[Budget of the United States Government]
[VI. Investing in the Common Good: Program Performance in Federal Functions]
[28. Administration of Justice]
[From the U.S. Government Publishing Office, www.gpo.gov]
28. ADMINISTRATION OF JUSTICE
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Table 28-1. FEDERAL RESOURCES IN SUPPORT OF ADMINISTRATION OF JUSTICE
(In millions of dollars)
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Estimate
Function 750 1998 -----------------------------------------------------------
Actual 1999 2000 2001 2002 2003 2004
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Spending:
Discretionary Budget Authority.......... 24,840 26,177 26,376 26,754 26,915 26,734 26,833
Mandatory Outlays:
Existing law.......................... 682 1,042 796 611 574 546 2,062
Proposed legislation.................. ........ ........ ........ ........ ........ ........ -1,522
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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 Federal
response. In 1999, anti-crime expenditures will consume 4.6 percent of
all Federal discretionary spending, compared with about two percent in
1989.
Total Federal, State, and local resources devoted to the
administration of justice--including law enforcement, litigation,
judicial, and correctional activities--grew from $82 billion in 1990 to
an estimated $153 billion in 1999--an 87-percent increase (see Chart 28-
1). During this period, the Federal law enforcement component, including
transfer payments to State and local law enforcement activities, more
than doubled, from $12.4 billion in 1990 to $26.2 billion in 1999.
Nevertheless, Federal resources account for only 17 percent of total
governmental spending for administration of justice.
The number of criminal offenses that law enforcement agencies reported
fell by two percent from 1996 to 1997--marking the sixth straight year
that the crime rate has fallen. The number reported in the first six
months of 1998, the most recent period for which figures are available,
was five percent lower than in the same period in 1997. The drop in
crime, when compared with increases in anti-crime spending during the
same period, suggests a causal 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.
Funding for the Administration of Justice function includes: (1) law
enforcement activities; (2) litigative and judicial activities; (3)
correctional activities; and (4) assistance to State and local entities
(see Chart 28-2). In 1999, 69 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 Department of Justice (DOJ): The 2000 budget enables DOJ to
enforce a wide range of laws. The 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 services to legal
aliens. Federal agencies also work with State and local law enforcement
agencies, often through joint task forces, to address drug, gang, and
other violent crime prob
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lems. In 2000, with respect to violent crime, the Justice Department
will:
maintain the Federal Government's commitment to reduce the
incidence of violent crime below the 1997 level of 611
offenses per 100,000 population.
reduce specific areas of organized crime and its influence on
unions and industries from the 1998 level, while intensifying
efforts to prevent emerging organized crime enterprises from
gaining a foothold in particular areas.
apprehend 80 percent of violent offenders within one year of
a warrant's issuance, and reduce the fugitive backlog by five
percent from 1999 levels. At the end of 1998, there were
10,677 outstanding fugitive warrants.
With respect to immigration and border control, DOJ will:
increase the number of removals of aliens who are illegally
in the United States from 114,386 in 1997 to approximately
165,800 in 2000.
identify over 38,500 unauthorized alien workers, thereby
opening up potential jobs for U.S. citizens and other legally
authorized workers.
in conjunction with the Treasury and Agriculture Departments,
increase the percent of legitimate air passengers cleared
through primary inspection in 30 minutes or less from 35
percent in 1998 to 65 percent in 2000; and work to process
legitimate land border travelers through the primary
inspection process on the Mexico border in 30 minutes or less
in 2000.
reduce the average time between application and
naturalization of qualified candidates from an estimated 20
months in 1998 to six to nine months by the end of 2000.
The Treasury Department: Within the Treasury Department, the U.S.
Customs Service, Bureau of Alcohol, Tobacco and Firearms
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(ATF), United States Secret Service, and other bureaus enforce laws
related to drug and contraband at our borders; commercial fraud;
firearms trafficking; arson and explosives crime; and financial crimes,
including money laundering, counterfeiting, and credit card fraud. In
addition, the Customs Service regulates the importation and exportation
of goods; ATF regulates the alcohol, tobacco, firearms, and explosives
industries; and the Secret Service protects the President, Vice
President, and visiting foreign dignitaries. The Federal Law Enforcement
Training Center (FLETC) provides basic and advanced training to Treasury
and other law enforcement personnel. In 2000, the Treasury Department
will:
help solve violent crimes and reduce firearms trafficking by
tracing up to 285,000 firearms used in criminal activities,
compared to 191,378 in 1997;
ensure the physical protection of the President, Vice
President, visiting foreign dignitaries, and others protected
by the Secret Service.
maintain or improve upon its 99 percent collection rate for
trade revenue (duties, taxes, and user fees).
enhance trade data quality by improving importers' compliance
with trade laws (e.g., quotas, trademarks, classification,
etc.) from 83 percent in 1997 to 86 percent in 2000.
