[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36846-36849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17770]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 2167-98]
Office of the Inspector General
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule sets forth the organization, authority, and
functions of the Office of the Inspector General, U.S. Department of
Justice (OIG). The OIG is an independent entity within the Department
of Justice under the general supervision of the Attorney General that
conducts investigations, audits, inspections, and management reviews of
Department personnel, programs, and operations. Investigations may
concern alleged criminal, civil, and/or administrative wrongdoing by
certain
[[Page 36847]]
Department employees, entities doing business with the Department, and
third parties seeking to improperly influence Department employees.
Audits, inspections, and management reviews are designed to determine
the efficiency and effectiveness of Department programs; to prevent,
detect, and eliminate fraud, waste, and abuse; and to recommend, where
appropriate, improvements in operations.
EFFECTIVE DATE: June 25, 1998.
FOR FURTHER INFORMATION CONTACT:
Howard L. Sribnick, General Counsel, Office of the Inspector General,
Department of Justice, 950 Pennsylvania Avenue, N.W., Room 4261,
Washington, D.C. 20530, telephone (202) 616-0646.
SUPPLEMENTARY INFORMATION: This section was not published for public
comment because it pertains to a matter of internal Department
management. In accordance with 5 U.S.C. 605(b), the Attorney General
certifies that this rule does not have a significant adverse economic
impact on a substantial number of small entities and does not have an
effect beyond the internal operating procedures of the Department or
the OIG. This rule is not considered to be a rule within the meaning of
section 3(d) of Executive Order 12866, nor does this rule have
federalism implications warranting the preparation of a federalism
assessment in accordance with section 6 of Executive Order 12612.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organizations and functions (Government agencies), Whistleblowing.
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, Part 0 of 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. 302; 28 U.S.C. 509, 510, 515-519.
2. A new subpart E-4 is added to read as follows:
Subpart E-4--Office of the Inspector General
Sec.
0.29 Organization.
0.29a General functions.
0.29b Reporting allegations of waste, fraud, or abuse.
0.29c Reporting allegations of employee misconduct.
0.29d Whistleblower protection for FBI employees.
0.29e Relationship to other departmental units.
0.29f Confidentiality.
0.29g Reprisals.
0.29h Specific authorities of the Inspector General.
0.29i Audit, inspection, and review authority.
0.29j Law enforcement authority.
Subpart E-4--Office of the Inspector General
Sec. 0.29 Organization.
(a) The Office of the Inspector General (OIG) is composed of the
Inspector General; the Deputy Inspector General; the Audit,
Inspections, Investigations, and Management and Planning Divisions; the
Special Investigations and Review Unit; and the Office of General
Counsel.
(b) The OIG is headquartered in Washington, DC. Investigations
Field Offices and Audit Regional Offices are located in Washington, DC
and throughout the United States. For a listing of specific office
locations, see the OIG Internet Website at http://www.usdoj.gov/oig.
Sec. 0.29a General functions.
(a) The OIG is a statutorily created independent entity within the
Department of Justice subject to the general supervision of the
Attorney General that conducts and supervises audits, inspections, and
investigations relating to the programs and operations of the
Department; recommends policies to promote economy, efficiency, and
effectiveness and to prevent and detect fraud and abuse in Departmental
programs and operations; and keeps the Attorney General and Congress
informed about the problems and deficiencies relating to the
administration of the Department and the necessity for and progress of
corrective action.
(b) In order to carry out its responsibilities the OIG:
(1) Audits and inspects Department programs and operations as well
as non-Department entities contracting with or receiving benefits from
the Department;
(2) Investigates allegations of criminal wrongdoing and
administrative misconduct on the part of Department employees, as
provided in Sec. 0.29c of this subpart;
(3) Investigates allegations that individuals and entities outside
of the Department have engaged in activity that adversely affects the
Department's programs and operations;
(4) Undertakes sensitive investigations of Department operations
and/or personnel, often at the request of senior Department officials
or Congress.
Sec. 0.29b Reporting allegations of waste, fraud, or abuse.
Employees shall report evidence and non-frivolous allegations of
waste, fraud, or abuse relating to the programs and operations of the
Department to the OIG or to a supervisor for referral to the OIG.
