Justice System Improvement Act of 1979

(Conference report filed in House, H. Rept. 96-695 (Second Conference Report))

Justice System Improvement Act of 1979 - Restates and amends in its entirety title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Law Enforcement Assistance). Sets forth the purposes of the Act.

Retains within the Department of Justice under the general authority of the Attorney General (as currently provided) the Law Enforcement Assistance Administration (LEAA). Specifies the duties of the Administrator of the LEAA, including: (1) the provision of financial and technical assistance to State and local governments according to the national criminal justice priorities set forth jointly by the Director of the Office of Justice Assistance, Research, and Statistics (OJARS), established by this Act, and the Administrator; (2) the provision of technical assistance for victim-witness assistance activities and the post-arrest identification and prosecution of career criminals; and (3) the provision of financial and technical assistance for the development of operational information and telecommunications systems.

Retains within the LEAA the Office of Community Anti-Crime Programs under the direction of the Administrator. Specifies the duties of the Office, including the administering of grants made by the LEAA and the provision of technical assistance to enable the community to identify and alleviate crime-related problems, and the review of formula grant applications.

Establishes with the Department and independent of the LEAA the National Institute of Justice (NIJ) to promote research and demonstration efforts for the purpose of: (1) improving Federal, State, and local criminal justice systems and related aspects of the civil justice system; (2) preventing and reducing crimes; (3) insuring citizen access to appropriate dispute-resolution forums; (4) improving efforts to combat white-collar crime and public corruption; and (5) identifying programs of proven effectiveness and programs offering a high probability of improving the functioning of the criminal justice system.

Provides for the appointment of the Director of the NIJ by the President. Specifies the functions of the NIJ, including among others: (1) making grants to public agencies, institutions of higher education, and private organizations or individuals to carry out its functions; (2) developing new methods for the prevention and reduction of parental kidnapping; (3) research into the problems of victims and witnesses of crimes and the feasibility of increasing victims' participation in the criminal justice process; (4) creating and implementing a comprehensive national strategy to combat white-collar crime and public corruption; (5) the submission of a biennial report to the President and Congress on the state of justice research; and (6) making recommendations concerning national priority and discretionary grants. Authorizes the Director to engage in certain activities to insure the the coordination of justice research.

Establishes a 21-member National Institute of Justice Advisory Board to be appointed by the President to review and make recommendations to the NIJ with respect to its activities, policies, and priorities, and to create formal peer review procedures over selected categories of grants where necessary. Gives non-voting membership to the Directors of the NIJ and the Bureau of Justice Statistics, and the administrators of the LEAA and the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Limits the number of full-time Federal, State, or local government employees who can serve on the Board.

Establishes within the Department under the general authority of the Attorney General and independent of the LEAA the Bureau of Justice Statistics (BJS) to promote the collection and analysis of statistical information concerning crime, juvenile delinquency, the operation of the criminal justice system, and related aspects of the civil justice system. Directs the Bureau to utilize to the maximum extent feasible State governmental organizations and facilities responsible for such data and to give primary emphasis to the problems of State and local justice systems.

Provides for the appointment of the Director of the BJS by the President. Specifies the functions of the BJS, including among others: (1) making grants to public agencies, institutions of higher education, and private organizations or individuals to carry out its functions; (2) providing information to the President, Congress, the judiciary, State and local governments, and the general public on justice statistics; (3) recommending national standards for justice statistics; and (4) collecting information concerning criminal victimization, crimes against the elderly, civil disputes, white-collar crime, and public corruption.

Establishes a 21-member Bureau of Justice Statistics Advisory Board, to be appointed by the Attorney General, to review and make recommendations to the BJS with respect to its activities, policies, and priorities. Gives non-voting membership to the Directors of the BJS and the NIJ, and the administrators of the LEAA and the OJJDP. Limits the number of full-time Federal, State, or local government employees who can serve on the Board.

Prohibits the use of statistical data collected by the BJS for any purpose relating to a particular individual other than a statistical or research purpose.

Specifies 22 purposes for which law enforcement assistance formula grants may be made to State and local governments, including any innovative program of proven effectiveness or which offers a high probability of improving the functioning of the criminal justice system.

Allows formula grants for fiscal year 1980 to be up to 100 percent of program costs and for subsequent fiscal years to be up to 90 percent of costs (unless budgetary restraints prevent the recipient from providing the remainder or in the case of Indian tribes or other aboriginal groups not having sufficient funds). Requires a formula grant recipient to assume the cost of improvements funded after a reasonable period of assistance, unless the Administrator determines that such recipient is unable to do so because of budgetary restraints.

Requires the LEAA to allocate $200,000 (plus an additional amount of at least $50,000 with respect to judicial coordinating committees) for administrative purposes without a requirement for match to the State criminal justice councils, judicial coordinating committees, and local offices. Allows an additional 7.5 percent of a State's total allocation to be used for administrative costs.

Defines the eligibility requirements for receiving formula grants. Includes a county or municipality which has a population of at least 100,000 and at least .15 percent of total State and local criminal justice expenditures, and any combination of contiguous local government units having a population of at least 100,000 (but only if such unit or combination would receive more than $50,000).

Requires each State to designate by law and maintain a criminal justice council, appointed by the Governor, for the purposes of: (1) establishing and publishing priorities with respect to criminal justice problems; (2) preparing a comprehensive State application reflecting objectives and projected grant programs; (3) approving or disapproving, coordinating, and monitoring applications submitted by State agencies, the judicial coordinating committee, and local governments; (4) preparing an annual report for the Governor and State legislature; and (5) providing and performing other technical assistance, information services, auditing and evaluation, and related activities. Specifies the composition of such councils, including a requirement that they represent: (1) eligible jurisdictions; (2) smaller units of local government; (3) representatives of the various components of the criminal justice system; (4) the general public; and (5) the judiciary.

