34 U.S.C. § 10225 — Subpoena power; employment of hearing

Page 66 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10224 Another section 803 of Pub. L. 90–351, title III, June 19, 1968, 82 Stat. 223, amended section 605 of Title 47, Telecommunications. PRIOR PROVISIONS A prior section 803 of Pub. L. 90–351 was renumbered section 802 and is classified to section 10222 of this title. AMENDMENTS 2006—Pub. L. 109–162 struck out ‘‘, after reasonable notice and opportunity for a hearing,’’ after ‘‘conclu- sions shall’’ and ‘‘, except as otherwise provided here- in’’ before period at end. 1984—Pub. L. 98–473, § 609B(c), substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Law Enforcement Assistance Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(c) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. § 10224. Delegation of functions The Attorney General, the Assistant Attorney General, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, the Administrator of the Office of Ju- venile Justice and Delinquency Prevention, and the Director of the Bureau of Justice Assistance may delegate to any of their respective officers or employees such functions under this chapter as they deem appropriate. (Pub. L. 90–351, title I, § 805, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2093.) Editorial Notes CODIFICATION Section was formerly classified to section 3786 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 805 of Pub. L. 90–351 was renumbered section 804 and was classified to section 3785 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 109–162. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title. 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) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10225. Subpoena power; employment of hearing officers; authority to hold hearings 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 exam- iners (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 pre- scribed therein), but shall, in no event, be under- stood 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 Gen- eral, the Bureau of Justice Assistance, the Na- tional 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 dis- cretion, 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 examina- tions, and receive evidence at any place in the United States they respectively may designate. (Pub. L. 90–351, title I, § 806, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2094; amended Pub. L. 117–61, § 7, Nov. 18, 2021, 135 Stat. 1479; Pub. L. 117–172, § 4(a), Aug. 16, 2022, 136 Stat. 2101.) Editorial Notes CODIFICATION Section was formerly classified to section 3787 of Title 42, The Public Health and Welfare, prior to edi- torial 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. AMENDMENTS 2022—Pub. L. 117–172, § 4(a)(2), in second sentence, sub- stituted ‘‘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 respec- tive 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, sub- stituted ‘‘The Assistant Attorney General, the Bureau of Justice Assistance’’ for ‘‘The Attorney General, the Bureau of Justice Assistance’’, ‘‘title 18 (without re- gard 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 des- ignated’’. Page 67 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10226 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 Gen- eral, the’’ before ‘‘Bureau of Justice Assistance’’ and ‘‘conduct examinations’’ after ‘‘examine witnesses,’’ and substituted ‘‘may appoint (to be assigned or em- ployed 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 sec- tion 202 of title 18)’’ for ‘‘may appoint’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bu- reau 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. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title. § 10226. Personnel and administrative authority (a) Officers and employees of certain Federal agencies; employment; compensation The Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Direc- tor of the Institute, and the Director of the Bu- reau of Justice Statistics are authorized to se- lect, appoint, employ, and fix compensation of such officers and employees as shall be nec- essary to carry out the powers and duties of the Office, the Bureau of Justice Assistance, the Na- tional Institute of Justice, and the Bureau of Justice Statistics, respectively, under this chap- ter. (b) Use of available services; reimbursement The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bu- reau of Justice Statistics are authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and fa- cilities of Federal, State, and local agencies to the extent deemed appropriate after giving due consideration to the effectiveness of such exist- ing services, equipment, personnel, and facili- ties. (c) Other Federal agency performance of func- tions under this chapter; reimbursement The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bu- reau of Justice Statistics may arrange with and reimburse the heads of other Federal depart- ments and agencies for the performance of any of the functions under this chapter. (d) Experts and consultants; compensation The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bu- reau of Justice Statistics may procure the serv- ices of experts and consultants in accordance with section 3109 of title 5, relating to appoint- ments in the Federal service, at rates of com- pensation for individuals not to exceed the daily equivalent of the rate of pay payable from time to time for GS–18 of the General Schedule under section 5332 of title 5. (e) Advisory committees; compensation and trav- el expenses of committee members The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bu- reau of Justice Statistics are authorized to ap- point, without regard to the provisions of title 5, advisory committees to advise them with re- spect to the administration of this chapter as they deem necessary. Such committees shall be subject to chapter 10 of title 5. Members of such committees not otherwise in the employ of the United States, while engaged in advising or at- tending meetings of such committees, shall be compensated at rates to be fixed by the Office but not to exceed the daily equivalent of the rate of pay payable from time to time for GS–18 of the General Schedule under section 5332 of title 5, and while away from home or regular place of business they may be allowed travel ex- penses, including per diem in lieu of subsistence, in the same manner as authorized by section 5703 of such title 5 for persons in the Govern- ment service employed intermittently. (f) Payments; installments; advances or reim- bursement; transportation and subsistence expenses for attendance at conferences or other assemblages Payments under this chapter may be made in installments, and in advance or by way of reim- bursement, as may be determined by the Office, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, and may be used to pay the transpor- tation and subsistence expenses of persons at- tending conferences or other assemblages not- withstanding section 1345 of title 31. (g) Voluntary services; status as Federal employ- ees; exceptions The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bu- reau of Justice Statistics are authorized to ac- cept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding section 1342 of title 31. Such individuals shall not be considered Federal employees except for purposes of chapter 81 of title 5 with respect to job-incurred disability and title 28 with respect to tort claims. (Pub. L. 90–351, title I, § 807, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2094; amended Pub. L. 117–286, § 4(a)(210), Dec. 27, 2022, 136 Stat. 4329.) Editorial Notes CODIFICATION Section was formerly classified to section 3788 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 807 of Pub. L. 90–351 was classified to section 3787 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. Provisions similar to subsecs. (b), (c), (d) to (f), and (g) of this section were contained in sections 3789,