Order Code IB10095
Issue Brief for Congress
Received through the CRS Web
Crime Control: The Federal Response
Updated July 1, 2002
JoAnne O'Bryant and Lisa Seghetti
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Congressional Reaction to the September 11 Terrorist Attacks
Congress’ Evolving Role in Crime Legislation
Omnibus Crime Bills, 1984-1994
Legislation in 1995-2000 Period
Legislation in the 107th Congress
LEGISLATION


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Crime Control: The Federal Response
SUMMARY
Federal crime control efforts traditionally
In the past two decades, Congress has
have been directed at problems transcending
been extending federal jurisdiction over crime
state boundaries, with maintaining law and
control to areas once considered to be within
order in areas subject exclusively to federal
state and local jurisdiction (e.g., juvenile
jurisdiction or of national concern. Foremost,
justice and gun control), and enlarging federal
in the 107th Congress are those enhancing the
support of state and local efforts to combat
authorities of the Department of Justice
crime. It passed three omnibus crime control
(DOJ), specifically the Federal Bureau of
bills since 1984. The Comprehensive Crime
Investigation (FBI), in dealing with homeland
Control Act of 1984 (P.L. 98-473) overhauled
security and anti-terrorism problems arising
the federal sentencing system and revised bail
from the September 11, 2001 attacks. These
and forfeiture procedures along with other
include expanded federal law enforcement
federal practices. The Crime Control Act of
authority in such areas as wiretapping and
1990 (P.L. 101-647) codified a Crime Victims'
related investigative tools to aid law enforce-
Bill of Rights in the federal justice system and
ment officials in the war on terrorism, such as
directed the U.S. Sentencing Commission to
in the USA Patriot Act, P.L. 107-56. (For
amend certain sentencing guidelines. The
more information, see CRS Report RS21051
Violent Crime Control and Law Enforcement
and the CRS Electronic Briefing Book on
Act of 1994 (P.L. 103-322) authorized fund-
t
e
r
r
o
r
i
s
m
ing for law enforcement and crime prevention
[http://www.congress.gov/brbk/html/ebter1.
measures including increasing the number of
shtml].
crimes punishable by death and establishing a
"three-strikes" provision for violent offenders.
Amid the law enforcement efforts to
Since the enactment of the last major crime
combat terrorism, Congress continues to
control bill, many bills have evolved to further
address the issue of the operating authority of
address crime and criminal justice issues.
the Department of Justice in its law
Renewed discussion and debate on the unena-
enforcement responsibilities. Legislation
cted proposals related to law enforcement
(H.R. 2215) regarding the basic authority of
efforts are expected to occur in the second
DOJ passed in the House and Senate during
session of the 107th Congress.
the first session of the 107th Congress. The
bill is currently under consideration by confer-
ees.
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
Congress resumed the process of developing a plan to reauthorize the Department of
Justice in February 2002 and recently on May 1, 2002. Conferees are currently working to
resolve differences on H.R. 2215. On December 20, 2001, the Senate passed, with
amendments, the 21st Century Department of Justice (DOJ) Appropriations Authorization
Act (H.R. 2215). The House had passed its version on July 23, 2001 (H.R. 2215). Both bills
would authorize FY2002 appropriations for DOJ, reauthorize the Department’s authority
to carry out its mission, and require new reporting requirements for the Department.

On March 14, 2002, the House considered and passed the Two Strikes and You’re Out
Child Protection Act (H.R. 2146). The bill would provide for mandatory life imprisonment
of a person convicted in which a minor was the victim, unless a death sentence is imposed.

In response to the September 11 terrorism attacks, Congress passed relevant anti-
terrorist and homeland security legislation in the first session of the 107th Congress, which
gave the FBI flexibility to investigate suspected terrorists through the USA Patriot Act (P.L.
107-56; October 26, 2001). Prior to the terrorist attacks, DOJ, including the FBI, was in
the process of developing a plan for reorganizing; the terrorist attacks brought a sense of
urgency to DOJ and the FBI to reorganize in order for the agencies to be more effective with
combating terrorism.

