42 U.S.C. § 10705 — Grants and contracts

Page 8076 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10705 with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity re- ceiving 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; au- thority of Office of Management and Budget (1) Except as otherwise specifically provided in this chapter, the Institute shall not be consid- ered 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 re- view and submit comments upon the Institute’s annual budget request at the time it is trans- mitted to the Congress. (3) The Institute may purchase goods and serv- ices from the General Services Administration in order to carry out its functions. (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 con- sidered 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 fol- lowing 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 in- surance), notwithstanding section 8914 of such title. The Institute shall make contributions under the provisions referred to in this sub- section 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; Pub. L. 108–372, § 3(a), (b), Oct. 25, 2004, 118 Stat. 1754.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2) and (c)(1), (2), 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 2004—Subsec. (c)(3). Pub. L. 108–372, § 3(a), added par. (3). Subsec. (d)(2). Pub. L. 108–372, § 3(b), inserted ‘‘, notwithstanding section 8914 of such title’’ after ‘‘(relating to health insurance)’’. 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title. § 10705. Grants and contracts (a) Authority of Institute; purposes of grants The Institute is authorized to award grants and enter into cooperative agreements or con- tracts, in a manner consistent with subsection (b), in order to— (1) conduct research, demonstrations, or spe- cial 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 pro- vided, for the preparation, publication, and dissemination of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Cen- ter, with respect to the purposes of this chap- ter; (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 ex- tent 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 con- sulting capacity to State and local justice sys- tem agencies in the development, mainte- nance, and coordination of criminal, civil, and juvenile justice programs and services; and (7) be responsible for the certification of na- tional programs that are intended to aid and improve State judicial systems. (b) Priority in making awards; alternative recipi- ents; approval of applications; receipt and administration of funds; accountability The Institute is empowered to award grants and enter into cooperative agreements or con- tracts as follows: (1) The Institute may award grants to or enter into cooperative agreements or con- tracts with— (A) State and local courts and their agen- cies; (B) national nonprofit organizations con- trolled 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 con- tracts with— Page 8077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10705 1 So in original. Probably should be ‘‘and’’. 2 So in original. Probably should be ‘‘to conduct’’. (A) other nonprofit organizations with ex- pertise in judicial administration; (B) institutions of higher education; (C) individuals, partnerships, firms, or cor- porations; and (D) private agencies with expertise in judi- cial administration. (3) Upon application by an appropriate State or local agency or institution and if the ar- rangements to be made by such agency or in- stitution will provide services which could not be provided adequately through nongovern- mental 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 pur- poses 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, coopera- tive agreements, or contracts awarded under this section may be used— (1) to assist State and local court systems in establishing appropriate procedures for the se- lection and removal of judges and other court personnel and in determining appropriate lev- els of compensation; (2) to support education and training pro- grams for judges and other court personnel, for the performance of their general duties and for specialized functions, and to support na- tional 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 ap- proaches, and to conduct evaluations of their effectiveness; (4) to support studies of the appropriateness of 1 efficacy of court organization and financ- ing structures in particular States, and to en- able States to implement plans for improved court organization and finance; (5) to support State court planning and budgeting staffs and to provide technical as- sistance 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 innova- tive responses to problems of record manage- ment, data processing, court personnel man- agement, reporting and transcription of court proceedings, and juror utilization and manage- ment; (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 meas- uring 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 pro- cedures, discovery devices, and evidentiary standards, to identify problems with the oper- ation of such rules, procedures, devices, and standards, to devise alternative approaches to better reconcile the requirements of due proc- ess with the need for swift and certain justice, and to test the utility of those alternative ap- proaches; (11) to support studies of the outcomes of cases in selected subject matter areas to