[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26153-26156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8763]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 009-2007]


Privacy Act of 1974; System of Records

AGENCY: National Security Division, Department of Justice.

ACTION: New System of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, notice is given that the Department of Justice (DOJ) 
proposes to establish a

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new National Security Division (NSD) system of records entitled 
``Foreign Intelligence and Counterintelligence Records System, JUSTICE/
NSD-001.'' The new system of records incorporates three previous 
systems of records of the Office of Intelligence Policy and Review 
(OIPR): The ``Policy and Operational Records System, OIPR-001'' last 
published in the Federal Register January 26, 1984 (49 FR 3281); 
``Foreign Intelligence Surveillance Act Records System, OIPR-002'' last 
published in the Federal Register January 26, 1984 (49 FR 3282); and 
``Litigation Records System, OIPR-003'' last published in the Federal 
Register January 26, 1984 (49 FR 3284). These systems will be deleted 
on the effective date of the new system, NSD-001.

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 Privacy 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: GayLa Sessoms (202) 616-5460.

SUPPLEMENTARY INFORMATION: The National Security Division (NSD) was 
created by section 506 of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (``the Act''), by consolidating the 
resources of the Justice Department's three primary national security 
components: The Office of Intelligence Policy and Review (OIPR) 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.
DEPARTMENT OF JUSTICE/NSD-001

System Name:
    Foreign Intelligence and Counterintelligence Records System.

Security Classification:
    The majority of information in this system of records is 
classified. The remaining information is Sensitive But Unclassified.

System Location:
    United States Department of Justice, 950 Pennsylvania Ave., NW., 
Washington, DC 20530-0001.

Categories of Individuals Covered by the System:
    Individuals who are the subject of applications for electronic 
surveillance, physical search, and other foreign intelligence and 
foreign counterintelligence investigations authorized by the Foreign 
Intelligence Surveillance Court (FISC) pursuant to the Foreign 
Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. 1801 et 
seq. (FISA), Executive Order 12333, and other applicable executive 
orders governing foreign intelligence; individuals about whom 
information was obtained by a foreign intelligence electronic 
surveillance or other search where issues pertaining to the 
surveillance or search were raised in subsequent litigation; 
individuals whose activities are the subject of a properly authorized 
foreign intelligence, foreign counterintelligence, or international 
terrorism investigation, or investigative techniques not requiring 
approval from the FISC or whose activities form the crux of a foreign 
intelligence or counterintelligence policy or operational question; 
individuals who are not the subjects or proposed subjects of particular 
investigations or investigative techniques, but who are identified in 
connection with the authorities for such investigations or techniques, 
because of their communications or associations with such subjects or 
their involvement in related activities of foreign intelligence or 
counterintelligence (including counterterrorism) interest; and NSD 
attorneys.

Categories of Records in the System:
    The system consists of FISA applications, authorizations for 
foreign intelligence and foreign counterintelligence operations, 
supporting documentation, and FISC orders or Attorney General 
certifications, as appropriate. This includes notes, memoranda, legal 
opinions, and reports acquired or produced by the National Security 
Division (NSD) in the course of executing its assigned functions of 
preparing FISA applications. Included in this system are 
recommendations to the Attorney General concerning Attorney General 
authorizations for physical searches, pursuant to Executive Order 
(E.O.) 12333, and electronic surveillances abroad of United States 
persons that are requested by entities within the Intelligence 
Community pursuant to FISA and other applicable executive orders 
governing foreign intelligence. This system also includes documents 
related to authority to conduct particular investigations or to use 
certain techniques in particular investigations. Included in this 
system are legal opinions regarding questions of law and policy that 
relate to United States intelligence activities, and supporting 
documentation prepared in connection with litigation.

Authority for Maintenance of the System:
    This system was established and is maintained pursuant to 44 U.S.C. 
3101, 3103, 3105 and 28 CFR 0.72, to implement the provisions of 50 
U.S.C. 1801 et seq. as amended and the applicable executive order(s) 
governing foreign intelligence surveillance and classified national 
security information.

