[Budget of the United States Government]
[V. Investing in the Common Good: Program Performance in Federal Functions]
[26. Administration of Justice]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 273]]
26. ADMINISTRATION OF JUSTICE
----------------------------------------------------------------------
Table 26-1. Federal Resources in Support of Administration of Justice
(In millions of dollars)
----------------------------------------------------------------------------------------------------------------
Estimate
Function 750 1999 -----------------------------------------------------------
Actual 2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
Spending:
Discretionary Budget Authority.......... 26,488 26,648 29,000 29,956 30,121 30,291 30,938
Mandatory Outlays:
Existing law.......................... 937 1,491 1,504 794 657 2,111 2,169
Proposed legislation.................. ........ ........ ........ ........ ........ -1,460 -1,524
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------
In 2001, the Federal Government will spend $29 billion on the
administration of justice--including law enforcement, litigation,
judicial and correctional activities--doubling the amount spent in 1993.
Total Federal, State, and local resources devoted to the administration
of justice are estimated to grow from $98 billion in 1993 to an
estimated $175 billion in 2001--a 79-percent increase (see Chart 26-1).
Representing the lowest annual serious crime count since 1985, the
1998 Crime Index total was estimated at approximately 12.5 million
offenses. Down 14 percent from 1992, this total represented the seventh
consecutive annual decline in the Crime Index. And continuing this
success, the number reported in the first six months of 1999, the most
recent period for which figures are available, was ten percent lower
than in the same period in 1998.
While States and localities bear most of the responsibility for
fighting crime, the Federal Government plays a critical role, both in
supporting State and local activities and investigating and prosecuting
criminal acts that require a Federal response. Although crime is
affected by varying factors, the fact that the national crime rate has
dropped at the same time that Federal anti-crime spending has increased
points to a causal relationship. The budget builds upon this record by
continuing to provide substantial funding for proven anti-crime
programs.
Funding for the administration of justice function includes: (1) law
enforcement, which includes investigation, litigation and judicial
activities; (2) correctional activities; and, (3) assistance to State
and local entities (see Chart 26-2). In 2001, 68 percent of these funds
will go to the Justice Department while the majority of the remaining
funds will go to the Treasury Department and the Judicial Branch.
Law Enforcement
Department of Justice (DOJ): Within DOJ, the Federal Bureau of
Investigation (FBI) and the Drug Enforcement Administration (DEA)
enforce diverse Federal laws dealing with violent crime, terrorism,
white collar crime, drug smuggling, and many other criminal acts. These
agencies also work with State and local law enforcement agencies, often
through joint task forces, to address drug, gang, and other violent
crime problems. The United States Attorneys Offices then prosecute those
cases investigated by the law enforcement agencies in which perpetrators
have been apprehended for Federal crimes. 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.
[[Page 274]]
DOJ also contains six legal divisions specializing in specific areas
of criminal and civil law. These divisions--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.
In 2001, the Federal Government will continue its commitment
to reduce the incidence of violent crime. In 1994, the FBI
reported 714 offenses per 100,000 population; in 1998, the
number was down to 566 offenses per 100,000.
DOJ will also increase the number of dismantled violent gangs
affiliated with the FBI's seven national target groups. In
1999, DOJ dismantled 30 of these violent gangs and plans to
dismantle 50 more in 2001.
DOJ's Immigration and Naturalization Service (INS) protects the U.S.
borders from illegal immigration while providing services to legal
aliens. Since 1993, INS has added over 5,400 new Border Patrol agents,
more than 130 percent of the 1993 level, and intends to add 430
additional agents in 2001.
As part of its comprehensive enforcement strategy, INS
removed 178,168 illegal aliens pursuant to final removal
orders from the United States in 1999, up from 172,515 in
1998, and plans to increase that number to 195,000 in 2001, of
which over 70,000 will be criminal aliens.
DOJ, in conjunction with the Treasury and Agriculture
Departments, plans to increase the percent of air passengers
cleared through primary inspection in 30 minutes or less from
61 percent in 1998 to over 70 percent in 2001.
INS has reduced the average time between application receipt
and naturalization decisions of qualified candidates from 27
months in 1998 to 12 months in 1999 and
[[Page 275]]
intends to reduce the time to six months in 2001 and maintain
this standard in the future.
Within DOJ, the U.S. Marshals Service protects the Federal courts and
their officers; apprehends fugitives; and maintains custody of prisoners
involved in judicial proceedings.
In 2001, the U.S. Marshals intends to continue to improve its
performance, apprehending 80 percent of violent offenders
within one year of a warrant's issuance, and reducing the
fugitive backlog by five percent from 1999 levels. At the end
of 1999, there were 8,642 outstanding fugitive warrants.
In addition, the U.S. Marshals will strive to 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. This is an ongoing standard of zero
tolerance related to court security.
Treasury Department: 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 at our borders; commercial fraud; firearms trafficking; arson
and explosives crimes; 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 provides basic
and advanced training to Treasury and other law enforcement personnel.
