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of the authority, functions, or duties tions 9310 and 961 of title 43 of the conferred or imposed upon the Attorney
United States Code. General by any law relating to the com- (1) Designating, in his discretion, the mitment, control, or treatment of per- Director of the Alcoholic Rehabilitation sons (including insane prisoners and Clinic, as the representative of the Atjuvenile delinquents) charged with or torney General to carry out the purpose convicted of offenses against the United of the act of August 4, 1947, 615 Stat. 744, States, including the taking of final ac- with respect to persons committed for tion in the following-described matters: diagnosis, classification, and treatment
(a) Requesting the detail of Public (D.C. Code 24-506(b)). Health Service officers for the purpose (m) Contracting with appropriate of furnishing services to Federal penal public or private agencies or with perand correctional institutions (18 U.S.C. sons for supervisory aftercare of certain 4005).
conditionally released offenders (18 (b) Consideration, determination, ad- U.S.C. 4255). justment, and payment of claims in ac
[Order No. 271-62, 27 F.R. 5162, June 1, 1962, cordance with section 1 of the act of
as amended by Order No. 355-66, 31 F.R. 5071, June 10, 1949, 63 Stat. 167 (31 U.S.C.
Mar. 29, 1966; Order No. 400–68, 33 F.R. 11117, 238).
Aug. 6, 1968) (c) Designating places of confinement
$ 0.97 Redelegation of authority. where the sentences of prisoners (includ- The Director of the Bureau of Prisons ing persons committed to the National is authorized to redelegate to any of his Training School for Boys) shall be subordinates any of the authority, funcserved, and ordering transfers from one tions, or duties vested in him by this institution to another whether main- subpart Q. Existing redelegations by the tained by the Federal Government or Director of the Bureau of Prisons shall otherwise (18 U.S.C. 4082).
continue in force and effect until modi(C-1) Extending the limits of the place fied or revoked. of confinement of prisoners for the purposes specified, and within the limits
$ 0.98 Functions of Commissioner of established, by section 4082 of Title 18 of
Federal Prison Industries. the United States Code, and otherwise The Director of the Bureau of Prisons performing the functions of the Attorney is authorized as ex officio Commissioner General under that section.
of Federal Prison Industries and in ac(d) Designation of agents for the cordance with the policy fixed by its transportation of prisoners (18 U.S.C. Board of Directors to: 4008).
(a) Exercise jurisdiction over all in(e) Accepting gifts or bequests of dustrial enterprises in all Federal penal money for credit to the “Commissary and correctional institutions. Funds, Federal Prisons" (31 U.S.C. (b) Sponsor vocational training pro7255–4).
grams in Federal penal and correctional (f) Prescribing regulations for the use institutions. of surplus funds in “Commissary Funds,
$ 0.99 Compensation to Federal prisonFederal Prisons” to provide advances not in excess of $150 to prisoners at the time of their release (18 U.S.C. 4284).
The Board of Directors of Federal (g) Allowance, forfeiture, and resto
Prison Industries, or such officer of the ration of all good time (18 U.S.C. 4161, corporation as the Board may designate, 4162, 4165, and 4166).
may exercise the authority vested in the (h) Release of prisoners held solely Attorney General by section 4126 of title for nonpayment of fine (18 U.S.C. 3569).
18 of the United States Code, as amend(i) Furnishing transportation, cloth
ed, to prescribe rules and regulations ing, and payments to released prisoners
governing the payment of compensation (18 U.S.C. 4281).
to inmates of Federal penal and correc(j) Removal of insane prisoners to
tional institutions employed in any insuitable institutions and retransfer to dustry, or performing outstanding serypenal or correctional institutions upon
ices in institutional operations, and to recovery (18 U.S.C. 4241, 4242).
inmates or their dependents for injuries (k) Granting permits to States or
suffered in any industry or in any work public agencies for rights of way upon activity in connection with the maintelands administered by the Director in nance of operation of the institution accordance with the provisions of sec- where confined.
Appendix to Subpart Q CONFINEMENT OF PERSONS IN DISTRICT OF
COLUMBIA CORRECTIONAL INSTITUTIONS
By virtue of the authority vested in me by the Act of September 1, 1916, 39 Stat. 711 (D.C. Code section 24–402), by section 11 of the Act of July 15, 1932, as added by the Act of June 6, 1940, 54 Stat. 244 (D.C. Code section 24-425), and by the Act of September 10, 1965, P.L. 89-176 (18 U.S.C. section 4082), the Board of Commissioners of the District of Columbia or their authorized representatives are hereby authorized to transfer such prisoners as may be in their custody and supervision, by virtue of having been placed in a correctional institution of the District of Columbia by the Attorney General, from such institution to any available, suitable, or appropriate institution or facility (including a residential community treatment center) within the District of Columbia, and the Board of Commissioners of the District of Columbia or their authorized representatives are further authorized to extend the limits of the place of confinement of such prisoners for the purposes specified, and within the limits established, by the Act of September 10, 1965, P.L. 89–176 (18 U.S.C. section 4082). [Order No. 352-66, 31 F.R. 704, Jan. 19, 1966]
tion 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.
