Title 42The Public Health and WelfareRelease 119-73not60

§10704 Officers and Employees

Title 42 › Chapter 113— STATE JUSTICE INSTITUTE › § 10704

Last updated Apr 5, 2026|Official source

Summary

Makes the Director run the Institute day-to-day under the Board’s policies. The Director hires and fires staff needed to do the Institute’s work and carries out duties the Board gives. No one may be hired, promoted, or otherwise treated based on political tests or political qualifications, and that rule also applies when choosing or watching grantees, contractors, or others who get money from the Institute. The Board sets pay for officers and employees, but no one can be paid more than the rate for level V of the Executive Schedule (section 5316 of title 5). The Institute is not treated as a federal department or agency for most purposes, but OMB may review its budget and the Institute can buy from the GSA. Staff are not federal employees except for certain benefits under title 5 (work-injury coverage, civil service retirement, life and health insurance—Subchapter I of chapter 81; chapters 83, 84, 87, and 89), even if section 8914 of title 5 says otherwise. The Institute must pay the same contribution rates as federal agencies. The Institute and its staff must follow the freedom-of-information rules in section 552 of title 5.

Full Legal Text

Title 42, §10704

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The Director, subject to general policies established by the Board, shall supervise the activities of persons employed by the Institute and may appoint and remove such employees as he determines necessary to carry out the purposes of the Institute. The Director shall be responsible for the executive and administrative operations of the Institute, and shall perform such duties as are delegated to such Director by the Board and the Institute.
(2)No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this chapter.
(b)Officers and employees of the Institute shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5.
(c)(1)Except as otherwise specifically provided in this chapter, the Institute shall not be considered a department, agency, or instrumentality of the Federal Government.
(2)This chapter does not limit the authority of the Office of Management and Budget to review and submit comments upon the Institute’s annual budget request at the time it is transmitted to the Congress.
(3)The Institute may purchase goods and services from the General Services Administration in order to carry out its functions.
(d)(1)Except as provided in paragraph (2), officers and employees of the Institute shall not be considered officers or employees of the United States.
(2)Officers and employees of the Institute shall be considered officers and employees of the United States solely for the purposes of the following provisions of title 5: Subchapter I of chapter 81 (relating to compensation for work injuries); chapters 83 and 84 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance), notwithstanding section 8914 of such title. The Institute shall make contributions under the provisions referred to in this subsection at the same rates applicable to agencies of the Federal Government.
(e)The Institute and its officers and employees shall be subject to the provisions of section 552 of title 5 relating to freedom of information.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (c)(1), (2), was in the original “this title”, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see

Short Title

note set out under section 10701 of this title and Tables.

Amendments

2004—Subsec. (c)(3). Pub. L. 108–372, § 3(a), added par. (3). Subsec. (d)(2). Pub. L. 108–372, § 3(b), inserted “, notwithstanding section 8914 of such title” after “(relating to health insurance)”. 1988—Subsec. (d)(2). Pub. L. 100–690 and Pub. L. 100–702 amended par. (2) identically, substituting “chapters 83 and 84” for “chapter 83”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1985, see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10704

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60