Crime Control: The Federal Response

Crime Control: The Federal Response

Order Code IB10095
CRS Issue Brief for Congress
Received through the CRS Web
Crime Control: The Federal Response
Updated September 23, 2003
JoAnne O'Bryant
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Congress’ Evolving Role in Crime Legislation
Congressional Reaction to Terrorist Attacks
Development of Federal Aid to States and Local Governments
Omnibus Crime Bills, 1984-1994
Major Legislation in 1995-2000 Period
Recent Legislative Activity in Congress
LEGISLATION

IB10095
09-23-03
Crime Control: The Federal Response
SUMMARY
Federal crime control efforts traditionally
been extending federal jurisdiction over crime
have been directed at problems transcending
control to areas once considered to be within
state boundaries concerned, with maintaining
state and local jurisdiction (e.g., juvenile
law and order in areas subject exclusively to
justice and gun control), and enlarging federal
federal jurisdiction or of national concern.
support of state and local efforts to combat
During the 107th Congress, authorities of the
crime. It passed three omnibus crime control
Department of Justice (DOJ), specifically the
bills since 1984. The Comprehensive Crime
Federal Bureau of Investigation (FBI), were
Control Act of 1984 (P.L. 98-473) overhauled
enhanced to deal with homeland security and
the federal sentencing system and revised bail
anti-terrorism problems arising from the
and forfeiture procedures along with other
September 11, 2001 attacks. Provision made
federal practices. The Crime Control Act of
in the USA Patriot Act, P.L. 107-56, was one
1990 (P.L. 101-647) codified a Crime Victims'
of the first federal responses to the war on
Bill of Rights in the federal justice system and
terrorism after the attack. Congress also
directed the U.S. Sentencing Commission to
heightened the authority to secure the Nation's
amend certain sentencing guidelines. The
lands and borders through the passage of the
Violent Crime Control and Law Enforcement
Homeland Security Act of 2002 on November
Act of 1994 (P.L. 103-322) authorized fund-
25, 2002.
ing for law enforcement and crime prevention
measures including increasing the number of
Amid the law enforcement efforts to
crimes punishable by death and establishing a
combat terrorism, Congress continues to
"three-strikes" provision for violent offenders.
address the issue of the operating authority of
Since the enactment of the last major crime
the Department of Justice in its law
control bill, many bills have evolved to further
enforcement responsibilities. Legislation
address crime and criminal justice issues.
(H.R. 2215) regarding the basic authority of
Renewed discussion and debate on the unen-
DOJ passed in the House and Senate during
acted proposals related to law enforcement
the 107th Congress. The bill was signed into
efforts are expected to occur in the first ses-
law November 2, 2002 (P.L. 107-273).
sion of the 108th Congress.
In the past two decades, Congress has
Congressional Research Service ˜ The Library of Congress

IB10095
09-23-03
MOST RECENT DEVELOPMENTS
The President signed the PROTECT Act (P.L. 108-021) on April 30, 2003, which
makes provision for the use of the AMBER alert system to aid in the recovery of abducted
children.
On February 20, 2003, the President signed the Consolidated Appropriations Resolution
FY2003 (P.L. 108-007), which includes justice assistance to state and local law enforcement
entities.
The Homeland Security Act of 2002, H.R. 5005, passed before the summer recess on
July 26, 2002. The Senate passed the measure on November 19, 2002. The President signed
the bill into law on November 25, 2002.
The President signed into law the 21st Century Department of Justice (DOJ)
Appropriations Authorization bill, H.R. 2215, on November 2, 2002. The conference report
(H.Rept. 107-685) to accompany the bill, H.R. 2215, was agreed to in the House on
September 26, 2002 and in the Senate on October 3, 2002. Congress resumed the process of
developing a plan to reauthorize the Department of Justice in February 2002 and again on
May 1, 2002. 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). The act authorizes FY2002 appropriations
for DOJ, reauthorizes the Department’s authority to carry out its mission, and require new
reporting requirements for the Department.
BACKGROUND AND ANALYSIS
Congress’ Evolving Role in Crime Legislation
The role of Congress in developing crime legislation has evolved from providing
assistance to state and local entities to creating enhancements for the security of the nation
against terrorist attacks. Along with development of legislation that make provision to aid
states in controlling crime, efforts to secure the nation from terrorism has received much
attention in Congress in recent years.
Congressional Reaction to Terrorist Attacks. The terrorist attacks of September 11,
2001 transformed many responsibilities under the authority of the Department of Justice
(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
CRS-1

IB10095
09-23-03
these funds come from offenders convicted of federal crimes, not taxpayers. The funding cap
for the Victims of Crime Fund is $600 million for FY2003.
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,
reauthorizes the basic operating authority of DOJ, makes all FBI programs and operations
subject to the jurisdiction of the DOJ Inspector General, and requires the Inspector General
to submit a plan to Congress on improving the FBI. The President signed the bill into law
on November 2, 2002 (P.L. 107-273).
The aftermath of the terrorist acts also brought attention to the lack of information
sharing among federal law enforcement and intelligence agencies, and among 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 among 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 among federal law
enforcement and intelligence agencies. Other major legislative efforts to secure the Nation’s
land and borders was accomplished through the enactment of the Homeland Security Act of
2002 (P.L. 107-296). The act requires a consolidation of 22 federal agencies to establish the
Department of Homeland Security within the executive branch of the federal government.
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 program 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
CRS-2

