42 U.S.C. § 10706 — Limitations on grants and contracts

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. Page 8079 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10707 (b) Use of funds for training programs for advo- cacy of nonjudicial public policies or encour- aging 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 struc- tures, except to remodel existing facilities to demonstrate new architectural or techno- logical techniques, or to provide temporary fa- cilities for new personnel or for personnel in- volved in a demonstration or experimental program. (Pub. L. 98–620, title II, § 207, Nov. 8, 1984, 98 Stat. 3342; Pub. L. 100–702, title VI, § 605, Nov. 19, 1988, 102 Stat. 4653.) Editorial Notes 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. 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 set out under section 17101 of this title and Tables. 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 refund- ing is provided interim funding necessary to maintain its current level of activities until— ‘‘(A) the application for refunding has been ap- proved and funds pursuant thereto received; or ‘‘(B) the application for refunding has been finally denied in accordance with section 10708 of this title.’’ 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. § 10707. Restrictions on activities of the Institute (a) Litigation; interference with independence of State judiciary; funding of State judicial sys- tem activities other than pursuant to this chapter; legislative lobbying The Institute shall not— (1) participate in litigation unless the Insti- tute or a recipient of the Institute is a party, and shall not participate on behalf of any cli- ent 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 agree- ment, or contract with the Institute, con- sistent with the requirements of this chapter; or (3) undertake to influence the passage or de- feat of any legislation by the Congress of the United States or by any State or local legisla- tive body, except that personnel of the Insti- tute 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 ap- propriations directly affecting the activities of the Institute; or (C) in connection with legislation or ap- propriations dealing with improvements in the State judiciary, consistent with the pro- visions of this chapter. (b) Issuance of shares of stock; declaration of dividends; compensation for services; reim- bursement 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 Insti- tute shall enure to the benefit of any director, officer, or employee, except as reasonable com- pensation for services or reimbursement for ex- penses. (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 ac- tivities 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 associ- ated with a political party or association, or the campaign of any candidate for public or party office. (Pub. L. 98–620, title II, § 208, Nov. 8, 1984, 98 Stat. 3343.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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.