greyseal
11-14-2011, 03:24 PM
The Authority for National Security Letters
Counterintelligence access to telephone toll and transactional records
“It might be more worthwhile if we stopped wringing our hands and started ringing our congressmen”
Where the territory now designated as the District of Columbia was in Virginia and Maryland when they respectively joined the Union under the Constitution, the Constitution theoretically remains in full force and effect. However, when the District municipal corporation was revised following the Civil War, Congress adopted the "Constitution of the United States of America" for the District municipal corporation. This distortion aside, the District of Columbia is actually a class of one as it does not have standing as a State of the Union and it isn't an unincorporated insular possession of the United States, so is usually named in definitions when statutory application is intended to apply within the District.
The Duty to Provide subscriber information
18 USC 2709 Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1867
TITLE 18 > PART I > CHAPTER 121
§ 2709. COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL RECORDS
http://www.law.cornell.edu/uscode/usc_sec_18_00002709----000-.html
(a) Duty to Provide.— A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section.
(b) Required Certification.— The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may—
(1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and
(2) request the name, address, and length of service of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
No corresponding parts in CFR There are no CFR parts for which 18 USC 2709 provides authority.
Any given statute which creates an obligation, prescribes a penalty, etc., must have an implementing regulation. When regulations are published in the Federal Register, penalties may be imposed only as the published regulation specifies. The regulation may not exceed or depart from statutory intent.
This is required by the Federal Register Act, the applicable section at 44 U.S.C. § 1505(a), the same subsection that establishes the mandate for delegations of authority to be published in the Federal Register:
Sec. 1505. Documents to be published in Federal Register
(a) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register --
(1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;
(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and
(3) documents or classes of documents that may be required so to be published by Act of Congress.
For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect.
To support the assertion that it is mandatory for implementing regulations to be promulgated , we look to California Bankers Assn. v. Schultz, 39 L.Ed. 2d 812 at 820:
"Because it has a bearing on some of the issues raised by the parties, we think it important to note that the Act's civil and criminal penalties attach only upon violation of regulations promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone."
In U.S. v. Reinis, 794 F.2d 506 at 508 (9th Cir. 1986) the court said:
"An individual cannot be prosecuted for violating this Act unless he violates an implementing regulation The result is that neither the statute nor the regulations are complete without the other, and only together do they have any force. In effect, therefore, the construction of one necessarily involves the construction of the other."
Title 18 of the Code of Federal Regulations is "Conservation of Power and Water Resources". There is no title in the Code of Federal Regulations for the Criminal Code, which is Title 18 of the United States Code. Each title 18 U.S.C. criminal statute listed in the Parallel Table of Authorities and Rules, and most aren't, relies on regulations promulgated under authority of some other United States Code title. The regulations for Public Law 99-508, the source of 18 U.S.C. 2709 (a) Duty to Provide do have regulations, reproduced below
100 STAT. 1848 PUBLIC LAW 99-508—OCT. 21, 1986
Oct. 21, 1986 [H.R. 4952]
Electronic Communications Privacy Act of 1986.
18 USC 2510
note.
Public Law 99-508 99th Congress
An Act
To amend title 18, United States Code, with respect to the interception of certain
communications, other forms of surveillance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Electronic Communications Privacy
Act of 1986".
TITLE I—INTERCEPTION OF COMMUNICATIONS AND
RELATED MATTERS DEFINITIONS.—(1) Section 2510(1) of title 18, United States
Code,
Regulations listed in the Code of Federal regulations
Atomic Energy Act
TITLE 18 > PART I > CHAPTER 119§ 2510 CFR parts for which 18 USC 2510 provides authority 15 CFR 730
15 CFR 738 15 CFR 742 15 CFR 774
15 CFR § 730.1 What these regulations cover.
In this part, references to the Export Administration Regulations (EAR) are references to 15 CFR chapter VII, subchapter C. The EAR are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, and activities. In addition, the EAR implement antiboycott law provisions requiring regulations to prohibit specified conduct by United States persons that has the effect of furthering or supporting boycotts fostered or imposed by a country against a country friendly to United States.
15 CFR § 738.1 Introduction.
(a) Commerce Control List scope. (1) In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL) within the Export Administration Regulations (EAR), which includes items (i.e., commodities, software, and technology) subject to the export licensing authority of BIS. The CCL does not include those items exclusively controlled for export or re-export by another department or agency of the U.S. Government. (UNDERLINE ADDED)
§ 742.1 Introduction.
In this part, references to the Export Administration Regulations (EAR) are references to 15 CFR chapter VII, subchapter C.
