Epstein Files Transparency Act

— 233 — Intelligence Community 19. Michael E. DeVine, “Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions,” Congressional Research Service Report for Members and Committees of Congress No. R45175, updated November 29, 2022, https://sgp.fas.org/crs/intel/R45175.pdf (accessed February 24, 2023). 20. H.R. 2663, Central Intelligence Agency Act of 1949, Public Law No. 81-110, 81st Congress, June 20, 1949, https:// govtrackus.s3.amazonaws.com/legislink/pdf/stat/63/STATUTE-63-Pg208.pdf (accessed March 6, 2023). 21. Nicole Ogrysko, “Intelligence Community Workforce Is More Diverse, but Still Struggles with Retention and Promotion,” Federal News Network, October 27, 2021, https://federalnewsnetwork.com/workforce/2021/10/ intelligence-community-workforce-is-more-diverse-but-still-struggles-with-retention-and-promotion/ (accessed March 18, 2023). 22. See James J. Wirtz, “The Intelligence Policy Nexus,” in Loch K. Johnson, ed., Strategic Intelligence, Volume 1: Understanding the Hidden Side of Government (Westport, CT: Prager, 2007), and Richard K. Betts, “Analysis, War, and Decision: Why Intelligence Failures Are Inevitable,” World Politics, Vol. 30, No. 1 (October 1978), pp. 61–89. 23. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 14, 2023). 24. Joshua Rovner, Fixing the Facts: National Security and the Politics of Intelligence (Ithaca, NY: Cornell University Press, 2011), pp. 30–31. 25. Joshua Rovner, “Is Politicization Ever a Good Thing?” Intelligence and National Security, Vol. 28, No. 1 (2013), p. 58. 26. S. 1566, Foreign Intelligence Surveillance Act of 1978, Public Law No. 95-511, 95th Congress, October 25, 1978, https://www.govinfo.gov/content/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf (accessed March 6, 2023). 27. The Cipher Brief, “702 Reauthorization: Defending a Key Intelligence Tool,” remarks of Benjamin Powell, former General Counsel to the Director of National Intelligence, stating that FISA 702 provides “between 40 and 60 percent” of the intelligence in the PDB, December 18, 2017, https://www.youtube.com/ watch?v=mRJ09GHVRFk&ab_channel=TheCipherBrief (accessed March 18, 2023). 28. An intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the United States. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Five Eyes Intelligence Oversight and Review Council (FIORC),” https://www.dni.gov/index.php/ncsc-how-we- work/217-about/organization/icig-pages/2660-icig-fiorc (accessed March 10, 2023). 29. Porter, “Seven Questions the Next President Will Need the Intelligence Community to Answer to Win the Technology Competition with China.” 30. H.R. 1591, An Act to Require the Registration of Certain Persons Employed by Agencies to Disseminate Propaganda in the United States and for Other Purposes, Public Law No. 75-583, 75th Congress, June 8, 1938, https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/52/STATUTE-52-Pg631.pdf (accessed March 6, 2023). 31. Kristina Wong, “Exclusive: Former DNI John Ratcliffe Pleased CIA Following His Lead on China Threat,” Breitbart, October 13, 2021, https://www.breitbart.com/politics/2021/10/13/exclusive-john-ratcliffe-pleased- cia-following-lead-china-threat/ (accessed March 11, 2023). 32. H.R. 4628, Intelligence Authorization Act for Fiscal Year 2003, Public Law No. 107-306, 107th Congress, November 27, 2002, Title IX, https://www.govinfo.gov/content/pkg/STATUTE-116/pdf/STATUTE-116-Pg2383.pdf (accessed March 6, 2023). 33. President George W. Bush, Executive Order 13354, “National Counterterrorism Center,” August 27, 2004, in Federal Register, Vol. 69, No. 169 (September 1, 2004), pp. 53589–53592, https://www.govinfo.gov/content/ pkg/FR-2004-09-01/pdf/04-20050.pdf (accessed March 6, 2023). 34. Office of the Director of National Intelligence, National Counterintelligence and Security Center, “Who We Are: History of NCSC,” https://www.dni.gov/index.php/ncsc-who-we-are/ncsc-history (accessed March 11, 2023). 35. Gregory F. Treverton and C. Bryan Gabbard, Assessing the Tradecraft of Intelligence Analysis, RAND Corporation, National Security Research Division Technical Report, 2008, p. 6, https://www.rand.org/pubs/ technical_reports/TR293.html (accessed March 1, 2023). — 234 — Mandate for Leadership: The Conservative Promise 36. Letter from Barry A. Zulauf, IC Analytic Ombudsman, Office of the Director of National Intelligence, to Senator Marco Rubio, Acting Chairman, and Senator Mark Warner, Vice Chairman, Select Committee on Intelligence, U.S. Senate, “RE: SSCI #2020-3029,” January 6, 2021, https://int.nyt.com/data/documenttools/ ic-ombudsman-election-interference-with-responses/c50e548011fd6168/full.pdf (accessed March 6, 2023). 