National Security Division; Privacy Act of 1974; System of Records, 26156-26158 [E7-8765]

Agencies

• Department of Justice

[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26156-26158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8765]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 013-2007]


National Security Division; Privacy Act of 1974; System of 
Records

AGENCY: National Security Division, Department of Justice.

ACTION: Notice of new system of records.

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SUMMARY: This system of records, formerly entitled CRM-017, 
``Registration and Propaganda Files Under the Foreign Agents 
Registration Act of 1938, as amended,'' was last published in the 
Federal Register on May 11, 1988 (53 FR 16794). It is being revised and 
renamed as a new system of records under the newly created National 
Security Division (NSD) in the Department of Justice: JUSTICE/NSD-
002,''Registration and Informational Material Files Under the Foreign 
Agents Registration Act of 1938.'' The Department hereby removes, on 
the effective date of this notice, the former notice of CRM-017.

DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and 
(11), the public is given a 30-day period in which to comment. The 
Office of Management and Budget (OMB) which has oversight 
responsibility under the Act, has 40 days in which to conclude its 
review of the system. Therefore, please submit any comments by June 18, 
2007.

ADDRESSES: The public, OMB, and the Congress are invited to submit any 
comments to Mary E. Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (Room 
1400, National Place Building), facsimile number 202-307-1853.

FOR FURTHER INFORMATION CONTACT: Heather Hunt, (202) 514-1216.

SUPPLEMENTARY INFORMATION: The National Security Division (NSD) was 
created by section 506 of the USA PATRIOT Improvement and 
Reauthorization Act of 2005, by consolidating the resources of the 
Justice Department's three primary national security components: The 
Office of Intelligence Policy and Review and the Criminal Division's 
Counterterrorism and Counterespionage Sections. On March 7, 2007, the 
NSD published in the Federal Register, at 72 FR 10064, a final rule to 
amend title 28 of the Code of Federal Regulations (CFR) to reflect the 
establishment of the NSD and its mission and functions. The rule also 
made necessary amendments to the CFR to effect the changes necessary in 
the functions of the former Office of Intelligence and Policy Review 
and functions of the Criminal Division that are transferring to NSD.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: April 27, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
JUSTICE/NSD-002

SYSTEM NAME:
    Registration and Informational Material Files Under the Foreign 
Agents Registration Act of 1938.

SECURITY CLASSIFICATION:
    Sensitive but Unclassified.

SYSTEM LOCATION:
    U.S. Department of Justice; National Security Division; 950 
Pennsylvania Ave., NW., Washington, DC 20530.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons who have registered under the Foreign Agents Registration 
Act of 1938, as amended, (FARA), 22 U.S.C. 611 et seq., and persons 
referenced in correspondence or other files related to FARA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Automated alphabetical indices which include summary data such 
as registrant names, file numbers, dates of registration, and a 
synopsis of activities performed for a given foreign principal; and (2) 
file folders which contain copies of all registration statements and 
statements concerning the distribution of informational materials 
furnished under FARA.
    Other records related to subject matters described in this system 
may include related correspondence, inspection and/or investigative 
reports, and/or statements of any agent of a foreign principal whose 
activities have ceased to be of a character which requires registration 
under FARA.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system is established and maintained pursuant to 22 U.S.C. 611 
et seq. The system is also maintained to implement the provisions of 28 
CFR 0.72 and 28 CFR Part 5.

PURPOSE OF THE SYSTEM:
    The system is maintained to enable the Registration Unit, 
Counterespionage Section, National Security Division, to implement the 
various provisions of the Foreign Agents Registration Act of 1938, as 
amended, 22 U.S.C. 611 et seq. The system provides for the public 
examination of the registration statements filed by foreign agents 
engaged in activities for or on behalf of foreign governments, foreign 
political parties, or other foreign principals. Public examination 
helps to insure that the U.S. Government and the people of the United 
States are informed of the source of information and the identity of 
persons attempting to influence U.S. public opinion, policy, and laws.
    As prescribed by 22 U.S.C. 616(a), (b), and (c), the records in 
this system that are public records are open to public examination and 
inspection and copies of the same shall be furnished to every applicant 
at fees prescribed by 28 CFR 5.601. One copy of every registration 
statement filed under FARA and one copy of every amendment or 
supplement thereto filed under FARA shall be forwarded to the Secretary 
of State for such comment and use as the Secretary of State may 
determine to be appropriate from the point of view of the foreign 
relations of the United States.
    Public information obtained under FARA, including the names of 
registrants, copies of registration statements, or parts thereof, 
copies of informational materials, or other documents or information 
filed under FARA, may be furnished to departments and agencies in the 
executive branch and committees of the Congress.
    Other records related to the subject matters described in this 
system that are not available for public examination may be disclosed 
as follows.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To a Member of Congress or staff acting upon the Member's behalf 
when