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 Cermissioner 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 representa
$ 0.106 Certificates for expenses of un
foreseen 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. 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 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.
$ 0.109 Implementation of the Treaty
of Friendship and General Relations
Between the United States and Spain. The Commissioner of Immigration and Naturalization and immigration officers (as defined in 8 CFR 103.1(i)) are hereby designated as “competent national authorities” on the part of the United States within the meaning of Article XXIV of the Treaty of Friendship and General Relations Between the United States and Spain (33 Stat. 2105, 2117), and shall fulfill the obligations assumed by the United States pursuant to that Article in the manner and form prescribed. (E.O. 11267; 3 CFR, 1966 Comp.) [Order No. 354-66, 31 F.R. 3286, Mar. 2, 1966)
$ 0.110 Implementation of the Conven
Nationality Act (8 U.S.C. 1155) and from tion Between the United States and
decisions revoking the approval of such Greece.
petitions in accordance with section 206
of that act (8 U.S.C. 1156). The Commissioner of Immigration and Naturalization and immigration regional commissioners or district direc
(e) Appeals from determinations of officers (as defined in 8 CFR 103.1(i))
tors relating to the bond, conditional are hereby designated as “local au
parole, or detention of an alien under thorities” and “competent officers” on
section 242 of the Immigration and Nathe part of the United States within the
tionality Act (8 U.S.C. 1252). meaning of Article XIII of the Con
(f) Cases inyolving the decisions revention Between the United States and
ferred to in paragraphs (a) through (d) Greece (33 Stat. 2122, 2131), and shall
of this section which may be certified to fulfill the obligations assumed by the
the Board by the Commissioner, AssistUnited States pursuant to that Article in
ant Commissioner, Examinations Divithe manner and form prescribed.
sion, or regional commissioners, or which (E.O. 11300, 31 F.R. 11009, 3 CFR, 1966 Supp.) the Board may require to be certified [Order No. 367-66, 31 F.R. 11720, Sept. 7,
to it. 1966]
(g) Cases in which the Board has ren
dered a decision which are reopened or Subpart 5—Board of Immigration
reconsidered in accordance with 8 CFR
3.2. Appeals $ 0.115 General functions.
$ 0.116 Decisions subject to review by Subject to the general supervision and
Attorney General. direction of the Attorney General, the
The Board shall refer to the Attorney Board of Immigration Appeals shall re
General for review of its decision all view and determine:
cases which: (a) Appeals from decisions of special
(a) The Attorney General directs the inquiry officers in exclusion and deporta
Board to refer to him. tion cases.
(b) The Chairman or a majority of (b) Appeals from decisions of district
the Board believes should be referred directors on applications for the advance
to the Attorney General for review. exercise of the discretionary authority
(c) The Commissioner or the Assistcontained in section 212(c) of the Im
ant Commissioner, Examinations Divimigration and Nationality Act (8 U.S.C.
sion, requests be referred to the Attorney 1182(c)) and from decisions of district
General for review. directors, or the Assistant Commissioner, Examinations Division, on applications for the advance exercise of the discre
§ 0.117 Finality of decision. tionary authority contained in section 212(d) (3) of that act (8 U.S.C. 1182
Except in those cases referred to the (d) (3)).
Attorney General in accordance with
$ 0.116, the decision of the Board shall (c) Appeals from decisions of district
be final. The Board may, however, redirectors involving administrative fines and penalties,
turn a case to the Immigration and including mitigation
Naturalization Service for such further thereof.
action as may be appropriate therein, (d) Appeals from decisions of district
without entering a final decision on its directors on petitions filed in accordance
merits. with section 205 of the Immigration and
$ 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.
(g) The authority to determine, in accordance with the provisions of section 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, whether the services of certain persons in any capacity referred to in clause (1) or clause (2) of that section would be contrary to the purposes of that act (sec. 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 536).
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.
(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 and regulations for the supervision, discharge from supervision, or recommitment of paroled prisoners (18 U.S.C. 4208(d)).
$ 0.126 Delegations.
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 Co 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.
(c) Report within 60 days to the committing court the findings as to individuals committed for observation and study.
(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