Justice Assistance Act of 1982

(Measure indefinitely postponed in Senate, H.R. 4481 passed in lieu)

Justice Assistance Act of 1982 - Title I: Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by an Assistant Attorney General. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance.

Establishes a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Authorizes appropriations for the Board

Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State.

Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement.

Eliminates the current national priority grant program.

Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded.

Retains the training and manpower development programs.

Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists.

Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance.

Authorizes appropriations for law enforcement assistance for each of FY 1983 through 1986.

Modifies the judicial districts in West Virginia.

Amends the Federal criminal code to add to current penalties for killing officers and employees of the United States penalties for: (1) attempting to kill; and (2) killing, or attempting to kill, any officer or employee of any department or agency within the Intelligence Community.

Establishes as new offenses the murder, manslaughter, assault, threat against, extortion, or kidnapping of: (1) persons given entry into the United States for permanent residence pursuant to the Central Intelligence Agency Act of 1949; and (2) persons present in the United States under intelligence auspices.

Marihuana Cultivation on Federal Lands Crime Act of 1982 - Makes it unlawful for any person to knowingly plant, grow, or cultivate marihuana on Federal land unless authorized by Federal law. Provides a sentence of not less than one year and not more than fifteen years, and a fine of not less than $10,000 and not more than $15,000,000 for a first offense. Provides additional penalties for subsequent offenses.

Title II: State Justice Institute - State Justice Institute Act of 1982 - Establishes the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia.

Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel.

Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems.

Authorizes appropriations for fiscal years 1982 through 1984 to carry out this Title.

Establishes the Presidential Commission on the Bicentennial of the United States Constitution. Requires the Commission to: (1) plan and develop appropriate activities to commemorate the bicentennial of the Constitution; (2) encourage private organizations, and State and local governments to organize and participate in bicentennial activities; (3) coordinate activities throughout all the States; and (4) serve as a clearinghouse for the collection and dissemination of bicentennial information. Directs the Commission to seek assistance from private and governmental agencies and organizations.

Requires the Commission to submit a report of its recommendations to the President, Congress and the Judicial Conference within two years of enactment of this Act and annually until its termination. Terminates the Commission on December 31, 1989.

Authorizes appropriations for FY 1983 and such sums as necessary through FY 1989.