Office of the Attorney General; National Security Division, 10064-10070 [E7-3755]
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations
one attorney to serve as legal advisor to
the Board.
(7) At the conclusion of its review of
the case, the Board shall make a written
recommendation either to grant or to
deny the waiver application. The
written recommendation of a majority of
the Board shall constitute the
recommendation of the Board. Such
recommendation shall be promptly
transmitted by the Chairman to the
Chief, Waiver Review Division.
(8) At the conclusion of its review of
the case, the Board shall make a written
recommendation either to grant or to
deny the waiver application. The
written recommendation of a majority of
the Board shall constitute the
recommendation of the Board. Such
recommendation shall be promptly
transmitted by the Chairman to the
Chief, Waiver Review Division.
Dated: February 23, 2007.
Maura Harty,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. E7–3871 Filed 3–6–07; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF JUSTICE
28 CFR Parts 0, 5, 12, 17, 65, and 73
[Docket No. NSD 100; AG Order No. 2865–
2007]
Office of the Attorney General;
National Security Division
Department of Justice.
Final rule.
AGENCY:
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ACTION:
SUMMARY: This rule amends part 0 of
title 28 of the Code of Federal
Regulations to reflect the establishment
of the National Security Division at the
Department of Justice. The National
Security Division was created by section
506 of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (‘‘the
Act’’). This rule, which sets forth the
Division’s organization, mission and
functions, amends the Code of Federal
Regulations in order to conform the
Department’s regulations to the Act and
to reflect accurately the Department’s
internal management structure.
This rule also amends the
Department’s regulations in title 28
other than in part 0 to make
nomenclature and organizational
changes reflecting the establishment of
the National Security Division.
DATES: Effective Date: March 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Jessie Liu, National Security Division,
U.S. Department of Justice, Washington,
DC 20530; Telephone (202) 514–1057.
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On March
9, 2006, the President signed the USA
PATRIOT Improvement and
Reauthorization Act of 2005 (‘‘the Act’’),
Public Law 109–277 (120 Stat. 192).
Section 506 of the Act created a new
National Security Division (NSD) in the
Department of Justice. This rule
conforms the Department’s regulations
to the Act and sets forth the new
Division’s organization, mission, and
functions.
This rule reflects the establishment of
the NSD, reporting to the Deputy
Attorney General, by consolidating the
resources of the Office of Intelligence
Policy and Review (OIPR) and the
Criminal Division’s Counterterrorism
and Counterespionage Sections. These
organizational changes will strengthen
the Department’s efforts to combat
terrorism and other threats to national
security.
Consolidating OIPR and the Criminal
Division’s Counterterrorism and
Counterespionage Sections under the
NSD will ensure greater coordination
and unity of purpose among the
Department’s primary organizational
units that handle core national security
matters. These changes will allow the
Department to maximize the
effectiveness of prosecutors handling
cases in the core national security fields
of counterterrorism and
counterespionage, who will continue to
carry out the same critical functions
they handle today. The NSD will be
positioned to coordinate all related
Department resources and ensure that
critical information is shared as
appropriate across the Department and
the Executive Branch.
The mission of the NSD is to
coordinate the Department’s efforts in
carrying out its core mission of
combating terrorism and protecting
national security. Among the major
functions the NSD will perform are the
following:
• Develop, enforce, and supervise the
application of all federal criminal laws
related to the national counterterrorism
and counterespionage enforcement
programs, except those specifically
assigned to other Divisions;
• Prosecute and coordinate a wide
range of criminal prosecutions and
investigations targeting individuals and
organizations involving terrorist acts at
home or against U.S. persons or
interests abroad or that assist in the
financing of or providing support to
those acts;
• Administer the Foreign Intelligence
Surveillance Act;
• Supervise sensitive areas of law
enforcement related to the activities of
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the National Security Division, except
tasks assigned to other Divisions;
• Advise, assist, coordinate with, and
train those in the law enforcement
community, including federal, state, and
local prosecutors, investigative agencies
and foreign criminal justice entities
(provided that any training of foreign
criminal justice entities should be
conducted in coordination with the
Criminal Division), in matters related to
the Division’s activities;
• Advise the Attorney General, the
Office of Management and Budget, and
the White House on matters relating to
the national security activities of the
United States; and
• Through the Assistant Attorney
General for National Security, serve as
the Department of Justice’s primary
liaison to the Director of National
Intelligence.
This rule also makes further
amendments to the Department’s
regulations in title 28 other than in part
0 in order to make nomenclature and
organizational changes reflecting the
establishment of the NSD. Generally, the
changes involve either adding the NSD
to the list of the Department’s
components or substituting the NSD in
place of either the Criminal Division or
the Office of Intelligence Policy and
Review. In some instances, the Assistant
Attorney General for National Security
is substituted for the Assistant Attorney
General, Criminal Division or for the
Counsel for Intelligence Policy, as
appropriate.
This rule only makes changes to the
Department’s internal organization and
structure and does not affect the rights
or obligations of the general public.
Administrative Procedure Act—5
U.S.C. 553
This rule is a rule of agency
organization and relates to a matter
relating to agency management and is
therefore exempt from the requirements
of prior notice and comment and a 30day delay in the effective date. See 5
U.S.C. 553(a)(2), 553(b)(3)(A).
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies
that this regulation will not have a
significant economic impact on a
substantial number of small entities
because it pertains to personnel and
administrative matters affecting the
Department. Further, a Regulatory
Flexibility Analysis was not required to
be prepared for this final rule because
the Department was not required to
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publish a general notice of proposed
rulemaking for this matter.
Executive Order 12866—Regulatory
Planning and Review
This action has been drafted and
reviewed in accordance with Executive
Order 12866, Regulatory Planning and
Review, section 1(b), Principles of
Regulation. This rule is limited to
agency organization, management, and
personnel as described by section
3(d)(3) of that order and, therefore, is
not a ‘‘regulation’’ or ‘‘rule’’ as defined
by the order. Accordingly, this action
has not been reviewed by the Office of
Management and Budget.
Executive Order 13132—Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 12612,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Executive Order 12988—Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of
1955
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
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Congressional Review Act
This action pertains to agency
management, personnel, and
organizations and does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
List of Subjects
28 CFR Part 0
Authority delegations (Government
agencies), Counterterrorism, Crime,
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Government employees, Law
enforcement, National security
information, Organization and functions
(Government agencies), Privacy,
Reporting and recordkeeping
requirements, Terrorism,
Whistleblowing.
agencies)’’ and add in its place the title
‘‘Office of Justice Programs (and related
agencies)’’.
I g. In the list of Bureaus, remove the
title ‘‘Immigration and Naturalization
Service’’.
28 CFR Part 5
Subpart F–1—[Removed and
Reserved]
Aliens, Foreign relations, Reporting
and recordkeeping requirements,
Security measures.
I
28 CFR Part 12
Crime, Foreign relations, Reporting
and recordkeeping requirements,
Security measures.
28 CFR Part 17
Classified information, Foreign
relations.
28 CFR Part 65
Grant Programs-law, Law
enforcement, Emergency assistance,
Reporting and recordkeeping
requirements.
28 CFR Part 73
Foreign relations, Security measures.
Accordingly, by virtue of the authority
vested in me as Attorney General,
including 5 U.S.C. 301 and 28 U.S.C.
509 and 510, title 28 of the Code of
Federal Regulations is amended as
follows:
I
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for part 0
continues to read as follows:
I
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
§ 0.1
[Amended]
2. Amend § 0.1 as follows:
a. In the list of Offices, remove the
title ‘‘Office of Intelligence and Policy
Review’’.
I b. In the list of Offices, add the title
‘‘Executive Office for Immigration
Review’’ after the entry ‘‘Community
Relations Service’’.
I c. In the list of Offices, add the title
‘‘Professional Responsibility Advisory
Office’’ at the end of the list.
I d. In the list of Divisions, remove the
title ‘‘Land and Natural Resources
Division’’ and add in its place the title
‘‘Environment and Natural Resources
Division’’.
I e. In the list of Divisions, add after the
newly-renamed entry ‘‘Land and
Natural Resources Division’’ the title
‘‘National Security Division’’.
I f. In the list of Bureaus, remove the
title ‘‘Office of Justice Assistance,
Research and Statistics (and related
I
I
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3. Remove and reserve subpart F–1.
4. Revise paragraph (i) of § 0.55 to
read as follows:
I
§ 0.55
General functions.
*
*
*
*
*
(i) All civil proceedings seeking
exclusively equitable relief against
Criminal Division activities including
criminal investigations, prosecutions,
and other criminal justice activities
(including without limitation,
applications for writs of coram nobis
and writs of habeas corpus not
challenging exclusion, deportation, or
detention under the immigration laws),
except that any proceeding may be
conducted, handled, or supervised by
the Assistant Attorney General for
National Security or another Division by
agreement between the head of such
Division and the Assistant Attorney
General, Criminal Division.
*
*
*
*
*
§§ 0.61, 0.62, and 0.64
Reserved]
[Removed and
5. Remove and reserve §§ 0.61, 0.62,
and 0.64.
I
I
6. Revise § 0.64–1 to read as follows:
§ 0.64–1 Central or Competent Authority
under treaties and executive agreements on
mutual assistance in criminal matters.
