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Programs to Collect Data on Law Enforcement Activities: Overview and Issues [Updated March 11, 2021]
From the Summary: "The death of George Floyd in May 2020, in Minneapolis, MN, while he was in the custody of law enforcement, and several other recent high-profile deaths of African Americans at the hands of police, have generated interest in legislation to reform policing practices. Law enforcement reform legislation--the George Floyd Justice and Policing Act of 2021 (JIPA; H.R. 1280)--has been introduced in the 117th Congress. The House passed JIPA on March 3, 2021. Similar legislation passed the House in the 116th Congress; it was not taken up by the Senate. JIPA would establish programs for law enforcement agencies to collect data on a variety of activities, such as the use of force, racial profiling, and in-custody deaths."
Library of Congress. Congressional Research Service
James, Nathan; Finklea, Kristin
2021-03-11
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Reported Increase in Hate Crimes Against Asian Americans [March 2, 2021]
From the Document: "Several media outlets have reported an increase in violence and possible hate crimes against Asian Americans and people of Asian descent (specifically people of East or Southeast Asian descent) since the beginning of the Coronavirus Disease 2019 (COVID-19) pandemic, particularly against Asian seniors. [...] In January 2021, President Biden signed a presidential memorandum condemning racism against Asian Americans and Pacific Islanders and directing federal agencies to combat xenophobia. Congress may examine and address these hate crimes in their oversight of the Department of Justice (DOJ) and to meet any constituent concerns."
Library of Congress. Congressional Research Service
Hanson, Emily J.; James, Nathan
2021-03-02
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Proposals for Systems of Records on Decertified Officers and Police Misconduct [Updated March 2, 2021]
From the Document: "The George Floyd Justice in Policing Act of 2021 (JIPA, H.R. 1280) would attempt to reform a range of law enforcement practices, especially practices that are considered to be biased against people of color. The bill would, among other things, promote the use of body-worn cameras, expand de-escalation training, reduce racial profiling and require state and local governments to report data on the use of force, In addition, the legislation would also attempt to curb so-called 'wandering officers' (i.e., law enforcement officers who are fired or resign under threat of termination but are later hired by another law enforcement agency, often in another state). There are a litany of stories about law enforcement officers who are alleged or found to have engaged in misconduct, including the use of excessive force, being hired at other law enforcement agencies that are unaware of the officers' full employment history. There is disagreement over how common the wandering officer phenomenon is and to what extent these officers may be a threat to the public."
Library of Congress. Congressional Research Service
James, Nathan; Finklea, Kristin
2021-03-02
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Policing Reform Legislation: Conditions on Funding and New Grant Authorizations [Updated March 2, 2021]
From the Summary: "The death of George Floyd in Minneapolis, MN, while he was in the custody of law enforcement, combined with several other recent high-profile deaths of African Americans at the hands of the police, have generated congressional interest in legislation to reform state and local policing practices, and to require law enforcement agencies to collect more data on law enforcement actions and activities and share these data with the public. The George Floyd Justice in Policing Act of 2020 (H.R. 7120, 116th Congress (was introduced and passed by the House in June 2020, but it was not taken up by the Senate. The legislation has been reintroduced in the current Congress as the George Floyd Justice in Policing Act of 2021 (JIPA, H.R. 1280). The legislation is an omnibus measure that would address a variety of policing reform topics and approaches. These include attempting to reform state and local policing practices through two means: placing conditions on existing Department of Justice (DOJ) grant programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG) or Community Oriented Policing Services (COPS) programs; and authorizing new grant programs."
