# Crime Control: Administration and Congressional Initiatives > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AIB81172 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** October 21, 1983 - **Citation:** IB81172 ## Text 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