The Assistant Attorney General,
Criminal Division, in consultation with
the Assistant Attorney General for
National Security in matters related to
the National Security Division’s
activities, shall have the authority and
perform the functions of the ‘‘Central
Authority’’ or ‘‘Competent Authority’’
(or like designation) under treaties and
executive agreements between the
United States of America and other
countries on mutual assistance in
criminal matters that designate the
Attorney General or the Department of
Justice as such authority. The Assistant
Attorney General, Criminal Division, is
authorized to re-delegate this authority
to the Deputy Assistant Attorneys
General, Criminal Division, and to the
Director and Deputy Directors of the
Office of International Affairs, Criminal
Division.
I
7. Revise § 0.64–2 to read as follows:
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§ 0.64–2 Delegation respecting transfer of
offenders to or from foreign countries.
The Assistant Attorney General,
Criminal Division, in consultation with
the Assistant Attorney General for
National Security in matters related to
the National Security Division’s
activities, is authorized to exercise all of
the power and authority vested in the
Attorney General under 18 U.S.C. 4102
that has not been delegated to the
Director of the Bureau of Prisons under
28 CFR 0.96b, including specifically the
authority to find appropriate or
inappropriate the transfer of offenders to
or from a foreign country under a treaty
as referred to in Public Law 95–144. The
Assistant Attorney General, Criminal
Division is authorized to redelegate this
authority within the Criminal Division
to the Deputy Assistant Attorneys
General, the Director of the Office of
Enforcement Operations, and the Senior
Associate Director and Associate
Directors of the Office of Enforcement
Operations.
I 8. Revise § 0.64–4 to read as follows:
§ 0.64–4 Delegation respecting temporary
transfers, in custody, of certain prisonerwitnesses from a foreign country to the
United States to testify in Federal or State
criminal proceedings.
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The Assistant Attorney General,
Criminal Division, in consultation with
the Assistant Attorney General for
National Security in matters related to
the National Security Division’s
activities, is authorized to exercise all of
the power and authority vested in the
Attorney General under 18 U.S.C. 3508
that has not been delegated to the
Director of the United States Marshals
Service under 28 CFR 0.111a, including
specifically the authority to determine
whether and under what circumstances
temporary transfer of a prisoner-witness
to the United States is appropriate or
inappropriate; to determine the point at
which the witness should be returned to
the transferring country; and to enter
into appropriate agreements with the
transferring country regarding the terms
and conditions of the transfer. The
Assistant Attorney General, Criminal
Division is authorized to redelegate this
authority within the Criminal Division
to the Deputy Assistant Attorneys
General and to the Director and Deputy
Directors of the Office of International
Affairs.
I 9. Revise § 0.64–5 to read as follows:
§ 0.64–5 Policy with regard to bringing
charges under the Economic Espionage Act
of 1996, Pub. L. 104–294, effective October
11, 1996.
The United States may not file a
charge under 18 U.S.C. 1831 of the
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Economic Espionage Act of 1996 (the
‘‘EEA’’) (18 U.S.C. 1831 et seq.), or use
a violation under section 1831 of the
EEA as a predicate offense under any
other law, without the personal
approval of the Attorney General, the
Deputy Attorney General, the Assistant
Attorney General for National Security,
or the Assistant Attorney General,
Criminal Division (or the Acting official
in each of these positions if a position
is filled by an Acting official).
Violations of this regulation are
appropriately sanctionable and will be
reported by the Attorney General to the
Senate and House Judiciary Committees.
Responsibility for reviewing proposed
charges under section 1831 of the EEA
rests with the Counterespionage Section
of the National Security Division, which
will consult, as necessary, with the
Computer Crime and Intellectual
Property Section of the Criminal
Division. This regulation shall remain in
effect until October 11, 2011.
I 10. Redesignate subpart M as subpart
L and revise the subpart heading to read
as follows:
Subpart L—Environment and Natural
Resources Division
11. Redesignate subpart N as subpart
M.
I 12. Add a new subpart N consisting of
§ 0.72 to read as follows:
I
Subpart N—National Security Division
§ 0.72
National Security Division.
The following functions are assigned
to and shall be conducted, handled, or
supervised by the Assistant Attorney
General for National Security:
(a) General functions.
(1) Advise the Attorney General, the
Office of Management and Budget, and
the White House, and brief Congress, as
appropriate, on matters relating to the
national security activities of the United
States, and ensure that all of the
Department’s national security activities
are effectively coordinated;
(2) Develop, enforce, and supervise
the application of all federal criminal
laws related to the national
counterterrorism and counterespionage
enforcement programs, except those
specifically assigned to other Divisions;
(3) Represent the Department on
interdepartmental boards, committees,
and other groups dealing with national
security, intelligence, or
counterintelligence matters;
(4) Oversee the development,
coordination, and implementation of
Department policy, in conjunction with
other components of the Department as
appropriate, with regard to intelligence,
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counterintelligence, or national security
matters;
(5) Provide legal assistance and
advice, in coordination with the Office
of Legal Counsel as appropriate, to
Government agencies on matters of
national security law and policy;
(6) Administer the Foreign
Intelligence Surveillance Act;
(7) Prosecute Federal crimes involving
national security, foreign relations, and
terrorism, and coordinate the
Department’s activities and advice on
all issues with respect to the Foreign
Intelligence Surveillance Act of 1978, as
amended, and the Classified
Information Procedures Act arising in
connection with any such prosecutions;
(8) Prosecute and coordinate
prosecutions and investigations
targeting individuals and organizations
involved in terrorist acts at home or
against U.S. persons or interests abroad,
or that assist in the financing of or
providing support to those acts;
(9) Except in the case of emergencies
where there is an immediate threat to
life or property, review for concurrence
the Department’s use of criminal
proceedings in connection with all
matters relating to intelligence,
counterintelligence, or counterterrorism.
Such criminal proceedings include, but
are not limited to, grand jury
proceedings, the filing of search and
arrest warrants or applications for
electronic surveillance pursuant to 18
U.S.C. 2510 et seq. and 18 U.S.C. 2701
et seq., the filing of complaints, the
return of indictments, criminal
forfeiture proceedings, and appeals;
(10) Evaluate Departmental activities
and existing and proposed domestic and
foreign intelligence, counterintelligence,
or national security activities to
determine their consistency with United
States national security policies and
law;
(11) Formulate policy alternatives and
recommend action by the Department
and other executive agencies in
achieving lawful United States
intelligence, counterintelligence, or
national security objectives;
(12) Analyze and interpret current
statutes, executive orders, guidelines,
and other directives pertaining to
intelligence, counterintelligence, or
national security matters;
(13) Formulate legislative initiatives,
policies, and guidelines relating to
intelligence, counterintelligence, or
national security matters;
(14) Review and comment upon
proposed statutes, guidelines, and other
directives with regard to national
security matters, and, in conjunction
with the Office of Legal Counsel, review
and comment upon the form and
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legality of proposed executive orders
that touch upon matters related to the
function of this Division;
(15) Provide training for Departmental
components on legal topics related to
intelligence, counterintelligence, or
national security matters;
(16) Advise, assist, coordinate with,
and train those in the law enforcement
community, including federal, state, and
local prosecutors, investigative agencies,
and foreign criminal justice entities
(provided that any training of foreign
criminal justice entities should be
conducted in coordination with the
Criminal Division);
(17) Provide oversight of intelligence,
counterintelligence, or national security
matters by executive branch agencies to
ensure conformity with applicable law,
executive branch regulations, and
Departmental objectives and report to
the Attorney General on such activities;
(18) Supervise the preparation of the
National Security Division’s submission
for the annual budget;
(19) Serve as primary liaison to the
Director of National Intelligence for the
Department of Justice;
(20) Represent the Department on the
Committee on Foreign Investments in
the United States; and
(21) Perform other duties pertaining to
intelligence, counterintelligence,
counterterrorism, or national security
matters as may be assigned by the
Attorney General or the Deputy
Attorney General.
(b) Functions related to intelligence
policy and operations.
(1) Advise and assist the Attorney
General in carrying out his
responsibilities under Executive Order
12333, ‘‘United States Intelligence
Activities,’’ and other statutes, executive
orders, and authorities related to
intelligence, counterintelligence, or
national security matters;
(2) Supervise the preparation of
certifications and applications for orders
under the Foreign Intelligence
Surveillance Act of 1978, as amended,
and the representation of the United
States before the United States Foreign
Intelligence Surveillance Court and the
United States Foreign Intelligence Court
of Review;
(3) Participate in the development,
implementation, and review of United
States intelligence, counterintelligence,
and national security policies, including
procedures for the conduct of
intelligence, counterintelligence, or
national security activities;
(4) Supervise sensitive areas of law
enforcement related to the activities of
the National Security Division, except
for tasks assigned to other Divisions;
and
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(5) Recommend action by the
Department of Justice with regard to
applications under the Foreign
Intelligence Surveillance Act of 1978, as
amended, as well as with regard to other
investigative activities by executive
branch agencies; and
(6) To the extent deemed appropriate
by the Assistant Attorney General for
National Security, prepare periodic and
special intelligence reports describing
and evaluating domestic and foreign
intelligence and counterintelligence
activities and assessing trends or
changes in these activities.
(c) Functions related to
counterterrorism.
