18 U.S.C. § 4351 — Establishment; Advisory Board; appoint-

Page 942 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4351 1 Section catchline editorially supplied. 2 See References in Text note below. Statutory Notes and Related Subsidiaries REPEALS Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139, cited as a credit in an amendment to this analysis, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152. § 4351. Establishment; Advisory Board; appoint- ment of members; compensation; officers; committees; delegation of powers; Director, appointment and powers 1 (a) There is hereby established within the Bu- reau of Prisons a National Institute of Correc- tions. (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 Fed- eral Bureau of Prisons or his designee, the Di- rector of the Bureau of Justice Assistance or his designee, Chairman of the United States Sen- tencing Commission or his designee, the Direc- tor of the Federal Judicial Center or his des- ignee, the Associate Administrator for the Of- fice of Juvenile Justice and Delinquency Preven- tion 2 or his designee, and the Assistant Sec- retary for Human Development of the Depart- ment 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 se- lected shall be qualified as a practitioner (Fed- eral, 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 expira- tion of each member’s term the Attorney Gen- eral 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 dem- onstrated 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 with- out additional compensation, but shall be reim- bursed for travel, subsistence, and other nec- essary 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 Com- mission pursuant to this title, be entitled to re- ceive 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, in- cluding traveltime, and while away from their homes or regular places of business may be al- lowed travel expenses, including per diem in lieu of subsistence equal to that authorized by sec- tion 5703 of title 5, United States Code, for per- sons in the Government service employed inter- mittently. (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 Insti- tute 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 In- stitute or attending meetings of the commit- tees, 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 reg- ular places of business may be allowed travel ex- penses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons in the Govern- ment 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 super- vision 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 organiza- tion, 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 classi- fication laws, as are necessary to the func- tioning 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 ap- point 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. (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.) Editorial Notes REFERENCES IN TEXT The Office of Juvenile Justice and Delinquency Pre- vention, referred to in subsec. (b), as originally created by section 11111 of Title 34, Crime Control and Law En- forcement, was headed by an Associate Administrator. Page 943 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4352 1 Section catchline editorially supplied. However, section 11111 of Title 34, as amended by Pub. L. 98–473, establishes the Office of Juvenile Justice and Delinquency Prevention, headed by an Administrator. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘Direc- tor of the Bureau of Justice Assistance’’ for ‘‘Adminis- trator of the Law Enforcement Assistance Administra- tion’’. 1984—Subsec. (b). Pub. L. 98–473 substituted ‘‘Sen- tencing Commission’’ for ‘‘Parole Board’’. 1977—Subsec. (b). Pub. L. 95–115 substituted ‘‘Asso- ciate’’ for ‘‘Deputy Assistant’’ and ‘‘Office of’’ for ‘‘Na- tional Institute for’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of Health, Education, and Welfare redes- ignated Department of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Edu- cation. 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, formerly set out as a note under section 11101 of Title 34, Crime Control and Law Enforcement. REPEALS Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1139, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) through (6) of Title 34, Crime Control and Law Enforcement, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of Title 34. 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 Organi- zation and Employees, see section 529 [title I, § 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 ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, 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 estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of 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. § 4352. Authority of Institute; time; records of re- cipients; access; scope of section 1 (a) In addition to the other powers, express and implied, the National Institute of Correc- tions shall have authority— (1) to receive from or make grants to and enter into contracts with Federal, State, trib- al, and general units of local government, pub- lic and private agencies, educational institu- tions, organizations, and individuals to carry out the purposes of this chapter; (2) to serve as a clearinghouse and informa- tion 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 capac- ity to Federal, State, tribal, 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, tribal, 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 geo- graphical locations, seminars, workshops, and training programs for law enforcement offi- cers, judges, and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons, including lay ex-offenders, and paraprofessional per- sonnel, connected with the treatment and re- habilitation of criminal and juvenile offend- ers; (6) to develop technical training teams to aid in the development of seminars, work- shops, and training programs within the sev- eral States and tribal communities, and with the State, tribal, and local agencies which work with prisoners, parolees, probationers, and other offenders; (7) to conduct, encourage, and coordinate re- search relating to corrections, including the causes, prevention, diagnosis, and treatment of criminal offenders; (8) to formulate and disseminate correc- tional policy, goals, standards, and rec- ommendations for Federal, State, tribal, and local correctional agencies, organizations, in- stitutions, 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 re- ports, and other material as the Institute deems necessary to carry out its functions.