(a) Scope. This part describes all the reasons for control reflected in the Country Chart in Supplement No. 1 to part 738 of the EAR. In addition, it includes licensing requirements and licensing policies for the following items that are not reflected on the Country Chart: specially designed implements of torture, high performance computers, and communications intercepting devices. In addition to describing the reasons for control and licensing requirements and policies, this part describes any applicable contract sanctity provisions that may apply to specific controls and includes a description of any multilateral regime under which specific controls are maintained.
§ 774.1 Introduction.( SAME AS 15 CFR § 730.1)
Supplement No. 1 to Part 774—The Commerce Control List
Category 0—Nuclear Materials, Facilities, and Equipment [and Miscellaneous Items]
A. Systems, Equipment and Components
0A001 “Nuclear reactors”, i.e., reactors capable of operation so as to maintain a controlled, self-sustaining fission chain reaction, and equipment and components specially designed or prepared for use in connection with a “nuclear reactor”, including (see List of Items Controlled).
License Requirements
Reason for Control:
Control(s): Items described in 0A001 are subject to the export licensing authority of the Nuclear Regulatory Commission (see 10 CFR part 110)
10 CFR § 110.1 PURPOSE AND SCOPE.
(a) The regulations in this part prescribe licensing, enforcement, and rulemaking procedures and criteria, under the Atomic Energy Act, for the export of nuclear equipment and material, as set out in §§ 110.8 and 110.9, and the import of nuclear equipment and material, as set out in § 110.9a. This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of § 110.7b.
• Category 0 - Nuclear Materials, Facilities & Equipment (and Miscellaneous Items)
• Category 1 - Materials, Chemicals, Microorganisms, and Toxins
• Category 2 - Materials Processing
• Category 3 - Electronics
• Category 4 - Computers
• Category 5 (Part 1) - Telecommunications
• Category 5 (Part 2) - Information Security
• Category 6 - Sensors and Lasers
• Category 7 - Navigation and Avionics
• Category 8 - Marine
• Category 9 - Propulsion Systems, Space Vehicles and Related Equipment
The Procedures for interception
Procedures for interception
TITLE 18 > PART I > CHAPTER 119
§ 2518. Procedure for interception of wire, oral, or electronic communications
(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:
(a) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including
(i) details as to the particular offense that has been, is being, or is about to be committed,
(ii) except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted,
(iii) a particular description of the type of communications sought to be intercepted,
(iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;
Source
(Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 218
Public Law 90-351 is the District of Columbia Crime Bill
Lyndon B. Johnson: Statement by the President Upon Signing the District of Columbia Crime Bill. http://www.presidency.ucsb.edu/ws/index.php?pid=28644#ixzz1ckPgEFQR
The Omnibus Crime Control and Safe Streets Act of 1968 was approved by the President on June 19, 1968 (Public Law 90-351, 82 Stat. 197]
In the last session of the Congress, I recommended a Safe Streets and Crime Control Act to help local communities meet their local responsibilities in fighting the causes of crime. This measure demands the most urgent attention of the Congress upon its return.
That measure emphasizes what we all know--crime is a local problem.
That is true in the District of Columbia, as in every other city of this land.
The bill before me today has the support of the mayor and the administration of the city of Washington.
I am signing this bill in the belief that their careful attention to all its provisions will assure an effective campaign for the public order.
The Authority of the FBI Public Law 90-351
Full text of "F Manual of Investigative Operation! and Guidelines Volume 2
FBI Manual of Investigative Operations and Guidelines - Volume 2"BI Manual of Investigative Operations and Guidelines - Volume 2
Sensitive
Manual of Investigative Operation! and Guidelines
Part I
SECTION 188. CRIME RESISTANCE
188-1 STATUTES
EFFECTIVE: 11/23/87
188-1.1 Public Law 90-351 (Omnibus Crime Control and Safe Streets
Act of 1968)
"The Director of the FBI is authorized to develop new or
improved approaches, techniques, systems, equipment and devices to
improve and strengthen law enforcement." FBI crime resistance
activities are designed to fulfill the mandate contained in this
Statute.
EFFECTIVE: 11/23/87
188-1.2 Title 28, United States Code, Chapter 33
Title 28 provides fundamental authority for FBI activities
and inherently requires public accountability and responsiveness.
Implicit within the mission of the FBI is a responsibility to provide
guidance to the public with regard to measures which may be used to
achieve reductions in crime.
Definition of law Enforcement Public Law 90-351
INDIAN TRIBES PERFORMING LAW ENFORCEMENT FUNCTIONS
Notice of Determination
SECTION 601(d), title I, of the Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, places a responsibility on the Secretary of the Interior to determine those Indian tribes which perform law enforcement functions.