(1) Participate in the systematic
collection and analysis of data and
information relating to the investigation
and prosecution of terrorism cases;
(2) Coordinate with Government
departments and agencies to facilitate
prevention of terrorist activity through
daily detection and analysis and to
provide information and support to the
Offices of the United States Attorneys;
(3) Prosecute matters involving
counterterrorism;
(4) Prosecute terrorist financing
matters, including material support
cases, through the Division’s
counterterrorism programs;
(5) Formulate legislative initiatives,
policies, and guidelines relating to
terrorism;
(6) Prosecute matters involving
torture, genocide, and war crimes to the
extent such matters involve the
activities of the National Security
Division;
(7) Assist in the foreign terrorist
organization designation process with
the Department of State, the Department
of the Treasury, and the components of
the Department of Justice; and
(8) Provide legal advice to attorneys
for the Government concerning federal
national security statutes, including but
not limited to: aircraft piracy and
related offenses (49 U.S.C. 46501–07);
aircraft sabotage (18 U.S.C. 32); crimes
against internationally protected
persons (18 U.S.C. 112, 878, 1116,
1201(a)(4)); sea piracy (18 U.S.C. 1651);
hostage taking (18 U.S.C. 1203); terrorist
acts abroad, including murder, against
United States nationals (18 U.S.C. 2332);
acts of terrorism transcending national
boundaries (18 U.S.C. 2332b);
conspiracy within the United States to
murder, kidnap, or maim persons or to
damage property overseas (18 U.S.C.
956); providing material support to
terrorists and terrorist organizations (18
U.S.C. 2339A, 2339B, 2339C); and using
biological, nuclear, chemical or other
weapons of mass destruction (18 U.S.C.
175, 831, 2332c, 2332a).
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(d) Functions related to internal
security.
(1) Enforcement of all criminal laws
relating to subversive activities and
kindred offenses directed against the
internal security of the United States,
including the laws relating to treason,
sabotage, espionage, and sedition;
enforcement of the Foreign Assets
Control Regulations issued under the
Trading With the Enemy Act (31 CFR
500.101 et seq.); criminal prosecutions
under the Atomic Energy Act of 1954,
the Smith Act, the neutrality laws, the
Arms Export Control Act, the Federal
Aviation Act of 1958 (49 U.S.C. 1523)
relating to offenses involving the
security control of air traffic, and 18
U.S.C. 799 and criminal prosecutions
for offenses, such as perjury and false
statements, arising out of offenses
relating to national security;
(2) Administration and enforcement
of the Foreign Agents Registration Act of
1938, as amended; the Act of August 1,
1956, 70 Stat. 899 (50 U.S.C. 851–857),
including the determination in writing
that the registration of any person
coming within the purview of that Act
would not be in the interest of national
security; and the Voorhis Act (18 U.S.C.
2386);
(3) Administration and enforcement
of the Internal Security Act of 1950, as
amended;
(4) Conduct of civil proceedings
seeking exclusively equitable relief
against laws, investigations or
administrative actions designed to
protect the national security (including
without limitation personnel security
programs and the foreign assets control
program);
(5) Interpretation of Executive Order
10450 of April 27, 1953, as amended,
and advising other departments and
agencies in connection with the
administration of the federal employees
security program, including the
designation of organizations as required
by the order; the interpretation of
Executive Order 10501 of November 5,
1953, as amended, and of regulations
issued thereunder in accordance with
section 11 of that order; and the
interpretation of Executive Order 10865
of February 20, 1960;
(6) Conduct of libels and civil penalty
actions (including petitions for
remission or mitigation of civil penalties
and forfeitures, offers in compromise
and related proceedings) arising out of
violations of the Trading with the
Enemy Act, the neutrality statutes, and
the Arms Export Control Act;
(7) Enforcement and administration of
the provisions of 2 U.S.C. 441e, relating
to contributions by foreign nationals;
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(8) Enforcement and administration of
the provisions of 18 U.S.C. 219, relating
to officers and employees of the United
States acting as agents of foreign
principals; and
(9) Enforcement and administration of
criminal matters arising under the
Military Selective Service Act of 1967.
(e) Relationship to other offices.
Nothing in this subpart shall be
construed as affecting the functions or
overriding the authority of the Office of
Legal Counsel as established by 28 CFR
0.25.
I 13. Revise § 0.175(a) to read as
follows:
§ 0.175 Judicial and administrative
proceedings.
(a) When the subject matter of a case
or proceeding is within his or her
respective jurisdiction, the Assistant
Attorney General, Criminal Division, the
Assistant Attorney General for National
Security, or any Deputy Assistant
Attorney General, Criminal Division or
of the National Security Division is
authorized to exercise the authority
vested in the Attorney General by 18
U.S.C. 6003, to approve the application
of a U.S. Attorney to a federal court for
an order compelling testimony or the
production of information by a witness
in any proceeding before or ancillary to
a court or grand jury of the United
States, and the authority vested in the
Attorney General by 18 U.S.C. 6004, to
approve the issuance by an agency of
the United States of an order compelling
testimony or the production of
information by a witness in a
proceeding before the agency, when the
subject matter of the case or proceeding
is either within the cognizance of the
Assistant Attorney General, Criminal
Division, the Assistant Attorney General
for National Security, or is not within
the cognizance of the Divisions or
Administration designated in
paragraphs (b) and (c) of this section.
*
*
*
*
*
PART 5—ADMINISTRATION AND
ENFORCEMENT OF FOREIGN AGENTS
REGISTRATION ACT OF 1938, AS
AMENDED
14. The authority citation for part 5
continues to read as follows:
I
sroberts on PROD1PC70 with RULES
Authority: 28 U.S.C. 509, 510; Section 1,
56 Stat. 248, 257 (22 U.S.C. 620); title I, Pub.
L. 102–395, 106 Stat. 1828, 1831 (22 U.S.C.
612 note).
I
15. Revise § 5.1 to read as follows:
§ 5.1 Administration and enforcement of
the Act.
(a) The administration and
enforcement of the Foreign Agents
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16:51 Mar 06, 2007
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Registration Act of 1938, as amended
(22 U.S.C. 611–621) (Act), subject to the
general supervision and direction of the
Attorney General, is assigned to, and
conducted, handled, and supervised by,
the Assistant Attorney General for
National Security.
(b) The Assistant Attorney General for
National Security is authorized to
prescribe such forms, in addition to or
in lieu of those specified in the
regulations in this part, as may be
necessary to carry out the purposes of
this part.
(c) Copies of the Act, and of the rules,
regulations, and forms prescribed
pursuant to the Act, and information
concerning the foregoing may be
obtained upon request without charge
from the National Security Division,
Department of Justice, Washington, DC
20530.
I 16. Amend § 5.2 as follows:
I a. In paragraph (a), remove the words
‘‘Assistant Attorney General’’ and add,
in their place, the words ‘‘Assistant
Attorney General for National Security’’.
I b. Revise paragraph (d).
I c. In paragraph (g), remove the words
‘‘Criminal Division’’ and add, in their
place, the words ‘‘National Security
Division’’.
I d. In paragraph (h), remove the words
‘‘Criminal Division’’ in two places and
add, in their place, the words ‘‘National
Security Division’’.
I e. In paragraph (i), remove the words
‘‘Criminal Division’’ and add, in their
place, the words ‘‘National Security
Division’’.
I f. In paragraph (j), remove the words
‘‘Assistant Attorney General’’ and add,
in their place, the words ‘‘Assistant
Attorney General for National Security’’.
The revisions read as follows:
§ 5.2 Inquiries concerning application of
the Act.
*
*
*
*
*
(d) Address. A review request must be
submitted in writing to the Assistant
Attorney General for National Security,
Department of Justice, Washington, DC
20530.
*
*
*
*
*
I 17. Amend § 5.100 by revising
paragraphs (a)(3) and (a)(5), removing
paragraph (a)(6), and redesignating
paragraphs (a)(7) through (a)(13) as
paragraphs (a)(6) through (a)(12) to read
as follows:
§ 5.100
(a) * * *
*
*
*
*
(3) The term Assistant Attorney
General means the Assistant Attorney
General for National Security,
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18. In § 5.501, remove the words
‘‘Criminal Division’’ and add, in their
place, the words ‘‘National Security
Division’’.
I
PART 12—REGISTRATION OF
CERTAIN PERSONS HAVING
KNOWLEDGE OF FOREIGN
ESPIONAGE, COUNTERESPIONAGE,
OR SABOTAGE MATTERS UNDER THE
ACT OF AUGUST 1, 1956
19. The authority citation for part 12
is revised to read as follows:
I
Authority: Sec. 5, 70 Stat. 900; 50 U.S.C.
854.
I
20. Revise § 12.2 to read as follows:
§ 12.2
Administration of act.
The administration of the act is
assigned to the National Security
Division, Department of Justice.
Communications with respect to the act
shall be addressed to the National
Security Division, Department of
Justice, Washington, DC 20530. Copies
of the act and the regulations contained
in this part, including the forms
mentioned therein, may be obtained
upon request without charge.
I
21. Revise 12.20 to read as follows:
§ 12.20
Filing of registration statement.
Registration statements shall be filed
in duplicate with the National Security
Division, Department of Justice,
Washington, DC 20530. Filing may be
made in person or by mail, and shall be
deemed to have taken place upon the
receipt thereof by the Division.