37. “Independent IC Analytic Ombudsman’s [Report] on Politicization of Intelligence,” attached to January 6, 2021, Zulauf letter. 38. President Barack Obama, Executive Order 13526, “Classified National Security Information,” December 29, 2009, in Federal Register, Vol. 75, No. 2 (January 5, 2010), pp. 707–731, https://www.govinfo.gov/content/pkg/ FR-2010-01-05/pdf/E9-31418.pdf (accessed March 7, 2023). 39. President Barack Obama, Executive Order 13556, “Controlled Classified Information,” November 4, 2010, in Federal Register, Vol. 75, No. 216 (November 9, 2010), pp. 68675–68677, https://www.govinfo.gov/content/ pkg/FR-2010-11-09/pdf/2010-28360.pdf (accessed March 7, 2023). 40. Agathe Demarais, “How the U.S.–Chinese Technology War Is Changing the World,” Foreign Policy, November 19, 2022, https://foreignpolicy.com/2022/11/19/demarais-backfire-sanctions-us-china-technology-war- semiconductors-export-controls-biden/ (accessed February 28, 2023). 41. Scott Stewart, “The Risk to Undercover Operatives in the Digital Age,” Stratfor Worldview, October 29, 2015, https://worldview.stratfor.com/article/risk-undercover-operatives-digital-age (accessed February 24, 2023). 42. Lauren Pitruzzello, “Human Intelligence: Former CIA Officer Talks About Espionage in the Digital Age, University of Delaware UDaily, March 22, 2012, https://www1.udel.edu/udaily/2012/mar/global-agenda- grenier-032212.html (accessed February 24, 2023). 43. Jenna McLaughlin and Zach Dorfman, “‘Shattered’: Inside the Secret Battle to Save America’s Undercover Spies in the Digital Age,” Yahoo News, December 30, 2019, https://news.yahoo.com/shattered-inside- the-secret-battle-to-save-americas-undercover-spies-in-the-digital-age-100029026.html (accessed February 24, 2023). 44. U.S. Federal Trade Commission, “U.S.–Safe Harbor Framework,” https://www.ftc.gov/business-guidance/ privacy-security/us-eu-safe-harbor-framework (accessed March 11, 2023). 45. “Fact Sheet: Overview of the EU–U.S. Privacy Shield Network,” U.S. Department of Commerce, https://2014-2017.commerce.gov/sites/commerce.gov/files/media/files/2016/eu-us_privacy_shield_fact_ sheet.pdf (accessed March 11, 2023). 46. “Fact Sheet: United States and European Commission Announce Trans-Atlantic Data Privacy Framework,” The White House, March 25, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/25/ fact-sheet-united-states-and-european-commission-announce-trans-atlantic-data-privacy-framework/ (accessed March 11, 2023). 47. President Joseph R. Biden Jr., Executive Order 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,” October 7, 2022, in Federal Register, Vol. 87, No. 198 (October 14, 2022), pp. 62283– 62297, (accessed March 7, 2023). 48. Warren P. Strobel, “Release of Ukraine Intelligence Represents New Front in U.S. Information War with Russia,” The Wall Street Journal, updated April 4, 2022, https://www.wsj.com/articles/release-of-secrets-represents- new-front-in-u-s-information-war-with-russia-11649070001 (accessed February 24, 2023). 49. President Joseph R. Biden Jr., “National Security Memorandum on Promoting United States Leadership in Quantum Computing While Mitigating Risks to Vulnerable Cryptographic Systems,” The White House, May 4, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/04/national-security- memorandum-on-promoting-united-states-leadership-in-quantum-computing-while-mitigating-risks- to-vulnerable-cryptographic-systems/#:~:text=To%20mitigate%20this%20risk%2C%20the%20United%20 States%20must,the%20quantum%20risk%20as%20is%20feasible%20by%202035 (accessed March 12, 2023). See also President Joseph R. Biden Jr., Executive Order 14073, “Enhancing the National Quantum Initiative Advisory Committee,” May 4, 2022, in Federal Register, Vol. 87, No. 89 (May 9, 2022), pp. 27909–27911, https:// www.govinfo.gov/content/pkg/FR-2022-05-09/pdf/2022-10076.pdf (accessed March 12, 2023); and “Fact Sheet: President Biden Announces Two Presidential Directives Advancing Quantum Technologies,” The White House, May 4, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/04/fact- sheet-president-biden-announces-two-presidential-directives-advancing-quantum-technologies/ (accessed March 12, 2023).