Library of Congress. Congressional Research Service
James, Nathan
2021-03-02
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Law Enforcement's Response to the January 6th Events at the Capitol [January 22, 2021]
From the Document: "On January 6, 2021, security at the Capitol was breached by people who reportedly sought to prevent Congress from certifying the votes of the Electoral College. Some individuals clashed with law enforcement officers and for several hours occupied parts of the Capitol. At the request of District of Columbia Mayor Muriel Bowser and the U.S. Capitol Police, law enforcement agents from the Department of Justice (DOJ), along with law enforcement officers from the U.S. Park Police, the Metropolitan Police Department (MPD), and law enforcement agencies in Maryland and Virginia, assisted with expelling the occupiers and securing the Capitol. In addition to the damage done to the Capitol, pipe bombs were found near the Democratic and Republican National Committees' offices. A car with 11 explosive devices was found near the Capitol. Some reportedly brought firearms and ammunition onto the Capitol grounds. DOJ is jointly investigating criminal cases stemming from the events at the Capitol with MPD and the Capitol Police. [...] This In Focus describes the jurisdiction and investigatory responsibilities of the law enforcement agencies that responded to the Capitol unrest. It also provides an overview of the authority for federal, state, and local governments in the National Capital Region (defined as the District of Columbia; Montgomery, Prince George's, Arlington, Fairfax, Loudon, and Prince William Counties; and Alexandria) to enter into mutual aid agreements with each other."
Library of Congress. Congressional Research Service
James, Nathan
2021-01-22
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Public Safety Officers' Benefits (PSOB) Program [March 13, 2008]
"The Public Safety Officers' Benefits (PSOB) program provides three different types of benefits to public safety officers and their survivors: a death, a disability, and an education benefit. The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance's (BJA's), PSOB Office. The PSOB program provides a one-time death benefit to eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty. As of October 1, 2007, the one-time lump sum death benefit was $303,064. The Hometown Heroes Survivor Benefits Act of 2003 (P.L. 108-182) amended current law to facilitate death benefits to the survivors of officers who die from certain line-of-duty heart attacks and strokes. The PSOB program provides a one-time disability benefit to public safety officers who have been permanently and totally disabled by a catastrophic injury sustained in the line of duty, if the injury permanently prevents the officer from performing any gainful work. The amount paid for the disability benefit is the same as the amount paid for the death benefit. The PSOB program also provides assistance to spouses and children of public safety officers who have been killed or disabled in the line of duty who attend a program of education at an eligible educational institution. Educational assistance is available to the spouse and children of a public safety officer after the PSOB death or disability claim has been approved and awarded. As of October 1, 2006, the maximum award for a full-time student was $860 per month."
Library of Congress. Congressional Research Service
James, Nathan
2008-03-13
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Public Safety Officers' Benefits (PSOB) Program: In Brief [February 3, 2015]
"The Public Safety Officers' Benefits (PSOB) program provides three different types of benefits to public safety officers and their survivors: death, disability, and education benefits. The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance's (BJA's), PSOB Office. The PSOB death benefit is a mandatory program, and the disability and education benefits are discretionary programs. As such, Congress appropriates 'such sums as are necessary' each fiscal year to fund the PSOB death benefit program while appropriating separate amounts for both the disability and education benefits programs. […] Claimants have the opportunity to appeal denied claims. If the PSOB Office denies a claim, the claimant can request that a hearing officer review the claim. If the hearing officer denies the claim, the claimant can request that the Director of BJA review the claim. Claimants may file supporting evidence or legal arguments along with their request for a review by a hearing officer or the Director. If the claim is denied by the Director, claimants can appeal the denial in the United States Court of Federal Claims pursuant to 28 U.S.C. §1491(a)."
Library of Congress. Congressional Research Service
James, Nathan
2015-02-03
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Public Safety Officers' Benefits (PSOB) Program [November 19, 2013]
"The Public Safety Officers' Benefits (PSOB) program provides three different types of benefits to public safety officers and their survivors: a death, a disability, and an education benefit. The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance's (BJA's), PSOB Office. The PSOB program provides a one-time lump sum death benefit to eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty or from certain line-of-duty heart attacks, strokes, and vascular ruptures. For deaths occurring after October 1, 2013, the one-time lump sum benefit is $333,605. The PSOB program provides a one-time lump sum disability benefit to public safety officers who have been permanently and totally disabled by a catastrophic injury sustained in the line of duty, if the injury permanently prevents the officer from performing any gainful work. For injuries that result in permanent disability that occur on or after October 1, 2013, the benefit is $333,605. […] As of October 1, 2013, the maximum award for a full-time student was $1,003 per month. […] The PSOB death benefit is a mandatory program, and the disability and education benefits are discretionary programs. As such, Congress appropriates 'such sums as are necessary' each fiscal year to fund the PSOB death benefit program while appropriating separate amounts for both the disability and education benefits programs."
