[Budget of the United States Government]
[VI. Investing in the Common Good: Program Performance in Federal Functions]
[27. Administration of Justice]
[From the U.S. Government Publishing Office, www.gpo.gov]


 
                     27.  ADMINISTRATION OF JUSTICE

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                     Table 27-1.  FEDERAL RESOURCES IN SUPPORT OF ADMINISTRATION OF JUSTICE                     
                                            (In millions of dollars)                                            
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                                                                               Estimate                         
               Function 750                   1997   -----------------------------------------------------------
                                             Actual     1998      1999      2000      2001      2002      2003  
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Spending:                                                                                                       
  Discretionary Budget Authority..........    22,942    24,229    25,728    24,554    24,381    24,551    25,075
  Mandatory Outlays:                                                                                            
    Existing law..........................        78     1,359       640       287       149       174       160
    Proposed legislation..................  ........        10        51        55        49        42        35
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  ----------------------------------------------------------------------
  While States and localities bear most of the responsibility for 
fighting crime, the Federal Government also plays a critical role. Along 
with supporting State and local activities, the Federal Government 
investigates and prosecutes criminal acts that require a national 
response. In 1998, anti-crime expenditures will consume 4.6 percent of 
all Federal discretionary spending, compared with about two percent in 
1988.
  Total Federal, State, and local resources devoted to the 
administration of justice--including law enforcement, litigation, 
judicial, and correctional activities--grew from $71.8 billion in 1989 
to an estimated $141.7 billion in 1998--by 97 percent or, as Chart 27-1 
shows, by 46 percent in constant 1992 dollars. During this period, the 
Federal law enforcement component, including transfer payments to State 
and local law enforcement activities, more than doubled, from $10.1 
billion in 1989 to $25.3 billion in 1998. Nevertheless, Federal 
resources account for only 18 percent of total governmental spending for 
administration of justice.
  The number of criminal offenses that law enforcement agencies reported 
fell by three percent from 1995 to 1996--marking the fifth straight year 
that the crime rate has fallen. The number reported in the first six 
months of 1997, the most recent period for which figures are available, 
was four percent lower than in the same period in 1996. The drop in 
crime, when compared with increases in anti-crime spending during the 
same period, appears to suggest a general relationship, although crime 
is affected by varying factors. The budget builds upon this record of 
success by continuing to provide substantial funding for proven anti-
crime programs.

Federal Activities

  Federal funding for the Administration of Justice function includes: 
(1) Federal law enforcement activities; (2) litigative and judicial 
activities; (3) correctional activities; and (4) financial assistance to 
State and local entities (see Chart 27-2). In 1998, 70 percent of these 
funds went to the Justice Department (DOJ), while most of the rest went 
to the Treasury Department and the Judicial Branch.

  Law Enforcement: The budget proposes in 1999 to enforce a wide range 
of laws, reflecting the unique Federal role in law enforcement. Some 
responsibilities--such as customs enforcement--date from the beginning 
of the country. DOJ's FBI and Drug Enforcement Administration (DEA) 
enforce diverse Federal laws dealing with violent crime, terrorism, 
white collar crime, drug smuggling, and many other criminal acts. The 
Immigration and Naturalization Service (INS) protects the U.S. border 
from illegal migration while providing

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services to legal aliens. These agencies, and the ones discussed below, 
also work with State and local law enforcement agencies, often through 
joint task forces, to address drug, gang, and other violent crime 
problems.
  Within the Treasury Department, the U.S. Customs Service, Bureau of 
Alcohol, Tobacco and Firearms (ATF), United States Secret Service, and 
other bureaus enforce laws related to drug and contraband smuggling 
across our borders; firearms trafficking; arson and explosives crime; 
financial crime and fraud, including money laundering, counterfeiting, 
and credit card fraud; and the regulation of the alcohol, tobacco, and 
firearms industries. The Secret Service protects the President, Vice 
President, and foreign dignitaries. The Federal Law Enforcement Training 
Center (FLETC) trains Federal law enforcement personnel.
  Federal responsibility to enforce civil rights laws in employment and 
housing arises from Titles VII and VIII of the Civil Rights Act of 1964, 
as well as more recent legislation, including the Age Discrimination in 
Employment Act and the Americans with Disabilities Act. The Department 
of Housing and Urban Development enforces laws that prohibit 
discrimination on the basis of race, color, sex, religion, disability, 
familial status, or national origin in the sale or rental, provision of 
brokerage services, or financing of housing. The Equal Employment 
Opportunity Commission enforces laws that prohibit employment 
discrimination on the basis of race, color, sex, religion, disability, 
age, and national origin. DOJ enforces the criminal civil rights laws.

