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Special Task Force on Interrogations and Transfer Policies Issues its Recommendations to the President

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"Attorney General Eric Holder today announced that the Special Task Force on Interrogations and Transfer Policies, which was created pursuant to Executive Order 13491 on Jan. 22, 2009, has proposed that the Obama Administration establish a specialized interrogation group to bring together officials from law enforcement, the U.S. Intelligence Community and the Department of Defense to conduct interrogations in a manner that will strengthen national security consistent with the rule of law. The Task Force also made policy recommendations with respect to scenarios in which the United States moves or facilitates the movement of a person from one country to another or from U.S. custody to the custody of another country to ensure that U.S. practices in such transfers comply with U.S. law, policy and international obligations and do not result in the transfer of individuals to face torture."

United States. Department of Justice. Office of the Attorney General

2009-08-24
[March 24, 2019 Letter to the Chairman of the U.S. Senate Committee on the Judiciary Lindsey Graham, the Chairman of the U.S. House Committee on the Judiciary Jerrold Nadler, the Ranking Member of the U.S. Senate Committee on the Judiciary Dianne Feinstein, and the Ranking Member of the U.S. House Committee on the Judiciary Doug Collins]

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From the Letter: "As a supplement to the notification provided on Friday, March 22, 2019, I am writing today to advise you of the principal conclusions reached by Special Counsel Robert S. Mueller III and to inform you about the status of my initial review of the report he has prepared."

United States. Department of Justice. Office of the Attorney General

Barr, William Pelham, 1950-

2019-03-24
[March 29, 2019 Letter to the Chairman of the U.S. Senate Committee on the Judiciary Lindsey Graham and the Chairman of the U.S. House Committee on the Judiciary Jerrold Nadler]

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From the Letter: "I write in response to Chairman Nadler's March 25, 2019 letter and Chairman Graham's March 27, 2019 letter, which addressed the investigation of Special Counsel Robert S. Mueller, III and the 'confidential report' he has submitted to me pursuant to 28 C.F.R. § 600.8(c). As we have discussed, I share your desire to ensure that Congress and the public have the opportunity to read the Special Counsel's report. We are preparing the report for release, making the redactions that are required. The Special Counsel is assisting us in this process."

United States. Department of Justice. Office of the Attorney General

Barr, William Pelham, 1950-

2019-03-29
Policies and Procedures Governing Invocation of the State Secrets Privilege

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From the Attorney General: "I am issuing today new Department of Justice policies and administrative procedures that will provide greater accountability and reliability in the invocation of the state secrets privilege in litigation. The Department is adopting these policies and procedures to strengthen public confidence that the U.S. Government will invoke the privilege in court only when genuine and significant harm to national defense or foreign relations is at stake and only to the extent necessary to safeguard those interests. The policies and procedures set forth in this Memorandum are effective as of October 1, 2009, and the Department shall apply them in all cases in which a government department or agency thereafter seeks to invoke the state secrets privilege in litigation."

United States. Department of Justice. Office of the Attorney General

2009-09-23
Guidelines Regarding Disclosure to the Director of Central Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in the Course of a Criminal Investigation

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The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272, 389, enacted into law certain requirements for the sharing of information by Federal law enforcement agencies with the intelligence community. Specifically, section 905(a) of the USA PATRIOT Act provides that "the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of Central Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation." These guidelines apply to all elements of the Department of Justice having criminal investigative or prosecutorial responsibilities and to all other departments and agencies of the Federal government having law enforcement responsibilities (hereinafter, collectively, "Federal Law Enforcement Agencies"). These guidelines do not apply to agencies that provide support to criminal investigations, but that do not themselves conduct criminal investigations (e, the Department of Treasury's Office of Foreign Assets Control and Financial Crimes Enforcement Network).