Library of Congress. Congressional Research Service
James, Nathan
2013-11-19
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Public Safety Officers' Benefits (PSOB) Program [December 12, 2011]
"The Public Safety Officers' Benefits (PSOB) program provides three different types of benefits to public safety officers and their survivors: a death, a disability, and an education benefit. The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance's (BJA's), PSOB Office. The PSOB program provides a one-time death benefit to eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty. For deaths occurring after October 1, 2011, the one-time lump sum benefit is $323,036. The Hometown Heroes Survivor Benefits Act of 2003 (P.L. 108-182) amended current law to facilitate death benefits to the survivors of officers who die from certain line-of-duty heart attacks and strokes. […] If the hearing officer denies the claim, the claimant can request that the Director of BJA review the claim. Claimants may file supporting evidence or legal arguments along with their request for a review by a hearing officer or the Director. If the claim is denied by the Director, claimants can appeal the denial in the United States Court of Federal Claims pursuant to 28 U.S.C. §1491(a). The PSOB death benefit is a mandatory program, and the disability and education benefits are discretionary programs. As such, Congress appropriates 'such sums as are necessary' each fiscal year to fund the PSOB death benefit program while appropriating separate amounts for both the disability and education benefits programs. This report will be updated as warranted."
Library of Congress. Congressional Research Service
James, Nathan
2011-12-12
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Policing Reform Legislation: Conditions on Funding and New Grant Authorizations [Updated March 11, 2021]
From the Summary: "The death of George Floyd in Minneapolis, MN, while he was in the custody of law enforcement, combined with several other recent high-profile deaths of African Americans at the hands of the police, have generated congressional interest in legislation to reform state and local policing practices, and to require law enforcement agencies to collect more data on law enforcement actions and activities and share these data with the public. The George Floyd Justice in Policing Act of 2020 (H.R. [House Report] 7120, 116th Congress) was introduced and passed by the House in June 2020, but it was not taken up by the Senate. The legislation has been reintroduced in the current Congress as the George Floyd Justice in Policing Act of 2021 (JIPA, H.R. 1280). The House passed JIPA on March 3, 2021. The legislation is an omnibus measure that would address a variety of policing reform topics and approaches. These include attempting to reform state and local policing practices through two means: placing conditions on existing Department of Justice (DOJ) grant programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG) or Community Oriented Policing Services (COPS) programs; and authorizing new grant programs."
Library of Congress. Congressional Research Service
James, Nathan
2021-03-11
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Commerce, Justice, Science, and Related Agencies: FY2012 Appropriations [August 29, 2011]
"This report provides an overview of actions taken by Congress to provide FY2012 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. On July 13, 2011, the House Committee on Appropriations marked up and reported the FY2012 Commerce, Justice, Science, and Related Agencies appropriations bill (H.R. 2596). The bill was introduced in the House on July 20, 2011. The bill would provide a total of $57.949 billion for CJS. The amount recommended by the committee is 10.9% less than the Administration's FY2012 request for CJS and 5.3% below the FY2011-enacted level. The bill includes $7.161 billion for the Department of Commerce, $26.323 billion for the Department of Justice, $23.649 billion for the science agencies, and $814.8 million for the related agencies. […] On April 15, 2011, President Obama signed into law the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10). The act provided a total of $61.092 billion for agencies and bureaus funded as a part of the annual appropriation for CJS for FY2011. The $61.092 billion provided by the act includes $7.578 billion for the Department of Commerce, $27.281 billion for the Department of Justice, $25.315 billion for the science agencies, and $917.9 million for the related agencies. The source for the FY2011-enacted amounts, the FY2012-requested amounts, and the House Committee on Appropriations-recommended amounts is H.Rept. 112-169."
Library of Congress. Congressional Research Service
James, Nathan; Williams, Jennifer Dingledine, 1945-; Sargent, John F.
