[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Rules and Regulations]
[Pages 65542-65543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25252]


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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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