[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Rules and Regulations]
[Pages 44682-44683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18213]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Order No. 2314-2000]


Delegation of Authority: Settlement Authority

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule delegates authority to the Director of the Federal 
Bureau of Investigation (FBI) to settle administrative claims presented 
pursuant to the Federal Tort Claims Act (FTCA), where the amount of the 
settlement does not exceed $50,000. Currently, the Director of the FBI 
has authority to settle FTCA claims not exceeding $10,000. This rule 
will alert the general public to the Federal Bureau of Investigation's 
new authority and is being codified in the Code of Federal Regulations 
to provide a permanent record of this delegation.

EFFECTIVE DATE: July 19, 2000.

FOR FURTHER INFORMATION CONTACT: Larry R. Parkinson, General Counsel, 
Federal Bureau of Investigation, U.S. Department of Justice, 935 
Pennsylvania Ave. NW, Washington, DC 20535; (202) 324-3000.

SUPPLEMENTARY INFORMATION: This rule has been issued to delegate 
settlement authority and is a matter solely related to the division of 
responsibility within the Department of Justice. It relates to matters 
of agency policy, management, or personnel, and is therefore exempt 
from the usual requirements of prior notice and comment, and a 30-day 
delay in the effective date. See 5 U.S.C. 553(a)(2), (b)(A).

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, was not reviewed by OMB.

Executive Order 13132

    This regulation 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 Executive 
Order 13132 the Department of Justice has determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this regulation and, by approving 
it, certifies that this regulation will not have a significant economic 
impact upon a substantial number of small entities. This rule pertains 
to delegations of authority within the Department of Justice and does 
not affect the Department of Justice's overall authority to act on tort 
claims.

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 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100,000,000 or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation; or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Larry R. Parkinson at the 
address and telephone number given above.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees,

[[Page 44683]]

Organization and functions (Government agencies), Whistleblowing.

    Accordingly, 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 for part 0 continues to read as follows:

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

    2. Section 0.89a of part 0, subpart P, is amended by revising 
paragraph (a) to read as follows:


Sec. 0.89a  Delegations respecting claims against the FBI.

    (a) The Director of the Federal Bureau of Investigation is 
authorized to exercise the power and authority vested in the Attorney 
General Under 28 U.S.C. 2672 to consider, ascertain, adjust, determine, 
and settle any claim thereunder not exceeding $50,000 in any one case 
caused by the negligent or wrongful act or omission of any employee of 
the Federal Bureau of Investigation.
* * * * *

    Dated: July 11, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-18213 Filed 7-18-00; 8:45 am]
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