  Litigation and Judicial Activities: After law enforcement agencies 
such as the FBI, DEA, and ATF have investigated and apprehended 
perpetrators of Federal crimes, the United States must prosecute them--
and the budget proposes $7.5 billion for this purpose. This task falls 
primarily to the 93 United States Attorneys and the 4,450 Assistant 
United States Attorneys. Along with prosecuting cases referred by 
Federal law enforcement

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agencies, the U.S. Attorneys work with State and local police and 
prosecutors in their efforts to bring to justice those who have violated 
Federal laws--whether international drug traffickers, organized crime 
ringleaders, or perpetrators of white collar fraud. The U.S. Marshals 
Service protects the Federal courts and their officers; apprehends 
fugitives; and maintains custody of prisoners involved in judicial 
proceedings.
  In addition, DOJ contains several legal divisions specializing in 
specific areas of criminal and civil law. These divisions--including the 
Civil, Criminal, Civil Rights, Environment and Natural Resources, Tax, 
and Antitrust Divisions--work with the U.S. Attorneys to ensure that 
violators of Federal laws are brought to justice. The Federal 
Government, through the Legal Services Corporation, also promotes equal 
access to the Nation's legal system by funding local organizations that 
provide legal assistance to the poor in civil cases.
  The Judiciary's growth in recent years arises from increased Federal 
enforcement efforts and Congress' continued expansion of the Judiciary's 
jurisdiction. Accounting for 13 percent of total law enforcement 
spending, the Judiciary comprises the Supreme Court and 12 circuit 
courts of appeals, 90 bankruptcy courts, and 94 district courts, 94 
federal probation offices, the Court of Appeals for the Federal Circuit 
and the Court of International Trade. The Federal Judiciary is overseen 
by 2,096 Federal judges and nine Supreme Court justices.

  Correctional Activities: The budget proposes $3.5 billion for 
corrections activities. Due to higher spending on law enforcement and 
tougher sentencing, the number of Federal Prison System inmates has 
risen to 114,000, more than double the number in 1988. The Federal 
inmate population--less than a tenth of the total U.S. inmate 
population--will continue to grow due to the abolition of parole, 
minimum mandatory sentences, and sentencing guidelines. State inmate 
populations will

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grow, in part, due to sentencing requirements tied to Federal prison 
grant funds. In the Federal system, about 62 percent of inmates serving 
time were convicted on drug-related charges.
  Criminal Justice Assistance: The budget proposes $4.6 billion to help 
State and local governments fight crime. The Administration is 
encouraging the adoption of community policing practices through the 
Community Oriented Policing Services (COPS) program. The Truth-in-
Sentencing/Violent Offender Incarceration grant program seeks to ensure 
that convicted violent offenders are incarcerated and serve at least 85 
percent of their sentences. Similar changes in law from 1984 for Federal 
prisoners increased the time served by 60 percent.
  To combat the significant problem of violence against women, the 
budget proposes $271 million to enhance the States' abilities to 
respond, and to further expand access to previously under-served rural, 
Indian, and other minority populations. To promote increased drug 
testing and treatment for individuals under the supervision of the 
criminal justice system, the budget proposes a $94 million increase over 
the 1998 level for drug testing and treatment and Drug Courts. In 
addition, the budget continues to provide $553 million in law 
enforcement assistance grants under the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Program.
  To prevent young people from becoming involved in the juvenile justice 
system, the budget continues juvenile justice programs, including those 
that provide supervised afternoon and evening activities for youth. The 
budget also provides additional assistance to State and local 
prosecutors' offices to address gang violence and other juvenile crime, 
and to courts and court-related entities to expedite the handling of 
violent juvenile cases. Finally, the budget provides a $6 million 
increase for ``Weed and Seed,'' which helps communities develop and 
implement comprehensive strategies to ``weed'' out violent crime, 
illegal drugs, and gang activity, and to ``seed'' their communities with 
programs that prevent crime.