PART 17—CLASSIFIED NATIONAL
SECURITY INFORMATION AND
ACCESS TO CLASSIFIED
INFORMATION
22. The authority citation for part 17
is revised to read as follows:
I
Definition of terms.
*
Department of Justice, Washington, DC
20530.
*
*
*
*
*
(5) The term rules and regulations
includes the regulations in this part and
all other rules and regulations
prescribed by the Attorney General
pursuant to the Act and all registration
forms and instructions thereon that may
be prescribed by the regulations in this
part or by the Assistant Attorney
General for National Security.
*
*
*
*
*
Authority: 28 U.S.C. 501, 509, 510, 515–
519; 5 U.S.C. 301; E.O. 12958, 60 FR 19825,
3 CFR, 1995 Comp., p. 333; E.O. 12968, 60
FR 40245, 3 CFR, 1995 Comp., p. 391; 32 CFR
part 2001.
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations
§ 17.1
[Amended]
23. In § 17.1(a) remove the words
‘‘Office of Intelligence Policy and
Review’’ and add, in their place, the
words ‘‘National Security Division’’.
I 24. Revise § 17.13 to read as follows:
I
§ 17.13 National Security Division;
interpretation of Executive Orders.
(a) The Assistant Attorney General for
National Security or a designee shall
represent the Attorney General at
interagency meetings on matters of
general interest concerning national
security information.
(b) The Assistant Attorney General for
National Security shall provide advice
and interpretation on any issues that
arise under Executive Orders 12958 and
12968 and shall refer such questions to
the Office of Legal Counsel, as
appropriate.
(c) Any request for interpretation of
Executive Order 12958 or Executive
Order 12968, pursuant to section 6.1(b)
of Executive Order 12958, and section
7.2(b) of Executive Order 12968, shall be
referred to the Assistant Attorney
General for National Security, who shall
refer such questions to the Office of
Legal Counsel, as appropriate.
I 25. Revise § 17.14(b)(1) to read as
follows:
§ 17.14
Department Review Committee.
*
*
*
*
*
(b)(1) The DRC shall consist of a
senior representative designated by the:
(i) Deputy Attorney General;
(ii) Assistant Attorney General, Office
of Legal Counsel;
(iii) Assistant Attorney General,
Criminal Division;
(iv) Assistant Attorney General, Civil
Division;
(v) Assistant Attorney General for
National Security;
(vi) Assistant Attorney General for
Administration; and
(vii) Director, Federal Bureau of
Investigation.
*
*
*
*
*
§ 17.15
[Amended]
26. In § 17.15(b), remove the words
‘‘Counsel for Intelligence Policy’’ and
add, in their place, the words ‘‘Assistant
Attorney General for National Security’’.
I 27. Revise § 17.18(b), (i), (j)(2), and
(j)(3) to read as follows:
I
sroberts on PROD1PC70 with RULES
§ 17.18
Prepublication review.
*
*
*
*
*
(b) Persons subject to these
requirements are invited to discuss their
plans for public disclosures of
information that may be subject to these
obligations with authorized Department
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16:51 Mar 06, 2007
Jkt 211001
representatives at an early stage, or as
soon as circumstances indicate these
policies must be considered. Except as
provided in paragraph (j) of this section
for FBI personnel, all questions
concerning these obligations should be
addressed to the Assistant Attorney
General for National Security,
Department of Justice, 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
The official views of the Department on
whether specific materials require
prepublication review may be expressed
only by the Assistant Attorney General
for National Security and persons
should not act in reliance upon the
views of other Department personnel.
*
*
*
*
*
(i) The Assistant Attorney General for
National Security or a designee (or, in
the case of FBI employees, the Section
Chief, Records/Information
Dissemination Section, Records
Management Division) will respond
substantively to prepublication review
requests within 30 working days of
receipt of the submission. Priority shall
be given to reviewing speeches,
newspaper articles, and other materials
that the author seeks to publish on an
expedited basis. The Assistant Attorney
General’s decisions may be appealed to
the Deputy Attorney General, who will
process appeals within 15 days of
receipt of the appeal. The Deputy
Attorney General’s decision is final and
not subject to further administrative
appeal. Persons who are dissatisfied
with the final administrative decision
may obtain judicial review either by
filing an action for declaratory relief, or
by giving the Department notice of their
intention to proceed with publication
despite the Department’s request for
deletions of classified information and
giving the Department 30 working days
to file a civil action seeking a court
order prohibiting disclosure. Employees
and other affected individuals remain
obligated not to disclose or publish
information determined by the
Government to be classified until any
civil action is resolved.
(j) * * *
*
*
*
*
*
(2) FBI employees required to sign
nondisclosure agreements containing a
provision for prepublication review
pursuant to this subpart shall submit
materials for review to the Section
Chief, Records/Information
Dissemination Section, Records
Management Division. Such individuals
shall also submit questions as to
whether specific materials require
prepublication review under such
agreements to that Section for
resolution. Where such questions raise
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Frm 00037
Fmt 4700
Sfmt 4700
10069
policy questions or concern significant
issues of interpretation under such an
agreement, the Section Chief, Records/
Information Dissemination Section,
Records Management Division, shall
consult with the Assistant Attorney
General for National Security, or a
designee, prior to responding to the
inquiry.
(3) Decisions of the Section Chief,
Records/Information Dissemination
Section, Records Management Division,
concerning the deletion of classified
information, may be appealed to the
Director, FBI, who will process appeals
within 15 working days of receipt.
Persons who are dissatisfied with the
Director’s decision may, at their option,
appeal further to the Deputy Attorney
General as provided in paragraph (i) of
this section. Judicial review, as set forth
in that paragraph, is available following
final agency action in the form of a
decision by the Director, if the appeal
process in paragraph (i) of this section
is pursued, the Deputy Attorney
General.
§ 17.42
[Amended]
28. In § 17.42(a), remove the words
‘‘Counsel for Intelligence Policy’’ and
add, in their place, the words ‘‘Assistant
Attorney General for National Security’’.
I
PART 65—EMERGENCY FEDERAL
LAW ENFORCEMENT ASSISTANCE
29. The authority citation for part 65
continues to read as follows:
I
Authority: The Comprehensive Crime
Control Act of 1984, Title II, Chap. VI, Div.
I, Subdiv. B, Emergency Federal Law
Enforcement Assistance, Pub. L. 98–473, 98
Stat. 1837, Oct. 12, 1984 (42 U.S.C. 10501 et
seq.); 8 U.S.C. 1101 note; Sec. 610, Pub. L.
102–140, 105 Stat. 832.
30. Revise § 65.70(c) to read as
follows:
I
§ 65.70
Definitions.
*
*
*
*
*
(c) Federal law enforcement
community. The term Federal law
enforcement community is defined by
the Act as the heads of the following
departments or agencies:
(1) Federal Bureau of Investigation;
(2) Drug Enforcement Administration;
(3) Criminal Division of the
Department of Justice;
(4) Internal Revenue Service;
(5) Customs Service;
(6) Department of Homeland Security;
(7) U.S. Marshals Service;
(8) National Park Service;
(9) U.S. Postal Service;
(10) Secret Service;
(11) U.S. Coast Guard;
(12) Bureau of Alcohol, Tobacco,
Firearms, and Explosives;
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations
(13) National Security Division of the
Department of Justice; and
(14) Other Federal agencies with
specific statutory authority to
investigate violations of Federal
criminal law.
*
*
*
*
*
PART 73—NOTIFICATIONS TO THE
ATTORNEY GENERAL BY AGENTS OF
FOREIGN GOVERNMENTS
31. The authority citation for part 73
continues to read as follows:
I
Authority: 18 U.S.C. 951, 28 U.S.C. 509,
510.
§ 73.3
[Amended]
32. In § 73.3(a) remove the words
‘‘Registration Unit of the Criminal
Division’’ and add, in their place, the
words ‘‘National Security Division’’.
I
Dated: February 14, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7–3755 Filed 3–6–07; 8:45 am]
BILLING CODE 4410–PF–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2530
RIN 1210–AB15
Interim Final Rule Relating to Time and
Order of Issuance of Domestic
Relations Orders
Employee Benefits Security
Administration, Department of Labor.
ACTION: Interim final rule with request
for comments.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This document contains an
interim final rule issued under section
1001 of the Pension Protection Act of
2006, Public Law 109–280 (PPA), which
requires the Secretary of Labor to issue,
not later than 1 year after the date of the
enactment of the PPA, regulations
clarifying certain issues relating to the
timing and order of domestic relations
orders under section 206(d)(3) of the
Employee Retirement Income Security
Act of 1974, as amended (ERISA). The
rule contained in this document
provides guidance to plan
administrators, service providers,
participants, and alternate payees on the
qualified domestic relations order
(QDRO) requirements under ERISA. The
rule is being adopted in response to the
specific statutory directive contained in
the PPA. Interested persons are invited
to submit comments on the interim final
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15:48 Mar 06, 2007
Jkt 211001
rule for consideration by the
Department of Labor in developing a
final rule.
DATES: Effective date: The interim final
rule is effective on April 6, 2007.
Comment date: Written comments on
the interim final rule must be received
by May 7, 2007.