United States. Department of Justice. Office of the Attorney General

2002-09-03
Attorney General's Annual Report to Congress and Assessment of U.S. Government Activities to Combat Trafficking in Persons: Fiscal Year 2009

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"This report, the seventh submitted to Congress since 2004, describes the U.S. government's comprehensive campaign to combat TIP during Fiscal Year 2009 (FY 2009), including efforts to (1) protect victims by providing benefits and services; (2) investigate and prosecute human trafficking crimes; and (3) prevent further trafficking-related crimes. In addition to reporting this information, the report includes an assessment of U.S. government activities based on improvements since the last annual report and recommendations for further improvement."

United States. Department of Justice. Office of the Attorney General

2010-07
Attorney General's Report to the President Pursuant to Executive Order 13392, Entitled 'Improving Agency Disclosure of Information'

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"This is the second report of the Attorney General. In accordance with the Executive Order, this report is based on the annual the Freedom of Information Act (FOIA) reports for FY06 that the agencies submitted earlier this year, and it provides 'an update on the agencies' implementation of the FOIA and of their plans' for improving their FOIA operations. On December 14, 2005, the President issued Executive Order 13,392 on 'Improving Agency Disclosure of Information.' In the Order, the President stated that '[t]he effective functioning of our constitutional democracy depends upon the participation in public life of a citizenry that is well informed,' and that 'the FOIA has provided an important means through which the public can obtain information regarding the activities of Federal agencies.' Accordingly, the President established the policy that agency FOIA operations shall be 'citizen-centered' and be 'both results-oriented and produce results.' As the President stated, '[a] citizen-centered and results-oriented approach will improve service and performance, thereby strengthening compliance with the FOIA, and will help avoid disputes and related litigation.'"

United States. Department of Justice. Office of the Attorney General

2007-06-01
Attorney General's Report on Criminal History Background Checks

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"There is widespread interest in obtaining access to criminal history record information from reliable sources for the purpose of screening an individual's suitability for employment, licensing, or placement in positions of trust. The interest comes from private and public employers, as well as non-profit organizations that place employees and volunteers to work with vulnerable populations such as children, the elderly, and disabled persons. The interest is based on a desire or perceived need to evaluate the risk of hiring or placing someone with a criminal record in particular positions and is intended to protect employees, customers, vulnerable persons, and business assets. Employers and organizations are subject to potential liability under negligent hiring doctrines if they fail to exercise due diligence in determining whether an applicant has a criminal history that is relevant to the responsibilities of a job and determining whether placement of the individual in the position would create an unreasonable risk to other employees or the public. In addition to addressing this litigation risk, employers want to assess the risks to their assets and reputations posed by placing persons with criminal histories in certain positions. To meet these business needs, employers can and frequently do ask applicants whether they have a criminal history. Such employers and organizations want access to criminal history records to determine whether applicants are answering the question about their criminal history truthfully and completely."

United States. Department of Justice. Office of the Attorney General

2006-06
Report of the Department of Justice's Task Force on Intellectual Property

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"In response to the growing threat of intellectual property crime, on March 31, 2004, the Attorney General of the United States announced the creation of the Department of Justice's Task Force on Intellectual Property. The Task Force was entrusted with a timely and important mission: to examine all of the Department of Justice's intellectual property enforcement efforts and to explore methods for the Justice Department to strengthen its protection of the nation's valuable intellectual resources. A team of legal experts, with a diverse range of expertise and experience, was assembled to tackle this undertaking. […]The Task Force also consulted other government agencies and gathered information from multiple sources outside the government, including victims of intellectual property theft, creators of intellectual property, community groups, and academia. After six months of work, the Task Force submits this final report of recommendations to the Attorney General. These recommendations outline both substantive and tangible methods for the Department of Justice to expand and enhance its efforts in protecting the nation's creative and intellectual resources."

United States. Department of Justice. Office of the Attorney General

2004-10
Legal Authorities Supporting the Activities of the National Security Agency Described by the President

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"As the President has explained, since shortly after the attacks of September 11, 2001, he has authorized the National Security Agency (NSA) to intercept international communications into and out of the United States of persons linked to al Qaeda or related terrorist organizations. The purpose of these intercepts is to establish an early warning system to detect and prevent another catastrophic terrorist attack on the United States. This paper addresses, in an unclassified form, the legal basis for the NSA activities described by the President ('NSA activities')."

