HR 8093 — Countering Threats and Attacks on Our Judges Act

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.

(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 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 ...