Sec. 0.29c Reporting allegations of employee misconduct.
(a) Reporting to the OIG. Evidence and non-frivolous allegations of
serious misconduct by Department employees shall be reported to the OIG
except as provided in Sec. 0.29c(b) through (d) of this section.
(b) Reporting to the Department's Office of Professional
Responsibility (DOJ-OPR). Employees shall report to DOJ-OPR evidence
and non-frivolous allegations of serious misconduct by Department
attorneys that relate to the exercise of their authority to
investigate, litigate, or provide legal advice. Employees shall also
report to DOJ-OPR evidence and non-frivolous allegations of serious
misconduct by Department law enforcement personnel that are related to
allegations of misconduct by a Department attorney that relate to the
exercise of the attorney's authority to investigate, litigate, or
provide legal advice.
(c) Reporting to the Drug Enforcement Administration Office of
Professional Responsibility (DEA-OPR). Evidence and non-frivolous
allegations of serious misconduct by employees of the Drug Enforcement
Administration (DEA) shall be reported to the Drug Enforcement
Administration Office of Professional Responsibility (DEA-OPR) or to
the Deputy Attorney General.
(d) Reporting to the Federal Bureau of Investigation Office of
Professional Responsibility (FBI-OPR). Evidence and non-frivolous
allegations of serious misconduct by employees of the Federal Bureau of
Investigation (FBI) shall be reported to the FBI-OPR except as provided
in Sec. 0.29d of this subpart, or to the Deputy Attorney General.
Sec. 0.29d Whistleblower protection for FBI employees.
(a) Protected disclosures by FBI employees. Disclosures of
information by an FBI employee that the employee reasonably believes
evidences a violation of any law, rule, or regulation, or
mismanagement, gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety are
protected disclosures and may be reported to the OIG, DOJ-OPR, or FBI-
OPR. The OIG
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and DOJ-OPR shall refer such allegations to FBI-OPR for investigation
unless the Deputy Attorney General determines that such referral shall
not be made.
(b) Allegations of retaliation against FBI employees. Allegations
of retaliation against an employee of the FBI who makes a protected
disclosure shall be reported to the OIG, DOJ-OPR, or the Deputy
Attorney General.
Sec. 0.29e Relationship to other departmental units.
(a) The OIG works cooperatively with other Department components to
assure that allegations of employee misconduct are investigated by the
appropriate entity:
(1) The OIG refers to DOJ-OPR, FBI-OPR, or DEA-OPR allegations of
misconduct within their respective jurisdiction and may refer to
another component the investigation of an allegation of that component;
(2) DOJ-OPR refers to the OIG, FBI-OPR, or DEA-OPR allegations
involving misconduct by Department attorneys or investigators that do
not relate to the exercise of an attorney's authority to investigate,
litigate, or provide legal advice;
(3) The FBI and DEA provide contemporaneous notice to the OIG of
all allegations of serious criminal conduct and serious administrative
misconduct regarding their respective senior employees (grade 15 and
above) and all work-related serious criminal conduct (except travel
voucher fraud or false statements) regarding their other employees;
(4) The OIG and the FBI notify each other of the existence of
criminal investigations that fall within their joint jurisdiction to
investigate crimes involving the operations of the Department, except
where such notification could compromise the integrity of an
investigation;
(5) Other Department components report to the OIG all allegations
of serious misconduct involving any of their employees except
allegations involving Department attorneys and investigators that
relate to an attorney's authority to litigate, investigate, or provide
legal advice;
(6) At the request of the Inspector General, the Deputy Attorney
General may assign to the OIG a matter within the investigative
jurisdiction of another internal investigative component. In such
instances, the OIG shall either:
(i) Notify the component of its request to the Deputy Attorney
General or
(ii) Request that the Deputy Attorney General determine that such
notification would undermine the integrity of the investigation nor
jeopardize the interests of the complainant.
(7) While an issue of investigative jurisdiction or assignment is
pending before the Deputy Attorney General, neither the OIG nor the
other investigative component shall undertake any investigative
activity without authorization from the Deputy Attorney General.
(b) OIG investigations that result in findings of potential
criminal misconduct or civil liability are referred to the appropriate
prosecutorial or litigative office.