BACKGROUND AND ANALYSIS
Congressional Reaction to the September 11 Terrorist Attacks
The terrorist attacks of September 11, 2001 have transformed DOJ. With the passage
of the USA Patriot Act (P.L. 107-56) on October 26, 2001, Congress gave unprecedented
authority to DOJ. The Act enhances surveillance procedures by giving the Attorney General
authorization to intercept wire, oral, and electronic communications pertaining to terrorism,
as well as computer fraud and abuse. It authorizes the Attorney General to share matters of
foreign intelligence and counterintelligence with other federal law enforcement and
intelligence agencies. It also authorizes DOJ to use roving surveillance to gather foreign
intelligence under certain circumstances, and authorizes to the Director of the FBI to expedite
the hiring of people who can provide translation services. The USA Patriot Act (P.L. 107-
56) also provides authority for funding deposits of gifts, bequests, and donations from private
entities into the Victims of Crime Fund. Currently these funds come from offenders
convicted of federal crimes, not taxpayers.
In addition to Congress giving expanded authority to DOJ, on November 8, 2001,
Attorney General John Aschcroft announced a “war-time reorganization and mobilization”
of DOJ to combat terrorism. The Attorney General’s plan contains ten initiatives including
restructuring the FBI to make preventing terrorism the center of its law enforcement efforts.
Legislation (H.R. 2215) passed in the House and Senate during the first session of the 107th
Congress to reorganize DOJ and provide oversight of the FBI. A similar bill, S. 1319, was
favorably reported in the Senate (S.Rept. 107-96). The 21st Century Department of Justice
Appropriations Authorization Act (H.R. 2215/S. 1319), among other provisions, would
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reauthorize the basic operating authority of DOJ, make all FBI programs and operations
subject to the jurisdiction of the DOJ Inspector General, and require the Inspector General
to submit a plan to Congress on improving the FBI.
The aftermath of the terrorist acts brought attention to the lack of information sharing
between federal law enforcement and intelligence agencies, and between federal and local
law enforcement agencies. Congress passed legislation designed, in part, to remove the legal
and procedural barriers restricting the sharing of intelligence information between federal
agencies. Section 203 of the Patriot Act amends Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure to permit the sharing of intelligence information between federal law
enforcement and intelligence agencies. Legislation has been introduced (the Federal-Local
Information Sharing Partnership Act of 2001, S. 1615 and H.R. 3285) that would amend the
current laws that restrict the sharing of intelligence information between federal and local
law enforcement agencies.
Congress’ Evolving Role in Crime Legislation
Development of Federal Aid to States and Local Governments. During the
1960s, the FBI Uniform Crime Reports showed that crime rates in the United States were
rapidly increasing. Consequently, “law and order” and “crime in the streets” were key issues
in the 1964 presidential campaign. President Lyndon Johnson, in his first message to
Congress in 1965, called for the establishment of a blue ribbon panel to probe “fully and
deeply into the problems of crime in our nation.” Johnson’s requests led to the creation of
the President’s Commission on Law Enforcement and the Administration of Justice and to
passage of the Law Enforcement Assistance Act of 1965 (P.L. 89-197). The latter
established an Office of Law Enforcement Assistance in the Department of Justice and
charged it with funding demonstration projects for the development of new methods of crime
control and law enforcement.
In February 1967, the President’s Commission issued its report, The Challenge of Crime
in a Free Society, and recommended that the federal government provide more financial
assistance to state and local governments for law enforcement purposes. The Commission
found that “crime is a national, as well as a state and local phenomenon.” Subsequently,
President Johnson proposed an expanded grant programs to state and local governments to
be administered by the Department of Justice.
In June 1968, Congress passed the Omnibus Crime Control and Safe Streets Act (P.L.
