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42 U.S.C. § 10703 — Board of Directors

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

42 U.S.C. § 10703 — Board of Directors

Page 8074 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10703 ‘‘, at least thirty days prior to their effective date,’’ after ‘‘Federal Register’’ and inserting sentence at end relating to publication of a substantive rule. 1986—Subsec. (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ wherever appearing, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. 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. BATTERED WOMEN’S TESTIMONY Pub. L. 102–527, Oct. 27, 1992, 106 Stat. 3459, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Battered Women’s Testimony Act of 1992’. ‘‘SEC. 2. AUTHORITY OF STATE JUSTICE INSTI- TUTE. ‘‘The State Justice Institute shall— ‘‘(1) collect nationwide and analyze information re- garding— ‘‘(A) the admissibility and quality of expert testi- mony on the experiences of battered women offered as part of the defense in criminal cases under State law, and ‘‘(B) sources of, and methods to obtain, funds to pay costs incurred to provide such testimony, par- ticularly in cases involving indigent women defend- ants, ‘‘(2) develop training materials to assist— ‘‘(A) battered women, operators of domestic vio- lence shelters, battered women’s advocates, and at- torneys to use such expert testimony in appropriate cases, particularly appropriate cases involving indi- gent women defendants, and ‘‘(B) individuals with expertise in the experiences of battered women to develop skills appropriate to providing such expert testimony, and ‘‘(3) disseminate such information and such train- ing materia

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Page 8074 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10703 ‘‘, at least thirty days prior to their effective date,’’ after ‘‘Federal Register’’ and inserting sentence at end relating to publication of a substantive rule. 1986—Subsec. (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ wherever appearing, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. 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. BATTERED WOMEN’S TESTIMONY Pub. L. 102–527, Oct. 27, 1992, 106 Stat. 3459, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Battered Women’s Testimony Act of 1992’. ‘‘SEC. 2. AUTHORITY OF STATE JUSTICE INSTI- TUTE. ‘‘The State Justice Institute shall— ‘‘(1) collect nationwide and analyze information re- garding— ‘‘(A) the admissibility and quality of expert testi- mony on the experiences of battered women offered as part of the defense in criminal cases under State law, and ‘‘(B) sources of, and methods to obtain, funds to pay costs incurred to provide such testimony, par- ticularly in cases involving indigent women defend- ants, ‘‘(2) develop training materials to assist— ‘‘(A) battered women, operators of domestic vio- lence shelters, battered women’s advocates, and at- torneys to use such expert testimony in appropriate cases, particularly appropriate cases involving indi- gent women defendants, and ‘‘(B) individuals with expertise in the experiences of battered women to develop skills appropriate to providing such expert testimony, and ‘‘(3) disseminate such information and such train- ing materials, and provide related technical assist- ance, to battered women, such operators, such advo- cates, such attorneys, and such individuals. ‘‘SEC. 3. ADMINISTRATIVE PROVISIONS. ‘‘For purposes of this Act— ‘‘(1) subsections (d) and (e) of section 206 of the State Justice Institute Act of 1984 [42 U.S.C. 10705(d), (e)], and ‘‘(2) subsections (a) and (b) of section 207 of such Act [42 U.S.C. 10706(a), (b)], shall apply in the same manner as such subsections apply with respect to grants and contracts made under such Act [42 U.S.C. 10701 et seq.]. ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated $600,000 to carry out this Act.’’ § 10703. Board of Directors (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 non- judicial members, and shall, to the extent prac- ticable, have a membership representing a vari- ety 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 ap- pointed 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 can- didates submitted to the President by the Con- ference 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 con- siders 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 re- appointed to a new term, and whenever a va- cancy 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 Jus- tices. The President may reject any list of indi- viduals submitted by the Conference under this paragraph and, if such a list is so rejected, the President shall request the Conference to sub- mit 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 appoint four members from the public sector to serve on the Board. (5) The President shall make the initial ap- pointments 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 appoint- ment not later than ninety days after the pre- vious 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 Direc- tors shall be the incorporators of the Institute and shall determine the State in which the In- stitute 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 mem- ber shall be appointed only for such unexpired term, but shall be eligible for reappointment. (3) The term of initial members shall com- mence from the date of the first meeting of the Page 8075 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10704 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 ac- tual and necessary expenses incurred in the per- formance 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; ac- tion 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 concur- rence 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 turpi- tude, 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, act- ing at his own discretion or pursuant to the pe- tition of any seven members. (j) Open meetings All meetings of the Board, any executive com- mittee of the Board (on any occasion on which that committee has been delegated the author- ity to act on behalf of the Board), and any coun- cil 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 activi- ties of the Institute, the Board shall— (1) establish policies and develop such pro- grams 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 Execu- tive 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 depart- ments, agencies, and instrumentalities whose programs or activities relate to the adminis- tration of justice in the State judiciaries of the United States, the recommendations of the Institute for the improvement of such pro- grams or activities; (5) consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States con- sidered 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; Pub. L. 102–572, title VIII, § 803(a), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 108–372, § 3(c), Oct. 25, 2004, 118 Stat. 1754.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(3) and (j), 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 prin- cipally 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. (j). Pub. L. 108–372 inserted ‘‘(on any oc- casion on which that committee has been delegated the authority to act on behalf of the Board)’’ after ‘‘execu- tive committee of the Board’’. 1992—Subsec. (a)(3). Pub. L. 102–572 substituted ‘‘Con- ference’’ for ‘‘conference’’ after ‘‘whom the’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–572, title VIII, § 804, Oct. 29, 1992, 106 Stat. 4516, provided that: ‘‘The provisions of this title [amending this section and sections 10705 and 10713 of this title] shall take effect on the date of the enact- ment of this Act [Oct. 29, 1992].’’ 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. § 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 es- tablished by the Board, shall supervise the ac- tivities 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 respon- sible for the executive and administrative oper- ations 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, pro- moting, or taking any other personnel action

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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. § 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 reclassi

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

42 U.S.C. § 10703 — Board of Directors

**(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 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

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

42 U.S.C. § 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), in order to— (1) conduct research, demonstrations, or special projects pertaining to the purposes described 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 may award grants to or enter into cooperative agreements or contracts with— (A) State and

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

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 se

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

42 U.S.C. § 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 Executive order or similar promulgation by any Federal, State, or local agency, or to undertake 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 referendum, unless a governmental agency, legislative body, a committee, or a member thereof— (A) requests personnel of the recipients to testify, draft, or review measures or to make representations to such agency, body, committee, or member; or (B) is considering a measure directly affecting the activities under this chapter of the recipient or the Institute; and (2) ensure all personnel engaged in grant, cooperative agreement or contract assistance activities supported in whole or part by the Institute refrain, while so engaged, from any partisan political activity. **(b) Use of funds for training programs for advocacy of nonjudicial public policies or encouraging 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

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

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

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10706

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