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8 March 2007
[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Rules and Regulations]
[Page 10064-10070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr07-10]
=======================================================================
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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.
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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]
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