Police and Law Enforcement: Selected Issues

Police and Law Enforcement: Selected Issues

Order Code IB98049
CRS Issue Brief for Congress
Received through the CRS Web
Police and Law Enforcement:
Selected Issues
Updated November 17, 2000
JoAnne O’Bryant, Coordinator
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Funding for Law Enforcement Agencies
Law Enforcement Personnel
Selected Topics in Law Enforcement
Community Policing
Communications Assistance for Law Enforcement Act (CALEA)
Benefits for Law Enforcement Officers
Police Officers’ Bill of Rights
Police Conduct
Domestic Violence and Law Enforcement Officers
LEGISLATION
CONGRESSIONAL HEARINGS, REPORTS, AND DOCUMENTS
FOR ADDITIONAL READING
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Police and Law Enforcement:
Selected Issues
SUMMARY
Since the enactment of the Omnibus
personnel amounted to 996,000 in 1996.
Crime Control and Safe Streets Act of 1968,
discussion among federal, state, and local
Reports show that many of the sworn
legislators regarding law enforcement issues
officers perform traditional law enforcement
has increased substantially. Debate on the
assignments, such as community policing. In
issues is stimulated by the many changes that
addition, some agencies and departments have
have occurred in federal funding programs for
developed high-technological law enforcement
law enforcement and in the number of person-
operations to detect criminal activity. Ad-
nel nationwide, as well as in community polic-
vances in technology in the telecommunica-
ing, police surveillance and technology, officer
tions industry, however, have generated con-
benefits, and police conduct, among other law
troversy in law enforcement work. In line
enforcement topics.
with state and local police departments, DOJ
advocates technological changes that would
Among the areas in law enforcement
protect the ability of law enforcement agencies
undergoing the greatest change are those
and police departments to use court-approved
concerning federal government participation
surveillance equipment despite telecommunica-
and personnel growth. The federal government
tions changes.
assists federal, state, and local law enforce-
ment entities with day-to-day police operations
As officers risk their lives to provide
through various grant programs. Funding for
safety to communities in various ways, bene-
eligible law enforcement agencies is available
fits for employees are of concern to law en-
through the Department of Justice (DOJ). In
forcement personnel and their families. Some
recent years, federal involvement also has
benefits available through DOJ provide assis-
included funding for research on how law
tance to officers and their families when
enforcement practices can be improved.
officers become disabled because of on-the-job
Numerous published studies provide views of
injuries or are killed in the line of duty. Re-
crime and law enforcement and project future
cently, educational benefits for families of
trends to determine where federal funding
deceased federal law enforcement officers have
might be the most needed.
been established to keep pace with similar

state programs.
Along with increasing federal involve-
ment in law enforcement, the number of em-
Interest in a police officers’ bill of rights,
ployees in law enforcement has nearly tripled
police misconduct and a host of other law
since 1966. Between 1966 and 1996 (the
enforcement topics led to many legislative
most recent year available), the number of
proposals in the 106th Congress. Only a small
persons employed as law enforcement officers
number of them became public law. Renewed
at the federal, state, and local levels increased
discussion and debate on the unenacted pro-
from 371,000 to 664,000. The total number
posals are expected to occur in the 107th
of full-time sworn and civilian law enforcement
Congress.
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MOST RECENT DEVELOPMENTS
On July 26, 2000, the House passed the Bulletproof Vest Partnership Grant of 2000
(H.R. 4033).
BACKGROUND AND ANALYSIS
Under the federal system in the United States, states and localities traditionally have held
the major responsibility for prevention and control of crime and maintenance of order.
Although the policing role of the federal government remains limited, federal involvement in
law enforcement has increased measurably over the last three decades. First, federal grants
to states and local governments for crime control have mushroomed since 1968. Second, the
federal government plays a leading role in coordinating nationwide policing efforts, modeling
more innovative and effective crime-related programs, and funding research and training for
law enforcement.
The federal response to state and local policing needs was triggered in part by a rising
crime rate and new questions about police effectiveness in responding to this problem.
Professor Lawrence W. Sherman noted a change in the way the public viewed the role and
effectiveness of the police:
As recently as the late 1960s, the public tended to respond to rises in crime by calling for
more police. Yet crime continued to climb despite rapid increases in police manpower. By
the mid-1970s, municipal fiscal crises brought sizeable cutbacks in city police, and doubts
about police effectiveness set in. [Lawrence W. Sherman, “Patrol Strategies for Police,”
in Crime and Public Policy, James Q. Wilson, ed. (San Francisco: Institute for
Contemporary Studies, 1983), p. 146.]
Another scholar, Professor Samuel Walker of the faculty of the University of Nebraska at
Omaha, described this crisis in policing during the 1960s. Like Professor Sherman, Professor
Walker emphasized the dramatic rise in the crime rate between 1960 and 1970 (the crime rate
per 100,000 persons doubled by the end of the decade, and violent crime rose sharply). He
noted other factors that added to the crisis, including new expectations about police
performance by the public and the courts (as exemplified by the Supreme Court ruling in the
high-profile case of Miranda v. Arizona, 1966) and the social turmoil due to civil rights
protests, anti-Vietnam war demonstrations, and other domestic unrest. [Samuel Walker, The
Police in America: An Introduction (New York: McGraw-Hill, Inc., 1983), pp. 19-22.]
