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18 USC CHAPTER 319 - NATIONAL INSTITUTE OF CORRECTIONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 319 - NATIONAL INSTITUTE OF CORRECTIONS

.

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CHAPTER 319 - NATIONAL INSTITUTE OF CORRECTIONS

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Sec.

4351. Establishment; Advisory Board; appointment of members;

compensation; officers; committees; delegation of powers;

Director, appointment and powers. (FOOTNOTE 1)

(FOOTNOTE 1) Editorially supplied. Sections 4351 and 4352 added

by Pub. L. 93-415 without corresponding enactment of chapter

analysis.

4352. Authority of Institute; time; records of recipients; access;

scope of section. (FOOTNOTE 1)

AMENDMENTS

1974 - Pub. L. 93-415, title V, Sec. 521, Sept. 7, 1974, 88 Stat.

1139, added chapter heading.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 3769a.

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18 USC Sec. 4351 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 319 - NATIONAL INSTITUTE OF CORRECTIONS

-HEAD-

Sec. 4351. Establishment; Advisory Board; appointment of members;

compensation; officers; committees; delegation of powers;

Director, appointment and powers (FOOTNOTE 1)

-STATUTE-

(FOOTNOTE 1) Section catchline editorially supplied.

(a) There is hereby established within the Bureau of 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 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 (FOOTNOTE 2) or his designee,

and the Assistant Secretary for Human Development of the Department

of Health, Education, and Welfare or his designee.

(FOOTNOTE 2) See References in Text note below.

(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, 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.

(e) 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.

(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 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.

(g) The Board is authorized to delegate its powers under this

title to such persons as it deems appropriate.

(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.

-SOURCE-

(Added Pub. L. 93-415, title V, Sec. 521, Sept. 7, 1974, 88 Stat.

1139; amended Pub. L. 95-115, Sec. 8(a), Oct. 3, 1977, 91 Stat.

1060; Pub. L. 98-473, title II, Sec. 223(o), Oct. 12, 1984, 98

Stat. 2030; Pub. L. 103-322, title XXXIII, Sec. 330001(i), Sept.

13, 1994, 108 Stat. 2140.)

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REFERENCES IN TEXT

The Office of Juvenile Justice and Delinquency Prevention,

referred to in subsec. (b), was created by section 5611 of Title

42, The Public Health and Welfare, headed by an Associate

Administrator. However, section 5611 of Title 42, as amended by

Pub. L. 98-473, establishes the Office of Juvenile Justice and

Delinquency Prevention and headed by an Administrator.

The civil service laws, referred to in subsecs. (f) and (h), are

set forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (h), are

classified generally to chapter 51 and subchapter III of chapter 53

of Title 5.

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AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''Director of the

Bureau of Justice Assistance'' for ''Administrator of the Law

Enforcement Assistance Administration''.

1984 - Subsec. (b). Pub. L. 98-473 substituted ''Sentencing

Commission'' for ''Parole Board''.

1977 - Subsec. (b). Pub. L. 95-115 substituted ''Associate'' for

''Deputy Assistant'' and ''Office of'' for ''National Institute

for''.

-CHANGE-

CHANGE OF NAME

Department of Health, Education, and Welfare redesignated

Department of Health and Human Services by Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to

section 3508(b) of Title 20, Education.

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EFFECTIVE DATE OF 1984 AMENDMENT

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.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of Title 42, The Public Health and Welfare.

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TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

through (6) of Title 42, The Public Health and Welfare, transferred

to Assistant Attorney General for Office of Justice Programs, see

section 1000(a)(1) (title I, Sec. 108(b)) of Pub. L. 106-113, set

out as a note under section 3741 of Title 42.

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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.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

EXCEPTIONS TO MEMBERSHIP REQUIREMENTS DURING FIVE-YEAR PERIOD

For exceptions to the membership requirements set forth in this

section, which exceptions are applicable for five-year period

following Nov. 1, 1987, see section 235(b)(5) of Pub. L. 98-473,

set out as an Effective Date note under section 3551 of this title.

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18 USC Sec. 4352 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 319 - NATIONAL INSTITUTE OF CORRECTIONS

-HEAD-

Sec. 4352. Authority of Institute; time; records of recipients;

access; scope of section (FOOTNOTE 1)

-STATUTE-

(FOOTNOTE 1) Section catchline editorially supplied.

(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.

-SOURCE-

(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.)

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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.''

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18 USC Sec. 4353 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 319 - NATIONAL INSTITUTE OF CORRECTIONS

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(Sec. 4353. Repealed. Pub. L. 107-273, div. A, title III, Sec.

301(a), Nov. 2, 2002, 116 Stat. 1780)

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Section, added Pub. L. 93-415, title V, Sec. 521, Sept. 7, 1974,

88 Stat. 1141, authorized appropriations to carry out purposes of

this chapter.

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18 USC PART IV - CORRECTION OF YOUTHFUL OFFENDERS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

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PART IV - CORRECTION OF YOUTHFUL OFFENDERS

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Chap. Sec.

401. General provisions 5001

402. Repealed

403. Juvenile delinquency 5031

AMENDMENTS

1984 - Pub. L. 98-473, title II, Sec. 218(g), Oct. 12, 1984, 98

Stat. 2027, in item for chapter 402 substituted ''Repealed'' for

''Federal Youth Corrections Act''.

1950 - Act Sept. 30, 1950, ch. 1115, Sec. 5(a), 64 Stat. 1090,

added item for chapter 402.

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