United States. Department of Justice. Office of the Attorney General

2006-01-19
Attorney General's Annual Report to Congress and Assessment of U.S. Government Activities to Combat Trafficking in Persons Fiscal Year 2008

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"The centerpiece of U.S. Government efforts to eliminate human trafficking is the Trafficking Victims Protection Act of 2000 (TVPA), Pub. L. 106-386. […] The TVPA enhanced three aspects of federal government activity to combat TIP: protection, prosecution, and prevention. The TVPA, which was designed to address the needs of foreign victims of trafficking, provided for a range of new protections and assistance for victims of trafficking; it expanded the crimes and enhanced the penalties available to federal investigators and prosecutors pursuing traffickers; and it expanded the U.S. Government's international activities to prevent victims from being trafficked."

United States. Department of Justice. Office of the Attorney General

2009-06
Application of Treaties and Laws to al Qaeda and Taliban Detainees: Memorandum for Alberto R. Gonzales: Counsel to the President, and William J. Hayes II: General Counsel of the Department of Defense

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This document profiles the standards of conduct in regard to the treatment of U.S.-held prisoners under criterion of the War Crimes Act and the Geneva Convention Relative to the Treatment of Prisoners of War. Parts 11 and 111 of this memorandum discuss why other deviations front the text of Geneva 111 would not present either a violation of the treaty or of the WCA. Parl I1 explains that al Qaeda detainees cannot claim the protections of Geneva I11 because the treaty doer not apply to them.

United States. Department of Justice. Office of the Attorney General

2002-01-22
Instructions on Separation of Certain Foreign Counterintelligence and Criminal Investigations

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During the course of investigations into the World Trade Center bombing, significant counterintelligence information was developed related to the activities and plans of agents of foreign powers operating in this country and overseas, including previously unknown connections between separate terrorists groups. This letter explains the compelling need for further developed and expanded counterintelligence information.

United States. Department of Justice. Office of the Attorney General
Guidelines for Legislation Involving Federal Criminal Law Enforcement Activity

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"Authority to perform Federal criminal law enforcement functions -- including exercise of traditional police powers -- has been granted by Congress in the past to numerous Federal agencies. it is necessary, from time to time, to consider whether such authority should be extended to additional agencies. There have never existed any general standards for systematically evaluating the assignment of such authority. Since such authority is critical to the preservation of ordered liberty and at the same time involves the most potentially intrusive of all governmental powers, a responsible government should assure that it is granted cautiously, monitored carefully, and exercised responsibly. It is important -- both from the standpoint of safeguarding the individual liberties of innocent citizens and of assuring the most effective operation of the law enforcement function -- that the Administration employ reasonable standards for evaluating future proposals for further statutory grants of Federal criminal law enforcement authority. Such standards, in the form of guidelines contained in an Administration's Policy Statement, are attached. This policy statement was proposed by the Cabinet Council on Legal Policy, and has been approved by the President. It is effective immediately."

United States. Department of Justice. Office of the Attorney General

1984-06-29
Attorney General's Report on the Use of Pen Registers and Trap and Trace Devices Under the Foreign Intelligence Surveillance Act

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This document was declassified (from Secret classification) on February 28, 2014, and includes the Attorney General's reports from years 2001-2013. From the 2001 report: "This report is submitted pursuant to the Foreign Intelligence Surveillance Act of 1978 (the 'Act'), [...] as amended, by Public Law No. 105-272, 112 Stat. 2404-2413 (1998), and covers all applications to use pen registers and trap and trace devices conducted under the Act during the period July 1, 2000 through December 31, 2000. The Government filed five applications with the Foreign Intelligence Surveillance Court (FISC) seeking authorization to use pen registers and/or trap and trace devices during this period. The Court authorized the use of the pen registers and/or trap and trace devices as requested in all five applications." Similar reports follow for years 2002-2013.

