[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Rules and Regulations]
[Pages 19826-19827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3673]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Docket No. OAG 113; AG Order No. 2811-2006]


Office of the Attorney General; Establishment of the Office on 
Violence Against Women

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule updates the Department of Justice (DOJ) 
organizational regulations to reflect the establishment of the Office 
on Violence Against Women (OVW) as a separate and distinct office 
within the DOJ. OVW carries out the duties of the Department of Justice 
under the Violence Against Women Act of 1994 (title IV of Pub. L. 103-
322) and the Violence Against Women Act of 2000 (division B of Pub. L. 
104-386), and any other duties otherwise authorized by law, or assigned 
to it or delegated to it by the Attorney General. This rule sets forth 
the duties of the Director of OVW. This rule also reflects the 
continued applicability to OVW of the National Environmental Policy Act 
of 1969 (NEPA) regulations that apply to components of the Office of 
Justice Programs (OJP), and which were therefore previously applied to 
OVW when it was part of OJP.

DATES: This rule is effective April 18, 2006.

FOR FURTHER INFORMATION CONTACT: Marnie Shiels, Attorney Advisor, 
Office on Violence Against Women, 810 7th Street, NW., Washington, DC 
20531; Telephone: (202) 307-6026; Fax: (202) 307-3911.

SUPPLEMENTARY INFORMATION: Section 402(3) of the 21st Century 
Department of Justice Appropriations Authorization Act (Pub. L. 107-
273, Division A, Title IV, 116 Stat.1758 (Nov. 2, 2002)), provided for 
the establishment of OVW as a separate and distinct office within the 
Department of Justice, to be headed by a director, appointed by the 
President, by and with the advice and consent of the Senate. The 
Director of OVW is responsible, under the general authority of the 
Attorney General, for the administration, coordination, and 
implementation of the programs and activities of OVW. Specifically, the 
Director is responsible for carrying out the functions of the 
Department of Justice under the Violence Against Women Act of 1994 
(title IV of Pub. L. 103-322) and the Violence Against Women Act of 
2000 (division B of Pub. L. 104-386), and exercising such other powers 
and functions as may be vested in the Director pursuant to 42 U.S.C. 
3796gg et seq., or by delegation of the Attorney General, 42 U.S.C. 
3796gg-0-42 U.S.C. 3796gg-0b. Under the authority of the 21st Century 
Department of Justice Appropriations Authorization Act, the Attorney 
General directed the separation of OVW from OJP, its former parent 
organization within the Department.
    Because OVW was formerly an office within OJP, regulations 
applicable to OJP were applicable to OVW. This rule reflects the 
continued applicability to OVW of certain procedures issued pursuant to 
the NEPA, found in 28 CFR part 61, Appendix D, which are applicable to 
OJP (the regulation refers to the Office of Justice Assistance, 
Research and Statistics, which was the predecessor to OJP), and were, 
therefore, applicable to OVW before it was separated from OJP. No 
substantive changes are being made to the regulation, and the continued 
applicability of the regulation to OVW will not add or remove any 
substantive rights or obligations of OVW grantees or cooperative 
agreement recipients. It is only because of the reorganization of the 
Department of Justice that the NEPA regulation, by its express terms, 
makes no reference to OVW. This rule clarifies that the NEPA regulation 
will continue to apply to OVW. OVW effectuates other regulatory 
requirements through grant conditions with which the grantees agree to 
comply.

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 effective 
upon publication.

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 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, Federalism, the Department has determined that this rule does 
not have sufficient federalism implications to warrant the preparation 
of a federalism summary impact statement.

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 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, 2 U.S.C. 1501 et seq.

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

[[Page 19827]]

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.

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. Further, 
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.

List of Subjects in 28 CFR Part 0

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


0
Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301, 28 U.S.C. 509 and 510, Chapter I 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.


Sec.  0.1  [Amended]

0
2. Revise Sec.  0.1 by adding at the end of the list under ``Offices'' 
the title ``Office on Violence Against Women.''

0
3. Add Subpart U-2 to Part 0, to read as follows:

Subpart U-2--Office on Violence Against Women
Sec.
0.122 Office on Violence Against Women.


Sec.  0.122  Office on Violence Against Women.

    (a) The Director, Office on Violence Against Women, under the 
general authority of the Attorney General, shall:
    (1) Exercise the powers and perform the duties and functions 
described in section 402(3) of title IV of the 21st Century Department 
of Justice Appropriations Authorization Act (Pub. L. 107-273); and
    (2) Perform such other duties and functions relating to such duties 
as may be authorized by law or assigned or delegated by the Attorney 
General, consistent with constitutional limits on the Federal 
Government's authority to act in this area.
    (b) Departmental regulations set forth in 28 CFR part 61, Appendix 
D, applicable to the Office of Justice Programs, shall apply with equal 
force and effect to the Office on Violence Against Women, with 
references to the Office of Justice Assistance, Research and 
Statistics, and its components, in such regulations deemed to refer to 
the Office on Violence Against Women, as appropriate.

    Dated: April 12, 2006.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 06-3673 Filed 4-17-06; 8:45 am]
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