Imágenes de páginas
PDF
EPUB

(n) Certificates required for printing illustrations. Making the certificate required with respect to the necessity for including illustrations in printing pursuant to section 1 of the act of March 3, 1905, 33 Stat. 1213 (44 U.S.C. 118).

(0) Certificates relating to long distance telephone calls. Making certificates with respect to the necessity of long distance telephone calls pursuant to section 4 of the act of May 10, 1939, 53 Stat. 738 (31 U.S.C. 680a).

(p) Acceptance of service of summons. Accepting service of summons, complaint, or other paper, as a representative of the Attorney General, under the Federal Rules of Civil and Criminal Procedure or in any suit within the purview of subsection (a) of section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560; 43 U.S.C. 666(a)).

(q) Designations for listing persons to receive Federal Register and other publications. Designating an officer, and an alternate, to place on the mailing list names of persons entitled to receive the FEDERAL REGISTER, the Code of Federal Regulations, and the United States Government Organization Manual (1 CFR 1.21).

(r) Certificates for expenses of collecting evidence. Making certificates required in connection with the payment of expenses of collecting evidence: Provided, That each such certificate made by the Administrative Assistant Attorney General shall be approved by the Attorney General.

[Order No. 271–62, 27 F.R. 5168, June 1, 1962, as amended by Order No. 274-62, 27 F.R. 5795, June 20, 1962; Order No. 319-64, 29 F.R. 11182, Aug. 8, 1964]

[blocks in formation]

the Attorney General by the Military Personnel and Civilian Employees' Claims Act of 1964 (78 Stat. 767). [Order 327-64, 29 F.R. 15918, Nov. 28, 1964]

§ 0.79 Administrative supervision over certain agencies.

The Assistant Attorney General for Administration is authorized to exercise administrative supervision over the Board of Immigration Appeals, the Board of Parole, and the Office of the Pardon Attorney.

§ 0.80 Authority with respect to certain personal property.

The Assistant Attorney General for Administration is authorized to exercise the power and authority vested in the Attorney General by the Administrator of General Services (16 F.R. 7335), except to determine when title is vested in the United States, to take final action with respect to certain unclaimed, privately-owned personal property (including abandoned property) of an estimated value of $100.00 or less, and cash or negotiable instruments not to exceed $500.00 (17 F.R. 1165).

§ 0.81 Selection and assignment of employees for training.

The Assistant Attorney General for Administration is authorized as to all organizational units of the Department (including United States Attorneys and Marshals) to exercise the authority vested in the Attorney General by sections 10 and 18 of the Government Employees Training Act (72 Stat. 332, 335) with respect to the selection and assignment of employees for training by, in, or through non-Government facilities under that act, the payment of the expenses of such training or the reimbursement of employees therefor, and the preparation and submission of the annual report to the Civil Service Commission required by the act.

§ 0.82 Apopintment of grievance com

mittees.

The Assistant Attorney General for Administration is authorized to appoint grievance committees to consider decisions relating to employee grievances of employees in the competitive service, including probationary and temporary employees, appealed to the Attorney General, and to notify the employees concerned of the Attorney General's decision with respect thereto.

§ 0.83 Principal Compliance Officer.

Pursuant to section 307 of Executive Order No. 10925 of March 6, 1961, relating to the President's Committee on Equal Employment Opportunity, the Assistant Attorney General for Administration is designated as the Principal Compliance Officer for the Department of Justice, and he is authorized to designate, from time to time, such Deputy Compliance Officers as he may deem to be necessary and appropriate to carry out the provisions of that order. [Order No. 299-63, 28 F.R. 7559, July 25, 1963] § 0.84 Redelegation of authority.

The Assistant Attorney General for Administration is authorized to redelegate to any of his subordinates or to any other officers or employees in the Department any of the power or authority vested in him by this Subpart O. Existing redelegations by the Assistant Attorney General for Administration shall continue in force and effect until modified or revoked.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962. Redesignated by Order No. 299-63, 28 F.R. 7559, July 25, 1963]

[blocks in formation]

Subject to the general supervision and direction of the Attorney General, the Director of the Federal Bureau of Investigation shall:

(a) Investigate violations of the laws of the United States and collect evidence in cases in which the United States is or may be a party in interest, except in cases in which such responsibility is by statute or otherwise specifically assigned to another investigative agency.

(b) Conduct the acquisition, collection, exchange, classification, and preservation of identification records, including personal fingerprints voluntarily submitted, on a mutually beneficial basis, from law enforcement and other governmental agencies, insurance companies, railroad police, national banks, member banks of the Federal Reserve System,

FDIC-Reserve-Insured Banks, and bank. ing institutions insured by the Federal Savings and Loan Insurance Corporation; provide expert testimony in Federal or local courts as to fingerprint examinations; and provide identification assistance in disasters and in missingpersons type cases.

