[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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