§ 4351. Establishment; Advisory Board; appointment of members; compensation; officers; committees; delegation of powers; Director, appointment and powers 11 Section catchline editorially supplied.

Footnotes

1. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Juvenile Justice and Delinquency Prevention Act of 1974

   Pub. L. 93–415 title V § 521 · [88 Stat. 1109]

   Enacted · 18 U.S.C. § 4351

   Added Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139

   Source evidence

   Code source credit
   Added Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139

   Enacted provision · exact public law section
   Sec. 521. Title 18, United States Code, is amended by adding a new chapter 319 to read as follows: “CHAPTER 319.— NATIONAL INSTITUTE OF CORRECTIONS “Sec. 4351. (a) There is hereby established within the Bureau of Establishment. 18 USC 4351. 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 Membership. 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 Administrator of the Law Enforcement Assistance Administration or his designee, Chairman of the United States Parole Board or his designee, the Director of the Federal Judicial Center or his designee, the Deputy Assistant Administrator for the National Institute for juvenile Justice and Delinquency Prevention 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, Compensation for expenses. 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 travel-time, 5 USC 5332 note. 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 Chairman and vice-chairman. shall serve for a term of one year. The members of the Board shall also elect one or more members as a vice-chairman. Appointment of committees.“(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 5 USC 5332 note. 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 sect ion 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. Director.“(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. “Sec. 4352. (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 authorized 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, Contracts. 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 Experts and consultants. 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. 5 USC 5332 note. “(b) The Institute shall on or before the 31st day of December of Annual report to President and Congress. each year submit an annual report for the preceding fiscal year to the President and to the Congress. The report shall include a comprehensive and detailed report of the Institute’s operations, activities, financial condition, and accomplishments under this title and may include such recommendations related to corrections as the Institute deems appropriate. “(c) Each recipient of assistance under this shall keep such records Recordkeeping. 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 Audit. 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. “Sec. 4353. There is hereby authorized to be appropriated such Appropriation. 18 USC 4353. funds as may be required to carry out the purposes of this chapter.”

2. 1977

   Juvenile Justice Amendments of 1977

   Pub. L. 95–115 § 8(a) · 91 Stat. 1048

   1. Substituted · 18 U.S.C. § 4351(b)

      Pub. L. 95–115 substituted “Associate” for “Deputy Assistant”

   2. Substituted · 18 U.S.C. § 4351(b)

      Pub. L. 95–115 substituted “Office of” for “National Institute for”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–115 substituted “Associate” for “Deputy Assistant” and “Office of” for “National Institute for”.

   Enacted provision · exact public law section
   (a) Section 4351(b) of title 18, United States Code, is amended by striking out “Deputy Assistant Administrator for the National Institute for” and inserting in lieu thereof “Associate Administrator for the Office of”.

3. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 title II § 223 · 98 Stat. 1837

   Substituted · 18 U.S.C. § 4351(b)

   Pub. L. 98–473 substituted “Sentencing Commission” for “Parole Board”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–473 substituted “Sentencing Commission” for “Parole Board”.

