tice, and other Federal agencies, which may desire to avail themselves of the service.

(h) Make recommendations to the Civil Service Commission in connection with applications for retirement under 5 U.S.C. 8336(c).

(i) Investigate alleged fraudulent conduct in connection with operations of the Federal Housing Administration and other alleged violations of the criminal provisions of the National Housing Act, including section 1010 of title 18 of the United States Code.

§ 0.86 Seizure of gambling devices.

The Director, Associate Director, Assistants to the Director, Assistant Directors, inspectors and agents of the Federal Bureau of Investigation are authorized to exercise the power and authority vested in the Attorney General under the act of January 2, 1951, 64 Stat. 1135, as amended, and section 2513 of title 18, United States Code, to make seizures of gambling devices and wire or oral communication intercepting devices.

§ 0.87 Representation on committee for visit-exchange.

The Director of the Federal Bureau of Investigation 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.

§ 0.88 Certificates for expenses of unforeseen emergencies.

The Director of the Federal Bureau of Investigation is authorized to exercise the power and authority vested in the Attorney General by 28 U.S.C. 537, to make certificates with respect to expenses of unforeseen emergencies of a confidential character: Provided, That each such certificate made by the Director of the Federal Bureau of Investigation shall be approved by the Attorney General.

§ 0.89 Authority to seize arms and munitions of war.

The Director of the Federal Bureau of Investigation is authorized to exercise the authority conferred upon the Attorney General by section 1 of E.O. No. 10863 of February 18, 1960 (25 F.R. 1507), relating to the seizure of arms and munitions of war, and other articles,

pursuant to section 1 of title VI of the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401).

Subpart Q-Bureau of Prisons

CROSS REFERENCE: For regulations pertaining to the Bureau of Prisons, see Parts 6 and 7 of this chapter.

§ 0.95 General functions.

Subject to the general supervision and direction of the Attorney General, the Director of the Bureau of Prisons shall direct all activities of the Bureau of Prisons, including:

(a) Management and regulation of all Federal penal and correctional institutions (except military or naval institutions), and prison commissaries.

(b) Provision of suitable quarters for, and safekeeping, care, and subsistence of, all persons charged with or convicted of offenses against the United States or held as witnesses or otherwise.

(c) Provision for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States.

(d) Classification, commitment, control, or treatment of persons committed to the custody of the Attorney General. (e) Payment of rewards with respect to escaped Federal prisoners (18 U.S.C. 3059).

(f) Certification with respect to the insanity or mental incompetence of a prisoner whose sentence is about to expire pursuant to section 4247 of title 18 of the United States Code.

(g) Entering into contracts with State or territorial officials for the custody, care, subsistence, education, treatment, and training of State or territorial prisoners, upon certification with respect to the availability of proper and adequate treatment facilities and personnel, pursuant to section 5003 of title 18 of the United States Code.

(h) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which defendants have been committed for such purposes pursuant to section 4208 (b) of title 18 of the United States Code.

(i) Conduct of studies and the preparation and submission of reports and recommendations to committing courts respecting disposition of cases in which juvenile delinquents have been com

mitted pursuant to section 5034 of title 18 of the United States Code.

(j) Observation, conduct of studies, and preparation of reports in cases in which youth offenders have been committted by the courts for such purposes pursuant to section 5010(e) of title 18 of the United States Code.

(k) Conduct of examinations to determine whether an offender is an addict and is likely to be rehabilitated through treatment, as well as the preparation and submission of reports to committing courts, pursuant to section 4252 of title 18 of the United States Code.

(1) Transmittal of reports of boards of examiners and certificates to clerks of the district courts pursuant to section 4245 of title 18 of the United States Code.

(m) Providing technical assistance to State and local governments in the improvement of their correctional systems (18 U.S.C. 4042).

The Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the commitment, control, or treatment of persons (including insane prisoners and juvenile delinquents) charged with or convicted of offenses against the United States, including the taking of final action in the following-described matters:

(a) Requesting the detail of Public Health Service officers for the purpose of furnishing services to Federal penal and correctional institutions (18 U.S.C. 4005).

(b) Consideration, determination, adjustment, and payment of claims in accordance with section 1 of the act of June 10, 1949, 63 Stat. 167 (31 U.S.C. 238).

(c) Designating places of confinement where the sentences of prisoners shall be served, and ordering transfers from one institution to another whether maintained by the Federal Government or otherwise (18 U.S.C. 4082).

(d) Extending the limits of the place of confinement of prisoners for the purposes specified, and within the limits established, by section 4082 of title 18 of the United States Code, and otherwise performing the functions of the Attorney General under that section.

(e) Designation of agents for the transportation of prisoners (18 U.S.C.

4008).

