
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3788]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
               SUBCHAPTER VIII--ADMINISTRATIVE PROVISIONS
 
Sec. 3788. 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 Director of the Institute, and the Director of 
the Bureau of Justice Statistics are authorized to select, appoint, 
employ, and fix compensation of such officers and employees as shall be 
necessary to carry out the powers and duties of the Office, the Bureau 
of Justice Assistance, the National Institute of Justice, and the Bureau 
of Justice Statistics, respectively, under this chapter.

(b) Use of available services; reimbursement

    The Office, the Bureau of Justice Assistance, the National Institute 
of Justice, and the Bureau of Justice Statistics are authorized, on a 
reimbursable basis when appropriate, to use the available services, 
equipment, personnel, and facilities of Federal, State, and local 
agencies to the extent deemed appropriate after giving due consideration 
to the effectiveness of such existing services, equipment, personnel, 
and facilities.

(c) Other Federal agency performance of functions under this chapter; 
        reimbursement

    The Office, the Bureau of Justice Assistance, the National Institute 
of Justice, and the Bureau of Justice Statistics may arrange with and 
reimburse the heads of other Federal departments 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 Bureau of Justice Statistics may procure the 
services of experts and consultants in accordance with section 3109 of 
title 5, relating to appointments in the Federal service, at rates of 
compensation 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 travel expenses of committee 
        members

    The Office, the Bureau of Justice Assistance, the National Institute 
of Justice, and the Bureau of Justice Statistics are authorized to 
appoint, without regard to the provisions of title 5, advisory 
committees to advise them with respect to the administration of this 
chapter as they deem necessary. Such committees shall be subject to the 
Federal Advisory Committee Act (5 U.S.C. App.). Members of such 
committees not otherwise in the employ of the United States, while 
engaged in advising or attending 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 
expenses, including per diem in lieu of subsistence, in the same manner 
as authorized by section 5703 of such title 5 for persons in the 
Government service employed intermittently.

(f) Payments; installments; advances or reimbursement; 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 reimbursement, 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 
transportation and subsistence expenses of persons attending conferences 
or other assemblages notwithstanding section 1345 of title 31.

(g) Voluntary services; status as Federal employees; exceptions

    The Office, the Bureau of Justice Assistance, the National Institute 
of Justice, and the Bureau of Justice Statistics are authorized to 
accept 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, Sec. 807, as added Pub. L. 98-473, title II, 
Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2094.)

                       References in Text

    Provisions of title 5 relating to appointments, referred to in 
subsec. (c), are classified to section 3301 et seq. of Title 5, 
Government Organization and Employees.
    The Federal Advisory Committee Act, referred to in subsec. (e), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5.
    The tort claim provisions of title 28, referred to in subsec. (g), 
are the provisions of the Federal Tort Claims Act, which is classified 
generally to section 1346(b) and to chapter 171 (Sec. 2671 et seq.) of 
Title 28, Judiciary and Judicial Procedure.


                            Prior Provisions

    A prior section 3788, Pub. L. 90-351, title I, Sec. 810, as added 
Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained in part 
provisions similar to subsec. (a) of this section, prior to repeal by 
section 609B(e) of Pub. L. 98-473.
    A prior section 807 of Pub. L. 90-351 was classified to section 3787 
of this title 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, 3789b(a), 3789c(a) to (c), and 
3789h of this title, respectively, prior to repeal by section 609B(e) of 
Pub. L. 98-473.


                             Effective Date

    Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-
473, set out as a note under section 3711 of this title.

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, 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 this title.


         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.