Federal Drug Control Activities: The Office of National Drug Control
Policy (ONDCP) has lead the Federal drug control agencies in the
development of a comprehensive set of aggressive societal goals for
anti-drug programs, recognizing that achieving National Drug Control
Strategy Objectives depends critically on the actions of not only the
Federal Government, but of State, local, and foreign governments, the
private sector and on the behavior of individuals. At the core of these
crosscutting goals are 12 Impact Targets that define what the drug
control community is trying to achieve by 2002 and 2007. Following are
three of these goals for 2002:
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reduce the overall rate of illegal drug use in the United
States by 25 percent, from the 1996 baseline of 6.1 percent to
4.6 percent.
reduce the rate of crime associated with drug trafficking and
use by 15 percent. (Collection and reporting of 1996 data is
in progress.)
reduce by 10 percent the health and social costs associated
with drug use. (Collection and reporting of 1996 data is in
progress.)
Civil Rights Laws: 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 (HUD) 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's Civil Rights Division enforces a variety
of criminal and civil statutes that protect the constitutional and
statutory rights of the Nation's citizens. The performance goals for
this area are as follows:
The Equal Employment Opportunity Commission will reduce the
backlog of private sector complaints from 57,000 at the end of
1998 to 28,000 at the end of 2000.
As part of a three year, 60 community initiative, HUD will
ensure that its grantees in an additional 20 communities (for
a total of 40 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.
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. This task falls primarily to the 93 United
States Attorneys and the 4,700 Assistant United States Attorneys. Along
with prosecuting cases referred by Federal law enforcement 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. In 2000, the
Justice Department will seek to:
increase the number of hate crime cases prosecuted, compared
with 1999. In 1998, there were 17 cases prosecuted.
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 Judiciary's growth in recent years arises from increased Federal
enforcement efforts and Congress' continued expansion of the Federal
courts' jurisdiction. Accounting for 13 percent of total administration
of justice spending, the Judiciary comprises the Supreme Court and 12
circuit courts of appeals, 94 district courts, 90 bankruptcy 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 2,196 Federal judges and nine Supreme Court justices.
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Correctional Activities
The budget proposes $3.8 billion for corrections activities. As of
December, 1998, there were more than 124,000 inmates in the Federal
Prison System, more than double the number in 1989. This growth, which
is expected to continue, is due to tougher sentencing guidelines, the
abolition of parole, minimum mandatory sentences, and higher spending on
law enforcement. The total U.S. inmate population, of which the Federal
Prison System represents less than one tenth, has increased as well.
State inmate populations have grown, in part, due to sentencing
requirements tied to Federal prison grant funds. In the Federal system,
62 percent of inmates serving time were convicted on drug-related
charges. In 2000, the Federal Bureau of Prisons will:
keep the overcrowding rate below 32 percent by expanding its
bed capacity and continuing to construct additional prisons
within performance, schedule and budget targets.
operate the Federal prison system in an efficient manner, in
part by maintaining the 1997 daily per capita cost of $59.83.
Criminal Justice Assistance for State and Local Governments
Community Policing and Preventing Gun Violence: The budget proposes $4
billion to help State and local governments fight crime including $424
million to assist crime victims. The 2000 budget builds on the success
of the Community Oriented Policing Services (COPS) program and includes
$1.3 billion for the 21st Century Policing Initiative. This program
expands the concept of community policing to include community
prosecution, law enforcement technology assistance, and prevention. To
address the continuing problem of gun violence, the Administration
supports a new effort under the Brady Law to keep guns out of the hands
of criminals and to make America's streets safer. As part of this
effort, the Justice Department, working with the States, is now
conducting computerized background checks on all firearm purchases. The
instacheck system has been used to block more than 100 illegal gun sales
a day since the program was implemented. In 2000, DOJ will:
provide funding to communities to hire over 6,000 additional
officers.
in conjunction with the Treasury Department, review over nine
million prospective gun sales to prevent felons, fugitives,
stalkers and other prohibited purchasers from buying guns.
Stopping Violence against Women: To combat the significant problem of
violence against women, the budget proposes $462 million to enhance the
States' abilities to respond, and to further expand access to previously
under-served rural, Indian, and other minority populations.
As a result of grants that encourage arrests, DOJ will seek
to increase by 145 percent over the 1997 baseline estimate of
50, the number of grantees reporting a decrease in domestic
violence calls in 2000.
Combating Juvenile Delinquency: To prevent young people from becoming
involved in the juvenile justice system, the budget includes $289
million for juvenile justice programs, including those that provide
supervised afternoon and evening activities for youth. In 2000, compared
with 1999 levels, DOJ will seek to:
reduce the incidence of juveniles illegally carrying guns.
reduce the number of juvenile gun-related crimes.