(c) Conduct personnel investigations requisite to the work of the Department of Justice and whenever required by statute or otherwise.

(d) Carry out the Presidential directive of September 6, 1939, as reaffirmed by Presidential directives of January 8, 1943, July 24, 1950, and December 15, 1953, designating the Federal Bureau of Investigation to take charge of investigative work in matters relating to espionage, sabotage, subversive activities, and related matters.

(e) Conduct training in police science matters as a cooperative measure for the benefit of duly authorized municipal, county, and State law inforcement agencies; operate the Federal Bureau of Investigation National Academy; and operate a training program and facilities for personnel of the Federal Bureau of Investigation.

(f) Operate a central clearinghouse for police statistics under the Uniform Crime Reporting Program.

(g) Operate the Federal Bureau of Investigation Laboratory, to serve not only the Federal Bureau of Investigation, but also to provide, without cost, technical and scientific assistance, including expert testimony in Federal or local courts, for all duly constituted law enforcement agencies, other organizational units of the Department of Justice, and other Federal agencies, which may desire to avail themselves of the service.

(h) Make recommendations to the Civil Service Commission in connection with applications for retirement under section 6(c) of the Civil Service Retirement Act as amended by the act of July 31, 1956, 70 Stat. 749.

(i) Investigate alleged fraudulent conduct in connection with operations of the Federal Housing Administration and other alleged violations of the criminal provisions of the National Housing Act, including section 1010 of title 18 of the United States Code.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 308-63, 28 F.R. 13769, Dec. 18, 1963]

0.86 Seizure of gambling devices.

The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors and agents of the Federal Bureau of Investigation are authorized to exercise the power and authority vested in the Attorney General under the act of January 2, 1951, 64 Stat. 1135, to make seizures of gambling devices. § 0.87 Representation on committee for visit-exchange.

The Director of the Federal Bureau of Investigation shall be a member of "the committee which represents the Department of Justice in the development and implementation of plans for ex-changing visits between the Iron Curtain countries and the United States and shall have authority to designate an alternate to serve on such committee.

[blocks in formation]

§ 0.89 Authority to seize arms and munitions of war.

The Director of the Federal Bureau of Investigation is authorized to exercise the authority conferred upon the Attorney General by section 1 of E.O. No. 10863 of February 18, 1960 (25 F.R. 1507), relating to the seizure of arms and munitions of war, and other articles, pursuant to section 1 of Title VI of the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401).

[blocks in formation]

§ 0.95 General functions.

Subject to the general supervision and direction of the Attorney General, the Director of the Bureau of Prisons shall direct all activities of the Bureau of Prisions, including:

(a) Management and regulation of all Federal penal and correctional institutions (except military or naval institutions), and prison commissaries.

(b) Provision of suitable quarters for, and safekeeping, care, and subsistence of, all persons charged with or convicted of offenses against the United States or held as witnesses or otherwise.

(c) Provision for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States.

(d) Classification, commitment, control, or treatment of persons, including insane prisoners or juvenile delinquents, charged with or convicted of offenses against the United States.

(e) Payment of rewards with respect to escaped Federal prisoners (18 U.S.C. 3059).

(f) Certification with respect to the insanity or mental incompetence of a prisoner whose sentence is about to expire pursuant to section 4247 of title 18 of the United States Code.

(g) Certification with respect to the availability of proper and adequate treatment facilities and personnel pursuant to section 5003 of title 18 of the United States Code.

(h) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which defendants have been committed for such purposes pursuant to section 4208 (b) of title 18 of the United States Code. (i) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which juvenile delinquents have been committed pursuant to section 5034 of title 18 of the United States Code.

(j) Observation, conduct of studies, and preparation of reports in cases in which youth offenders have been committed by the courts for such purposes pursuant to section 5010(e) of title 18 of the United States Code.

[Order No. 271-62, 27 F.R. 5170, June 1, 1962, as amended by Order No. 291-62, 27 F.R. 12618, Dec. 20, 1962]

[blocks in formation]

The Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the commitment, control, or treatment of persons (including insane prisoners and juvenile delinquents) charged with or convicted of offenses against the United States, including the taking of final action in the following-described matters:

(a) Requesting the detail of Public Health Service officers for the purpose of furnishing services to Federal penal and correctional institutions (18 U.S.C. 4005).

(b) Consideration, determination, adjustment, and payment of claims in accordance with section 1 of the act of June 10, 1949, 63 Stat. 167 (31 U.S.C. 238).

(c) Designating places of confinement where the sentences of prisoners (including persons committed to the National Training School for Boys) shall be served, and ordering transfers from one institution to another whether maintained by the Federal Government or otherwise (18 U.S.C. 4082).

(d) Designation of agents for the transportation of prisoners (18 U.S.C.

4008).

(e) Accepting gifts or bequests of money for credit to the “Commissary Funds, Federal Prisons" (31 U.S.C. 725s-4).