ADDRESSES: To facilitate the receipt and
processing of comments, EBSA
encourages interested persons to submit
their comments electronically to eORI@dol.gov, or by using the Federal
eRulemaking portal https://
www.regulations.gov (follow
instructions for submission of
comments). Persons submitting
comments electronically are encouraged
not to submit paper copies. Persons
interested in submitting comments on
paper should send or deliver their
comments (preferably three copies) to:
Office of Regulations and
Interpretations, Employee Benefits
Security Administration, Room N–5669,
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, Attention: QDRO Regulation.
All comments will be available to the
public, without charge, online at
https://www.regulations.gov and https://
www.dol.gov/ebsa, and at the Public
Disclosure Room, Employee Benefits
Security Administration, U.S.
Department of Labor, Room N–1513,
200 Constitution Avenue, NW.,
Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT:
Yolanda R. Wartenberg, Office of
Regulations and Interpretations,
Employee Benefits Security
Administration, U.S. Department of
Labor, Washington, DC 20210, (202)
693–8510. This is not a toll free number.
SUPPLEMENTARY INFORMATION:
A. Qualified Domestic Relations Order
Provisions
Section 206(d)(3) of title I of ERISA,
and the related provisions of section
414(p) of the Internal Revenue Code of
1986 (Code), establish a limited
exception to the prohibitions against
assignment and alienation contained in
ERISA section 206(d)(1) and Code
section 401(a)(13).1 Under this limited
1 The QDRO provisions were added to ERISA and
the Code by the Retirement Equity Act of 1984
(REA), Public Law 96–397, 96 Stat. 1438 (1984).
Except where no corresponding provision exists, all
references to paragraphs of ERISA section 206(d)(3)
should be read to refer to corresponding provisions
of Code section 414(p). The Secretary of Labor has
authority to interpret the QDRO provisions, section
206(d)(3), and its parallel provision at section
414(p) of the Code, and to issue QDRO regulations
in consultation with the Secretary of the Treasury.
29 U.S.C. 1056(d)(3)(N). The Secretary of the
Treasury has authority to issue rules and
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Fmt 4700
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exception, a participant’s benefits under
a pension plan may be assigned to an
alternate payee, defined as the
participant’s spouse, former spouse,
child, or other dependent, pursuant to
an order that constitutes a qualified
domestic relations order (QDRO) within
the meaning of those provisions. Such
QDROs, in addition, survive the federal
preemption of State law imposed by
ERISA section 514(a) by virtue of ERISA
section 514(b)(7).
Pursuant to the QDRO provisions, a
plan administrator must determine, in
accordance with specified procedures,
whether an order purporting to divide a
participant’s benefits under a plan
meets the applicable requirements set
forth in section 206(d)(3) of ERISA. If
the plan administrator determines that
the order meets these requirements and
is, accordingly, a QDRO within the
meaning of section 206(d)(3), the plan
administrator must distribute the
assigned portion of the participant’s
benefits to the alternate payee or payees
named in the order in accordance with
the terms of the order.
Subparagraphs (G) and (H) of ERISA
section 206(d)(3) set forth provisions
relating to the procedures that a plan
must establish, and a plan administrator
must observe, in determining whether
an order is a QDRO and in
administering the plan and the
participant’s benefits during the period
in which the plan administrator is
making such a determination. The
plan’s procedures must be reasonable,
must be in writing, must require prompt
notification and disclosure of the
procedures to participants and alternate
payees upon receipt of an order, and
must permit alternate payees to
designate representatives for notice
purposes. In addition, the plan
administrator must complete the
determination process and notify
participants and alternate payees of its
determination within a reasonable
period after receipt of the order.
Subparagraph (H) of section 206(d)(3)
provides specific procedural protection
of a potential alternate payee’s interest
in a participant’s benefits during the
plan’s determination process and for a
period of up to 18 months (the 18month period) during which the issue of
the qualified status of a domestic
relations order is being determined—
whether by the plan administrator, by a
court of competent jurisdiction, or
regulations necessary to coordinate the
requirements of section 414(p) (and the regulations
issued by the Secretary of Labor thereunder) with
the other provisions of Chapter I of Subtitle A of
the Code. 26 U.S.C. 401(n). The Secretary of the
Treasury has been consulted on this interim final
rule.
E:\FR\FM\07MRR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Rules and Regulations]
[Pages 10064-10070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3755]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Parts 0, 5, 12, 17, 65, and 73
[Docket No. NSD 100; AG Order No. 2865-2007]
Office of the Attorney General; National Security Division
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends part 0 of title 28 of the Code of Federal
Regulations to reflect the establishment of the National Security
Division at the Department of Justice. The National Security Division
was created by section 506 of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (``the Act''). This rule, which sets forth
the Division's organization, mission and functions, amends the Code of
Federal Regulations in order to conform the Department's regulations to
the Act and to reflect accurately the Department's internal management
structure.
This rule also amends the Department's regulations in title 28
other than in part 0 to make nomenclature and organizational changes
reflecting the establishment of the National Security Division.
DATES: Effective Date: March 7, 2007.
FOR FURTHER INFORMATION CONTACT: Jessie Liu, National Security
Division, U.S. Department of Justice, Washington, DC 20530; Telephone
(202) 514-1057.
SUPPLEMENTARY INFORMATION: On March 9, 2006, the President signed the
USA PATRIOT Improvement and Reauthorization Act of 2005 (``the Act''),
Public Law 109-277 (120 Stat. 192). Section 506 of the Act created a
new National Security Division (NSD) in the Department of Justice. This
rule conforms the Department's regulations to the Act and sets forth
the new Division's organization, mission, and functions.
This rule reflects the establishment of the NSD, reporting to the
Deputy Attorney General, by consolidating the resources of the Office
of Intelligence Policy and Review (OIPR) and the Criminal Division's
Counterterrorism and Counterespionage Sections. These organizational
changes will strengthen the Department's efforts to combat terrorism
and other threats to national security.
Consolidating OIPR and the Criminal Division's Counterterrorism and
Counterespionage Sections under the NSD will ensure greater
coordination and unity of purpose among the Department's primary
organizational units that handle core national security matters. These
changes will allow the Department to maximize the effectiveness of
prosecutors handling cases in the core national security fields of
counterterrorism and counterespionage, who will continue to carry out
the same critical functions they handle today. The NSD will be
positioned to coordinate all related Department resources and ensure
that critical information is shared as appropriate across the
Department and the Executive Branch.
The mission of the NSD is to coordinate the Department's efforts in
carrying out its core mission of combating terrorism and protecting
national security. Among the major functions the NSD will perform are
the following:
Develop, enforce, and supervise the application of all
federal criminal laws related to the national counterterrorism and
counterespionage enforcement programs, except those specifically
assigned to other Divisions;
Prosecute and coordinate a wide range of criminal
prosecutions and investigations targeting individuals and organizations
involving terrorist acts at home or against U.S. persons or interests
abroad or that assist in the financing of or providing support to those
acts;
Administer the Foreign Intelligence Surveillance Act;
Supervise sensitive areas of law enforcement related to
the activities of the National Security Division, except tasks assigned
to other Divisions;
Advise, assist, coordinate with, and train those in the
law enforcement community, including federal, state, and local
prosecutors, investigative agencies and foreign criminal justice
entities (provided that any training of foreign criminal justice
entities should be conducted in coordination with the Criminal
Division), in matters related to the Division's activities;
Advise the Attorney General, the Office of Management and
Budget, and the White House on matters relating to the national
security activities of the United States; and
Through the Assistant Attorney General for National
Security, serve as the Department of Justice's primary liaison to the
Director of National Intelligence.
This rule also makes further amendments to the Department's
regulations in title 28 other than in part 0 in order to make
nomenclature and organizational changes reflecting the establishment of
the NSD. Generally, the changes involve either adding the NSD to the
list of the Department's components or substituting the NSD in place of
either the Criminal Division or the Office of Intelligence Policy and
Review. In some instances, the Assistant Attorney General for National
Security is substituted for the Assistant Attorney General, Criminal
Division or for the Counsel for Intelligence Policy, as appropriate.
This rule only makes changes to the Department's internal
organization and structure and does not affect the rights or
obligations of the general public.
Administrative Procedure Act--5 U.S.C. 553
This rule is a rule of agency organization and relates to a matter
relating to agency management and is therefore exempt from the
requirements of prior notice and comment and a 30-day delay in the
effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities because it pertains to
personnel and administrative matters affecting the Department. Further,
a Regulatory Flexibility Analysis was not required to be prepared for
this final rule because the Department was not required to
[[Page 10065]]
publish a general notice of proposed rulemaking for this matter.
Executive Order 12866--Regulatory Planning and Review
This action has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, section 1(b),
Principles of Regulation. This rule is limited to agency organization,
management, and personnel as described by section 3(d)(3) of that order
and, therefore, is not a ``regulation'' or ``rule'' as defined by the
order. Accordingly, this action has not been reviewed by the Office of
Management and Budget.
Executive Order 13132--Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988--Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1955
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organizations and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
List of Subjects
28 CFR Part 0
Authority delegations (Government agencies), Counterterrorism,
Crime, Government employees, Law enforcement, National security
information, Organization and functions (Government agencies), Privacy,
Reporting and recordkeeping requirements, Terrorism, Whistleblowing.
