§ 3672. — Duties of Director of Administrative Office of the United States Courts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3672]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
Sec. 3672. Duties of Director of Administrative Office of the
United States Courts
The Director of the Administrative Office of the United States
Courts, or his authorized agent, shall investigate the work of the
probation officers and make recommendations concerning the same to the
respective judges and shall have access to the records of all probation
officers.
He shall collect for publication statistical and other information
concerning the work of the probation officers.
He shall prescribe record forms and statistics to be kept by the
probation officers and shall formulate general rules for the proper
conduct of the probation work.
He shall endeavor by all suitable means to promote the efficient
administration of the probation system and the enforcement of the
probation laws in all United States courts.
He shall, under the supervision and direction of the Judicial
Conference of the United States, fix the salaries of probation officers
and shall provide for their necessary expenses including clerical
service and travel expenses.
He shall incorporate in his annual report a statement concerning the
operation of the probation system in such courts.
He shall have the authority to contract with any appropriate public
or private agency or person for the detection of and care in the
community of an offender who is an alcohol-dependent person, an addict
or a drug-dependent person, or a person suffering from a psychiatric
disorder within the meaning of section 2 of the Public Health Service
Act. This authority shall include the authority to provide equipment and
supplies; testing; medical, educational, social, psychological and
vocational services; corrective and preventative guidance and training;
and other rehabilitative services designed to protect the public and
benefit the alcohol-dependent person, addict or drug-dependent person,
or a person suffering from a psychiatric disorder by eliminating his
dependence on alcohol or addicting drugs, by controlling his dependence
and his susceptibility to addiction, or by treating his psychiatric
disorder. He may negotiate and award such contracts without regard to
section 3709 of the Revised Statutes of the United States.
He shall pay for presentence studies and reports by qualified
consultants and presentence examinations and reports by psychiatric or
psychological examiners ordered by the court under subsection (b) or (c)
of section 3552, except for studies conducted by the Bureau of Prisons.
Whenever the court finds that funds are available for payment by or
on behalf of a person furnished such services, training, or guidance,
the court may direct that such funds be paid to the Director. Any moneys
collected under this paragraph shall be used to reimburse the
appropriations obligated and disbursed in payment for such services,
training, or guidance.
(June 25, 1948, ch. 645, 62 Stat. 843, Sec. 3656; May 24, 1949, ch. 139,
Sec. 57, 63 Stat. 97; renumbered Sec. 3672, Pub. L. 98-473, title II,
Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987; Pub. L. 99-570, title I,
Sec. 1861(b)(1), Oct. 27, 1986, 100 Stat. 3207-53; Pub. L. 99-646,
Sec. 18(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 100-182, Sec. 20,
Dec. 7, 1987, 101 Stat. 1270.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 728 (Mar. 4, 1925, ch.
521, Sec. 4(a), as added June 6, 1930, ch. 406, Sec. 2, 46 Stat. 503).
The only change made in this section was the substitution of the
``Director of the Administrative Office of the United States Courts''
for ``Attorney General''. (See reviser's note under section 3654 of this
title.)
1949 Act
This amendment [see section 57] conforms the language of section
3656 of title 18, U.S.C., to that of title 28, U.S.C., section 604(a).
References in Text
Section 2 of the Public Health Service Act, referred to in the
seventh undesignated par., is classified to section 201 of Title 42, The
Public Health and Welfare.
Section 3709 of the Revised Statutes, referred to in the seventh
undesignated par., is classified to section 5 of Title 41, Public
Contracts.
Amendments
1987--Pub. L. 100-182, Sec. 20(1), amended seventh undesignated par.
generally. Prior to amendment, seventh undesignated par. read as
follows: ``He shall have the authority to contract with any appropriate
public or private agency or person for the detection of and care in the
community of an offender who is an alcohol-dependent person, or an
addict or a drug-dependent person within the meaning of section 2 of the
Public Health Service Act (42 U.S.C. 201). This authority shall include
the authority to provide equipment and supplies; testing; medical,
educational, social, psychological, and vocational services; corrective
and preventive guidance and training; and other rehabilitative services
designed to protect the public and benefit the alcohol-dependent person,
addict, or drug-dependent person by eliminating his dependence on
alcohol or addicting drugs, or by controlling his dependence and his
susceptibility to addiction. He may negotiate and award such contracts
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).''
Pub. L. 100-182, Sec. 20(2), added ninth undesignated par.:
``Whenever the court finds that funds are available for payment by or on
behalf of a person furnished such services, training, or guidance, the
court may direct that such funds be paid to the Director. Any moneys
collected under this paragraph shall be used to reimburse the
appropriations obligated and disbursed in payment for such services,
training, or guidance.''
1986--Pub. L. 99-570 and Pub. L. 99-646 added substantially
identical seventh and eighth undesignated pars. containing provision
relating to authority to contract with any appropriate public or private
agency or person for the detection of and care in the community of an
offender who is an alcohol-dependent person, an addict, or a drug-
dependent person and provision relating to payment for presentence
studies and reports by qualified consultants and presentence
examinations and reports by psychiatric and psychological examiners
ordered by the court under section 3552(b) or (c).
1949--Act May 24, 1949, inserted in fifth par. of section ``and
direction'' after ``supervision''.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set out
as a note under section 3006A of this title.
Effective Date of 1986 Amendments
Section 18(b) of Pub. L. 99-646 provided that: ``The amendment made
by this section [amending this section] shall take effect on the date of
the taking effect of such redesignation [section 3656 of this title
renumbered section 3672 effective Nov. 1, 1987].''
Section 1861(b)(2) of Pub. L. 99-570 provided that: ``The amendment
made by this section [probably should be ``subsection'', amending this
section] shall take effect on the date of the taking effect of such
redesignation [section 3656 of this title renumbered section 3672
effective Nov. 1, 1987].''
Authorization of Appropriations
Section 4(a) of Pub. L. 95-537, as amended by Pub. L. 98-236,
Sec. 2, Mar. 20, 1984, 98 Stat. 66; Pub. L. 99-570, title I,
Sec. 1861(d), Oct. 27, 1986, 100 Stat. 3207-53; Pub. L. 100-690, title
VI, Sec. 6291, Nov. 18, 1988, 102 Stat. 4369; Pub. L. 101-421, Sec. 2,
Oct. 12, 1990, 104 Stat. 909, provided that: ``To carry out the purposes
of this Act [amending sections 3651 and 4255 of this title] and the 7th
paragraph of section 3672 of title 18, United States Code, there are
authorized to be appropriated sums not to exceed $3,500,000 for the
fiscal year ending September 30, 1980; $3,645,000 for the fiscal year
ending September 30, 1981; $3,750,000 for the fiscal year ending
September 30, 1982; $5,000,000 for the fiscal year ending September 30,
1984; $5,500,000 for the fiscal year ending September 30, 1985;
$6,500,000 for the fiscal year ending September 30, 1986; $12,000,000
for the fiscal year ending September 30, 1987; $24,000,000 for the
fiscal year ending September 30, 1988; $26,000,000 for the fiscal year
ending September 30, 1989; $30,000,000 for the fiscal year ending
September 30, 1990; $40,000,000 for the fiscal year ending September 30,
1991; and $45,000,000 for the fiscal year ending September 30, 1992.''
Increase in Compensation Rates
Increase in compensation rates fixed under this section, see note
under section 603 of Title 28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in title 5 section 4521.