Crime Control: Administration and Congressional Initiatives

C R I M E CONTROL:

ADMINISTRATION

AND CONGRESSIONAL INITIATIVES

I S S U E BRIEF NUMBER. I B 8 1 1 7 2

AUTHOR:

Frederick Kaiser

Government Division

T H E LIBRARY OF C O N G R E S S

CONGRESSIONAL RESEARCH SERVICE

MAJOR

ISSUES SYSTEM

D A T E ORIGINATED 11/16/81

DATE U P D A T E D 10/21/83

FOR ADDITIONAL

INFORMATION CALL 287-5700

1021

CRS- 1

ISSUE DEFINITION

The Reagan Administration announced its major crime Control proposals

in

1 9 8 1 , shortly after the final report from the Attorney General's Task Force

on Violent Crims, and reiterated support for significant changes in Crime

control legislation in 1983. Congressional initiatives and modifications of

those proposals continue interest and controversy in crime control matters i n

the 98th Congress.

However, concerns have. surfaced over specific proposals,

budget and personnel reductions affecting some agencies, the phaseout or

re-establishment

of certain programs and

agencies,

the

tranfer

of

jurisdictional responsibility, and the imposition of new

duties

and

responsibilities without additional resources.

(See also the

related

specialized issue briefs on law and crime control.)

BACKGROUND AND POLICY ANALYSIS

THE REAGAN ADMINISTRATION'S PROPOSED CRIME CONTROL PROGRAM

Attorney General Smith announced the Administration's initial crime

control program a t hearings before the Senate Judiciary Subcommittee on

Criminal Law Oct. 23, 1981, and the House Judiciary Subcommittee on Crime

4, 1981.

Controversy over some of the provisions led to

the

Kov.

incroduction of new proposals in September 1982, that concentrated on a

narrower range of issues.

Failure to achieve passage of comprehensive

legislation and the President's veto of a crime control bill in the 97th

Congress, however, did not nullify all action in this area.

In the

President's 1983 State of the Union address, he reiterated support for new

initiatives, especially against drug trafficking and in favor of parole

reform, protection for victims and witnesses, and us'e of surplus Federal

property for prisons.

Some of the major areas of the President's program,

detailed in a 628-page message, are highlighted below:

--The Comprehensive Crime Control Act of 1983

On Mar.

1 6 , 1983, the

Reagan Administration submitted a new set of proposals -- the Comprehensive

829.

S. 8 2 9 .

Crime Control Act of 1983 -- introduced, by request, a s S.

contains 16 titles, including most of the provisions of the Violent Crime and

Drug Enforcement Improvements Act of 1982 (S. 2572, 97th Congress) that had

passed the Senate-95-1 but was not acted upon in . t h e House.

The major

ingredients of S. 8 2 9 include changes in the bail law, elimination of parole,

imposition of the death penalty for certain specified crimes, curtailing the

insanity defense, limitations on the impact of the exclusionary rule, limits

on Federal judicial interference in State criminal proceedings, modernizing

international extradition procedures, authority for Federal assistance. to

State and local law enforcement, and specialized labor racketeering and

violent crime controls. A more limited version, S. 1762, has been approved

by the Senate Judiciary Committee.

--Strengthening Narcotics Law Enforcement.

The Administration has favored

legislation to strengthen narcotics law enforcem.ent, including P.L. 97-86, to

ailow specified military assistance for civilian law enforcement authorities,

and S.

829 contains relevant provisions to combat drug

trafficking.

Congressional approval of H.R. 3963 late in 1 9 8 2 contained several provisions

f o r combatting drug trafficking.

One of these, -- creation of a new

CRS- 2

IB81172

UPDATE-~O/~~

Cabinet-level office to coordinate such efforts -- however, met with Justice

Department criticism. And President Reagan pocket vetoed the bill, in part

because of his stated opposition to the "drug czar," the additional layer of

bureaucracy it would

create, and its perceived adverse impact on law

enforcement.

Through administrative changes, 1 2 new interagency task forces have been

created to stem the trafficking in illicit drugs.

The task forces, modeled

after one that has been operating in southern Florida, are composed of

agencies from the Justice and Treasury Departments, a s well a s the U.S. Coast

Guard, and are expected to improve and better

coordinate Federal law

enforcement efforts in this regard. Later, after criticism that this effort

had no new funding to carry out the expanded assignments, the Administration

submitted a request for an additional $127.5

million for 9 8 3 and $103

million in FY84.

