34 U.S.C. § 10225 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 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 examiners (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 prescribed therein), but shall, in no event, be understood 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 General, the Bureau of Justice Assistance, the National 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 discretion, 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 examinations, 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 3787 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 2022—Pub. L. 117–172, § 4(a)(2), in second sentence, substituted “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), which directed amendment of first sentence by substituting “necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office” for “necessary to carry out their respective powers and duties under this chapter”, was executed by making the substitution for “necessary to carry out their respective powers and duties or other law”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 117–61. See 2021 Amendment note below.
Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, substituted “The Assistant Attorney General, the Bureau of Justice Assistance” for “The Attorney General, the Bureau of Justice Assistance”, “title 18 (without regard 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 designated”.
2021—Pub. L. 117–61 inserted “Attorney General, the” before “Bureau of Justice Assistance” and “conduct examinations” after “examine witnesses,” and substituted “may appoint (to be assigned or employed 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 section 202 of title 18)” for “may appoint” and “or other law. The Attorney General, the” for “under this chapter. The”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau 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.
heading: Effective Date
text: 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.