US (United States) Code. Title 42. Chapter 113: State Justice Institute

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 33 páginas
publicidad
publicidad

-CITE-

42 USC CHAPTER 113 - STATE JUSTICE INSTITUTE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

CHAPTER 113 - STATE JUSTICE INSTITUTE

-MISC1-

Sec.

10701. Definitions.

10702. Establishment of Institute; duties.

(a) Establishment; purpose; incorporation; powers.

(b) Duties.

(c) Duplication of functions; responsibility of

State agencies.

(d) Maintenance of offices in State of

incorporation; agent for receipt of service of

process.

(e) Tax status of Institute and programs assisted

thereby.

(f) Rules, regulations, etc.; notice and comment.

10703. Board of Directors.

(a) Appointment and membership.

(b) Term of office.

(c) Reappointment.

(d) Compensation; reimbursement for expenses.

(e) Status of members of Board as officers and

employees of United States.

(f) Voting rights of Board members; quorum; action

of Board on concurrence of majority.

(g) Chairman; initial selection and term of office;

subsequent annual election.

(h) Grounds for removal of members.

(i) Quarterly meetings of Board; special meetings.

(j) Open meetings.

(k) Duties and functions of Board.

10704. Officers and employees.

(a) Duties of Director; appointment and removal of

employees; political tests or qualifications

prohibited.

(b) Compensation.

(c) Status of Institute as department, agency, or

instrumentality of Federal Government;

authority of Office of Management and Budget.

(d) Status of officers and employees of Institute

as officers and employees of United States.

(e) Freedom of information requirements.

10705. Grants and contracts.

(a) Authority of Institute; purposes of grants.

(b) Priority in making awards; alternative

recipients; approval of applications; receipt

and administration of funds; accountability.

(c) Permissible uses of funds.

(d) Matching fund requirements.

(e) Compliance monitoring and evaluation by

Institute.

(f) Independent study of financial and technical

assistance programs.

10706. Limitations on grants and contracts.

(a) Duties of Institute.

(b) Use of funds for training programs for advocacy

of nonjudicial public policies or encouraging

nonjudicial political activities.

(c) Authority coextensive with appropriation Acts.

(d) Prohibited uses of funds.

10707. Restrictions on activities of Institute.

(a) Litigation; interference with independence of

State judiciary; funding of State judicial

system activities other than pursuant to this

chapter; legislative lobbying.

(b) Issuance of shares of stock; declaration of

dividends; compensation for services;

reimbursement for expenses; political

activities.

(c) Identification of Institute with political

activities.

10708. Administrative provisions.

10709. Presidential coordination.

10710. Records and reports.

(a) Reports.

(b) Records.

(c) Submission of copies of reports to recipients;

maintenance in principal office of Institute;

availability for public inspection; furnishing

of copies to interested parties.

(d) Funds accounted for and reported as receipts

and disbursements separate and distinct from

Federal funds.

10711. Audits.

(a) Time and place of audits; standards;

availability of books, accounts, facilities,

etc., to auditors; filing of report and

availability for public inspection.

(b) Additional audits; requirements; reports and

recommendations to Congress and Attorney

General.

(c) Annual audits by Institute or recipients;

reports; submission of copies to Comptroller

General; inspection of books, accounts, etc.;

availability of audit reports for public

inspection.

10712. Report by Attorney General.

10713. Authorization of appropriations.

-End-

-CITE-

42 USC Sec. 10701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10701. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "Board" means the Board of Directors of the Institute;

(2) "Director" means the Executive Director of the Institute;

(3) "Governor" means the Chief Executive Officer of a State;

(4) "Institute" means the State Justice Institute;

(5) "recipient" means any grantee, contractor, or recipient of

financial assistance under this chapter;

(6) "State" means any State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Northern Mariana Islands, the Trust

Territory of the Pacific Islands, and any other territory or

possession of the United States;

(7) "Supreme Court" means the highest appellate court within a

State unless, for the purposes of this chapter, a

constitutionally or legislatively established judicial council

acts in place of that court; and

(8) "domestic violence" means -

(A) any action that constitutes -

(i) attempting to cause or intentionally, knowingly, or

recklessly causing bodily injury or physical illness;

(ii) rape, sexual assault, or causing involuntary deviate

sexual intercourse;

(iii) placing by physical menace another in fear of

imminent serious bodily injury; or

(iv) the infliction of false imprisonment;

if such action is taken by one of 2 spouses, former spouses, or

sexual or intimate partners against the other spouse, former

spouse, or partner and the 2 of whom share biological

parenthood of, have adopted, are legal custodians of, or are

stepparents of a minor child; or

(B) physically or sexually abusing such minor child if such

abuse is inflicted by either of such spouses, former spouses,

or partners.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 202, Nov. 8, 1984, 98 Stat. 3336;

Pub. L. 102-528, Sec. 1, Oct. 27, 1992, 106 Stat. 3461.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title" meaning title II of Pub. L. 98-620, Nov. 8, 1984, 98 Stat.

3336, which is classified principally to this chapter. For complete

classification of title II to the Code, see Short Title note below

and Tables.

-MISC1-

AMENDMENTS

1992 - Par. (8). Pub. L. 102-528 added par. (8).

EFFECTIVE DATE

Section 216 of title II of Pub. L. 98-620 provided that: "The

provisions of this title [enacting this chapter and amending

section 620 of Title 28, Judiciary and Judicial Procedure] shall

take effect on October 1, 1985."