--Revising the Bail Reform Act of 1966. The Administration program in S.

829 calls for strengthening bail laws, by denying bail to those found to

present a danger to others, by reversing the current standard presumptively

favoring the release of convicted persons awaiting sentencing or appeal, and

by increasing penalties for jumping bail.

--Corrections.

To provide additional space for housing prisoners, the

Administration favors making surplus Federal property available a t no cost to

States for criminal justice facilities and has supported legislation to

accomplish this goal.

a Federal

--Mandatory Sentencing for Using Firearms When Committing Felony. The Administration supports mandatory minimum

sentences for use,

display, or possession of a firearm during and in relation to commission of a

Federal crime of violence.

The

--Strengthening

Prosecution and Control of Youthful Offenders.

Administration has recommended that the criminal code S e amended to allow

Federal courts to proceed against all juveniles who commit Federal crimes.

Under current law, most cases of violations of Federal l a w by

juveniles are

referred to State juvenile courts.

The Administration also supported

proposals allowing for the prosecution of a

juvenile a s an adult if the

offender i s at least 1 7 years of age or is charged with a violent felony or

trafficking in drugs; and it recommends that juveniles convicted of s e r i o u s crimes in Federal Courts be fingerprinted and photographed.

--Death Penalty.

In S. 829, the Administration supported legislation to

restore the death penalty as a sanction for the most serious Federal crimes

committed under aggravating circumstances .(see

CRS

IB73013,

Capital

Punishment).

--Strengthening Enforcement Against Labor Racketeering.

To facilitate. the

fight against organized crime eiements in

labor

organizations,

the

Administration has supported several proposals, including provision

for a

general "labor briberyw offense, that are included in S. 829.

-

-- Organizational Developments.

Along with this program, the Reagan

Administration embarked on several reorganizations or transfers affecting

crime control agencies and operation.

The Attorney General, for instance,

ordered the establishment of Law Enforcement Coordinating Committees by U.S.

Attorneys in the 9 5 Federal judicial districts.

These committees a r e to

develop plans on how to use their joint resources against crime problems in

CRS- 3

IB81172

UPDATE-~O/~~

the districts, with plans forwarded t o

Washington

for

review

and

implementation by the Attorney General's staff.

In other Justice Department

developments, the Drug Enforcement Administration has been placed under the

supervision of the Director of the Federal Bureau of Investigation; and the

Law Enforcement Assistance Administration was terminated a s of Apr. 1 5 , 1982,

with its remaining grant programs closed out or administered by the Office

for Justice Assistance, Research, and Statistics

(OJARS).

Federal Trade

primary

Commission antitrust enforcement has

been

reduced, - leaving

responsibility in this area with the Justice Department's Antitrust Division.

The Treasury Department law enforcement operations have also been affected

by

(proposed) reorganizations.

One

considered

would

have

abolished the Bureau of Alcohol, Tobacco and Firearms

(BATF), sending

firearms, arson, and explosives law enforcement to the Secret Service and

alcohol and tobacco regulation to the Customs Service.

-- F Y 8 4 Appropriations.

Unlike the two previous fiscal years under

President Reagan, and in contrast with most other budget categories, the

Administration has requested a substantial increase of 15.2% in funding for

the administration of justice. For the first time, the FBI alone would

surpass $1 billion and a new $90 million anti-crime grant program t o States

and localities would be instituted.

THE ATTORNEY GENERAL'S TASK FORCE ON VIOLENT CRIME

In April 1981, Attorney General Smith appointed a bipartisan, eight-member

Task Force on Violent Crime, co-chaired by former U.S.

Attorney

General

Griffin B. Bell and Governor James R. Thompson of Illinois. The Task Force

was instructed to make specific recommendations to the Attorney

General on

ways the Federal Government could help control violent

crime

while

maintaining its efforts against organized crime and white collar crime.

in a report issued Aug. 1 7 , 1981, the Task Force listed 64 recommendations

to the Attorney General on ways in which the Federal Government could do more

to combat violent crime.

Fifteen recommendations focused on measures that

the Department of Justice

(DOJ) could undertake in accordance with i t s

existing structure and mandates.

The remaining recommendations related to

changes in Federal criminal statutes, funding levels, and resources which

would increase the Federal Government's impact on violent crime.

