The Code of Federal Regulations of the United States of America

341d), to make certificates with respect to expenses of unforeseen emergencies of a confidential character: Provided, That each such certificate made by the Commissioner of Immigration and Naturalization shall be approved by the Attorney General. § 0.107

Representation on committee for visit-exchange.

The Commissioner of Immigration and Naturalization shall be a member of the committee which represents the Department of Justice in the development and implementation of plans for exchanging visits between the Iron Curtain countries and the United States and shall have authority to designate an alternate to serve on such committee.

§ 0.108 Redelegation of authority.

The authority conferred by $ 0.105 upon the Commissioner of Immigration and Naturalization may be redelegated by him, to such extent as he may deem desirable, to any officer or employee of the Immigration and Naturalization Service as he may designate. Existing redelegations by the Commissioner shall continue in force and effect until modified or revoked.

Subject to the general supervision and direction of the Attorney General, the Board of Immigration Appeals shall review and determine:

(a) Appeals from decisions of special inquiry officers in exclusion and deportation cases.

(b) Appeals from decisions of district directors on applications for the advance exercise of the discretionary authority contained in section 212 (c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) and from decisions of district directors, or the Assistant Commissioner, Examinations Division, on applications for the advance exercise of the discretionary authority contained in section 212(d) (3) of that act (8 U.S.C. 1182 (d) (3)).

(c) Appeals from decisions of district directors involving administrative fines and penalties, including mitigation thereof.

(d) Appeals from decisions of district directors on petitions filed in accordance with section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) and from decisions revoking the approval of such petitions in accordance with section 206 of that act (8 U.S.C. 1156).

(e) Appeals from determinations of regional commissioners or district directors relating to the bond, conditional parole, or detention of an alien under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).

(f) Cases involving the decisions referred to in paragraphs (a) through (d) of this section which may be certified to the Board by the Commissioner, Assistant Commissioner, Examinations Division, or regional commissioners, or which the Board may require to be certified to it.

(g) Cases in which the Board has rendered a decision which are reopened or reconsidered in accordance with 8 CFR

3.2.

§ 0.116 Decisions subject to review by Attorney General.

The Board shall refer to the Attorney General for review of its decision all cases which:

(a) The Attorney General directs the Board to refer to him.

(b) The Chairman or a majority of the Board believes should be referred to the Attorney General for review.

(c) The Commissioner or the Assistant Commissioner, Examinations Division, requests be referred to the Attorney General for review.

§ 0.117 Finality of decision.

Except in those cases referred to the Attorney General in accordance with § 0.116, the decision of the Board shall be final. The Board may, however, return a case to the Immigration and Naturalization Service for such further action as may be appropriate therein, without entering a final decision on its merits.

§ 0.118 Delegation of authority.

Subject to any specific limitation prescribed by regulation, in considering and determining cases before it, the Board shall exercise such discretion and authority conferred upon the Attorney General by law as is appropriate and necessary for the disposition of the case, except that the Board shall have no authority to consider or determine the manner in which, at whose expense, or to which country, an alien shall be deported.

Subpart T-The Board of Parole

CROSS REFERENCE: For regulations pertaining to the Board of Parole, see Parts 2 and 4 of this Chapter.

§ 0.125 General functions.

Subject to the general supervision and direction of the Attorney General as to policy and programming, the Board of Parole shall have:

(a) Sole authority to grant, modify, or revoke paroles of all United States prisoners (18 U.S.C. 4203, 4207).

(b) Responsibility for the supervision, through Federal probation officers, of Federal parolees and Federal mandatory releasees upon the expiration of their sentences with allowances for statutory good time, and for prescribing and modifying the terms and conditions governing the prisoner during parole or mandatory release.

(d) Sole authority to re-parole or rerelease on mandatory release (18 U.S.C. 4207, 4164).

(e) Sole authority to determine the date the prisoner shall become eligible for parole in any case in which the committing court specifies that such eligibility date shall be that determined by the Board of Parole (18 U.S.C. 4208(a)).

(f) Sole authority to promulgate rules and regulations for the supervision, discharge from supervision, or recommitment of paroled prisoners (18 U.S.C. 4208(d)).

The Board of Parole is authorized to exercise:

(a) The authority vested in the Attorney General by section 3569 of title 18 of the United States Code to make a finding that a parolee is unable to pay a fine in whole or in part and to direct release of such parolee based on such finding.

(b) The authority vested in the Attorney General by section 3655 of title 18 of the United States Code to request probation officers to perform such duties with respect to persons on parole as the Board of Parole deems necessary for maintaining proper supervision of such persons.

