[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36192-36193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9987]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Docket No. OAG 111; AG Order No. 2825-2006]


 Office of the Attorney General; Establishment of the Office of 
the Federal Detention Trustee

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Justice (the Department) 
organizational regulations to reflect the establishment within the 
Department of Justice of the Office of the Federal Detention Trustee 
(OFDT), and to set forth the general authorities of the Detention 
Trustee.

DATES: This rule is effective June 26, 2006.

FOR FURTHER INFORMATION CONTACT: Katherine A. Day, General Counsel, 
Office of the Federal Detention Trustee, U.S. Department of Justice, 
4601 N. Fairfax Drive, 9th Floor, Washington, DC 20530; Telephone (202) 
353-4601; FAX (202) 353-4611.

SUPPLEMENTARY INFORMATION: The Office of the Federal Detention Trustee 
(OFDT) was established in September 2001, pursuant to Public Law 106-
553, app. B, 114 Stat. 2762A-52 (2000), to centralize the management of 
the detention function relating to Federal prisoners in non-Federal 
institutions or otherwise in the custody of the United States Marshals 
Service (USMS) and aliens in the custody of the Immigration and 
Naturalization Service (INS), in order to better manage and plan for 
needed detention resources without unnecessary duplication of effort. 
In accordance with the 21st Century Department of Justice 
Appropriations Authorization Act (Pub. L. 107-273, Div. A, Title II, 
section 201(a), Nov. 2, 2002, 116 Stat. 1770), codified at 28 U.S.C. 
530C, the Congressional mandate for the management of the detention 
function by OFDT was made permanent. This rule adds the OFDT to 
Department organizational regulations and sets forth the general 
authorities of the Detention Trustee.
    Although OFDT's originating statute (Pub. L. 106-553, app. B, 114 
Stat. 2762A-52 (2000) and authorizing statute (Pub. L. 107-273, Div. A, 
Title II, Section 201(a)) provided OFDT with authority over immigration 
detainees in INS custody, these statutes were enacted prior to the 
Homeland Security Act, Public Law 107-296, Section 441, which 
transferred the duties of the INS to the Department of Homeland 
Security (DHS). Accordingly, this rule omits the language in our 
originating and authorizing statutes regarding INS detainees.
    Notwithstanding the transfer of the former INS to DHS, the October 
2003 Conference Report on the Fiscal Year 2004 appropriations 
nevertheless directed the Justice Department ``to develop Memoranda of 
Understanding with the Department of Homeland Security and other 
appropriate Federal agencies regarding the continued integration of 
fingerprint systems, automated booking capabilities, detention bed 
space needs, and transportation of prisoners.'' H.R. Rep. No. 108-401, 
108th Cong., 1st Sess., 516 (2003). On January 28, 2004, OFDT entered 
into an interagency agreement with U.S. Immigration and Customs 
Enforcement (ICE) to allow ICE ``to obtain the specific services of the 
OFDT as a provider of procurement and contract/agreement management 
support for the ICE nonfederal detention program,'' particularly as 
regards ICE requirements for detention space.
    Beginning in 2003 with the Consolidated Appropriations Resolution, 
2003 (Pub. L. 108-7, Div. B, Title I, Feb. 20, 2003, 117 Stat. 51), and 
continuing with each appropriations act since 2003 (Consolidated 
Appropriations Act, 2004, Public Law 108-199, Div. B, Title I, Jan. 23, 
2004, 118 Stat. 47; Consolidated Appropriations Act, 2005, Pub. L. 108-
447, Div. B, Title I, Dec. 8, 2004, 118 Stat. 2854; Science, State, 
Justice, Commerce, and Related Agencies Appropriations Act, 2006, Pub. 
L. 109-108, Title I, Nov. 22, 2005, 119 Stat. 2291), Congress has 
charged OFDT with the responsibility for managing the Justice Prisoner 
and Alien Transportation System (JPATS). Accordingly, this rule adds a 
provision regarding OFDT's management of JPATS.
    The rule is a rule of agency organization, procedure, and practice 
and is limited to matters of agency management and personnel. 
Accordingly: (1) This rule is exempt from the notice requirement of 5 
U.S.C. 553(b) and is made effective upon issuance; (2) the Department 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities 
and further that no Regulatory Flexibility Analysis was required to be 
prepared for this final rule since the Department was not required to 
publish a general notice of proposed rulemaking; (3) this action is not 
a ``regulation'' or ``rule'' as defined by section 3(d)(3) of Executive 
Order 12866 (``Regulatory Planning and Review'') and, therefore, this 
action has not been reviewed by the Office of Management and Budget.
    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 
(``Federalism''), it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This regulation meets the applicable standards 
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 
(``Civil Justice Reform''). 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. This action pertains to agency 
management, personnel, and organization and does not substantially 
affect the rights or obligations of non-agency parties and, 
accordingly, is not

[[Page 36193]]

a ``rule'' as that term is used by the Congressional Review Act 
(Subtitle E of the Small Business Regulatory Enforcement Fairness Act 
of 1996 (SBREFA)). 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), Whistleblowing.


0
Accordingly, for the reasons set forth in the preamble, part 0 of 
chapter I of title 28 of the Code of Federal Regulations is amended as 
follows:

PART 0--AMENDED

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, subpart A, Sec.  0.1 is amended by adding a new entry at the 
end of the list under ``Offices'' to read as follows:


Sec.  0.1  Organizational units.

* * * * *
Office of the Federal Detention Trustee

0
3. Part 0 is amended by adding a new subpart U-3 to read as follows:

Subpart U-3--Office of the Federal Detention Trustee


Sec.  0.123  Federal Detention Trustee.

    (a) The Office of the Federal Detention Trustee shall be headed by 
a Detention Trustee appointed by the Attorney General. The Detention 
Trustee shall exercise all powers and functions authorized by law 
related to the detention of Federal prisoners in non-Federal 
institutions or otherwise in the custody of the United States Marshals 
Service in accordance with 28 U.S.C. 530C(b)(7).
    (b) The Detention Trustee shall:
    (1) Manage funds appropriated to the Department in the exercise of 
such detention functions.
    (2) Oversee the construction of detention facilities or housing 
related to such detention.
    (3) Set policy regarding such detention, and perform such functions 
as may be necessary for the effective policy-level coordination of 
detention operations.
    (4) Oversee contracts for detention services, including, when the 
Detention Trustee deems appropriate, negotiating purchases and entering 
into contracts and intergovernmental agreements for detention services, 
and making required determinations and findings for the acquisition of 
services.
    (5) Manage the Justice Prisoner and Alien Transportation System.
    (c) This regulation sets forth the general functions of the 
Detention Trustee solely for the purpose of internal Department of 
Justice guidance. It is not intended to, does not, and may not be 
relied upon to create any rights, substantive or procedural, that are 
enforceable at law by any party in any matter, civil or criminal.

    Dated: June 19, 2006.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E6-9987 Filed 6-23-06; 8:45 am]
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