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(c) Investigate alleged violations of ization shall be approved by the Attorney the immigration and nationality laws, General. and make recommendations for prosecu
$ 0.107 Representation on committee for tions when deemed advisable. (d) Patrol the borders of the United
visit-exchange. States to prevent the entry of aliens into The Commissioner of Immigration and the United States in violation of law.
Naturalization shall be a member of the (e) Supervise naturalization work in
committee which represents the Departthe specific courts designated by section
ment of Justice in the development and 310 of the Immigration and Nationality
implementation of plans for exchanging Act (8 U.S.C. 1421) to have jurisdiction
visits between the Iron Curtain counin such matters, including the requiring
tries and the United States and shall of accountings from the clerks of such
have authority to designate an alternate courts for naturalization fees collected,
to serve on such committee. investigation through field officers of the qualifications of citizenship applicants, $ 0.108 Redelegation of authority. and representation of the Government at
The authority conferred by $ 0.105 all court hearings.
upon the Commissioner of Immigration (f) Cooperate with the public schools
and Naturalization may be redelegated in providing citizenship textbooks and
by him, to such extent as he may deem other services for the preparation of
desirable, to any officer or employee of candidates for naturalization.
the Immigration and Naturalization (g) Register and fingerprint aliens in
Service as he may designate. Existing the United States, as required by section 262 of the Immigration and Nationality
redelegations by the Commissioner shall
continue in force and effect until modiAct (8 U.S.C. 1304). (h) Prepare reports on private bills
fied or revoked. pertaining to immigration matters. $ 0.109 Implementation of the Treaty (i) Designate within the Immigration
of Friendship and General Relations and Naturalization Service a certifying Between the United States and Spain. officer, and an alternate, to certify copies of documents issued by the Commis
The Commissioner of Immigration sioner, or his designee, which are re
and Naturalization and immigration ofquired to be filed with the Office of the
ficers (as defined in 8 CFR 103.1(i)) are Federal Register.
hereby designated as “competent na(j) Direct officers and employees of
tional authorities” on the part of the the Immigration and Naturalization
United States within the meaning of Service, assigned to accompany commer
Article XXIV of the Treaty of Friendcial aircraft, to perform the functions of
ship and General Relations Between the a U.S. deputy marshal as a peace officer,
United States and Spain (33 Stat. 2105, in particular those set forth in 28 U.S.C.
2117), and shall fulfill the obligations 570 and 18 U.S.C. 3053, (1) while aboard
assumed by the United States pursuant any aircraft to which they have been as
to that Article in the manner and form signed, or (2) while within the general
prescribed. vicinity of such aircraft so long as it is
(E.O. 11267; 3 CFR, 1966 Comp.) within the jurisdiction of the United
8 0.110 Implementation of the ConvenStates. Such functions shall be in addi
tion Between the United States and tion to those vested in such officers and
Greece. employees pursuant to law.
The Commissioner of Immigration $ 0.106 Certificates for expenses of un
and Naturalization and immigration foreseen emergencies.
officers (as defined in 8 CFR 103.1(i)) The Commissioner of Immigration and are hereby designated as “local auand Naturalization is authorized to exer thorities” and “competent officers" on cise the power and authority vested in the part of the United States within the the Attorney General by section 6 of the meaning of Article XIII of the Conact of July 28, 1950, 64 Stat. 380 (8 U.S.C. vention Between the United States and 1555), to make certificates with respect Greece (33 Stat. 2122, 2131), and shall to expenses of unforeseen emergencies of fulfill the obligations assumed by the a confidential character: Provided, That United States pursuant to that Article in each such certificate made by the Com- the manner and form prescribed. missioner of Immigration and Natural- (E.O. 11300, 3 CFR, 1966 Supp.)
Subpart T-law Enforcement Assist
ance Administration [Reserved] Subpart U—Board of Immigration
Appeals $ 0.115 General functions.
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 and special inquiry officers 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 and officers in charge 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 204 of the Immigration and Nationality Act (8 U.S.C. 1154) and from decisions revoking the approval of such petitions in accordance with section 205 of that act (8 U.S.C. 1155).
(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 or any duly authorized officer of the Service, 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 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.