United States. Department of Justice. Office of the Attorney General
FISA Annual Report to Congress for 2013

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"This report provides information regarding all applications made by the Government during calendar year 2013 for authority to conduct electronic surveillance for foreign intelligence purposes under the Act, all applications made by the Government during calendar year 2013 for access to certain business records (including the production of tangible things) for foreign intelligence purposes, and certain requests made by the Federal Bureau of Investigation pursuant to national security letter authorities."

United States. Department of Justice. Office of the Attorney General

2014-04-30
Strategic Plan: Stewards of the American Dream: The Department of Justice Strategic Plan FY 2007-2012

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This is a report from the U.S. Department of Justice (DoJ), Office of the Attorney General that outlines the strategic plan for the DoJ for FY 2007-2012. This report also contains six separate appendices. [...] "pledged all the Department's assets to a resolute approach to protect the dream: 'With whatever resource we obtain as a department, we will work smarter, better, and more efficiently, which are the hallmark traits of good government and public service.' The DOJ Strategic Plan for FY 2007-2012 describes how we will use our resources. It assures the public that those resources will be devoted to our most critical mission areas, and that none will be wasted through duplicative or overlapping activities. The plan describes comprehensive, realistic, multi-year strategies for carrying out the Department's mission and meeting our responsibilities. It is oriented toward achieving our vision of securing equal justice for all, enhancing respect for the rule of law, and making America a safer and less violent nation. It provides to the President, the Congress, and the American people an overview of the problems and challenges the Department faces in the years ahead and the goals and objectives we have set for ourselves. It is a reaffirmation of our commitment to be responsible stewards of the American dream."

United States. Department of Justice. Office of the Attorney General

2006-02-15
[Letter from Attorney General Eric H. Holder, Jr. to Senator Patrick J. Leahy Regarding the Obama Administration's Use of Lethal Force Against U.S. Citizens in Counterterrorism Operations]

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This letter from U.S. Attorney General Eric H. Holder, Jr. to Senator Patrick J. Leahy discusses the Obama administration's use of lethal force against U.S. citizens in counterterrorism operations. From the letter: "To this end, the President has directed me to disclose certain information that until now has been properly classified. You and other Members of your Committee have on numerous occasions expressed a particular interest in the Administration's use of lethal force against U.S. citizens. In light of this fact, I am writing to disclose to you certain information about the number of U.S. citizens who have been killed by U.S. counterterrorism operations outside of areas of active hostilities. Since 2009 , the United States, in the conduct of U.S. counterterrorism operations against al-Qa'ida and its associated forces outside of areas of active hostilities, has specifically targeted and killed one U.S. citizen, Anwar al-Aulaqi. The United States is further aware of three other U.S. citizens who have been killed in such U.S. counterterrorism operations over that same time period: Samir Khan, 'Abd al-Rahman Anwar al-Aulaqi, and Jude Kenan Mohammed. These individuals were not specifically targeted by the United States."

United States. Department of Justice. Office of the Attorney General

Holder, Eric H., 1951-

2013-05-22
[Letter from Attorney General Eric Holder to Senator Rand Paul Regarding Presidential Power to Authorize Lethal Force Against a U.S. Citizen on U.S. Soil Without Trial]

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From the letter: "On February 20, 2013, you wrote to John Brennan requesting additional information concerning the Administration's views about whether 'the President has the power to authorize lethal force, such as a drone strike, against a U.S. citizen on U.S. soil, and without trial.' As members of this Administration have previously indicated, the U.S. government has not carried out drone strikes in the United States and has no intention of doing so. As a policy matter, moreover, we reject the use of military force where well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat. We have a long history of using the criminal justice system to incapacitate individuals located in our country who pose a threat to the United States and its interests abroad. Hundreds of individuals have been arrested and convicted of terrorism-related offenses in our federal courts."

United States. Department of Justice. Office of the Attorney General

Holder, Eric H., 1951-

2013-03-04
Memorandum for Federal Prosecutors Along the Southwest Border

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"I direct each United States Attorney's Office along the Southwest Border--to the extent practicable, and in consultation with DHS--to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under section 1325(a). This zero-tolerance policy shall supersede any existing policies. If adopting such a policy requires additional resources, each office shall identify and request such additional resources."

