
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10702]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 113--STATE JUSTICE INSTITUTE
 
Sec. 10702. Establishment of Institute; duties


(a) Establishment; purpose; incorporation; powers

    There is established a private nonprofit corporation which shall be 
known as the State Justice Institute. The purpose of the Institute shall 
be to further the development and adoption of improved judicial 
administration in State courts in the United States. The Institute may 
be incorporated in any State pursuant to section 10703(a)(6) of this 
title. To the extent consistent with the provisions of this chapter, the 
Institute may exercise the powers conferred upon a nonprofit corporation 
by the laws of the State in which it is incorporated.

(b) Duties

    The Institute shall--
        (1) direct a national program of assistance designed to assure 
    each person ready access to a fair and effective system of justice 
    by providing funds to--
            (A) State courts;
            (B) national organizations which support and are supported 
        by State courts; and
            (C) any other nonprofit organization that will support and 
        achieve the purposes of this chapter;

        (2) foster coordination and cooperation with the Federal 
    judiciary in areas of mutual concern;
        (3) promote recognition of the importance of the separation of 
    powers doctrine to an independent judiciary; and
        (4) encourage education for judges and support personnel of 
    State court systems through national and State organizations, 
    including universities.

(c) Duplication of functions; responsibility of State agencies

    The Institute shall not duplicate functions adequately performed by 
existing nonprofit organizations and shall promote, on the part of 
agencies of State judicial administration, responsibility for the 
success and effectiveness of State court improvement programs supported 
by Federal funding.

(d) Maintenance of offices in State of incorporation; agent for receipt 
        of service of process

    The Institute shall maintain its principal offices in the State in 
which it is incorporated and shall maintain therein a designated agent 
to accept service of process for the Institute. Notice to or service 
upon the agent shall be deemed notice to or service upon the Institute.

(e) Tax status of Institute and programs assisted thereby

    The Institute, and any program assisted by the Institute, shall be 
eligible to be treated as an organization described in section 
170(c)(2)(B) of title 26 and as an organization described in section 
501(c)(3) of title 26 which is exempt from taxation under section 501(a) 
of title 26. If such treatments are conferred in accordance with the 
provisions of title 26, the Institute, and programs assisted by the 
Institute, shall be subject to all provisions of title 26 relevant to 
the conduct of organizations exempt from taxation.

(f) Rules, regulations, etc.; notice and comment

    The Institute shall afford notice and reasonable opportunity for 
comment to interested parties prior to issuing rules, regulations, 
guidelines, and instructions under this chapter, and it shall publish in 
the Federal Register all rules, regulations, guidelines, and 
instructions.

(Pub. L. 98-620, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3336; Pub. 
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-690, title 
VII, Sec. 7321(b)(1), Nov. 18, 1988, 102 Stat. 4466; Pub. L. 100-702, 
title VI, Sec. 601, Nov. 19, 1988, 102 Stat. 4652; Pub. L. 102-528, 
Sec. 3(1), Oct. 27, 1992, 106 Stat. 3462.)


                               Amendments

    1992--Subsec. (f). Pub. L. 102-528 struck out at end ``The 
publication of a substantive rule shall not be made less than thirty 
days before the effective date of such rule, except as otherwise 
provided by the Institute for good cause found and published with the 
rule.''
    1988--Subsec. (f). Pub. L. 100-690 and Pub. L. 100-702 made 
substantially identical amendments, striking out ``, 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 codification was translated as ``title 26'' thus 
requiring no change in text.


                       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 INSTITUTE.
    ``The State Justice Institute shall--
        ``(1) collect nationwide and analyze information regarding--
            ``(A) the admissibility and quality of expert testimony 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, particularly in cases 
        involving indigent women defendants,
        ``(2) develop training materials to assist--
            ``(A) battered women, operators of domestic violence 
        shelters, battered women's advocates, and attorneys to use such 
        expert testimony in appropriate cases, particularly appropriate 
        cases involving indigent 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 training materials, 
    and provide related technical assistance, to battered women, such 
    operators, such advocates, 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 10712 of this title.
