18 U.S.C. § 4351 — Establishment; Advisory Board; appointment of members; compensation; officers; committees; delegation of powers; Director, appointment and powers 1
submitted 52 years ago by Pub. L. 93-415 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 819 words · no verdicts yet
This section creates the National Institute of Corrections inside the Bureau of Prisons and sets rules for its Advisory Board and Director.
(a) The National Institute of Corrections is established within the Bureau of Prisons.
(b) An Advisory Board supervises the Institute's overall policy and operations. It has 16 members. Six serve because of their government positions: the Federal Bureau of Prisons Director (or designee), Bureau of Justice Assistance Director (or designee), Sentencing Commission Chairman (or designee), Federal Judicial Center Director (or designee), Associate Administrator for the Office of Juvenile Justice and Delinquency Prevention (or designee), and Assistant Secretary for Human Development of the Department* of Health, Education, and Welfare (or designee).
(c) The other 10 members are appointed by the Attorney General. (1) Five are initially appointed for staggered terms: one year for one member, two years for one member, and three years for three members. Later successors serve three-year terms. Each must be a Federal, State, or local practitioner in corrections, probation, or parole. (2) The other five are initially appointed for staggered terms: one year for one member, two years for three members, and three years for one member. Later successors serve three-year terms. Each must be from the private sector, such as business, labor, or education, and have shown an active interest in corrections, probation, or parole.
(d) Board members are not thereby officers or employees of the United States. Full-time federal officers or employees serve without extra pay but are reimbursed for necessary travel, living, and other expenses for Board duties. Other members may receive, including for travel time, up to the daily GS-18 equivalent rate for Board meetings and related duties. When away from home or their regular business, they may receive travel expenses, including per diem, at the rate allowed for intermittently employed government workers.
(e) The Board elects a chair for a one-year term and elects one or more vice chairs.
(f) Without regard to civil-service laws, the Board may appoint technical or other advisory committees it considers appropriate. A committee member who is not otherwise a federal employee may receive Board-set compensation up to the daily GS-18 equivalent rate and travel expenses, including per diem, allowed for intermittently employed government workers.
(g) The Board may delegate its powers under this title to appropriate people.
(h) An officer called the Director supervises the Institute. The Attorney General appoints the Director after consulting the Board. The Director may supervise the Institute's organization*, employees, enrollees, finances, and other operations; hire needed staff, faculty, and administrators subject to civil-service and classification laws; acquire and hold real and personal property; accept gifts, donations, and trusts; appoint advisory councils of consultants for the Board; and delegate the Director's powers to appropriate people.
There is hereby established within the Bureau of Prisons a National Institute of Corrections.
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.
The remaining ten members of the Board shall be selected as follows:
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.
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.
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.
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.
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.
The Board is authorized to delegate its powers under this title to such persons as it deems appropriate.
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.
Source credit: (Added Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139; amended Pub. L. 95–115, § 8(a), Oct. 3, 1977, 91 Stat. 1060; Pub. L. 98–473, title II, § 223(o), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 103–322, title XXXIII, § 330001(i), Sept. 13, 1994, 108 Stat. 2140.)
- 1974Enacted · Pub. L. 93-415 · 88 Stat. 1139
- 1977Amended · Pub. L. 95-115 · 91 Stat. 1060
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2030
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2140
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-415 on 1974-09-07.
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