[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Rules and Regulations]
[Pages 35334-35335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16704]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 1975-95]
Personnel and Administrative Authorizations
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule delegates to the Administrator of the Drug
Enforcement Administration the authority to administer the Federal
Bureau of Investigation-Drug Enforcement Administration Senior
Executive Service (FBI-DEA SES) with respect to personnel within the
Drug Enforcement Administration. This action is being undertaken to
promote administrative efficiency.
EFFECTIVE DATE: July 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Valerie M. Willis, Executive Resources Coordinator, Department of
Justice, National Place Building, Suite 1155, 1331 Pennsylvania Avenue
NW., Washington, D.C. 20530; (202) 514-6794.
SUPPLEMENTARY INFORMATION: In 1992, pursuant to 5 U.S.C. 3151, the
Attorney General established a personnel system for senior personnel
within the Federal Bureau of Investigation (FBI) and the Drug
Enforcement Administration (DEA), to be known as the FBI-DEA Senior
Executive Service (FBI-DEA SES). With respect to SES personnel within
the FBI, the Director of the FBI was authorized to exercise the
administrative authority statutorily conferred upon the Attorney
General, 5 CFR 0.157(c); with respect to personnel within the DEA, that
administrative authority was delegated to the Deputy Attorney General,
5 CFR 0.157(d). The Attorney General is revising 5 CFR 0.157 and
related sections of 28 CFR part 0, subpart X to delegate to the
Administrator of the DEA the authority to administer the FBI-DEA SES
with respect to personnel within the DEA.
The Attorney General, in accordance with 5 U.S.C. 605(b), certifies
that this rule will not have a significant impact on a substantial
number of small business entities. This rule is not considered to be a
``significant regulatory action'' within the meaning of section 3(f) of
E.O. 12866, nor does this rule have Federalism implications warranting
the preparation of a Federalism Assessment in accordance with E.O.
12612. This rule is a rule of agency organization, and therefore is
exempt from the notice requirement of 5 U.S.C. 553(b), and is made
effective upon issuance. This rule is not considered to have a
significant impact on family formation, maintenance, and general well-
being, in accordance with E.O. 12606.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies); Government employees;
Organization and functions (Government agencies); Whistleblowing.
[[Page 35335]]
Accordingly, part 0, subpart X 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 is revised to read as follows:
Authority: 5 U.S.C. 301, 3151; 28 U.S.C. 509, 510, 515-519.
2. Section 0.137 of subpart X is revised to read as follows:
Sec. 0.137 Federal Bureau of Investigation and Drug Enforcement
Administration.
Except as to persons in Senior Executive Service positions
reporting directly to the Director of the Federal Bureau of
Investigation or the Administrator or Deputy Administrator of the Drug
Enforcement Administration, the Director of the Federal Bureau of
Investigation and the Administrator of the Drug Enforcement
Administration are authorized, as to their respective jurisdictions, 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, including personnel in
wage board positions. All personnel actions under this section shall be
subject to post-audit and correction by the Assistant Attorney General
for Administration.
3. Section 0.138 of Subpart X is revised to read as follows:
Sec. 0.138 Bureau of Prisons, Federal Prison Industries, Immigration
and Naturalization Service, United States Marshals Service, Executive
Office for U.S. Attorneys.
The Director of the Bureau of Prisons, the Commissioner of Federal
Prison Industries, the Commissioner of Immigration and Naturalization,
the Director of the U.S. Marshals Service, and the Director of the
Executive Office for U.S. Attorneys 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)).
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 of subpart X is amended, by revising the heading
and paragraphs (c) and (d) and by adding paragraph (e), to read as
follows:
Sec. 0.157 Federal Bureau of Investigation--Drug Enforcement
Administration Senior Executive Service.
* * * * *
(c) With respect to personnel within the FBI and the DEA who report
directly to the Director of the FBI or to the Administrator or Deputy
Administrator of the DEA, the Deputy Attorney General is authorized to
exercise the authority conferred upon the Attorney General by 5 U.S.C.
3151 and shall ensure that the FBI-DEA SES is designed and administered
in compliance with all statutory and regulatory requirements.
(d) With respect to personnel within the FBI and the DEA not
covered by paragraph (c) of this section, and consistent with paragraph
(b) of this section and Sec. 0.137, the Director of the FBI and the
Administrator of the DEA are authorized to exercise for their
respective jurisdictions the authority conferred upon the Attorney
General by 5 U.S.C. 3151 and shall ensure that the FBI-DEA SES is
designed and administered in compliance with all statutory and
regulatory requirements.
(e) The Attorney General retains the authority to recommend members
of the FBI-DEA SES for Presidential rank awards.
Dated: June 30, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-16704 Filed 7-6-95; 8:45 am]
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