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tice, and other Federal agencies, which pursuant to section 1 of title VI of the may desire to avail themselves of the act of June 15, 1917, 40 Stat. 223, as service.
amended by section 1 of the act of Au(h) Make recommendations to the gust 13, 1953, 67 Stat. 577 (22 U.S.C. Civil Service Commission in connection 401). with applications for retirement under 5 U.S.C. 8336(c).
Subpart Q—Bureau of Prisons (i) Investigate alleged fraudulent con CROSS REFERENCE: For regulations pertainduct in connection with operations of ing to the Bureau of Prisons, see Parts 6 and the Federal Housing Administration and 7 of this chapter. other alleged violations of the criminal $ 0.95 General functions. provisions of the National Housing Act, including section 1010 of title 18 of the
Subject to the general supervision and United States Code.
direction of the Attorney General, the
Director of the Bureau of Prisons shall $ 0.86 Seizure of gambling devices. direct all activities of the Bureau of
The Director, Associate Director, As Prisons, including: sistants to the Director, Assistant Direc (a) Management and regulation of tors, inspectors and agents of the Federal all Federal penal and correctional instiBureau of Investigation are authorized tutions (except military or naval instituto exercise the power and authority tions), and prison commissaries. vested in the Attorney General under
(b) Provision of suitable quarters for, the act of January 2, 1951, 64 Stat. 1135, and safekeeping, care, and subsistence as amended, and section 2513 of title 18. of, all persons charged with or convicted United States Code, to make seizures of of offenses against the United States or gambling devices and wire or oral com held as witnesses or otherwise. munication intercepting devices.
(c) Provision for the protection, in
struction, and discipline of all persons $ 0.87 Representation on committee for
charged with or convicted of offenses visit-exchange.
against the United States. The Director of the Federal Bureau (d) Classification, commitment, conof Investigation shall be a member of trol, or treatment of persons committed the committee which represents the De- to the custody of the Attorney General. partment of Justice in the development (e) Payment of rewards with respect and implementation of plans for ex- to escaped Federal prisoners (18 U.S.C. changing visits between the Iron Cur 3059). tain countries and the United States (f) Certification with respect to the and shall have authority to designate an insanity or mental incompetence of a alternate to serve on such committee. prisoner whose sentence is about to ex8 0.88 Certificates for expenses of un
pire pursuant to section 4247 of title
18 of the United States Code. foreseen emergencies.
(g) Entering into contracts with State The Director of the Federal Bureau or territorial officials for the custody, of Investigation is authorized to exer care, subsistence, education, treatment, cise the power and authority vested in and training of State or territorial the Attorney General by 28 U.S.C. 537, prisoners, upon certification with respect to make certificates with respect to ex to the availability of proper and adequate penses of unforeseen emergencies of a treatment facilities and personnel, purconfidential character: Provided, That suant to section 5003 of title 18 of the each such certificate made by the Direc- United States Code. tor of the Federal Bureau of Investiga
(h) Conduct of studies and the preption shall be approved by the Attorney aration and submission of reports and General.
recommendations to committing courts 8 0.89 Authority to seize arms and mu
respecting disposition of cases in which nitions of war.
defendants have been committed for The Director of the Federal Bureau of
such purposes pursuant to section 4208 Investigation is authorized to exercise
(b) of title 18 of the United States Code. the authority conferred upon the Attor
(i) Conduct of studies and the prepney General by section 1 of E.O. No.
aration and submission of reports and 10863 of February 18, 1960 (25 F.R. recommendations to committing courts 1507), relating to the seizure of arms respecting disposition of cases in which and munitions of war, and other articles, juvenile delinquents have been committed pursuant to section 5034 of title (f) Accepting gifts or bequests of 18 of the United States Code.
money for credit to the "Commissary (j) Observation, conduct of studies, Funds, Federal Prisons" (31 U.S.C. and preparation of reports in cases in 725s). which youth offenders have been com (g) Prescribing regulations for the use mittted by the courts for such purposes of surplus funds in "Commissary Funds, pursuant to section 5010(e) of title 18 Federal Prisons" to provide advances not of the United States Code.
in excess of $150 to prisoners at the (k) Conduct of examinations to deter time of their release (18 U.S.C. 4284). mine whether an offender is an addict (h) Allowance, forfeiture, and restoand is likely to be rehabilitated through ration of all good time (18 U.S.C. 4161, treatment, as well as the preparation 4162, 4165, and 4166). and submission of reports to committing (i) Release of prisoners held solely courts, pursuant to section 4252 of title for nonpayment of fine (18 U.S.C. 3569). 18 of the United States Code.
