Authorizations With Respect to Personnel and Certain

[Title 28 CFR X]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart X - Authorizations With Respect to Personnel and Certain]
[From the U.S. Government Printing Office]

28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseAuthorizations With Respect to Personnel and CertainXSubpart XJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart X--Authorizations With Respect to Personnel and Certain
Administrative Matters

Sec. 0.137 [Reserved]

Sec. 0.138 Federal Bureau of Investigation, Drug Enforcement Administration,

Bureau of Prisons, Federal Prison Industries, Immigration and Naturalization
Service, United States Marshals Service, Office of Justice
Programs, Executive Office for Immigration Review, Executive
Office for United States Attorneys, Executive Office for
United States Trustees.

(a) The Director of the Federal Bureau of Investigation, the
Administrator of the Drug Enforcement Administration, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization Service, the Director
of the United States Marshals Service, the Assistant Attorney General
for the Office of Justice Programs, the Director of the Executive Office
for Immigration Review, the

[[Page 70]]

Director of the Executive Office for United States Attorneys, and the
Director of the Executive Office for United States Trustees 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, awards, classification, and separation)
of personnel in General Schedule grades GS-1 through GS-15 and in wage
board positions, but excluding therefrom all attorney and U.S. Marshal
positions. Such officials 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)).
(b) All personnel actions taken under this section shall be subject
to post-audit and correction by the Assistant Attorney General for
Administration.

[Order No. 2250-99, 64 FR 46846, Aug. 27, 1999]

Sec. 0.139 [Reserved]

Sec. 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, the Administrator of
the Drug Enforcement Administration, the Director of the Office of
Justice Research and Statistics and the Director of the United States
Marshals Service 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), 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 (44 U.S.C. 3702).
(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 U.S. Code.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 960-81, 46 FR 52350, Oct. 27, 1981]

Sec. 0.141 Audit and ledger accounts.

The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Immigration and
Naturalization, the Administrator of the Drug Enforcement
Administration, and the Director of the Office of Justice Assistance,
Research and Statistics 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. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 960-81, 46 FR 52350, Oct.
27, 1981]

Sec. 0.142 Per diem and travel allowances.

The Director of the Federal Bureau of Investigation, Director of the
Bureau of Prisons, Commissioner of Fedeal Prison Industries, Inc.,
Commissioner of Immigration and Naturalization Service, Administrator of
the Drug Enforcement Administration, Director of the United States
Marshals Service, and Assistant Attorney General, Office of Justice
Programs, 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), except as provided in
paragraphs (f) and (g) of this section, are authorized to exercise the
authority of the Attorney General to take final action in the following
matters:
(a) Authorizing travel, subsistence, and mileage allowances under
sections 5702-5707 of title 5 of the U.S. Code in accordance with
regulations prescribed

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by the Administrator of General Services and the Assistant Attorney
General for Administration.
(b) Fixing rates in accordance with sections 5702-5704 and 5707 of
title 5, U.S. Code, and regulations prescribed by the Administrator of
General Services and the Assistant Attorney General for Administration.
(c) Authorizing travel advances pursuant to 5 U.S.C. 5705 in
accordance with the regulations prescribed by the Administrator of
General Services and the Assistant Attorney General for Administration.
(d) Authorizing travel and transportation expenses, and, when
applicable, relocation expenses for transferred employees, new
appointees and student trainees, in accordance with 5 U.S.C. 5721-5733
and regulations prescribed by the Administrator of General Services and
the Assistant Attorney General for Administration.
(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 5 U.S.C. 5731.
(f) The heads of Offices, Boards and Divisions, in addition to the
Bureaus, have the authority to approve the use of cash in excess of $100
in lieu of Government Transportation Requests in emergency
circumstances, in accordance with regulations prescribed by the
Administrator of the General Services Administration.
(g) The Director of the Federal Bureau of Investigation and the
Aministrator of the Drug Enforcement Administration are authorized to
approve travel expenses of newly appointed special agents and the
transportation expenses of their families and household goods and
personal effects from place of residence at time of selection to the
first duty station, in accordance with 28 U.S.C. 530 and regulations
prescribed by the Assistant Attorney General for Administration.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 565-74, 39 FR 15877, May
6, 1974; Order No. 787-78, 43 FR 22969, May 30, 1978; Order No. 800-78,
43 FR 43297, Sept. 25, 1978; Order No. 864-79, 44 FR 69927, Dec. 5,
1979; Order No. 960-81, 46 FR 52350, Oct. 27, 1981; Order No. 1093-85,
50 FR 20908, May 21, 1985]

Sec. 0.143 Incentive Awards Plan.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 772-78, 43 FR 14009, Apr. 4, 1978; Order No. 960-81,
46 FR 52350, Oct. 27, 1981]

Sec. 0.144 Determination of basic workweek.