28 CFR Part 5
Aliens, Foreign relations, Reporting and recordkeeping
requirements, Security measures.
28 CFR Part 12
Crime, Foreign relations, Reporting and recordkeeping requirements,
Security measures.
28 CFR Part 17
Classified information, Foreign relations.
28 CFR Part 65
Grant Programs-law, Law enforcement, Emergency assistance,
Reporting and recordkeeping requirements.
28 CFR Part 73
Foreign relations, Security measures.
0
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, title 28 of
the Code of Federal Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Sec. 0.1 [Amended]
0
2. Amend Sec. 0.1 as follows:
0
a. In the list of Offices, remove the title ``Office of Intelligence
and Policy Review''.
0
b. In the list of Offices, add the title ``Executive Office for
Immigration Review'' after the entry ``Community Relations Service''.
0
c. In the list of Offices, add the title ``Professional Responsibility
Advisory Office'' at the end of the list.
0
d. In the list of Divisions, remove the title ``Land and Natural
Resources Division'' and add in its place the title ``Environment and
Natural Resources Division''.
0
e. In the list of Divisions, add after the newly-renamed entry ``Land
and Natural Resources Division'' the title ``National Security
Division''.
0
f. In the list of Bureaus, remove the title ``Office of Justice
Assistance, Research and Statistics (and related agencies)'' and add in
its place the title ``Office of Justice Programs (and related
agencies)''.
0
g. In the list of Bureaus, remove the title ``Immigration and
Naturalization Service''.
Subpart F-1--[Removed and Reserved]
0
3. Remove and reserve subpart F-1.
0
4. Revise paragraph (i) of Sec. 0.55 to read as follows:
Sec. 0.55 General functions.
* * * * *
(i) All civil proceedings seeking exclusively equitable relief
against Criminal Division activities including criminal investigations,
prosecutions, and other criminal justice activities (including without
limitation, applications for writs of coram nobis and writs of habeas
corpus not challenging exclusion, deportation, or detention under the
immigration laws), except that any proceeding may be conducted,
handled, or supervised by the Assistant Attorney General for National
Security or another Division by agreement between the head of such
Division and the Assistant Attorney General, Criminal Division.
* * * * *
Sec. Sec. 0.61, 0.62, and 0.64 [Removed and Reserved]
0
5. Remove and reserve Sec. Sec. 0.61, 0.62, and 0.64.
0
6. Revise Sec. 0.64-1 to read as follows:
Sec. 0.64-1 Central or Competent Authority under treaties and
executive agreements on mutual assistance in criminal matters.
The Assistant Attorney General, Criminal Division, in consultation
with the Assistant Attorney General for National Security in matters
related to the National Security Division's activities, shall have the
authority and perform the functions of the ``Central Authority'' or
``Competent Authority'' (or like designation) under treaties and
executive agreements between the United States of America and other
countries on mutual assistance in criminal matters that designate the
Attorney General or the Department of Justice as such authority. The
Assistant Attorney General, Criminal Division, is authorized to re-
delegate this authority to the Deputy Assistant Attorneys General,
Criminal Division, and to the Director and Deputy Directors of the
Office of International Affairs, Criminal Division.
0
7. Revise Sec. 0.64-2 to read as follows:
[[Page 10066]]
Sec. 0.64-2 Delegation respecting transfer of offenders to or from
foreign countries.
The Assistant Attorney General, Criminal Division, in consultation
with the Assistant Attorney General for National Security in matters
related to the National Security Division's activities, is authorized
to exercise all of the power and authority vested in the Attorney
General under 18 U.S.C. 4102 that has not been delegated to the
Director of the Bureau of Prisons under 28 CFR 0.96b, including
specifically the authority to find appropriate or inappropriate the
transfer of offenders to or from a foreign country under a treaty as
referred to in Public Law 95-144. The Assistant Attorney General,
Criminal Division is authorized to redelegate this authority within the
Criminal Division to the Deputy Assistant Attorneys General, the
Director of the Office of Enforcement Operations, and the Senior
Associate Director and Associate Directors of the Office of Enforcement
Operations.
0
8. Revise Sec. 0.64-4 to read as follows:
Sec. 0.64-4 Delegation respecting temporary transfers, in custody, of
certain prisoner-witnesses from a foreign country to the United States
to testify in Federal or State criminal proceedings.
The Assistant Attorney General, Criminal Division, in consultation
with the Assistant Attorney General for National Security in matters
related to the National Security Division's activities, is authorized
to exercise all of the power and authority vested in the Attorney
General under 18 U.S.C. 3508 that has not been delegated to the
Director of the United States Marshals Service under 28 CFR 0.111a,
including specifically the authority to determine whether and under
what circumstances temporary transfer of a prisoner-witness to the
United States is appropriate or inappropriate; to determine the point
at which the witness should be returned to the transferring country;
and to enter into appropriate agreements with the transferring country
regarding the terms and conditions of the transfer. The Assistant
Attorney General, Criminal Division is authorized to redelegate this
authority within the Criminal Division to the Deputy Assistant
Attorneys General and to the Director and Deputy Directors of the
Office of International Affairs.
0
9. Revise Sec. 0.64-5 to read as follows:
Sec. 0.64-5 Policy with regard to bringing charges under the Economic
Espionage Act of 1996, Pub. L. 104-294, effective October 11, 1996.
The United States may not file a charge under 18 U.S.C. 1831 of the
Economic Espionage Act of 1996 (the ``EEA'') (18 U.S.C. 1831 et seq.),
or use a violation under section 1831 of the EEA as a predicate offense
under any other law, without the personal approval of the Attorney
General, the Deputy Attorney General, the Assistant Attorney General
for National Security, or the Assistant Attorney General, Criminal
Division (or the Acting official in each of these positions if a
position is filled by an Acting official). Violations of this
regulation are appropriately sanctionable and will be reported by the
Attorney General to the Senate and House Judiciary Committees.
Responsibility for reviewing proposed charges under section 1831 of the
EEA rests with the Counterespionage Section of the National Security
Division, which will consult, as necessary, with the Computer Crime and
Intellectual Property Section of the Criminal Division. This regulation
shall remain in effect until October 11, 2011.
0
10. Redesignate subpart M as subpart L and revise the subpart heading
to read as follows:
Subpart L--Environment and Natural Resources Division
0
11. Redesignate subpart N as subpart M.
0
12. Add a new subpart N consisting of Sec. 0.72 to read as follows:
Subpart N--National Security Division
Sec. 0.72 National Security Division.
The following functions are assigned to and shall be conducted,
handled, or supervised by the Assistant Attorney General for National
Security:
(a) General functions.
(1) Advise the Attorney General, the Office of Management and
Budget, and the White House, and brief Congress, as appropriate, on
matters relating to the national security activities of the United
States, and ensure that all of the Department's national security
activities are effectively coordinated;
(2) Develop, enforce, and supervise the application of all federal
criminal laws related to the national counterterrorism and
counterespionage enforcement programs, except those specifically
assigned to other Divisions;
(3) Represent the Department on interdepartmental boards,
committees, and other groups dealing with national security,
intelligence, or counterintelligence matters;
(4) Oversee the development, coordination, and implementation of
Department policy, in conjunction with other components of the
Department as appropriate, with regard to intelligence,
counterintelligence, or national security matters;
(5) Provide legal assistance and advice, in coordination with the
Office of Legal Counsel as appropriate, to Government agencies on
matters of national security law and policy;
(6) Administer the Foreign Intelligence Surveillance Act;
(7) Prosecute Federal crimes involving national security, foreign
relations, and terrorism, and coordinate the Department's activities
and advice on all issues with respect to the Foreign Intelligence
Surveillance Act of 1978, as amended, and the Classified Information
Procedures Act arising in connection with any such prosecutions;
(8) Prosecute and coordinate prosecutions and investigations
targeting individuals and organizations involved in terrorist acts at
home or against U.S. persons or interests abroad, or that assist in the
financing of or providing support to those acts;
(9) Except in the case of emergencies where there is an immediate
threat to life or property, review for concurrence the Department's use
of criminal proceedings in connection with all matters relating to
intelligence, counterintelligence, or counterterrorism. Such criminal
proceedings include, but are not limited to, grand jury proceedings,
the filing of search and arrest warrants or applications for electronic
surveillance pursuant to 18 U.S.C. 2510 et seq. and 18 U.S.C. 2701 et
seq., the filing of complaints, the return of indictments, criminal
forfeiture proceedings, and appeals;
(10) Evaluate Departmental activities and existing and proposed
domestic and foreign intelligence, counterintelligence, or national
security activities to determine their consistency with United States
national security policies and law;
(11) Formulate policy alternatives and recommend action by the
Department and other executive agencies in achieving lawful United
States intelligence, counterintelligence, or national security
objectives;
(12) Analyze and interpret current statutes, executive orders,
guidelines, and other directives pertaining to intelligence,
counterintelligence, or national security matters;
(13) Formulate legislative initiatives, policies, and guidelines
relating to intelligence, counterintelligence, or national security
matters;
(14) Review and comment upon proposed statutes, guidelines, and
other directives with regard to national security matters, and, in
conjunction with the Office of Legal Counsel, review and comment upon
the form and
[[Page 10067]]
legality of proposed executive orders that touch upon matters related
to the function of this Division;
(15) Provide training for Departmental components on legal topics
related to intelligence, counterintelligence, or national security
matters;
(16) Advise, assist, coordinate with, and train those in the law
enforcement community, including federal, state, and local prosecutors,
investigative agencies, and foreign criminal justice entities (provided
that any training of foreign criminal justice entities should be
conducted in coordination with the Criminal Division);
(17) Provide oversight of intelligence, counterintelligence, or
national security matters by executive branch agencies to ensure
conformity with applicable law, executive branch regulations, and
Departmental objectives and report to the Attorney General on such
activities;
(18) Supervise the preparation of the National Security Division's
submission for the annual budget;
(19) Serve as primary liaison to the Director of National
Intelligence for the Department of Justice;
(20) Represent the Department on the Committee on Foreign
Investments in the United States; and
(21) Perform other duties pertaining to intelligence,
counterintelligence, counterterrorism, or national security matters as
may be assigned by the Attorney General or the Deputy Attorney General.