[[Page 26157]]

the Member or staff requests the information on behalf of, and at the 
request of, the individual who is the subject of the record.
    To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, tribal, or foreign 
law enforcement authority or other appropriate entity charged with the 
responsibility for investigating or prosecuting such violation or 
charged with enforcing or implementing such law.
    To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance of a grant or benefit.
    A record may be disclosed to designated officers and employees of 
state, local (including the District of Columbia), or tribal law 
enforcement or detention agencies in connection with the hiring or 
continued employment of an employee or contractor, where the employee 
or contractor would occupy or occupies a position of public trust as a 
law enforcement officer or detention officer having direct contact with 
the public or with prisoners or detainees, to the extent that the 
information is relevant and necessary to the recipient agency's 
decision.
    In an appropriate proceeding before a court, or administrative or 
adjudicative body, when the Department of Justice determines that the 
records are arguably relevant to the proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or in informal 
discovery proceedings.
    To the news media and the public, including disclosures pursuant to 
28 CFR 50.2, unless it is determined that release of the specific 
information in the context of a particular case would constitute an 
unwarranted invasion of personal privacy.
    To Federal, state, local, tribal, foreign, or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.
    To the National Archives and Records Administration for purposes of 
records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    To a former employee of the Department for purposes of: Responding 
to an official inquiry by a federal, state, or local government entity 
or professional licensing authority, in accordance with applicable 
Department regulations; or facilitating communications with a former 
employee that may be necessary for personnel-related or other official 
purposes where the Department requires information and/or consultation 
assistance from the former employee regarding a matter within that 
person's former area of responsibility.
    To such recipients and under such circumstances and procedures as 
are mandated by federal statute or treaty.
    To complainants and/or victims to the extent necessary to provide 
such persons with information and explanations concerning the progress 
and/or results of the investigation or case arising from the matters of 
which they complained and/or of which they were a victim.
    To appropriate agencies, entities, and persons when (1) The 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    To any person or entity that the Registration Unit, 
Counterespionage Section, National Security Division has reason to 
believe possesses information regarding a matter within the 
jurisdiction of the Registration Unit, Counterespionage Section, 
National Security Division, to the extent deemed to be necessary by the 
Registration Unit, Counterespionage Section, National Security Division 
in order to elicit such information or cooperation from the recipient 
for use in the performance of an authorized activity.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored on paper, and/or in electronic 
form. Records are stored in accordance with applicable executive 
orders, statutes, and agency implementing regulations. Paper records 
contained in this system are stored manually on index cards and in file 
jackets; selected summary data, e.g., name and address of registrant, 
name of foreign principal, description of activities, and amount of 
money received, are stored on magnetic disks.

RETRIEVABILITY:
    Information and summary data is retrieved by registrant name. 
Summary data includes: Name and address of registrant, name of foreign 
principal, description of activities, amount of money received, and 
promotional material disseminated.

SAFEGUARDS:
    Some records in this system have been designated as public records 
by 22 U.S.C. 616. All other records in this system are safeguarded in 
accordance with applicable laws, rules, and policies, including the 
Department's automated systems security and access policies. Records 
and technical equipment are maintained in a secured area with 
restricted access. The required use of password protection 
identification features and other system protection methods also 
restrict access.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with a schedule 
approved by the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief, Foreign Agents Registration Unit, Counterespionage Section, 
National Security Division, U.S. Department of Justice, 950 
Pennsylvania Ave., NW., Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Same as the Above.

[[Page 26158]]

RECORD ACCESS PROCEDURES:
    A request for access to a record from this system shall be made 
pursuant to the provisions of 28 CFR 5.600 and 5.601.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the System Manager listed 
above, stating clearly and concisely what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information sought.

RECORD SOURCE CATEGORIES:
    The source of information contained in this system is the 
registrant.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

 [FR Doc. E7-8765 Filed 5-7-07; 8:45 am]
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