Performance Goals

  Federal agencies, as cited below, will work to achieve the following 
performance goals with the proposed budget funds:
  With regard to violent crime:
  The Justice Department will maintain the Federal Government's 
          commitment to reducing the incidence of violent crime below 
          the 1996 level of 634 offenses per 100,000 population.
  The Justice Department will provide funding for communities to 
          hire and deploy 16,000 more officers in 1999.
  The Treasury Department will help solve violent crimes and 
          reduce firearms trafficking by tracing up to 275,000 firearms 
          used in criminal activities, compared to 116,674 in 1996.
  The Justice Department will reduce specific areas of organized 
          crime and its influence on unions and industries from the 1997 
          level, while intensifying its efforts to prevent emerging 
          organized crime enterprises from gaining a permanent foothold 
          in particular areas.
  The Treasury Department will ensure the physical protection of 
          the President, Vice President, visiting foreign dignitaries, 
          and others protected by the Secret Service.
  The Justice Department will ensure that no judge, witness, or 
          other court participant is the victim of an assault stemming 
          from his or her involvement in a Federal court proceeding.
  The U.S. Marshals Service will apprehend 80 percent of violent 
          offenders within one year of a warrant's issuance, and will 
          reduce the fugitive backlog from 1998 by five percent.
  The Interior and Justice Departments will work to increase the 
          number of law enforcement officers for Indian Tribes from the 
          current level of 1.3 officers per 1,000 citizens to 2.9 
          officers per 1,000 citizens.

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  With regard to drug abuse:
  Federal and non-Federal entities will work together to reduce 
          the availability and abuse of illegal drugs.
          Separately, the Office of National Drug Control Policy will 
          present a comprehensive set of societal performance measures 
          for anti-drug programs, recognizing that achieving national 
          drug control objectives depends critically on the actions of 
          not only the Federal Government, but of State, local, and 
          foreign governments and on the behavior of individuals.
  With regard to immigration and border control:
  The Justice Department will reduce the average time between 
          application and naturalization of qualified candidates from an 
          estimated 24 months in 1997 to six to 10 months in 1999.
  The Treasury, Justice and Agriculture Departments will 
          increase the percent of legitimate air passengers cleared 
          through primary inspection in 30 minutes or less from an 
          estimated 31 percent in 1997 to 39 percent in 1999; and will 
          work to process legitimate land border travelers through the 
          primary inspection process on the Mexico border in 30 minutes 
          or less in 1999.
  The Justice Department will increase the number of removals of 
          aliens who are illegally in the United States from 111,794 in 
          1997 to about 134,900 in 1999.
  The Justice Department will identify over 38,500 unauthorized 
          workers, thereby opening up potential jobs for U.S. citizens 
          and other legally authorized workers.
  The Treasury Department will increase trade revenue from 
          duties collected and enhance the accuracy of trade data by 
          improving importers' compliance with trade laws (e.g., quotas, 
          trademarks, and copyrights) from 83 percent in 1997 to 85 
          percent in 1999.
  With regard to civil rights and other matters:
  The Equal Employment Opportunity Commission will reduce the 
          average time to process private sector equal employment 
          complaints by doubling the number of complaints eligible for 
          the mediation-based alternative dispute resolution program.
  The Department of Housing and Urban Development (HUD) will 
          ensure that HUD grantees in 20 communities undertake fair 
          housing audit-based enforcement, using a HUD-developed 
          standardized methodology, to develop local indices of 
          discrimination, to identify and pursue violations of fair 
          housing laws, and to promote new fair housing enforcement 
          initiatives at the local level.
  The Treasury Department will step up its efforts to disrupt 
          and dismantle the illegal activities of major violators of 
          Federal financial crimes laws (e.g., counterfeiting, forgery, 
          money laundering, and credit card fraud).