[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Rules and Regulations]
[Pages 66458-66459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25455]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Directive No. 2021-001]


Designation of Authority

AGENCY: Office of the Assistant Attorney General, Criminal Division, 
Department of Justice.

ACTION: Final rule.

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SUMMARY: The Attorney General has authorized the Assistant Attorney 
General for the Criminal Division to perform the functions of the 
``Designated Authority'' under executive agreements between the United 
States and other countries on access to data by foreign governments and 
to delegate that authority to certain officials in the Office of 
International Affairs (``OIA''). Consistent with that authorization, 
the Assistant Attorney General for the Criminal Division delegates 
authority to perform the functions of the Designated Authority pursuant 
to such agreements to the Deputy Assistant Attorneys General, Criminal 
Division, and the Director, Deputy Directors and the Associate Director 
supervising the implementation of such agreements in OIA.

DATES: Effective November 23, 2021.

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

SUPPLEMENTARY INFORMATION: Congress authorized the United States to 
enter into executive agreements with foreign governments under which 
the parties afford each other reciprocal rights of

[[Page 66459]]

access to data covered by such agreements in response to qualifying, 
lawful orders. See Clarifying Lawful Overseas Use of Data Act, Public 
Law 115-141, Div. V, Section 105(a) (March 23, 2018), 18 U.S.C. 2523 
(``CLOUD Act''). The first such executive agreement was concluded 
between the Government of the United States of America and the 
Government of the United Kingdom of Great Britain and Northern Ireland. 
See Agreement between the Government of the United States of America 
and the Government of the United Kingdom of Great Britain and Northern 
Ireland on Access to Electronic Data for the Purpose of Countering 
Serious Crime (October 3, 2019), available at https://www.justice.gov/dag/cloudact (the ``U.S.--U.K. Agreement''). The U.S.--U.K. Agreement 
provides that a ``Designated Authority'' for each country shall perform 
certain, specified functions necessary to implement the agreement. As 
applied to the United States, ``Designated Authority'' is defined under 
the agreement as ``the governmental entity designated . . . by the 
Attorney General.'' Id. at Article 1.8. To address the requirements of 
this executive agreement, the Attorney General has designated the 
Criminal Division as the ``Designated Authority'' in a Federal Register 
notice published on October 23, 2020. The Attorney General has 
authorized the Assistant Attorney General in charge of the Criminal 
Division to perform the functions of the Designated Authority and also 
to delegate this authority. 28 CFR 0.64-6. This final rule delegates 
that authority to officials in the Criminal Division and OIA.
    To address future agreements of this nature, this final rule 
applies to any executive agreement under 18 U.S.C. 2523 that either 
designates the Attorney General or the Department of Justice as the 
Designated Authority or authorizes the Attorney General to designate a 
Designated Authority (or like designation), and for which the Attorney 
General has designated the Criminal Division as such authority.

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), 553(b)(3)(A), 553(d).

Regulatory Flexibility Act

    Further, 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 Orders 12866 and 13563--Regulatory Review

    This action has been drafted and reviewed in accordance with 
section 1(b) of Executive Order 12866, ``Regulatory Planning and 
Review,'' and section 1(b) of Executive Order 13563, ``Improving 
Regulation and Regulatory Review.'' 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 summary impact 
statement.

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 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 (adjusted annually for inflation), 
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 
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, 5 U.S.C. 
804(3)(B), (C).
    Therefore, the reporting requirement of 5 U.S.C. 801 does not 
apply.

List of Subjects in 28 CFR Part 0

    International agreements, Treaties.

    For the reasons stated in the preamble, 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. Add Directive No. 2021-001 at the end of Appendix to Subpart K to 
read as follows:

Appendix to Subpart K of Part 0

Criminal Division

* * * * *

Directive No. 2021-001

Designated Authority under executive agreements on access to data by 
foreign governments.

    By virtue of the authority vested in me by Sec.  0.64-6 of Title 
28 of the Code of Federal Regulations, I hereby delegate the 
authority to perform the functions of the Designated Authority under 
executive agreements between the United States of America and other 
countries regarding access to data by foreign governments, 
negotiated pursuant to the authority in 18 U.S.C. 2523, to the 
Deputy Assistant Attorneys General, Criminal Division, and the 
Director, the Deputy Directors and the Associate Director 
supervising implementation of such agreements in the Office of 
International Affairs. This delegation applies to executive 
agreements that either designate the Attorney General or the 
Department of Justice as the Designated Authority (or like 
designation) or authorize the Attorney General to designate a 
Designated Authority (or like designation), and for which the 
Attorney General has designated the Criminal Division as such 
authority.

    Dated: October 7, 2021.
Kenneth A. Polite, Jr.,
Assistant Attorney General.
[FR Doc. 2021-25455 Filed 11-22-21; 8:45 am]
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