[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Rules and Regulations]
[Pages 6206-6207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1084]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[A.G. Order No. 2800-2006]


Organization; Office of the Deputy Attorney General, Office of 
the Associate Attorney General

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the regulations that describe the structure, 
functions, and responsibilities of the Offices of the Deputy Attorney 
General and Associate Attorney General, United States Department of 
Justice.

EFFECTIVE DATE: February 7, 2006.

FOR FURTHER INFORMATION CONTACT: Louis DeFalaise, Director, Office of 
Attorney Recruitment and Management, U.S. Department of Justice, 
Washington, DC 20530, (202) 514-8900.

SUPPLEMENTARY INFORMATION: This rule expands and clarifies the list of 
personnel- and recruitment-related responsibilities vested in the 
Deputy Attorney General, expands and clarifies which of these 
responsibilities he may redelegate to officials within the Department 
of Justice, and deletes an outdated reference to General Schedule 
grades 16 through 18. The rule also clarifies the list of personnel-
related responsibilities vested in the Associate Attorney General and 
updates the title of the Department official to whom he may redelegate 
this authority. In addition, the rule reserves certain personnel 
administration authorities to the Attorney General.

Administrative Procedure Act

    This rule relates to matters of agency management or personnel, and 
is therefore exempt from the requirements of prior notice and comment 
and a 30-day delay in the 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 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. Further, 
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 
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 that Executive Order. 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 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 Assessment.

Executive Order 12988

    This rule 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 government, 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, 2 U.S.C. 1501-1571.

[[Page 6207]]

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 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 
enterprises to compete with foreign-based enterprises 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.

Congressional Review Act

    The Department has determined that this action pertains to agency 
management or personnel 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

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

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 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

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. In Sec.  0.15, revise paragraph (b)(1)(i), paragraph (b)(1)(v), 
paragraph (b)(2), and paragraph (c), and add a new paragraph (h) to 
read as follows:


Sec.  0.15  Deputy Attorney General.

* * * * *
    (b) * * *
    (1) * * *
    (i) The appointment, employment, pay, separation, and general 
administration of personnel, including attorneys, in the Senior 
Executive Service or the equivalent; Senior-Level and Scientific and 
Professional positions; and of attorneys and law students regardless of 
grade or pay in the Department.
* * * * *
    (v) The appointment, employment, separation, and general 
administration of Assistant United States Attorneys and other attorneys 
to assist United States Attorneys when the public interest so requires 
and the fixing of their salaries.
* * * * *
    (2) Administer the Department's recruitment programs for law 
graduates and law students.
* * * * *
    (c) The Deputy Attorney General may redelegate the authority 
provided in paragraphs (b)(1)(i), (ii), (iii), (v), and paragraph 
(b)(2) of this section to take final action in matters pertaining to 
the:
    (1) Appointment, employment, pay, separation, and general 
administration of personnel, including attorneys, in the Senior 
Executive Service or the equivalent, and Senior-Level and Scientific 
and Professional positions;
    (2) Appointment, employment, pay, separation, and general 
administration of attorneys and law students regardless of grade or 
pay;
    (3) Appointment of special attorneys and special assistants to the 
Attorney General pursuant to 28 U.S.C. 515(b);
    (4) Appointment of Assistant United States Trustees and the fixing 
of their compensation;
    (5) Appointment, employment, separation, and general administration 
of Assistant United States Attorneys and other attorneys to assist 
United States Attorneys when the public interest so requires and the 
fixing of their salaries; and
    (6) Administration of the Department's recruitment programs for law 
graduates and law students.
* * * * *
    (h) Notwithstanding paragraphs (a) and (b) of this section, 
authority to take final action in matters pertaining to the 
appointment, employment, pay, separation, and general administration of 
the following Department employees is reserved to the Attorney General:
    (1) Employees in the Offices of the Attorney General and the Deputy 
Attorney General;
    (2) Employees appointed to a Schedule C position established under 
5 CFR part 213, or to a position that meets the same criteria as a 
Schedule C position; and
    (3) Any Senior Executive Service position in which the incumbent 
serves under other than a career appointment.

0
3. In Sec.  0.19, revise paragraphs (a)(1) and (b), and add a new 
paragraph (d) to read as follows:


Sec.  0.19  Associate Attorney General.

    (a) * * *
    (1) Exercise the power and the authority vested in the Attorney 
General to take final action in matters pertaining to the appointment, 
employment, pay, separation, and general administration of attorneys 
and law students in pay grades GS-15 and below in organizational units 
subject to his direction.
* * * * *
    (b) The Associate Attorney General may redelegate the authority 
provided in paragraph (a)(1) of this section to the Director, Office of 
Attorney Recruitment and Management.
* * * * *
    (d) Notwithstanding paragraph (b) of this section, authority to 
take final action in matters pertaining to the appointment, employment, 
pay, separation, and general administration of the following Department 
employees is reserved to the Attorney General:
    (1) Employees in the Office of the Associate Attorney General;
    (2) Employees appointed to a Schedule C position established under 
5 CFR part 213, or to a position that meets the same criteria as a 
Schedule C position; and
    (3) Any Senior Executive Service position in which the incumbent 
serves under other than a career appointment.

    Dated: January 31, 2006.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 06-1084 Filed 2-6-06; 8:45 am]
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