[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43065-43066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15574]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[AG Order No. 3691-2016]


Office for Access to Justice

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the Code of Federal Regulations to reflect 
the establishment of the Office for Access to Justice as a distinct 
component of the Department of Justice. The Office for Access to 
Justice was created by the Attorney General to address the access-to-
justice crisis in the criminal and civil justice systems. The office's 
mission is to help ensure that the justice system is efficient, fair, 
and accessible to all, irrespective of an individual's wealth and 
status. This rule sets forth the Office's organization, mission and 
functions.

DATES: This rule is effective July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Lisa Foster, Director, Office for 
Access to Justice, U.S. Department of Justice, RFK Main Justice 
Building, Room 3340, 950 Pennsylvania Avenue NW., Washington, DC 20530. 
Telephone: (202) 514-5312.

SUPPLEMENTARY INFORMATION:

Background

    In 2010, the Attorney General established the Office for Access to 
Justice to address the access-to-justice crisis in the criminal and 
civil justice

[[Page 43066]]

systems. The office's mission is to help ensure that the justice system 
is efficient, fair, and accessible to all, irrespective of an 
individual's wealth and status. Its staff works within the Department 
of Justice, across federal agencies, and with state, local, and tribal 
justice system stakeholders to increase access to counsel and legal 
assistance and to improve the justice system for people who are unable 
to afford lawyers. This rule reflects the establishment of the Office 
for Access to Justice as a distinct component of the Department of 
Justice, and sets forth the office's organization, mission, and 
functions.

Administrative Procedure Act

    This rule is a rule of agency organization and procedure, and 
relates to the internal management of the Department of Justice. It is 
therefore exempt from the requirements of notice and comment and a 
delayed effective date. 5 U.S.C. 553(b), (d).

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 rule 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. See 5 U.S.C. 
604(a).

Executive Orders 12866 and 13563: Regulatory Review

    This action has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and in accordance with Executive 
Order 13563, ``Improving Regulations and Regulatory Review,'' section 
1(b), General Principles of Regulation. This action is limited to 
agency organization, management, and personnel matters and therefore is 
not a ``regulation'' or ``rule'' under Executive Order 12866. Id. Sec.  
3(d)(3). Accordingly, this action has not been reviewed by the Office 
of Management and Budget.

Executive Order 13132: Federalism

    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 section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 12988: Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1955

    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 does not establish 
requirements that might significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act

    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)). 
See 5 U.S.C. 804(3). Therefore, the reporting requirement of 5 U.S.C. 
801 does not apply.

Plain Language Instructions

    We try to write clearly. Suggestions about how to improve the 
clarity of this rule may be submitted in writing to Lisa Foster, 
Director, Office for Access to Justice.

List of Subjects in 28 CFR Part 0

    Authority delegation (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

    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 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.  0.1, under the heading ``Offices'', add the title ``Office 
for Access to Justice'' to the end of the list.
0
3. Add Subpart F-1 to read as follows:

Subpart F-1--Office for Access to Justice


Sec.  0.33  Office for Access to Justice.

    The Office for Access to Justice shall be headed by a Director 
appointed by the Attorney General. The principal responsibilities of 
the Office shall be to plan, develop, and coordinate the implementation 
of access to justice policy initiatives of high priority to the 
Department and the executive branch, including in the areas of criminal 
indigent defense and civil legal aid. In addition, the Director shall:
    (a) Promote uniformity of Department of Justice and government-wide 
policies and litigation positions relating to equal access to justice;
    (b) Examine proposed legislation, proposed rules, and other policy 
proposals to ensure that access to justice principles are properly 
considered in the development of policy; and
    (c) Perform such other duties and functions as may be authorized by 
law or directed by the Attorney General, Deputy Attorney General, or 
Associate Attorney General.

    Dated: June 24, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-15574 Filed 6-30-16; 8:45 am]
 BILLING CODE 4410-PN-P