[Federal Register: April 18, 2006 (Volume 71, Number 74)]
[Rules and Regulations]
[Page 19826-19827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap06-10]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[Docket No. OAG 113; AG Order No. 2811-2006]
Office of the Attorney General; Establishment of the Office on
Violence Against Women
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule updates the Department of Justice (DOJ)
organizational regulations to reflect the establishment of the Office
on Violence Against Women (OVW) as a separate and distinct office
within the DOJ. OVW carries out the duties of the Department of Justice
under the Violence Against Women Act of 1994 (title IV of Pub. L. 103-
322) and the Violence Against Women Act of 2000 (division B of Pub. L.
104-386), and any other duties otherwise authorized by law, or assigned
to it or delegated to it by the Attorney General. This rule sets forth
the duties of the Director of OVW. This rule also reflects the
continued applicability to OVW of the National Environmental Policy Act
of 1969 (NEPA) regulations that apply to components of the Office of
Justice Programs (OJP), and which were therefore previously applied to
OVW when it was part of OJP.
DATES: This rule is effective April 18, 2006.
FOR FURTHER INFORMATION CONTACT: Marnie Shiels, Attorney Advisor,
Office on Violence Against Women, 810 7th Street, NW., Washington, DC
20531; Telephone: (202) 307-6026; Fax: (202) 307-3911.
SUPPLEMENTARY INFORMATION: Section 402(3) of the 21st Century
Department of Justice Appropriations Authorization Act (Pub. L. 107-
273, Division A, Title IV, 116 Stat.1758 (Nov. 2, 2002)), provided for
the establishment of OVW as a separate and distinct office within the
Department of Justice, to be headed by a director, appointed by the
President, by and with the advice and consent of the Senate. The
Director of OVW is responsible, under the general authority of the
Attorney General, for the administration, coordination, and
implementation of the programs and activities of OVW. Specifically, the
Director is responsible for carrying out the functions of the
Department of Justice under the Violence Against Women Act of 1994
(title IV of Pub. L. 103-322) and the Violence Against Women Act of
2000 (division B of Pub. L. 104-386), and exercising such other powers
and functions as may be vested in the Director pursuant to 42 U.S.C.
3796gg et seq., or by delegation of the Attorney General, 42 U.S.C.
3796gg-0-42 U.S.C. 3796gg-0b. Under the authority of the 21st Century
Department of Justice Appropriations Authorization Act, the Attorney
General directed the separation of OVW from OJP, its former parent
organization within the Department.
Because OVW was formerly an office within OJP, regulations
applicable to OJP were applicable to OVW. This rule reflects the
continued applicability to OVW of certain procedures issued pursuant to
the NEPA, found in 28 CFR part 61, Appendix D, which are applicable to
OJP (the regulation refers to the Office of Justice Assistance,
Research and Statistics, which was the predecessor to OJP), and were,
therefore, applicable to OVW before it was separated from OJP. No
substantive changes are being made to the regulation, and the continued
applicability of the regulation to OVW will not add or remove any
substantive rights or obligations of OVW grantees or cooperative
agreement recipients. It is only because of the reorganization of the
Department of Justice that the NEPA regulation, by its express terms,
makes no reference to OVW. This rule clarifies that the NEPA regulation
will continue to apply to OVW. OVW effectuates other regulatory
requirements through grant conditions with which the grantees agree to
comply.
Administrative Procedure Act 5 U.S.C. 553
This rule is a rule of agency organization and is therefore exempt
from the notice requirement of 5 U.S.C. 553(b). This rule is effective
upon publication.
Executive Order 12866
This action has been drafted and reviewed in accordance with
Executive Order 12866 Regulatory Planning and Review, section 1(b),
Principles of Regulation. This rule is limited to agency organization,
management, and personnel as described by Executive Order 12866 section
3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as defined
by that Executive Order. Accordingly, this action has not been reviewed
by the Office of Management and Budget.
Executive Order 13132
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 Executive Order
13132, Federalism, the Department has determined that this rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.
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
million 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, 2 U.S.C. 1501 et seq.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a ``major rule'' as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect
[[Page 19827]]
on the economy of $100 million or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of United States-
based enterprises to compete with foreign-based enterprises in domestic
and export markets.
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties. Accordingly, it is not a ``rule''
for purposes of the reporting requirement of 5 U.S.C. 801.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this regulation 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.
List of Subjects in 28 CFR Part 0
Authority delegations (government agencies), Government employees,
Organization and functions (government agencies), Whistleblowing.
0
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301, 28 U.S.C. 509 and 510, Chapter I 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.
Sec. 0.1 [Amended]
0
2. Revise Sec. 0.1 by adding at the end of the list under ``Offices''
the title ``Office on Violence Against Women.''
0
3. Add Subpart U-2 to Part 0, to read as follows:
Subpart U-2--Office on Violence Against Women
Sec.
0.122 Office on Violence Against Women.
Sec. 0.122 Office on Violence Against Women.
(a) The Director, Office on Violence Against Women, under the
general authority of the Attorney General, shall:
(1) Exercise the powers and perform the duties and functions
described in section 402(3) of title IV of the 21st Century Department
of Justice Appropriations Authorization Act (Pub. L. 107-273); and
(2) Perform such other duties and functions relating to such duties
as may be authorized by law or assigned or delegated by the Attorney
General, consistent with constitutional limits on the Federal
Government's authority to act in this area.
(b) Departmental regulations set forth in 28 CFR part 61, Appendix
D, applicable to the Office of Justice Programs, shall apply with equal
force and effect to the Office on Violence Against Women, with
references to the Office of Justice Assistance, Research and
Statistics, and its components, in such regulations deemed to refer to
the Office on Violence Against Women, as appropriate.
Dated: April 12, 2006.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 06-3673 Filed 4-17-06; 8:45 am]
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