'

The former recommendations affecting DoJ are primarily concerned with

means of the apprehension of narcotics offenders, coordinating and improving

crime data and research, improving technical assistance to States and local

governments, and using Federal buildings for correctional facilities.

And the latter recommendations regarding the Federal role affect f i v e

areas:

Federal law and its enforcement, criminal procedure, federalism in

criminal

justice,

juvenile

crime,

and

victims

of

crime.

Major

recommendations here include means to control narcotics traffic, strengthen

firearms control, increase Federal law enforcement and legal personnel, amend

the Bail Reform Act, provide uniform

sentencing guidelines, revise habeas

corpus requirements, provide funds for prison construction, provide various

forms of technical and financial assistance for State and local governments,

strengthen crime research and statistics, strengthen the Federal role i n

various crime areas, and provide support for victims of crime.

CRS- 4

The most important recommendation, according to the co-chairmen

of the

Task Force, was that $2 billion be made available to States for the

construction of prisons, the only recommendation that included a cost

estimate. The Task Force also recommended Federal assistance for the

replacement or renovation of outmoded or substandard correctional facilities,

emphasizing the most appropriate use of available space. .

The Attorney General indicated that the DOJ has already- implemented 1 2 of

the 1 5 Task Force recommendations affecting this Department directly but

requiring no additional funds.

These include establishing law enforcement

coordinating committees in each Federal district and expanding the training

and Support programs provided by the ~ e d e r a lGovernment to State and local

law enforcement personnel.

Some of the other program areas addressed by the Administration generally

Conform to those addressed by the remaining Task Force recommendations.

Both

recommended criminal code reform, more stringent narcotics enforcement, gun

Control, arson control, bail reform, limits on the exclusionary rule,

Sentencing reforms, habeas corpus revisions, strengthened prosecution of

juveniles, and other miscellaneous changes.

However, the Administration

has not addressed several of the major

recommendations of the Task Force, primarily those involving expenditures of

funds.

For example, the Administration did not express support for the Task

Force recommendations for extensive new funding for prison construction;

funding for research, demonstration, evaluation, and implementation of

innovative programs; funding for personnel increases in

Federal

law

enforcement and prosecutorial agencies; and financial assistance for State

and local governments having a demonstrated criminal justice disaster or

emergency.

Some Members of Congress have questioned whether, without new

funds, there would be enough manpower in Federal agencies to benefit from

changes in the criminal laws.

Finaily, the Administration's program has addressed some areas that a r e

not targeted by the Task Force, including legislation to deter fraud against

the government and recover Federal funds paid out for false claims;

restoration of the death penalty a s a sanction for the most

serious Federal

crimes committed under aggravating circumstances; and

legislation

to

strengthen Federal enforcement against labor racketeering.

CONGRESSIONAL

CRIME CONTROL

In ad-dition to legislation supporting the Administration's

program, other congressional initiatives have occurred.

crime

control

Anti-Crime Assistance

In the past, Federal anti-crime assistance to State and local governments

was made available through the Law Enforcement Assistance Administration

(LEAA) under the authority of the Omnibus Crime Control and Safe Streets Act

of 1968, a s amended (42 USC 3701).

Although the LEAA grant programs had been

authorized through FY83, budget reductions beginning in 1 9 8 0 resulted in

their virtual elimination, with only four highly specialized grant programs

remaining to be administered by OJARS, the successor administrative agency to

LEAA.

CRS- 5

IB81172

UPDATE-10/21/83

With the decline of this assistance program, several bills were introduced

in the 97th Congress to create a new program of anti-crime grants for State

and local governments.

In the 97th Congress, the House and Senate approved

different versions of bills reinstituting such assistance.

Both chambers,

however, agreed to a compromise version attached to H.R;

3963, which was

approved in the lame duck session of the 97th Congress that included $170

million to fund State and local programs over the next two years. The bill,

however, was pocket vetoed on Jan. 1 4 , 1983.

Despite this, the Reagan Administration.has requested new authority for

such programs in S. 829 along with funding for such assistance programs

$90 million in FY84

although it has called for the elimination of fund'ing

f o r the Juvenile Justice grant program.

Also new bills, H.R.

2175, and S.

range of grant

5 3 , have been introduced to provide authority for a broader

programs than presently exist.

