[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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