90-351). Title I of the Act established a Law Enforcement Assistance Administration
(LEAA) to make grants to state and local governments for planning, recruitment, and training
of law enforcement personnel; public education relating to crime prevention; building
construction; education and training of special law enforcement units to combat organized
crime; and the organization, education, and training of regular law enforcement officers,
special units, and law enforcement reserve units for the prevention and detection of riots and
other civil disorders. The Act also established a National Institute of Law Enforcement and
Criminal Justice to make grants for training, education, research, and demonstration to
improve law enforcement and develop new methods for the prevention and reduction of
crime.
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The enactment of the Safe Streets Act and the creation of LEAA ushered in a new era
of federal assistance to state and local governments for crime control. The grant programs
significantly expanded the federal government’s involvement in local law enforcement.
Although LEAA was criticized and ultimately phased out after a 12-year life and an
expenditure of roughly $7.5 billion, support for the concept of direct federal aid for law
enforcement and crime control resurfaced in the 1980s, and was expanded as Congress
sought solutions to the nation’s drug problems.
Omnibus Crime Bills, 1984-1994. Since 1984, Congress has passed three omnibus
crime control bills. The Comprehensive Crime Control Act of 1984 (P.L. 98-473)
overhauled the federal sentencing system and revised bail and forfeiture procedures along
with other federal practices. Chapter IV (the Justice Assistance Act) of the 1984 Act
established DOJ’s leading grant-making administrative agency, the Office of Justice
Programs (OJP). Headed by an Assistant Attorney General, OJP coordinates the activities
of the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice
Statistics, and the Office of Juvenile Justice and Delinquency Prevention.
The Crime Control Act of 1990 (P.L. 101-647), authorized $900 million for the Edward
Byrne Memorial State and Local Law Enforcement Assistance programs (Byrne programs).
The Byrne grants assist states with improving the function of their criminal justice system,
preventing crime, and enforcing drug laws. The Act provided funding to assist states with
building effective prison systems, including providing alternatives to incarceration. The Act
also established new grant programs pertaining to the investigation and prosecution of child
abuse cases, authorized funding for other relevant programs, provided enhanced penalties for
child pornography, and codified a Crime Victims’ Bill of Rights in the federal justice system.
The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322)
authorized a total of $30.2 billion for law enforcement and crime prevention programs under
the Violent Crime Reduction Trust Fund. (For more information on the Trust Fund, see CRS
Report RL30471, Violent Crime Reduction Trust Fund: An Overview.) The 1994 Act
authorized appropriations (for FY1995-FY2000) for various programs, including but not
limited to: $1 billion for the Byrne programs; $8.8 billion for the Community Oriented
Policing Services (COPS) programs; $1.6 billion for the Violence Against Women Act
(VAWA) programs; and more than $1 billion to assist federal law enforcement agencies with
the increased workload expected to result from the mandates of the Act. Also, it established
new grant programs and provided funding authorization for additional correctional facilities,
the expansion of alternative sanctions for non-violent young offenders, and the costs incurred
by states incarcerating criminal aliens.
In addition to these funding authorizations, the 1994 Act increased the number of
federal crimes punishable by death and established procedures whereby the death penalty
might be enforced. It contained a “three strikes” provision requiring a sentence of life
imprisonment for violent three-time federal offenders; prohibited the manufacture, for 10
years after enactment, of semiautomatic assault weapons and possession or transference of
such firearms if they were not lawfully possessed on the date of enactment; and permitted
the prosecution as adults of juvenile offenders (13 years of age and older) who committed
federal crimes of violence or federal crimes involving a firearm.