— 575 — Department of Justice 22. Editorial Board, “About Those Domestic-Terrorist Parents,” The Wall Street Journal, October 26, 2021, https://www. wsj.com/articles/about-those-domestic-terrorists-national-school-boards-association-merrick-garland-memo- fbi-11635285900 (accessed February 3, 2023); John Malcom, “Are Parents Being Tagged as ‘Domestic Terrorists’ by the FBI? Justice Department Needs to Show Its Cards,” Heritage Foundation Commentary, November 18, 2021, https://www.heritage.org/crime-and-justice/commentary/are-parents-being-tagged-domestic-terrorists-the- fbi-justice (accessed February 3, 2023); Victor Nava, “FBI Treated Twitter as a ‘Subsidiary,’ Flagged Tweets and Accounts for ‘Misinformation,’” New York Post, updated December 16, 2022, https://nypost.com/2022/12/16/fbi- treated-twitter-as-subsidiary-flagged-tweets-for-misinformation/ (accessed February 3, 2023). 23. Mary Margaret Olohan, “DOJ’s Kristen Clarke: A Pro-Abortion Activist Enforcing the Law Against Pro-Lifers,” The Daily Signal, October 26, 2022, https://www.dailysignal.com/2022/10/26/dojs-kristen-clarke-pro- abortion-activist-enforcing-law-pro-lifers/ ; Josh Gerstein, “DOJ Official Pressed on Targeting of Supreme Court Justices,” Politico, July 28, 2022, https://www.politico.com/news/2022/07/28/doj-official-pressed-on- targeting-of-supreme-court-justices-00048506 (accessed February 3, 2023). 24. Solomon, “FBI Email Chain May Provide Most Damning Evidence of FISA Abuses Yet”; Post Editorial Board, “The FBI Knew RussiaGate Was a Lie—But Hid That Truth”; O’Neill, “FBI Pressured Twitter, Sent Trove of Docs Hours Before Post Broke Hunter Laptop Story.” 25. U.S. Department of Justice, Federal Bureau of Investigation, “History: The Nation Calls, 1908–1923,” https:// www.fbi.gov/history/brief-history/the-nation-calls (accessed February 3, 2023). 26. Press release, “FBI and Law Enforcement Partners Arrest Nearly 6,000 Violent Criminals This Summer,” U.S. Department of Justice, Federal Bureau of Investigation, September 13, 2022, https://www.fbi.gov/news/ press-releases/press-releases/fbi-and-law-enforcement-partners-arrest-nearly-6000-violent-criminals-this- summer (accessed February 3, 2023). 27. See, for example, Joseph Goldstein, “As Seen in ‘Goodfellas’: Arrest Is Made in ’78 Lufthansa Robbery,” The New York Times, January 23, 2014, https://www.nytimes.com/2014/01/24/nyregion/arrests-in-cold-case- investigation-including-78-lufthansa-heist.html (accessed February 3, 2023). 28. Danielle Wallace, “FBI Nationwide Operation Locates 121 Actively Missing Kids, Child Sex Trafficking Victims,” Fox News, August 15, 2022, https://www.foxnews.com/us/fbi-nationwide-operation-locates-actively-missing- kids-child-sex-trafficking-victims (accessed February 3, 2023). 29. Adam Shaw, “FBI Stepped in After Suspected Chinese Spy Got Close to Swalwell, Other Politicians, Report Finds,” Fox News, December 8, 2020, https://www.foxnews.com/politics/fbi-chinese-spy-swalwell-other- politicians (accessed February 3, 2023). 30. The precise scope and contours of this review warrant special consideration. A review of all ongoing drug trafficking investigations or specific violent crime investigations may not warrant the department’s attention in the same way as high-profile, politically sensitive investigations likely will. Nevertheless, the goal should be as comprehensive a review as possible. 