42 U.S.C. § 10707 — Restrictions on activities of the Institute

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. Page 8080 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10708 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. § 10708. Administrative provisions (a) The Institute shall prescribe procedures to ensure that financial assistance under this chap- ter shall not be suspended unless the grantee, contractor, person, or entity receiving financial assistance under this chapter has been given reasonable notice and opportunity to show cause why such actions should not be taken. (b) Except as provided by Federal law other than this chapter, no officer or employee of the Institute, and no recipient of assistance under this chapter, may use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which the information was obtained in accordance with this chapter. Such information and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such informa- tion, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings. (Pub. L. 98–620, title II, § 209, Nov. 8, 1984, 98 Stat. 3344; Pub. L. 100–702, title VI, § 606, Nov. 19, 1988, 102 Stat. 4653.) 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 set out under section 10701 of this title and Tables. AMENDMENTS 1988—Pub. L. 100–702 substituted ‘‘Administrative pro- visions’’ for ‘‘Special procedures’’ in section catchline, and amended text generally, changing structure of sec- tion from a single unlettered paragraph to one con- sisting of subsecs. (a) and (b). 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. § 10709. Presidential coordination The President may, to the extent not incon- sistent with any other applicable law, direct that appropriate support functions of the Fed- eral Government may be made available to the Institute in carrying out its functions under this chapter. (Pub. L. 98–620, title II, § 210, Nov. 8, 1984, 98 Stat. 3344.) 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 set out under section 10701 of this title and Tables. 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. § 10710. Records and reports (a) Reports The Institute is authorized to require such re- ports as it deems necessary from any recipient with respect to activities carried out pursuant to this chapter. (b) Records The Institute is authorized to prescribe the keeping of records with respect to funds pro- vided by any grant, cooperative agreement, or contract under this chapter and shall have ac- cess to such records at all reasonable times for the purpose of ensuring compliance with such grant, cooperative agreement, or contract or the terms and conditions upon which financial as- sistance was provided. (c) Submission of copies of reports to recipients; maintenance in principal office of Institute; availability for public inspection; furnishing of copies to interested parties Copies of all reports pertinent to the evalua- tion, inspection, or monitoring of any recipient shall be submitted on a timely basis to such re- cipient, and shall be maintained in the principal office of the Institute for a period of at least five years after such evaluation, inspection, or moni- toring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to inter- ested parties upon payment of such reasonable fees as the Institute may establish. (d) Funds accounted for and reported as receipts and disbursements separate and distinct from Federal funds Non-Federal funds received by the Institute, and funds received for projects funded in part by the Institute or by any recipient from a source other than the Institute, shall be accounted for and reported as receipts and disbursements sepa- rate and distinct from Federal funds. (Pub. L. 98–620, title II, § 211, Nov. 8, 1984, 98 Stat. 3344.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. 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.