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Legislation in 1995-2000 Period. After the passage of the 1994 Act, Congress (in
a more incremental fashion) approved additional programs and authorized funding under the
Violent Crime Reduction Trust Fund (VCRTF). Under provisions of the Omnibus
Consolidated Rescissions and Appropriations Act, FY1996 (P.L. 104-134), Congress
approved the establishment of the Local Law Enforcement Block Grant program (LLEBG
grants are awarded to states to provide crime prevention programs and improve public
safety). LLEBG grants are based on a modified version of the program as outlined in the
Local Government Law Enforcement Block Grants Act of 1995 (H.R. 728), a bill passed in
the House during the 104th Congress, 1st session. Again, Congress approved the Commerce,
Justice, State Appropriations Act, FY1998 (P.L. 105-119), containing provisions to establish
the Juvenile Accountability Incentive Block Grant program (JAIBG block grants are awarded
to states that have implemented or are considering implementing legislation or programs
promoting greater accountability of juveniles in the juvenile justice system). JAIBG is based
on a modified version of the program as outlined in the Juvenile Crime Control Act of 1997
(H.R. 3), a bill passed in the House during the 105th Congress, 1st session. (For a brief
discussion of major DOJ grant programs, see CRS Report RS20539, Federal Crime Control
Assistance to State and Local Governments
.)
Other enacted crime-related legislation includes the Civil Asset Forfeiture Reform Act
of 2000 (P.L. 106-185). The legislation provides more protection to property owners while
maintaining the effectiveness of forfeiture as a tool for law enforcement purposes. Congress
passed Aimee’s Law and reauthorized the Violence Against Women’s Act of 1994 (VAWA)
in the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386). Aimee's
Law provides compensation to states for the apprehension, prosecution, and costs of
incarceration of offenders that commit murder, rape, or a dangerous sexual offense and were
previously convicted of similar offenses in another state. The reauthorization of the Violence
Against Women Act extended the authorization for discretionary grant programs. (For more
information on VAWA, see CRS Report RL30871, Violence Against Women Act: History,
Federal Funding, and Reauthorizing Legislation
.). The DNA Analysis Backlog Elimination
Act of 2000 (P.L. 106-546) signed into law on December 19, 2000, provides grants for DNA
analysis to states. The Paul Coverdell National Forensic Sciences Improvement Act of 2000
(P.L. 106-561), signed into law on December 21, 2000, is directed at improving states and
local crime labs forensic science services. Also, legislation was enacted that would aid states
and local governments in fighting computer crimes, the Computer Crimes Enforcement Act
(P.L. 106-572).
Legislation in the 107th Congress
There are several issues before Congress pertaining to homeland security, agencies
within the Department of Justice, victims of crime, juvenile justice, and local law
enforcement assistance that are being addressed in the 107th Congress. Legislation currently
under consideration regarding homeland security include: S. 2452 (Lieberman) and H.R.
4660 (Thornberry) would establish the Department of National Homeland Security and the
National Office for Combating Terrorism. S. 1867 (Lieberman) would establish the
National Commission on Terrorist Attacks Upon the United States and evaluate and
investigate circumstances surrounding the September 11 incident. The bill was prepared for
the floor on May 14, 2002. S. 1447 (Hollings), H.R. 3150 (Young), and S. 2546
(Thurmond), would provide for the deployment of federal law enforcement personnel on air
craft. S. 1447 became public law (P.L. 107-71) as well as H.R. 3150 passed in the House in
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November 2001. Another measure, H.R. 4635, would deputize pilots and allow them to
carry firearms on aircrafts after training. A markup was held on June 26, 2002. Funding for
responding to terrorism attacks was addressed in S. 2551 (Byrd) and H.R. 4775 (Young).
The Senate incorporated S. 2551 as an amendment into H.R. 4775 and the bill passed in the
House on May 24, 2002. On June 27, 2002, a hearing was held on H.R. 5005 (Armey)
Homeland Security Act of 2002.
In addition to anti-terrorism legislation enacted such as the USA Patriot Act (P.L. 107-
56) following the September 11 attacks, other crime-related legislation is now being
considered by the 107th Congress. The Two Strikes and You’re Out Child Protection Act
(H.R. 2146) passed in the House on March 14, 2002. The bill would require a mandatory life
imprisonment sentence for a person convicted of a federal sex offense in which a minor is
the victim and the perpetrator has a prior sex conviction in which the minor was the victim.
This penalty would apply to those convicted of this crime or unless a death sentence of death
is imposed. The measure was referred to the Senate on March 15, 2002.