SHORT TITLE

Section 201 of title II of Pub. L. 98-620 provided that: "This

title [enacting this chapter and amending section 620 of Title 28,

Judiciary and Judicial Procedure] may be cited as the 'State

Justice Institute Act of 1984'."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13991, 14036 of this

title.

-End-

-CITE-

42 USC Sec. 10702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10702. Establishment of Institute; duties

-STATUTE-

(a) Establishment; purpose; incorporation; powers

There is established a private nonprofit corporation which shall

be known as the State Justice Institute. The purpose of the

Institute shall be to further the development and adoption of

improved judicial administration in State courts in the United

States. The Institute may be incorporated in any State pursuant to

section 10703(a)(6) of this title. To the extent consistent with

the provisions of this chapter, the Institute may exercise the

powers conferred upon a nonprofit corporation by the laws of the

State in which it is incorporated.

(b) Duties

The Institute shall -

(1) direct a national program of assistance designed to assure

each person ready access to a fair and effective system of

justice by providing funds to -

(A) State courts;

(B) national organizations which support and are supported by

State courts; and

(C) any other nonprofit organization that will support and

achieve the purposes of this chapter;

(2) foster coordination and cooperation with the Federal

judiciary in areas of mutual concern;

(3) promote recognition of the importance of the separation of

powers doctrine to an independent judiciary; and

(4) encourage education for judges and support personnel of

State court systems through national and State organizations,

including universities.

(c) Duplication of functions; responsibility of State agencies

The Institute shall not duplicate functions adequately performed

by existing nonprofit organizations and shall promote, on the part

of agencies of State judicial administration, responsibility for

the success and effectiveness of State court improvement programs

supported by Federal funding.

(d) Maintenance of offices in State of incorporation; agent for

receipt of service of process

The Institute shall maintain its principal offices in the State

in which it is incorporated and shall maintain therein a designated

agent to accept service of process for the Institute. Notice to or

service upon the agent shall be deemed notice to or service upon

the Institute.

(e) Tax status of Institute and programs assisted thereby

The Institute, and any program assisted by the Institute, shall

be eligible to be treated as an organization described in section

170(c)(2)(B) of title 26 and as an organization described in

section 501(c)(3) of title 26 which is exempt from taxation under

section 501(a) of title 26. If such treatments are conferred in

accordance with the provisions of title 26, the Institute, and

programs assisted by the Institute, shall be subject to all

provisions of title 26 relevant to the conduct of organizations

exempt from taxation.

(f) Rules, regulations, etc.; notice and comment

The Institute shall afford notice and reasonable opportunity for

comment to interested parties prior to issuing rules, regulations,

guidelines, and instructions under this chapter, and it shall

publish in the Federal Register all rules, regulations, guidelines,

and instructions.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3336;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

100-690, title VII, Sec. 7321(b)(1), Nov. 18, 1988, 102 Stat. 4466;

Pub. L. 100-702, title VI, Sec. 601, Nov. 19, 1988, 102 Stat. 4652;

Pub. L. 102-528, Sec. 3(1), Oct. 27, 1992, 106 Stat. 3462.)

-MISC1-

AMENDMENTS

1992 - Subsec. (f). Pub. L. 102-528 struck out at end "The

publication of a substantive rule shall not be made less than

thirty days before the effective date of such rule, except as

otherwise provided by the Institute for good cause found and

published with the rule."

1988 - Subsec. (f). Pub. L. 100-690 and Pub. L. 100-702 made

substantially identical amendments, striking out ", at least thirty

days prior to their effective date," after "Federal Register" and

inserting sentence at end relating to publication of a substantive

rule.

1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954" wherever

appearing, which for purposes of codification was translated as

"title 26" thus requiring no change in text.

BATTERED WOMEN'S TESTIMONY

Pub. L. 102-527, Oct. 27, 1992, 106 Stat. 3459, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Battered Women's Testimony Act of

1992'.

"SEC. 2. AUTHORITY OF STATE JUSTICE INSTITUTE.

"The State Justice Institute shall -

"(1) collect nationwide and analyze information regarding -

"(A) the admissibility and quality of expert testimony on the

experiences of battered women offered as part of the defense in

criminal cases under State law, and

"(B) sources of, and methods to obtain, funds to pay costs

incurred to provide such testimony, particularly in cases

involving indigent women defendants,

"(2) develop training materials to assist -

"(A) battered women, operators of domestic violence shelters,

battered women's advocates, and attorneys to use such expert

testimony in appropriate cases, particularly appropriate cases

involving indigent women defendants, and

"(B) individuals with expertise in the experiences of

battered women to develop skills appropriate to providing such

expert testimony, and

"(3) disseminate such information and such training materials,

and provide related technical assistance, to battered women, such

operators, such advocates, such attorneys, and such individuals.

"SEC. 3. ADMINISTRATIVE PROVISIONS.

"For purposes of this Act -

"(1) subsections (d) and (e) of section 206 of the State

Justice Institute Act of 1984 [42 U.S.C. 10705(d), (e)], and

"(2) subsections (a) and (b) of section 207 of such Act [42

U.S.C. 10706(a), (b)],

shall apply in the same manner as such subsections apply with

respect to grants and contracts made under such Act [42 U.S.C.

10701 et seq.].

"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated $600,000 to carry out

this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10712 of this title.

-End-

-CITE-

42 USC Sec. 10703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10703. Board of Directors

-STATUTE-

(a) Appointment and membership

(1) The Institute shall be supervised by a Board of Directors,

consisting of eleven voting members to be appointed by the

President, by and with the advice and consent of the Senate. The

Board shall have both judicial and nonjudicial members, and shall,

to the extent practicable, have a membership representing a variety

of backgrounds and reflecting participation and interest in the

administration of justice.

