§4351 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Creates a National Institute of Corrections inside the Bureau of Prisons. An Advisory Board will run policy and operations. The Board has 16 members. Six are automatic members: the Director of the Federal Bureau of Prisons (or a designee), the Director of the Bureau of Justice Assistance (or a designee), the Chairman of the U.S. Sentencing Commission (or a designee), the Director of the Federal Judicial Center (or a designee), the Associate Administrator for the Office of Juvenile Justice and Delinquency Prevention (or a designee), and the Assistant Secretary for Human Development of the Department of Health, Education, and Welfare (or a designee). Ten others are appointed by the Attorney General: five practitioners in corrections, probation, or parole, and five private‑sector people from business, labor, or education with an active interest in these fields. The first sets of appointees have staggered initial terms (one for 1 year, one for 2 years, three for 3 years for practitioners; one for 1 year, three for 2 years, one for 3 years for private sector). After that, successors serve three‑year terms. Board members are not treated as U.S. officers or employees because of membership. Full‑time federal employees on the Board get no extra pay but are reimbursed for expenses. Other members and outside advisory committee members may be paid up to the daily equivalent of GS‑18 under 5 U.S.C. 5332 and receive travel and per diem under 5 U.S.C. 5703. The Board elects a chair for one year and may elect one or more vice‑chairs, may create advisory committees without following civil service rules, and may delegate its powers. The Institute is led by a Director appointed by the Attorney General after consulting the Board. The Director runs the Institute, hires staff subject to civil service rules, can hold property, accept gifts or trusts, appoint advisory councils, and delegate duties as needed.

Title 18, §4351

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)There is hereby established within the Bureau of Prisons a National Institute of Corrections.

(b)The overall policy and operations of the National Institute of Corrections shall be under the supervision of an Advisory Board. The Board shall consist of sixteen members. The following six individuals shall serve as members of the Commission ex officio: the Director of the Federal Bureau of Prisons or his designee, the Director of the Bureau of Justice Assistance or his designee, Chairman of the United States Sentencing Commission or his designee, the Director of the Federal Judicial Center or his designee, the Associate Administrator for the Office of Juvenile Justice and Delinquency Prevention 22 See References in Text note below. or his designee, and the Assistant Secretary for Human Development of the Department of Health, Education, and Welfare or his designee.

(c)The remaining ten members of the Board shall be selected as follows:

(1)Five shall be appointed initially by the Attorney General of the United States for staggered terms; one member shall serve for one year, one member for two years, and three members for three years. Upon the expiration of each member’s term, the Attorney General shall appoint successors who will each serve for a term of three years. Each member selected shall be qualified as a practitioner (Federal, State, or local) in the field of corrections, probation, or parole.

(2)Five shall be appointed initially by the Attorney General of the United States for staggered terms, one member shall serve for one year, three members for two years, and one member for three years. Upon the expiration of each member’s term the Attorney General shall appoint successors who will each serve for a term of three years. Each member selected shall be from the private sector, such as business, labor, and education, having demonstrated an active interest in corrections, probation, or parole.

(d)The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States. Members of the Commission who are full-time officers or employees of the United States shall serve without additional compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Board. Other members of the Board shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Commission pursuant to this title, be entitled to receive compensation at the rate not to exceed the daily equivalent of the rate authorized for GS–18 by section 5332 of title 5, United States Code, including traveltime, and while away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

(e)The Board shall elect a chairman from among its members who shall serve for a term of one year. The members of the Board shall also elect one or more members as a vice-chairman.

(f)The Board is authorized to appoint, without regard to the civil service laws, technical, or other advisory committees to advise the Institute with respect to the administration of this title as it deems appropriate. Members of these committees not otherwise employed by the United States, while engaged in advising the Institute or attending meetings of the committees, shall be entitled to receive compensation at the rate fixed by the Board but not to exceed the daily equivalent of the rate authorized for GS–18 by section 5332 of title 5, United States Code, and while away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

(g)The Board is authorized to delegate its powers under this title to such persons as it deems appropriate.

(h)The Institute shall be under the supervision of an officer to be known as the Director, who shall be appointed by the Attorney General after consultation with the Board. The Director shall have authority to supervise the organization, employees, enrollees, financial affairs, and all other operations of the Institute and may employ such staff, faculty, and administrative personnel, subject to the civil service and classification laws, as are necessary to the functioning of the Institute. The Director shall have the power to acquire and hold real and personal property for the Institute and may receive gifts, donations, and trusts on behalf of the Institute. The Director shall also have the power to appoint such technical or other advisory councils comprised of consultants to guide and advise the Board. The Director is authorized to delegate his powers under this title to such persons as he deems appropriate.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Office of Juvenile Justice and Delinquency Prevention, referred to in subsec. (b), as originally created by section 11111 of Title 34, Crime Control and Law

Enforcement

, was headed by an Associate Administrator. However, section 11111 of Title 34, as amended by Pub. L. 98–473, establishes the Office of Juvenile Justice and Delinquency Prevention, headed by an Administrator.

Amendments

1994—Subsec. (b). Pub. L. 103–322 substituted “Director of the Bureau of Justice Assistance” for “Administrator of the Law

Enforcement

Assistance Administration”. 1984—Subsec. (b). Pub. L. 98–473 substituted “Sentencing Commission” for “Parole Board”. 1977—Subsec. (b). Pub. L. 95–115 substituted “Associate” for “Deputy Assistant” and “Office of” for “National Institute for”.

Statutory Notes and Related Subsidiaries

Change of Name

Department of Health, Education, and Welfare redesignated Department of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an

Effective Date

note under section 3551 of this title.

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93–415, as added by Pub. L. 95–115, formerly set out as a note under section 11101 of Title 34, Crime Control and Law

Enforcement

Repeals

Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.

Transfer of Functions

Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 10142(3) through (6) of Title 34, Crime Control and Law

Enforcement

, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of Title 34. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. Termination of Advisory BoardsAdvisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See section 1001(2) and 1013 of Title 5, Government Organization and Employees. Exceptions to Membership Requirements During Five-Year PeriodFor exceptions to the membership requirements set forth in this section, which exceptions are applicable for five-year period following Nov. 1, 1987, see section 235(b)(5) of Pub. L. 98–473, set out as an

Effective Date

note under section 3551 of this title.

§4351 Establishment; Advisory Board; Appointment of Members; Compensation; Officers; Committees; Delegation of Powers; Director, Appointment and Powers 11 Section Catchline Editorially Supplied.

Summary

Title 18, §4351

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Enforcement

Repeals

Transfer of Functions

Enforcement

Effective Date

Citations & Metadata