31. 28 U.S. Code § 531, https://www.law.cornell.edu/uscode/text/28/531 (accessed February 3, 2023). Emphasis added. 32. The same could be said to apply to the Bureau of Alcohol, Tobacco, and Firearms and potentially to the U.S. Marshals Service, although the USMS’s mission protecting the federal courts could present compelling reasons why the department should maintain it as a direct report to the Deputy Attorney General. 33. See, for example, Alexander Hamilton, The Federalist Papers No. 1, October 27, 1787, https://founders.archives. gov/documents/Hamilton/01-04-02-0152 (accessed February 3, 2023). 34. An argument could also be made that the upper echelons of the FBI’s leadership should physically relocate back to the Robert F. Kennedy building to ensure proper accountability and to emphasize organizational reality: The FBI is a component of the department, not its equal, as outlined above. 35. U.S. Department of Justice, Office of the Inspector General, Audit of the Roles and Responsibilities of the Federal Bureau of Investigation’s Office of the General Counsel in National Security Matters, Report No. 22-116, September 2022, https://oig.justice.gov/sites/default/files/reports/22-116.pdf (accessed February 3, 2023). 36. S. 2212, Crime Control Act of 1976, Public Law No. 94-503, October 15, 1976, § 203, 90 Stat. 2427 (codified as amended at 28 U.S. Code § 532), https://www.congress.gov/94/statute/STATUTE-90/STATUTE-90-Pg2407. pdf (accessed February 3, 2023). 37. See “Enhancing Federal Focus and Resources in Jurisdictions with Rule-of-Law Deficiencies,” infra. — 576 — Mandate for Leadership: The Conservative Promise 38. Garland Memorandum, October 4, 2021; press release, “America First Legal Seeks Two Federal Investigations on Attorney General Merrick Garland’s Infamous Oct. 4th Memo Siccing the FBI on Concerned Parents,” America First Legal Foundation, March 14, 2022, https://aflegal.org/america-first-legal-seeks-two-federal- investigations-on-attorney-general-merrick-garlands-infamous-oct-4th-memo-siccing-the-fbi-on-concerned- parents/ (accessed February 3, 2023). 39. Luke Rosiak, “In Aftermath of Enemies List, School Committee Pledges to ‘Silence the Opposition,’” Daily Wire, March 27, 2021, https://www.dailywire.com/news/after-enemies-list-school-body-pledges-to-silence-the- opposition (accessed February 3, 2023). 40. The language of the Equal Protection Clause “reflects that ‘achieving equal protection against lawbreakers was at the core of the Clause’s objectives.’” Lefebure v. D’Aquilla, 15 F.4th 650, 669 (5th Cir. 2021) (Graves, J. dissenting) (quoting Lawrence Rosenthal, “Policing and Equal Protection,” Yale Law & Policy Review, Vol. 21, No. 53 (2003), p. 70) cert. denied, 212 L. Ed. 2d 791, 142 S. Ct. 2732 (2022)), https://casetext.com/case/ lefebure-v-daquilla-2 (accessed February 3, 2023). 