United States. Department of Justice. Office of the Attorney General

Sessions, Jeff

2018-04-06
Summary of Legal Authorities for Use in Response to an Outbreak of Pandemic Influenza [April 25, 2009]

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This memorandum was sent on April 25, 2009 from the U.S. Attorney General to the U.S. President regarding legal authorities for a federal response to an influenza emergency. From the document: "[a]s a precaution in light of reports regarding the possible spread of an influenza outbreak in Mexico, I outline below [in the memo] a brief summary of the major relevant legal authorities for a federal response to a pandemic influenza emergency. As outlined below, the Executive Branch has substantial authorities given by statute or regulation to various agencies that could be used to limit the spread of a pandemic. These include the authority to impose quarantines; control the borders; regulate transportation; and to coordinate with and provide assistance to state and local governments. While individual agencies are in the best position to describe the full extent of their legal authorities, the outline below reviews the major relevant legal authorities. I have also attached a memorandum I received from the Office of Legal Counsel at the Department of Justice which provides additional detail regarding these legal authorities." This attached memorandum is included in this document.

United States. Department of Justice. Office of the Attorney General

2009-04-25
Possession or Use of the Feathers or Other Parts of Federally Protected Birds for Tribal Cultural and Religious Purposes

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"This memorandum formalizes and memorializes the longstanding policy and practice of the Department of Justice regarding the possession or use of federally protected birds, bird feathers, or other bird parts for the cultural and religious purposes of federally recognized Indian tribes. This memorandum also provides background and guidance regarding this policy. The Department of Justice recognizes that many Indian tribes and tribal members use, and traditionally have used, federally protected birds, bird feathers, or other bird parts for their tribal cultural and religious expression. Indeed, the eagle plays a unique and important role in the religious and cultural life of many Indian tribes. And in light of the important government- to-government relationship that the United States has with federally recognized tribes, the United States has a strong interest in accommodating the interests of these tribes by protecting the ability of their members to meaningfully practice their religions and preserve their cultures. In addition, accommodating these tribal interests is integral to the federal commitment to foster tribal self- determination and self-governance."

United States. Department of Justice. Office of the Attorney General

2012-10-12
Report of the Attorney General's Cyber Digital Task Force: Cryptocurrency Enforcement Framework

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From the Introduction: "At the outset, it bears emphasizing that distributed ledger technology, upon which all cryptocurrencies build, raises breathtaking possibilities for human flourishing. These possibilities are rightly being explored around the globe, from within academia and industry, and from within governments-- including our own. [...] But as the following pages make clear, despite its relatively brief existence, this technology already plays a role in many of the most significant criminal and national security threats our nation faces. As the Task Force has found, illicit uses of cryptocurrency typically fall into three categories: (1) financial transactions associated with the commission of crimes; (2) money laundering and the shielding of legitimate activity from tax, reporting, or other legal requirements; or (3) crimes, such as theft, directly implicating the cryptocurrency marketplace itself. Part I of this Enforcement Framework examines in detail each of those categories. Our society is not powerless in the face of these threats. As Part II demonstrates, the government has legal and regulatory tools available at its disposal to confront the threats posed by cryptocurrency's illicit uses. [...] This report concludes in Part III with a discussion of the ongoing challenges the government faces in cryptocurrency enforcement--particularly with respect to business models (employed by certain cryptocurrency exchanges, platforms, kiosks, and casinos), and to activity (like 'mixing' and 'tumbling,' 'chain hopping,' and certain instances of jurisdictional arbitrage) that may facilitate criminal activity."