(c) The OIG advises DOJ-OPR of the existence and results of any
investigation that reflects upon the ethics, competence, or integrity
of a Department attorney for appropriate action by DOJ-OPR.
(d) OIG investigations that result in findings of administrative
misconduct are reported to management for appropriate disposition.
Sec. 0.29f Confidentiality.
The Inspector General shall not, during the pendency of an
investigation, disclose the identity of an employee who submits a
complaint to the OIG without the employee's consent, unless the
Inspector General determines that such disclosure is unavoidable in the
course of the investigation.
Sec. 0.29g Reprisals.
Any employee who has authority to take, direct others to take,
recommend, or approve any personnel action shall not, with respect to
such authority, take or threaten to take any action against any
employee as a reprisal for the employee making a complaint or
disclosing information to the OIG unless the complaint was made or the
information was disclosed with knowledge that it was false or with
willful disregard for its truth or falsity.
Sec. 0.29h Specific authorities of the Inspector General.
The Inspector General is authorized to:
(a) Conduct investigations and issue reports relating to the
administration of the programs and operations of the Department as are,
in the judgment of the Inspector General, necessary or desirable;
(b) Receive and investigate complaints or information from an
employee of the Department concerning the possible existence of an
activity constituting a violation of law, rules, or regulations, or
mismanagement, gross waste of funds, an abuse of authority, or a
substantial and specific danger to the public health and safety;
(c) Have direct and prompt access to the Attorney General when
necessary for any purpose pertaining to the performance of the
functions and responsibilities of the OIG;
(d) Have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material available to the
Department and its components that relate to programs and operations
with respect to which the OIG has responsibilities unless the Attorney
General notifies the Inspector General, in writing, that such access
shall not be available because it is necessary to prevent the
disclosure of
(1) Sensitive information concerning ongoing civil or criminal
investigations or proceedings;
(2) Undercover operations;
(3) The identity of confidential sources, including protected
witnesses;
(4) Intelligence or counterintelligence matters; or
(5) Other matters the disclosure of which would constitute a
serious threat to national security or significantly impair the
national interests of the United States;
(e) Request such information or assistance as may be necessary for
carrying out the duties and responsibilities of the OIG from any
office, board, division, or component of the Department, and any
Federal, State, or local governmental agency or unit thereof;
(f) Issue subpoenas to individuals, and entities, other than
Federal government agencies, for the production of information,
records, data, and other documentary evidence necessary to carry out
the functions of the OIG;
(g) Obtain information from Federal government agencies by means
other than subpoena and advise the head of such agency whenever
information is unreasonably refused or not provided;
(h) Select, appoint, and employ such officers and employees as may
be necessary for carrying out the functions, powers, and duties of the
OIG;
(i) Employ on a temporary basis such experts and consultants as may
be necessary to carry out the duties of the OIG;
(j) Enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and with
private persons, and to make such payments as may be necessary to carry
out the duties of the OIG;
(k) Take from any person an oath, affirmation, or affidavit
whenever necessary in the performance of the functions of the OIG.
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Sec. 0.29i Audit, inspection, and review authority.
The OIG is authorized to perform audits, inspections, and reviews
of the programs and operations of the Department of Justice and of
entities contracting with or obtaining benefits from the Department.
Sec. 0.29j Law enforcement authority.
Special Agents of the OIG are deputized on an annual basis as
Deputy United States Marshals at the direction of the Deputy Attorney
General and are authorized to:
(a) Detect and assist in the prosecution of crimes in violation of
the laws of the United States and to conduct such other investigations
regarding matters that are within the jurisdiction of the Inspector
General;
(b) Carry firearms;
(c) Seek and execute search and arrest warrants;
(d) Arrest without warrant any person committing any offense in the
presence of an OIG Special Agent or whom the Agent has reasonable
grounds to believe has committed or is committing a felony;
(e) Serve legal writs, summons, complaints, and subpoenas issued by
the Inspector General or by a Federal grand jury;
(f) Receive, transport, and provide safekeeping of arrestees and
other persons in the custody of the Attorney General, or detained
aliens.
Dated: June 25, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-17770 Filed 7-7-98; 8:45 am]
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