In February 2002, conferees resumed consideration of the bill, H.R. 2215, the 21st
Century Department of Justice (DOJ) Appropriations Authorization Act. The bill passed in
the Senate with amendments on December 20, 2001. The Senate Judiciary Committee
favorably reported its version of the Act (S. 1319/S.Rept. 107-96) on October 18, 2001. The
House passed the 21st Century Department of Justice (DOJ) Appropriations Authorization
Act (H.R. 2215) on July 23, 2001. Both bills would reauthorize appropriations for the
Department’s basic operating authority (which had expired over two decades ago; since that
time Congress has routinely enacted appropriations for the agency in the absence of
authorizing legislation). Both bills would authorize the making of appropriations of about
$17.6 billion for DOJ in FY2002. The House bill would establish a DOJ Deputy Inspector
General with jurisdiction over all FBI programs and operations, and the Senate bill would
require the Inspector General of DOJ to appoint an official from the Inspector General’s
office to independently supervise and coordinate oversight of the FBI’s programs and
operations. Both bills would require the Inspector General to submit to Congress a plan to
improve the FBI, establish new reporting requirements by DOJ intended to bolster
congressional oversight of the agency, repeal the provision establishing the Violent Crime
Reduction Trust Fund in the 1994 Crime Act, and establish a permanent Violence Against
Women Office within the Justice Department.

On October 16, 2001, the House passed the Consequences for Juvenile Offenders Act
of 2001 (H.R. 863), a bill similar to H.R. 1501, as introduced in the House in the previous
Congress. The bill would amend the Omnibus Crime Control and Safe Streets Act of 1968
to replace provisions regarding grants to develop alternative methods of punishment for
young offenders with provisions authorizing the Attorney General to make grants under the
Juvenile Accountability Block Grants (JABG), and would in effect, reauthorize the existing
Juvenile Accountability Incentive Block Grants (JAIBG), under a shortened title. (For more
information on juvenile justice legislation, see CRS Report RL30741, Juvenile Justice
Legislation: Overview and the Legislative Debate
.)
On September 20, 2001, the House considered and passed the Juvenile Crime Control
and Delinquency Prevention Act of 2001 (H.R. 1900). It was reported (H.Rept. 107-203) on
September 10, 2001, by the House Education and the Workforce Committee. The bill would
consolidate funding for various juvenile justice programs into a juvenile crime prevention
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block grant; it would amend requirements for formula grant funds; and enhance two of the
four mandates (separation of juveniles from sight and sound of adult offenders in any
correctional institution; and removal of juveniles from any jail or lockup for adults); and
would require that states failing to comply with the mandates lose 12.5% of their formula
grants for each mandate not met.
The Senate Judiciary Committee reported the Local Law Enforcement Enhancement Act
of 2001 (S. 625) on July 26, 2001 (without a written report). For the first time under this
measure, sexual orientation, gender, and disability would be added to the list of categories
covered by federal civil rights laws. These laws prohibit specified offenses involving actual
or perceived race, color, religion, and national origin. Also, S. 625 would expand federal
civil rights law to allow prosecution of hate crimes even if no federally “protected activities”
were involved (such as voting, attending school, serving on a jury, or traveling for purposes
of interstate commerce). Furthermore, the bill would expand the circumstances under which
the federal government could offer assistance to state and local governments for the criminal
investigation or prosecution of hate crimes. (For more information on hate crimes
legislation, see CRS Report 98-300, Hate Crimes: Background and Legislation in the 107th
Congress.
)
On April 26, 2001, the House passed the Unborn Victims of Violence Act of 2001 (H.R.
503). The bill would make it a federal crime to harm a fetus while committing a violent
crime, including any offender who did not know that the victim was pregnant. Exemptions
would include those who perform an abortion with the consent of the pregnant women, and
women whose own actions harmed their fetuses. Also, federal prosecutors would not be able
to seek the death penalty, except with respect to the death of the mother. The House passed,
amended, a similar bill in the 106th Congress, H.R. 2436, Unborn Victims of Violence Act
of 1999. (For more information on this bill, see CRS Issue Brief IB95095, Abortion:
Legislative Response
.)
