[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 46845-46846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22349]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 2250-99]
Personnel and Administrative Authorizations
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule transfers the current delegations of authority for
personnel and certain administrative matters affecting General Schedule
grades GS-1 through GS-15 and wage board positions in the Federal
Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA)
contained in the Department of Justice regulations. The rule also
revises the regulations to add delegations of authority for the Office
of Justice Programs, the Executive Office for Immigration Review, and
the Executive Office for United States Trustees. This revision
consolidates the delegated authority for General Schedule grades GS-1
through GS-15 and wage board positions for all bureaus in one section.
Finally, this rule publishes the definition of ``career employee in the
civil service'' as it applies to the FBI-DEA Senior Executive Service
(SES) and clarifies the authority delegated to the Deputy Attorney
General will respect to personnel in the FBI-DEA SES.
EFFECTIVE DATE: August 17, 1999.
FOR FURTHER INFORMATION CONTACT: Valerie M. Willis, Assistant Director,
Executive Resources Group, Personnel Staff, Department of Justice,
National Place Building, Suite 1170, 1331 Pennsylvania Avenue, NW,
Washington, DC 20530, telephone (202) 514-6794.
SUPPLEMENTARY INFORMATION: The Department is consolidating in 28 CFR
0.138 the delegated authority for General Schedule grades GS-1 through
GS-15 and wage board positions for all Department components. These
delegations were previously included in two separate sections: 28 CFR
0.137 (delegations to the FBI and DEA) and 28 CFR 0.138 (delegations to
bureaus. Because section 0.138 currently does not include all the
components within the Department, this rule adds the Office of Justice
Programs, the Executive Office for Immigration Review, and the
Executive Office for United States Trustees to the components listed in
section 0.138, thereby consolidating in one section delegations for all
Department components.
This rule also publishes the definition of the term ``career
employee in the civil service'' as it applies to eligibility for
selection to the FBI-DEA SES in section 0.157. As provided in 5 U.S.C.
3151 (b)(2)(B), the Attorney General and the Director of the Office of
Personnel Management have consulted and agreed to the definition of
``career employee in the civil service'' added to section 0.157.
Section 0.157 has also been modified to clarify the authority
delegated to the Deputy Attorney General. It has been revised further
to remove current redelegations. Redelegations will be made in internal
guidance. Making redelegations by such guidance will allow greater
flexibility to the Department to redelegate when it is in the interest
of the Department to do so, e.g., where reorganizations occur within
the DEA or the FBI.
Administrative Procedure Act 5 U.S.C. 553
This rule is a rule of agency organization and is therefore exempt
from the notice requirement of 5 U.S.C. 553(b). This rule is made
effective upon signature.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the Attorney General 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. The rule
pertains only to personnel and administrative matters affecting the
Department.
Executive Order 12866
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 Executive Order 12866 section
3(d)(3) and therefore is not a ``regulation'' or ``rule'' as defined by
that Executive Order. Accordingly, this action has not been reviewed by
the Office of Management and Budget.
Executive Order 12612
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 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were
[[Page 46846]]
deemed necessary under the provisions of the Unfunded Mandates Reform
Act of 1995.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write to Valerie M. Willis, (202)
514-6794.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties. Accordingly, it is not a major rule
as defined by section 251 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), 5 U.S.C. 804. Therefore, the reporting
requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies), Whistleblowing.
According, 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. 301, 3151; 28 U.S.C. 509, 510, 515-519.
Sec. 0.137 [Removed and Reserved]
2. Section 0.137 of Subpart X is removed and reserved.
3. Section 0.138 is revised to read as follows:
Sec. 0.138 Federal Bureau of Investigation, Drug Enforcement
Administration, Bureau of Prisons, Federal Prison Industries,
Immigration and Naturalization Service, United States Marshals Service,
Office of Justice Programs, Executive Office for Immigration Review,
Executive Office for United States Attorneys, Executive Office for
United States Trustees.
(a) The Director of the Federal Bureau of Investigation, the
Administrator of the Drug Enforcement Administration, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization Service, the
Director of the United States Marshals Service, the Assistant Attorney
General for the Office of Justice Programs, the Director of the
Executive Office for Immigration Review, the Director of the Executive
Office for United States Attorneys, and the Director of the Executive
Office for United States Trustees are, as to their respective
jurisdictions, authorized to exercise the power and authority vested in
the Attorney General by law to take final action in matters pertaining
to the employment, direction, and general administration (including
appointment, assignment, training, promotion, demotion, compensation,
leave, awards, classification, and separation) of personnel in General
Schedule grades GS-1 through GS-15 and in wage board positions, but
excluding therefrom all attorney and U.S. Marshal positions. Such
officials are, as to their respective jurisdictions, authorized to
exercise the power and authority vested in the Attorney General by law
to employ on a temporary basis experts or consultants or organizations
thereof, including stenographic reporting services (5 U.S.C. 3109(b)).
(b) All personnel actions taken under this section shall be subject
to post-audit and correction by the Assistant Attorney General for
Administration.
4. Section 0.157 is amended by removing paragraph (e) and revising
paragraphs (b) through (d) to read as follows:
Sec. 0.157 Federal Bureau of Investigation-Drug Enforcement
Administration Senior Executive Service.
* * * * *
(b) Pursuant to 5 U.S.C. 3151(b)(2)(B), a career employee in the
civil service is one who occupies, or who within the last 5 years
occupied, a permanent position in the competitive service, a career-
type permanent position in the excepted service, or a permanent
position in the SES while serving under a career appointment. A career-
type permanent position in the excepted service does not include:
(1) A Schedule C position authorized under 5 CFR 213.3301;
(2) A position that meets the same criteria as a Schedule C
position; and
(3) A position where the incumbent is traditionally removed upon a
change in Presidential Administration.
(c) Except as to the position of Deputy Director of the FBI (which
remains subject to the exclusive authority of the Attorney General),
the FBI-DEA SES is subject to the overall supervision and direction of
the Deputy Attorney General, who shall ensure that the FBI-DEA SES is
designed and administered in compliance with all statutory and
regulatory requirements.
(d) The Attorney General retains the authority to recommend members
of the FBI-DEA SES for Presidential Rank Awards.
Dated: August 17, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-22349 Filed 8-26-99; 8:45 am]
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