Amendment to Organization and Delegation of Powers and Duties of the Privacy 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 []
[FR Doc No: 2019-15951]
Rules and Regulations
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Rules
and Regulations
[[Page 36455]]
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].
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.
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
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
    This rule is not expected to be a regulatory action under Executive
Order 13771 because this rule is not significant under Executive Order
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:
1. The authority citation for 6 CFR part 1000 through 1000 continues to
read as follows:
    Authority:  5 U.S.C. 552, as amended.
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
* * * * *
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.
4. Amend Sec.  1000.5 by--
a. Revising paragraph (a)(5);
b. Adding paragraph (a)(6);
c. Revising paragraphs (b)(5) and (6);
d. Removing paragraphs (b)(7) through (10); and
e. Revising paragraph (c) and paragraphs (d) introductory text and
    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
    (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]