In response to growing concerns about this crisis, President Lyndon Johnson created the
President’s Commission on Law Enforcement and the Administration of Justice in July 1965.
The commission’s report found that crime was a national issue that might spill across state
borders, that some crime-related problems might best be addressed at the national level, and
that few local communities were able to fund new and innovative demonstration programs.
Thus, the commission recommended federal support for state and local planning, the
education and training of criminal justice personnel, and the development of coordinated
national information systems, technical assistance, and demonstration programs to improve
effectiveness of criminal justice systems nationwide. [President’s Commission on Law
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Enforcement and Administration of Justice, The Challenge of Crime in a Free Society
(Washington: GPO, 1967), pp. 283-285.]
Under Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351;
82 Stat. 197), Congress established the Law Enforcement Assistance Administration (LEAA)
to make grants to states and local governments for planning, recruiting, and training 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.
LEAA provided a financial boost for police jurisdictions throughout the country.
Beginning with an annual budget of $63 million in 1969, LEAA reached a peak budget of
$895 million in 1975. In addition to direct support for law enforcement personnel and
equipment, LEAA funded significant new initiatives in police research. It assisted in the
development of criminal justice programs at colleges and universities nationwide, sponsored
studies on the effectiveness of police patrols, stimulated new thinking on the importance of
criminal investigative procedures by officers first to respond to the scene of a crime, and
encouraged the employment of female officers. (Walker, Police in America, pp. 22-24.)
LEAA’s history is controversial. The block grant funding mechanism was criticized
because it prevented the agency from exercising tight controls over the money sent to the
states. Critics charged that funds were misused and that the program had no visible impact
on crime. With the exception of one downturn in crime statistics in 1972, the reported violent
crime rate continued to rise throughout the 1970s and 1980s. Although the program had
been authorized through FY1983, budget reductions beginning in 1980 resulted in its virtual
elimination.
Broad federal assistance was restored when the Reagan Administration requested
authority, in 1983, to establish a more modest grant program. Additional expansion of the
federal role occurred with congressional passage of five omnibus crime control bills: the
Comprehensive Crime Control Act of 1984 (P.L. 98-473; 98 Stat. 2077); the Anti-Drug
Abuse Act of 1986 (P.L. 99-570; 100 Stat. 3207); the Anti-Drug Abuse Act of 1988 (P.L.
100-690; 102 Stat. 4181; the Crime Control Act of 1990 (P.L. 101-647;104 Stat. 4789); and
the Violent Crime Control Act of 1994 (P.L. 103-322; 108 Stat. 1796).
In addition to enhancing the federal role in law enforcement in general, two of the
measures, the Anti-Drug Abuse Act of 1988 and the Violent Crime Control Act of 1994,
contained titles supporting new programs for state and local police. Under the Anti-Drug
Abuse Act of 1988, the Edward Byrne Memorial State and Local Law Enforcement
Assistance Program was created. The Byrne program funds selected police-related programs
that integrate federal, state, and local drug law enforcement efforts and improve the
operational effectiveness of law enforcement. [For more information, see CRS Report 97-
265, Crime Control Assistance Through the Byrne Programs.] The Violent Crime Control
Act of 1994 established the Community Oriented Policing Services (COPS) program to
provide monies that may be used to hire new police officers, provide police training and
overtime pay, and obtain equipment and support systems. [For more information, see CRS
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Report 97-196, The Community Oriented Policing Services (COPS) Program: An Overview.]
Funding for Law Enforcement Agencies
Federal assistance to state and local governments is usually provided through the
Department of Justice (DOJ). Major DOJ programs providing police-related funding are:
(1) Byrne programs, (2) “weed and seed” program, (3) COPS program, (4) Local Law
Enforcement Block Grants (LLEBG) program, and (5) Bulletproof Vest Partnership Grants.
[For more information, see CRS Report 98-622, Federal Crime Control to State and Local
Governments: Department of Justice.]
The Edward Byrne Memorial State and Local Law Enforcement Assistance Program,
named after slain New York City police officer Edward Byrne, is contained in the Anti-Drug
Abuse Act of 1988 (P.L. 100-690; 102 Stat. 4181). Eligible activities for which Byrne
program funds may be spent include (1) drug demand reduction, (2) law enforcement, (3)
court and prosecutorial systems, (4) crime prevention, (5) corrections, and (6) multi-purpose
objectives to improve state drug control activities and criminal justice systems. Police-related
activities include those that integrate federal, state, and local drug law enforcement efforts and
improve the operational effectiveness of law enforcement. The 106th Congress provided FY
2000 Byrne funding of $552 million, including $500 million for formula grants and $52
million for discretionary grants. [For more information, see CRS Report 97-265, Crime
Control Assistance Through the Byrne Programs.]
