[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23657-23658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11268]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part O

[AG Order No. 2078-97]


Merger of the Office of Special Counsel for Immigration Related 
Unfair Employment Practices Into the Civil Rights Division

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This order will amend part O of Title 28 of the Code of 
Federal Regulations to reflect the merger of the Office of Special 
Counsel for Immigration Related Unfair Employment Practices into the 
Civil Rights Division. This merger and the related changes included in 
this order will enhance operational effectiveness and efficiency in the 
Division.

EFFECTIVE DATE: April 16, 1997.

FOR FURTHER INFORMATION CONTACT: DeDe Greene, Executive Officer, Civil 
Rights Division, United States Department of Justice, Washington, D.C. 
20530, telephone (202) 514-4224.

SUPPLEMENTARY INFORMATION: This order is a matter of internal 
Department management. It is not required to be, and has not been, 
published in proposed form for comment under 5 U.S.C. 153(b).
    The Department of Justice has determined that this order is not a

[[Page 23658]]

``significant regulatory action'' under E.O. 12866 because it imposes 
no new requirements. Therefore, this order has not been reviewed by the 
Office of Management and Budget.
    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this order and by approving it 
certifies that this order will not have a significant economic impact 
on a substantial number of small entities.
    This order 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 E.O. 12612, it is 
determined that this order does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

List of Subjects in 28 CFR Part O

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    By virtue of the authority vested in me as Attorney General by 5 
U.S.C. 301 and 28 U.S.C. 509 and 510, part O of title 28 of the Code of 
Federal Regulations is amended as follows:

PART O--[AMENDED]

    1. The authority citation for part O is revised to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

    2. Section 0.50 is amended by adding a new paragraph (m), to read 
as follows:


Sec. 0.50  General functions.

* * * * *
    (m) Community education, enforcement, and investigatory activities 
under section 102 of the Immigration Reform and Control Act of 1986, as 
amended.
    3. A new section 0.53 is added to subpart J, to read as follows:


Sec. 0.53  Office of Special Counsel for Immigration Related Unfair 
Employment Practices.

    (a) The Office of Special Counsel for Immigration Related Unfair 
Employment Practices shall be headed by a Special Counsel for 
Immigration Related Unfair Employment Practices (``Special Counsel''). 
The Special Counsel shall be appointed by the President for a term of 
four years, by and with the advice and consent of the Senate, pursuant 
to section 102 of the Immigration Reform and Control Act of 1986, as 
amended. The Office of Special Counsel shall be part of the Civil 
Rights Division of the Department of Justice, and the Special Counsel 
shall report directly to the Assistant Attorney General, Civil Rights 
Division.
    (b) In carrying out his or her responsibilities under the 
Immigration Reform and Control Act of 1986, as amended, the Special 
Counsel is authorized to:
    (1) Investigate charges of immigration-related unfair employment 
practices filed with the Office of Special Counsel and, when 
appropriate, file complaints with respect to those practices before 
specially designated administrative law judges within the Office of the 
Chief Administrative Hearing Officer, U.S. Department of Justice;
    (2) Intervene in proceedings involving complaints of immigration-
related unfair employment practices that are brought directly before 
such administrative law judges by parties other than the Special 
Counsel;
    (3) Conduct, on his or her own initiative, investigations of 
immigration-related unfair employment practices and, where appropriate, 
file complaints with respect to those practices before such 
administrative law judges;
    (4) Conduct, handle, and supervise litigation in U.S. District 
Courts for judicial enforcement of orders of administrative law judges 
regarding immigration-related unfair employment practices;
    (5) Initiate, conduct, and oversee activities relating to the 
dissemination of information to employers, employees, and the general 
public concerning immigration-related unfair employment practices;
    (6) Establish such regional offices as may be necessary;
    (7) Perform such other functions as the Assistant Attorney General, 
Civil Rights Division shall direct; and
    (8) Delegate to any of his or her subordinates any of the 
authority, functions, or duties vested in him or her.
    4. Subpart V-2 (Secs. 0.129-0.129b) is removed.

    Dated: April 16, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-11268 Filed 4-30-97; 8:45 am]
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