[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Proposed Rules]
[Page 44816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15254]


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DEPARTMENT OF JUSTICE

28 CFR Part 26

[Docket No. OJP (DOJ)-1464]
RIN 1121-AA74


Certification Process for State Capital Counsel Systems

AGENCY: Department of Justice.

ACTION: Notice of proposed rulemaking; reopening of comment period.

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SUMMARY: On June 6, 2007, the Department of Justice published a notice 
of proposed rulemaking in the Federal Register, 72 FR 31217, concerning 
a process for certifying state systems for providing counsel to 
indigent capital defendants. That rulemaking was issued pursuant to 
section 507 of the USA PATRIOT Improvement and Reauthorization Act. The 
original 60-day comment period expired on August 6, 2007. The 
Department is reopening the comment period for an additional 45-day 
period.

DATES: Comments must be received on or before September 24, 2007.

ADDRESSES: Please address all comments, by U.S. mail, to: Ms. Danica 
Szarvas-Kidd, Policy Advisor for Adjudication, Bureau of Justice 
Assistance, Office of Justice Programs, U.S. Department of Justice, 810 
7th Street, NW., Washington, DC 20531; by telefacsimile (fax), to: 
(202) 307-0036 or by e-mail, to: [email protected]. To 
ensure proper handling, please reference OJP Docket No.1464 on your 
correspondence. You may view an electronic version of the proposed rule 
at www.regulations.gov, and you may also comment by using the 
www.regulations.gov comment form. When submitting comments 
electronically you must include OJP Docket No. 1464 in the subject box.

FOR FURTHER INFORMATION CONTACT: Danica Szarvas-Kidd (Policy Advisor 
for Adjudication), (202) 305-7418. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: On June 6, 2007, the Department of Justice 
(Department) published a notice of proposed rulemaking in the Federal 
Register, 72 FR 31217, in order to promulgate regulations pursuant to 
Public Law 109-177, the USA PATRIOT Improvement and Reauthorization Act 
of 2005, (``the Act''). Section 507 of the Act amends chapter 154 of 
title 28 of the United States Code. Chapter 154 provides expedited 
Federal habeas corpus review procedures in capital cases for States 
that establish a mechanism for providing counsel to indigent capital 
defendants in state postconviction proceedings that satisfies certain 
statutory requirements. The Act amended sections 2261(b) and 2265 of 
title 28 to assign responsibility to the Attorney General of the United 
States for certification of a State's satisfaction of the requirements 
for the application of chapter 154 , subject to review by the Court of 
Appeals for the District of Columbia Circuit. Section 2265(a) as 
amended makes clear that the only requirements that the Attorney 
General may impose for a state to receive certification are those 
expressly stated in chapter 154. See 28 U.S.C. 2265(a)(3) (``[t]here 
are no requirements for certification or for application of this 
chapter other than those expressly stated in this chapter''). As a 
result, the rule in large measure simply recounts and provides 
illustration relating to the express statutory requirements, addresses 
some limited interpretive questions, and outlines a procedure for 
States' requests for certification.
    The Department consulted with a number of groups in developing this 
proposed rule to carry out the statutory directive, including 
representatives of state officials and both prosecution and defense 
interests concerned with capital case litigation. Notwithstanding the 
limited nature of the matters to be determined in the rule, the 
extensive consultation concerning these matters with interested 
officials and organizations, and the normal 60-day period for comment 
provided in the rule as originally published, a number of organizations 
involved in capital defense or advocacy activities have requested 
additional time for comment. While the justification for the requested 
extensions is at best marginal in light of the considerations noted 
above, and extending the time for comment will further delay 
realization of the legislative objectives reflected in chapter 154 of 
title 28, the Department nevertheless wishes to ensure ample 
opportunity for provision of input by interested groups and members of 
the public.
    Further, some technical problems arose because of the recent 
transition of the Department to using the Regulations.gov Web site 
(http://www.regulations.gov) to post public comments on rulemakings. 
These problems with using Regulations.gov have now been resolved and 
public comments received by the Department are posted for public 
viewing in a timely manner. However, there was a short period when 
public comments received by the Department and posted by Department 
personnel to the Regulations.gov site were not viewable by the public.
    Accordingly, the Department is reopening the public comment period 
and will accept comments for an additional 45 days after publication of 
this notice of proposed rulemaking.

    Dated: August 1, 2007.
Cybele Daley,
Deputy Assistant Attorney General, Office of Justice Programs.
[FR Doc. E7-15254 Filed 8-8-07; 8:45 am]
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