§ 0.127

Youth Correction Division. The Youth Correction Division of the Board of Parole shall:

(a) Consult with, and make recommendations to the Director of the Bureau of Prisons as to general treatment and correctional policies for committed youth offenders.

(b) Make recommendations to the Director of the Bureau of Prisons as to individuals committed under the Federal Youth Corrections Act.

(d) Prescribe the terms and conditions governing those under supervision.

(e) Have authority to order parole for youth offenders committed under the

Federal Youth Corrections Act, as well as juvenile offenders sentenced by the Juvenile Court of the District of Columbia who are committed to the National Training School for Boys, and juvenile delinquents sentenced under the Federal Juvenile Delinquency Act; to direct Federal probation officers to submit reports as to parole supervision of committed youth offenders; to limit and define the powers and duties of voluntary supervisory agents and sponsors; to issue warrants for the retaking of parole and mandatory-release violators, order the return to custody for further treatment of committed youth offenders; to revoke parole or mandatory release; to re-parole or re-release under supervision; and to discharge committed youth offenders unconditionally at its discretion after one year of parole supervision.

Subpart U-Additional Assignments

of Functions and Designation of Officials to Perform the Duties of Certain Offices in Case of Vacancy, or Absence Therein or in Case of Inability or Disqualification to Act

§ 0.130

Functions common to heads of organizational units.

Subject to the general supervision and direction of the Attorney General, the head of each office, division, bureau, and board within the Department shall:

(a) Direct and supervise the personnel, administration, and operation of the office, division, bureau, or board of which he is in charge.

(b) Under regulations prescribed by the Attorney General with the approval of the Director of the Bureau of the Budget, have authority to reallot funds allotted by the Administrative Assistant Attorney General and to redelegate to persons within his organizational unit authority and responsibility for the reallotment of such funds and control of obligations and expenditures within reallotments.

(d) Perform such special assignments as may from time to time be made to him by the Attorney General.

[Order No. 271–62, 27 F.R. 5172, June 1, 1962, as amended by Order No. 310-64, 29 F.R. 1645, Feb. 1, 1964]

§ 0.131 Designation of Acting United States Attorneys.

Each United States Attorney is authorized to designate any Assistant United States Attorney in his office to perform the functions and duties of the United States Attorney during his absence from office, and to sign all necessary documents and papers as Acting United States Attorney while performing such functions and duties.

§ 0.132 Designating officials to perform the functions and duties of certain offices in case of vacancy therein.

(a) In case of vacancy in the Office of the Attorney General, the Deputy Attorney General shall, pursuant to section 1 of Reorganization Plan No. 4 of 1953, perform the functions and duties of and act as Attorney General; and in case of vacancy in both the Office of Attorney General and the Office of the Deputy Attorney General, the Solicitor General shall perform the functions and duties of and act as Attorney General.

(b) In case of vacancy in the Office of the Deputy Attorney General or the Office of the Solicitor General, the first assistant (or his equivalent) in the respective office, or in his absence, the second assistant (or his equivalent), shall perform the functions and duties of and act as the Deputy Attorney General or the Solicitor General.

(c) In case of vacancy in the office of an Assistant Attorney General in charge of an office or division in the Department of Justice, the first assistant (or his equivalent), or in his absence, the second assistant (or his equivalent), shall perform the functions and duties of and act as Assistant Attorney General in charge of such office or division.

The head of each office, division, bureau, and board within the Department is authorized, in case of absence from his office or in case of his inability or disqualification to act, to designate his First Assistant to act in his stead. In unusual circumstances, or in the absence of his First Assistant, or in case there is no office of First Assistant, a person other than the First Assistant may be so designated.

[Order No. 310-64, 29 F.R. 1644, Feb. 1, 1964]

Subpart V—Authorizations With Respect to Personnel and Certain Administrative Matters

§ 0.135 Deputy Attorney General.

The Deputy Attorney General is authorized to exercise the power and authority vested in the Attorney General by law to take final action in matters pertaining to the employment, separation, and general administration of attorneys in the Department of Justice and to review any personnel action taken by any officer of the Department of Justice; and to appoint Assistant United States Attorneys and other attorneys to assist United States Attorneys when the public interest so requires, and to fix their salaries.

[Order No. 271-62, 27 F.R. 5172, June 1, 1962, as amended by Order No. 275-62, 27 F.R. 6735, July 17, 1962]

$ 0.136

Assistant Attorney General for Administration.