(f) Accepting gifts or bequests of money for credit to the "Commissary Funds, Federal Prisons" (31 U.S.C. 725s).

(g) Prescribing regulations for the use of surplus funds in "Commissary Funds, Federal Prisons" to provide advances not in excess of $150 to prisoners at the time of their release (18 U.S.C. 4284).

(h) Allowance, forfeiture, and restoration of all good time (18 U.S.C. 4161, 4162, 4165, and 4166).

(i) Release of prisoners held solely for nonpayment of fine (18 U.S.C. 3569). (j) Furnishing transportation, clothing, and payments to released prisoners (18 U.S.C. 4281).

(k) Removal of insane prisoners to suitable institutions and retransfer to penal or correctional institutions upon recovery (18 U.S.C. 4241, 4242).

(1) Granting permits to States or public agencies for rights of way upon lands administered by the Director in accordance with the provisions of sections 931c and 961 of title 43 of the United States Code.

(m) Designating, in his discretion, the Director of the Alcoholic Rehabilitation Clinic, as the representative of the Attorney General to carry out the purpose of the act of August 4, 1947, 615 Stat. 744, with respect to persons committed for diagnosis, classification, and treatment (D.C. Code 24-506(b)).

(n) Contracting with appropriate public or private agencies or with persons for supervisory aftercare of certain offenders conditionally released (18 U.S.C. 4255).

(0) Settlement of claims arising under the Federal Tort Claims Act if the amount of settlement does not exceed $2,500. (See 28 CFR 0.172.)

§ 0.97 Redelegation of authority.

The Director of the Bureau of Prisons is authorized to redelegate to any of his subordinates any of the authority, functions, or duties vested in him by this Subpart Q. Existing redelegations by the Director of the Bureau of Prisons shall continue in force and effect until modified or revoked.

§ 0.98 Functions of Commissioner of Federal Prison Industries.

The Director of the Bureau of Prisons is authorized as ex officio Commissioner of Federal Prison Industries and in ac

cordance with the policy fixed by its Board of Directors to:

(a) Exercise jurisdiction over all industrial enterprises in all Federal penal and correctional institutions.

(b) Sponsor vocational training programs in Federal penal and correctional institutions.

(c) Contract for the transfer of property or equipment from the District of Columbia for industrial employment and training of prisoners confined in a penal or correctional institution of the District of Columbia, pursuant to 18 U.S.C. 4122.

§ 0.99 Compensation to Federal prison

ers.

The Board of Directors of Federal Prison Industries, or such officer of the corporation as the Board may designate, may exercise the authority vested in the Attorney General by section 4126 of title 18 of the United States Code, as amended, to prescribe rules and regulations governing the payment of compensation to inmates of Federal penal and correctional institutions employed in any industry, or performing outstanding services in institutional operations, and to inmates or their dependents for injuries suffered in any industry or in any work activity in connection with the maintenance of operation of the institution 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, Public Law 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

DELEGATION

[Directive No. 1]

BUREAU AGENTS

OF AUTHORITY ΤΟ CONDUCT
INVESTIGATIONS

Under the authority delegated by the Attorney General of the United States, pursuant to Part 0 of Title 28 of the Code of Federal Regulations (Organization of the Department of Justice), Subpart R (§§ 0.100, 0.101 and 0.102), there is hereby redelegated to duly appointed and authorized agents of the Bureau of Narcotics and Dangerous Drugs of the Department of Justice all rights, powers and duties contained in 21 U.S.C. 372(a), (c), (e), 21 U.S.C. 360a (d), 26 U.3.C. 7606, and 26 U.S.C. 7607.

[Directive No. 2] SUPERVISORS AND ADMINISTRATORS, BuREAU OF NARCOTICS AND BUREAU OF DRUG ABUSE CONTROL

REDELEGATION OF FUNCTIONS

Under the authority delegated by the Attorney General of the United States

to the Director of the Bureau of Narcotics and Dangerous Drugs pursuant to Part 0 of Title 28 of the Code of Federal Regulations (Organization of the Department of Justice) Subpart R (§§ 0.100, 0.101, and 0.102), all persons having supervisory and administrative authority in the previous Bureau of Narcotics and

Bureau of Drug Abuse Control will continue to exercise these functions with full force and effect.

