[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69870-69871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28725]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[Docket No. OAG 136; A.G. Order No. 3227-2010]
Delegation of Authority Under 18 U.S.C. 249
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule amends 28 CFR part 0 to delegate the Attorney
General's certification authority under 18 U.S.C. 249, relating to hate
crimes, to the Assistant Attorney General for the Civil Rights
Division, and, in limited circumstances, to the Assistant Attorney
General for the Criminal Division.
DATES: Effective Date: November 16, 2010.
FOR FURTHER INFORMATION CONTACT: Robert Moossy, Acting Section Chief,
Civil Rights Division, Criminal Section, Patrick Henry Building, 950
Pennsylvania Avenue, NW., Washington, DC 20530, (202) 305-2445.
SUPPLEMENTARY INFORMATION: On October 28, 2009, President Obama signed
into law the Matthew Shepard and James Byrd, Jr., Hate Crimes
Prevention Act of 2009 (Shepard-Byrd Act). Among other things, the
Shepard-Byrd Act created a new federal hate crime statute to be
codified at 18 U.S.C. 249. The Shepard-Byrd Act expressly provides that
no prosecution under section 249 may be undertaken without a written
certification by the Attorney General (or a designee) that the State
does not have jurisdiction; the State has requested that the federal
government assume jurisdiction; the verdict or sentence obtained
through State charges left demonstrably unvindicated the federal
interest in eradicating bias-motivated violence; or a prosecution by
the federal government is in the public interest and necessary to
secure substantial justice. The statute expressly allows the Attorney
General to delegate this certification authority to a designee, and
this rule accordingly amends 28 CFR part 0 to delegate the Attorney
General's certification authority under 18 U.S.C. 249 to the Assistant
Attorney General for the Civil Rights Division, and, in limited
circumstances, to the Assistant Attorney General for the Criminal
Division.
Regulatory Certifications
This 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
[[Page 69871]]
from the requirements of notice and comment and a delayed effective
date, 5 U.S.C. 553(b), (d), 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; and
(3) this action is not a ``regulation'' or ``rule'' as defined by
Executive Order 12866, ``Regulatory Planning and Review,'' Sec. 3(d)
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 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 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), Privacy, Reporting
and recordkeeping requirements, Whistleblowing.
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 for citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Subpart J--Civil Rights Division
0
2. Section 0.50 is amended by adding a new paragraph (n) to read as
follows:
Sec. 0.50 General functions.
* * * * *
(n) Upon request, certification under 18 U.S.C. 249, relating to
hate crimes.
Subpart K--Criminal Division
0
3. Section 0.55 is amended by adding a new paragraph (v) to read as
follows:
Sec. 0.55 General functions.
* * * * *
(v) Upon request, certification under 18 U.S.C. 249, relating to
hate crimes, in cases involving extraterritorial crimes that also
involve charges filed pursuant to the Military Extraterritorial
Jurisdiction Act (18 U.S.C. 3261 et seq.), or pursuant to chapters of
the Criminal Code prohibiting genocide (18 U.S.C. 1091), torture (18
U.S.C. 2340A), war crimes (18 U.S.C. 2441), or recruitment or use of
child soldiers (18 U.S.C. 2442).
Dated: November 8, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-28725 Filed 11-15-10; 8:45 am]
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