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Title 42 — The Public Health and Welfare

Chapter 113 — State Justice Institute

§ 10704. Officers and employees

Statutory text

(a)

Duties of Director; appointment and removal of employees; political tests or qualifications prohibited

(1)

The Director, subject to general policies established by the Board, shall supervise the activities of persons employed by the Institute and may appoint and remove such employees as he determines necessary to carry out the purposes of the Institute. The Director shall be responsible for the executive and administrative operations of the Institute, and shall perform such duties as are delegated to such Director by the Board and the Institute.

(2)

No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this chapter.

(b)

Compensation

Officers and employees of the Institute shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5.

(c)

Status of Institute as department, agency, or instrumentality of Federal Government; authority of Office of Management and Budget

(1)

Except as otherwise specifically provided in this chapter, the Institute shall not be considered a department, agency, or instrumentality of the Federal Government.

(2)

This chapter does not limit the authority of the Office of Management and Budget to review and submit comments upon the Institute’s annual budget request at the time it is transmitted to the Congress.

(3)

The Institute may purchase goods and services from the General Services Administration in order to carry out its functions.

(d)

Status of officers and employees of Institute as officers and employees of United States

(1)

Except as provided in paragraph (2), officers and employees of the Institute shall not be considered officers or employees of the United States.

(2)

Officers and employees of the Institute shall be considered officers and employees of the United States solely for the purposes of the following provisions of title 5: Subchapter I of chapter 81 (relating to compensation for work injuries); chapters 83 and 84 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance), notwithstanding section 8914 of such title. The Institute shall make contributions under the provisions referred to in this subsection at the same rates applicable to agencies of the Federal Government.

(e)

Freedom of information requirements

The Institute and its officers and employees shall be subject to the provisions of section 552 of title 5 relating to freedom of information.

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. State Justice Institute Act of 1984

    Pub. L. 98–620 title II § 205 · 98 Stat. 3335

    Enacted · 42 U.S.C. § 10704

    Pub. L. 98–620, title II, § 205, Nov. 8, 1984, 98 Stat. 3339

    Source evidence

    Code source credit
    Pub. L. 98–620, title II, § 205, Nov. 8, 1984, 98 Stat. 3339

    Enacted provision · exact public law section
    Sec. 205. officers and employees (a) (1) The Director, subject to general policies established 42 USC 10704. by the Board, shall supervise the activities of persons employed by the Institute and may appoint and remove such employees as he determines necessary to carry out the purposes of the Institute. The Director shall be responsible for the executive and administrative operations of the Institute, and shall perform such duties as are delegated to such Director by the Board and the Institute. (2) No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this title. (b) Officers and employees of the Institute shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code. (c) (1) Except as otherwise specifically provided in this title, the Institute shall not be considered a department, agency, or instrumentality of the Federal Government. (2) This title does not limit the authority of the Office of Management and Budget to review and submit comments upon the Institute’s annual budget request at the time it is transmitted to the Congress. (d) (1) Except as provided in paragraph (2), officers and employees of the Institute shall not be considered officers or employees of the United States. (2) Officers and employees of the Institute shall be considered officers and employees of the United States solely for the purposes of the following provisions of title 5, United States Code: Subchapter 1 of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health 5 USC 8101, 8301 et seq., 8701 et seq., 8901 et seq. insurance). The Institute shall make contributions under the provisions referred to in this subsection at the same rates applicable to agencies of the Federal Government. (e) The Institute and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code, relating to freedom of information.

  2. National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

    Pub. L. 100–690 title VII § 7321(b)(2) · 102 Stat. 4181

    1. Amended · 42 U.S.C. § 10704(d)(2)

      Pub. L. 100–690 and Pub. L. 100–702 amended par. (2) identically

    2. Substituted · 42 U.S.C. § 10704(d)(2)

      Pub. L. 100–690 and Pub. L. 100–702 substituting “chapters 83 and 84” for “chapter 83”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 100–690 and Pub. L. 100–702 amended par. (2) identically, substituting “chapters 83 and 84” for “chapter 83”.

    Enacted provision · exact public law section
    (2) Section 205(d)(2) of the State Justice Institute Act of 1984 is amended by striking out “chapter 83” and inserting in lieu thereof “chapters 83 and 84”.

  3. State Justice Institute Reauthorization Act of 2004

    Pub. L. 108–372 § 3(a) · 118 Stat. 1754

    Added · 42 U.S.C. § 10704(c)(3)

    Pub. L. 108–372, § 3(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 108–372, § 3(a), added par. (3).

    Enacted provision · exact public law section
    (a) Status of Institute.— Section 205(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10704(c)) is amended by adding at the end the following new paragraph: “(3) The Institute may purchase goods and services from the General Services Administration in order to carry out its functions.” .

  4. State Justice Institute Reauthorization Act of 2004

    Pub. L. 108–372 § 3(b) · 118 Stat. 1754

    Inserted · 42 U.S.C. § 10704(d)(2)

    Pub. L. 108–372, § 3(b), inserted “, notwithstanding section 8914 of such title” after “(relating to health insurance)”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 108–372, § 3(b), inserted “, notwithstanding section 8914 of such title” after “(relating to health insurance)”.

    Enacted provision · exact public law section
    (b) Status as Officers and Employees of the United States.— Section 205(d)(2) of the State Justice Institute Act of 1984 (42 U.S.C. 10704(d)(2)) is amended by inserting “, notwithstanding section 8914 of such title” after “(relating to health insurance)”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (c)(1), (2), was in the original “this title”, meaning title II of Pub. L. 98–620, , 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.

Amendments1988–2004 · 2 rounds

2004

Subsec. (c)(3). Pub. L. 108–372, § 3(a), added par. (3).

Subsec. (d)(2). Pub. L. 108–372, § 3(b), inserted “, notwithstanding section 8914 of such title” after “(relating to health insurance)”.

1988

Subsec. (d)(2). Pub. L. 100–690 and Pub. L. 100–702 amended par. (2) identically, substituting “chapters 83 and 84” for “chapter 83”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title.

Credits

1984–2004 · 4 acts
  1. 1984Pub. L. 98–620, title II, § 205, , 98 Stat. 3339
  2. 1988Pub. L. 100–690, title VII, § 7321(b)(2), , 102 Stat. 4466
  3. 1988Pub. L. 100–702, title VI, § 602, , 102 Stat. 4653
  4. 2004Pub. L. 108–372, § 3(a), (b), , 118 Stat. 1754.
Show as published

(Pub. L. 98–620, title II, § 205, , 98 Stat. 3339; Pub. L. 100–690, title VII, § 7321(b)(2), , 102 Stat. 4466; Pub. L. 100–702, title VI, § 602, , 102 Stat. 4653; Pub. L. 108–372, § 3(a), (b), , 118 Stat. 1754.)

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