Amendment to Organization and Delegation of Powers and Duties of the Privacy and Civil Liberties Oversight Board

Published date29 July 2019
Citation84 FR 36455
Record Number2019-15951
SectionRules and Regulations
CourtPrivacy And Civil Liberties Oversight Board
Federal Register, Volume 84 Issue 145 (Monday, July 29, 2019)
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
                [Rules and Regulations]
                [Pages 36455-36456]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-15951]
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                Rules and Regulations
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains regulatory documents
                having general applicability and legal effect, most of which are keyed
                to and codified in the Code of Federal Regulations, which is published
                under 50 titles pursuant to 44 U.S.C. 1510.
                The Code of Federal Regulations is sold by the Superintendent of Documents.
                ========================================================================
                Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Rules
                and Regulations
                [[Page 36455]]
                PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
                6 CFR Part 1000
                [PCLOB Case 2019-001; Docket No. 2019-0001; Sequence No. 1]
                RIN 0311-AA05
                Amendment to Organization and Delegation of Powers and Duties of
                the Privacy and Civil Liberties Oversight Board
                AGENCY: Privacy and Civil Liberties Oversight Board.
                ACTION: Final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Privacy and Civil Liberties Oversight Board (the Board)
                revises its Organization and Delegation of powers to reflect the
                current structure of the agency and set forth greater authority for
                agency delegations. This revision also reflects the structural
                flexibility envisioned by our enabling statute.
                DATES: Effective: August 28, 2019.
                FOR FURTHER INFORMATION CONTACT: Mr. Eric Broxmeyer, General Counsel,
                Privacy and Civil Liberties Oversight Board, at 202-296-4617 or
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background
                 The changes to the organization and delegation of powers and duties
                reflect changes to the agency's organization and powers of certain
                agency officials. Specifically, section 1000.2 provides more detailed
                definitions for the roles and responsibilities of the Board's Executive
                Director and General Counsel. Section 1000.3 presents the Board's
                revised organizational structure, which has changed from the time the
                organizational structure was originally published. Finally, Section
                1000.5 provides greater specificity regarding how the Board handles
                delegations and designations.
                II. Regulatory Analysis and Notices
                Administrative Procedure Act
                 This rule is a rule of agency organization, procedure, or practice.
                The Board publishes it as a final rule in accordance with 5 U.S.C.
                553(b)(A).
                Regulatory Flexibility Act/Executive Order 13272: Small Business
                 The Board certifies that this rule will not have a significant
                economic impact on a substantial number of small entities.
                Unfunded Mandates Reform Act of 1995
                 The Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4,
                requires each agency to assess the effects of its regulatory actions on
                state, local, and tribal governments, and the private sector. Agencies
                must prepare a written statement of economic and regulatory
                alternatives any time a proposed or final rule imposes a new or
                additional enforceable duty on any state, local, or tribal government
                or the private sector that causes those entities to spend, in
                aggregate, $100 million or more (adjusted for inflation) in any one
                year (defined in UMRA as a ``federal mandate''). This rule will not
                result in any such expenditure, nor will it significantly or uniquely
                affect small governments.
                Small Business Regulatory Enforcement Fairness Act of 1996
                 This rule is not a major rule as defined by 5 U.S.C. 804. The Board
                is aware of no monetary effect on the economy that would result from
                this rulemaking, nor will there be any increase in costs or prices; or
                any effect on competition, employment, investment, productivity,
                innovation, or the ability of United States-based companies to compete
                with foreign-based companies in domestic and import markets.
                Executive Order 12866
                 The Board does not consider this rule to be a ``significant
                regulatory action'' under Executive Order 12866, section 3(f),
                Regulatory Planning and Review. The Board has reviewed this rule to
                ensure its consistency with the regulatory philosophy and principles
                set forth in Executive Order 12866. This rule deals with the structure
                of the Board and sets forth greater authority for agency delegations
                and will not impose any costs on the public. The Board has determined
                that the benefits of this regulation, i.e., providing transparency to
                the public regarding its current structure and its authority for agency
                delegations, outweigh any costs.
                Executive Orders 12372 and 13132: Federalism
                 This regulation will not have substantial direct effects on the
                States, on the relationship between the national government and the
                States, or the distribution of power and responsibilities among the
                various levels of government. The rule will not have federalism
                implications warranting the application of Executive Orders 12372 and
                13132.
                Executive Order 12988: Civil Justice Reform
                 The Board has reviewed the regulation in light of sections 3(a) and
                3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize
                litigation, establish clear legal standards, and reduce burden.
                Executive Order 13563: Improving Regulation and Regulatory Review
                 The Board has considered this rule in light of Executive Order
                13563, dated January 18, 2011, and affirms that this regulation is
                consistent with the guidance therein.