Subpart V—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 programing, the Board of Parole shall have:
(a) Sole authority to grant, modify, or revoke paroles of all U.S. 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.
(c) Sole authority to issue warrants for violation of parole or mandatory release (18 U.S.C. 4205).
(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 mitted youth offenders; to limit and and regulations for the supervision, dis- define the powers and duties of voluncharge from supervision, or recommit tary supervisory agents and sponsors; to ment of paroled prisoners (18 U.S.C. issue warrants for the retaking of parole 4208(d)).
or mandatory-release violators, and (g) The authority to determine, in ac order the return to custody for further cordance with the provisions of section
treatment of committed youth offenders; 504(a) of the Labor-Management Re
to revoke parole or mandatory release; porting and Disclosure Act of 1959,
to re-parole or re-release under superwhether the services of certain persons
vision; and to discharge committed in any capacity referred to in clause (1)
youth offenders unconditionally at its or clause (2) of that section would be
discretion after 1 year of parole supercontrary to the purposes of that act (sec.
vision. 504 (a) of the Labor-Management Reporting and Disclosure Act of 1959, 73 Subpart W—Additional Assignments Stat. 536).
of Functions and Designation of $ 0.126 Delegations.
Officials to Perform the Duties of The Board of Parole is authorized to
Certain Offices in case of Vacancy, exercise:
or Absence Therein or in Case of (a) The authority vested in the At Inability or Disqualification to Act torney General by section 3569 of title
$ 0.130 Functions common to heads of 18 of the United States Code to make &
organizational units. finding that a parolee is unable to pay & fine in whole or in part and to direct
Subject to the general supervision and release of such parolee based on such
direction of the Attorney General, the finding.
head of each organizational unit within (b) The authority vested in the At the Department shall: torney General by section 3655 of title (a) Direct and supervise the person18 of the United States Code to request nel, administration, and operation of the probation officers to perform such duties office, division, bureau, or board of which with respect to persons on parole as the he is in charge. Board of Parole deems necessary for (b) Under regulations prescribed by maintaining proper supervision of such the Attorney General with the approval persons.
of the Director of the Bureau of the $ 0.127 Youth Correction Division.
Budget, have authority to reallot funds
allotted by the Assistant Attorney GenThe Youth Correction Division of the eral for Administration and to redelegate Board of Parole shall:
to persons within his organizational unit (a) Consult with, and make recom authority and responsibility for the remendations to the Director of the Bu- allotment of such funds and control of reau of Prisons as to general treatment obligations and expenditures within and correctional policies for committed reallotments. youth offenders.
(c) Perform such special assigments (b) Make recommendations to the as may from time to time be made to Director of the Bureau of Prisons as to him by the Attorney General. individuals committed under the Federal (d) Except as otherwise provided in Youth Corrections Act.
this chapter, receive submittals and re(c) Report within 60 days to the com- quests relative to the functions of his mitting court the findings as to indi organizational unit. viduals committed for observation and
8 0.131 Designation of Acting United study.
States Attorneys. (d) Prescribe the terms and conditions governing those under supervision.
Each U.S. Attorney is authorized to (e) Have authority to order parole for
designate any Assistant U.S. Attorney in youth offenders committed under the his office to perform the functions and Federal Youth Corrections Act, and
duties of the U.S. Attorney during his juvenile delinquents sentenced under the
absence from office, and to sign all necesFederal Juvenile Delinquency Act; to di- sary documents and papers as Acting rect Federal probation officers to submit U.S. Attorney while performing such reports as to parole supervision of com- functions and duties.