On May 1 0 , 1983, the House overwhelmingly

approved H.R. 2175.

--

--

Bureau of Alcohol, Tobacco, and Firearms (BATF)

The Senate Appropriations Subcommittee on the Treasury approved a plan

that modified the Administration's proposal to dismantle BATF, dividing its

jurisdiction between Customs and the Secret Service.

in the 97th Congress,

the Subcommittee, agreeing to a proposal from Senator DeConcini, recommended

that Only arson, bombing, and explosives functions be transferred t o the

Secret Service (along with 717 BATF agents).

Firearms, alcohol, and tobacco

functions would remain with a renamed entity, the Treasury Compliance Agency.

Arson

A variety of bills have been introduced over several Congresses to improve

Federal anti-arson efforts. Referred to a s "billion-dollar crime," arson has

been estimated to cause direct property losses of at least $1.7

billion

annually, also killing 1 , 0 0 0 people and injuring more than 3 , 0 0 0 others.

Pending legislation has concentrated on establishing

an

inter-agency

Committee on Ars0.n Prevention and Control to coordinate Federal programs and

to provide assistance to State and local authorities in

preventing,

detecting, and controlling arsons.

--

P.L.

97-298

--

instead

of

arson offenders.

introduced in the House, it extended Federal criminal code

jurisdiction in this regard and clarified that arson involving property used

in or affecting interstate and foregin commerce constitutes a Federal

offense. A Senate amendment elevated arson to the status of a major

crime

for the 'purposes of the FBI's Uniform Crime Reports.

Congress, however, enacted legislation

that

. focusea on Federal criminal code changes i n order t o ease the prosecution

Drug Czar

Congressional initiatives to create a so-called

"Drug Czar" or central

office responsible for coordinating Federal anti-narcotics law enforcement,

A section of H.R.

3963 provided

for such an

began in the 97th Congress.

In the 98th

cbffice -- one of the reasons President Reagan vetoed it.

C:;ngress the House Judiciary Committee has approved a bill, H.R.

4028, that

would increase the authority of the existing 0ff.ice.of Drug Abuse Policy ko

CRS- 6

IB81172

UPDATE-~O/~~

aid in coordinating law enforcement efforts, and the Senate Judiciary

Committee has recommended, in S. 1787, creation of a Cabinet-level office for

coordinate such efforts.

Inspectors General

Offices of inspector general have been statutorily established in most

Federal departments, beginning in 1976, a s mechanisms to detect waste, fraud

and abuse, among other duties.

Recent congressional initiatives have focused

on expanding such offices to the remaining.departments -- Defense, Justice,

and Treasury -- and to select agencies and on ensuring their independence by

restricting the President's removal powers and creating fixed terms for the

IGs. In both the 96th and 97th Congresses, the House (but not the Senate)

has approved bills extending IGs to the remaining Cabinet Departments.

In

separate action, a new IG has been created in Defense through P.L.

97-252,

the-Department's FY83 Authorization Act.

Although somewhat more restricted

than the pre-existing statutory IGs, the DoD IG operates under the same

general authorities a s its counterparts established by P.L. 95-452.

Criminal Adulteration of Drugs and Foods

Because of the poisoning

involving Extra-Strength

Tylenol and

the

resulting Ceaths, bills were introduced to clarify and expand Federal

jurisdiction in this area in the 97th Congress. As cleared by both Chambers

during the post-election session, the vetoed bill, H.R.

3963, would have

created.a new Federal crime of tampering with drugs, cosmetics, or other

consumer goods.

In the 98th Congress, both Chambers approved separte

anti-tampering bills, H.R. 2174 and S. 216; and the Senate approved the House

amended version on Sept. 30, 1983.

Senate Cemocratic Crime Control Package

On the same date -- Mar. 1 6 , 1983 -- that the Reagan Administration's

crime control proposals

reached the 98th Congress, 29 Senate Democrats

introduced S. 830, a proposal to combat violent crime and organized crime a s

well as to improve the administration of justice.

=Pertinent 97th Congress Legislation

This section tracks major general crime control legislation of the 97th

Congress that receivea congressional action (i.e., hearings have been held).

Further information on legislation relating to specific areas appears i n

IB76061 and IB77119 (illicit drug law enforcement),

IB81170

(criminal code

reform),

IB81171

(prison reform),

I B 7 4 0 1 1 - (gun control),

and

IB76001

(Presidential protection).

