§ 4352. — Authority of Institute; time; records of recipients; access; scope of section.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4352]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS
Sec. 4352. Authority of Institute; time; records of recipients;
access; scope of section \1\
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\1\ Section catchline editorially supplied.
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(a) In addition to the other powers, express and implied, the
National Institute of Corrections shall have authority--
(1) to receive from or make grants to and enter into contracts
with Federal, State, and general units of local government, public
and private agencies, educational institutions, organizations, and
individuals to carry out the purposes of this chapter;
(2) to serve as a clearinghouse and information center for the
collection, preparation, and dissemination of information on
corrections, including, but not limited to, programs for prevention
of crime and recidivism, training of corrections personnel, and
rehabilitation and treatment of criminal and juvenile offenders;
(3) to assist and serve in a consulting capacity to Federal,
State, and local courts, departments, and agencies in the
development, maintenance, and coordination of programs, facilities,
and services, training, treatment, and rehabilitation with respect
to criminal and juvenile offenders;
(4) to encourage and assist Federal, State, and local government
programs and services, and programs and services of other public and
private agencies, institutions, and organizations in their efforts
to develop and implement improved corrections programs;
(5) to devise and conduct, in various geographical locations,
seminars, workshops, and training programs for law enforcement
officers, judges, and judicial personnel, probation and parole
personnel, correctional personnel, welfare workers, and other
persons, including lay ex-offenders, and paraprofessional personnel,
connected with the treatment and rehabilitation of criminal and
juvenile offenders;
(6) to develop technical training teams to aid in the
development of seminars, workshops, and training programs within the
several States and with the State and local agencies which work with
prisoners, parolees, probationers, and other offenders;
(7) to conduct, encourage, and coordinate research relating to
corrections, including the causes, prevention, diagnosis, and
treatment of criminal offenders;
(8) to formulate and disseminate correctional policy, goals,
standards, and recommendations for Federal, State, and local
correctional agencies, organizations, institutions, and personnel;
(9) to conduct evaluation programs which study the effectiveness
of new approaches, techniques, systems, programs, and devices
employed to improve the corrections system;
(10) to receive from any Federal department or agency such
statistics, data, program reports, and other material as the
Institute deems necessary to carry out its functions. Each such
department or agency is author- ized to cooperate with the Institute
and shall, to the maximum extent practicable, consult with and
furnish information to the Institute;
(11) to arrange with and reimburse the heads of Federal
departments and agencies for the use of personnel, facilities, or
equipment of such departments and agencies;
(12) to confer with and avail itself of the assistance,
services, records, and facilities of State and local governments or
other public or private agencies, organizations, or individuals;
(13) to enter into contracts with public or private agencies,
organizations, or individuals, for the performance of any of the
functions of the Institute; and
(14) to procure the services of experts and consultants in
accordance with section 3109 of title 5 of the United States Code,
at rates of compensation not to exceed the daily equivalent of the
rate authorized for GS-18 by section 5332 of title 5 of the United
States Code.
[(b) Repealed. Pub. L. 97-375, title I, Sec. 109(a), Dec. 21, 1982,
96 Stat. 1820.]
(c) Each recipient of assistance under this chapter shall keep such
records as the Institute shall prescribe, including records which fully
disclose the amount and disposition by such recipient of the proceeds of
such assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the amount
of that portion of the cost of the project or undertaking supplied by
other sources, and such other records as will facilitate an effective
audit.
(d) The Institute, and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
purposes of audit and examinations to any books, documents, papers, and
records of the recipients that are pertinent to the grants received
under this chapter.
(e) The provision of this section shall apply to all recipients of
assistance under this title, whether by direct grant or contract from
the Institute or by subgrant or subcontract from primary grantees or
contractors of the Institute.
(Added Pub. L. 93-415, title V, Sec. 521, Sept. 7, 1974, 88 Stat. 1140;
amended Pub. L. 97-375, title I, Sec. 109(a), Dec. 21, 1982, 96 Stat.
1820; Pub. L. 101-647, title XXXV, Sec. 3599F, Nov. 29, 1990, 104 Stat.
4932.)
Amendments
1990--Subsec. (c). Pub. L. 101-647 substituted ``this chapter
shall'' for ``this shall''.
1982--Subsec. (b). Pub. L. 97-375 struck out subsec. (b) which
directed the Institute to submit an annual report to the President and
Congress, including a comprehensive and detailed report of the
Institute's operations, activities, financial condition and
accomplishments under this title, and which might include such
recommendations related to corrections as the Institute deemed
appropriate.
Inclusion of National Institute of Corrections in Federal Prison System
Salaries and Expenses Budget
Pub. L. 104-208, div. A, title I, Sec. 101(a), [title I], Sept. 30,
1996, 110 Stat. 3009, 3009-11, provided in part: ``That the National
Institute of Corrections hereafter shall be included in the FPS Salaries
and Expenses budget, in the Contract Confinement program and shall
continue to perform its current functions under 18 U.S.C. 4351, et seq.,
with the exception of its grant program and shall collect reimbursement
for services whenever possible''.
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.
National Training Center for Prison Drug Rehabilitation Program
Personnel
Pub. L. 100-690, title VI, Sec. 6292, Nov. 18, 1988, 102 Stat. 4369,
provided that:
``(a) In General.--The Director of the National Institute of
Corrections, in consultation with persons with expertise in the field of
community-based drug rehabilitation, shall establish and operate, at any
suitable location, a national training center (hereinafter in this
section referred to as the `center') for training Federal, State, and
local prison or jail officials to conduct drug rehabilitation programs
for criminals convicted of drug-related crimes and for drug-dependent
criminals. Programs conducted at the center shall include training for
correctional officers, administrative staff, and correctional mental
health professionals (including subcontracting agency personnel).
``(b) Design and Construction of Facilities.--The Director of the
National Institute of Corrections shall design and construct facilities
for the center.
``(c) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated with respect to the National
Institute of Corrections, there are authorized to be appropriated to the
Director of the National Institute of Corrections--
``(1) for establishment and operation of the center, for
curriculum development for the center, and for salaries and expenses
of personnel at the center, not more than $4,000,000 for each of
fiscal years 1989, 1990, and 1991; and
``(2) for design and construction of facilities for the center,
not more than $10,000,000 for fiscal years 1989, 1990, and 1991.''