2011-08-29
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Public Trust and Law Enforcement-- A Discussion for Policymakers [Updated December 13, 2018]
"Several high-profile incidents where the police have apparently used excessive force against citizens have generated interest in what role Congress could play in facilitating efforts to build trust between the police and the people they serve. This report provides a brief overview of the federal government's role in police-community relations. Public confidence in the police declined in 2014 and 2015 after several high-profile incidents in which men of color were killed during confrontations with the police. Confidence in the police has rebounded in recent years and is now back to the historical average. However, certain groups, such as Hispanics, blacks, people under the age of 35, and individuals with liberal political leanings say they have less confidence in the police than whites, people over the age of 35, and people with conservative political leanings."
Library of Congress. Congressional Research Service
James, Nathan; Finklea, Kristin; Keegan, Natalie . . .
2018-12-13
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Public Trust and Law Enforcement - A Brief Discussion for Policymakers [March 22, 2016]
"Events over the past several years involving conflict between the police and citizens have generated interest in what role Congress could play in facilitating efforts to build trust between law enforcement and the people they serve while promoting effective crime reduction. This report provides a brief overview of police-community relations and how the federal government might be able to promote more accountability and better relationships between citizens and law enforcement. Gallup poll data show that, overall, Americans are confident in the police; but, confidence in the police varies according to race, place of residence, and other factors. In 2014, less than 50% of Americans favorably rated the honesty and ethics of police, the lowest percentage since 1998. If they conclude that low public ratings of the police are at least partially attributable to police policies, Congress may decide to address state and local law enforcement policies and practices they believe erode public trust in law enforcement. Federalism limits the amount of influence Congress can have over state and local law enforcement policy. Regardless, the federal government might choose to promote better law enforcement-community relations and accountability through (1) federal efforts to collect and disseminate data on the use of force by law enforcement, (2) statutes that allow the federal government to investigate instances of alleged police misconduct, and (3) the influence the Department of Justice (DOJ) has on state and local policing through its role as an enforcer, policy leader, convener, and funder of law enforcement."
Library of Congress. Congressional Research Service
James, Nathan; Bjelopera, Jerome P.; Finklea, Kristin M. . . .
2016-03-22
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State and Local Law Enforcement Officer Staffing [January 19, 2022]
From the Document: "Some policymakers have raised concerns about a perceived police staffing crisis and what this might mean for public safety. This In Focus provides an overview of state and local law enforcement officer (LEO) staffing levels, a discussion of some factors identified as potentially contributing to LEO attrition, what effect attrition might have on public safety, and federal funding to help law enforcement agencies (LEAs) hire officers."
Library of Congress. Congressional Research Service
James, Nathan
2022-01-19
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding [January 4, 2011]
"The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. The Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) reauthorized the COPS program through FY2009 and changed the COPS program from a multigrant program to a single-grant program. For the first eight fiscal years that Congress funded the COPS program, the average annual appropriation was more than $1 billion. Starting in FY2003, annual appropriations for the program, in general, started to decrease. The average annual appropriation for the COPS program over the past eight fiscal years (excluding the $1 billion in funding COPS received under the American Recovery and Reinvestment Act of 2009; P.L. 111-5) is $658 million."
Library of Congress. Congressional Research Service
James, Nathan
2011-01-04
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DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues [May 2, 2011]
"Deoxyribonucleic acid, or DNA, is the fundamental building block for an individual's entire genetic makeup. DNA is a powerful tool for law enforcement investigations because each person's DNA is different from that of every other individual (except for identical twins). DNA can be extracted from a number of sources, such as hair, bone, teeth, saliva, and blood. As early as the 1980s, states began enacting laws that required collecting DNA samples from offenders convicted of certain sexual and other violent crimes. The samples were then analyzed and their profiles entered into state databases. Meanwhile, the Federal Bureau of Investigation (FBI) Laboratory convened a working group of federal, state, and local forensic scientists to establish guidelines for the use of forensic DNA analysis in laboratories. The group proposed guidelines that are the basis of current national quality assurance standards, and it urged the creation of a national DNA database. [...] This report provides an overview of how DNA is used to investigate crimes and help protect the innocent.5 It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field. It also reviews select issues Congress might consider should it legislate or conduct oversight in this area."