On March 18, 1969 (34 F.R. 5341), July 7, 1970 (35 F.R. 10917), and February 26, 1971 (36 F.R. 3531), there were published in the FEDERAL REGISTER lists identifying tribes determined by the Secretary to perform full law enforcement functions; however, the interpretation of "law enforcement" as given in section 601(a) means all activities pertaining to crime prevention or reduction and enforcement of the criminal law. The interpretation applied to the Act by the listing of March 18, 1969, as amended, was overly restrictive and could act to deny benefits to tribes which perform some services as defined by section 601(a).
Therefore, the Notice of Determination of March 18, 1969, as amended, is further amended by the addition of a statement following the list of tribes previously determined eligible, which reads as follows:
It is the determination of the Secretary of the Interior that all tribes recognized and serviced by the Bureau of Indian Affairs perform all or a part of "law enforcement" functions as defined in section 601(a).
Effective date. This notice shall be effective upon publication in the FEDERAL REGISTER (7-10-71).
HARRISON LOESCH,
Assistant Secretary of the Interior.
.
Department of Homeland Security
Authorization Public Law 90-351
Department of Homeland Security Appropriations Act, 2004, Public Law 108-90, 6 U.S.C 464d; Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, 42 U.S.C 3771; Implementing Recommendations of the 9/11 Commission Act (9/11 Act), Section 513, Public Law 110-53; The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Public Law 110-329. TITLE 6 USC CHAPTER 1 > § 101
No corresponding parts in CFR- There are no CFR parts for which 6 USC 101 provides authority.
Department of Homeland Security is a District of Columbia Agency
Authority Public Law 90-351
District of Columbia Code
DIVISION I GOVERNMENT OF DISTRICT
TITLE 7 HUMAN HEALTH CARE AND SAFETY
SUBTITLE J PUBLIC SAFETY
§ 7-2202. Homeland Security and Emergency Management Agency authorized; Director and other personnel; compensation [Formerly § 6-1402].
(a) To carry out the purposes of this chapter, the Mayor of the District of Columbia is authorized to establish in the municipal government of such District a Homeland Security and Emergency Management Agency to consist of a Director and such other personnel as may be needed. Such Director shall be the executive head of such Agency..........
http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=2.0&SP=DCC-1000&Action=Welcome
Counterintelligence access to telephone toll and transactional records
“It might be more worthwhile if we stopped wringing our hands and started ringing our congressmen”
Where the territory now designated as the District of Columbia was in Virginia and Maryland when they respectively joined the Union under the Constitution, the Constitution theoretically remains in full force and effect. However, when the District municipal corporation was revised following the Civil War, Congress adopted the "Constitution of the United States of America" for the District municipal corporation. This distortion aside, the District of Columbia is actually a class of one as it does not have standing as a State of the Union and it isn't an unincorporated insular possession of the United States, so is usually named in definitions when statutory application is intended to apply within the District.
The Duty to Provide subscriber information
18 USC 2709 Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1867
TITLE 18 > PART I > CHAPTER 121
§ 2709. COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL RECORDS
http://www.law.cornell.edu/uscode/usc_sec_18_00002709----000-.html
(a) Duty to Provide.— A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section.
(b) Required Certification.— The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may—
(1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and
(2) request the name, address, and length of service of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
No corresponding parts in CFR There are no CFR parts for which 18 USC 2709 provides authority.
Any given statute which creates an obligation, prescribes a penalty, etc., must have an implementing regulation. When regulations are published in the Federal Register, penalties may be imposed only as the published regulation specifies. The regulation may not exceed or depart from statutory intent.
This is required by the Federal Register Act, the applicable section at 44 U.S.C. § 1505(a), the same subsection that establishes the mandate for delegations of authority to be published in the Federal Register:
Sec. 1505. Documents to be published in Federal Register
(a) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register --
(1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;
(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and
(3) documents or classes of documents that may be required so to be published by Act of Congress.
For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect.
To support the assertion that it is mandatory for implementing regulations to be promulgated , we look to California Bankers Assn. v. Schultz, 39 L.Ed. 2d 812 at 820:
"Because it has a bearing on some of the issues raised by the parties, we think it important to note that the Act's civil and criminal penalties attach only upon violation of regulations promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone."
In U.S. v. Reinis, 794 F.2d 506 at 508 (9th Cir. 1986) the court said:
"An individual cannot be prosecuted for violating this Act unless he violates an implementing regulation The result is that neither the statute nor the regulations are complete without the other, and only together do they have any force. In effect, therefore, the construction of one necessarily involves the construction of the other."