The “weed and seed” program is designed, first, to “weed out” crime and drug
trafficking in selected neighborhoods experiencing high crime rates. Next, it brings in various
crime prevention and human service programs as “seeds” to encourage the growth of strong,
healthy, crime-free neighborhoods. Relying on the involvement of federal, state, and local
government officials, including the police and business and local organizations, the “weed and
seed” program got its start as a national program following the April 1992 Los Angeles riot,
the most severe civil disorder in U.S. history. At that time, President Bush took steps to
create weed and seed sites across the nation, including Los Angeles. Participating
communities must develop a weed and seed strategy in coordination with their U.S. attorney’s
office. The 106th Congress provided an FY2000 appropriation of $33.5 million for the “weed
and seed” program. [For more information, see CRS Report 98-414, Community Anti-Crime
Weed and Seed Program: Current Developments.]
Community Oriented Policing Services (COPS) Program monies may be used to hire
new officers (including former members of the armed services), to rehire officers who have
been laid off, and to provide police training, equipment, or overtime pay. Congress approved
funding to establish the COPS Program in the Violent Crime Control and Law Enforcement
Act of 1994 (P.L. 103-322; 108 Stat. 1796). The act authorized a total appropriation of $8.8
billion over a 6-year period, FY1995 through FY2000. As of May 12, 1999, COPS grants
have funded a total of 100,000 new or rehired officers. [For more information, see CRS
Report 97-196, The Community Oriented Policing Services (COPS) Program: An Overview.]
Local Law Enforcement Block Grants (LLEBG) provide funding to state and local
governments for selected purposes, including hiring, training, and employing additional law
enforcement officers. LLEBG grants were authorized by the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (P.L. 104-134; 110 Stat. 131-12). The 106th
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Congress appropriated $523 million for the LLEBG program in FY 2000. [For more
information, see CRS Report 97-87, Local Law Enforcement Block Grants Program.]
Law enforcement agencies may also receive assistance for law enforcement personnel
through the Bulletproof Vest Partnership Grant Act (P.L. 105-181; 112 Stat. 512-15), which
was enacted to aid law enforcement entities in purchasing police body armor. This grant
program allows preferential consideration to agencies that demonstrate a financial need,
establish a “mandatory wear” policy, experience excessive crime rates, and are not currently
receiving LLEBG grants. Appropriations for this program total $25 million for FY1999 and
FY 2000. [For more information, see CRS Report 98-507, Bulletproof Vest Partnership
Grants.]
[For additional information on funding for law enforcement agencies, see CRS Report
97-153, Federal Crime Control Assistance to State and Local Governments.]
Law Enforcement Personnel
In 1966, the President’s Commission on Law Enforcement and Administration of Justice,
Task Force on the Police, reported a total of 371,000 full-time law enforcement officers, of
whom 23,000 were federal, 40,000 were state, and 308,000 were county and local. Law
enforcement services nationwide cost over $2.5 billion in 1965 dollars, and there was a ratio
of 1.7 police officers to every 1,000 persons. [The President’s Commission on Law
Enforcement and Administration of Justice, Task Force Report: The Police (Washington:
GPO, 1967), pp. 8-9.]
DOJ’s Bureau of Justice Statistics (BJS) reported a national 1996 total of 996,478
persons employed in law enforcement agencies and police departments. This total comprised
258,443 civilian personnel and 663,535 full-time sworn law enforcement officers, of whom
54,587 were state, 563,878 were local officers or officers of sheriffs’ departments, 43,082
were special police, and 1,988 were Texas constables. More recent studies show that the
number of full-time personnel in local police and sheriffs’ departments totaled 794,823 in
1997. There were 531,496 employees in local police departments nationwide. The sheriffs’
department employed 263,427 sworn and civilian law enforcement personnel in 1997. In
addition, according to BJS, federal law enforcement officers authorized to make arrests and
carry firearms totaled about 83,000 personnel in 1998. The latest data available show that
law enforcement services nationwide cost over $41.33 billion in 1992 dollars, and there was
a ratio of about two officers to every 1,000 persons. [U.S. Department of Justice, Bureau of
Justice Statistics, Census of State and Local Law Enforcement Agencies, 1996 (June 1998),
and Federal Law Enforcement Officers, 1996 (January 1998), at
[http://www.ojp.usdoj.gov/bjs/lawenf.htm]; U.S. Department of Justice, Bureau of Justice
Statistics, Justice Expenditure and Employment Extracts, 1992. (Washington: GPO, 1996),
p. 3; and Lawrence W. Sherman, “The Police,” in Crime, James Q. Wilson and Joan
Petersilia, eds. (San Francisco: ICS Press, 1995), p. 327.]
A law enforcement officer’s primary objective is to provide safety in a community. The
officer also maintains order, enforces the law, and addresses other matters affecting the
welfare of citizens. The role of a law enforcement officer may be divided into two functions:
(1) line duties and (2) staff duties. “Line duties” primarily focus on community interaction.