(2) The Board shall consist of -

(A) six judges, to be appointed in the manner provided in

paragraph (3);

(B) one State court administrator, to be appointed in the

manner provided in paragraph (3); and

(C) four members from the public sector, no more than two of

whom shall be of the same political party, to be appointed in the

manner provided in paragraph (4).

(3) The President shall appoint six judges and one State court

administrator from a list of candidates submitted to the President

by the Conference of Chief Justices. The Conference of Chief

Justices shall submit a list of at least fourteen individuals,

including judges and State court administrators, whom the

Conference considers best qualified to serve on the Board. Whenever

the term of any of the members of the Board described in

subparagraphs (A) and (B) terminates and that member is not to be

reappointed to a new term, and whenever a vacancy otherwise occurs

among those members, the President shall appoint a new member from

a list of three qualified individuals submitted to the President by

the Conference of Chief Justices. The President may reject any list

of individuals submitted by the Conference under this paragraph

and, if such a list is so rejected, the President shall request the

Conference to submit to him another list of qualified individuals.

Prior to consulting with or submitting a list to the President, the

Conference of Chief Justices shall obtain and consider the

recommendations of all interested organizations and individuals

concerned with the administration of justice and the objectives of

this chapter.

(4) In addition to those members appointed under paragraph (3),

the President shall appoint four members from the public sector to

serve on the Board.

(5) The President shall make the initial appointments of members

of the Board under this subsection within ninety days after October

1, 1985. In the case of any other appointment of a member, the

President shall make the appointment not later than ninety days

after the previous term expires or the vacancy occurs, as the case

may be. The Conference of Chief Justices shall submit lists of

candidates under paragraph (3) in a timely manner so that the

appointments can be made within the time periods specified in this

paragraph.

(6) The initial members of the Board of Directors shall be the

incorporators of the Institute and shall determine the State in

which the Institute is to be incorporated.

(b) Term of office

(1) Except as provided in paragraph (2), the term of each voting

member of the Board shall be three years. Each member of the Board

shall continue to serve until the successor to such member has been

appointed and qualified.

(2) Five of the members first appointed by the President shall

serve for a term of two years. Any member appointed to serve an

unexpired term which has arisen by virtue of the death, disability,

retirement, or resignation of a member shall be appointed only for

such unexpired term, but shall be eligible for reappointment.

(3) The term of initial members shall commence from the date of

the first meeting of the Board, and the term of each member other

than an initial member shall commence from the date of termination

of the preceding term.

(c) Reappointment

No member shall be reappointed to more than two consecutive terms

immediately following such member's initial term.

(d) Compensation; reimbursement for expenses

Members of the Board shall serve without compensation, but shall

be reimbursed for actual and necessary expenses incurred in the

performance of their official duties.

(e) Status of members of Board as officers and employees of United

States

The members of the Board shall not, by reason of such membership,

be considered officers or employees of the United States.

(f) Voting rights of Board members; quorum; action of Board on

concurrence of majority

Each member of the Board shall be entitled to one vote. A simple

majority of the membership shall constitute a quorum for the

conduct of business. The Board shall act upon the concurrence of a

simple majority of the membership present and voting.

(g) Chairman; initial selection and term of office; subsequent

annual election

The Board shall select from among the voting members of the Board

a chairman, the first of whom shall serve for a term of three

years. Thereafter, the Board shall annually elect a chairman from

among its voting members.

(h) Grounds for removal of members

A member of the Board may be removed by a vote of seven members

for malfeasance in office, persistent neglect of, or inability to

discharge duties, or for any offense involving moral turpitude, but

for no other cause.

(i) Quarterly meetings of Board; special meetings

Regular meetings of the Board shall be held quarterly. Special

meetings shall be held from time to time upon the call of the

chairman, acting at his own discretion or pursuant to the petition

of any seven members.

(j) Open meetings

All meetings of the Board, any executive committee of the Board,

and any council established in connection with this chapter, shall

be open and subject to the requirements and provisions of section

552b of title 5 relating to open meetings.

(k) Duties and functions of Board

In its direction and supervision of the activities of the

Institute, the Board shall -

(1) establish policies and develop such programs for the

Institute that will further the achievement of its purpose and

performance of its functions;

(2) establish policy and funding priorities and issue rules,

regulations, guidelines, and instructions pursuant to such

priorities;

(3) appoint and fix the duties of the Executive Director of the

Institute, who shall serve at the pleasure of the Board and shall

be a nonvoting ex officio member of the Board;

(4) present to other Government departments, agencies, and

instrumentalities whose programs or activities relate to the

administration of justice in the State judiciaries of the United

States, the recommendations of the Institute for the improvement

of such programs or activities;

(5) consider and recommend to both public and private agencies

aspects of the operation of the State courts of the United States

considered worthy of special study; and

(6) award grants and enter into cooperative agreements or

contracts pursuant to section 10705(a) of this title.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 204, Nov. 8, 1984, 98 Stat. 3337;

Pub. L. 102-572, title VIII, Sec. 803(a), Oct. 29, 1992, 106 Stat.

4516.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(3). Pub. L. 102-572 substituted "Conference"

for "conference" after "whom the" in second sentence.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 804 of title VIII of Pub. L. 102-572 provided that: "The

provisions of this title [amending this section and sections 10705

and 10713 of this title] shall take effect on the date of the

enactment of this Act [Oct. 29, 1992]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10702 of this title.