Authorizations for most of the 1994 Crime Act programs, as well as the trust fund
established to fund them, expired on September 30, 2000. The Departments of Commerce,
Justice, and State, the Judiciary, and related agencies FY2002 appropriations bill, signed into
law on November 28, 2001 (P.L. 107-77), provides funding for some of the 1994 Crime Act
programs such as COPS ($1 billion), Residential Substance Abuse Treatment for State
Prisoners ($70 million), Drug Courts ($50 million), Law Enforcement Family Support
Programs ($1 million), Byrne Discretionary Grants ($94 million), and DNA analysis grants
($40 million). The appropriations bill also provides funding for Juvenile Accountability
Incentive Block Grants ($249 million), Local Law Enforcement Block Grants ($400
million), and many of the programs under the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended.
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LEGISLATION
Only bills that have received legislative action during the 107th Congress are listed
below.
P.L. 107-56, H.R. 3162
Uniting and Strengthening America by providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001. Signed into law
October 26, 2001.
P.L. 107-71, S. 1447
Aviation and Transportation Security Act. Introduced September 21, 2001. Passed
Senate, amended, October 11. Passed House November 6. Signed into law November 19,
2001.
H.R. 503 (Graham, Lindsey)
Unborn Victims of Violence Act of 2001. Reported by Committee on Judiciary April
20, 2001 (H.Rept. 107-42). Passed House April 26, 2001; referred to the Senate. Placed on
the Senate’s Legislative Calendar June 8, 2001.
H.R. 863 (Smith, Lamar)
Consequences for Juvenile Offenders Act of 2001. Reported, amended, by Committee
on Judiciary April 20, 2001 (H.Rept. 107-46). Passed House, as amended, October 16, 2001.
Referred to Senate Committee on Judiciary.
H.R. 1900 (Greenwood)
Juvenile Crime Control and Delinquency Prevention Act of 2001. Reported by
Committee on Education and the Workforce September 10, 2001 (H Rept. 107-203).
Considered and passed by House September 20, 2001. Referred to Senate Committee on
Judiciary.
H.R. 2146 (Green)
Two Strikes and You’re Out Child Protection Act. Reported, amended, by Committee
on Judiciary March 12, 2002 (H.Rept. 107-373). Passed House March 14, 2002. Referred
to Senate Committee on Judiciary.
H.R. 2215 (Sensenbrenner)
21st Century Department of Justice Appropriations Authorization Act. Reported,
amended, by Committee on Judiciary July 10, 2001 (H.Rept. 107-125). Passed House July
23, 2001. Passed Senate December 20, 2001. A similar bill, S. 1319, was referred to Senate
Committee on Judiciary (S.Rept. 107-96).
H.R. 4635 (D. Young)
Contains provisions to deputize pilots and allow them to carry firearms on aircrafts after
training. Referred to Committee on Transportation and Infrastructure May 2, 2002. Ordered
to be reported, amended, June 26. Related bill: S. 2554.
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H. 4775 (C. W. Young)
Introduced May 20, 2002. Reported by Committee on Appropriations (H.Rept. 107-
480) May 20. Passed House May 24. Passed Senate June 7.
H.R. 5005 (Armey)
Homeland Security Act of 2002. Introduced June 24, 2002; referred to various
committees. Hearing held by Committee on Judiciary June 27.
S. 625 (Kennedy)
Local Law Enforcement Enhancement Act of 2001. Reported by Committee on
Judiciary July 26, 2001, without a written report.

S. 924 (Biden)
Protection Act of 2002. Ordered reported, amended, by Committee on Judiciary on
April 11, 2002.
S. 1319 (Leahy)
21st Century Department of Justice Appropriations Authorization Act (the Senate’s
version of H.R. 2215). Reported with an amendment in the nature of a substitute by
Committee on Judiciary October 30, 2001, without a written report.
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