(j) Furnishing transportation, cloth(1) Transmittal of reports of boards of ing, and payments to released prisoners examiners and certificates to clerks of the (18 U.S.C. 4281). district courts pursuant to section 4245 (k) Removal of insane prisoners to of title 18 of the United States Code.
suitable institutions and retransfer to (m) Providing technical assistance to
penal or correctional institutions upon State and local governments in the im
recovery (18 U.S.C. 4241, 4242). provement of their correctional systems (18 U.S.C. 4042).
(1) Granting permits to States or pub
lic agencies for rights of way upon lands $ 0.96 Delegations.
administered by the Director in accordThe Director of the Bureau of Prisons
ance with the provisions of sections 9310 is authorized to exercise or perform any
and 961 of title 43 of the United States of the authority, functions, or duties
Code. conferred or imposed upon the Attorney
(m) Designating, in his discretion, the General by any law relating to the com
Director of the Alcoholic Rehabilitation mitment, control, or treatment of per
Clinic, as the representative of the Atsons (including insane prisoners and
torney General to carry out the purpose juvenile delinquents) charged with or
of the act of August 4, 1947, 615 Stat. 744, convicted of offenses against the United
with respect to persons committed for States, including the taking of final ac
diagnosis, classification, and treatment tion in the following-described matters:
(D.C. Code 24-506(b)). . (a) Requesting the detail of Public
(n) Contracting with appropriate Health Service officers for the purpose
public or private agencies or with perof furnishing services to Federal penal
sons for supervisory aftercare of certain and correctional institutions (18 U.S.C.
conditionally released offenders (18 4005).
U.S.C. 4255). (b) Consideration, determination, ad
(0) Settlement of claims arising unjustment, and payment of claims in ac- der the Federal Tort Claims Act if the cordance with section 1 of the act of amount of settlement does not exceed June 10, 1949, 63 Stat. 167 (31 U.S.C. $2,500. (See 28 CFR 0.172.) 238). (c) Designating places of confinement
$ 0.97 Redelegation of authority. where the sentences of prisoners shall be The Director of the Bureau of Prisons served, and ordering transfers from one is authorized to redelegate to any of his institution to another whether main
subordinates any of the authority, functained by the Federal Government or
tions, or duties vested in him by this otherwise (18 U.S.C. 4082).
Subpart Q. Existing redelegations by the (d) Extending the limits of the place
Director of the Bureau of Prisons shall of confinement of prisoners for the purposes specified, and within the limits es
continue in force and effect until moditablished, by section 4082 of title 18 of fied or revoked. the United States Code, and otherwise
$ 0.98 Functions of Commissioner of performing the functions of the Attorney
Federal Prison Industries. General under that section.
(e) Designation of agents for the The Director of the Bureau of Prisons transportation of prisoners (18 U.S.C. is authorized as ex officio Commissioner 4008).
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. f 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 seryices 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
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, Public Law 89–176 (18 U.S.C. section 4082). [Based on Order No. 352–66, 31 F.R. 704, Jan. 19, 1966) Subpart R-Bureau of Narcotics and
Dangerous Drugs § 0.100 General functions.
Subject to the general supervision of the Attorney General, the exercise of the powers and performance of the functions vested in the Attorney General by the Comprehensive Drug Abuse Prevention and Control Act of 1970 are assigned to, and shall be conducted, handled, or supervised by the Director of the Bureau of Narcotics and Dangerous Drugs. [Order No. 423–69, 34 F.R. 20388, Dec. 31, 1969, as amended by Order No. 442–70, 35 F.R. 17332, Nov. 11, 1970) $ 0.101 Redelegation of authority,
The Director of the Bureau of Narcotics and Dangerous Drugs is authorized to redelegate to any of his subordinates any of the powers and functions vested in him by this Subpart R.
