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Title 34 — Crime Control and Law Enforcement

Chapter 101 — Justice System Improvement

§ 10225. Subpoena power; employment of hearing officers; authority to hold hearings

Statutory text

The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated, be understood to be comprised within the meaning of “special government employee” under section 202 of title 18 (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States) or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to section 3344 of title 5, as shall be necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office. The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics or upon authorization, any member thereof, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any hearing examiner or administrative law judge assigned to or employed thereby, shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, conduct examinations, and receive evidence at any place in the United States they respectively may designate.

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. Omnibus Crime Control and Safe Streets Act of 1968

    Pub. L. 90–351 title I § 806 · 82 Stat. 197

    Enacted · 34 U.S.C. § 10225

    Pub. L. 90–351, title I, § 806, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2094

    Source evidence

    Code source credit
    Pub. L. 90–351, title I, § 806, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2094

  2. Protecting America’s First Responders Act of 2021

    Pub. L. 117–61 § 7(3) · 135 Stat. 1474

    Substituted · 34 U.S.C. § 10225

    Pub. L. 117–61, § 7(3), which directed amendment of par. (3) by substituting “or other law. The Attorney General, the” for “under this chapter. The”, could not be executed because the words “this chapter” did not appear in the original text

    Source evidence

    Code amendment note
    Pub. L. 117–61, § 7(3), which directed amendment of par. (3) by substituting “or other law. The Attorney General, the” for “under this chapter. The”, could not be executed because the words “this chapter” did not appear in the original text.

    Enacted provision · exact public law section
    (3) by striking “under this chapter. The” and inserting “or other law. The Attorney General, the”; and

    Effective date note
    Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.

  3. Protecting America’s First Responders Act of 2021

    Pub. L. 117–61 § 7(1) · 135 Stat. 1474

    1. Inserted · 34 U.S.C. § 10225

      Pub. L. 117–61, § 7(1), (2), (4), inserted “Attorney General, the” before “Bureau of Justice Assistance” and “conduct examinations” after “examine witnesses,”

    2. Substituted · 34 U.S.C. § 10225

      Pub. L. 117–61, § 7(1), (2), (4), substituted “may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated by the Attorney General, be understood to be comprised within the meaning of ‘special government employee’ under section 202 of title 18)” for “may appoint”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–61, § 7(1), (2), (4), inserted “Attorney General, the” before “Bureau of Justice Assistance” and “conduct examinations” after “examine witnesses,” and substituted “may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated by the Attorney General, be understood to be comprised within the meaning of ‘special government employee’ under section 202 of title 18)” for “may appoint”.

    Enacted provision · exact public law section
    (1) by inserting “Attorney General, the” before the “Bureau of Justice Assistance”;

    Effective date note
    Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.

  4. Public Safety Officer Support Act of 2022

    Pub. L. 117–172 § 4(a)(2) · 136 Stat. 2098

    1. Substituted · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(2), in second sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance”

    2. Substituted · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(2), in second sentence, substituted “, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any” for “or any”

    3. Inserted · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(2), in second sentence, inserted comma after “thereby” and after “examinations”

    Source evidence

    Code amendment note
    Pub. L. 117–172, § 4(a)(2), in second sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance” and “, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any” for “or any” and inserted comma after “thereby” and after “examinations”.

    Enacted provision · exact public law section
    (2) in the second sentence— (A) by striking “The” and all that follows through “Assistance” and inserting “The Assistant Attorney General, the Bureau of Justice Assistance”; (B) by striking “or any” and inserting “, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any”; (C) by inserting a comma after “thereby”; and (D) by striking “examinations and” and inserting “examinations, and”.

  5. Public Safety Officer Support Act of 2022

    Pub. L. 117–172 § 4(a)(1)(E) · 136 Stat. 2098

    Substituted · 34 U.S.C. § 10225

    Pub. L. 117–172, § 4(a)(1)(E), substituted “necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office” for “necessary to carry out their respective powers and duties under this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–172, § 4(a)(1)(E), substituted “necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office” for “necessary to carry out their respective powers and duties under this title”.

    Enacted provision · exact public law section
    (E) by striking “necessary to carry out their respective powers and duties under this title” and inserting the following: “necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office”; and

  6. Public Safety Officer Support Act of 2022

    Pub. L. 117–172 § 4(a)(1)(A) · 136 Stat. 2098

    1. Substituted · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance”

    2. Substituted · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “title 18 (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States)” for “title 18)”

    3. Substituted · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “or administrative law judges” for “such hearing examiners or administrative law judges”

    4. Struck · 34 U.S.C. § 10225

      Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, struck out “by the Attorney General” after “if so designated”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance”, “title 18 (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States)” for “title 18)”, and “or administrative law judges” for “such hearing examiners or administrative law judges” and struck out “by the Attorney General” after “if so designated”.

    Enacted provision · exact public law section
    (A) by striking “The” and all that follows through “Assistance” and inserting “The Assistant Attorney General, the Bureau of Justice Assistance”;

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Section was formerly classified to section 3787 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 806 of Pub. L. 90–351 was classified to section 3786 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473.

Provisions similar to this section were contained in part in section 3788 of Title 42, The Public Health and Welfare, prior to repeal of such section by section 609B(e) of Pub. L. 98–473.

Amendments2021–2022 · 2 rounds

2022

Pub. L. 117–172, § 4(a)(2), in second sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance” and “, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any” for “or any” and inserted comma after “thereby” and after “examinations”.

Pub. L. 117–172, § 4(a)(1)(E), substituted “necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office” for “necessary to carry out their respective powers and duties under this title”.

Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance”, “title 18 (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States)” for “title 18)”, and “or administrative law judges” for “such hearing examiners or administrative law judges” and struck out “by the Attorney General” after “if so designated”.

2021

Pub. L. 117–61, § 7(3), which directed amendment of par. (3) by substituting “or other law. The Attorney General, the” for “under this chapter. The”, could not be executed because the words “this chapter” did not appear in the original text.

Pub. L. 117–61, § 7(1), (2), (4), inserted “Attorney General, the” before “Bureau of Justice Assistance” and “conduct examinations” after “examine witnesses,” and substituted “may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated by the Attorney General, be understood to be comprised within the meaning of ‘special government employee’ under section 202 of title 18)” for “may appoint”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–61 effective , and applicable to any matter pending, before the Bureau or otherwise, on , or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.

Effective Date

Section effective , see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title.

Credits

1984–2022 · 3 acts
  1. 1984Pub. L. 90–351, title I, § 806, as added Pub. L. 98–473, title II, § 609B(g), , 98 Stat. 2094
  2. 2021amended Pub. L. 117–61, § 7, , 135 Stat. 1479
  3. 2022Pub. L. 117–172, § 4(a), , 136 Stat. 2101.
Show as published

(Pub. L. 90–351, title I, § 806, as added Pub. L. 98–473, title II, § 609B(g), , 98 Stat. 2094; amended Pub. L. 117–61, § 7, , 135 Stat. 1479; Pub. L. 117–172, § 4(a), , 136 Stat. 2101.)

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