These responsibilities might include neighborhood patrol, crime investigation, traffic control,
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crime prevention, or juvenile activities. “Staff duties” usually pertain to the overall
organization and management of a law enforcement agency. These duties might include
personnel (sworn and civilian), planning, finances, and public relations. [Hugh O’Neill, Hy
Hammer, and E.P. Steinberg, Police Officers (New York: Prentice Hall, 1992), pp.1-8.] In
the first session of the 106th Congress, legislation (H.R. 1659/Serrano) was introduced to
create a National Police Training Commission to examine and report on police policies and
practices governing training, recruitment, and oversight in selected cities (Washington, D.C.,
New York, NY, Chicago, IL, Los Angeles, CA, and Charlotte, NC).
Recruitment requirements vary in federal, state, and local law enforcement agencies and
police departments throughout the country. Some agencies or departments require applicants
to pass written exams, fitness tests, and personal interviews in order to become law
enforcement officers. While some agencies or departments require applicants to be at least
21 years old, others provide opportunities to start a career in law enforcement as early as age
18, through police auxiliary programs.
Law enforcement recruits who meet entry requirements must participate in physical and
educational law enforcement training in programs that usually last six to eight weeks. Federal
law enforcement recruits attend a training session at the Federal Law Enforcement Training
Center (FLETC) in Glynco, Georgia, or Artesia, New Mexico. The National Center for
State, Local, and International Training (NCSLIT) offers selected programs for employees
of state and local law enforcement agencies at these two sites and other sites around the
country and abroad. Some federal, state, and local law enforcement entities also provide an
opportunity for recruits to get specialized training at police academies and other law
enforcement training facilities.
Law enforcement positions have various job titles in federal and state jurisdictions. For
example, at the Federal Bureau of Investigation (FBI), officers are called special agents. The
U.S. Marshal Service law enforcement personnel are called deputy U.S. marshals, and the
U.S. Capitol Police and U.S. Park Police are called police officers of various ranks (private,
private 1st class, sergeant, lieutenant, captain, chief, etc.). Some agencies have more than one
type of law enforcement officer position, such as the U.S. Secret Service, which employs
special agents and uniformed police officers.
At the state, local, and county levels, law enforcement officers are usually called police
officers (with ranks similar to federal officers), detectives, sheriffs, deputies, and constables.
Many of these positions, however, allow officers an opportunity to perform investigative and
administrative work, as well as public security. Some law enforcement officers also choose
specialized fields to aid in public safety. Such special assignments can range from the bomb
squad to community relations, canine handlers, crime prevention, or emergency service.
Regardless of their job titles, all law enforcement officers share the common goal of providing
public safety in their jurisdictions.
Each day officers risk their lives to provide a public safety service to the general public
and government officials. Although most officers complete their service in law enforcement
through traditional retirement, others die in the line of duty. From 1986 to 1995, over 700
law enforcement officers died in the line of duty nationwide. According to the National
Memorial of Law Enforcement Officers, there have been more than 14,600 police line-of-duty
fatalities throughout the United States since 1794. In 1998, there were 91 police deaths; in
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1999, 26 officers were killed. The FBI, Uniform Crime Report, Law Enforcement Officers
Killed and Assaulted, 1998, reported that from 1989 to 1998, most officers were feloniously
killed while in arrest situations (239 officers), followed by investigations of suspicious
persons/circumstances (112 officers), and disturbance calls (111 officers). Eighty-six officers
were killed by ambush during these years. In 1998, the number of officers assaulted while on
disturbance calls was 17,769; in arrest situations, 10,997 officers, and during traffic pursuits
and stops, 6,242 officers were assaulted. More information about line-of-duty deaths can be
accessed through the National Memorial of Law Enforcement Officers Web site
[http://www.nleomf.com/index.html].
Selected Topics in Law Enforcement
Community Policing. In the 1990s, one of the most common and popular forms of
police activity has been community policing. Police departments administer community
policing programs to reduce and deter crime in neighborhoods and to help citizens feel safer
in their communities. Some examples of community policing include police officers walking
in a community; officers on bicycle patrol; more visible police cruisers; police satellite centers
(in shopping centers, stores, recreation centers); and residential officer programs in selected
communities across the country. The Community Oriented Policing Services (COPS)
program, administered by the Department of Justice (DOJ), provides financial assistance to
eligible police departments to help improve community policing efforts. According to the
COPS office at DOJ, as of May 1999, approximately 101,000 officers are funded by this
program to serve on police forces nationwide. Authority to make grants for hiring and
rehiring officers expires in FY2000. In both the Senate and House, Commerce, Justice and
State, the Judiciary and Related Agencies Appropriations Act, 2000 provide reduced amounts
for funding, compared to $1.4 billion provided in previous years. [For more information, see
CRS Report 97-196, The Community Oriented Policing Services (COPS) Program: An
Overview.]