P.L. 97-86, S. 815

Department of Defense authorizatiqns for FY82 includes a section

(915)

amending Title 1 0 , U.S.C., to provide indirect assistance to civilian law

enforcement officials, consistent with the principles established in the

Passe Comitatus Act (18 U.S.C. 1385).

Introduced Mar. 26, 1981; referred to

Committee on Armed Services; reported May 6 , 1981 (S.Rept. 97-58); considered

i n Senate May 1 2 and May 14; and approved, 92-1,. a s amended, May

1 4 , 1981.

CRS- 7

Passed House, amended, in lieu of H.R.

3519 July 1 6 , 1981.

A Conference Committee Report (H.Rept. 97-311), filed on Nov. 3 , 1981, was

approved by the Senate on Nov. 5 and by the House on Nov. 1 7 , and was signed

into law (P.L. 97-86) on Dec. 1 , 1981.

The final version modified both

earlier versions permitting the Secretary of Defense and .military units t o

share military intelligence; lend Armed Forces

(except for Coast Guard)

equipment and facilities; train and advise civilians in the operation and

maintenance of such equipment; operate and maintain, under limited emergency

circumstances, equipment previously made available; and transport civilian

agents outside the land areas of the United States; but prohibited the direct

participation of nilitary personnel in civilian law enforcement activities,

such as searches, seizures, and arrests, unless otherwise approved by law.

P.L. 9?-143, S. 1976

Amends 4 0 U.S.C. 1 9 3 a , as amended, to clarify the authority of the U.S.

Capitol Police to extend protection beyond the Capitol Grounds subject t o the

direction of the Capitol Police Board.

Introduced Dec. 1 6 , 1981, and

approved by the House and Senate on that same day.

F.L. 97-252, S. 2248

Department of Defense Authorization Act for FY83 included provision for a n

Office of Inspector Generai, to operate under the Inspector General Act of

1978 (P.L. 95-452).

In specified sensitive and national security related

areas, however, the IG is to serve under the authority direction, and control

of the Secretary of Defense. The Senate on Aug. 17, and the House, on Aug.

1 8 , 1982, agreed to the Conference Committe'e report

(H.Rept.

97-749)

containing provision for an IG, which was a compromise between the initial

House (H.Rept. 97-482) and Senate versions (S.Rept. 97-330).

P.L. 97-298, H.R.

6454

Amends the Federal criminal code to extend current offenses involving the

use of explosives to include the use of fire and clarifies that arson

involving property used in or affecting interstate or foreign commerce

Introduced May 20, 1982, and referred to the

constitutes a Federal offense.

House Judiciary Committee which reported the bill on July 28

(H.Rept.

97-678).

It passed the House on Aug. 2, and the Senate, a s amended, on Sept.- 22. The Senate amendment, introduced by Senator Glenn, elevated arson t o the

status of a major crime for purposes of the FBI's Uniform Crime Reports.

The

1, and

if was

House agreed ,to the Senate amendment by voice vote on Oct.

signed into law on Oct. 1 2 , 1982.

H.R.

2098 (Brooks et al.)

Amends the Inspector General Act of 1978 - t o establish IGs i n . the

Departments of Defense, Justice, and the Treasury, and in the Agency

for

International Development.

Introduced Feb. 25, 1981; referred to Committee

on Government Operations.

Subcommittee on Legislation and National

Security

held hearings on Apr. 8 ; an amended bill was sent to the full committee which

considered it and reported it out on May 7 (H.Rept.

97-40).

The bill was

considered in the House on May 1 8 and approved, 334 to 6 5 , May 1 9 , 1981.

Hearings held on this and a related Senate bill, S. 1327, June 1 8 , 1981, by

the Senate Governmental Affairs Committee.

H.R.

3963 (Hughes)

CRS- 8

IB81172

UPDATE-10/21/83

A bill to amend the Contract Services for Drug Dependent Federal Offenders

Act of 1978 was amended to include: a new grant program for State and local

law enforcement, operating under a new Office of Justice Assistance;

increased fines for drug traffickers and provision for forfeiture of property

related to illegal drug enterprises; new penalties for tampering with drugs,

food, or other consumer products; a new Federal Cabinet-level Office of the

Director of National and International Drug Operations and Policy; and

provision to try armed career criminals in Federal court.