Library of Congress. Congressional Research Service
James, Nathan
2011-05-02
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Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options [January 22, 2013]
"Since the early 1980s, there has been a historically unprecedented increase in the federal prison population. Some of the growth is attributable to changes in federal criminal justice policy during the previous three decades. An issue before Congress is whether policymakers consider the rate of growth in the federal prison population sustainable, and if not, what changes could be made to federal criminal justice policy to reduce the prison population while maintaining public safety. This report explores the issues related to the growing federal prison population. […] Should Congress choose to consider policy options to address the issues resulting from the growth in the federal prison population, policymakers could choose options such as increasing the capacity of the federal prison system by building more prisons, investing in rehabilitative programming, or placing more inmates in private prisons."
Library of Congress. Congressional Research Service
James, Nathan
2013-01-22
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program [January 3, 2013]
"Historically, crime control has been the responsibility of local and state governments, with little involvement from the federal government. However, as crime became more rampant in the United States, the federal government increased its support for domestic crime control by creating a series of grant programs designed to assist state and local law enforcement. In the late 1980s through the mid-1990s, Congress created the Edward Byrne Memorial Formula Grant (Byrne Formula Grant) program and the Local Law Enforcement Block Grant (LLEBG) program, along with other grant programs, to assist state and local law enforcement in their efforts to control domestic crime. In 2005, however, legislation was enacted that combined the Byrne Formula Grant and LLEBG programs into the Edward Byrne Memorial Justice Assistance Grant (JAG) program. This report provides background information on the JAG program. It begins with a discussion of the programs that were combined to form the JAG program: the Byrne Formula Grant and LLEBG programs. The report then provides an overview of the JAG program. This is followed by a review of appropriations for JAG and its predecessor programs going back to FY1998. The report concludes with a discussion of some of the issues Congress might consider as it debates the future of the JAG program."
Library of Congress. Congressional Research Service
James, Nathan
2013-01-03
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DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues [December 6, 2012]
"Deoxyribonucleic acid, or DNA, is the fundamental building block for an individual's entire genetic makeup. DNA is a powerful tool for law enforcement investigations because each person's DNA is different from that of every other individual (except for identical twins). By analyzing selected DNA sequences (called loci), a crime laboratory can develop a profile to be used in identifying a suspect. DNA can be extracted from a number of sources, such as hair, bone, teeth, saliva, and blood. Because the human body contains so many copies of DNA, even a minuscule amount of bodily fluid or tissue can yield useful information. Obtaining a DNA sample is not necessarily invasive; it can be as simple as a swab of the inside of the mouth to obtain saliva. State and federal DNA databases have proved instrumental in solving crimes, reducing the risk of convicting the wrong person, and establishing the innocence of those wrongly convicted. […] This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field. It also reviews select issues Congress might consider should it legislate or conduct oversight in this area."
Library of Congress. Congressional Research Service
James, Nathan
2012-12-06
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Federal Prison Industries: Overview and Legislative History [January 9, 2013]
"The Federal Prison Industries, Inc. (FPI), is a government-owned corporation that employs offenders incarcerated in correctional facilities under the Department of Justice's (DOJ's) Federal Bureau of Prisons (BOP). The FPI manufactures products and provides services that are primarily sold to executive agencies in the federal government. Although the FPI's industries are located within various federal prisons, they operate independently from the prison. The FPI was created to serve as a means for managing, training and rehabilitating inmates in the federal prison system through employment in one of its six industries. The FPI's enabling legislation and the Federal Acquisition Regulation (FAR) require federal agencies to procure products offered by the FPI, unless authorized by the FPI to solicit bids from the private sector. This is commonly referred to as the 'mandatory source clause.' Such waivers can be granted by the FPI to executive agencies if its price exceeds the current market price for comparable products. Federal agencies, however, are not required to procure services provided by the FPI. Instead, agencies are encouraged to do so pursuant to FAR. It is the mandatory source clause, and its effect on private businesses, that has drawn controversy over the years. This report provides background on the FPI's operations and statutory authority; it does not address the related debates on inmate labor, criminal rehabilitation, or competitive versus noncompetitive federal government contracting."