Communications Assistance for Law Enforcement Act (CALEA). Keeping up with
sophisticated high-tech telecommunications advancements has generated controversy in law
enforcement work. One example of controversy includes the use of court-approved
electronic surveillance equipment. The Communications Assistance for Law Enforcement Act
of 1994 (CALEA), (P.L. 103-414; 108 Stat. 4279-4298), was established to help law
enforcement agencies maintain their ability to conduct court-approved electronic surveillance
in the face of advances in technology in the telecommunications industry. On behalf of
federal, state, and local law enforcement entities, the Department of Justice filed a petition
with the Federal Communications Commission (FCC) on March 27, 1998, requiring telephone
companies to preserve the ability of law enforcement agencies and departments to conduct
court-approved electronic surveillance. On September 11, 1998, the FCC announced that it
would require carriers to upgrade their systems in compliance with CALEA by June 30, 2000.
On August 27, 1999, FCC adopted six of the nine electronic surveillance capabilities sought
under CALEA. Carriers were required to give law enforcement agencies access to
communications capabilities by September 30, 2001. In August 2000, however, a federal
appeals court overturned the FCC regulations and restricted the use of some surveillance
capabilities until FCC regulations are revised. The court ruled that FCC exceeded its
statutory authority by expanding the types of call-identifying capabilities and violated legal
requirements to protect communications privacy.
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Benefits for Law Enforcement Officers. The Bureau of Justice Assistance of the
Department of Justice administers several programs that benefit law enforcement officers and
their families at the federal, state, and local levels. These programs include the Public Safety
Officers Health Benefits Provision of the Local Law Enforcement Block Grants (LLEBG)
program, the Public Safety Officers Benefits (PSOB) program, and the Public Safety Officers’
Educational Assistance (PSOEA) program.
Under the LLEBG program, the Public Safety Officers Health Benefits Provision (P.L.
104-208; 110 Stat. 3009) requires health insurance benefits for public safety officers who are
retired or separated from service due to on-the-job injuries to be the same benefits as (or
better than) those provided to other officers at the time of retirement or separation from
service. The Public Safety Officers Health Benefits Provision defines “public safety officer”
as a person serving in an official capacity at a public agency as a law enforcement officer,
firefighter, or member of a rescue squad or ambulance crew.
The PSOB program (42 U.S.C. 3796, et seq.), established in 1976, provides a one-time
financial benefit to eligible survivors of public safety officers whose deaths are a result of
incidents that occurred while in the line of duty. Public safety officers who have been
permanently and totally disabled due to line-of-duty injuries may also obtain benefits from this
program.
PSOEA, formerly known as Federal Law Enforcement Dependents Assistance (FLEDA)
(42 U.S.C. 3796d) provides financial assistance for higher education to spouses and children
of police, fire, and emergency public safety officers killed in the line of duty. The program
also provides assistance to families of officers with permanent and totally disabling injuries
sustained while in the line of duty. FLEDA was developed in 1996 to emphasize the
importance of the service of federal law enforcement officers. In 1998, Congress amended
the FLEDA Act to include police, fire, and emergency public safety officers and created
PSOEA. Several states provide higher education benefits to survivors of state and local law
enforcement officers also. Organizations such as the Concerns of Police Survivors (COPS),
Inc., provide scholarships for higher education to spouses and children of law enforcement
officers killed in the line of duty at the state and local level. (For additional information on
benefits for law enforcement officers, see the Department of Justice Web site
[http://www.ojp.usdoj.gov/BJA] and the COPS Web site [http://www.nationalcops.org].)
Police Officers’ Bill of Rights. For many years there have been conflicting views by
labor and management in law enforcement on the accountability of law enforcement officers
and the treatment of these individuals when under investigation by police offices of internal
affairs. Rights of officers, as outlined in proposed legislation in previous Congresses, have
included the right of officers under investigation to receive advance notice of charges pending
against them; the right to representation of their own choice; and the right to be questioned
or interrogated only during normal duty times and in assigned duty stations. Some proposed
legislation has also included the right of officers to participate in political activities apart from
their official duties. Legislation introduced in the106th Congress, S. 2256 (Biden) and H.R.
3896 (Ramstad) have provisions that would guarantee the due process rights of law
enforcement officers. These measures were referred to the House and Senate Judiciary
Committees, respectively. [For more information, see CRS Report 97-460, Police Officers’
Bill of Rights.]
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Police Conduct. Congress addressed the use of excessive force by police officers in the
Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). Section 210402
of the act (42 U.S.C. 14142) mandates the acquisition of data by the U.S. Attorney General
on “the use of excessive force by law enforcement officers.” Heretofore, the federal
government did not collect such statistics. In compliance with the act, the Bureau of Justice
Statistics (BJS), the National Institute of Justice (NIJ), and the International Association of
Chiefs of Police (IACP) coordinated a data collection project on police use of force
throughout the United States. The Department of Justice provided startup funding for the
project. Although DOJ funding ended in 1997, the IACP continues to fund the project. More
attention on police conduct was raised in the 106th Congress. At least four measures were
introduced including, H.R. 124 (Davis) a resolution condemning police brutality, H.R. 1443
(Conyers) and S. 821 (Lautenberg), regarding the collection of traffic stops by police
statistics. In addition, the Congressional Black Caucus has held numerous press conferences
and hearings to address police use of excessive force throughout the country. H.R. 1659
(Serrano) would create a commission to study and report on the policies and practices that
govern the training, recruitment, and oversight of police officers.