Introduced June 6 ,

1981, and reported by the House Judiciary Committee on Oct. 21, 1981 (H.Rept.

97-283), and by the Senate Judiciary Commi.ttee, without written report, on

Sept. 29, 1982. Approved by the House Oct. 26, 1961, and amended

in the

Senate on Sept. 30, 1982. The House disagreed to the Senate amendment on

Oct. 1 0 , 1982; and a conference was scheduled. Later, on Dec. 20, 1 9 8 2 , the

House receded and concurred in the Senate amenanent with a n amendment, under

a suspension of the rules (271-27). The Senate, on Dec. 20, 1982, agreed to

the House amendment.

On Jan. 1 4 , 1983, President Reagan pocket vetoed H.R.

3963.

H.R.

4481 (Hughes et al.)

Justice Assistance Act of 1981. Amends

title I of the Ominbus Crime

Control and Safe Streets Act of 1968.

Title I of the bill establishes an

Office of Justice Assistance within the Department of Justice under the

general authority of the Attorney General.

Authorizes

formula

and

discretionary grants for a limited number of anticrime projects.

Title I1

authorizes State and local governments to apply for emergency Federal law

enforcement assistance.

Appropriations of $170 million for each year,

FY80-83, are authorized for Title I.

Appropriations of $20 million per

fiscal year ending after Sept.

30, 1982, are authorized for title 11.

Initially introduced a s H.R. 3359 on Apr. 3 0 , 1981. Referred to Committee on

Judiciary Subcommittee on Crime.

Subcommittee hearings held May 1 1 , and

field hearings held May and June 1981. Introduced as a clean bill Sept.

15.

FavoraSly reported by Judiciary Committee, a s amended, Oct. 2 6 , 1981 (H.Rept.

97-2931, and approved, a s amended, by House on Feb.

1 0 , 1982; referred t o

Senate Committee on the Judiciary.

The Senate version, S. 2411, a s amended

on the floor, was inserted in lieu of the text of H.R. 4 4 8 1 , which was then

No further action

approved and a conference called for, on Dec. 9 , 1982.

occurred in the 97th Congress.

H.R.

6 4 5 4 (Hughes et al.)

Amends the Federal criminal code to extend current offenses involving the

Introduced May 20, 1982;

use of ex<losives to include the use of fire.

referred to Committee on the Judiciary, which reported i t favorably July 2 8

2,

(H.Rept. 97-678).

Passed House, under a suspension of the rules, Aug.

1982.

S. 1554 (Thurmond et al.)

Bail Reform Act of 1981. Specifies conditions for release or detention of

defendant pending trial or pending sentence or appeal; and sets forth other

bail procedures.

Eliminates execution of a money bond a s a condition for

pretrial release. Authorizes a judicial officer to consider the Safety of

people or the community when making pretrial release

determinations.

Establishes a mandatory release condition that the person not commit a crime

during release and expands the discretionary release conditions.

Authorizes

u p to 1 0 days detention of persons presently on pretrial release for a felony

CRS- 9

or on probation, parole, or release for any offenses to assure court

appearance and the safety of the community and other people.

Authorizes

pretrial detention under certain circumstances.

Requires a detention hearing

under certain conditions and allows the government t o request a detention

hearing under certain conditions. Lists additional factors to be considered

in making a release determination. Requires the detention of persons who

appeal a conviction unless there i s convincing evidence that they will

neither flee nor pose a danger to others and that the appeal raises

substantial question of law or fact.

Establishes mandatory additional

penalties for offenses committed while on pretrial release.

Authorizes a

U.S. attorney to appeal a release order.

Introduced July 31, 1981; referred

to Judiciary Committee.

Hearings held by Subcommittee on the Constitution

Sept. 1 7 and Oct. 21. Reported as amended, to Judiciary Committee Nov.

3.

Judiciary Committe favorably reported the measure, with amendments, Mar.

4,

1982 (S.Rept. 97-31;).

S. 1762 (Thurmond et al.)

Comprehensive Crime Control Act of 1983.

Reforms criminal sentencing,

criminal forfeiture, the insanity defense, and

controlled

substances

penalties provisions.

Introduced Aug. 4 , 1983; reported by the Judiciary

Committee (S.Rept.

98-225) on Sept.

1 4 , and by the Foreign Relations

Committee (S.Rept. 98-241) on Sept. 26, 1983.