   Enacted provision · exact public law section
   Sec. 223. Title 18 of the United States Code is amended as follows: (a) Section 924(a) is amended by deleting “, and shall become eligible for parole as the Board of Parole shall determine”. (b) Section 1161 is amended by deleting “3618” and substituting “3669”. (c) Section 1761(a) is amended by adding “, supervised release,” after “parole”. (d) Section 2114 is amended by adding “not more than” after “imprisoned”. (e) Section 3006A is amended— (1) in subsections (a)(1) and (b), by deleting “misdemeanor (other than a petty offense as defined in section 1 of this title)” each place it appears and substituting “Class A misdemeanor”; and (2) in subsections (a)(3) and (g), deleting “subject to revocation of parole,” each place it appears. (f) Section 3143, as amended by this Act, is amended— (1) in subsection (a), by adding “other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment,” after “sentence,”; and (2) in subsection (c), by adding the following at the end thereof: “The judge shall treat a defendant in a case in which an appeal has been taken by the United States pursuant to the Ante, p. 2011. provisions of section 3742 in accordance with the provisions of— “(1) subsection (a) if the person has been sentenced to a term of imprisonment; or “(2) section 3142 if the person has not been sentenced to a term of imprisonment.”. (g) Section 3147, as amended by this Act, is amended— (1) in paragraph (1), by deleting “not less than two years and”; and (2) in paragraph (2), by deleting “not less than ninety days and”. (h) Section 3156(b)(2) is amended by deleting “petty offense as 18 USC 3156. defined in section 1(3) of this title” and substituting “Class B or C misdemeanor or an infraction”. (i) Section 3172(2) is amended by deleting “petty offense as defined 18 USC 3172. in section 1(3) of this title” and substituting “Class B or C misdemeanor or an infraction”. (j) Section 3401 is amended— 18 USC 3401. (1) by repealing subsection (g) and redesignating (h) to (g); and (2) in subsection (h), by deleting Ante, p. 1987. “petty offense case” and substituting “Class B or C misdemeanor case, or infraction case,”. (k) Section 3670 (formerly section 3619) is amended by deleting “3617” and “3618” and substituting “3668” and “3669”, respectively. (l) Section 4004 is amended by deleting “record clerks, and parole 18 USC 4004. officers” and substituting “and record clerks”. (m) Chapter 306 is amended as follows: (1) Section 4101 is amended— 18 USC 4101. (A) in subsection (f), by adding “, including a term of supervised release pursuant to section 3583” after “supervision”; and (B) in subsection (g), by deleting “to a penalty of imprisonment the execution of which is suspended and” and substituting “under which”, and by deleting “the suspended” and substituting “a”. (2) Section 4105(c) is amended— 18 USC 4105. (A) in paragraph (1), by deleting “for good time” the second place it appears and substituting “toward service of sentence for satisfactory behavior”; (B) in paragraphs (1) and (2), by deleting “section 4161” and substituting “section 3624(b)”; (C) in paragraph (1), by deleting “section 4164” and substituting “section 3624(a)”; (D) by repealing paragraph (3); (E) by amending paragraph (4) to read as follows: “(3) Credit toward service of sentence may be withheld as provided in section 3624(b) of this title.”; and (F) by redesignating paragraphs accordingly. (3) Section 4106 is amended— 18 USC 4106. (A) in subsection (a), by deleting “Parole Commission” and substituting “Probation System”; (B) by amending subsection (b) to read as follows: “(b) An offender transferred to the United States to serve a sentence of imprisonment shall be released pursuant to section 3624(a) of this title after serving the period of time Ante, p. 2008. specified in the applicable sentencing guideline promulgated pursuant to 28 U.S.C. 994(a)(1). He shall be released to serve a term of supervised release Ante, p. 2019. for any term specified in the applicable guideline. The provisions of section 3742 of this title apply to a sentence to a term of imprisonment Ante, p. 2011. under this subsection, and the United States court of appeals for the district in which the offender is imprisoned after transfer to the United States has jurisdiction to review the period of imprisonment as though it had been imposed by the United States district court.”; and (C) by repealing subsection (c). (4) Section 4108(a) is amended by adding “, including any term of imprisonment or term of supervised release specified in the applicable sentencing guideline promulgated pursuant to 28 Ante, p. 2019. U.S.C. 994(a)(1),” after “consequences thereof”. (n) Section 4321 is amended by deleting “parole or”. (o) Section 4351(b) is amended by deleting “Parole Board” and substituting “Sentencing Commission”. (p) Section 5002 is amended by deleting “Board of Parole, the Chairman of the Youth Division,” and substituting “United States Sentencing Commission,”.

   Effective date note
   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.

4. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330001(i) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 4351(b)

   Pub. L. 103–322 substituted “Director of the Bureau of Justice Assistance” for “Administrator of the Law Enforcement Assistance Administration”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–322 substituted “Director of the Bureau of Justice Assistance” for “Administrator of the Law Enforcement Assistance Administration”.

   Enacted provision · exact public law section
   (i) Conforming Amendment to Other Law.— Section 4351(b) of title 18, United States Code, is amended by striking “Administrator of the Law Enforcement Assistance Administration” and inserting “Director of the Bureau of Justice Assistance”.

5 of 5 references resolved to an enrolled provision