United States. Department of Justice. Office of the Attorney General

2020-10
Investigation of the Chicago Police Department

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From the Executive Summary: "On December 7, 2015, the United States Department of Justice (DOJ), Civil Rights Division, Special Litigation Section, and the United States Attorney's Office for the Northern District of Illinois, jointly initiated an investigation of the City of Chicago's Police Department (CPD) and the Independent Police Review Authority (IPRA). This investigation was undertaken to determine whether the Chicago Police Department is engaging in a pattern or practice of unlawful conduct and, if so, what systemic deficiencies or practices within CPD, IPRA, and the City might be facilitating or causing this pattern or practice. Our investigation assessed CPD's use of force, including deadly force, and addressed CPD policies, training, reporting, investigation, and review related to officer use of force. The investigation further addressed CPD's and IPRA's systems of accountability both as they relate to officer use of force and officer misconduct, including the intake, investigation, and review of allegations of officer misconduct, and the imposition of discipline or other corrective action. We also investigated racial, ethnic, or other disparities in CPD's force and accountability practices, and assessed how those disparities inform the breakdown in community trust. [...] This investigation was initiated as Chicago grappled with the aftermath of the release of a video showing a white police officer fatally shooting black teenager Laquan McDonald. This aftermath included protests, murder charges for the involved officer, and the resignation of Chicago's police superintendent. The McDonald incident was widely viewed as a tipping point-igniting longstanding concerns about CPD officers' use of force, and the City's systems for detecting and correcting the unlawful use of force."

United States. Department of Justice. Civil Rights Division; United States. Department of Justice. Office of the Attorney General

2017-01-13
Memorandum of Agreement between the Attorney General and the Director of National Intelligence on Guidelines for Access, Retention, Use, and Dissemination by the National Counterterrorism Center of Terrorism Information Contained within Datasets Identified as Including Non-Terrorism Information and Information Pertaining Exclusively to Domestic Terrorism

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"Section 102A(b) of the National Security Act of 1947, as amended, provides that '[u]less otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence.' This Memorandum of Agreement (MOA) establishes such guidelines between the Attorney General and the Director of National Intelligence as called for in section 102A of the National Security Act of 1947, as amended, to govern the access, retention, use, and dissemination by [National Counterterrorism Center] of terrorism information that is contained within datasets that are identified as including non-terrorism information and information pertaining exclusively to domestic terrorism."

United States. Department of Justice. Office of the Attorney General; United States. Office of the Director of National Intelligence

2008
Letter to Senator Harry Reid from Attorney General Michael B. Mukasey and Director of National Intelligence J.M. McConnell Regarding the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (H.R. 6304), July 7, 2008

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"This letter presents the views of the Administration on an amendment to the Foreign Intelligence Surveillance Act of 1978 ('FISA') Amendments Act of 2008 (H.R. 6304) that was not covered in our letter of June 26, 2008. As we stated in that letter, we strongly support enactment of H.R. 6304, which would represent an historic modernization of FISA to reflect dramatic changes in communications technology over the last 30 years. This bill, which passed the House of Representatives by a wide margin of 293-129, is the result of a bipartisan effort that will place the Nation's foreign intelligence effort in this area on a firm, long-term foundation. The bill provides our intelligence professionals the tools they need to protect the country and protects companies whose assistance is vital to this effort from lawsuits for past and future cooperation with the Government. As we have previously noted, any FISA modernization bill must contain effective legal protections for those companies sued because they are believed to have helped the Government prevent terrorist attacks in the aftermath of September II, 2001. Liability protection is the fair and just result and is necessary to ensure the continued assistance of the private sector. H.R. 6304 contains such protection, but the amendment addressed in this letter would unnecessarily delay implementation of the protections with the purpose of deferring any decision on this issue for more than a year."

United States. Department of Justice. Office of the Attorney General; United States. Office of the Director of National Intelligence

Mukasey, Michael Bernard, 1941-; McConnel, J.M.