S. 1787 (Bidec et al.)

Establishes an Office of the Director of National and International Drug

Operations and Policy.

Authorizes the Director to develop, implement, and

enforce U.S. Grant policy with respect to illegal drugs.

Introduced Aug. 4 ,

1983; reported (without written report) by the Judiciary Committee on the

same date.

S. 2411 (Specter et al.)

Amends Title I of the Omnibus Crime Control and Safe Streets Act of 1 9 6 8

to replace the Office of Justice Assistance, Research, and Statistics with a

new Office of Justice Assistance; replaces the formula grant program with a

"nationai priority

implementation and replication program;"

revises the

current discretionary grant program and retains the training and manpower

development program; and authorizes States to apply for emergency Federal l a w enforcement assistance.

Introduced Apr,. 21, 1982; referred to Committee on

the Judiciary, which reported the bill with amendment on Sept.

24, 1 9 8 2

(S-Rept. 97-587).

The full Senate, on Dec. 9 , 1982, passed H.R. 4481 with a n

amended text of S. 2411 as substitute; and a conference was called for, but

no further action on the bill occurred.

S. 2572 (Thurmond et al.)

A bill to revise the Federal criminal code with respect to illicit drug

trafficking and violent crime.

Introduced May 26, 1982; placed. on Senate

calendar.

It was approved 95-1, on Sept. 30, 1982.

LEGISLATION

H.R.

1 3 3 7 (Hughes et al.)

Amends title 1 8 , U.S.

Code, to prohibit tampering with

consumer

products

with intent to cause injury or death.

Introduced Feb. 8 , 1983; referred to

the Committee on the Judiciary.

Subcommittee on Crime held hearings on Mar.

2, 1983. On March 1 7 , the Subcommittee approved a clean bill, H.R. 2174, for

full committee consideration.

H.R.

1338 (Hughes et,al.)

The Justice Assistance Act of 1983. Amends the O m n i b u s - C r i m e Control and

Safe Streets Act of 1968, and for other purposes.

Introduced Feb.

8 , 1983;

referred to the Committee on the Judiciary.

Hearings held on Feb.

23, Mar.

1 0 , and Mar. 1 4 , 1983, by the Subcommittee on Crime, which reported a clean

bill, H.R. 2175, for full Committee consideration on Mar. 1 7 , 1983.

H.R.

2174 (Hughes et al.)

Federal Anti-Tampering Act.

Amends title 1 8 , U.S.C., to prohibit

certain

tampering with consumer products.

Submitted for

Judiciary

Committee

consideration by the Subcommittee on Crime, Mar. 1 7 , 1983, a s a clean bill in

lieu of H.R. 1337; reported, a s amended by the full Committee (H.Rept. 98-93)

on Apr. 20, 1983, and approved, a s amended, by the full Chamber

(292-0)'

on

May 9 , 1983. The House inserted the text of H.R. 2174 in S. 216, the Senate

version of the bill, which was later approved by the Senate.

E.R.

2175 (Huges et al.)

Justice Assistance Act of 1983. Amends the Omnibus Crime Control and Safe

Streets Act of 1983, and for other purposes.

Introduced by the House

Judiciary Subcommittee on Crime a s a clean bill in lieu of H.R. 1338, on Mar.

1 7 , 1983; reportee by the Judiciary Committee on Apr.

20, 1983

(H.Rept.

98-65).

Approved (399-16) a s amended by the House on May 1 0 , 1983.

E.R.

4028

Revises the authority of the office of Drug Abnse Policy, among other

things, and establishes a Deputy Director for Drug Enforcement in that

office.

Introduced Sept. 29, 1983, a s a clean bill, following consideration

of a similar bill, H.R. 3664, and ordered reported by the Judiciary Committee

on Oct. 4, 1983.

S. 5 2 (Specter)

Armed Career Criminals Act.

Establishes a mandatory sentence of 1 5 years

to life imprisonment to combat crimes of armed robery and armed burglary.

Introduced Jan. 26,'1983; referred to the Judiciary Committee, which' held

hearings on May 26 and ordered the bill reported favorably on June 1 6 , 1983.

S. 53 (Specter et al.)

Justice Assistance ~ c of

t 1983. Amends the Omnibus Crime Control and Safe

Streets Act of 1968, by establishing a new Office of Justice .Assistance,

replacing the formula grant program with

"national priority

implementation

and. replication programs," revising the current discretionary grant program,

and authorizing appropriations for emergency law enforcement assistance to

states.