-End-

-CITE-

42 USC Sec. 10704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10704. Officers and employees

-STATUTE-

(a) Duties of Director; appointment and removal of employees;

political tests or qualifications prohibited

(1) The Director, subject to general policies established by the

Board, shall supervise the activities of persons employed by the

Institute and may appoint and remove such employees as he

determines necessary to carry out the purposes of the Institute.

The Director shall be responsible for the executive and

administrative operations of the Institute, and shall perform such

duties as are delegated to such Director by the Board and the

Institute.

(2) No political test or political qualification shall be used in

selecting, appointing, promoting, or taking any other personnel

action with respect to any officer, agent, or employee of the

Institute, or in selecting or monitoring any grantee, contractor,

person, or entity receiving financial assistance under this

chapter.

(b) Compensation

Officers and employees of the Institute shall be compensated at

rates determined by the Board, but not in excess of the rate of

level V of the Executive Schedule specified in section 5316 of

title 5.

(c) Status of Institute as department, agency, or instrumentality

of Federal Government; authority of Office of Management and

Budget

(1) Except as otherwise specifically provided in this chapter,

the Institute shall not be considered a department, agency, or

instrumentality of the Federal Government.

(2) This chapter does not limit the authority of the Office of

Management and Budget to review and submit comments upon the

Institute's annual budget request at the time it is transmitted to

the Congress.

(d) Status of officers and employees of Institute as officers and

employees of United States

(1) Except as provided in paragraph (2), officers and employees

of the Institute shall not be considered officers or employees of

the United States.

(2) Officers and employees of the Institute shall be considered

officers and employees of the United States solely for the purposes

of the following provisions of title 5: Subchapter I of chapter 81

(relating to compensation for work injuries); chapters 83 and 84

(relating to civil service retirement); chapter 87 (relating to

life insurance); and chapter 89 (relating to health insurance). The

Institute shall make contributions under the provisions referred to

in this subsection at the same rates applicable to agencies of the

Federal Government.

(e) Freedom of information requirements

The Institute and its officers and employees shall be subject to

the provisions of section 552 of title 5 relating to freedom of

information.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 205, Nov. 8, 1984, 98 Stat. 3339;

Pub. L. 100-690, title VII, Sec. 7321(b)(2), Nov. 18, 1988, 102

Stat. 4466; Pub. L. 100-702, title VI, Sec. 602, Nov. 19, 1988, 102

Stat. 4653.)

-MISC1-

AMENDMENTS

1988 - Subsec. (d)(2). Pub. L. 100-690 and Pub. L. 100-702

amended par. (2) identically, substituting "chapters 83 and 84" for

"chapter 83".

-End-

-CITE-

42 USC Sec. 10705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10705. Grants and contracts

-STATUTE-

(a) Authority of Institute; purposes of grants

The Institute is authorized to award grants and enter into

cooperative agreements or contracts, in a manner consistent with

subsection (b) of this section, in order to -

(1) conduct research, demonstrations, or special projects

pertaining to the purposes described in this chapter, and provide

technical assistance and training in support of tests,

demonstrations, and special projects;

(2) serve as a clearinghouse and information center, where not

otherwise adequately provided, for the preparation, publication,

and dissemination of information regarding State judicial

systems;

(3) participate in joint projects with other agencies,

including the Federal Judicial Center, with respect to the

purposes of this chapter;

(4) evaluate, when appropriate, the programs and projects

carried out under this chapter to determine their impact upon the

quality of criminal, civil, and juvenile justice and the extent

to which they have met or failed to meet the purposes and

policies of this chapter;

(5) encourage and assist in the furtherance of judicial

education;

(6) encourage, assist, and serve in a consulting capacity to

State and local justice system agencies in the development,

maintenance, and coordination of criminal, civil, and juvenile

justice programs and services; and

(7) be responsible for the certification of national programs

that are intended to aid and improve State judicial systems.

(b) Priority in making awards; alternative recipients; approval of

applications; receipt and administration of funds; accountability

The Institute is empowered to award grants and enter into

cooperative agreements or contracts as follows:

(1) The Institute may award grants to or enter into cooperative

agreements or contracts with -

(A) State and local courts and their agencies;

(B) national nonprofit organizations controlled by, operating

in conjunction with, and serving the judicial branches of State

governments; and

(C) national nonprofit organizations for the education and

training of judges and support personnel of the judicial branch

of State governments.

(2) The Institute may, if the objective can better be served

thereby, award grants to or enter into cooperative agreements or

contracts with -

(A) other nonprofit organizations with expertise in judicial

administration;

(B) institutions of higher education;

(C) individuals, partnerships, firms, or corporations; and

(D) private agencies with expertise in judicial

administration.

(3) Upon application by an appropriate State or local agency or

institution and if the arrangements to be made by such agency or

institution will provide services which could not be provided

adequately through nongovernmental arrangements, the Institute

may award a grant or enter into a cooperative agreement or

contract with a unit of State or local government other than a

court.

(4) The Institute may enter into contracts with Federal

agencies to carry out the purposes of this chapter.

(5) Each application for funding by a State or local court

shall be approved, consistent with State law, by the State's

supreme court, or its designated agency or council, which shall

receive, administer, and be accountable for all funds awarded by

the Institute to such courts.