(b) Functions related to intelligence policy and operations.
(1) Advise and assist the Attorney General in carrying out his
responsibilities under Executive Order 12333, ``United States
Intelligence Activities,'' and other statutes, executive orders, and
authorities related to intelligence, counterintelligence, or national
security matters;
(2) Supervise the preparation of certifications and applications
for orders under the Foreign Intelligence Surveillance Act of 1978, as
amended, and the representation of the United States before the United
States Foreign Intelligence Surveillance Court and the United States
Foreign Intelligence Court of Review;
(3) Participate in the development, implementation, and review of
United States intelligence, counterintelligence, and national security
policies, including procedures for the conduct of intelligence,
counterintelligence, or national security activities;
(4) Supervise sensitive areas of law enforcement related to the
activities of the National Security Division, except for tasks assigned
to other Divisions; and
(5) Recommend action by the Department of Justice with regard to
applications under the Foreign Intelligence Surveillance Act of 1978,
as amended, as well as with regard to other investigative activities by
executive branch agencies; and
(6) To the extent deemed appropriate by the Assistant Attorney
General for National Security, prepare periodic and special
intelligence reports describing and evaluating domestic and foreign
intelligence and counterintelligence activities and assessing trends or
changes in these activities.
(c) Functions related to counterterrorism.
(1) Participate in the systematic collection and analysis of data
and information relating to the investigation and prosecution of
terrorism cases;
(2) Coordinate with Government departments and agencies to
facilitate prevention of terrorist activity through daily detection and
analysis and to provide information and support to the Offices of the
United States Attorneys;
(3) Prosecute matters involving counterterrorism;
(4) Prosecute terrorist financing matters, including material
support cases, through the Division's counterterrorism programs;
(5) Formulate legislative initiatives, policies, and guidelines
relating to terrorism;
(6) Prosecute matters involving torture, genocide, and war crimes
to the extent such matters involve the activities of the National
Security Division;
(7) Assist in the foreign terrorist organization designation
process with the Department of State, the Department of the Treasury,
and the components of the Department of Justice; and
(8) Provide legal advice to attorneys for the Government concerning
federal national security statutes, including but not limited to:
aircraft piracy and related offenses (49 U.S.C. 46501-07); aircraft
sabotage (18 U.S.C. 32); crimes against internationally protected
persons (18 U.S.C. 112, 878, 1116, 1201(a)(4)); sea piracy (18 U.S.C.
1651); hostage taking (18 U.S.C. 1203); terrorist acts abroad,
including murder, against United States nationals (18 U.S.C. 2332);
acts of terrorism transcending national boundaries (18 U.S.C. 2332b);
conspiracy within the United States to murder, kidnap, or maim persons
or to damage property overseas (18 U.S.C. 956); providing material
support to terrorists and terrorist organizations (18 U.S.C. 2339A,
2339B, 2339C); and using biological, nuclear, chemical or other weapons
of mass destruction (18 U.S.C. 175, 831, 2332c, 2332a).
(d) Functions related to internal security.
(1) Enforcement of all criminal laws relating to subversive
activities and kindred offenses directed against the internal security
of the United States, including the laws relating to treason, sabotage,
espionage, and sedition; enforcement of the Foreign Assets Control
Regulations issued under the Trading With the Enemy Act (31 CFR 500.101
et seq.); criminal prosecutions under the Atomic Energy Act of 1954,
the Smith Act, the neutrality laws, the Arms Export Control Act, the
Federal Aviation Act of 1958 (49 U.S.C. 1523) relating to offenses
involving the security control of air traffic, and 18 U.S.C. 799 and
criminal prosecutions for offenses, such as perjury and false
statements, arising out of offenses relating to national security;
(2) Administration and enforcement of the Foreign Agents
Registration Act of 1938, as amended; the Act of August 1, 1956, 70
Stat. 899 (50 U.S.C. 851-857), including the determination in writing
that the registration of any person coming within the purview of that
Act would not be in the interest of national security; and the Voorhis
Act (18 U.S.C. 2386);
(3) Administration and enforcement of the Internal Security Act of
1950, as amended;
(4) Conduct of civil proceedings seeking exclusively equitable
relief against laws, investigations or administrative actions designed
to protect the national security (including without limitation
personnel security programs and the foreign assets control program);
(5) Interpretation of Executive Order 10450 of April 27, 1953, as
amended, and advising other departments and agencies in connection with
the administration of the federal employees security program, including
the designation of organizations as required by the order; the
interpretation of Executive Order 10501 of November 5, 1953, as
amended, and of regulations issued thereunder in accordance with
section 11 of that order; and the interpretation of Executive Order
10865 of February 20, 1960;
(6) Conduct of libels and civil penalty actions (including
petitions for remission or mitigation of civil penalties and
forfeitures, offers in compromise and related proceedings) arising out
of violations of the Trading with the Enemy Act, the neutrality
statutes, and the Arms Export Control Act;
(7) Enforcement and administration of the provisions of 2 U.S.C.
441e, relating to contributions by foreign nationals;
[[Page 10068]]
(8) Enforcement and administration of the provisions of 18 U.S.C.
219, relating to officers and employees of the United States acting as
agents of foreign principals; and
(9) Enforcement and administration of criminal matters arising
under the Military Selective Service Act of 1967.
(e) Relationship to other offices. Nothing in this subpart shall be
construed as affecting the functions or overriding the authority of the
Office of Legal Counsel as established by 28 CFR 0.25.
0
13. Revise Sec. 0.175(a) to read as follows:
Sec. 0.175 Judicial and administrative proceedings.
(a) When the subject matter of a case or proceeding is within his
or her respective jurisdiction, the Assistant Attorney General,
Criminal Division, the Assistant Attorney General for National
Security, or any Deputy Assistant Attorney General, Criminal Division
or of the National Security Division is authorized to exercise the
authority vested in the Attorney General by 18 U.S.C. 6003, to approve
the application of a U.S. Attorney to a federal court for an order
compelling testimony or the production of information by a witness in
any proceeding before or ancillary to a court or grand jury of the
United States, and the authority vested in the Attorney General by 18
U.S.C. 6004, to approve the issuance by an agency of the United States
of an order compelling testimony or the production of information by a
witness in a proceeding before the agency, when the subject matter of
the case or proceeding is either within the cognizance of the Assistant
Attorney General, Criminal Division, the Assistant Attorney General for
National Security, or is not within the cognizance of the Divisions or
Administration designated in paragraphs (b) and (c) of this section.
* * * * *
PART 5--ADMINISTRATION AND ENFORCEMENT OF FOREIGN AGENTS
REGISTRATION ACT OF 1938, AS AMENDED
0
14. The authority citation for part 5 continues to read as follows:
Authority: 28 U.S.C. 509, 510; Section 1, 56 Stat. 248, 257 (22
U.S.C. 620); title I, Pub. L. 102-395, 106 Stat. 1828, 1831 (22
U.S.C. 612 note).
0
15. Revise Sec. 5.1 to read as follows:
Sec. 5.1 Administration and enforcement of the Act.
(a) The administration and enforcement of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611-621) (Act), subject
to the general supervision and direction of the Attorney General, is
assigned to, and conducted, handled, and supervised by, the Assistant
Attorney General for National Security.
(b) The Assistant Attorney General for National Security is
authorized to prescribe such forms, in addition to or in lieu of those
specified in the regulations in this part, as may be necessary to carry
out the purposes of this part.
(c) Copies of the Act, and of the rules, regulations, and forms
prescribed pursuant to the Act, and information concerning the
foregoing may be obtained upon request without charge from the National
Security Division, Department of Justice, Washington, DC 20530.
0
16. Amend Sec. 5.2 as follows:
0
a. In paragraph (a), remove the words ``Assistant Attorney General''
and add, in their place, the words ``Assistant Attorney General for
National Security''.
0
b. Revise paragraph (d).
0
c. In paragraph (g), remove the words ``Criminal Division'' and add, in
their place, the words ``National Security Division''.
0
d. In paragraph (h), remove the words ``Criminal Division'' in two
places and add, in their place, the words ``National Security
Division''.
0
e. In paragraph (i), remove the words ``Criminal Division'' and add, in
their place, the words ``National Security Division''.
0
f. In paragraph (j), remove the words ``Assistant Attorney General''
and add, in their place, the words ``Assistant Attorney General for
National Security''.
