The Code of Federal Regulations of the United States of America

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 or mandatory-release violators, and 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.

(e) Except as otherwise provided in this chapter, receive submittals and requests relative to the functions of his organizational unit.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 310-64, 29 F.R. 1645, Feb. 1, 1964; Order No. 381-67, 32 F.R. 9663, July 4, 1967]

§ 0.130a

Certificates concerning applicants for admission to practice before the United States Court of Appeals for the District of Columbia Circuit.

The head of each office, division, bureau or board within the department is, with respect to legal officers and lawyers under his jurisdiction, designated to issue the certificates described in the last sentence of Rule 7(b) of the General Rules of the United States Court of Appeals for the District of Columbia Circuit.

The amendment made by this order shall be deemed to be a restatement of authority heretofore informally conferred upon the head of each office, division, bureau, and board and any certificate heretofore issued on the basis thereof is hereby ratified.

[Order No. 329-65, 30 F.R. 485, Jan. 14, 1965]

§ 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 have authority to postaudit 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, the Immigration and Naturalization Service, and the Bureau of Narcotics and Dangerous Drugs.

[Order No. 397-68, 33 F.R. 9817, July 9, 1968]

§ 0.137 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, Immigration and Naturalization Service, and Bureau of Narcotics and Dangerous Drugs. 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 the Bureau of Prisons, Federal Prison Industries, the Immigration and Naturalization Service, and the Bureau of Narcotics and Dangerous Drugs, respectively, in Classification Act grades GS-1 through GS-13 and in wage board positions. 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.

[Order No. 397-68, 33 F.R. 9817, July 9, 1968] § 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, 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 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, 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.

[Order No. 397-68, 33 F.R. 9817, July 9, 1968] § 0.140

Authority relating to advertisements, and purchase of certain supplies and services.

(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.

[Order No. 271–62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 397-68, 33 F.R. 9817, July 9, 1968]

Dangerous Drugs are, as to their respective jurisdictions, authorized to audit vouchers and to maintain general ledger accounts with respect to appropriations allotted to them.

[Order No. 397–68, 33 F.R. 9817, July 9, 1968] § 0.142 Per diem and travel allowances.

(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, 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; Order No. 397-68, 33 F.R. 9817, July 9, 1968]

§ 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, the Director of the Bureau of Narcotics and Dangerous Drugs, 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 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.

[Order No. 397-68, 33 F.R. 9817, July 9, 1968] § 0.144 Determination of basic work week.

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, 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 authority vested in the Attorney General by section 6101(b) of Title 5, United States Code, to determine that the organizational unit concerned would be seriously handicapped in carrying out its functions or that costs would be substantially increased except upon modification of the basic work week, and whenever such determination is made to fix the basic work week of officers and employees of the unit concerned. [Order No. 397-68, 33 F.R. 9817, July 9, 1968] § 0.145 Overtime pay.

additional compensation in lieu of overtime of not less than 10 percent nor more than 25 percent pursuant to section 5545(c) (2) of Title 5, United States Code, as amended by section 217 of the Postal Revenue and Federal Salary Act of 1967) for such positions as may be designated by them.

[Order No. 397–68, 33 F.R. 9818, July 9, 1968] § 0.146 Seals.

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 Chairman of the Board of Parole, and the Director of the Bureau of Narcotics and Dangerous Drugs shall each have custody of the seal pertaining to his respective jurisdiction and he, or such person or persons as he may designate, may execute under seal any certification required to authenticate any books, records, papers, or other documents as true copies of official records of their respective jurisdictions. The Assistant Attorney General for Administration shall have custody of the seal of the Department of Justice, and he, or such person or persons as he may designate, may execute under seal any certification required to authenticate any books, records, papers, or other documents as true copies of official records of the Department of Justice.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968] § 0.147

Certification of obligations.

The following-designated officials are authorized to make the certifications required by section 1311(c) of the Supplemental Appropriation Act, 1955 (68 Stat. 831; 31 U.S.C. 200(c)); for the Federal Bureau of Investigation, the Assistant Director, Administrative Division; for the Bureau of Prisons, the Deputy Assistant Director, Administrative Services; for Federal Prison Industries, the Secretary; for the Immigration and Naturalization Service, the Assistant Commissioner, Administrative Division; for the Bureau of Narcotics and Dangerous Drugs, the Assistant Director for Administration; and for all other organizational units of the Department (including U.S. Attorneys and Marshals), the Assistant Attorney General for Administration.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968]

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