Justice System Improvement Act of 1979

(Measure passed House, amended, roll call #567 (220-54))

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 the provision of financial and technical assistance to State and local governments according to the national criminal and juvenile justice priorities set forth by the Attorney General.

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 for the encouragement of neighborhood and community participation in crime prevention, and the review of formula grant applications. Allocates ten percent of total assistance for such grants and technical assistance.

Establishes within the Department under the direct authority of the Attorney General, 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 and juvenile justice systems; (2) preventing and reducing crimes and unnecessary civil disputes; (3) insuring citizen access to appropriate dispute-resolution forums; and (4) improving efforts to combat white-collar crime and public corruption.

Provides for the appointment of the Director of the NIJ by the President. Specifies the functions of the NIJ, including, among others: (1) creating and implementing a comprehensive national strategy to combat white-collar crime and public corruption; (2) the submission of an annual report to the President and Congress on the state of justice research; (3) making grants to public agencies, institutions of higher education, and private organizations or individuals to carry out its functions; and (4) conducting research on the prevention and treatment of parental kidnapping. Authorizes the Director to engage in certain activities to insure the coordination of justice research.

Establishes a 21-member National Institute of Justice Advisory Board to be appointed by the Attorney General to review and make recommendations to the NIJ with respect to its activities, policies, and priorities.

Establishes within the Department under the direct 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, and civil disputes.

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

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.

Redefines the purposes for which law enforcement assistance formula grants may be made to State and local governments, including programs to: (1) combat organized crime, arson, public corruption, white-collar crime, and fraud against the Government; and (2) assist victims and witnesses (but not including victim compensation programs). Retains the current provision that formula grants may be up to 90 percent of program costs. Makes certain sums available for administrative purposes without a requirement for matching to the State criminal justice councils, judicial coordinating committees, and eligible jurisdictions. Allows certain funds designated to be allocated to a judicial coordinating committee to be allocated to a criminal justice council which performs the functions of a committee when no such committee has been constituted. Sets a ceiling of 7.5 percent of total funding for administrative purposes. Defines the eligibility requirements for receiving formula grants according to population. Provides direct entitlements to cities and counties of more than 100,000 persons.

Permits the use of formula grants to purchase bullet-prof vests.

Makes the Virgin Islands and Guam eligible to receive formula grants.

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 such priorities; (3) approving or disapproving 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 conform to the overall priorities and procedures to be followed in the event that an applicant disagrees with the council's disapproval of its application.

Requires each eligible jurisdiction to designate a criminal justice advisory board, appointed by the chief executive of the jurisdiction, for the purposes of advising the council on priorities, acting on applications by the jurisdiction, 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.

Sets forth requirements for applications from councils to the LEAA (reducing the number of such requirements currently specified 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 an improvement program); (2) general salary payments (except with respect to training or research); (3) construction projects; and (4) programs which have been demonstrated to be ineffective.

Allocates 80 percent of total assistance to formula grants, and bases such allocation 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.

Provides for State legislative review of council policies and priorities.

Allocates ten percent of total assistance to "National Priority" grants for programs and priorities of proven effectiveness designated by the Attorney General.

Sets forth requirements for priority grant applications. Requires the LEAA to publish in the Federal Register procedures for awarding such grants.

Authorizes the LEAA to provide technical assistance to programs and projects funded by national priority grants.

Allocates ten percent of total assistance to discretionary grants to State and local governments and private nonprofit organizations for specified programs and projects, including: (1) educational programs; (2) criminal justice planning; and (3) creation of a comprehensive national strategy to combat white-collar crime and public corruption. Directs the Attorney General to establish and publish in the Federal Register such priority programs and projects.

Sets forth requirements for discretionary grant applications.

Directs the LEAA to grant discretionary assistance to those projects clearly satisfying the priorities established by the Attorney General.

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

Authorizes 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.

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.

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

Requires that the National Institute of Justice Policy Board, the Bureau of Justice Statistics Advisory Board, the State criminal justice councils, and the local criminal justice advisory boards include among their membership representatives of professional organizations.

Authorizes specified appropriations through fiscal year 1982 to carry out the programs of this Act. Retains the requirement that at least 19.15 percent of appropriated funds be used for juvenile delinquency programs. Authorizes appropriations for the functions of the Office of Community Anti-Crime Programs in the amount of $25,000,000 for each of fiscal years 1980 through 1983.

Continues the existing program of public safety officers' death benefits. Extends the coverage of such program to rescue squad personnel.

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