10064 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 

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 


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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. 

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, 

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. 

■ 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 

■ 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. 

§ 0.1 [Amended] 

■ 2. Amend § 0.1 as follows: 

■ a. In the list of Offices, remove the 

title ‘‘Office of Intelligence and Policy 

Review’’. 

■ b. In the list of Offices, add the title 

‘‘Executive Office for Immigration 

Review’’ after the entry ‘‘Community 

Relations Service’’. 

■ c. In the list of Offices, add the title 

‘‘Professional Responsibility Advisory 

Office’’ at the end of the list. 

■ 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’’. 

■ e. In the list of Divisions, add after the 

newly-renamed entry ‘‘Land and 

Natural Resources Division’’ the title 

‘‘National Security Division’’. 

■ 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)’’. 

■ g. In the list of Bureaus, remove the 

title ‘‘Immigration and Naturalization 

Service’’. 

Subpart F–1—[Removed and 

Reserved] 

■ 3. Remove and reserve subpart F–1. 

■ 4. Revise paragraph (i) of § 0.55 to 

read as follows: 

§ 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 [Removed and 

Reserved] 

■ 5. Remove and reserve §§ 0.61, 0.62, 

and 0.64. 

■ 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. 

■ 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. 

■ 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. 

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. 

■ 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 

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. 

■ 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. 

■ 12. Add a new subpart N consisting of 

§ 0.72 to read as follows: 

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, 

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 

(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; 


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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. 

■ 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: 

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). 

■ 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 

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. 

■ 16. Amend § 5.2 as follows: 

■ a. In paragraph (a), remove the words 

‘‘Assistant Attorney General’’ and add, 

in their place, the words ‘‘Assistant 

Attorney General for National Security’’. 

■ b. Revise paragraph (d). 

■ c. In paragraph (g), remove the words 

‘‘Criminal Division’’ and add, in their 

place, the words ‘‘National Security 

Division’’. 

■ d. In paragraph (h), remove the words 

‘‘Criminal Division’’ in two places and 

add, in their place, the words ‘‘National 

Security Division’’. 

■ e. In paragraph (i), remove the words 

‘‘Criminal Division’’ and add, in their 

place, the words ‘‘National Security 

Division’’. 

■ 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. 

* * * * * 

■ 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 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. 

* * * * * 

■ 18. In § 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 

■ 19. The authority citation for part 12 

is revised to read as follows: 

Authority: Sec. 5, 70 Stat. 900; 50 U.S.C. 

854. 

■ 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. 

■ 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: 

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. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10069 

§ 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’’. 

■ 24. Revise § 17.13 to read as follows: 

§ 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. 

■ 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’’. 

■ 27. Revise § 17.18(b), (i), (j)(2), and 

(j)(3) to read as follows: 

§ 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. 

§ 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’’. 

PART 65—EMERGENCY FEDERAL 

LAW ENFORCEMENT ASSISTANCE 

■ 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. 

■ 30. Revise § 65.70(c) to read as 

follows: 

§ 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; 


sroberts on PROD1PC70 with RULES
10070 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

1The 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 

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. 

(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: 

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’’. 

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 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Interim final rule with request 

for comments. 

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 

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 http:// 

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 

http://www.regulations.gov and http:// 

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 

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 18- 

month 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 


sroberts on PROD1PC70 with RULES