§ 4351. — Establishment; Advisory Board; appointment of members; compensation; officers; committees; delegation of powers; Director, appointment and powers.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4351]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS
Sec. 4351. Establishment; Advisory Board; appointment of
members; compensation; officers; committees; delegation of
powers; Director, appointment and powers \1\
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\1\ Section catchline editorially supplied.
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(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 \2\ or his
designee, and the Assistant Secretary for Human Development of the
Department of Health, Education, and Welfare or his designee.
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\2\ See References in Text note below.
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(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.
(Added Pub. L. 93-415, title V, Sec. 521, Sept. 7, 1974, 88 Stat. 1139;
amended Pub. L. 95-115, Sec. 8(a), Oct. 3, 1977, 91 Stat. 1060; Pub. L.
98-473, title II, Sec. 223(o), Oct. 12, 1984, 98 Stat. 2030; Pub. L.
103-322, title XXXIII, Sec. 330001(i), Sept. 13, 1994, 108 Stat. 2140.)
References in Text
The Office of Juvenile Justice and Delinquency Prevention, referred
to in subsec. (b), was created by section 5611 of Title 42, The Public
Health and Welfare, headed by an Associate Administrator. However,
section 5611 of Title 42, as amended by Pub. L. 98-473, establishes the
Office of Juvenile Justice and Delinquency Prevention and headed by an
Administrator.
The civil service laws, referred to in subsecs. (f) and (h), are set
forth in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
The classification laws, referred to in subsec. (h), are classified
generally to chapter 51 and subchapter III of chapter 53 of Title 5.
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''.
Change of Name
Department of Health, Education, and Welfare redesignated Department
of Health and Human Services by Pub. L. 96-88, title V, Sec. 509(b),
Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of
Title 20, Education.
Effective Date of 1984 Amendment
Amendment 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 Amendment
Amendment 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, set out as a note
under section 5601 of Title 42, The Public Health and Welfare.
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of
Justice Assistance, other than those enumerated in section 3742(3)
through (6) of Title 42, The Public Health and Welfare, transferred to
Assistant Attorney General for Office of Justice Programs, see section
1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note
under section 3741 of Title 42.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References 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,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Termination of Advisory Boards
Advisory 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 sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
Exceptions to Membership Requirements During Five-Year Period
For 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.