The revisions read as follows:
Sec. 5.2 Inquiries concerning application of the Act.
* * * * *
(d) Address. A review request must be submitted in writing to the
Assistant Attorney General for National Security, Department of
Justice, Washington, DC 20530.
* * * * *
0
17. Amend Sec. 5.100 by revising paragraphs (a)(3) and (a)(5),
removing paragraph (a)(6), and redesignating paragraphs (a)(7) through
(a)(13) as paragraphs (a)(6) through (a)(12) to read as follows:
Sec. 5.100 Definition of terms.
(a) * * *
* * * * *
(3) The term Assistant Attorney General means the Assistant
Attorney General for National Security, Department of Justice,
Washington, DC 20530.
* * * * *
(5) The term rules and regulations includes the regulations in this
part and all other rules and regulations prescribed by the Attorney
General pursuant to the Act and all registration forms and instructions
thereon that may be prescribed by the regulations in this part or by
the Assistant Attorney General for National Security.
* * * * *
0
18. In Sec. 5.501, remove the words ``Criminal Division'' and add, in
their place, the words ``National Security Division''.
PART 12--REGISTRATION OF CERTAIN PERSONS HAVING KNOWLEDGE OF
FOREIGN ESPIONAGE, COUNTERESPIONAGE, OR SABOTAGE MATTERS UNDER THE
ACT OF AUGUST 1, 1956
0
19. The authority citation for part 12 is revised to read as follows:
Authority: Sec. 5, 70 Stat. 900; 50 U.S.C. 854.
0
20. Revise Sec. 12.2 to read as follows:
Sec. 12.2 Administration of act.
The administration of the act is assigned to the National Security
Division, Department of Justice. Communications with respect to the act
shall be addressed to the National Security Division, Department of
Justice, Washington, DC 20530. Copies of the act and the regulations
contained in this part, including the forms mentioned therein, may be
obtained upon request without charge.
0
21. Revise 12.20 to read as follows:
Sec. 12.20 Filing of registration statement.
Registration statements shall be filed in duplicate with the
National Security Division, Department of Justice, Washington, DC
20530. Filing may be made in person or by mail, and shall be deemed to
have taken place upon the receipt thereof by the Division.
PART 17--CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO
CLASSIFIED INFORMATION
0
22. The authority citation for part 17 is revised to read as follows:
Authority: 28 U.S.C. 501, 509, 510, 515-519; 5 U.S.C. 301; E.O.
12958, 60 FR 19825, 3 CFR, 1995 Comp., p. 333; E.O. 12968, 60 FR
40245, 3 CFR, 1995 Comp., p. 391; 32 CFR part 2001.
[[Page 10069]]
Sec. 17.1 [Amended]
0
23. In Sec. 17.1(a) remove the words ``Office of Intelligence Policy
and Review'' and add, in their place, the words ``National Security
Division''.
0
24. Revise Sec. 17.13 to read as follows:
Sec. 17.13 National Security Division; interpretation of Executive
Orders.
(a) The Assistant Attorney General for National Security or a
designee shall represent the Attorney General at interagency meetings
on matters of general interest concerning national security
information.
(b) The Assistant Attorney General for National Security shall
provide advice and interpretation on any issues that arise under
Executive Orders 12958 and 12968 and shall refer such questions to the
Office of Legal Counsel, as appropriate.
(c) Any request for interpretation of Executive Order 12958 or
Executive Order 12968, pursuant to section 6.1(b) of Executive Order
12958, and section 7.2(b) of Executive Order 12968, shall be referred
to the Assistant Attorney General for National Security, who shall
refer such questions to the Office of Legal Counsel, as appropriate.
0
25. Revise Sec. 17.14(b)(1) to read as follows:
Sec. 17.14 Department Review Committee.
* * * * *
(b)(1) The DRC shall consist of a senior representative designated
by the:
(i) Deputy Attorney General;
(ii) Assistant Attorney General, Office of Legal Counsel;
(iii) Assistant Attorney General, Criminal Division;
(iv) Assistant Attorney General, Civil Division;
(v) Assistant Attorney General for National Security;
(vi) Assistant Attorney General for Administration; and
(vii) Director, Federal Bureau of Investigation.
* * * * *
Sec. 17.15 [Amended]
0
26. In Sec. 17.15(b), remove the words ``Counsel for Intelligence
Policy'' and add, in their place, the words ``Assistant Attorney
General for National Security''.
0
27. Revise Sec. 17.18(b), (i), (j)(2), and (j)(3) to read as follows:
Sec. 17.18 Prepublication review.
* * * * *
(b) Persons subject to these requirements are invited to discuss
their plans for public disclosures of information that may be subject
to these obligations with authorized Department representatives at an
early stage, or as soon as circumstances indicate these policies must
be considered. Except as provided in paragraph (j) of this section for
FBI personnel, all questions concerning these obligations should be
addressed to the Assistant Attorney General for National Security,
Department of Justice, 950 Pennsylvania Avenue, NW., Washington, DC
20530. The official views of the Department on whether specific
materials require prepublication review may be expressed only by the
Assistant Attorney General for National Security and persons should not
act in reliance upon the views of other Department personnel.
* * * * *
(i) The Assistant Attorney General for National Security or a
designee (or, in the case of FBI employees, the Section Chief, Records/
Information Dissemination Section, Records Management Division) will
respond substantively to prepublication review requests within 30
working days of receipt of the submission. Priority shall be given to
reviewing speeches, newspaper articles, and other materials that the
author seeks to publish on an expedited basis. The Assistant Attorney
General's decisions may be appealed to the Deputy Attorney General, who
will process appeals within 15 days of receipt of the appeal. The
Deputy Attorney General's decision is final and not subject to further
administrative appeal. Persons who are dissatisfied with the final
administrative decision may obtain judicial review either by filing an
action for declaratory relief, or by giving the Department notice of
their intention to proceed with publication despite the Department's
request for deletions of classified information and giving the
Department 30 working days to file a civil action seeking a court order
prohibiting disclosure. Employees and other affected individuals remain
obligated not to disclose or publish information determined by the
Government to be classified until any civil action is resolved.
(j) * * *
* * * * *
(2) FBI employees required to sign nondisclosure agreements
containing a provision for prepublication review pursuant to this
subpart shall submit materials for review to the Section Chief,
Records/Information Dissemination Section, Records Management Division.
Such individuals shall also submit questions as to whether specific
materials require prepublication review under such agreements to that
Section for resolution. Where such questions raise policy questions or
concern significant issues of interpretation under such an agreement,
the Section Chief, Records/Information Dissemination Section, Records
Management Division, shall consult with the Assistant Attorney General
for National Security, or a designee, prior to responding to the
inquiry.
(3) Decisions of the Section Chief, Records/Information
Dissemination Section, Records Management Division, concerning the
deletion of classified information, may be appealed to the Director,
FBI, who will process appeals within 15 working days of receipt.
Persons who are dissatisfied with the Director's decision may, at their
option, appeal further to the Deputy Attorney General as provided in
paragraph (i) of this section. Judicial review, as set forth in that
paragraph, is available following final agency action in the form of a
decision by the Director, if the appeal process in paragraph (i) of
this section is pursued, the Deputy Attorney General.
Sec. 17.42 [Amended]
0
28. In Sec. 17.42(a), remove the words ``Counsel for Intelligence
Policy'' and add, in their place, the words ``Assistant Attorney
General for National Security''.
PART 65--EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE
0
29. The authority citation for part 65 continues to read as follows:
Authority: The Comprehensive Crime Control Act of 1984, Title
II, Chap. VI, Div. I, Subdiv. B, Emergency Federal Law Enforcement
Assistance, Pub. L. 98-473, 98 Stat. 1837, Oct. 12, 1984 (42 U.S.C.
10501 et seq.); 8 U.S.C. 1101 note; Sec. 610, Pub. L. 102-140, 105
Stat. 832.
0
30. Revise Sec. 65.70(c) to read as follows:
Sec. 65.70 Definitions.
* * * * *
(c) Federal law enforcement community. The term Federal law
enforcement community is defined by the Act as the heads of the
following departments or agencies:
(1) Federal Bureau of Investigation;
(2) Drug Enforcement Administration;
(3) Criminal Division of the Department of Justice;
(4) Internal Revenue Service;
(5) Customs Service;
(6) Department of Homeland Security;
(7) U.S. Marshals Service;
(8) National Park Service;
(9) U.S. Postal Service;
(10) Secret Service;
(11) U.S. Coast Guard;
(12) Bureau of Alcohol, Tobacco, Firearms, and Explosives;
[[Page 10070]]
(13) National Security Division of the Department of Justice; and
(14) Other Federal agencies with specific statutory authority to
investigate violations of Federal criminal law.
* * * * *
PART 73--NOTIFICATIONS TO THE ATTORNEY GENERAL BY AGENTS OF FOREIGN
GOVERNMENTS
0
31. The authority citation for part 73 continues to read as follows:
Authority: 18 U.S.C. 951, 28 U.S.C. 509, 510.
Sec. 73.3 [Amended]
0
32. In Sec. 73.3(a) remove the words ``Registration Unit of the
Criminal Division'' and add, in their place, the words ``National
Security Division''.
Dated: February 14, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7-3755 Filed 3-6-07; 8:45 am]
BILLING CODE 4410-PF-P
