National Security Division; Privacy Act of 1974; System of Records, 26158-26159 [E7-8766]

Agencies

• Department of Justice

[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26158-26159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8766]


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DEPARTMENT OF JUSTICE

 [AAG/A Order No. 014-2007]


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 designated CRM-018, 
``Registration Files of Individuals Who Have Knowledge of, or Have 
Received Instruction or Assignment in, Espionage, Counterespionage, or 
Sabotage Service or Tactics of a Foreign Government or of a Foreign 
Political Party,'' was last published in the Federal Register on 
December 11, 1987 (52 FR 47197). It is being revised and redesignated 
as a new system of records with the same name, under the newly created 
National Security Division (NSD) in the Department of Justice, 
designated JUSTICE/NSD-003. The Department hereby removes, on the 
effective date of this notice, the former notice of CRM-018.

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: Robert E. Wallace, (202) 514-1187.

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-003

SYSTEM NAME:
    Registration Files of Individuals Who Have Knowledge of, or Have 
Received Instruction or Assignment in, Espionage, Counterespionage, or 
Sabotage Service or Tactics of a Foreign Government or of a Foreign 
Political Party.

SECURITY CLASSIFICATION:
    Unclassified.

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

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons who have registered under 50 U.S.C. 851 et seq. as having 
knowledge of, or having received instruction in, espionage, 
counterespionage, or sabotage service or tactics of a foreign 
government or of a foreign political party.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains the statement of the registrant and other 
documents required to be filed under 50 U.S.C. 851. The system is a 
public record except that certain statements may be withdrawn from 
public examination pursuant to 50 U.S.C. 853 and 28 CFR 12.40 by the 
Attorney General having due regard for national security and the public 
interest.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system is established and maintained pursuant to 50 U.S.C. 851 
et seq. The system is also maintained to implement the provisions 
codified in 28 CFR part 12.

PURPOSE(S):
    The system is maintained to enable the Registration Unit, 
Counterespionage Section, National Security Division, to implement the 
various provisions of Title 50, United States Code, Section 851. The 
system provides for the public examination of the registration 
statements filed by certain persons who have knowledge of or have 
received instruction or assignment in the espionage, counterespionage, 
or sabotage service or tactics of a foreign government or foreign 
political party.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    As prescribed by 50 U.S.C. 853, a portion of the records in this 
system are public records and may be disclosed to any individual, 
organization, or government agency; non public records, i.e. records 
withdrawn by the Attorney General from public examinations may be 
disclosed as follows:
    To a Member of Congress or staff acting upon the Member's behalf 
when 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.

[[Page 26159]]

    To appropriate officials and employees of a federal agency or 
entity that 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. A record 
contained in this system is stored manually on index cards and in file 
jackets. An automated alphabetical index is maintained and stored on 
magnetic disks.

RETRIEVABILITY:
    A record is retrieved by name of the individual registrant.

SAFEGUARDS:
    Records are safeguarded and protected in accordance with applicable 
Departmental security procedures.

RETENTION AND DISPOSAL:
    Staff is working with NARA to develop an appropriate schedule.

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

NOTIFICATION PROCEDURE:
    Same as the above.

RECORD ACCESS PROCEDURE:
    A request for access to a record from this system shall be made 
pursuant to the provisions of 28 CFR 12.40 and 12.41.

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. E7-8766 Filed 5-7-07; 8:45 am]
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