[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Rules and Regulations]
[Pages 47382-47383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22830]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[A.G. Order No. 2511-2001]


Organization; United States Marshals Service

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the regulation that describes the structure, 
functions, and responsibilities of the United States Marshals Service 
of the Department of Justice. The rule will describe fully the 
authority delegated to the Director of the United States Marshals 
Service to exercise the power and authority vested in the Attorney 
General under 18 U.S.C. 3521 to provide for the health, safety, and 
welfare of Government witnesses and their families.

EFFECTIVE DATE: September 4, 2001.

FOR FURTHER INFORMATION CONTACT: Gerald M. Auerbach, Senior Litigation 
Counsel, United States Marshals Service, 600 Army Navy Drive, CS-3, 
Arlington, Virginia, 22202-4210, (202) 307-9054.

SUPPLEMENTARY INFORMATION: The Department's description of the United 
States Marshals Service is being revised

[[Page 47383]]

in order to describe fully the authority delegated to the Director of 
the Service pursuant to 18 U.S.C. 3521. This description is contained 
in a new paragraph designated as Sec. 0.111b.

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel, 
and is therefore exempt from the usual requirements of prior notice and 
comment and a 30-day delay in effective date. See 5 U.S.C. 553(a)(2).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, 
certifies that it will not have a significant economic impact on a 
substantial number of small entities because it pertains to personnel 
and administrative matters affecting the Department. A Regulatory 
Flexibility Analysis was not required to be prepared for this final 
rule because the Department was not required to publish a general 
notice of proposed rulemaking for this matter.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with section 
1(b) of Executive Order 12866, Regulatory Planning and Review. The rule 
is limited to agency organization, management and personnel as 
described by section (3)(d)(3) of Executive Order 12866 and, therefore, 
is not a ``regulation'' or ``rule'' as defined by that Executive 
Oorder. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget.

Executive Order 13132

    This rule 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, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a federalism 
summary impact statement.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

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 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 (SBREFA), 5 
U.S.C. 804. This rule will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.
    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 ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Gerald M. Auerbach, Senior 
Litigation Counsel, at the address and telephone number listed above.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (government agencies), Whistleblowing.

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, 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; 28 U.S.C. 509, 510, 515-519.

Subpart T--United States Marshals Service

    2. Amend Part 0 to add new section 0.111b to read as follows:


Sec. 0.111B  Witness Security Program.

    (a) In connection with the protection of a witness, a potential 
witness, or an immediate family member or close associate of a witness 
or potential witness, the Director of the United States Marshals 
Service and officers of the United States Marshals Service designated 
by the Director may:
    (1) Provide suitable documents to enable the person to establish a 
new identity or otherwise protect the person;
    (2) Provide housing for the person;
    (3) Provide for the transportation of household furniture and other 
personal property to a new residence of the person;
    (4) Provide to the person a payment to meet basic living expenses 
in a sum established in accordance with regulations issued by the 
Director, for such time as the Attorney General determines to be 
warranted;
    (5) Assist the person in obtaining employment;
    (6) Provide other services necessary to assist the person in 
becoming self-sustaining;
    (7) Protect the confidentiality of the identify and location of 
persons subject to registration requirements as convicted offenders 
under Federal or State law, including prescribing alternative 
procedures to those otherwise provided by Federal or State law for 
registration and tracking of such persons; and
    (8) Exempt procurement for services, materials, and supplies, and 
the renovation and construction of safe sites within existing buildings 
from other provision of law as may be required to maintain the security 
of protective witnesses and the integrity of the Witness Security 
Program.
    (b) The identity or location or any other information concerning a 
person receiving protection under 18 U.S.C. 3521 et seq., or any other 
matter concerning the person or the Program, shall not be disclosed 
except at the direction of the Attorney General, the Assistant Attorney 
General in charge of the Criminal Division, or the Director of the 
Witness Security Program. However, upon request of State or local law 
enforcement officials, the Director shall, without undue delay, 
disclose to such officials the identity, location, criminal records, 
and fingerprints relating to the person relocated or protected when the 
Director knows or the request indicates that the person is under 
investigation for or has been arrested for or charged with an offense 
that is punishable by more than one year in prison or that is a crime 
of violence.

    Dated: September 4, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-22830 Filed 9-11-01; 8:45 am]
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