                Executive Order 13771: Reducing Regulation and Controlling Regulatory
                Costs
                 This rule is not expected to be a regulatory action under Executive
                Order 13771 because this rule is not significant under Executive Order
                12866.
                Paperwork Reduction Act
                 Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et
                seq., federal agencies must obtain approval from the Office of
                Management and Budget for each collection of information they conduct,
                sponsor, or require through regulations. This rule does not impose new
                or revised information collection requirements under the provisions of
                the PRA.
                List of Subjects in 6 CFR Part 1000
                 Administrative practice and procedure; Organization; Functions;
                Delegations of Authority.
                [[Page 36456]]
                 Dated: July 23, 2019.
                Eric Broxmeyer,
                General Counsel, Privacy and Civil Liberties Oversight Board.
                 For the reasons set forth in the preamble, the Board amends 6 CFR
                part 1000 as set forth below:
                PART 1000--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES OF THE
                PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
                0
                1. The authority citation for 6 CFR part 1000 through 1000 continues to
                read as follows:
                 Authority: 5 U.S.C. 552, as amended.
                0
                2. Amend Sec. 1000.2 by adding in alphabetical order a definition for
                ``Executive Director'' and revising the definition of ``General
                Counsel'' to read as follows:
                Sec. 1000.2 Definitions.
                * * * * *
                 Executive Director means the individual appointed by the Chairman
                to act as the Executive Director (or, in the event the Chairman
                position is vacant, by the Board) to discharge the responsibilities
                assigned to the Executive Director.
                 General Counsel means the individual appointed by the Chairman to
                act as the chief legal officer of the Board or, if the General Counsel
                is absent or unavailable, the Deputy General Counsel, or in the event
                both positions are vacant, the individual(s) designated by the Chairman
                (or, in the event the Chairman position is vacant, by the Board) to
                discharge the responsibilities assigned to the General Counsel. If both
                the General Counsel and Deputy General Counsel are absent and
                unavailable for a prolonged period of time, the Chairman (or the Board
                in the event the Chairman position is vacant) may designate any Staff
                Member who is an active member of the bar of any state, territory, or
                the District of Columbia to temporarily discharge the responsibilities
                assigned to the General Counsel until the General Counsel or Deputy
                General Counsel is again available or a successor has been duly
                appointed.
                * * * * *
                0
                3. Amend Sec. 1000.3 by revising paragraph (b) to read as follows:
                Sec. 1000.3 Organization.
                * * * * *
                 (b) The Board's staff is comprised of the following:
                 (1) Mission staff who assist the Board with its advice, oversight,
                and other mission functions, as described in 42 U.S.C. 2000ee(d) and 6
                CFR 1000.4; and
                 (2) Administrative staff who support the Board's operations on a
                variety of administrative matters, such as budget, contracts,
                information technology and information assurance, and security; and
                 (3) Legal staff who provide the Board and agency employees with
                legal advice and ethical guidance.
                0
                4. Amend Sec. 1000.5 by--
                0
                a. Revising paragraph (a)(5);
                0
                b. Adding paragraph (a)(6);
                0
                c. Revising paragraphs (b)(5) and (6);
                0
                d. Removing paragraphs (b)(7) through (10); and
                0
                e. Revising paragraph (c) and paragraphs (d) introductory text and
                (d)(2).
                 The revisions and addition read as follows:
                Sec. 1000.5 Delegations of authority.
                 (a) * * *
                 (5) Formulation and implementation of policies designed to assure
                the effective administration of the Board's operations and the
                efficient operations of the staff.
                 (6) Any authority that is not delegated by the Board in this part,
                or otherwise vested in officials other than the Board, is reserved to
                the Board. The Board may reverse delegations at any time, and all
                delegated authority reverts to the Board upon the termination or
                expiration of the delegation.
                 (b) * * *
                 (5) Redelegate to one or more Board staff persons those
                responsibilities to the Executive Director or General Counsel under
                this part, in the event that either position is unfilled.
                 (6) Authorize any officer or employee of the Board to perform a
                function vested in, delegated, or otherwise designated to the Chairman.
                 (c) Executive Director. The Executive Director manages the staff
                and assists with the day-to-day operation of the agency. The Executive
                Director is delegated authority to--
                 (1) Manage the Board's mission-related projects in accordance with
                the priorities set by the Board;
                 (2) Supervise the Board's mission staff; and
                 (3) Authorize any officer or employee of the Board to perform a
                function vested in, delegated, or otherwise designated to the Executive
                Director.
                 (d) General Counsel. The General Counsel is the Board's chief legal
                officer, and serves as the Board's legal advisor. The General Counsel
                is delegated authority to--
                * * * * *
                 (2) Certify Board votes and conduct other necessary corporate
                secretary functions consistent with Board policies and procedures; and
                * * * * *
                [FR Doc. 2019-15951 Filed 7-26-19; 8:45 am]
                 BILLING CODE 6820-B3-P
                

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