Title 18 of the Code of Federal Regulations is "Conservation of Power and Water Resources". There is no title in the Code of Federal Regulations for the Criminal Code, which is Title 18 of the United States Code. Each title 18 U.S.C. criminal statute listed in the Parallel Table of Authorities and Rules, and most aren't, relies on regulations promulgated under authority of some other United States Code title. The regulations for Public Law 99-508, the source of 18 U.S.C. 2709 (a) Duty to Provide do have regulations, reproduced below
100 STAT. 1848 PUBLIC LAW 99-508—OCT. 21, 1986
Oct. 21, 1986 [H.R. 4952]
Electronic Communications Privacy Act of 1986.
18 USC 2510
note.
Public Law 99-508 99th Congress
An Act
To amend title 18, United States Code, with respect to the interception of certain
communications, other forms of surveillance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Electronic Communications Privacy
Act of 1986".
TITLE I—INTERCEPTION OF COMMUNICATIONS AND
RELATED MATTERS DEFINITIONS.—(1) Section 2510(1) of title 18, United States
Code,
Regulations listed in the Code of Federal regulations
Atomic Energy Act
TITLE 18 > PART I > CHAPTER 119§ 2510 CFR parts for which 18 USC 2510 provides authority 15 CFR 730
15 CFR 738 15 CFR 742 15 CFR 774
15 CFR § 730.1 What these regulations cover.
In this part, references to the Export Administration Regulations (EAR) are references to 15 CFR chapter VII, subchapter C. The EAR are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, and activities. In addition, the EAR implement antiboycott law provisions requiring regulations to prohibit specified conduct by United States persons that has the effect of furthering or supporting boycotts fostered or imposed by a country against a country friendly to United States.
15 CFR § 738.1 Introduction.
(a) Commerce Control List scope. (1) In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL) within the Export Administration Regulations (EAR), which includes items (i.e., commodities, software, and technology) subject to the export licensing authority of BIS. The CCL does not include those items exclusively controlled for export or re-export by another department or agency of the U.S. Government. (UNDERLINE ADDED)
§ 742.1 Introduction.
In this part, references to the Export Administration Regulations (EAR) are references to 15 CFR chapter VII, subchapter C.
(a) Scope. This part describes all the reasons for control reflected in the Country Chart in Supplement No. 1 to part 738 of the EAR. In addition, it includes licensing requirements and licensing policies for the following items that are not reflected on the Country Chart: specially designed implements of torture, high performance computers, and communications intercepting devices. In addition to describing the reasons for control and licensing requirements and policies, this part describes any applicable contract sanctity provisions that may apply to specific controls and includes a description of any multilateral regime under which specific controls are maintained.
§ 774.1 Introduction.( SAME AS 15 CFR § 730.1)
Supplement No. 1 to Part 774—The Commerce Control List
Category 0—Nuclear Materials, Facilities, and Equipment [and Miscellaneous Items]
A. Systems, Equipment and Components
0A001 “Nuclear reactors”, i.e., reactors capable of operation so as to maintain a controlled, self-sustaining fission chain reaction, and equipment and components specially designed or prepared for use in connection with a “nuclear reactor”, including (see List of Items Controlled).
License Requirements
Reason for Control:
Control(s): Items described in 0A001 are subject to the export licensing authority of the Nuclear Regulatory Commission (see 10 CFR part 110)
10 CFR § 110.1 PURPOSE AND SCOPE.
(a) The regulations in this part prescribe licensing, enforcement, and rulemaking procedures and criteria, under the Atomic Energy Act, for the export of nuclear equipment and material, as set out in §§ 110.8 and 110.9, and the import of nuclear equipment and material, as set out in § 110.9a. This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of § 110.7b.
• Category 0 - Nuclear Materials, Facilities & Equipment (and Miscellaneous Items)
• Category 1 - Materials, Chemicals, Microorganisms, and Toxins
• Category 2 - Materials Processing
• Category 3 - Electronics
• Category 4 - Computers
• Category 5 (Part 1) - Telecommunications
• Category 5 (Part 2) - Information Security
• Category 6 - Sensors and Lasers
• Category 7 - Navigation and Avionics
• Category 8 - Marine
• Category 9 - Propulsion Systems, Space Vehicles and Related Equipment
The Procedures for interception
Procedures for interception
TITLE 18 > PART I > CHAPTER 119
§ 2518. Procedure for interception of wire, oral, or electronic communications
(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:
(a) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including
(i) details as to the particular offense that has been, is being, or is about to be committed,
(ii) except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted,
(iii) a particular description of the type of communications sought to be intercepted,
(iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;
Source
(Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 218
Public Law 90-351 is the District of Columbia Crime Bill
Lyndon B. Johnson: Statement by the President Upon Signing the District of Columbia Crime Bill. http://www.presidency.ucsb.edu/ws/index.php?pid=28644#ixzz1ckPgEFQR
The Omnibus Crime Control and Safe Streets Act of 1968 was approved by the President on June 19, 1968 (Public Law 90-351, 82 Stat. 197]
In the last session of the Congress, I recommended a Safe Streets and Crime Control Act to help local communities meet their local responsibilities in fighting the causes of crime. This measure demands the most urgent attention of the Congress upon its return.