Sets forth requirements for applications from eligible jurisdictions to a council, including that such applications: (1) conform to overall priorities and to uniform administrative requirements consistent with LEAA guidelines; (2) be acted upon within 30 days; and (3) be subject to appeal in accordance with council procedures.

Requires each eligible jurisdiction to designate a criminal justice advisory board, appointed by the chief executive of the jurisdiction, for the purpose of advising on criminal justice problems and applications by eligible jurisdictions, and assuring an adequate allocation of funds for court and corrections programs.

Authorizes the court of last resort of each State to designate a judicial coordinating committee (to replace the current judicial planning committees) for the purpose of preparing and submitting to the council a three-year application for court improvements. Directs the council to make available to such committee at least $50,000 of the assistance provided to such council for each fiscal year.

Sets forth requirements for applications from councils to the LEAA (reducing the number of such requirements currently specified), including that planning statements be submitted triennially, instead of annually.

Prohibits formula grants from being used for: (1) hardware acquisition, unless such purchase is an incidental and necessary part of a program of proven effectiveness or offering a high probability of improving the criminal justice system (including bulletproof vests); (2) general salary payments, except with respect to training or research; (3) construction projects; and (4) programs offering a low probability of improving the criminal justice system.

Allocates 80 percent of total assistance to formula grants. Sets a minimum grant of $300,000 to each participating State, and bases the allocation of the balance on the larger yield of two formulas according to: (1) State population (the basis under current law); or (2) State population, crime rate, criminal justice expenditures, and State taxes. Allocates such funds to the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands on the basis of population data only.

Provides for State legislative review of council policies and priorities.

Allocates ten percent of total assistance to "National Priority" grants for programs and projects which have been shown to be effective or innovative and to have a likely beneficial impact on criminal justice. Directs the Director of the OJARS and the Administrator of the LEAA to designate priorities jointly after evaluation by the NIJ, BJS, LEAA, State and local governments, and other public and private agencies.

Provides that priority grants shall be 50 percent of program costs (except allocations made under two-part formula grants to equal a State's total allocation may pay 100 percent of such costs). Allows technical assistance to be 100 percent of costs.

Allocates ten percent of total assistance for discretionary grants to State and local governments and private nonprofit organizations for programs and projects, including: (1) educational programs; (2) criminal justice planning and coordination; (3) creation of a comprehensive national strategy to combat white-collar crime and public corruption; (4) court and corrections improvements; (5) organized crime prevention; (6) community crime prevention; (7) disruption of illicit commerce in stolen goods; (8) victim-witness assistance programs; and (9) the development of criminal justice standards.

Allows discretionary grants to be up to 100 percent of program costs. Directs the LEAA to grant assistance to those projects: (1) most clearly satisfying the priorities established by the OJARS and the LEAA; (2) in consideration of disproportionate allocations which may be found; and (3) after taking into account the problems and needs of all States.

Authorizes priority and discretionary grants to be made for a period of three years and extended for an additional two years.

Reauthorizes the Law Enforcement Education Program (LEEP), allowing the LEAA to establish: (1) training programs for State and local government attorneys engaged in the prosecution of white-collar and organized crime, and other State and local criminal justice personnel; and (2) academic educational assistance programs. Authorizes the Director of the FBI to conduct training programs and carry on other activities to improve criminal justice. Allows funds to be used for the transportation costs of trainees at the FBI National Academy.

Establishes within the Department under the general authority and policy control of the Attorney General an Office of Justice Assistance, Research, and Statistics to provide staff support to, and coordinate the activities of, the LEAA, the NIJ, and the BJS. Provides for the appointment of the Director of the OJARS by the President.

Requires the Director of the OJARS to submit: (1) within four years of the date of enactment to the congressional judiciary committees a report setting forth comprehensive statistics indicating whether the grant programs provided by this Act have made a reasonably expected contribution toward 18 specified criminal justice objectives; and (2) within 270 days of enactment a plan to analyze in objective terms progress in such areas.

Sets forth administrative provisions which are generally comparable to current law, with certain exceptions, including revision of the content of the annual report to the President and Congress to require a description of equipment costing in the aggregate of $100,000 under the formula grant program and the current status of such equipment.

Provides for appellate review of all denials of grant applications following the requisite administrative procedures.

Establishes within the LEAA a revolving fund for the purpose of supporting projects that will acquire stolen goods and property to disrupt illicit commerce in such goods and property.

Requires criminal intelligence systems operating through support under this title to conform with policy standards prescribed by the OJARS.

Allows Federal funding of law enforcement activities in the District of Columbia to be used to provide non-Federal match requirements.

Stipulates that the authority of any entity established under this title extends to only those civil justice matters bearing directly and substantially upon criminal justice matters.

Authorizes the LEAA to require grantees to make reimbursement for equipment costing over $100,000 which is not put into use within one year.

Exempts goods, wares, or merchandise manufactured, produced, or mined by convicts or prisoners participating in a program of not more than seven pilot projects designated by the Administrator of LEAA from the prohibition against the interstate commerce of convict labor and the Federal ban against sales to the Federal Government by State prison programs. Requires consultation with local labor union organizations. Stipulates that no employed or qualified workers in the locality be displaced before such exemptions apply.

Authorizes appropriations in the amount of $25,000,000 for each of fiscal years 1980 through 1983 to carry out the functions of each of the following entities: the BJS, the NIJ, and the Office of Community Anti-Crime Programs. Authorizes $750,000,000 for each of fiscal years 1980 through 1983 for the grant programs and functions of the LEAA.

Continues the existing program of public safety officers' death benefits.

Sets forth transitional provisions, including authorization for continued funding of construction projects which were funded under current law and anticipated additional Federal appropriations.