41. See, for example, Portland Mayor Ted Wheeler’s actions in 2020 calling on federal officials—executing their mission to protect federal property and officials—to leave the city, saying, “They’re not wanted here” despite the fact that local reports found that “[o]ut of more than a thousand arrests reported by the Portland Police Bureau and other local law enforcement since late May 2020, only about 8.4% of the cases are still open” and that the “rest have been dismissed or listed as no complaint, which means authorities are not currently pursuing charges.” BBC News, “Portland Protests: Mayor Demands Federal Officers Leave City,” July 20, 2020, https://www.bbc.com/news/world-us-canada-53466718 (accessed February 3, 2023), and Hannah Lambert, “91% of Portland Protest Arrests Not Being Prosecuted,” Portland Tribune, January 5, 2021, https://archive.ph/ OSDbz (accessed February 3,2023). 42. Figure 4, “Trend in Average Guideline Minimum and Average Sentence Imposed for Armed Career Criminals Fiscal Years 2010–2019,” in U.S. Sentencing Commission, Federal Armed Career Criminals: Prevalence, Patterns, and Pathways, March 2021, p. 26, https://www.ussc.gov/sites/default/files/pdf/research-and-publications/ research-publications/2021/20210303_ACCA-Report.pdf (accessed February 3, 2023). 43. 18 U.S. Code § 924(e), https://www.law.cornell.edu/uscode/text/18/924 (accessed February 3, 2023). 44. S. 1586, Restoring the Armed Career Criminal Act, 117th Congress, introduced May 12, 2021, https://www. congress.gov/bill/117th-congress/senate-bill/1586 (accessed February 6, 2023). 45. This could require seeking the Supreme Court to overrule Kennedy v. Louisiana, 554 U.S. 407 (2008), in applicable cases, but the department should place a priority on doing so. 46. 21 U.S. Code § 801 et seq., https://www.law.cornell.edu/uscode/text/21/chapter-13/subchapter-I/part-A (accessed February 3, 2023). 47. 18 U.S. Code §§ 1961–1968, https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96 (accessed February 3, 2023). 48. For more on this topic generally, see “Ensuring Enforcement and Administration of Our Immigration Laws,” infra. 49. See Paul J. Larkin, “Twenty-First Century Illicit Drugs and Their Discontents: The Scourge of Illicit Fentanyl,” Heritage Foundation Legal Memorandum No. 313, November 1, 2022), https://www.heritage.org/sites/default/ files/2022-11/LM313.pdf. 50. Jessica Rendall, “100,000 People Died from Drug Overdoses in the US in One Year, a Record,” CNET, November 18, 2021, https://www.cnet.com/health/medical/100000-people-died-from-drug-overdoses-in- the-us-in-one-year-a-record/ (accessed February 3, 2023). 51. U.S. Department of Justice, National Security Division, “Information About the Department of Justice’s China Initiative and a Compilation of China-Related Prosecutions Since 2018,” last updated November 19, 2021, https://www.justice.gov/archives/nsd/information-about-department-justice-s-china-initiative-and- compilation-china-related (accessed February 3, 2023). 52. Ronn Blitzer and Jake Gibson, “Biden DOJ Ending National Security Initiative Aimed at Countering China amid Complaints About Bias,” Fox News, February 23, 2022, https://www.foxnews.com/politics/doj-ending-china- initiative-national-security-program-bias (accessed February 3, 2023). 53. National Security Strategy, The White House, October 2022, p. 23, https://www.whitehouse.gov/wp-content/ uploads/2022/10/Biden-Harris-Administrations-National-Security-Strategy-10.2022.pdf (accessed February 3, 2023). See also ibid., p. 8.

