[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Rules and Regulations]
[Pages 4294-4296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1900]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 2204-99]
Withdrawal of the Attorney General's Delegation of Gift-
Acceptance Authority to the Director of the Bureau of Prisons and the
Administrator of the Drug Enforcement Administration
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule eliminates current rules that delegate to the
Director of the Bureau of Prisons the Attorney
[[Page 4295]]
General's authority to accept gifts made to the Bureau of Prisons,
Federal Prisons Industries, and the Commissary Funds, Federal Prisons.
This rule also adds language to clarify that delegations to the
Administrator of the Drug Enforcement Administration of functions
vested in the Attorney General by the Comprehensive Drug Abuse
Prevention and Control Act of 1970, as amended, are qualified by the
Attorney General's right to reserve authority over any of those
functions and to grant some or all of those functions to other officers
or employees of the Department of Justice. The purpose of these changes
is to reflect the Attorney General's recent delegation of general gift-
acceptance authority to the Assistant Attorney General for
Administration. This action is being undertaken to promote
administrative efficiency.
EFFECTIVE DATE: January 28, 1999.
FOR FURTHER INFORMATION CONTACT: Dorothy L. Foley, Attorney-Advisor,
Office of the General Counsel, Justice Management Division, U.S.
Department of Justice, (202) 514-3452.
SUPPLEMENTARY INFORMATION: Currently, 28 CFR 0.96(f) delegates to the
Director of the Bureau of Prisons the authority vested in the Attorney
General, pursuant to 18 U.S.C. 4043, to accept ``gifts or bequests of
money for credit to the `Commissary Funds, Federal Prisons.''' Section
0.96(s) of title 28 of the Code of Federal Regulations delegates to the
Director of the Bureau of Prisons the authority vested in the Attorney
General pursuant to 18 U.S.C. 4044 ``to accept any form of devise,
bequest, gift or donation of money or property for use by the Bureau of
Prisons and Federal Prison Industries.''
Section 0.100(b) of title 28 of the Code of Federal Regulations
delegates to the Administrator of the Drug Enforcement Administration
``[f]unctions vested in the Attorney General by the Comprehensive Drug
Abuse Prevention and Control Act of 1970, as amended* * * and not
otherwise specifically assigned or reserved by him.'' 28 CFR 0.100(b).
Among the functions assigned to the Attorney General by the
Comprehensive Drug Abuse Prevention and Control Act of 1970, as
amended, is the authority to ``accept in the name of the Department of
Justice any form of devise, bequest, gift or donation where the donor
intends to donate property for the purpose of preventing or controlling
the abuse of controlled substances.'' 21 U.S.C. 871(c).
Recently-enacted legislation gave the Attorney General general
authority to accept gifts on behalf of all components of the Department
of Justice. 28 U.S.C. 524(d)(1). The Attorney General has delegated
this gift-acceptance authority to the Assistant Attorney General for
Administration. Department of Justice Order No. 2400.2 (September 2,
1997). Through this delegation to the Assistant Attorney General for
Administration, the Attorney General withdrew all previous delegations
of gift-acceptance authority to other components of the Department.
This rule reflects the withdrawal of that gift-acceptance authority by
removing the inconsistent delegation language of sections 0.96(f) and
(s) of title 28 of the Code of Federal Regulations regarding the
Director of the Bureau of Prisons and clarifying that the delegation of
functions to the Administrator of the Drug Enforcement Administration
in section 0.100(b) is qualified by other delegation of those functions
by the Attorney General.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section (1)(b), Principles of Regulation. The
Department of Justice has determined that this rule is not a regulation
or rule subject to review pursuant to Executive Order 12866, section
3(d)(3), and accordingly it has not been reviewed by the Office of
Management and Budget.
Unfunded Mandates Reform Act of 1995
This rules makes an administrative change in the Department's
internal regulations and 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 provision of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by the Small Business
Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This rule
makes an administrative change in the Department's internal regulations
concerning the acceptance of gifts by the Department and will not
result in an annual effect on the economy of $100,000,000 or more, a
major increase in cost or prices; or significant adverse effects on
competition, employment, investment, productivity, or innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this rule and, by approving it,
certifies that the rule will not have a significant economic impact on
a substantial number of small entities.
Executive Order 12612
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 12612, the Department of Justice has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Executive Order 12988
This rule meets the applicable standards provided in section 3(a)
and (b)(2) of Executive Order 12988.
Administrative Procedure Act
This rule was not published for public comment because it pertains
to a matter of internal Department of Justice management.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies); Government employees;
Organization and Functions (Government Agencies); Whistleblowing.
Accordingly, Part 0 of title 28 of the Code of Federal Regulation
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.
2. In Sec. 0.96 of Subpart Q of 28 CFR, remove paragraphs (f) and
(s) and redesignate paragraphs (g) through (v) as paragraphs (f)
through (t).
3. In Sec. 0.100 of Subpart R of 28 CFR, revise the first sentence
of paragraph (b) to read as follows:
Sec. 0.100 General functions.
* * * * *
(b) Except where the Attorney General has delegated authority to
another Department of Justice official to exercise such functions,
functions vested in the Attorney General by the Comprehensive
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Drug Abuse Prevention and Control Act of 1970, as amended. * * *
* * * * *
Dated: January 8, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-1900 Filed 1-27-99; 8:45 am]
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