20 May 2006

Source: http://www.gpoaccess.gov/cfr/index.html


[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR0]

[Page 25-26]
Subpart F-1--Office of Intelligence Policy and Review

Sec. 0.33a  Organization.

    The Office of Intelligence Policy and Review shall be headed by a 
Counsel for Intelligence Policy, appointed by the Attorney General.

[Order No. 960-81, 46 FR 52343, Oct. 27, 1981]

Sec. 0.33b  Functions.

    The Counsel for Intelligence Policy shall:
    (a) Advise and assist the Attorney General in carrying out his 
responsibilities under Executive Order 12036, ``United States 
Intelligence Activities;''
    (b) Serve as the Department representative on interdepartmental 
boards, committees and other groups dealing with intelligence and 
counterintelligence matters;
    (c) Oversee the development, coordination and implementation of 
Department policy with regard to intelligence, counterintelligence and 
national security matters;
    (d) Participate in the development, implementation and review of 
United States intelligence policies, including procedures for the 
conduct of intelligence and counterintelligence activities;
    (e) Evaluate Departmental activities and existing and proposed 
domestic and foreign intelligence and counterintelligence activities to 
determine their consistency with United States intelligence policies and 
    (f) Formulate policy alternatives and recommend action by the 
Department and other executive agencies in achieving lawful United 
States intelligence and counterintelligence objectives;
    (g) Analyze and interpret current statutes, Executive orders, 
guidelines, and other directives pertaining to domestic security, 
foreign intelligence and counterintelligence activities; and
    (h) Review and comment upon proposed statutes, guidelines, and other 
directives with regard to intelligence activities; and, in conjunction 
with the Office of Legal Counsel, review and comment upon the form and 
legality of proposed Executive Orders that touch upon matters related to 
the function of this Office;
    (i) Supervise the preparation of certifications and applications for 
orders under the Foreign Intelligence Surveillance Act and the 
representation of the United States before the United States Foreign 
Intelligence Surveillance Court;
    (j) Recommend action by the Department of Justice with regard to 
applications for foreign intelligence and counterintelligence electronic 
surveillances, as well as for other investigative activities by 
executive branch agencies;
    (k) Monitor intelligence and counterintelligence activities by 
executive branch agencies to insure conformity with Department 
    (l) Prepare periodic and special intelligence reports describing and 
evaluating domestic and foreign intelligence and counterintelligence 
activities and assessing trends or changes in these activities;
    (m) Provide a quality control review for all outgoing intelligence 
and counterintelligence reports;
    (n) Supervise the preparation of the Office's submission for the 
annual budget; and
    (o) Perform other duties pertaining to intelligence activities as 
may be assigned by the Attorney General.

[Order No. 875-80, 45 FR 13729, Mar. 3, 1980, as amended by Order No. 
960-81, 46 FR 52343, Oct. 27, 1981]

Sec. 0.33c  Relationship to other departmental units.

    (a) Internal security functions at Sec. 0.61 shall continue to be 
the responsibility of the Assistant Attorney General in charge of the 
Criminal Division.
    (b) The Assistant Attorney General for Administration shall be 
responsible for providing advice relating to basic Department policy for 
security and shall direct all Department security programs assigned at 
Sec. 0.75(p).
    (c) Responsibility for conducting criminal investigations shall 
continue to rest with the head of the Departmental investigative or 
prosecutive unit having jurisdiction over the subject matter.
    (d) Responsibility for conducting intelligence activities shall 
continue to

[[Page 26]]

rest with the head of the Departmental unit having jurisdiction over the 
subject matter.
    (e) In rendering legal opinions, the Counsel for Intelligence Policy 
shall consult with the Office of Legal Counsel whenever the Counsel 
    (1) That a question raises significant implications for activities 
of the government other than intelligence activities, or
    (2) That other facts or circumstances make such consultation 

[Order No. 875-80, 45 FR 13729, Mar. 3, 1980]