Except for the authority conferred in §§ 0.137 and 0.138, the Assistant Attorney General for Administration is authorized to exercise the power and authority vested in the Attorney General by law to take final action on matters pertaining to the employment, separation, and general administration of personnel, except attorneys, in the Department of Justice in Classification Act grades GS-1 through GS-14, and in wage board positions, and to classify positions in the Department under the Classification Act and wage board systems regardless of grade. He shall also authority to post-audit and correct any personnel actions throughout the Department, and to inspect at any time any personnel operations of the Federal Bureau of Investigation,, the Bureau of Prisons, the Federal Prison Industries, and the Immigration and Naturalization Service.

§ 0.137

have

Federal Bureau of Investigation. Except as to persons in the positions of Associate Director, Assistant to the Director, and Assistant Director of the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation is authorized to exercise the power and authority vested in the Attorney General by law to take final action in matters pertaining to the employment, direction, and general administration

(including appointment, assignment, training, promotion, demotion, compensation, leave, classification, and separation) of personnel, including personnel in wage board positions, in the Federal Bureau of Investigation. All personnel actions taken by the Director of the Federal Bureau of Investigation under this subsection shall be subject to post-audit and correction by the Assistant Attorney General for Administration and to review by the Deputy Attorney General. § 0.138 Bureau of Prisons, Federal Prison Industries, and Immigration and Naturalization Service.

The Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, and the Commissioner of Immigration and Naturalization are, as to their respective jurisdictions, authorized to exercise the power and authority vested in the Attorney General by law to take final action in matters pertaining to the employment, direction, and general administration (including appointment, assignment, training, promotion, demotion, compensation, leave, classification, and separation) of personnel, except attorneys, in the Bureau of Prisons, Federal Prison Industries, and the Immigration and Naturalization Service, respectively, in Classification Act grades GS-1 through GS-13 and in wage board positions. All personne) actions taken under this section shall be subject to post-audit and correction by the Assistant Attorney General for Administration and to review by the Deputy Attorney General.

§ 0.139 Procurement matters.

The following shall control as to procurement matters:

(a) Except as to those matters designated by the Assistant Attorney General for Administration, to whom the responsibility for control of expenditures is assigned by $ 0.75, the Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, and the Commissioner of Immigration and Naturalization are, as to their respective jurisdiction, authorized to exercise the authority vested in the Attorney General by law with respect to procurement matters.

(b) The Assistant Attorney General for Administration is authorized to

post-audit and correct any procurement transactions throughout the Department, and to inspect at any time the procurement operations of the Federal Bureau of Investigation, the Bureau of Prisons, the Federal Prison Industries, and the Immigration and Naturalization Service. § 0.140 Authority relating to advertisements, and purchase of certain supplies and services.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the power and authority vested in the Attorney General by law to take final action in the following-described matters:

(a) Authorizing the publication of advertisements, notices, or proposals under section 3828 of the Revised Statutes of the United States (44 U.S.C. 324).

(b) Making determinations as to the acquisition of articles, materials, or supplies in accordance with sections 2 and 3 of the Buy American Act (47 Stat. 1520; 41 U.S.C. 10a, 10b).

(c) Placing orders with other agencies of the Government for materials or services, and accepting orders therefor, in accordance with section 686 of title 31 of the United States Code.

§ 0.141 Audit and ledger accounts.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, and the Commissioner of Immigration and Naturalization, are, as to their respective jurisdictions, authorized to audit vouchers and to maintain general ledger accounts with respect to appropriations allotted to them.

§ 0.142 Per diem and travel allowances. The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for

Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the power and authority vested in the Attorney General by law to take final action in the following-described matters:

(a) Authorizing travel, subsistence, and mileage allowances under sections 836 and 837 of title 5 of the United States Code in accordance with regulations prescribed by the Bureau of the Budget or the Assistant Attorney General for Administration.

(b) Fixing rates in accordance with sections 3 and 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 836 and 837).

(d) Authorizing travel at Government expense upon change of headquarters, including travel of the officer or employee transferred and transportation of his immediate family, household goods, and personal effects, under section 1 of the act of August 2, 1946, 60 Stat. 806 and section 7 of the act of August 2, 1946, as amended (5 U.S.C. 73-b-3).

(e) Authorizing or approving, for purposes of security, the use of compartments or other transportation accommodations superior to lowest first-class accommodations under applicable travel regulations subject to section 6 of the act of August 2, 1946, 60 Stat. 808. [Order No. 271-62, 27 F.R. 5173, June 1, 1962, as amended by Order No. 274-62, 27 F.R. 5796, June 20, 1962]

§ 0.143

Incentive Awards Plan.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the power and authority vested in the Attorney General by law with respect to the administration of the Incentive Awards Plan and to approve honorary awards and cash awards under such plan not in excess of $500.

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