Library of Congress. Congressional Research Service
James, Nathan
2013-01-09
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DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues [December 7, 2011]
"Deoxyribonucleic acid, or DNA, is the fundamental building block for an individual's entire genetic makeup. DNA is a powerful tool for law enforcement investigations because each person's DNA is different from that of every other individual (except for identical twins). DNA can be extracted from a number of sources, such as hair, bone, teeth, saliva, and blood. As early as the 1980s, states began enacting laws that required collecting DNA samples from offenders convicted of certain sexual and other violent crimes. The samples were then analyzed and their profiles entered into state databases. Meanwhile, the Federal Bureau of Investigation (FBI) Laboratory convened a working group of federal, state, and local forensic scientists to establish guidelines for the use of forensic DNA analysis in laboratories. The group proposed guidelines that are the basis of current national quality assurance standards, and it urged the creation of a national DNA database. The criminal justice community began to utilize DNA analyses more often in criminal investigations and trials, and in 1994 Congress enacted legislation to authorize the creation of a national DNA database."
Library of Congress. Congressional Research Service
James, Nathan
2011-12-07
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Community Oriented Policing Services (COPS): Background, Legislation, and Issues [Updated January 15, 2008]
"The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103- 322). The Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) reauthorized the COPS program through FY2009 and changed the COPS program from a multi-grant program to a single-grant program. Three bills introduced in the 110th Congress, H.R. 1700, S. 368, and Subtitle A of Title I of S. 2237, would, among other things, expand the scope of COPS grant programs, make COPS an exclusive component of the Department of Justice (DOJ), and authorize additional funding for COPS. Congress is considering the legislation in order to assist local law enforcement with investigating and combating violent crime, which, according to Congress, has recently increased [...] As the COPS program continues to evolve, several questions may concern lawmakers, including (1) will COPS become a program that solely funds technology efforts for state and local law enforcement, (2) can COPS funding continue to contribute to the decreasing crime rate if it only funds technology programs, and (3) in order to prevent an overlap in the structure of the programs administered by the COPS Office and OJP, should the COPS Office be responsible for managing all of the funding appropriated to it rather than transferring some of its activities to OJP? This report will be updated as warranted."
Library of Congress. Congressional Research Service
James, Nathan
2008-01-15
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Judicial Security: Comparison of Legislation in the 110th Congress [Updated January 23, 2008]
"The 2005 murders of the husband and mother of United States District Judge Joan Lefkow by a disgruntled litigant and the murders of Judge Rowland Barton, his court reporter, a deputy sheriff, and a federal officer in Atlanta, Georgia, focused national attention on the need for increased court security. Data from the U.S. Marshals Service (USMS), Pennsylvania's survey of judicial safety, and the New York Office of Court Administration demonstrate that judges are the targets of threats and other aggressive actions. In addition, congressional testimony and a report by the Department of Justice's (DOJ's) Office of the Inspector General (OIG) raise questions about the abilities of the USMS to protect the federal judiciary. The USMS is the primary agency responsible for the security of the federal judiciary. According to a March 2004 OIG report, USMS routinely failed to assess the threats against federal judges in a timely manner and it has limited ability to collect and share intelligence on threats to the judiciary to appropriate entities. The concerns noted by the OIG may be due, in part, to funding and staffing issues highlighted in recent congressional testimony [...] This report discusses the state of judicial security in the United States and the legislation introduced in the 110th Congress that would enhance judicial security. This report will be updated as needed."