[Directive No. 3]

BUREAU AGENTS

DELEGATION OF ADDITIONAL AUTHORITY Under the authority delegated by the Attorney General of the United States, pursuant to Part 0 of Title 28 of the Code of Federal Regulations (Organization of the Department of Justice), Subpart R (§§ 0.100, 0.101, and 0.102), in addition to the rights, powers, and duties specified in Directive No. 1, 33 F.R. 5590, April 10, 1968, there are hereby redelegated to duly appointed and authorized agents of the Bureau of Narcotics and Dangerous Drugs of the Department of Justice all functions relating to demand to produce a license to grow opium poppies and to seize opium poppies under 21 U.S.C. 188g; all functions relating to service of administrative subpoenas under 21 U.S.C. 198b; all functions in the Internal Revenue Code of 1954 relating to the seizure of narcotic drugs under section 4706, relating to notice and demand to produce order forms for marihuana under section 4744(a), relating to confiscation of marihuana under section 4745, and relating to inspection of returns, order forms, and prescriptions under section 4773; and all functions under 49 U.S.C. 782 and 783 relating to the seizure of any vessel, vehicle, or aircraft involving contraband articles covered by 49 U.S.C. 781 (b) (1).

[Directive No. 4]

REDELEGATION OF FUNCTIONS

Under the authority delegated to the Director of the Bureau of Narcotics and Dangerous Drugs by the Attorney General in Subpart R, I hereby make the following redelegations:

The Chief Counsel or, in his absence the Deputy Chief Counsel, are authorized to exercise all necessary functions with respect to the following described matters:

[Directive No. 12]

REDELEGATION OF FUNCTIONS

By virtue of the authority vested in me by 0.159 and Subpart R of Title 28, Code of Federal Regulations, in order to reflect more accurately the responsibilities of certain officials of the Bureau of Narcotics and Dangerous Drugs as a result of reorganization and reassignment, I hereby make the following changes in previous directives: ENFORCEMENT OFFICERS: DELEGATION OF

AUTHORITY TO CARRY FIREARMS

Directive No. 8 (33 F.R. 18237) is hereby rescinded, and the following officers and employees of the Bureau of Narcotics and Dangerous Drugs are authorized to carry firearms:

1. The Director.

2. The Deputy Director.

3. All criminal investigators, Series 1811, under Civil Service Commission regulations.

ISSUANCE OF IMPORTATION AND

EXPORTATION PERMITS

Directive No. 9 (33 F.R. 18236) is hereby rescinded, and the authority to perform all functions with respect to the

issuance of narcotic drug importation and exportation permits pursuant to sections 173 and 182 of title 21, United States Code, and Part 302 of title 21, Code of Federal Regulations, is redelegated to the Chief of the Compliance Investigation Division.

ABSENCE, INABILITY OR DISQUALIFICATION OF DIRECTOR

Directive No. 11 (34 F.R. 4889) is hereby rescinded, and I direct that in the case of my inability or disqualification to act in the office of the Director, or in the event of my temporary absence, all duties and functions shall be performed by the Deputy Director, or in the event of his absence, by the Assistant Director for Enforcement.

[Directive No. 13]

BUREAU AGENTS

DELEGATION OF ADDITIONAL AUTHORITY (1) All criminal investigators, Series 1811, under Civil Service Commission regulations, may administer oaths under section 505 of the Act; serve subpenas under sections 505 and 506 of the Act; and avail themselves of all necessary powers, rights, privileges, and duties contained in sections 508, 509, 510, 511 (except rulings on petitions for remission or mitigation of forfeitures), and 1015 of the Act;

(2) All Regional Directors, or in their absences, the respective Deputy Regional Directors, may sign and issue subpenas under section 506 of the Act, except that subpenas issued pursuant to an enforcement proceeding under section 513 of the Act must be issued pursuant to approval of the Office of Chief Counsel.

OFFICE OF CHIEF COUNSEL

The Chief Counsel or, in his absence, the Deputy Chief Counsel, is authorized to exercise all necessary functions with respect to the following described matters:

(1) Cooperate under section 503 (a) (2) of the Act in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States;

(2) Formulation and coordination of the proceedings relating to the holding of hearings under section 505 of the Act. Except as provided by the Administrative Procedures Act, all final determinations pursuant to the conduct of the hearings shall be made by the Director;

(3) Signing and issuance of subpenas and the administering of oaths in connection with administrative hearings under section 505 and enforcement proceedings under section 513. Provided, That properly designated hearing officers shall also have the authority to sign and issue subpenas and to administer oaths in connection with administrative hearings;

(4) Review of probable cause for seizure and forfeiture of property pursuant to section 511, and to rule on petitions for remission or mitigation of forfeitures;

(5) Conduct proceedings and make rulings under section 513 relating to notice and opportunity for certain violators to present views prior to institution of criminal proceedings. The Regional Directors of the Bureau of Narcotics and Dangerous Drugs, or their delegates, are also authorized to conduct such proceedings with the concurrence of the Chief Counsel.

[35 F.R. 18467, Dec. 4, 1970]

Subpart S-Immigration and

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 Commissioner 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 representation 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.