Crime Control: The Federal Response

Publication Date: September 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Federal crime control efforts traditionally have been directed at problems transcending state boundaries concerned, with maintaining law and order in areas subject exclusively to federal jurisdiction or of national concern. During the 107th Congress, authorities of the Department of Justice (DOJ), specifically the Federal Bureau of Investigation (FBI), were enhanced to deal with homeland security and anti-terrorism problems arising from the September 11, 2001 attacks. Provision made in the USA Patriot Act, P.L. 107-56, was one of the first federal responses to the war on terrorism after the attack. Congress also heightened the authority to secure the Nation's lands and borders through the passage of the Homeland Security Act of 2002 on November 25, 2002.

Amid the law enforcement efforts to combat terrorism, Congress continues to address the issue of the operating authority of the Department of Justice in its law enforcement responsibilities. Legislation (H.R. 2215) regarding the basic authority of DOJ passed in the House and Senate during the 107th Congress. The bill was signed into law November 2, 2002 (P.L. 107-273).

In the past two decades, Congress has been extending federal jurisdiction over crime control to areas once considered to be within state and local jurisdiction (e.g., juvenile justice and gun control), and enlarging federal support of state and local efforts to combat crime. It passed three omnibus crime control bills since 1984. The Comprehensive Crime Control Act of 1984 (P.L. 98-473) overhauled the federal sentencing system and revised bail and forfeiture procedures along with other federal practices. The Crime Control Act of 1990 (P.L. 101-647) codified a Crime Victims' Bill of Rights in the federal justice system and directed the U.S. Sentencing Commission to amend certain sentencing guidelines. The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322) authorized funding for law enforcement and crime prevention measures including increasing the number of crimes punishable by death and establishing a "three-strikes" provision for violent offenders. Since the enactment of the last major crime control bill, many bills have evolved to further address crime and criminal justice issues. Renewed discussion and debate on the unenacted proposals related to law enforcement efforts are expected to occur in the first session of the 108th Congress.