
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: 42USC10705]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 113--STATE JUSTICE INSTITUTE
 
Sec. 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) of this section, 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 local courts and their agencies;
            (B) national nonprofit organizations controlled 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 
    contracts with--
            (A) other nonprofit organizations with expertise in judicial 
        administration;
            (B) institutions of higher education;
            (C) individuals, partnerships, firms, or corporations; and
            (D) private agencies with expertise in judicial 
        administration.

        (3) Upon application by an appropriate 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 agreement or contract with 
    a unit of State or local government other than a court.
        (4) The Institute may enter into contracts with Federal agencies 
    to carry out the purposes of this chapter.
        (5) Each application for funding by a State or local court shall 
    be approved, consistent with State law, by the State's supreme 
    court, or its designated agency or council, which shall receive, 
    administer, and be accountable for all funds awarded by the 
    Institute to such courts.

(c) Permissible uses of funds

    Funds available pursuant to grants, cooperative agreements, or 
contracts awarded under this section may be used--
        (1) to assist State and local court systems in establishing 
    appropriate procedures for the selection and removal of judges and 
    other court personnel and in determining appropriate levels of 
    compensation;
        (2) to support education and training programs for judges and 
    other court personnel, for the performance of their general duties 
    and for specialized functions, and to support national and regional 
    conferences and seminars for the dissemination of information on new 
    developments and innovative techniques;
        (3) to conduct research on alternative means for using judicial 
    and nonjudicial personnel in court decisionmaking activities, to 
    implement demonstration programs to test innovative approaches, and 
    to conduct evaluations of their effectiveness;
        (4) to support studies of the appropriateness of \1\ efficacy of 
    court organization and financing structures in particular States, 
    and to enable States to implement plans for improved court 
    organization and finance;
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    \1\ So in original. Probably should be ``and''.
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        (5) to support State court planning and budgeting staffs and to 
    provide technical assistance in resource allocation and service 
    forecasting techniques;
        (6) to support studies of the adequacy of court management 
    systems in State and local courts and to implement and evaluate 
    innovative responses to problems of record management, data 
    processing, court personnel management, reporting and transcription 
    of court proceedings, and juror utilization and management;
        (7) to collect and compile statistical data and other 
    information on the work of the courts and on the work of other 
    agencies which relate to and affect the work of courts;
        (8) to conduct studies of the causes of trial and appellate 
    court delay in resolving cases, and to establish and evaluate 
    experimental programs for reducing case processing time;
        (9) to develop and test methods for measuring the performance of 
    judges and courts and to conduct experiments in the use of such 
    measures to improve the functioning of such judges and courts;
        (10) to support studies of court rules and procedures, discovery 
    devices, and evidentiary standards, to identify problems with the 
    operation of such rules, procedures, devices, and standards, to 
    devise alternative approaches to better reconcile the requirements 
    of due process with the need for swift and certain justice, and to 
    test the utility of those alternative approaches;
        (11) to support studies of the outcomes of cases in selected 
    subject matter areas to identify instances in which the substance of 
    justice meted out by the courts diverges from public expectations of 
    fairness, consistency, or equity, to propose alternative approaches 
    to the resolving of cases in problem areas, and to test and evaluate 
    those alternatives;
        (12) to support programs to increase court responsiveness to the 
    needs of citizens through citizen education, improvement of court 
    treatment of witnesses, victims, and jurors, and development of 
    procedures for obtaining and using measures of public satisfaction 
    with court processes to improve court performance;
        (13) to test and evaluate experimental approaches to providing 
    increased citizen access to justice, including processes which 
    reduce the cost of litigating common grievances and alternative 
    techniques and mechanisms for resolving disputes between citizens;
        (14) conduct \2\ not more than 5 projects at an aggregate cost 
    of not to exceed $600,000--
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    \2\ So in original. Probably should be ``to conduct''.
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            (A) to investigate, and carry out research regarding State 
        judicial decisions relating to child custody litigation 
        involving domestic violence;
            (B) to develop training curricula to assist State courts to 
        develop an understanding of, and appropriate responses to, child 
        custody litigation involving domestic violence; and
            (C) to disseminate the results of the investigation and 
        research carried out under subparagraph (A), and the curricula 
        developed under subparagraph (B), to State courts; and

        (15) to carry out such other programs, consistent with the 
    purposes of this chapter, as may be deemed appropriate by the 
    Institute.