IB10095
09-23-03
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.
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.
CRS-3

IB10095
09-23-03
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.
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).
Recent Legislative Activity in Congress
There continue to be many crime-related issues considered in Congress. Efforts to
prevent crimes against children received much attention at the beginning of the 108th
CRS-4

IB10095
09-23-03
Congress. The President signed the PROTECT Act (P.L. 108-021) on April 30, 2003, which
makes provision for the use of the AMBER alert system to aid in the recovery of abducted
children. In the previous year, there were several issues before Congress pertaining to
homeland security, agencies within the Department of Justice, victims of crime, juvenile
justice, and local law enforcement assistance addressed in the 107th Congress. Legislation
considered regarding homeland security included: 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 have established 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), and H.R. 3150 passed in the House in
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 the
House on May 24, 2002. On June 27, 2002, the first hearings were held in the House
Judiciary Committee and the House Committee on Science regarding H.R. 5005 (Armey)
Homeland Security Act of 2002. The bill passed in the House on July 26, 2002 and in the
Senate on November 22, 2002. The President signed the bill into law on November 25, 2002
(P.L. 107-296).
In addition to anti-terrorism legislation enacted, other crime-related legislation
considered in the 107th Congress include 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
sentence of death is imposed. The measure was referred to the Senate on March 15, 2002
with no further action.
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
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
CRS-5

IB10095
09-23-03
Women Office within the Justice Department. H.R. 2215 passed unanimously in the Senate
on December 20, 2001. On October 3, 2002, the conferees agreed to the conference report.
The President signed the bill on Nov. 2, 2002 (P.L. 107-273).

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 have amended 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
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 have expanded the circumstances under
which the federal government could offer assistance to state and local governments for the
criminal investigation or prosecution of hate crimes.
On April 26, 2001, the House passed the Unborn Victims of Violence Act of 2001 (H.R.
503). The bill would have made 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 (CJS), and related agencies FY2002 appropriations bill,
signed into law on November 28, 2001 (P.L. 107-77), provides funding for some of the 1994
CRS-6

IB10095
09-23-03
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. Appropriations funding for agencies under CJS for FY2003 was
not enacted before the end of the 107th Congress. CJS was one of eleven appropriations bills
operating under a continuing resolution through January 31, 2003. CJS is part of an omnibus
bill funding these eleven agencies for FY2003.
LEGISLATION
P.L. 108-21, S. 151
Prevents child abduction and the sexual exploitation of children, and for other purposes.
Introduced January 13, 2003. Referred to Committee on Judiciary. Signed into law April
30, 2003.
H.R. 54 (Crenshaw)
Establishes a grant program that provides incentives for states to enact mandatory
minimum sentences for certain firearms offenses, and for other purposes. Introduced January
7, 2003; referred to Committee on Judiciary.
H.R. 80 (Jackson-Lee)
To enhance federal enforcement of hate crimes, and for other purposes. Introduced
January 7, 2003; referred to Committee on Judiciary.
H.R. 291 (Kelly)
Amends title 18, United States Code, to increase the mandatory minimum penalties
provided for possessing, brandishing, or discharging a firearm during and in relation to a
crime of violence or drug trafficking crime.Introduced January 8, 2003; referred to
Committee on Judiciary.
H.R. 703 (Saxton)
Law Enforcement Partnership to Combat Terrorism Act. Provides for the use of COPS
funds for state and local intelligence officers and for other purposes. Introduced March 6,
2003; referred to Committee on Judiciary.
S. 6 (Daschle)
To enhance homeland security. Introduced January 7, 2003; referred to Committee on
Judiciary.
S. 22 (Daschle)
To enhance domestic security and other purposes. Introduced January 7, 2003; referred
to Committee on Judiciary.
CRS-7

IB10095
09-23-03
S. 87 (Clinton)
Provides for homeland security block grants. Introduced January 7, 2003. Referred to
Committee on Governmental Affairs.
S. 149 (DeWine)
Improves the investigation and prosecution of sexual assault cases with DNA evidence,
and for other purposes. Introduced January 13, 2003. Referred to Committee on Judiciary.
S. 152 (Biden)
Assesses the extent of the backlog in DNA analysis of rape kit samples, and to improve
investigation and prosecution of sexual assault cases with DNA evidence. Introduced
January 14, 2003; referred to Committee on Judiciary.
S. 679 (Biden)
PROTECTION Act, provide reliable officers, technology, education community
prosecutors, and training in our neighborhoods. Introduced March 20, 2003; referred to
Committee on Judiciary.
CRS-8