Library of Congress. Congressional Research Service
James, Nathan
2008-01-23
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations [March 26, 2012]
"On February 13, 2012, President Obama submitted his FY2013 budget to Congress. The
Administration requests a total of $62.076 billion for the agencies and bureaus funded as a part of the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. The Administration's request includes $7.978 billion for the Department of Commerce, $28.079 billion for the Department of Justice, $25.090 billion for the science agencies, and $929.2 million for the related agencies. The FY2013 request for CJS is 1.9% greater than the FY2012 appropriation of $60.910 billion. On November 18, 2011, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2012 (P.L. 112-55), which included the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Division B). The act included $60.910 billion for CJS, of which $7.808 billion was for the Department of Commerce, $27.408 billion was for the Department of Justice, $24.838 billion was for the science agencies, and $856.6 million was for the related agencies. This report will track and describe actions taken by the Administration and Congress to provide FY2013 appropriations for CJS accounts. It also provides an overview of FY2012 appropriations for agencies and bureaus funded as a part of the annual appropriation for CJS."
Library of Congress. Congressional Research Service
Sargent, John F.; Williams, Jennifer Dingledine, 1945-; James, Nathan
2012-03-26
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Federal Prison Industries [Updated July 13, 2007]
"UNICOR, the trade name for Federal Prison Industries, Inc. (FPI), is a government-owned corporation that employs offenders incarcerated in correctional facilities under the Federal Bureau of Prisons (BOP). UNICOR manufactures products and provides services that are sold to executive agencies in the federal government. FPI was created to serve as a means for managing, training, and rehabilitating inmates in the federal prison system through employment in one of its industries. The question of whether UNICOR is unfairly competing with private businesses, particularly small businesses, in the federal market has been and continues to be an issue of debate. The debate has been affected by tensions between competing interests that represent two social goods -- the employment and rehabilitation of offenders and the need to protect jobs of law abiding citizens. At the core of the debate is UNICOR's preferential treatment over the private sector. UNICOR's enabling legislation and the Federal Acquisition Regulation require federal agencies, with the exception of the Department of Defense (DOD), to procure products offered by UNICOR, unless authorized by UNICOR to solicit bids from the private sector. While federal agencies are not required to procure services provided by UNICOR they are encouraged to do so. It is this 'mandatory source clause' that has drawn controversy over the years and is the subject of current legislation."
Library of Congress. Congressional Research Service
James, Nathan
2007-07-13
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Judicial Security: Comparison of Legislation in the 110th Congress [Updated July 11, 2007]
"The 2005 murders of the husband and mother of United States District Judge Joan Lefkow by a disgruntled litigant and the murders of Judge Rowland Barton, his court reporter, a deputy sheriff, and a federal officer in Atlanta, Georgia, focused national attention on the need for increased court security. Data from the U.S. Marshals Service (USMS), Pennsylvania's survey of judicial safety, and the New York Office of Court Administration demonstrate that judges are the targets of threats and other aggressive actions. In addition, congressional testimony and a report by the Department of Justice's (DOJ's) Office of the Inspector General (OIG) raise questions about the abilities of the USMS to protect the federal judiciary. The USMS is the primary agency responsible for the security of the federal judiciary. According to a March 2004 OIG report, USMS routinely failed to assess the threats against federal judges in a timely manner and it has limited ability to collect and share intelligence on threats to the judiciary to appropriate entities. The concerns noted by the OIG may be due, in part, to funding and staffing issues highlighted in recent congressional testimony. In an effort to strengthen court security, the 109th Congress responded with a number of measures that would have affected both the federal and state judicial systems."
Library of Congress. Congressional Research Service
James, Nathan
2007-07-11
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Judicial Security: Comparison of Legislation in the 109th Congress [June 15, 2006]
"Recently, the murders of the husband and mother of United States District Judge Joan Lefkow by a disgruntled litigant and the murders of Judge Rowland Barton, his court reporter, a deputy sheriff, and a federal officer in Atlanta, Georgia, focused national attention on the need for increased court security. Data from the U.S. Marshals Service (USMS), Pennsylvania's survey of judicial safety, and the New York Office of Court Administration demonstrate that judges are the targets of threats and other aggressive actions. In addition, recent congressional testimony and a report by the Department of Justice's (DOJ's) Office of the Inspector General (OIG) raise questions about the abilities of the USMS to protect the federal judiciary. The USMS is the primary agency responsible for the security of the federal judiciary. According to a March 2004 OIG report, USMS routinely failed to assess the threats against federal judges in a timely manner and it has limited ability to collect and share intelligence on threats to the judiciary to appropriate entities. The concerns noted by the OIG may be due, in part, to funding and staffing issues highlighted in recent congressional testimony."