(d) Matching fund requirements

    The Institute shall incorporate in any grant, cooperative agreement, 
or contract awarded under this section in which a State or local court 
(or other unit of State or local government) is the recipient, the 
requirement that the recipient provide a match, from private or public 
sources, not less than 50 per centum of the total cost of such grant, 
cooperative agreement, or contract, except that such requirement may be 
waived in exceptionally rare circumstances upon the approval of the 
chief justice of the highest court of the State and a majority of the 
Board of Directors.

(e) Compliance monitoring and evaluation by Institute

    The Institute shall monitor and evaluate, or provide for independent 
evaluations of, programs supported in whole or in part under this 
chapter to ensure that the provisions of this chapter, the bylaws of the 
Institute, and the applicable rules, regulations, and guidelines 
promulgated 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, Sec. 206, Nov. 8, 1984, 98 Stat. 3340; Pub. 
L. 100-690, title VII, Sec. 7321(b)(3), (4), Nov. 18, 1988, 102 Stat. 
4466, 4467; Pub. L. 100-702, title VI, Secs. 603, 604, Nov. 19, 1988, 
102 Stat. 4653; Pub. L. 102-528, Secs. 2, 3(2), Oct. 27, 1992, 106 Stat. 
3461, 3462; Pub. L. 102-572, title VIII, Secs. 802, 803(b), Oct. 29, 
1992, 106 Stat. 4515, 4516.)


                               Amendments

    1992--Subsec. (b)(1). Pub. L. 102-572, Sec. 802(1), substituted 
``may award grants to or enter into cooperative agreements or 
contracts'' for ``shall give priority to grants, cooperative agreements, 
or contracts'' in introductory provisions and substituted semicolon for 
comma in subpar. (A).
    Subsec. (b)(2). Pub. L. 102-572, Sec. 802(2), inserted ``to'' after 
``award grants''.
    Subsec. (b)(3). Pub. L. 102-572, Sec. 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 agreement or contract with a unit of Federal, State, or 
local government other than a court.''
    Subsec. (b)(4), (5). Pub. L. 102-572, Sec. 802(4), (5), added par. 
(4) and redesignated former par. (4) as (5).
    Subsec. (c)(3). Pub. L. 102-528, Sec. 3(2), struck out ``judicial 
and'' before ``nonjudicial'' the second place appearing.
    Subsec. (c)(4) to (6). Pub. L. 102-528, Sec. 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, Sec. 803(b), substituted ``affect'' 
for ``effect''.
    Pub. L. 102-528, Sec. 3(2)(B), redesignated par. (6) as (7). Former 
par. (7) redesignated (8).
    Subsec. (c)(8) to (12). Pub. L. 102-528, Sec. 3(2)(B), redesignated 
pars. (7) to (11) as (8) to (12), respectively. Former par. (12) 
redesignated (13).
    Subsec. (c)(13). Pub. L. 102-528, Sec. 3(2)(B), redesignated par. 
(12) as (13). Former par. (13) redesignated (14).
    Pub. L. 102-528, Sec. 2, added par. (13) and redesignated former 
par. (13) as (14).
    Subsec. (c)(14). Pub. L. 102-528, Sec. 3(2)(B), redesignated par. 
(13) as (14). Former par. (14) redesignated (15).
    Pub. L. 102-528, Sec. 2, redesignated par. (13) as (14).
    Subsec. (c)(15). Pub. L. 102-528, Sec. 3(2)(B), redesignated par. 
(14) as (15).
    1988--Subsec. (c)(3). Pub. L. 100-702, Sec. 603(1), inserted 
``judicial and'' before ``nonjudicial''.
    Pub. L. 100-690, Sec. 7321(b)(3)(A), inserted ``judicial and'' 
before ``nonjudicial''.
    Subsec. (c)(4) to (15). Pub. L. 100-702, Sec. 603(2), (3), which 
directed the striking out of par. (4) and redesignation 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, Sec. 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 particular States, and to enable States to implement plans 
for improved court organization and finance;''.
    Pub. L. 100-690, Sec. 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, Sec. 604, which directed the 
substitution of ``court (or other unit of State or local government)'' 
for ``judicial system'', could not be executed due to prior amendment by 
Pub. L. 100-690, Sec. 7321(b)(4). See below.
    Pub. L. 100-690, Sec. 7321(b)(4), substituted ``court (or other unit 
of State or local government)'' for ``judicial system''.

                  Section Referred to in Other Sections

    This section is referred to in section 10703 of this title.