(c) Permissible uses of funds

Funds available pursuant to grants, cooperative agreements, or

contracts awarded under this section may be used -

(1) to assist State and local court systems in establishing

appropriate procedures for the selection and removal of judges

and other court personnel and in determining appropriate levels

of compensation;

(2) to support education and training programs for judges and

other court personnel, for the performance of their general

duties and for specialized functions, and to support national and

regional conferences and seminars for the dissemination of

information on new developments and innovative techniques;

(3) to conduct research on alternative means for using judicial

and nonjudicial personnel in court decisionmaking activities, to

implement demonstration programs to test innovative approaches,

and to conduct evaluations of their effectiveness;

(4) to support studies of the appropriateness of (!1) efficacy

of court organization and financing structures in particular

States, and to enable States to implement plans for improved

court organization and finance;

(5) to support State court planning and budgeting staffs and to

provide technical assistance in resource allocation and service

forecasting techniques;

(6) to support studies of the adequacy of court management

systems in State and local courts and to implement and evaluate

innovative responses to problems of record management, data

processing, court personnel management, reporting and

transcription of court proceedings, and juror utilization and

management;

(7) to collect and compile statistical data and other

information on the work of the courts and on the work of other

agencies which relate to and affect the work of courts;

(8) to conduct studies of the causes of trial and appellate

court delay in resolving cases, and to establish and evaluate

experimental programs for reducing case processing time;

(9) to develop and test methods for measuring the performance

of judges and courts and to conduct experiments in the use of

such measures to improve the functioning of such judges and

courts;

(10) to support studies of court rules and procedures,

discovery devices, and evidentiary standards, to identify

problems with the operation of such rules, procedures, devices,

and standards, to devise alternative approaches to better

reconcile the requirements of due process with the need for swift

and certain justice, and to test the utility of those alternative

approaches;

(11) to support studies of the outcomes of cases in selected

subject matter areas to identify instances in which the substance

of justice meted out by the courts diverges from public

expectations of fairness, consistency, or equity, to propose

alternative approaches to the resolving of cases in problem

areas, and to test and evaluate those alternatives;

(12) to support programs to increase court responsiveness to

the needs of citizens through citizen education, improvement of

court treatment of witnesses, victims, and jurors, and

development of procedures for obtaining and using measures of

public satisfaction with court processes to improve court

performance;

(13) to test and evaluate experimental approaches to providing

increased citizen access to justice, including processes which

reduce the cost of litigating common grievances and alternative

techniques and mechanisms for resolving disputes between

citizens;

(14) conduct (!2) not more than 5 projects at an aggregate cost

of not to exceed $600,000 -

(A) to investigate, and carry out research regarding State

judicial decisions relating to child custody litigation

involving domestic violence;

(B) to develop training curricula to assist State courts to

develop an understanding of, and appropriate responses to,

child custody litigation involving domestic violence; and

(C) to disseminate the results of the investigation and

research carried out under subparagraph (A), and the curricula

developed under subparagraph (B), to State courts; and

(15) to carry out such other programs, consistent with the

purposes of this chapter, as may be deemed appropriate by the

Institute.

(d) Matching fund requirements

The Institute shall incorporate in any grant, cooperative

agreement, or contract awarded under this section in which a State

or local court (or other unit of State or local government) is the

recipient, the requirement that the recipient provide a match, from

private or public sources, not less than 50 per centum of the total

cost of such grant, cooperative agreement, or contract, except that

such requirement may be waived in exceptionally rare circumstances

upon the approval of the chief justice of the highest court of the

State and a majority of the Board of Directors.

(e) Compliance monitoring and evaluation by Institute

The Institute shall monitor and evaluate, or provide for

independent evaluations of, programs supported in whole or in part

under this chapter to ensure that the provisions of this chapter,

the bylaws of the Institute, and the applicable rules, regulations,

and guidelines promulgated pursuant to this chapter, are carried

out.

(f) Independent study of financial and technical assistance

programs

The Institute shall provide for an independent study of the

financial and technical assistance programs under this chapter.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 206, Nov. 8, 1984, 98 Stat. 3340;

Pub. L. 100-690, title VII, Sec. 7321(b)(3), (4), Nov. 18, 1988,

102 Stat. 4466, 4467; Pub. L. 100-702, title VI, Secs. 603, 604,

Nov. 19, 1988, 102 Stat. 4653; Pub. L. 102-528, Secs. 2, 3(2), Oct.

27, 1992, 106 Stat. 3461, 3462; Pub. L. 102-572, title VIII, Secs.

802, 803(b), Oct. 29, 1992, 106 Stat. 4515, 4516.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(1). Pub. L. 102-572, Sec. 802(1), substituted

"may award grants to or enter into cooperative agreements or

contracts" for "shall give priority to grants, cooperative

agreements, or contracts" in introductory provisions and

substituted semicolon for comma in subpar. (A).

Subsec. (b)(2). Pub. L. 102-572, Sec. 802(2), inserted "to" after

"award grants".

Subsec. (b)(3). Pub. L. 102-572, Sec. 802(3), added par. (3) and

struck out former par. (3) which read as follows: "Upon application

by an appropriate Federal, State, or local agency or institution

and if the arrangements to be made by such agency or institution

will provide services which could not be provided adequately

through nongovernmental arrangements, the Institute may award a

grant or enter into a cooperative agreement or contract with a unit

of Federal, State, or local government other than a court."

Subsec. (b)(4), (5). Pub. L. 102-572, Sec. 802(4), (5), added

par. (4) and redesignated former par. (4) as (5).

Subsec. (c)(3). Pub. L. 102-528, Sec. 3(2), struck out "judicial

and" before "nonjudicial" the second place appearing.