Appendix to Subpart R
(Directive No. 1]
BUREAU AGENTS DELEGATION OF AUTHORITY TO 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.J.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 (a) Decisions on petitions for remisand Dangerous Drugs pursuant to Part 0 sion or mitigation of forfeitures incurred of Title 28 of the Code of Federal Regula
under the Act of August 9, 1939 (49 U.S.C. tions (Organization of the Department of
781 et seq.) pursuant to section 1618 of Justice) Subpart R (8$ 0.100, 0.101, and
title 19, United States Code, and 0.102), all persons having supervisory
(b) Execution of seal for certification and administrative authority in the
required to authenticate any documents previous Bureau of Narcotics and
pursuant to section 0.146 of Title 28, Code Bureau of Drug Abuse Control will con
of Federal Regulations. tinue to exercise these functions with full force and effect.
[Directive No. 5] (Directive No. 3)
CHIEF COUNSEL OR DEPUTY CHIEF
REDELEGATION OF AUTHORITY REGARDING DELEGATION OF ADDITIONAL AUTHORITY
CERTAIN TORT CLAIMS Under the authority delegated by the
Under the authority delegated to the Attorney General of the United States,
Director of the Bureau of Narcotics and pursuant to Part 0 of Title 28 of the
Dangerous Drugs by the Attorney GenCode of Federal Regulations (Organiza
eral in Subpart R, I hereby redelegate tion of the Department of Justice), Sub
to the Chief Counsel or, in his absence part R (8$ 0.100, 0.101, and 0.102), in
the Deputy Chief Counsel, the authority addition to the rights, powers, and duties
to adjust, determine, compromise, and specified in Directive No. 1, 33 F.R. 5590,
settle any claim involving the Bureau of April 10, 1968, there are hereby redele
Narcotics and Dangerous Drugs under gated to duly appointed and authorized
section 2672 of title 28, United States agents of the Bureau of Narcotics and
Code, relating to tort claims where the Dangerous Drugs of the Department of
amount of a proposed adjustment, comJustice all functions relating to demand
promise, settlement or award does not to produce a license to grow opium pop
exceed $2,500. pies and to seize opium poppies under 21 U.S.C. 188g; all functions relating to
(Directive No. 12] service of administrative subpoenas un
REDELEGATION OF FUNCTIONS der 21 U.S.C. 198b; all functions in the Internal Revenue Code of 1954 relating
By virtue of the authority vested in me to the seizure of narcotic drugs under
by $ 0.159 and Subpart R of Title 28, section 4706, relating to notice and de
Code of Federal Regulations, in order mand to produce order forms for mari
to reflect more accurately the responsihuana under section 4744(a), relating to
bilities of certain officials of the Bureau confiscation of marihuana under section
of Narcotics and Dangerous Drugs as a
result of reorganization and reassign4745, and relating to inspection of re
ment, I hereby make the following turns, order forms, and prescriptions
changes in previous directives: under section 4773; and all functions under 49 U.S.C. 782 and 783 relating to
ENFORCEMENT OFFICERS: DELEGATION OF
AUTHORITY TO CARRY FIREARMS the seizure of any vessel, vehicle, or aircraft involving contraband articles coy
Directive No. 8 (33 F.R. 18237) is ered by 49 U.S.C. 781(b) (1).
hereby rescinded, and the following of
ficers and employees of the Bureau of (Directive No. 4]
Narcotics and Dangerous Drugs are auREDELEGATION OF FUNCTIONS
thorized to carry firearms: Under the authority delegated to the
1. The Director.
2. The Deputy Director. Director of the Bureau of Narcotics and
3. All criminal investigators, Series Dangerous Drugs by the Attorney Gen
1811, under Civil Service Commission eral in Subpart R, I hereby make the following redelegations:
regulations. The Chief Counsel or, in his absence
ISSUANCE OF IMPORTATION AND the Deputy Chief Counsel, are author
EXPORTATION PERMITS ized to exercise all necessary functions Directive No. 9 (33 F.R. 18236) is with respect to the following described hereby rescinded, and the authority to matters:
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
ers, 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
Naturalization Service g 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 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.