That measure emphasizes what we all know--crime is a local problem.
That is true in the District of Columbia, as in every other city of this land.
The bill before me today has the support of the mayor and the administration of the city of Washington.
I am signing this bill in the belief that their careful attention to all its provisions will assure an effective campaign for the public order.
The Authority of the FBI Public Law 90-351
Full text of "F Manual of Investigative Operation! and Guidelines Volume 2
FBI Manual of Investigative Operations and Guidelines - Volume 2"BI Manual of Investigative Operations and Guidelines - Volume 2
Sensitive
Manual of Investigative Operation! and Guidelines
Part I
SECTION 188. CRIME RESISTANCE
188-1 STATUTES
EFFECTIVE: 11/23/87
188-1.1 Public Law 90-351 (Omnibus Crime Control and Safe Streets
Act of 1968)
"The Director of the FBI is authorized to develop new or
improved approaches, techniques, systems, equipment and devices to
improve and strengthen law enforcement." FBI crime resistance
activities are designed to fulfill the mandate contained in this
Statute.
EFFECTIVE: 11/23/87
188-1.2 Title 28, United States Code, Chapter 33
Title 28 provides fundamental authority for FBI activities
and inherently requires public accountability and responsiveness.
Implicit within the mission of the FBI is a responsibility to provide
guidance to the public with regard to measures which may be used to
achieve reductions in crime.
Definition of law Enforcement Public Law 90-351
INDIAN TRIBES PERFORMING LAW ENFORCEMENT FUNCTIONS
Notice of Determination
SECTION 601(d), title I, of the Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, places a responsibility on the Secretary of the Interior to determine those Indian tribes which perform law enforcement functions.
On March 18, 1969 (34 F.R. 5341), July 7, 1970 (35 F.R. 10917), and February 26, 1971 (36 F.R. 3531), there were published in the FEDERAL REGISTER lists identifying tribes determined by the Secretary to perform full law enforcement functions; however, the interpretation of "law enforcement" as given in section 601(a) means all activities pertaining to crime prevention or reduction and enforcement of the criminal law. The interpretation applied to the Act by the listing of March 18, 1969, as amended, was overly restrictive and could act to deny benefits to tribes which perform some services as defined by section 601(a).
Therefore, the Notice of Determination of March 18, 1969, as amended, is further amended by the addition of a statement following the list of tribes previously determined eligible, which reads as follows:
It is the determination of the Secretary of the Interior that all tribes recognized and serviced by the Bureau of Indian Affairs perform all or a part of "law enforcement" functions as defined in section 601(a).
Effective date. This notice shall be effective upon publication in the FEDERAL REGISTER (7-10-71).
HARRISON LOESCH,
Assistant Secretary of the Interior.
.
Department of Homeland Security
Authorization Public Law 90-351
Department of Homeland Security Appropriations Act, 2004, Public Law 108-90, 6 U.S.C 464d; Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, 42 U.S.C 3771; Implementing Recommendations of the 9/11 Commission Act (9/11 Act), Section 513, Public Law 110-53; The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Public Law 110-329. TITLE 6 USC CHAPTER 1 > § 101
No corresponding parts in CFR- There are no CFR parts for which 6 USC 101 provides authority.
Department of Homeland Security is a District of Columbia Agency
Authority Public Law 90-351
District of Columbia Code
DIVISION I GOVERNMENT OF DISTRICT
TITLE 7 HUMAN HEALTH CARE AND SAFETY
SUBTITLE J PUBLIC SAFETY
§ 7-2202. Homeland Security and Emergency Management Agency authorized; Director and other personnel; compensation [Formerly § 6-1402].
(a) To carry out the purposes of this chapter, the Mayor of the District of Columbia is authorized to establish in the municipal government of such District a Homeland Security and Emergency Management Agency to consist of a Director and such other personnel as may be needed. Such Director shall be the executive head of such Agency..........
http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=2.0&SP=DCC-1000&Action=Welcome