Subsec. (c)(4) to (6). Pub. L. 102-528, Sec. 3(2)(B), (C), added

par. (4) and redesignated former pars. (4) and (5) as (5) and (6),

respectively. Former par. (6) redesignated (7).

Subsec. (c)(7). Pub. L. 102-572, Sec. 803(b), substituted

"affect" for "effect".

Pub. L. 102-528, Sec. 3(2)(B), redesignated par. (6) as (7).

Former par. (7) redesignated (8).

Subsec. (c)(8) to (12). Pub. L. 102-528, Sec. 3(2)(B),

redesignated pars. (7) to (11) as (8) to (12), respectively. Former

par. (12) redesignated (13).

Subsec. (c)(13). Pub. L. 102-528, Sec. 3(2)(B), redesignated par.

(12) as (13). Former par. (13) redesignated (14).

Pub. L. 102-528, Sec. 2, added par. (13) and redesignated former

par. (13) as (14).

Subsec. (c)(14). Pub. L. 102-528, Sec. 3(2)(B), redesignated par.

(13) as (14). Former par. (14) redesignated (15).

Pub. L. 102-528, Sec. 2, redesignated par. (13) as (14).

Subsec. (c)(15). Pub. L. 102-528, Sec. 3(2)(B), redesignated par.

(14) as (15).

1988 - Subsec. (c)(3). Pub. L. 100-702, Sec. 603(1), inserted

"judicial and" before "nonjudicial".

Pub. L. 100-690, Sec. 7321(b)(3)(A), inserted "judicial and"

before "nonjudicial".

Subsec. (c)(4) to (15). Pub. L. 100-702, Sec. 603(2), (3), which

directed the striking out of par. (4) and redesignation of pars.

(5) to (15) as (4) to (14), respectively, was executed by striking

out par. (4) and redesignating pars. (5) to (14) as (4) to (13),

respectively, in view of the intervening redesignation of pars. (5)

to (15) as (4) to (14), respectively, by Pub. L. 100-690, Sec.

7321(b)(3)(C). See below. Prior to amendment, par. (4) read as

follows: "to support studies of the appropriateness and efficacy of

court organizations and financing structures in particular States,

and to enable States to implement plans for improved court

organization and finance;".

Pub. L. 100-690, Sec. 7321(b)(3)(B), (C), redesignated pars. (5)

to (15) as (4) to (14), respectively, and struck out former par.

(4) which read as follows: "to assist State and local courts in

meeting requirements of Federal law applicable to recipients of

Federal funds;".

Subsec. (d). Pub. L. 100-702, Sec. 604, which directed the

substitution of "court (or other unit of State or local

government)" for "judicial system", could not be executed due to

prior amendment by Pub. L. 100-690, Sec. 7321(b)(4). See below.

Pub. L. 100-690, Sec. 7321(b)(4), substituted "court (or other

unit of State or local government)" for "judicial system".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10703 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "and".

(!2) So in original. Probably should be "to conduct".

-End-

-CITE-

42 USC Sec. 10706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10706. Limitations on grants and contracts

-STATUTE-

(a) Duties of Institute

With respect to grants made and contracts or cooperative

agreements entered into under this chapter, the Institute shall -

(1) ensure that no funds made available to recipients by the

Institute shall be used at any time, directly or indirectly, to

influence the issuance, amendment, or revocation of any Executive

order or similar promulgation by any Federal, State, or local

agency, or to undertake to influence the passage or defeat of any

legislation or constitutional amendment by the Congress of the

United States, or by any State or local legislative body, or any

State proposal by initiative petition, or of any referendum,

unless a governmental agency, legislative body, a committee, or a

member thereof -

(A) requests personnel of the recipients to testify, draft,

or review measures or to make representations to such agency,

body, committee, or member; or

(B) is considering a measure directly affecting the

activities under this chapter of the recipient or the

Institute; and

(2) ensure all personnel engaged in grant, cooperative

agreement or contract assistance activities supported in whole or

part by the Institute refrain, while so engaged, from any

partisan political activity.

(b) Use of funds for training programs for advocacy of nonjudicial

public policies or encouraging nonjudicial political activities

No funds made available by the Institute under this chapter,

either by grant, cooperative agreement, or contract, may be used to

support or conduct training programs for the purpose of advocating

particular nonjudicial public policies or encouraging nonjudicial

political activities.

(c) Authority coextensive with appropriation Acts

The authorization to enter into cooperative agreements, contracts

or any other obligation under this chapter shall be effective only

to the extent, and in such amounts, as are provided in advance in

appropriation Acts.

(d) Prohibited uses of funds

To ensure that funds made available under this chapter are used

to supplement and improve the operation of State courts, rather

than to support basic court services, funds shall not be used -

(1) to supplant State or local funds currently supporting a

program or activity; or

(2) to construct court facilities or structures, except to

remodel existing facilities to demonstrate new architectural or

technological techniques, or to provide temporary facilities for

new personnel or for personnel involved in a demonstration or

experimental program.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 207, Nov. 8, 1984, 98 Stat. 3342;

Pub. L. 100-702, title VI, Sec. 605, Nov. 19, 1988, 102 Stat.

4653.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", except in subsec. (d) where it was in the original "this

Act", meaning title II of Pub. L. 98-620, Nov. 8, 1984, 98 Stat.

336, known as the State Justice Institute Act of 1984, which

enacted this chapter and amended section 620 of Title 28, Judiciary

and Judicial Procedure. For complete classification of title II to

the Code, see Short Title note set out under section 17101 of this

title and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(3). Pub. L. 100-702 struck out par. (3) which

read as follows: "ensure that each recipient that files with the

Institute a timely application for refunding is provided interim

funding necessary to maintain its current level of activities until

-

"(A) the application for refunding has been approved and funds

pursuant thereto received; or

"(B) the application for refunding has been finally denied in

accordance with section 10708 of this title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10712 of this title.

