[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Rules and Regulations]
[Page 65542-65543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-13]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 2738-2004]
Delegations of Authority; Federal Bureau of Investigation
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: Recent consultations between criminal law enforcement
investigative agencies and the Department of Justice have suggested the
need to simplify and clarify the delegations of authority to the
Federal Bureau of Investigation to investigate any criminal violations
of law in certain foreign counterintelligence areas. This final rule
changes the language of the delegations of authority to eliminate
confusion about the scope of the delegation.
EFFECTIVE DATE: November 15, 2004.
FOR FURTHER INFORMATION CONTACT: Bruce C. Swartz, Deputy Assistant
Attorney General, Criminal Division, United States Department of
Justice, Washington, DC 20530 (202) 514-2333 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: The Attorney General has authority to
investigate any violation of the criminal laws of the United States. 28
U.S.C. 533. As a general proposition, the Attorney General has
delegated general investigative authority to the Federal Bureau of
Investigation. 28 CFR 0.85(a). Recent consultations among investigative
agencies have indicated that confusion has been created by the use of
limiting language in the formal delegations of authority within the
Department. The limitation of the Federal Bureau of Investigation's
authority to the extent that investigative authority is assigned
elsewhere was not intended as other than an internal management tool.
The Department has determined that the limitation should be stated more
clearly and applicable only when statute or other authority, such as an
Executive Order or Attorney General delegation, assigns investigative
authority exclusively to another agency or component. Accordingly, this
final rule amends the language in 28 CFR part 0.
Administrative Procedure Act
This rule relates to matters of agency management and personnel
and, therefore, is exempt from the usual requirements of prior notice
and comment and a 30-day delay in effective date. See 5 U.S.C.
553(a)(2) and (d). The rule only alters an internal delegation to the
Federal Bureau of Investigation.
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 it 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 is not required for this final rule
because the Department was not required to publish a general notice of
proposed rulemaking for this matter.
Executive Order 12866
This rule 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 matters as described by Executive Order 12866,
Sec. 3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as
defined by that Executive Order.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
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.
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 are 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 (SBREFA), 5
U.S.C. 804. This rule will not result in an
[[Page 65543]]
annual effect 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.
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 Enforcment 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), Whistleblowing.
0
Accordingly, chapter 1 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. 0.85, paragraph (a) is amended by removing ``specifically''
and adding in its place ``exclusively,'' and paragraph (d) is revised
to read as follows:
Sec. 0.85 General functions.
* * * * *
(d) Carry out the Presidential directive of September 6, 1939, as
reaffirmed by Presidential directives of January 8, 1943, July 24,
1950, and December 15, 1953, designating the Federal Bureau of
Investigation to take charge of investigative work in matters relating
to espionage, sabotage, subversive activities, and related matters,
including investigating any potential violations of the Arms Export
Control Act, the Export Administration Act, the Trading with the Enemy
Act, or the International Emergency Economic Powers Act, relating to
any foreign counterintelligence matter.
* * * * *
Dated: November 5, 2004.
John Ashcroft,
Atorney General.
[FR Doc. 04-25252 Filed 11-12-04; 8:45 am]
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