42 U.S.C. § 10704 — Officers and employees

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 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—