The Director of the Federal Bureau of Investigation, Director of the
Bureau of Prisons, Commissioner of Federal Prison Industries, Inc.,
Commissioner of the Immigration and Naturalization Service,
Administrator of the Drug Enforcement Administration, Director of the
Office of Justice Assistance, Research and Statistics, Director of the
Executive Office for United

[[Page 72]]

States Attorneys and Director of the United States Marshals Service, as
to their respective jurisdictions, and the Assistant Attorney General
for Administration, as to all other organizational units of the
Department, are authorized to exercise the authority vested in the
Attorney General by 5 U.S.C. 6101(a), 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 workweek, and when such determination is
made to fix the basic workweek of officers and employees of the unit
concerned.

[Order No. 960-81, 46 FR 52350, Oct. 27, 1981]

Sec. 0.145 Overtime pay.

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 Administrator of
the Drug Enforcement Administration, the Director of the Office of
Justice Assistance, Research and Statistics and the Director of the U.S.
Marshals Service 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), may, subject to any
regulations which the Attorney General may prescribe, authorize overtime
pay (including 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, U.S. Code) for such positions as may be designated by them.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 960-81, 46 FR 52350, Oct. 27, 1981]

Sec. 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, the Administrator of the Drug Enforcement
Administration, the Director of the Office of Justice Assistance,
Research and Statistics, and the Director of the U.S. Marshals Service
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. He may also prescribe regulations
governing the use of the seal of the Department and various
organizational units.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 960-81, 46 FR 52350, Oct. 27, 1981]

Sec. 0.147 Certification of obligations.

The following designated officials are authorized to make the
certifications required by 31 U.S.C. 200(c): For the Federal Bureau of
Investigation, the Assistant Director, Administrative Services Division;
for the Bureau of Prisons, the Assistant Director for Planning and
Development; for Federal Prison Industries, Inc., the Secretary; for the
Immigration and Naturalization Service, the Comptroller; for the Drug
Enforcement Administration, the Director of the Office of Administration
and Management; for the Office of Justice Assistance, Research and
Statistics, the Comptroller; and for all other organizational units of
the Department (including U.S. Attorneys and U.S. Marshals), the Deputy
Assistant Attorney General, Office of the Controller, Justice Management
Division.

[Order No. 972-82, 47 FR 9823, Mar. 8, 1982]

Sec. 0.148 Certifying officers.

The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of the Federal Prison
Industries, Inc., the

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Commissioner of the Immigration and Naturalization Service, the
Administrator of the Drug Enforcement Administration, Assistant Attorney
General for the Office of Justice Programs, the Director of the United
States Marshals Service, and the Director of the Executive Office for
United States Attorneys, as to their respective jurisdictions, and the
Assistant Attorney General for Administration, as to all other
organizational units of the Department are authorized to designate
employees to certify vouchers.

[Order No. 1142-86, 51 FR 25049, July 10, 1986]

Sec. 0.149 Cash payments.

The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of the Federal Prison
Industries, Inc., the Commissioner of the Immigration and Naturalization
Service, the Administrator of the Drug Enforcement Administration, the
Assistant Attorney General for the Office of Justice Programs, the
Director of the United States Marshals Service, and the Director of the
Executive Office for United States Attorneys, as to their respective
jurisdictions, and the Assistant Attorney General for Administration, as
to all other organizational units of the Department, are authorized to:
(a) Request Department of the Treasury designation of disbursing
employees (including cashiers),
(b) Approve waivers of the Department of the Treasury maximum
limitation on routine payments of cash from imprest funds, and
(c) Approve requests to place imprest funds in depositary cash
demand withdrawal accounts and establish the maximum amount of each
account.

Guidelines are to be promulgated by each component for the establishment
and maintenance of such accounts in accordance with the provisions set
forth in the Treasury Financial Manual, Volume I, Part 4, Chapter 3000.
Existing authorizations to request designations of disbursing employees
shall remain in effect until terminated by the official who by this
section would be authorized to request such designations.

[Order No. 1142-86, 51 FR 25049, July 10, 1986]

Sec. 0.150 Collection of erroneous payments.

The Director of the Federal Bureau of Investigation for the FBI and
the Assistant Attorney General for Administration for all other
organizational units of the Department are authorized, in accordance
with the regulations prescribed by the Attorney General under section
5514(b) of title 5, U.S. Code, to collect indebtedness resulting from
erroneous payments to employees.

[Order No. 634-75, 40 FR 58644, Dec. 18, 1975]

Sec. 0.151 Administering oath of office.

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 Administrator of
the Drug Enforcement Administration, the Director of the Office of
Justice Assistance, Research and Statistics, the Director of the
Executive Office for U.S. Attorneys, and the Director of the U.S.
Marshals Service, as to their respective jurisdictions, and the
Assistant Attorney General for Administration, as to all other
organizational units of the Department are authorized to designate, in
writing, pursuant to the provisions of sections 2903(b) and 2904 of
title 5, U.S. Code, officers or employees to administer the oath of
office required by section 3331 of title 5, U.S. Code, and to administer
any other oath required by law in connection with employment in the
executive branch of the Federal Government.