§ 0.132 Designating officials to perform Subpart X-Authorizations With Rethe functions and duties of certain
spect to Personnel and Certain Adoffices in case of vacancy therein.
ministrative Matters (a) In case of vacancy in the office of Attorney General, the Deputy At
80.134 Applicability to Law Enforcetorney General shall, pursuant to 28
ment Assistance Administration. U.S.C. 508, perform the functions and Insofar as provisions of this subpart, duties of and act as Attorney General; or other provisions of this part, authorize and in case of vacancy in both the office the exercise by other officers of the Deof Attorney General and the office of partment of Justice of functions vested Deputy Attorney General, the Solicitor by law in the Law Enforcement AssistGeneral shall perform the functions and ance Administration, such provisions duties of and act as Attorney General.
have been promulgated with the concur(b) In the event of a vacancy in the
rence of the Administration, and shall be office of Deputy Attorney General, an
deemed to be delegations to such officers Associate Deputy Attorney General des
by the Administration pursuant to secignated by the Attorney General shall
tion 502 of title I of P.L. 90–351, 82 Stat. perform the functions and duties of and
197, 205. act as Deputy Attorney General.
(c) In the event of a vacancy in the $ 0.135 Deputy Attorney General. Office of the Director, Bureau of Nar
The Deputy Attorney General is aucotics and Dangerous Drugs, the powers
thorized to exercise the power and auand functions of the Director may be
thority vested in the Attorney General exercised by the Deputy Director or in and in the Law Enforcement Assistance the absence of the Deputy Director by Administration to take final action in the Assistant Director for Enforcement. matters pertaining to:
(d) In the event of a vacancy in the (a) The employment, separation and office of head of any other organizan general administration of personnel in tional unit, the ranking deputy (or his General Schedule grades GS-16 through equivalent) in such unit who is avail GS-18, or the equivalent, and of attorable shall perform the functions and neys regardless of grade or pay in the duties of and act as such head, unless the Department of Justice; Attorney General shall direct otherwise.
(b) The appointment of Assistant Except as otherwise provided by law, if
U.S. Attorneys and other attorneys to
assist U.S. Attorneys when the public there is no ranking deputy available, the
interest so requires, and fixing their Attorney General shall designate another
salaries; and oficial of the Department to perform
(c) The review of any personnel action the functions and duties of and act as taken by any officer of the Department of such head.
Justice. 8 0.133 Designating officials to perform $ 0.136 Assistant Attorney General for the functions and duties of certain
Administration. offices in case of absence therein or
The Assistant Attorney General for in case of inability or disqualification
Administration is authorized to exercise to act.
the power and authority vested in the The head of each organizational unit Attorney General to take final action on within the Department is authorized, in
those personnel matters described in case of absence from his office or in case
$ 0.76(c) (4), subject to review by the of his inability or disqualification to act,
Deputy Attorney General. to designate his ranking deputy (or his $ 0.137 Federal Bureau of Investigation. equivalent) who is available to act in his Except as to persons in the positions stead. If there is no deputy available, or of Associate Director, Assistant to the in the case of inability or disqualifica- Director, and Assistant Director of the tion of each deputy, or in other unusual Federal Bureau of Investigation, the circumstances, any other official in such Director of the Federal Bureau of Invesunit may be so designated.
tigation is authorized to exercise the
power and authority vested in the At-
Prison Industries, Immigration and
istration. The Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, and the Director of the Bureau of Narcotics and Dangerous Drugs 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 General Schedule grades GS-1 through GS-13 and in wage board positions. Such officials, and the Administrators of the Law Enforcement Assistance Administration, are, as to their respective jurisdictions, authorized to exercise the power and authority vested in the Attorney General by law to employ on a temporary basis experts or consultants or organizations thereof, including stenographic reporting services (5 U.S.C. 3109(b)). All personnel actions taken under this section shall be subject to postaudit and correction by the Assistant Attorney General for Administration and to review by the Deputy Attorney General. 8 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 Subpart o, 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, the Director of the Bureau of Narcotics and Dangerous Drugs and the Administrators of the Law Enforcement Assistance Administration are, as to their respective jurisdictions, 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 postaudit and correct any procurement transactions throughout the Department entered into pursuant to the delegation of authority set forth in subsection (a) of this section, and to inspect at any time the procurement operations of the Federal Bureau of Investigation, the Bureau of Prisons, the Federal Prison Industries, the Immigration and Naturalization Service, and the Bureau of Narcotics and Dangerous Drugs. $ 0.140 Authority relating to advertise
ments, and purchase of certain sup
plies 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, the Director of the Bureau of Narcotics and Dangerous Drugs, and the Administrators of the Law Enforcement Assistance Administration as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including U.S. 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).