-End-

-CITE-

42 USC Sec. 10707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10707. Restrictions on activities of the Institute

-STATUTE-

(a) Litigation; interference with independence of State judiciary;

funding of State judicial system activities other than pursuant

to this chapter; legislative lobbying

The Institute shall not -

(1) participate in litigation unless the Institute or a

recipient of the Institute is a party, and shall not participate

on behalf of any client other than itself;

(2) interfere with the independent nature of any State judicial

system or allow financial assistance to be used for the funding

of regular judicial and administrative activities of any State

judicial system other than pursuant to the terms of any grant,

cooperative agreement, or contract with the Institute, consistent

with the requirements of this chapter; or

(3) undertake to influence the passage or defeat of any

legislation by the Congress of the United States or by any State

or local legislative body, except that personnel of the Institute

may testify or make other appropriate communication -

(A) when formally requested to do so by a legislative body,

committee, or a member thereof;

(B) in connection with legislation or appropriations directly

affecting the activities of the Institute; or

(C) in connection with legislation or appropriations dealing

with improvements in the State judiciary, consistent with the

provisions of this chapter.

(b) Issuance of shares of stock; declaration of dividends;

compensation for services; reimbursement for expenses; political

activities

(1) The Institute shall have no power to issue any shares of

stock, or to declare or pay any dividends.

(2) No part of the income or assets of the Institute shall enure

to the benefit of any director, officer, or employee, except as

reasonable compensation for services or reimbursement for expenses.

(3) Neither the Institute nor any recipient shall contribute or

make available Institute funds or program personnel or equipment to

any political party or association, or the campaign of any

candidate for public or party office.

(4) The Institute shall not contribute or make available

Institute funds or program personnel or equipment for use in

advocating or opposing any ballot measure, initiative, or

referendum.

(c) Identification of Institute with political activities

Officers and employees of the Institute or of recipients shall

not at any time intentionally identify the Institute or the

recipient with any partisan or nonpartisan political activity

associated with a political party or association, or the campaign

of any candidate for public or party office.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3343.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10712 of this title.

-End-

-CITE-

42 USC Sec. 10708 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10708. Administrative provisions

-STATUTE-

(a) The Institute shall prescribe procedures to ensure that

financial assistance under this chapter shall not be suspended

unless the grantee, contractor, person, or entity receiving

financial assistance under this chapter has been given reasonable

notice and opportunity to show cause why such actions should not be

taken.

(b) Except as provided by Federal law other than this chapter, no

officer or employee of the Institute, and no recipient of

assistance under this chapter, may use or reveal any research or

statistical information furnished under this chapter by any person

and identifiable to any specific private person for any purpose

other than the purpose for which the information was obtained in

accordance with this chapter. Such information and copies thereof

shall be immune from legal process, and shall not, without the

consent of the person furnishing such information, be admitted as

evidence or used for any purpose in any action, suit, or other

judicial, legislative, or administrative proceedings.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 209, Nov. 8, 1984, 98 Stat. 3344;

Pub. L. 100-702, title VI, Sec. 606, Nov. 19, 1988, 102 Stat.

4653.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-702 substituted "Administrative provisions"

for "Special procedures" in section catchline, and amended text

generally, changing structure of section from a single unlettered

paragraph to one consisting of subsecs. (a) and (b).

-End-

-CITE-

42 USC Sec. 10709 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10709. Presidential coordination

-STATUTE-

The President may, to the extent not inconsistent with any other

applicable law, direct that appropriate support functions of the

Federal Government may be made available to the Institute in

carrying out its functions under this chapter.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 210, Nov. 8, 1984, 98 Stat. 3344.)

-End-

-CITE-

42 USC Sec. 10710 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10710. Records and reports

-STATUTE-

(a) Reports

The Institute is authorized to require such reports as it deems

necessary from any recipient with respect to activities carried out

pursuant to this chapter.

(b) Records

The Institute is authorized to prescribe the keeping of records

with respect to funds provided by any grant, cooperative agreement,

or contract under this chapter and shall have access to such

records at all reasonable times for the purpose of ensuring

compliance with such grant, cooperative agreement, or contract or

the terms and conditions upon which financial assistance was

provided.

(c) Submission of copies of reports to recipients; maintenance in

principal office of Institute; availability for public

inspection; furnishing of copies to interested parties

Copies of all reports pertinent to the evaluation, inspection, or

monitoring of any recipient shall be submitted on a timely basis to

such recipient, and shall be maintained in the principal office of

the Institute for a period of at least five years after such

evaluation, inspection, or monitoring. Such reports shall be

available for public inspection during regular business hours, and

copies shall be furnished, upon request, to interested parties upon

payment of such reasonable fees as the Institute may establish.

(d) Funds accounted for and reported as receipts and disbursements

separate and distinct from Federal funds

Non-Federal funds received by the Institute, and funds received

for projects funded in part by the Institute or by any recipient

from a source other than the Institute, shall be accounted for and

reported as receipts and disbursements separate and distinct from

Federal funds.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 211, Nov. 8, 1984, 98 Stat. 3344.)