During 1996, BJS conducted a special survey, based on a sample of 6,421 residents age
12 or older and selected to represent the entire U.S. population, to examine the nature and
frequency of police-citizen contacts. Fourteen survey respondents, representing
approximately 500,000 residents, or 0.2% of the total population age 12 or older, said police
officers either warned them that force would be used or actually used force. Ten of the 14
also reported that some of their own actions, such as threatening the police or resisting being
handcuffed, may have provoked the police. Four said they had experienced force or the threat
of force from the police and had done nothing to provoke it. Because of the small number
of respondents reporting that force was used or threatened, in-depth analysis of the details of
use-of-force incidents was not possible. The report concluded that “use of force is rare in
police-citizen contacts and it is often accompanied, according to the self-reports of
respondents, by some possibly provocative behavior. Larger samples of citizens in the future
would help to clarify both the extent and type of provocation in cases of police use of force
....” The report, Police Use of Force, published in late 1997, can be found on the BJS home
page at [http://www.ojp.usdoj.gov/bjs/].
Domestic Violence and Law Enforcement Officers. The Federal Domestic Violence
Gun Ban (Lautenberg amendment) in the Omnibus Consolidated Appropriations Act of 1997,
P.L. 104-208, prohibits persons convicted of misdemeanor domestic violence crimes from
possessing firearms. The provision, which includes law enforcement personnel, has generated
controversy over the effective date to impose the ban. Some agencies and departments that
have implemented the ban have fired law enforcement officers convicted of domestic violence
crimes following enactment of the law. In the 106th Congress, H.R. 59 (Barr) was introduced
on January 6, 1999, providing that the firearms prohibitions applicable by reason of a
domestic violence misdemeanor conviction do not apply if the conviction occurred before the
prohibitions became law. (For additional information on this issue, see CRS Issue Brief
IB10014, Gun Control.)
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LEGISLATION
H.R. 60 (Barr)
Expedites state reviews of criminal records of applicants for private security officer
employment, and for other purposes. Introduced January 6, 1999; referred to Committees
on Education and the Workforce and the Judiciary.
H.R. 218 (Cunningham)
Amends Title 18, U.S. Code to exempt qualified current and former law enforcement
officers from state laws prohibiting the carrying of concealed handguns. Introduced January
6, 1999; referred to Committee on Judiciary.
H.R. 282 (Sweeney)
Correctional Officer Protection Act. Amends the Omnibus Crime Control and Safe
Streets Act of 1968 to reduce funding to states that do not enact legislation requiring the
death penalty in certain cases. Introduced January 6, 1999; referred to Committee on
Judiciary.
H.R. 424 (Traficant)
Amends Title 5, U.S. Code, to provide that the mandatory retirement age for members
of the Capitol Police be increased from 57 to 60. Introduced 19, 1999; referred to
Committees on House Administration and Government Reform.
H.R. 492 (Stearns)
Amends title 18, U.S. Code, to provide a national standard in accordance with which
nonresidents of a state may carry certain concealed firearms in the state, and to exempt
qualified current and former law enforcement officers from state laws prohibiting the carrying
of concealed handguns. Introduced February 2, 1999; referred to Committee on Judiciary.
H.R. 789 (Fossella)
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide death
benefits to retired public safety officers. Introduced February 23, 1999; referred to
Committee on Judiciary.
H.R. 809 (Traficant)
Amends the Act of June 1, 1948, to provide for reform of the Federal Protective
Services. Introduced February 23, 1999; referred to Committee on Judiciary.
H.R. 1228 (Filner)
Amends the retirement provisions of title 5, U.S. Code, to extend to inspectors of the
Immigration and Naturalization Service, revenue officers of the Internal Revenue Service, and
certain others, the same treatment as is accorded to law enforcement officers. Introduced
March 23, 1999; referred to Committee on Government Reform.
H.R. 1369 (Kilpatrick)
Authorizes the Secretary of Defense to make military helicopters and other equipment
available to state and local governments to assist in emergency law enforcement and rescue
operations. Introduced April 12, 1999; referred to Committee on Armed Services.
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H.R. 1424 (Stupak)
Limits access to body armor by violent felons and to facilitate the donation of federal
surplus body armor to state and local law enforcement agencies. Introduced April 14, 1999;
referred to Committees on Judiciary and Government Reform.
H.R. 1443 (Conyers)
Provides for the collection of data on traffic stops. Introduced April 15, 1999; referred
to Committee on Judiciary.
H.R. 1461 (Rogan)
Amends title 18, United States Code, to exempt qualified law enforcement officers from
state laws prohibiting the carrying of concealed firearms. Introduced April 15, 1999; referred
to Committee on Judiciary.
H.R. 1531 (Frost)
Ensures safety in public schools by increasing police presence. Introduced April 22,
1999; referred to Committee on Judiciary.
H.R. 1659 (Serrano)
Reinforces police training and reestablishes police and community relations and creates
a commission to study and report on the policies and practices that govern the training,
recruitment, and oversight of police officers, and for other purposes. Introduced May 4,
1999; referred to Committee on Judiciary.
