Rule2021-25455
Designation of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 23, 2021
Effective
November 23, 2021
Issuing agencies
Justice Department
Abstract
The Attorney General has authorized the Assistant Attorney General for the Criminal Division to perform the functions of the ``Designated Authority'' under executive agreements between the United States and other countries on access to data by foreign governments and to delegate that authority to certain officials in the Office of International Affairs (``OIA''). Consistent with that authorization, the Assistant Attorney General for the Criminal Division delegates authority to perform the functions of the Designated Authority pursuant to such agreements to the Deputy Assistant Attorneys General, Criminal Division, and the Director, Deputy Directors and the Associate Director supervising the implementation of such agreements in OIA.
Full Text
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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Rules and Regulations]
[Pages 66458-66459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25455]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[Directive No. 2021-001]
Designation of Authority
AGENCY: Office of the Assistant Attorney General, Criminal Division,
Department of Justice.
ACTION: Final rule.
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SUMMARY: The Attorney General has authorized the Assistant Attorney
General for the Criminal Division to perform the functions of the
``Designated Authority'' under executive agreements between the United
States and other countries on access to data by foreign governments and
to delegate that authority to certain officials in the Office of
International Affairs (``OIA''). Consistent with that authorization,
the Assistant Attorney General for the Criminal Division delegates
authority to perform the functions of the Designated Authority pursuant
to such agreements to the Deputy Assistant Attorneys General, Criminal
Division, and the Director, Deputy Directors and the Associate Director
supervising the implementation of such agreements in OIA.
DATES: Effective November 23, 2021.
FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of
International Affairs, Criminal Division, U.S. Department of Justice,
Washington, DC 20005; Telephone (202) 514-0000.
SUPPLEMENTARY INFORMATION: Congress authorized the United States to
enter into executive agreements with foreign governments under which
the parties afford each other reciprocal rights of
[[Page 66459]]
access to data covered by such agreements in response to qualifying,
lawful orders. See Clarifying Lawful Overseas Use of Data Act, Public
Law 115-141, Div. V, Section 105(a) (March 23, 2018), 18 U.S.C. 2523
(``CLOUD Act''). The first such executive agreement was concluded
between the Government of the United States of America and the
Government of the United Kingdom of Great Britain and Northern Ireland.
See Agreement between the Government of the United States of America
and the Government of the United Kingdom of Great Britain and Northern
Ireland on Access to Electronic Data for the Purpose of Countering
Serious Crime (October 3, 2019), available at <a href="https://www.justice.gov/dag/cloudact">https://www.justice.gov/dag/cloudact</a> (the ``U.S.--U.K. Agreement''). The U.S.--U.K. Agreement
provides that a ``Designated Authority'' for each country shall perform
certain, specified functions necessary to implement the agreement. As
applied to the United States, ``Designated Authority'' is defined under
the agreement as ``the governmental entity designated . . . by the
Attorney General.'' Id. at Article 1.8. To address the requirements of
this executive agreement, the Attorney General has designated the
Criminal Division as the ``Designated Authority'' in a Federal Register
notice published on October 23, 2020. The Attorney General has
authorized the Assistant Attorney General in charge of the Criminal
Division to perform the functions of the Designated Authority and also
to delegate this authority. 28 CFR 0.64-6. This final rule delegates
that authority to officials in the Criminal Division and OIA.
To address future agreements of this nature, this final rule
applies to any executive agreement under 18 U.S.C. 2523 that either
designates the Attorney General or the Department of Justice as the
Designated Authority or authorizes the Attorney General to designate a
Designated Authority (or like designation), and for which the Attorney
General has designated the Criminal Division as such authority.
Administrative Procedure Act--5 U.S.C. 553
This rule is a rule of agency organization and relates to a matter
relating to agency management and is therefore exempt from the
requirements of prior notice and comment and a 30-day delay in the
effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A), 553(d).
Regulatory Flexibility Act
Further, a Regulatory Flexibility Analysis is not required to be
prepared for this final rule because the Department was not required to
publish a general notice of proposed rulemaking for this matter. 5
U.S.C. 604(a).
Executive Orders 12866 and 13563--Regulatory Review
This action has been drafted and reviewed in accordance with
section 1(b) of Executive Order 12866, ``Regulatory Planning and
Review,'' and section 1(b) of Executive Order 13563, ``Improving
Regulation and Regulatory Review.'' This rule is limited to agency
organization, management, and personnel as described in section 3(d)(3)
of Executive Order 12866 and, therefore, is not a ``regulation'' or
``rule'' as defined by the order. Accordingly, this action has not been
reviewed by the Office of Management and Budget.
Executive Order 13132--Federalism
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on 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 federalism summary impact
statement.
Executive Order 12988--Civil Justice Reform
This rule was drafted in accordance with the applicable standards
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1955
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 (adjusted annually for inflation),
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, 5 U.S.C.
804(3)(B), (C).
Therefore, the reporting requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 28 CFR Part 0
International agreements, Treaties.
For the reasons stated in the preamble, part 0 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. Add Directive No. 2021-001 at the end of Appendix to Subpart K to
read as follows:
Appendix to Subpart K of Part 0
Criminal Division
* * * * *
Directive No. 2021-001
Designated Authority under executive agreements on access to data by
foreign governments.
By virtue of the authority vested in me by Sec. 0.64-6 of Title
28 of the Code of Federal Regulations, I hereby delegate the
authority to perform the functions of the Designated Authority under
executive agreements between the United States of America and other
countries regarding access to data by foreign governments,
negotiated pursuant to the authority in 18 U.S.C. 2523, to the
Deputy Assistant Attorneys General, Criminal Division, and the
Director, the Deputy Directors and the Associate Director
supervising implementation of such agreements in the Office of
International Affairs. This delegation applies to executive
agreements that either designate the Attorney General or the
Department of Justice as the Designated Authority (or like
designation) or authorize the Attorney General to designate a
Designated Authority (or like designation), and for which the
Attorney General has designated the Criminal Division as such
authority.
Dated: October 7, 2021.
Kenneth A. Polite, Jr.,
Assistant Attorney General.
[FR Doc. 2021-25455 Filed 11-22-21; 8:45 am]
BILLING CODE 4410-14-P
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