-End-

-CITE-

42 USC Sec. 10711 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10711. Audits

-STATUTE-

(a) Time and place of audits; standards; availability of books,

accounts, facilities, etc., to auditors; filing of report and

availability for public inspection

(1) The accounts of the Institute shall be audited annually. Such

audits shall be conducted in accordance with generally accepted

auditing standards by independent certified public accountants who

are certified by a regulatory authority of the jurisdiction in

which the audit is undertaken.

(2) The audits shall be conducted at the place or places where

the accounts of the Institute are normally kept. All books,

accounts, financial records, reports, files, and other papers or

property belonging to or in use by the Institute and necessary to

facilitate the audits shall be made available to the person or

persons conducting the audits. The full facilities for verifying

transactions with the balances and securities held by depositories,

fiscal agents, and custodians shall be afforded to any such person.

(3) The report of the annual audit shall be filed with the

General Accounting Office and shall be available for public

inspection during business hours at the principal office of the

Institute.

(b) Additional audits; requirements; reports and recommendations to

Congress and Attorney General

(1) In addition to the annual audit, the financial transactions

of the Institute for any fiscal year during which Federal funds are

available to finance any portion of its operations may be audited

by the General Accounting Office in accordance with such rules and

regulations as may be prescribed by the Comptroller General of the

United States.

(2) Any such audit shall be conducted at the place or places

where accounts of the Institute are normally kept. The

representatives of the General Accounting Office shall have access

to all books, accounts, financial records, reports, files, and

other papers or property belonging to or in use by the Institute

and necessary to facilitate the audit. The full facilities for

verifying transactions with the balances and securities held by

depositories, fiscal agents, and custodians shall be afforded to

such representatives. All such books, accounts, financial records,

reports, files, and other papers or property of the Institute shall

remain in the possession and custody of the Institute throughout

the period beginning on the date such possession or custody

commences and ending three years after such date, but the General

Accounting Office may require the retention of such books,

accounts, financial records, reports, files, and other papers or

property for a longer period under section 3523(c) of title 31.

(3) A report of such audit shall be made by the Comptroller

General to the Congress and to the Attorney General, together with

such recommendations with respect thereto as the Comptroller

General deems advisable.

(c) Annual audits by Institute or recipients; reports; submission

of copies to Comptroller General; inspection of books, accounts,

etc.; availability of audit reports for public inspection

(1) The Institute shall conduct, or require each recipient to

provide for, an annual fiscal audit. The report of each such audit

shall be maintained for a period of at least five years at the

principal office of the Institute.

(2) The Institute shall submit to the Comptroller General of the

United States copies of such reports, and the Comptroller General

may, in addition, inspect the books, accounts, financial records,

files, and other papers or property belonging to or in use by such

grantee, contractor, person, or entity, which relate to the

disposition or use of funds received from the Institute. Such audit

reports shall be available for public inspection during regular

business hours, at the principal office of the Institute.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 212, Nov. 8, 1984, 98 Stat. 3345.)

-End-

-CITE-

42 USC Sec. 10712 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10712. Report by Attorney General

-STATUTE-

Not later than October 1, 2002, the Attorney General, in

consultation with the Federal Judicial Center, shall transmit to

the Committees on the Judiciary of the Senate and the House of

Representatives a report on the effectiveness of the Institute in

carrying out the duties specified in section 10702(b) of this

title. Such report shall include an assessment of the cost

effectiveness of the program as a whole and, to the extent

practicable, of individual grants, an assessment of whether the

restrictions and limitations specified in sections 10706 and 10707

of this title have been respected, and such recommendations as the

Attorney General, in consultation with the Federal Judicial Center,

deems appropriate.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 213, Nov. 8, 1984, 98 Stat. 3346;

Pub. L. 107-179, Sec. 1, May 20, 2002, 116 Stat. 580.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-179 substituted "Not later than October 1,

2002" for "On October 1, 1987".

-End-

-CITE-

42 USC Sec. 10713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 113 - STATE JUSTICE INSTITUTE

-HEAD-

Sec. 10713. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out the purposes

of this chapter $20,000,000 for fiscal year 1993, $20,000,000 for

fiscal year 1994, $25,000,000 for fiscal year 1995, and $25,000,000

for fiscal year 1996. Amounts appropriated for each such year are

to remain available until expended.

-SOURCE-

(Pub. L. 98-620, title II, Sec. 215, Nov. 8, 1984, 98 Stat. 3346;

Pub. L. 100-690, title VII, Sec. 7321(a), Nov. 18, 1988, 102 Stat.

4466; Pub. L. 100-702, title VI, Sec. 607, Nov. 19, 1988, 102 Stat.

4654; Pub. L. 101-162, title V, Nov. 21, 1989, 103 Stat. 1028; Pub.

L. 102-572, title VIII, Sec. 801, Oct. 29, 1992, 106 Stat. 4515.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 amended section generally. Prior to

amendment, section authorized appropriations of $15,000,000 for

each of fiscal years 1989, 1990, 1991, and 1992.

1989 - Pub. L. 101-162 repealed Pub. L. 100-702, Sec. 607, and

provided that Pub. L. 100-690, Sec. 7321(a), is revived, see 1988

Amendment notes below.

1988 - Pub. L. 100-702 amended section generally, substituting

appropriations authorization of $15,000,000 for fiscal years 1989

and 1990, such amounts to remain available until expended for

authorization of $15,000,000 for fiscal years 1989, 1990, 1991, and

1992.

Pub. L. 100-690 amended section generally, substituting

appropriations authorization of $15,000,000 for fiscal years 1989

through 1992 for authorization of $13,000,000 for fiscal year 1986

and $15,000,000 for fiscal years 1987 and 1988.

-End-