Sec. 0.152 Approval of funds for attendance at meetings.

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of the Office of Justice Assistance, Research and Statistics, 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 prescribe
regulations for the expenditure of appropriated funds available for
expenses of attendance at meetings of organizations.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 960-81, 46 FR 52351, Oct.
27, 1981]

Sec. 0.153 Selection and assignment of employees for training.

The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
Inc., the Commissioner of the Immigration and Naturalization Service,
the Administrator of the Drug Enforcement Administration, the Director
of the Office of Justice Assistance, Research and Statistics, the
Director of the Executive Office for United States Attorneys and the
Director of the United States Marshals Service, as to their respective
jurisdictions, and the Assistant Attorney General for Administration, as
to all other organizational units of the Department, are hereby
authorized to exercise the authority vested in the Attorney General by 5
U.S.C. 4109, with respect to the selection and assignment of employees
for training by, in, or through Government facilities and the payment or
reimbursement of expenses for such training.

[Order No. 960-81, 46 FR 52351, Oct. 27, 1981]

Sec. 0.154 Advance and evacuation payments and special 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, the Administrator of
the Drug Enforcement Administration, the Director of the United States
Marshals Service, and the Director of the Office of Justice Assistance,
Research and Statistics, 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), are
hereby authorized to exercise the authority vested in the Attorney
General by sections 5522-5527 of title 5, U.S. Code, and Executive Order
10982 of December 25, 1961, and to administer the regulations adopted by
the Attorney General in Order No. 269-62 with respect to advance and
evacuation payments and special allowances.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 565-74, 39 FR 15877, May
6, 1974; Order No. 960-81, 46 FR 52351, Oct. 27, 1981]

Sec. 0.155 Waiver of claims for erroneous payments of pay and 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, the Administrator of
the Drug Enforcement Administration, and the Director of the Office of
Justice Assistance, Research and Statistics, 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 under 5
U.S.C. 5584, as amended by Public Law 92-453, for the waiver of claims
of the United States for erroneous payments of pay and allowances to
employees of the Department of Justice in accordance with the standards
prescribed by the Comptroller General in 4 CFR parts 91 through 93.

[Order No. 514-73, 38 FR 12110, May 17, 1973, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 960-81, 46 FR 52351, Oct.
27, 1981]

Sec. 0.156 Execution of U.S. Marshals' deeds or transfers of title.

A chief deputy or deputy U.S. Marshal who sells property--real,
personal, or mixed--on behalf of a U.S. Marshal, may execute a deed or
transfer of title to the purchaser on behalf of and in the name of the
U.S. Marshal.

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Sec. 0.157 Federal Bureau of Investigation--Drug Enforcement Administration Senior Executive Service.

(a) Pursuant to 5 U.S.C. 3151, there is established a personnel
system for senior personnel within the Federal Bureau of Investigation
(FBI) and the Drug Enforcement Administration (DEA) to be known as the
FBI-DEA Senior Executive Service (FBI-DEA SES).
(b) Pursuant to 5 U.S.C. 3151(b)(2)(B), a career employee in the
civil service is one who occupies, or who within the last 5 years
occupied, a permanent position in the competitive service, a career-type
permanent position in the excepted service, or a permanent position in
the SES while serving under a career appointment. A career-type
permanent position in the excepted service does not include:
(1) A Schedule C position authorized under 5 CFR 213.3301;
(2) A position that meets the same criteria as a Schedule C
position; and
(3) A position where the incumbent is traditionally removed upon a
change in Presidential Administration.
(c) Except as to the position of Deputy Director of the FBI (which
remains subject to the exclusive authority of the Attorney General), the
FBI-DEA SES is subject to the overall supervision and direction of the
Deputy Attorney General, who shall ensure that the FBI-DEA SES is
designed and administered in compliance with all statutory and
regulatory requirements.
(d) The Attorney General retains the authority to recommend members
of the FBI-DEA SES for Presidential Rank Awards.

[Order No. 1600-92, 57 FR 31314, July 15, 1992, as amended by Order No.
1975-95, 60 FR 35335, July 7, 1995; Order No. 2250-99, 64 FR 46846, Aug.
27, 1999]

Sec. 0.158 [Reserved]

Sec. 0.159 Redelegation of authority.

Except as to the authority delegated by Sec. 0.147, the authority
conferred by this subpart X upon heads of organizational units may be
redelegated by them, respectively, to any of their subordinates.
Existing delegations of authority to officers and employees and to U.S.
Attorneys, not inconsistent with this subpart X, made by any officer
named in this section or by the Assistant Attorney General for
Administration, shall continue in force and effect until modified or
revoked.

[Order No. 543-73, 38 FR 29587, Oct. 26, 1973]