— 575 — Department of Justice 22. Editorial Board, “About Those Domestic-Terrorist Parents,” The Wall Street Journal, October 26, 2021, https://www. wsj.com/articles/about-those-domestic-terrorists-national-school-boards-association-merrick-garland-memo- fbi-11635285900 (accessed February 3, 2023); John Malcom, “Are Parents Being Tagged as ‘Domestic Terrorists’ by the FBI? Justice Department Needs to Show Its Cards,” Heritage Foundation Commentary, November 18, 2021, https://www.heritage.org/crime-and-justice/commentary/are-parents-being-tagged-domestic-terrorists-the- fbi-justice (accessed February 3, 2023); Victor Nava, “FBI Treated Twitter as a ‘Subsidiary,’ Flagged Tweets and Accounts for ‘Misinformation,’” New York Post, updated December 16, 2022, https://nypost.com/2022/12/16/fbi- treated-twitter-as-subsidiary-flagged-tweets-for-misinformation/ (accessed February 3, 2023). 23. Mary Margaret Olohan, “DOJ’s Kristen Clarke: A Pro-Abortion Activist Enforcing the Law Against Pro-Lifers,” The Daily Signal, October 26, 2022, https://www.dailysignal.com/2022/10/26/dojs-kristen-clarke-pro- abortion-activist-enforcing-law-pro-lifers/ ; Josh Gerstein, “DOJ Official Pressed on Targeting of Supreme Court Justices,” Politico, July 28, 2022, https://www.politico.com/news/2022/07/28/doj-official-pressed-on- targeting-of-supreme-court-justices-00048506 (accessed February 3, 2023). 24. Solomon, “FBI Email Chain May Provide Most Damning Evidence of FISA Abuses Yet”; Post Editorial Board, “The FBI Knew RussiaGate Was a Lie—But Hid That Truth”; O’Neill, “FBI Pressured Twitter, Sent Trove of Docs Hours Before Post Broke Hunter Laptop Story.” 25. U.S. Department of Justice, Federal Bureau of Investigation, “History: The Nation Calls, 1908–1923,” https:// www.fbi.gov/history/brief-history/the-nation-calls (accessed February 3, 2023). 26. Press release, “FBI and Law Enforcement Partners Arrest Nearly 6,000 Violent Criminals This Summer,” U.S. Department of Justice, Federal Bureau of Investigation, September 13, 2022, https://www.fbi.gov/news/ press-releases/press-releases/fbi-and-law-enforcement-partners-arrest-nearly-6000-violent-criminals-this- summer (accessed February 3, 2023). 27. See, for example, Joseph Goldstein, “As Seen in ‘Goodfellas’: Arrest Is Made in ’78 Lufthansa Robbery,” The New York Times, January 23, 2014, https://www.nytimes.com/2014/01/24/nyregion/arrests-in-cold-case- investigation-including-78-lufthansa-heist.html (accessed February 3, 2023). 28. Danielle Wallace, “FBI Nationwide Operation Locates 121 Actively Missing Kids, Child Sex Trafficking Victims,” Fox News, August 15, 2022, https://www.foxnews.com/us/fbi-nationwide-operation-locates-actively-missing- kids-child-sex-trafficking-victims (accessed February 3, 2023). 29. Adam Shaw, “FBI Stepped in After Suspected Chinese Spy Got Close to Swalwell, Other Politicians, Report Finds,” Fox News, December 8, 2020, https://www.foxnews.com/politics/fbi-chinese-spy-swalwell-other- politicians (accessed February 3, 2023). 30. The precise scope and contours of this review warrant special consideration. A review of all ongoing drug trafficking investigations or specific violent crime investigations may not warrant the department’s attention in the same way as high-profile, politically sensitive investigations likely will. Nevertheless, the goal should be as comprehensive a review as possible. 31. 28 U.S. Code § 531, https://www.law.cornell.edu/uscode/text/28/531 (accessed February 3, 2023). Emphasis added. 32. The same could be said to apply to the Bureau of Alcohol, Tobacco, and Firearms and potentially to the U.S. Marshals Service, although the USMS’s mission protecting the federal courts could present compelling reasons why the department should maintain it as a direct report to the Deputy Attorney General. 33. See, for example, Alexander Hamilton, The Federalist Papers No. 1, October 27, 1787, https://founders.archives. gov/documents/Hamilton/01-04-02-0152 (accessed February 3, 2023). 34. An argument could also be made that the upper echelons of the FBI’s leadership should physically relocate back to the Robert F. Kennedy building to ensure proper accountability and to emphasize organizational reality: The FBI is a component of the department, not its equal, as outlined above. 35. U.S. Department of Justice, Office of the Inspector General, Audit of the Roles and Responsibilities of the Federal Bureau of Investigation’s Office of the General Counsel in National Security Matters, Report No. 22-116, September 2022, https://oig.justice.gov/sites/default/files/reports/22-116.pdf (accessed February 3, 2023). 36. S. 2212, Crime Control Act of 1976, Public Law No. 94-503, October 15, 1976, § 203, 90 Stat. 2427 (codified as amended at 28 U.S. Code § 532), https://www.congress.gov/94/statute/STATUTE-90/STATUTE-90-Pg2407. pdf (accessed February 3, 2023). 37. See “Enhancing Federal Focus and Resources in Jurisdictions with Rule-of-Law Deficiencies,” infra.