[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Rules and Regulations]
[Pages 32579-32580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15047]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Order No. 4212-2018]


Delegation Concerning International Prisoner Transfer Program

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Attorney General has delegated to the Assistant Attorney 
General for the Criminal Division certain authorities of the Attorney 
General concerning transfer of offenders to or from foreign countries, 
including the authority to find appropriate or inappropriate the 
transfer of offenders to or from a foreign country under certain 
treaties. The Assistant Attorney General for the Criminal Division is 
authorized to re-delegate this authority to the Deputy Assistant 
Attorneys General, the Director of the Office of Enforcement 
Operations, and the Senior Associate Director and Associate Directors 
of the Office of Enforcement Operations. The Department of Justice is 
moving the responsibility for handling international prisoner transfers 
from the Office of Enforcement Operations to the Office of 
International Affairs. Accordingly, this final rule amends the Code of 
Federal Regulations to authorize the Assistant Attorney General for the 
Criminal Division to re-delegate this authority within the Criminal 
Division to the Deputy Assistant Attorneys General in the Criminal 
Division, and to the Director, the Deputy Directors, and the Associate 
Director supervising the International Prisoner Transfer Unit of the 
Office of International Affairs.

DATES: This rule is effective July 13, 2018.

FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of 
International Affairs, Criminal Division, Department of Justice, 
Washington, DC 20005; 202-514-0000.

SUPPLEMENTARY INFORMATION: The Office of International Affairs (OIA) 
serves as the hub for international criminal law

[[Page 32580]]

enforcement coordination for the Department of Justice and carries out 
a wide range of responsibilities. OIA works closely with its foreign 
and domestic stakeholders to ensure that criminals both at home and 
abroad are extradited to face justice. OIA also handles thousands of 
requests for mutual legal assistance, drafts and comments on 
legislation and policy, and participates in litigation related to 
international cooperation issues. At its core, international prisoner 
transfer is an area of international legal cooperation. Having 
concluded that the responsibility for handling international prisoner 
transfers more closely relates to the mission of OIA, the Department of 
Justice is moving the International Prisoner Transfer Unit from the 
Office of Enforcement Operations to OIA. To ensure OIA has the 
necessary authorities to find appropriate or inappropriate the transfer 
of offenders to or from a foreign country under certain treaties, the 
Department of Justice is modifying its delegation of authority in 28 
CFR 0.64-2. This modification will authorize the Assistant Attorney 
General for the Criminal Division to re-delegate this authority to the 
Deputy Assistant Attorneys General in the Criminal Division and to the 
Director, the Deputy Directors, and the Associate Director supervising 
the International Prisoner Transfer Unit of the Office of International 
Affairs. This action will promote efficiency, better accomplish 
important law enforcement objectives, and enhance international 
relationships and cooperation.

Administrative Procedure Act--5 U.S.C. 553

    This rule is a rule of agency organization and relates to a matter 
relating to agency management and is therefore exempt from the 
requirements of prior notice and comment and a 30-day delay in the 
effective date. See 5 U.S.C. 553(a)(2), (b)(3)(A).

Regulatory Flexibility Act

    A Regulatory Flexibility Analysis is not required to be prepared 
for this final rule because the Department was not required to publish 
a general notice of proposed rulemaking for this matter. 5 U.S.C. 
604(a).

Executive Order 12866--Regulatory Planning and 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. This rule is limited to agency 
organization, management, and personnel as described in section 3(d)(3) 
of Executive Order 12866 and, therefore, is not a ``regulation'' or 
``rule'' as defined by the order. 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 distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 13132, it 
is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Executive Order 12988--Civil Justice Reform

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

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 
$100,000,000 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.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organizations 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, 5 U.S.C. 
804(3)(B). 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), Crime, Government 
employees, Law enforcement, Organization and functions (Government 
agencies), Prisoners.

    For the reasons stated in the preamble, title 28, part 0, 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.  0.64-2, revise the final sentence to read as follows:


Sec.  0.64-2.  Delegation respecting transfer of offenders to and from 
foreign countries.

    * * * The Assistant Attorney General, Criminal Division, is 
authorized to re-delegate this authority within the Criminal Division 
to the Deputy Assistant Attorneys General in the Criminal Division and 
to the Director, the Deputy Directors, and the Associate Director 
supervising the International Prisoner Transfer Unit of the Office of 
International Affairs.

    Dated: June 29, 2018.
Jefferson B. Sessions III,
Attorney General.
[FR Doc. 2018-15047 Filed 7-12-18; 8:45 am]
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