(Pub. L. 98-473, title II, § 1407, Oct. 12, 1984, 98 Stat. 2176; Pub. L. 99-646, § 48, Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title VII, § 7123(b)(10)-(14), Nov. 18, 1988, 102 Stat. 4421, 4422.) AMENDMENTS 1988 Subsec. (a). Pub. L. 100–690, § 7123(b)(10), substituted "Director" for "Attorney General" in two places and "under this chapter" for "under this chapter and may delegate to any officer or employee of the Department of Justice any such function as the Attorney General deems appropriate”. Subsec. (b). Pub. L. 100-690, § 7123(b)(11), substituted "Director" for "Attorney General". Subsec. (c). Pub. L. 100–690, § 7123(b)(12), which directed substitution of "Director" for "Attorney General or any duly authorized representative of the Attorney General", was executed by making substitution in two places. Subsec. (f). Pub. L. 100-690, § 7123(b)(13), substituted "Director" for "Attorney General" two places in introductory provisions and in pars. (2) and (3). Subsec. (g). Pub. L. 100-690, § 7123(b)(14), substituted "Director" for "Attorney General" in two places and "on December 31, 1990, and on December 31 every 2 years thereafter" for "no later than December 31, 1987". 1986-Subsecs. (g), (h). Pub. L. 99-646 redesignated subsec. (h) as (g) and substituted "1402", which was translated as "section 10601 of this title" for "1302", which had been editorially translated as "section 10601 of this title", thereby requiring no change in text. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1990, see section 7129 of Pub. L. 100-690, set out as a note under section 10601 of this title. § 10605. Establishment of Office for Victims of Crime (a) Office established within Department of Justice There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the "Office"). (b) Appointment of Director; authority; restrictions The Office shall be headed by a Director (referred to in this chapter as the "Director"), who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this chapter.* 'See References in Text note below. (c) Duties of Director The Director shall have the following duties: (1) Administering funds made available by section 10601 of this title. (2) Providing funds to eligible States pursuant to sections 10602 and 10603 of this title. (3) Establishing programs in accordance with section 10603(c) of this title on terms and conditions determined by the Director to be consistent with that subsection. (4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims. (5) Such other functions as the Attorney General may delegate. (Pub. L. 98-473, title II, § 1411, as added Pub. L. 100-690, title VII, § 7123(a), Nov. 18, 1988, 102 Stat. 4420.) REFERENCES IN TEXT This chapter, the last place it appears in subsec. (b), was in the original "this part", which has been translated as reading in the original "this chapter" meaning chapter XIV of title II of Pub. L. 98-473 to reflect the probable intent of Congress because chapter XIV of title II of Pub. L. 98-473 which comprises this chapter, does not contain parts. EFFECTIVE DATE Section not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1990, see section 7129 of Pub. L. 100-690, set out as an Effective Date of 1988 Amendment note under section 10601 of this title. CHAPTER 113-STATE JUSTICE INSTITUTE Sec. 10701. 10702. 10703. Definitions. 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. Board of Directors. (a) Appointment and membership. (d) Compensation; reimbursement for (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 (h) Grounds for removal of members. (j) Open meetings. (k) Duties and functions of Board. Sec. 10704. Officers and employees. (a) Duties of Director; appointment and (b) Compensation. of information require 10705. Grants and contracts. 10706. 10707. 10708. 10709. 10710. 10711. 10712. 10713. (a) Authority of Institute; purposes of grants. (b) Priority in making awards; alterna- (c) Permissible uses of funds. (e) Compliance monitoring and evalua- (f) Independent study of financial and technical assistance programs. 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. 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 politi- Administrative provisions. Records and reports. (a) Reports. (b) Records. (c) Submission of copies of reports to re- Audits. (b) Additional audits; requirements; re- Report by Attorney General. § 10701. Definitions 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; and (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. (Pub. L. 98-620, title II, § 202, Nov. 8, 1984, 98 Stat. 3336.) 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, 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 below and Tables. 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'." § 10702. Establishment of Institute; duties (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 95-017 O- 90- 35 (Vol. 17): QL3 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. 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. (Pub. L. 98-620, title II, § 203, Nov. 8, 1984, 98 Stat. 3336; Pub. L. 99-514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-690, title VII, § 7321(b)(1), Nov. 18, 1988, 102 Stat. 4466; Pub. L. 100-702, title VI, § 601, Nov. 19, 1988, 102 Stat. 4652.) (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 1 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 ap 1 So in original. Probably should be "Conference". point 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. (Pub. L. 98-620, title II, § 204, Nov. 8, 1984, 98 Stat. 3337.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10702 of this title. § 10704. Officers and employees (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. (Pub. L. 98-620, title II, § 205, Nov. 8, 1984, 98 Stat. 3339; Pub. L. 100-690, title VII, § 7321(b)(2), Nov. 18, 1988, 102 Stat. 4466; Pub. L. 100-702, title VI, § 602, Nov. 19, 1988, 102 Stat. 4653.) 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". § 10705. Grants and contracts (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 de scribed 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 shall give priority to grants, cooperative agreements, or contracts with (A) State and local courts and their agencies, 2 (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 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 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 * So in original. The comma probably should be a semicolon. |