Attorney General's Advisory Committee of United States Attorneys; Amendments
Federal Register: September 15, 2009 (Volume 74, Number 177)
Rules and Regulations
Page 47096-47097
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr15se09-5
DEPARTMENT OF JUSTICE 28 CFR Part 0
Docket No. AG Order No. 3108-2009
The Attorney General's Advisory Committee of United States
Attorneys
AGENCY: Department of Justice.
ACTION: Final rule.
SUMMARY: This rule amends the Department of Justice regulation concerning the Attorney General's Advisory Committee of United States
Attorneys. The amendments will provide the Attorney General greater flexibility in determining the size of the Committee, and will provide that the Attorney General will select the Committee's leadership.
DATES: Effective Date: September 15, 2009.
FOR FURTHER INFORMATION CONTACT: Norman Wong, Deputy Director and
Counsel to the Director, Executive Office for United States Attorneys,
Department of Justice, 950 Pennsylvania Avenue, Washington, DC 20530
(202) 514-2121.
SUPPLEMENTARY INFORMATION: This regulation recognizes that the
United States Attorneys, as Presidential appointees having responsibilities mandated by Congress (28 U.S.C. 547), should be afforded an appropriate and formal means for contributing to the development of Department of Justice policies and procedures. The
Attorney General's Advisory Committee of United States Attorneys
(``Committee'') aids the improvement of communication between federal and state law enforcement officials, the promotion of greater consistency in the application of legal standards, and the improvement of the criminal justice system at all levels of government. Under the existing regulation, the Committee is composed of fifteen members designated by the Attorney General, and the Committee is charged with selecting its leadership. Under the revised regulation, the Attorney
General will determine the number of Committee members and will select from the membership a chairperson and vice-chairperson. The United
States Attorney for the District of Columbia will serve as an ex officio member.
Administrative Procedure Act
This rule is a rule of agency organization and procedure, and relates to the internal management of the Department of Justice. It is therefore exempt from the requirements of notice and comments and a delayed effective date. 5 U.S.C. 553(b), (d).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b), has reviewed this regulation and by approving it certifies that this regulation 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 was not required to be prepared for this final rule since the Department was not required to publish a general notice of proposed rulemaking for this matter.
Page 47097
Regulatory Order 12866--Regulatory Planning and Review
This action has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, Sec. 1(b),
Principles of Regulation. This rule is limited to agency organization, management and personnel as described by Executive Order 12866 Sec. 3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as defined by that Executive Order. Accordingly, this action has not been reviewed by the Office of Management and Budget.
Executive Order 12988--Civil Justice Reform
This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 13132--Federalism
This regulation 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, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federal
Assessment.
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
$100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
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 Enforcement 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
By virtue of the authority vested in me by 28 U.S.C. 509 and 510, and 5
U.S.C. 301, Subpart B of Part 0 of Chapter I of Title 28, Code of
Federal Regulations, is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE 0 1. The authority citation of Part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 209, 510, 515-519. 0 2. In Sec. 0.10, paragraphs (a) and (c) are revised to read:
Sec. 0.10 Attorney General's Advisory Committee of United States
Attorneys.
(a) The Attorney General's Advisory Committee of United States
Attorneys shall consist of an appropriate number of United States
Attorneys, designated by the Attorney General. The membership shall be selected to represent the various geographic areas of the Nation and various sized United States Attorneys' Offices. Members shall serve at the pleasure of the Attorney General, but such service normally shall not exceed three years and shall be subject to adjustment by the
Attorney General so as to assure the annual rotation of approximately one-third of the Committee's membership. The United States Attorney for the District of Columbia shall serve as an ex officio member of the
Committee. The Attorney General may designate additional personnel from
United States Attorneys' Offices to serve as members of the Committee.
* * * * *
(c) The Attorney General will select from the Committee's membership a chairperson and a vice-chairperson. The Attorney General may establish such subcommittees as deemed necessary to carry out the
Committee's objectives. The Committee, in consultation with the
Director of the Executive Office for United States Attorneys, will select chairpersons for such subcommittees. United States Attorneys who are not members of the Committee may be included in the membership of subcommittees.
* * * * *
Dated: September 4, 2009.
Eric H. Holder, Jr.,
Attorney General.
FR Doc. E9-22124 Filed 9-14-09; 8:45 am