In 2001, the Treasury Department will:
help solve violent crimes and reduce firearms trafficking by
tracing up to 240,000 firearms used in criminal activities,
compared to 188,299 in 1998;
[[Page 276]]
ensure the physical protection of the President, Vice
President, visiting foreign dignitaries, and others protected
by the Secret Service;
have at least 50 percent of Secret Service financial crime
cases accepted for federal prosecution, up from 49 percent in
1996;
maintain or improve upon its 99 percent collection rate for
trade revenue (duties, taxes, and user fees); and,
improve importers' compliance with trade laws (e.g., quotas,
trademarks, classification, etc.) from 81 percent in 1997 to
90 percent in 2001.
Federal Drug Control Activities: The Office of National Drug Control
Policy has led 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,
religious institutions and not-for-profit agencies, 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:
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. In 1998, the overall rate of illegal drug use was
6.2 percent, statistically unchanged from the 6.4 percent
reported in 1997.
Reduce the rate of crime associated with drug trafficking and
use by 15 percent from the 1996 baseline. (The rate of violent
crime, regardless of cause, from the Uniform Crime Reports
will be used as a proxy measure. In 1998, the violent crime
rate was 566 per 100,000 U.S. inhabitants, compared to 636 in
1996, an 11 percent decline.)
Reduce by 10 percent from the 1996 baseline the health and
social costs associated with drug use.
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 and the U.S. Attorneys enforce a variety of criminal and civil
statutes that protect the constitutional and statutory rights of the
Nation's citizens. In 2001, DOJ will devote increased attention to
criminal civil rights violations with the Civil Rights Division, FBI and
U.S. Attorneys working to improve the Federal response to hate crimes,
police misconduct and involuntary servitude matters, including worker
exploitation, church arson and discrimination and violence directed
against health care providers.
In an effort to serve the public better, the Equal Employment
Opportunity Commission will reduce the backlog of private
sector complaints from 40,225 at the end of 1999 to 28,000 at
the end of 2001. The backlog was reduced from 57,000 to 40,225
during 1999.
In the final year of a three year initiative, HUD will ensure
that grantees in an additional 20 communities (for a total of
60) undertake fair housing audit-based enforcement to develop
local indices of discrimination, identify and pursue
violations of fair housing laws, and promote new fair housing
enforcement initiatives at the local level.
Legal Services Corporation: The Federal Government, through the Legal
Services Corporation (LSC), also promotes equal access to the Nation's
legal system by funding local organizations that provide legal
assistance to the poor in civil cases.
[[Page 277]]
In 1998, LSC assisted 1.1 million people; the 2001 requested
funding level will allow for assistance to be provided to 1.3
million people.
Judicial Branch: The Judiciary's growth in recent years arises from
increased Federal enforcement efforts and expansion of the Federal
courts' jurisdiction. Accounting for 14 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 2,201 Federal judges and nine Supreme Court justices.
Correctional Activities
The budget proposes $4.4 billion for corrections activities. As of
December 1999, there were over 136,000 inmates in the Federal Prison
System, more than double the number in 1990. This growth, which is
expected to continue, is due to tougher sentencing guidelines, the
abolition of parole, minimum mandatory sentences, and significant
increases in law enforcement spending. This increase has been felt most
by drug offenders, who now account for approximately 60 percent of
inmates in the Federal system. The total U.S. inmate population, of
which the Federal Prison System represents less than one tenth, has
increased as well and is expected to reach two million during 2000.
State inmate populations have grown, in part, due to sentencing
requirements tied to Federal prison grant funds.
Due to the increase in the Federal inmate population, the
prison system is currently operating at 32 percent over
capacity, up from 22 percent at the end of 1997. To reverse
this trend, the 2001 budget includes significant new funding
to add prison bed capacity and expand the prison construction
program, thus reducing system wide overcrowding to
approximately 30 percent by the end of 2001 and to 28 percent
by 2006.
The 2001 budget also provides additional funding to ensure
the Federal Bureau of Prisons continues to enroll at least 34
percent of all inmates in one or more educational program, the
percent enrolled in 1998.
Criminal Justice Assistance for State and Local Governments
Providing Community Policing and Preventing Gun Violence: The budget
proposes $4.4 billion to help State and local governments fight crime,
including $550 million to assist crime victims. The 2001 Budget builds
on the success of the Community Oriented Policing Services (COPS)
program and includes $1.3 billion for the second year of the 21st
Century Policing Initiative. This program expands the concept of
community policing to include community prosecution, law enforcement
technology assistance, and prevention.
In 2001, DOJ will continue providing States and localities
with funds to hire additional officers in order to reach the
goal of up to 150,000 additional police officers by 2005. As
of the end of 1999, DOJ provided funding to place 103,720 more
officers on the street.
To address the continuing problem of gun violence, the Administration
continues to support an 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, DOJ, 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. Since 1993, the number of crimes
committed with firearms has declined and has now fallen to levels last
experienced in the mid 1980's.
In 1999, 62,189 people with criminal records were prevented
from purchasing firearms. To continue to ensure that felons,
fugitives, stalkers and other prohibited purchasers are
prevented from buying guns, over 12 million prospective gun
sales will be reviewed in 2001.
[[Page 278]]
Stopping Violence against Women: To combat the significant problem of
violence against women, the budget proposes $504 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 2001.
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 2001, compared with 2000 levels, DOJ will seek to reduce
the incidence of juveniles illegally carrying guns and reduce
the number of juvenile gun-related crimes.