Week 2 Readings and Videos
E.O. 12333 with Regard to Domestic Intelligence Functions and Authorities
I. Introduction
Section 1.7 (a) of Executive Order (E.O.) 12333 requires senior officials of the Intelligence Community to—report to the Attorney General possible violations of the federal criminal laws by employees and of specified federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department or agency concerned, in a manner consistent with the protection of intelligence sources and Methods, as specified in those procedures.
Title 28, Unites States Code, Section 535 (b) requires that—any information, allegation, or complaint received in a department or agency of the executive branch of government relating to violations of title 18 involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, unless—
- the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or
- as to any department or agency of the Government, the Attorney General directors otherwise with respect to a specified class of information, allegation, or complaint.
This Memorandum of Understanding (MOU) sets forth the procedures by which each agency and organization within the Intelligence Community shall report to the Attorney General and to federal investigative agencies information concerning possible federal crimes by employees of an intelligence agency or organization, or violations of specified federal criminal laws by any other person, which information was collected by it during the performance of its designated intelligence activities, as those activities are defines in E.O. 12333, §§1.8-1.13.
II. Definitions
A. “Agency,” as that term is used herein, refers to those agencies and organizations within the Intelligence Community as defined in E.O. 12333, §3.4(f), but excluding the intelligence elements of the Federal Bureau of Investigation and the Department of Treasury.
B. “Employee,” as that term is used herein, means:
1. a staff employee, contract employee, asset, or other person or entity providing service to or acting on behalf of any agency within the intelligence community;
2. a former officer or employee of any agency within the intelligence community for purposes of an offense committed during such person’s employment, and for purposes of an offense involving a violation of 18 U.S.C. §207 (Conflict of interest); and
3. any other Government employee on detail to the Agency.
C. “General Counsel” means the general counsel of the Agency or of the Department of which it is a component or an oversight person designated by such person to act on his/her behalf, and for purposes of these procedures may include an Inspector General or equivalent official if agency or departmental procedures so require or if designated by the agency or department head.
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