this title. In addition to other matters, such criteria shall include standards for "(1) the persons who shall be eligible for compen sation; "(2) the categories of crimes for which compensation may be ordered; "(3) the losses for which compensation may be ordered; and "(4) such other terms and conditions for the payment of such compensation as the Administration deems and appropriate." necessary SEC. 6. If the provisions of any part of this Act are found invalid or any amendments made thereby or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby. SEC. 7. This Act shall become effective upon the date of enactment. Attest: Secretary. 26 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 8152) to amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to improve law enforcement and criminal justice, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: SHORT TITLE The House bill provided no short title. The Senate amendment proposed the short title "Crime Control Act of 1973." The conference substitute adopts the Senate amendment. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION The House bill provided for the abolition of the two positions of Associate Administrator and vested all administrative and policy authority in the Administrator of LEAA. The bill created a position of Deputy Administrator to assist the Administrator by delegation and to serve as Administrator in the absence or incapacity of the Administrator. The Senate amendment also provided for all authority to be vested in the Administrator, but provided for two Deputy Administrators to be appointed by the President by and with the advice and consent of the Senate. One deputy would assist the Administrator in the areas of policy and operations and would act for him in his absence or incapacity, and the second deputy would be responsible for administrative management functions. The conference substitute adopts the Senate amendment. STATE PLANNING AGENCIES AND REGIONAL PLANNING UNITS The House bill provided that State planning agencies and regional planning units may include citizen, community, and professional organization representatives. The Senate amendment did not so provide, but provided that the majority of the members of any regional planning unit must be elected executive and legislative officials. The conference substitute adopts both the House and Senate approaches and provides permission for representation of citizen, community and professional organizations, and provides that the majority of the members of any regional planning unit must be elected officials. 1 It is important to note that the substitute bill does not create a new position of Administrator of LEAA, and it is contemplated that the present Administrator of LEAA is authorized to continue to serve without the necessity for reconfirmation by the Senate. Similarly, the committee of conference contemplates that incumbent Associate Administrators of LEAA are authorized to fill the positions of Deputy Administrator without the necessity for reconfirmation by the Senate of either of those officials. Congress may devolve upon one already in office different duties which are germane to his office without thereby rendering it necessary that the incumbent should be again nominated, appointed, or confirmed. Cf. Shoemaker v. United States, 147 U.S. 282, 301 (1893). 27 VICTIMS OF VIOLENT CRIME The Senate amendment contained provisions not in the House bill authorizing LEAA funds to be used for State programs to compensate victims of violent crimes. The conference substitute does not include these provisions. The conferees took this action because of the parallel processing of legislation introduced by three distinguished Senators, Mr. McClellan, Mr. Mansfield and Mr. Mondale, that would provide a comprehensive program at the Federal level to compensate innocent victims of violent crime and authorize a similar use of LEAA funds. The bill, S. 300, has already passed the Senate and is now pending before the House Committee on the Judiciary. Congressman Rodino, Chairman of the House Committee on the Judiciary, has also introduced a similar proposal, and as a member of the conference has indicated strong interest in this proposed program as a separate bill. Concern was also expressed that the District of Columbia was not included in the program as proposed in the Senate amendment. However, some members of the conference indicated less than wholehearted support of the program and some voiced firm opposition. INTERSTATE METROPOLITÁN REGIONAL PLANNING UNITS The Senate amendment contained a provision not in the House bill expressly authorizing the use of both Part C discretionary funds and Part C block grant funds for planning grants to interstate metropolitan regional planning units. The conference substitute adopts this provision. JUVENILE JUSTICE The Senate amendment contained provisions not in the House bill which would have required each State to develop, as a part of its. overall criminal justice State plan, a comprehensive plan for the improvement of juvenile justice and to allocate for juvenile delinquency prevention and control at least 20 percent of its Part C and Part E funds in fiscal year 1974 and 30 percent in fiscal year 1975 and each succeeding fiscal year. The conference substitute retains the requirement that each State plan must include a program for the improvement of juvenile justice, funded under title I of this Act or other Federal, State, or local programs, but does not include the rest of the Senate amendment. The conferees recognized the pressing need for additional funding in the area of juvenile delinquency prevention and control, but noted that some authority for additional funding does exist in other programs, that separate bills on these matters are currently pending in both House and that these bills should be given priority in the near future. Moreover, since no plan may be approved unless it is comprehensive and since no plan is comprehensive unless it takes into account a juvenile justice program and since the bill otherwise requires that LEAA give greater scrutiny to State plans to ascertain whether they reflect a determined effort to improve the quality of law enforcement and criminal justice, it is expected that greater emphasis will be given to the problems of juvenile justice in the future. The failure to require 28 specified minimums reflects more a general concern for the continued flexibility of the State and local planning process than any policy that juvenile delinquency should not be a primary concern in the fight to control crime. The fact that the Federal Government currently expends substantial funds and energies on programs relating to juvenile delinquency did not go unnoticed by the conferees. ASSUMPTION OF COSTS The House bill deleted the provision which requires the States to show a willingness to take over the funding of programs and projects under this title. The Senate amendment retained the provision, as does the conference substitute. INFORMATION AND DATA REQUIREMENTS IN STATE PLANS The House bill required that State plans provide for the submission of data and information as the National Institute might require for its evaluation function and as LEAA might require to carry out its functions. The Senate amendment tracked this requirement but made no reference to the National Institute and its evaluation function. The conference substitute adopts the language of the House bill. APPLICATION APPROVAL The House bill provided that the States must approve or disapprove, in whole or in part, applications for assistance by units of general local government within 60 days after their submission. The Senate amendment was identical in this respect expect that it allowed 90 days. The conference substitute adopts the Senate language. TEMPORARY BUY-IN WAIVER The House bill provided for no waiver of the increased State "buyin" requirement, but the Senate amendment allowed such a waiver until a date certain or the next session of the State legislature, whichever occurred first. The conference substitute contains no provision for such a waiver. GRANTS FOR LOCAL PLANS The Senate amendment contained a provision not in the House bill requiring State plans to include procedures which make units of local government, or combinations thereof, with populations of 100,000 or more eligible to apply for grants from the State on the basis of a local comprehensive plan consistent with the State comprehensive plan. The conference substitute adopts this provision, but increases the minimum population requirement to 250,000 and provides that the State may approve, in whole or in part, grant applications from such units which qualify. The intent of the conferees is that the key planning decisions as between the States and units of general local government remain with the State planning agencies. |