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42 U.S.C. § 10702 — Establishment of Institute; duties

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10702 — Establishment of Institute; duties

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Source location: Title 42, Chapter 113, § 10702; chapter-113-state-justice-institute.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10703/a/6&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section170/c/2/B&num=0&edition=prelim) and as an organization described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) which is exempt from taxation under [section 501(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim). 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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; (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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1397m–3 — Adult protective services functions and grant programs

**(a) Secretarial responsibilities** (1) **In general** — The Secretary shall ensure that the Department of Health and Human Services— (A) provides funding authorized by this part to State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders; (B) collects and disseminates data annually relating to the abuse, exploitation, and neglect of elders in coordination with the Department of Justice; (C) develops and disseminates information on best practices regarding, and provides training on, carrying out adult protective services; (D) conducts research related to the provision of adult protective services; and (E) provides technical assistance to States and other entities that provide or fund the provision of adult protective services, including through grants made under subsections (b) and (c). (2) **Authorization of appropriations** — There are authorized to be appropriated to carry out this subsection, $3,000,000 for fiscal year 2011 and $4,000,000 for each of fiscal years 2012 through 2014. **(b) Grants to enhance the provision of adult protective services** (1) **Establishment** — There is established an adult protective services grant program under which the Secretary shall annually award grants to States in the amounts calculated under paragraph (2) for the purposes of enhancing adult protective services provided by States and local units of government. (2) **Amount of payment** (A) *In general* — Subject to the availability of appropriations and subparagraphs (B) and (C), the amount paid to a State for a fiscal year under the program under this subsection shall equal the amount appropriated for that year to carry out this subsection multiplied by the percentage of the total number

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10702 — Establishment of Institute; duties

Page 8073 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10702 Editorial Notes 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 is classified principally to this chap- ter. For complete classification of title II to the Code, see Short Title note below and Tables. AMENDMENTS 1992—Par. (8). Pub. L. 102–528 added par. (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–620, title II, § 216, Nov. 8, 1984, 98 Stat. 3346, provided that: ‘‘The provisions of this title [enacting this chapter and amending section 620 of Title 28, Judi- ciary and Judicial Procedure] shall take effect on Octo- ber 1, 1985.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–372, § 1, Oct. 25, 2004, 118 Stat. 1754, pro- vided that: ‘‘This Act [amending sections 3793, 10703, 10704, and 10713 of this title] may be cited as the ‘State Justice Institute Reauthorization Act of 2004’.’’ SHORT TITLE Pub. L. 98–620, title II, § 201, Nov. 8, 1984, 98 Stat. 3336, 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’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 10702. Establishment of Institute; duties (a) Establishment; purpose; incorporation; pow- ers There is established a private nonprofit cor- poration which shall be known as the State Jus- tice Institute. The purpose of the Institute shall be to further

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