42 U.S.C. § 10701 — Definitions

Page 8072 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10603c § 10603c. Transferred Editorial Notes CODIFICATION Section 10603c was editorially reclassified as section 20106 of Title 34, Crime Control and Law Enforcement. § 10603d. Transferred Editorial Notes CODIFICATION Section 10603d was editorially reclassified as section 20107 of Title 34, Crime Control and Law Enforcement. § 10603e. Transferred Editorial Notes CODIFICATION Section 10603e was editorially reclassified as section 20108 of Title 34, Crime Control and Law Enforcement. § 10603f. Transferred Editorial Notes CODIFICATION Section 10603f was editorially reclassified as section 20109 of Title 34, Crime Control and Law Enforcement. § 10604. Transferred Editorial Notes CODIFICATION Section 10604 was editorially reclassified as section 20110 of Title 34, Crime Control and Law Enforcement. Statutory Notes and Related Subsidiaries REPORTS ON AMOUNTS RECEIVED AND DISTRIBUTED FROM FINES FOR VIOLATIONS OF TRADE SECRETS PROVISIONS Pub. L. 104–294, title I, § 101(c), Oct. 11, 1996, 110 Stat. 3491, required the Attorney General to report to Con- gress no later than 2 years and 4 years after Oct. 11, 1996, on fines for offenses under chapter 90 of title 18 de- posited in the Crime Victims Fund. § 10605. Transferred Editorial Notes CODIFICATION Section 10605 was editorially reclassified as section 20111 of Title 34, Crime Control and Law Enforcement. § 10606. Repealed. Pub. L. 108–405, title I, § 102(c), Oct. 30, 2004, 118 Stat. 2264 Section, Pub. L. 101–647, title V, § 502, Nov. 29, 1990, 104 Stat. 4820, related to rights of crime victims. See sec- tion 3771 of Title 18, Crimes and Criminal Procedure. § 10607. Transferred Editorial Notes CODIFICATION Section 10607 was editorially reclassified as section 20141 of Title 34, Crime Control and Law Enforcement. § 10608. Transferred Editorial Notes CODIFICATION Section 10608 was editorially reclassified as section 20142 of Title 34, Crime Control and Law Enforcement. § 10609. Transferred Editorial Notes CODIFICATION Section 10609 was editorially reclassified as section 20144 of Title 34, Crime Control and Law Enforcement. CHAPTER 113—STATE JUSTICE INSTITUTE Sec. 10701. Definitions. 10702. Establishment of Institute; duties. 10703. Board of Directors. 10704. Officers and employees. 10705. Grants and contracts. 10706. Limitations on grants and contracts. 10707. Restrictions on activities of Institute. 10708. Administrative provisions. 10709. Presidential coordination. 10710. Records and reports. 10711. Audits. 10712. Report by Attorney General. 10713. Authorization of appropriations. § 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 In- stitute; (5) ‘‘recipient’’ means any grantee, con- tractor, or recipient of financial assistance under this chapter; (6) ‘‘State’’ means any State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mar- iana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; (7) ‘‘Supreme Court’’ means the highest ap- pellate 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 in- jury or physical illness; (ii) rape, sexual assault, or causing in- voluntary 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 part- ners against the other spouse, former spouse, or partner and the 2 of whom share biologi- cal 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 ei- ther of such spouses, former spouses, or part- ners. (Pub. L. 98–620, title II, § 202, Nov. 8, 1984, 98 Stat. 3336; Pub. L. 102–528, § 1, Oct. 27, 1992, 106 Stat. 3461.) 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 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 non- profit 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 pro- viding 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 con- cern; (3) promote recognition of the importance of the separation of powers doctrine to an inde- pendent judiciary; and (4) encourage education for judges and sup- port 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 or- ganizations and shall promote, on the part of agencies of State judicial administration, re- sponsibility for the success and effectiveness of State court improvement programs supported by Federal funding. (d) Maintenance of offices in State of incorpora- tion; agent for receipt of service of process The Institute shall maintain its principal of- fices in the State in which it is incorporated and shall maintain therein a designated agent to ac- cept service of process for the Institute. Notice to or service upon the agent shall be deemed no- tice 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 pro- grams assisted by the Institute, shall be subject to all provisions of title 26 relevant to the con- duct of organizations exempt from taxation. (f) Rules, regulations, etc.; notice and comment The Institute shall afford notice and reason- able opportunity for comment to interested par- ties prior to issuing rules, regulations, guide- lines, and instructions under this chapter, and it shall publish in the Federal Register all rules, regulations, guidelines, and instructions. (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; Pub. L. 102–528, § 3(1), Oct. 27, 1992, 106 Stat. 3462.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b)(1)(C), and (f), 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 chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables. 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