2008-07-07
Review of FBI Electronic Surveillance and Records Management Programs in Response to a Referral by the U.S. Office of Special Counsel

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"On behalf of Director Robert S. Mueller, III, the Inspection Division (INSD) of the Federal Bureau of Investigation (FBI) investigated allegations made by Scott A. MacDonald, a former Supervisory Management and Program Analyst (SMAPA) with the FBI's Records Management Division (RMD). On February 18, 2012, Mr. MacDonald advised the U.S. Office of Special Counsel COSe) of perceived violations of law, rule, regulation, gross mismanagement, gross waste of funds, and abuse of authority within the RMD. In accordance with Section 1213(c) of Title 5, United States Code, the appropriate agency head is required to conduct an investigation and prepare a report for submission to OSC. The Attorney General delegated the authority to investigate and compile a report to the FBI. Inspector Deirdre L. Fike directed the investigation for INSD."

United States. Department of Justice. Office of the Attorney General; United States. Federal Bureau of Investigation

2013-01-29
Aviation Operational Threat Response Plan, Supporting Plan to the National Strategy for Aviation Security, March 26, 2007

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"The Aviation Operational Threat Response Plan (Plan) directs the coordination, as appropriate, of the United States Government operational response to terrorist, criminal, and hostile state threats to, or attacks against, the United States and its interests in the Air Domain. This Plan is part of an active, layered, aviation security and defense in-depth. This Plan enhances our existing capabilities by directing the coordination, collaboration, and integration of United States Government national-level agency command centers, which includes for the purposes of this plan, operations centers. It enhances our capability to achieve coordinated, unified, timely, and effective planning and mission accomplishment to counter those threats that require immediate aviation response actions. This Plan supports the strategic objectives listed in NSPD-47/HSPD-16. To execute the coordination requirements and response activities more effectively, this Plan directs lead and supporting Federal department and agency roles and responsibilities based on the following criteria: existing law, desired United States Government outcome, greatest potential impact of the threat, the response capabilities required, assets on-scene, and authority to act. This Plan directs immediate actions, generally short duration in nature, to counter the full range of airborne and ground-based aviation security threats. These threats include, but are not limited to, those identified in NSPD-47/HSPD-16: attacks using aircraft as weapons against ground-based targets; attacks against aircraft, including hijacking and air piracy; attacks using standoff weapons, including Man Portable Air Defense Systems (MANPADS) or weapons of mass destruction (WMD); and attacks against Aviation Transportation System (ATS) infrastructure."

United States. Department of Justice. Office of the Attorney General; United States. Department of Defense. Office of the Secretary of Defense

2007-03-26
Memorandum of Agreement Between the Attorney General and the Director of National Intelligence on Guidelines for Access, Retention, Use, and Dissemination by the National Counterterrorism Center of Terrorism Information Contained Within Datasets Identified as Including Non-terrorism Information and Information Pertaining Exclusively to Domestic Terrorism [With 2012 Guidelines Amendments]

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This document is referenced in an October 26, 2012 from the American Civil Liberties Union (ACLU) to the Privacy and Civil Liberties Oversight Board (PCLOB) of the U.S. General Services Administration. The document specifically pertains to "program activities under the amended National Counterterrorism Center (NCTC) guidelines signed by Attorney General Eric Holder and Director of National Intelligence James Clapper in March 2012" which "authorize collection authorities on a scale not claimed since Congress de-funded the Total Information Awareness program." According to the ACLU letter to the PCLOB, "Under the original 2008 guidelines, NCTC, being an element of the intelligence community, was properly limited in its authority to collect and retain information about United States persons (American citizens and legal residents) who were not suspected of involvement with terrorism. If the NCTC collected information about US persons not related to terrorism, it was treated as a mistake that had to be identified and corrected by purging such information from NCTC databases within 180 days. This requirement served as a check on the NCTC's domestic activities, and a necessary protection of innocent Americans' privacy. Under the 2012 guidelines, however, NC TC can now intentionally collect non-terrorism related US person information , and that information can be 'retained and continually assessed' for five years. NCTC can now target any U.S. government databases for ingestion based simply on the NCTC Director's determination that it contains 'significant terrorism information,' which the guidelines do not define." The referring ACLU letter can be accessed at the following URL: https://www.hsdl.org/?abstract&did=738533

United States. Department of Justice. Office of the Attorney General; United States. Office of the Director of National Intelligence

2012?

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