Library of Congress. Congressional Research Service
James, Nathan
2006-06-15
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Programs to Collect Data on Law Enforcement Activities: Overview and Issues [July 6, 2020]
From the Summary: "The death of George Floyd in Minneapolis, MN,while he was in the custody of law enforcement, and several other recent high-profile deaths of African Americans at the hands of police, have generated interest in legislation to reform policing practices. Two major pieces of legislation that contain police reform proposals are before Congress: H.R. 7120, the George Floyd Justice in Policing Act of 2020--passed by the House on June 25, 2020--and S. 3985, the Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE) Act. Each bill would establish programs to collect data on a variety of policing activities, such as the use of force, racial profiling, the use of no-knock warrants, and in-custody deaths. In some cases, state and local law enforcement agencies would report these data directly to the Department of Justice (DOJ). In other instances, states would be required to establish systems for collecting required data and reporting them to DOJ. Both pieces of legislation would provide incentives for state and local governments to report data by attaching conditions to the Edward Byrne Memorial Justice Assistance Grant (JAG) or the Community Oriented Policing Services (COPS) programs."
Library of Congress. Congressional Research Service
James, Nathan; Finklea, Kristin
2020-07-06
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Federal Prisoners and COVID-19: Background and Authorities to Grant Release [Updated April 2, 2020]
From the Document: "On March 18, 2020, the American Civil Liberties Union (ACLU) sent a letter to Attorney General William Barr and Bureau of Prisons (BOP) Director Michael Carvajal asking them to release federal prisoners who might be at risk of serious illness due to coronavirus disease 2019 (COVID-19) infection and to reduce the intake of new prisoners to reduce overcrowding. The ACLU called on BOP to utilize authorities granted to it, such as compassionate release and home confinement for elderly offenders, to reduce the number of at-risk prisoners in the federal prison system. The ACLU also asked the Department of Justice (DOJ) to direct the U.S. Marshals Service (USMS) to release from custody any individuals who are at risk of serious illness related to COVID-19, such as those who are elderly and/or have chronic health conditions. Multiple Members of Congress have additionally urged DOJ and its BOP to take steps 'to reduce the incarcerated population and guard against potential exposure to coronavirus,' and legislation has been introduced that would require the release of some prisoners during a national emergency relating to a communicable disease."
Library of Congress. Congressional Research Service
James, Nathan; Foster, Michael A. (Legislative attorney)
2020-04-02
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Operation Legend: Department of Justice Assistance to Curb Increases in Violent Crime [July 31, 2020]
From the Document: "On July 22, 2020, Attorney General (AG) William Barr announced that the Department of Justice (DOJ) was expanding Operation Legend--which started in Kansas City, MO, on July 8, 2020--to Chicago, IL, and Albuquerque, NM. As a part of Operation Legend, DOJ plans to send agents from the Federal Bureau of Investigation (FBI); the U.S. Marshals Service (USMS); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to these cities to work in conjunction with state and local law enforcement to address violent crime. The Department of Homeland Security's (DHS's) Homeland Security Investigations also is to participate in Operation Legend. On July 29, 2020, AG Barr announced that DOJ would send additional agents to Detroit, MI; Cleveland, OH; and Milwaukee, WI, in a further expansion of Operation Legend. DOJ is also providing grant funding to the cities targeted for Operation Legend. State and local law enforcement agencies have worked with federal law enforcement in the past on a variety of task forces, and federal law enforcement assistance is usually welcome. However, in Portland, OR, in a DHS operation (Operation Diligent Valor), which is separate from Operation Legend, there have been reports of DHS law enforcement officers in military-style uniforms having detained protestors and placed them in unmarked vehicles. These reports have raised concerns about how DOJ and DHS agents deployed under Operation Legend might operate."
Library of Congress. Congressional Research Service
James, Nathan
2020-07-31