H.R. 1694 (Frank)
Provides Public Safety and Community Policing Renewal Grants, and for other purposes.
Introduced May 5, 1999; referred to Committee on Judiciary.
H.R. 1791 (Weller)
Amends title 18, United States Code, to provide penalties for harming animals used in
federal law enforcement. Introduced May 13, 1999; referred to Committee on Judicary.
H.R. 1792 (Thompson)
Provides crime-fighting scholarships to certain law enforcement officers. Introduced
May 13, 1999; referred to Committee on Judiciary.
H.R. 1807 (McInnis)
Establishes a matching grant program to help state and local jurisdictions purchase bullet
resistant equipment for use by law enforcement departments. Introduced May 13, 1999;
referred to Committee on Judiciary.
H.R. 2371 (Bonior)
Makes schools safer by waiving the local matching requirement under the Community
Policing program for the placement of law enforcement officers in local schools. Introduced
June 29, 1999; referred to Committee on Judiciary.
H.R. 2625 (Luther)
Amends title 10, United States Code, to temporarily expand the Department of Defense
program by which State and local law enforcement agencies may procure certain law
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enforcement equipment through the Department. Introduced July 27, 1999; referred to
Committee on Armed Services.
H.R. 2633 (Horn)
Amends title 18, United States Code, to prevent the misuse of genuine and counterfeit
police badges by those seeking to commit a crime, and for other purposes. Introduced July
29, 1999; referred to Committee on Judiciary.
H.R. 3128 (Paul)
Police Security Protection Act, amends the Internal Revenue Code of 1986 to provide
for a nonrefundable tax credit for law enforcement officers who purchase armor vests, and
for other purposes. Introduced October 21, 1999, referred to Committee on Ways and
Means.
H.R. 3209 (Blagojevich)
Provide grants to law enforcement agencies to purchase firearms needed to perform law
enforcement duties. Introduced November 3, 1999; referred to Committee on Judiciary.
H.R. 3235 (Barrett)
Improves academic and social outcomes for youth and reduce both juvenile crime and
the risk that youth will become victims of crime by providing productive activities conducted
by law enforcement personnel during nonschool hours. Introduced November 5, 1999;
referred to Committee on Judiciary.
H.R. 3255 (Norton)
Assist local governments in conducting gun buyback programs. Introduced November
8, 1999; referred to Committee on Judiciary.
H.R. 3694 (Sweeney)
Law Enforcement Officers Privacy Protection Act amends rule 26 of the Federal Rules
of Civil Procedure to provide for the confidentiality of a personnel record or personal
information of a law enforcement officer. Introduced February 16, 2000, referred to
Committee on Judiciary.
H.R. 3896 (Ramstad)
Amends title I of the Omnibus Control and Safe Streets Act of 1968 to provide
standards and procedures to guide both State and local law enforcement agencies and law
enforcement officers during internal investigations, interrogation of law enforcement officers,
and administrative disciplinary hearings, to ensure accountability of law enforcement officers,
to guarantee the due process rights of law enforcement officers, and to require States to enact
law enforcement discipline, accountability, and due process laws. Introduced March 9, 2000,
referred to Committee on Judiciary.
S. 9 (Daschle)
Combats violent and gang-related crime in schools and on the streets, reforms the
juvenile justice system, targets international crime, promotes effective drug and and other
crime prevention programs, asists crime victims, and for other purposes. Title II, Subtitle A,
refers to more police officers on the beat. Subtitle D refers to assistance to local law
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enforcement, and Subtitle E refers to protecting federal, state, and local law enforcement
officers and the Judiciary. Introduced January 19, 1999; referred to Committee on Judiciary.
S. 158 (Moynihan)
Amends Title 18, U.S. Code, to regulate the manufacture, importation, and sale of
ammunition capable of piercing police body armor. Introduced January 19, 1999; referred
to Committee on Judiciary.
S. 716 (Kohl)
The 21st Century Safe and Sound Communities Act. Title V reauthorizes the COPS
Program and Juvenile Justice Programs. Introduced March 25, 1999; referred to Committee
on Judiciary.
S. 718 (Mikulski)
Amends chapters 83 and 84 of title 5, U.S. Code, to extend the civil service retirement
provisions of such chapter which are applicable to law enforcement officers, to inspectors of
the Immigration and Naturalization Service, inspectors and canine enforcement officers of the
United States Customs Service, and revenue officers of the Internal Revenue Service.
Introduced March 25, 1999; referred to Committee on Governmental Affairs.
S. 726 (Campbell)
Establishes a matching grant program to help state and local jurisdictions purchase bullet
resistant equipment for use by law enforcement departments. Introduced March 25, 1999;
referred to Committee on Judiciary.
S. 783 (Feinstein)
Limits access to body armor by violent felons and to facilitate the donation of federal
surplus body armor to state and local law enforcement agencies. Introduced April 13, 1999;
referred to Committee on Judiciary.