(f) Prescribing regulations for the use of surplus funds in “Commissary Funds, Federal Prisons" to provide advances not in excess of $150 to prisoners at the time of their release (18 U.S.C. 4284).

(g) Allowance, forfeiture, and restoration of all good time (18 U.S.C. 4161, 4162. 4165, and 4166).

(h) Release of prisoners held solely for nonpayment of fine (18 U.S.C. 3569). (i) Furnishing transportation, clothing, and payments to released prisoners (18 U.S.C. 4281).

(j) Removal of insane prisoners to suitable institutions and retransfer to penal or correctional institutions upon recovery (18 U.S.C. 4241, 4242).

(k) Granting permits to States or public agencies for rights of way upon lands administered by the Director in accordance with the provisions of sections 931c and 961 of title 43 of the United States Code.

(1) Designating, in his discretion, the Director of the Alcoholic Rehabilitation Clinic, as the representative of the Attorney General to carry out the purpose of the act of August 4, 1947, 615 Stat. 744, with respect to persons committed for diagnosis, classification, and treatment (D.C. Code 24-506(b)).

§ 0.97

Redelegation of authority.

The Director of the Bureau of Prisons is authorized to redelegate to any of his subordinates any of the authority, functions, or duties vested in him by this subpart Q. Existing redelegations by the Director of the Bureau of Prisons shall continue in force and effect until modified or revoked.

§ 0.98 Functions of Commissioner of Federal Prison Industries.

The Director of the Bureau of Prisons is authorized as ex officio Commissioner of Federal Prison Industries and in accordance with the policy fixed by its Board of Directors to:

(a) Exercise jurisdiction over all industrial enterprises in all Federal penal and correctional institutions.

(b) Sponsor vocational training programs in Federal penal and correctional institutions.

§ 0.99 Compensation to Federal prison

ers.

The Board of Directors of Federal Prison Industries, or such officer of the corporation as the Board may designate, may exercise the authority vested in the Attorney General by section 4126 of title 18 of the United States Code, as amended, to prescribe rules and regulations governing the payment of compensation to inmates of Federal penal and correctional institutions employed in any industry, or performing outstanding services in institutional operations, and to inmates or their dependents for injuries suffered in any industry or in any work activity in connection with the maintenance of operation of the institution where confined.

Subpart R-Immigration and

Naturalization Service

§ 0.105 General functions.

Subject to the general supervision and direction of the Attorney General, the Commissioner of Immigration and Naturalization shall:

(a) Subject to the limitations contained in section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) and the provisions for review by the Board of Immigration Appeals, administer and enforce the Immigration and Nationality Act and all other laws relating to immigration (including, but not limited to, admission, exclusion, and deportation), naturalization, and nationality. Nothing in this paragraph shall be construed to authorize the Commissioner of Immigration and Naturalization to supervise the litigation of, or to approve the filing of records on review, appeals, or petitions for writs of certiorari or to intervene or have independent representation in cases under the immigration and nationality laws except as provided in paragraph (e) of this section.

(b) For the purposes of paragraph (a) of this section, and as limited therein, exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by the laws mentioned in that paragraph, including the authority to issue regulations.

(c) Investigate alleged violations of the immigration and nationality laws, and make recommendations for prosecutions when deemed advisable.

(d) Patrol the borders of the United States to prevent the entry of aliens into the United States in violation of law.

(e) Supervise naturalization work in the specific courts designated by section 310 of the Immigration and Nationality Act (8 U.S.C. 1421) to have jurisdiction in such matters, including the requiring of accountings from the clerks of such courts for naturalization fees collected, investigation through field officers of the qualifications of citizenship applicants, and representation of the Government at all court hearings.

(f) Cooperate with the public schools in providing citizenship textbooks and other services for the preparation of candidates for naturalization.

(g) Register and fingerprint aliens in the United States, as required by section 262 of the Immigration and Nationality Act (8 U.S.C. 1304).

(h) Prepare reports on private bills pertaining to immigration matters.

(i) Designate within the Immigration and Naturalization Service a certifying officer, and an alternate, to certify copies of documents issued by the Commissioner, or his designee, which are required to be filed with the Office of the Federal Register.

(j) Direct officers and employees of the Immigration and Naturalization Service, assigned to accompany commercial aircraft, to perform the functions of a United States deputy marshal as a peace officer, in particular those set forth in 28 U.S.C. 549 and 18 U.S.C. 3053, (1) while abroad any aircraft to which they have been assigned, or (2) while within the general vicinity of such aircraft so long as it is within the jurisdiction of the United States. Such functions shall be in addition to those vested in such officers and employees pursuant to law.

§ 0.106 Certificates for expenses of unforeseen emergencies.

The Commissioner of Immigration and and Naturalization is authorized to exercise the power and authority vested in the Attorney General by section 6 of the act of July 28, 1950, 64 Stat. 380 (5 U.S.C.

« AnteriorContinuar »