Introduced Jan.

26, 1983; referred to the Committee on the

Judiciary.

Subcommittee on Juvenile Justice held hearings on April 1 4 and

approved the bill with an amendment in the nature of a substitute on May 5.

The full Committee ordered i t favorably reported on June 1 6 , 1983.

S. 216 (Thurmond et al.)

The Federal Anti-Tampering Act.

Amends title 1 8 , U.S.

Code, to combat,

deter, and punish individuals who adulterate or otherwise tamper with food,

drug, cosmetic, and other products with intent to cause personal injury,

death, or other harm.

Introduced Jan. 27, 1983; r e f e r r e d - t o the Committee on

the Judiciary, which reported it with amendment in the nature of a substitute

Senate approved, as amended, on May 9 , 1983.

(S.Rept. 98-69) on May 2, 1983.

Later, the House inserted the text of its version

(H.R.

2174) in S. 216,

which the Senate approved on Sept. 30, 1983.

S. 829 (Thurmond, by request)

The Comprehensive Crime Control Act of 1983.

Introduced, a t the request

of the Reagan Aeministration, on Mar. 1 6 , 1983; referred to the Committee on

the Judiciary and hearings held, by the Subcommittee on Juvenile Justice on

May 19; by the Subcommittee on Administration Practice and Procedure on May

26; and by the Subcommittee on Criminal Law on May 4 , 1 1 , 1 8 , 1 9 , and 2 3 ,

1983.

Combats violent crime and crime

organizations

and

improves

the

administration of the criminal- justice system.

Introduced Mar.

1 6 , 1983;

referred to the Committee on the Judiciary.

HEARINGS

U.S.

Congress.

House.

Committee on the Judiciary.

Subcommittee

on Criminal Law.

Attorney General's Task Force on Violent

Crime.

Hearings, 97th Congress, 1st session. Washington,

U.S. Govt. Print. Off., 1981. 8 8 p.

REPORTS AND CONGRESSIONAL DOCUMENTS

U.S.

Congress.

House.

Committee on the ~ u d i c i a r y . Justice

Assistance Act of 1981; report together with dissenting

views to accompany H.R. 4481. -Washington, U.S. Govt.

(97th Congress, 1st session.

Print. Off., 1981. 94 p.

House.

Report no. 97-293)

----- Pretrial Services Act of 1981; report together with

additional and dissenting views to accompany H.R. 3481.

Washington, U.S. Govt. Print. Off., 1981. 3 2 p.

(97th

Congress, 1st session.

House.

Report no. 96-56)

U.S.

Congress.

Senate.

Committee on the Judiciary.

Pretrial

Services Act of 1981; 'report to accompany S. 923. Washington,

U.S. Govt. Print. Off., 1981. 22 p.

(97th Congress, 1st

session.

Senate. Report no. 97-77)

ADDITIONAL REFERENCE SOURCES

a blueprint.

Chicago, published for a Free

Criminal justice reform:

Congress Research and Education Foundation,

Kaiser, Frederick.

Federal law enforcement:

structure and

reorganization.

Criminal justice review, v . 5 , fall 1980:

101-119.

U.S.

Department of Justice. Attorney General's Task Force on

Violent Crime; final report. Washington, 1981. 94 p.

U.S.

General Accounting Office.

T h e Federal bail process fosters

inequities; report to the Congress. of the United States by

the Comptroller General.

Washington, 1978.

64 p.

----- Stronger Federal effort needed in fight against organized crime.

Washington, Dec. 7 , 1981.

Report GGD-82-2.

U.S.

LiSrary of Congress.

Congressional Research Service.

Federal law enforcement reorganization:

developments

in the 95th and 96th Congresses [by] Frederick M. Kaiser

Feb. 6 , 1981.

Report no. 81-40 GOV

U.S.

National Commission on Reform of Federal Criminal Laws.

Final report. Washington, U.S. Govt. Print. Off., 1971.

364 p.

U.S.

President, 1981(Reagan).

Comprehensive Crime Control

Act of 1983: Message from the Pre'sident (Mar. 1 6 , 1983).

628 p.

Zimring, Franklin E.

Making the punishment fit the crime.

Hastings Center Report, v. 6 , December 1976: 13-17.