S. 821 (Lautenberg)
Provides for the collection of data on traffic stops. Introduced April 15, 1999; referred
to Committee on Judiciary.
S. 850 (Boxer)
Makes schools safer by waiving the local matching requirement under the Community
Policing program for the placement of law enforcement officers in local schools. Introduced
April 21, 1999; referred to Committee on Judiciary.
S. 899 (Hatch)
Reduces crime and protects the public in the 21st Century by strengthening federal
assistance to state and local law enforcement, and for other purposes. Introduced April 28,
1999; referred to Committee on Judiciary.
S. 1235 (Leahy)
Amends part G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to
allow railroad police officers to attend the Federal Bureau of Investigation National Academy
for law enforcement training. Introduced June 17, 1999; referred to Committee on Judiciary.
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S. 1286 (Boxer)
School Safety Fund Act of 1999 authorizes the Attorney General to make grants to local
educational agencies to carry out school violence prevention and school safety activities in
secondary schools. In Sec. 6, authorized activities include hiring community police officers.
Introduced June 24, 1999; referred to Committee on Judiciary.
S. 1874 (Graham)
Improves academic and social outcomes for youth and reduces both juvenile crime and
the risk that youth will become victims of crime by providing productive activities conducted
by law enforcement personnel during nonschool hours. Introduced November 5, 1999;
referred to Committee on Judiciary.
S. 2256 (Biden)
Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide
standards and procedures to guide both State and local law enforcement agencies and law
enforcement officers during internal investigations, interrogation of law enforcement officers,
to guarantee the due process rights of law enforcement officers, and to require States to enact
law enforcement discipline, accountability, and due process laws. Introduced March 21,
2000, referred to Committee on Judiciary.
S. 3130 (Hatch)
Provides for post-conviction DNA testing, to facilitate th exchange by law enforcement
agencies of DNA identification information relating to felony offenders and for other
purposes. Introduced September 28, 2000; referred to Committee on Judiciary.
S. 3192 (Torricelli)
Provide grants to law enforcement agencies to purchase firearms needed to perform law
enforcement duties. Introduced September 22, 2000; referred to Committee on Judiciary.
CONGRESSIONAL HEARINGS, REPORTS, AND DOCUMENTS
U.S. Congress. Senate. Subcommittee on Youth Violence. The President’s Fiscal Year
2000 Office of Justice Programs Budget: Undercutting State and Local Law
Enforcement in the 21st Century. Hearing, 106th Congress, 1st session, March 25, 1999.
U.S. Congress. House. Subcommittee on Crime. Bulletproof Vest Partnership Grant Act
of 1997 (H.R. 2829). Hearing, 105th Congress, 2nd session, March 25, 1998.
—— Rural Law Enforcement Assistance Act of 1997 (H.R. 1524) Hearing, 105th Congress,
2nd session, March 25, 1998.
FOR ADDITIONAL READING
U.S. Department of Justice. The Clinton Administration’s Law Enforcement Strategy:
Combating Crime with Community Policing and Community Prosecution (Washington:
March 1999)
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U.S. Department of Justice. Bureau of Justice Assistance. Public Safety Officers’
Educational Assistance Program (Washington: August 1999).
—— Local Law Enforcement Block Grant Program: Public Safety Officers Health Benefits
Provision (Washington: June 1997).
—— Public Safety Officer Benefits Program (Washington: November 1996).
U.S. Department of Justice. Bureau of Justice Statistics. Census of State and Local Law
Enforcement Agencies, 1996 (Washington: June 1998).
—— Federal Law Enforcement Officers, 1998 (Washington: March 2000).
------ Traffic Stop Data Collection Policies for State Police, 1999 (Washington: February
2000)
—— Law Enforcement Management and Administrative Statistics, 1997: Data for Individual
State and Local Agencies with 100 or More Officers (Washington: April 1999).
U.S. General Accounting Office. Community Policing: Issues Related to the Design,
Operation, and Management of the Grant Program (Washington: September 1997).
CRS Products
CRS Report 98-507. Bulletproof Vest Partnership Grants, by JoAnne O’Bryant. 2 p.
CRS Report 97-196. Community Oriented Policing Services, by David Teasley and JoAnne
O’Bryant. 6 p.
CRS Report 94-350. Community Policing: An Overview, by David Teasley. 18 p.
CRS Report 97-265. Crime Control Assistance Through the Byrne Programs, by Garrine
P. Laney. 6 p.
CRS Report 97-153. Federal Crime Control Assistance to State and Local Governments,
by Suzanne Cavanagh and David Teasley. 6 p.
CRS Report 97-27. Gun Control Provisions in the Omnibus Consolidated Appropriations
Act, 1997, by James Sayler. 6 p.
CRS Report 97-87. Local Law Enforcement Block Grants Program, by David Teasley. 6 p.
CRS Report 97-460. Police Officers’ Bill of Rights, by JoAnne O’Bryant. 4 p.
CRS Report 96-407. State Statutes Which Authorize State Law Enforcement Officers to
Carry Concealed Weapons, by Paul L. Morgan. 6 p.
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