Purpose of the System:
    This system is maintained to enable NSD staff to prepare 
applications under FISA; maintain an accurate record of applications 
filed by the United States before the FISC; participate in the review, 
development, implementation and oversight of United States 
intelligence, counterintelligence, and national security policy 
matters; provide legal advice to the Attorney General and the United 
States intelligence agencies regarding questions of law and policy that 
relate to United States intelligence activities; support litigation 
issues pertaining to foreign intelligence collections; and, analyze, 
interpret, and comment upon proposed statutes, executive orders, 
guidelines and other directives pertaining to foreign intelligence, 
counterintelligence, and national security activities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    These records are routinely used by NSD staff in performing the 
duties ascribed to the NSD. Information may be disclosed from this 
system consistent

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with restrictions that apply to classified information, and consistent 
with the FISA, as follows:
    A. To any court, department, officer, agency, regulatory body or 
other authority of the United States, a state or a political 
subdivision thereof, or to any aggrieved person or representative of an 
aggrieved person, during the course of a trial, hearing, or other 
proceeding.
    B. 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.
    C. To the Administrative Office of the United States Courts and to 
Congress.
    D. To agencies or entities in the intelligence community that have 
submitted a policy or operational question to the NSD when the 
information is necessary in the course of providing legal advice in 
response to the question.
    E. 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.
    F. To the news media and the public, including disclosures pursuant 
to 28 CFR 50.2, unless it is determined that release of the information 
in the context of a particular case would constitute an unwarranted 
invasion of personal privacy.
    G. 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.
    H. 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.
    I. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.
    J. 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.

Disclosure to Consumer Reporting Agencies:
    None.

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 that contain classified national security information are 
stored in accordance with applicable executive orders, statutes, and 
agency implementing regulations.

Retrievability:
    Information is retrieved by the name of the actual or proposed 
target of the electronic surveillance or physical search, and persons 
in contact with the target. Information may also be retrieved by the 
caption of the litigation, including the names of individuals, and 
through the use of a subject matter index that includes the names of 
individuals. Information may also be retrieved by name of the NSD 
attorney assigned.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws, rules, and policies, including the Department's 
automated systems security and access policies. Classified information 
is appropriately stored in safes and in accordance with other 
applicable requirements. Records and technical equipment are maintained 
in a secured area with restricted access. The required use of password 
protection identification features and other system protection methods 
also restrict access.

Retention and Disposal:
    Records in this system are maintained and disposed of in accordance 
with all applicable statutory and regulatory requirements.

System Manager and Address:
    Deputy Counsel for Intelligence Policy, Office of Intelligence 
Policy & Review, National Security Division, U.S. Department of 
Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530-0001.

Notification Procedures:
    Address any inquiries to the System Manager listed above.

Record Access Procedures:
    A major part of this system is exempted from this requirement under 
subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H) and (I), 
(5) and (8); (f); (g); and (h) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2), (k)(1), (2), and (5). A determination as to exemption shall 
be made at the time a request for access is received. A request for 
access to records contained in this system shall be made in writing, 
with the envelope and letter clearly marked ``Privacy Act Request.'' 
The request should include the full name of the individual involved, 
the individual's current address, date and place of birth, and his or 
her signature which shall be notarized or made pursuant to 28 U.S.C. 
1746 as an unsworn declaration, along with any other information which 
may be of assistance in locating and identifying the record. The 
requester will also provide a return address for transmitting the 
information. Access requests will be directed to the System Manager 
listed above.

Contesting Record Procedures:
    Individuals seeking 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.

Record Source Categories:
    Sources of information contained in this system include 
applications to the FISC and supporting documents that include 
investigative reports from federal law enforcement and intelligence 
agencies and other executive branch departments, and agencies 
conducting foreign counterintelligence and terrorism investigations 
that are client agencies of the Department of Justice. Occasional 
information from state, local or foreign governments, copies of 
criminal, civil and appellate court documents and related material, and 
the work product of Department of Justice and federal

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agency attorneys may also be included within this system.

Exemptions Claimed for the System:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H) and (I), (5) and 
(8); (f); (g); and (h) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2), (k)(1), (2), and (5). Rules have been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and 
have been published in the Federal Register. These exemptions apply 
only to the extent that information in the system is subject to 
exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (2) or (5). A 
determination as to exemption shall be made at the time a request for 
access or amendment is received.

[FR Doc. E7-8763 Filed 5-7-07; 8:45 am]
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