1 December 1997
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

-----------------------------------------------------------------------

[Federal Register: December 1, 1997 (Volume 62, Number 230)]
[Rules and Regulations]
[Page 63453-63454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de97-7]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[A.G. Order No. 2130-97]


Organization; Approval of Charges Under the Economic Espionage
Act of 1996

AGENCY: Office of the Attorney General, Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This order amends Part 0 of Title 28, Code of Federal
Regulations, to require that the United States may not file charges
under the Economic Espionage Act of 1996 (EEA), or use a violation of
the EEA as a predicate offense under any other law, without the
personal approval of the Attorney General, the Deputy Attorney General,
or the Assistant Attorney General in charge of the Criminal Division
(or the Acting Official in each of these positions if a position is
filled by an Acting official).

EFFECTIVE DATE: November 20, 1997.

FOR FURTHER INFORMATION CONTACT:
Bert Brandenberg, Director, Office of Public Affairs, U.S. Department
of Justice, Washington, DC 20530, (202) 616-2777.

SUPPLEMENTARY INFORMATION: This order pertains to a matter of internal
Department management. It does not have a significant economic impact
on a substantial number of small entities. 5 U.S.C. 605(b). This rule
is not a ``significant regulatory action'' under Executive Order 12866;
accordingly, it has not been reviewed by the Office of Management and
Budget. It is not a major rule as defined by Section 804 of the Small
Business Regulatory Enforcement Act of 1996. Finally, this rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Assessment pursuant to Executive Order 12612.

List of Subjects in 28 CFR Part 0

    Authority delegations (government agencies), Government employees,
Organizations and functions (government agencies), Whistleblowing.

    Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, Part 0 of
Title 28 of the Code of Federal Regulations 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. Section 0.64-5 is added to read as follows:

Sec. 0.64-5  Policy with regard to bringing charges under the Economic
Espionage Act of 1996, Pub. L. 104-294, effective October 11, 1996.

    The United States may not file a charge under the Economic
Espionage Act of 1996 (EEA), Pub. L. 104-294, 110 Stat. 3488, 18 U.S.C.
1831 et seq., effective October 11, 1996, or use a violation of the EEA
as a predicate offense under any other law, without the personal
approval of the Attorney General, the Deputy Attorney General, or the
Assistant Attorney General of the Criminal Division (or the Acting
official in each of these positions if a position is filled by an
Acting Official). Violations of this regulation are appropriately
sanctionable and will be reported by the Attorney General to the Senate
and House Judiciary Committees. Responsibility for reviewing proposed
charges under the EEA rests with the Computer Crime and Intellectual
Property Section, Criminal Division, which will consult with the
Internal Security Section, Criminal Division, in cases involving
charges under 18 U.S.C.

[[Page 63454]]

1831. This regulation shall remain in effect until October 11, 2001.

    Dated: November 20, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-31192 Filed 11-28-97; 8:45 am]
BILLING CODE 4410-14-M