[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Rules and Regulations]
[Pages 4294-4296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-1900]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 2204-99]


Withdrawal of the Attorney General's Delegation of Gift-
Acceptance Authority to the Director of the Bureau of Prisons and the 
Administrator of the Drug Enforcement Administration

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule eliminates current rules that delegate to the 
Director of the Bureau of Prisons the Attorney

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General's authority to accept gifts made to the Bureau of Prisons, 
Federal Prisons Industries, and the Commissary Funds, Federal Prisons. 
This rule also adds language to clarify that delegations to the 
Administrator of the Drug Enforcement Administration of functions 
vested in the Attorney General by the Comprehensive Drug Abuse 
Prevention and Control Act of 1970, as amended, are qualified by the 
Attorney General's right to reserve authority over any of those 
functions and to grant some or all of those functions to other officers 
or employees of the Department of Justice. The purpose of these changes 
is to reflect the Attorney General's recent delegation of general gift-
acceptance authority to the Assistant Attorney General for 
Administration. This action is being undertaken to promote 
administrative efficiency.

EFFECTIVE DATE: January 28, 1999.

FOR FURTHER INFORMATION CONTACT: Dorothy L. Foley, Attorney-Advisor, 
Office of the General Counsel, Justice Management Division, U.S. 
Department of Justice, (202) 514-3452.

SUPPLEMENTARY INFORMATION: Currently, 28 CFR 0.96(f) delegates to the 
Director of the Bureau of Prisons the authority vested in the Attorney 
General, pursuant to 18 U.S.C. 4043, to accept ``gifts or bequests of 
money for credit to the `Commissary Funds, Federal Prisons.''' Section 
0.96(s) of title 28 of the Code of Federal Regulations delegates to the 
Director of the Bureau of Prisons the authority vested in the Attorney 
General pursuant to 18 U.S.C. 4044 ``to accept any form of devise, 
bequest, gift or donation of money or property for use by the Bureau of 
Prisons and Federal Prison Industries.''
    Section 0.100(b) of title 28 of the Code of Federal Regulations 
delegates to the Administrator of the Drug Enforcement Administration 
``[f]unctions vested in the Attorney General by the Comprehensive Drug 
Abuse Prevention and Control Act of 1970, as amended* * * and not 
otherwise specifically assigned or reserved by him.'' 28 CFR 0.100(b). 
Among the functions assigned to the Attorney General by the 
Comprehensive Drug Abuse Prevention and Control Act of 1970, as 
amended, is the authority to ``accept in the name of the Department of 
Justice any form of devise, bequest, gift or donation where the donor 
intends to donate property for the purpose of preventing or controlling 
the abuse of controlled substances.'' 21 U.S.C. 871(c).
    Recently-enacted legislation gave the Attorney General general 
authority to accept gifts on behalf of all components of the Department 
of Justice. 28 U.S.C. 524(d)(1). The Attorney General has delegated 
this gift-acceptance authority to the Assistant Attorney General for 
Administration. Department of Justice Order No. 2400.2 (September 2, 
1997). Through this delegation to the Assistant Attorney General for 
Administration, the Attorney General withdrew all previous delegations 
of gift-acceptance authority to other components of the Department. 
This rule reflects the withdrawal of that gift-acceptance authority by 
removing the inconsistent delegation language of sections 0.96(f) and 
(s) of title 28 of the Code of Federal Regulations regarding the 
Director of the Bureau of Prisons and clarifying that the delegation of 
functions to the Administrator of the Drug Enforcement Administration 
in section 0.100(b) is qualified by other delegation of those functions 
by the Attorney General.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, section (1)(b), Principles of Regulation. The 
Department of Justice has determined that this rule is not a regulation 
or rule subject to review pursuant to Executive Order 12866, section 
3(d)(3), and accordingly it has not been reviewed by the Office of 
Management and Budget.

Unfunded Mandates Reform Act of 1995

    This rules makes an administrative change in the Department's 
internal regulations and 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 provision of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by the Small Business 
Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This rule 
makes an administrative change in the Department's internal regulations 
concerning the acceptance of gifts by the Department and will not 
result in an annual effect on the economy of $100,000,000 or more, a 
major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, or innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

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 the rule will not have a significant economic impact on 
a substantial number of small entities.

Executive Order 12612

    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 section 6 of 
Executive Order 12612, the Department of Justice has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Executive Order 12988

    This rule meets the applicable standards provided in section 3(a) 
and (b)(2) of Executive Order 12988.

Administrative Procedure Act

    This rule was not published for public comment because it pertains 
to a matter of internal Department of Justice management.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies); Government employees; 
Organization and Functions (Government Agencies); Whistleblowing.

    Accordingly, Part 0 of title 28 of the Code of Federal Regulation 
is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

    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.

    2. In Sec. 0.96 of Subpart Q of 28 CFR, remove paragraphs (f) and 
(s) and redesignate paragraphs (g) through (v) as paragraphs (f) 
through (t).
    3. In Sec. 0.100 of Subpart R of 28 CFR, revise the first sentence 
of paragraph (b) to read as follows:


Sec. 0.100  General functions.

* * * * *
    (b) Except where the Attorney General has delegated authority to 
another Department of Justice official to exercise such functions, 
functions vested in the Attorney General by the Comprehensive

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Drug Abuse Prevention and Control Act of 1970, as amended. * * *
* * * * *
    Dated: January 8, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-1900 Filed 1-27-99; 8:45 am]
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