iden- tify instances in which the substance of jus- tice 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 treat- ment of witnesses, victims, and jurors, and de- velopment of procedures for obtaining and using measures of public satisfaction with court processes to improve court performance; (13) to test and evaluate experimental ap- proaches to providing increased citizen access to justice, including processes which reduce the cost of litigating common grievances and alternative techniques and mechanisms for re- solving 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 inves- tigation and research carried out under sub- paragraph (A), and the curricula developed under subparagraph (B), to State courts; and (15) to carry out such other programs, con- sistent 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 govern- ment) is the recipient, the requirement that the recipient provide a match, from private or pub- lic 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 Page 8078 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10706 highest court of the State and a majority of the Board of Directors. (e) Compliance monitoring and evaluation by In- stitute The Institute shall monitor and evaluate, or provide for independent evaluations of, pro- grams supported in whole or in part under this chapter to ensure that the provisions of this chapter, the bylaws of the Institute, and the ap- plicable rules, regulations, and guidelines pro- mulgated 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. (Pub. L. 98–620, title II, § 206, Nov. 8, 1984, 98 Stat. 3340; Pub. L. 100–690, title VII, § 7321(b)(3), (4), Nov. 18, 1988, 102 Stat. 4466, 4467; Pub. L. 100–702, title VI, §§ 603, 604, Nov. 19, 1988, 102 Stat. 4653; Pub. L. 102–528, §§ 2, 3(2), Oct. 27, 1992, 106 Stat. 3461, 3462; Pub. L. 102–572, title VIII, §§ 802, 803(b), Oct. 29, 1992, 106 Stat. 4515, 4516.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (3), (4), (b)(4), (c)(15), (e), 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. (b)(1). Pub. L. 102–572, § 802(1), sub- stituted ‘‘may award grants to or enter into coopera- tive agreements or contracts’’ for ‘‘shall give priority to grants, cooperative agreements, or contracts’’ in in- troductory provisions and substituted semicolon for comma in subpar. (A). Subsec. (b)(2). Pub. L. 102–572, § 802(2), inserted ‘‘to’’ after ‘‘award grants’’. Subsec. (b)(3). Pub. L. 102–572, § 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 agree- ment or contract with a unit of Federal, State, or local government other than a court.’’ Subsec. (b)(4), (5). Pub. L. 102–572, § 802(4), (5), added par. (4) and redesignated former par. (4) as (5). Subsec. (c)(3). Pub. L. 102–528, § 3(2), struck out ‘‘judi- cial and’’ before ‘‘nonjudicial’’ the second place appear- ing. Subsec. (c)(4) to (6). Pub. L. 102–528, § 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, § 803(b), substituted ‘‘af- fect’’ for ‘‘effect’’. Pub. L. 102–528, § 3(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (c)(8) to (12). Pub. L. 102–528, § 3(2)(B), redesig- nated pars. (7) to (11) as (8) to (12), respectively. Former par. (12) redesignated (13). Subsec. (c)(13). Pub. L. 102–528, § 3(2)(B), redesignated par. (12) as (13). Former par. (13) redesignated (14). Pub. L. 102–528, § 2, added par. (13) and redesignated former par. (13) as (14). Subsec. (c)(14). Pub. L. 102–528, § 3(2)(B), redesignated par. (13) as (14). Former par. (14) redesignated (15). Pub. L. 102–528, § 2, redesignated par. (13) as (14). Subsec. (c)(15). Pub. L. 102–528, § 3(2)(B), redesignated par. (14) as (15). 1988—Subsec. (c)(3). Pub. L. 100–702, § 603(1), inserted ‘‘judicial and’’ before ‘‘nonjudicial’’. Pub. L. 100–690, § 7321(b)(3)(A), inserted ‘‘judicial and’’ before ‘‘nonjudicial’’. Subsec. (c)(4) to (15). Pub. L. 100–702, § 603(2), (3), which directed the striking out of par. (4) and redesig- nation 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, § 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 par- ticular States, and to enable States to implement plans for improved court organization and finance;’’. Pub. L. 100–690, § 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, § 604, which directed the substitution of ‘‘court (or other unit of State or local government)’’ for ‘‘judicial system’’, could not be exe- cuted due to prior amendment by Pub. L. 100–690, § 7321(b)(4). See below. Pub. L. 100–690, § 7321(b)(4), substituted ‘‘court (or other unit of State or local government)’’ for ‘‘judicial system’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title. § 10706. Limitations on grants and contracts (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 Ex- ecutive order or similar promulgation by any Federal, State, or local agency, or to under- take 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 ref- erendum, unless a governmental agency, legis- lative body, a committee, or a member there- of— (A) requests personnel of the recipients to testify, draft, or review measures or to make representations to such agency, body, com- mittee, or member; or (B) is considering a measure directly af- fecting the activities under this chapter of the recipient or the Institute; and (2) ensure all personnel engaged in grant, co- operative agreement or contract assistance ac- tivities supported in whole or part by the In- stitute refrain, while so engaged, from any partisan political activity.