Title 34NavyRelease 119-73

§10225 Subpoena power; employment of hearing officers; authority to hold hearings

Title 34 › Subtitle Subtitle I— - Comprehensive Acts › Chapter CHAPTER 101— - JUSTICE SYSTEM IMPROVEMENT › Subchapter SUBCHAPTER VII— - ADMINISTRATIVE PROVISIONS › § 10225

Last updated Apr 6, 2026|Official source

Summary

Gives the Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics the power to hire or use temporary or part‑time hearing examiners and administrative law judges when needed. Those hires can be treated as "special government employees" under 18 U.S.C. 202 without the usual day limit, but they are not U.S. officers. Those agencies, or people they authorize, and the examiners or judges they assign may hold hearings, issue subpoenas, swear in and question witnesses, collect evidence, and take testimony anywhere in the United States, subject to any limits the hiring authority sets.

Full Legal Text

Title 34, §10225

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The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated, be understood to be comprised within the meaning of “special government employee” under section 202 of title 18 (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States) or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to section 3344 of title 5, as shall be necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office. The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics or upon authorization, any member thereof, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any hearing examiner or administrative law judge assigned to or employed thereby, shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, conduct examinations, and receive evidence at any place in the United States they respectively may designate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3787 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 806 of Pub. L. 90–351 was classified to section 3786 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. Provisions similar to this section were contained in part in section 3788 of Title 42, The Public Health and Welfare, prior to repeal of such section by section 609B(e) of Pub. L. 98–473.

Amendments

2022—Pub. L. 117–172, § 4(a)(2), in second sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance” and “, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any” for “or any” and inserted comma after “thereby” and after “examinations”. Pub. L. 117–172, § 4(a)(1)(E), substituted “necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office” for “necessary to carry out their respective powers and duties under this title”. Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance”, “title 18 (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States)” for “title 18)”, and “or administrative law judges” for “such hearing examiners or administrative law judges” and struck out “by the Attorney General” after “if so designated”. 2021—Pub. L. 117–61, § 7(3), which directed amendment of par. (3) by substituting “or other law. The Attorney General, the” for “under this chapter. The”, could not be executed because the words “this chapter” did not appear in the original text. Pub. L. 117–61, § 7(1), (2), (4), inserted “Attorney General, the” before “Bureau of Justice Assistance” and “conduct examinations” after “examine witnesses,” and substituted “may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated by the Attorney General, be understood to be comprised within the meaning of ‘special government employee’ under section 202 of title 18)” for “may appoint”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing

Effective Date

s) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.

Effective Date

Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title.

Reference

Citations & Metadata

Citation

34 U.S.C. § 10225

Title 34Navy

Last Updated

Apr 6, 2026

Release point: 119-73