[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Rules and Regulations]
[Pages 76163-76165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24329]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Docket No. OAG 114; AG Order No. 2791-2005]


Professional Responsibility Advisory Office

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule will amend part 0 of title 28 of the Code of Federal 
Regulations to reflect the establishment of the Professional 
Responsibility Advisory Office at the Department of Justice. The 
Professional Responsibility Advisory Office (PRAO) was created by the 
Attorney General to provide advice and guidance to Justice Department 
attorneys on matters involving professional responsibility. The PRAO 
offers training, provides informational memoranda, and issues opinions 
in response to individual attorney inquiries. This rule, which sets 
forth the PRAO's organization, mission and functions, amends the Code 
of Federal

[[Page 76164]]

Regulations in order to reflect accurately the Department's internal 
management structure.

EFFECTIVE DATE: December 23, 2005.

FOR FURTHER INFORMATION CONTACT: Barbara Kammerman, Acting Director, 
Professional Responsibility Advisory Office, U.S. Department of 
Justice, Washington, DC Telephone (202) 514-0458.

SUPPLEMENTARY INFORMATION:

Background

    In 1994, the Attorney General established a Professional 
Responsibility Office (PRO) Program and the Professional Responsibility 
Advisory Board to assist Department attorneys in resolving professional 
responsibility issues. Over time, experience and a number of 
developments have emphasized the importance of creating a centralized 
resource for Department attorneys and PROs. Thus, on March 30, 1999, 
the Attorney General created the Professional Responsibility Advisory 
Office (PRAO) to coordinate the Department's position regarding various 
professional responsibility issues and to ensure that the advice and 
guidance provided to Department attorneys and the PROs are correct and 
consistent throughout the United States.
    The PRAO serves several functions. It provides definitive advice to 
Department attorneys on issues relating to professional responsibility. 
It is responsible for assembling and maintaining reference materials, 
including the codes of ethics and relevant interpretative decisions and 
bar opinions of the District of Columbia and every state and territory, 
and for serving as a central repository for briefs and pleadings as 
cases arise. The PRAO provides coordination with the litigating 
components of the Department to defend attorneys in any disciplinary or 
other hearing in which it is alleged that they failed to meet their 
obligations under applicable rules of professional conduct. It 
coordinates with other Department components to conduct training for 
Department attorneys and client agencies to provide them with the tools 
to make informed judgments about matters which implicate professional 
responsibility issues. The PRAO serves as liaison with the state and 
federal bar associations in matters related to the implementation of 
Section 530B of title 28 of the United States Code pertaining to 
ethical standards for attorneys for the government, and amendments and 
revisions to the various rules of professional conduct. The PRAO also 
serves as advisory counsel on professional responsibility to the 
Attorney General, the Deputy Attorney General, the Associate Attorney 
General, the Solicitor General, and their designees, and to the 
Attorney General's Advisory Committee. Nothing in the final rule shall 
be construed as affecting the functions or overriding the authority of 
the Office of Legal Counsel as established by 28 CFR 0.25.

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), and is made effective 
upon issuance.

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 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 since the Department was not required to publish a 
general notice of proposed rulemaking for this matter.

Executive Order 12866

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

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 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 a certification.

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 
$100,000,000 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.

Congressional Review Act

    This action pertains to agency management, personnel and 
organizations and does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996). Therefore, 
the reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 28 CFR Part 0

    Government employees, Lawyers, Ethical conduct.


0
Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, part 0 of title 
28 of the Code of Federal Regulations is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
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.

0
2. Part 0 is amended by adding a new subpart, V-2, to read as follows:

Subpart V-2--Professional Responsibility Advisory Office


Sec.  0.129  Professional Responsibility Advisory Office.

    (a) The Professional Responsibility Advisory Office is headed by a 
Director appointed by the Deputy Attorney General. The Director shall 
be responsible to, and report directly to, the Deputy Attorney General 
and shall be a member of the Senior Executive Service.
    (b) The Professional Responsibility Advisory Office shall:
    (1) Advise Department of Justice attorneys on specific questions 
involving professional responsibility, including compliance with 28 
U.S.C. 530b (``Section 530B''), which requires certain federal 
attorneys to comply with state rules of ethics.

[[Page 76165]]

    (2) Assist or support training and informational programs for 
Department attorneys and client agencies concerning Section 530B and 
other professional responsibility requirements, including disseminating 
relevant and timely information.
    (3) Assemble, centralize and maintain ethics reference materials, 
including the codes of ethics of the District of Columbia and every 
state and territory, and any relevant interpretations thereof.
    (4) Coordinate with the relevant litigating components of the 
Department to defend attorneys in any disciplinary or other proceeding 
where it is alleged that they failed to meet their ethical obligations, 
provided that the attorney made a good-faith effort to ascertain the 
ethics requirements and made a good-faith effort to comply with those 
requirements.
    (5) Serve as a liaison with the state and federal bar associations 
in matters relating to the implementation and interpretation of Section 
530B, and amendments and revisions to the various state ethics codes.
    (6) Perform such other duties and assignments as deemed necessary 
from time to time by the Attorney General or the Deputy Attorney 
General.
    (c) Nothing in this subpart shall be construed as affecting the 
functions or overriding the authority of the Office of Legal Counsel as 
established by 28 CFR 0.25.

    Dated: December 15, 2005.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 05-24329 Filed 12-22-05; 8:45 am]
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