    [Budget of the United States Government]
    [III. Creating a Better Government]
    [17. Administration of Justice]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                         17.  ADMINISTRATION OF JUSTICE

      ----------------------------------------------------------------------

                         Table 17-1.  Federal Resources in Support of Administration of Justice
                                                (In millions of dollars)
    ----------------------------------------------------------------------------------------------------------------
                                                                                   Estimate
                   Function 750                   2000   -----------------------------------------------------------
                                                 Actual     2001      2002      2003      2004      2005      2006
    ----------------------------------------------------------------------------------------------------------------
    Spending:
      Discretionary Budget Authority..........    27,056    29,955    29,782    31,918    32,269    32,760    33,517
      Mandatory Outlays:
        Existing law..........................       996       673     1,458     1,117     2,543     2,467     2,534
    ----------------------------------------------------------------------------------------------------------------
    Note:  2002-2004 program levels reflect delays in spending from the Crime Victims Fund.
      ----------------------------------------------------------------------

       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 in investigating and
    prosecuting criminal acts that require a Federal response. In 2002, the
    Federal Government proposes to spend nearly $30 billion on the
    administration of justice, with 67 percent of these funds going to the
    Justice Department, and the majority of the remaining funds going to the
    Treasury Department and the Judicial Branch. Total Federal, State, and
    local resources devoted to the administration of justice will grow to an
    estimated $181 billion in 2002 (see Chart 17-1).

       In 1999, the crime rate (number of crimes per 100,000 inhabitants)
    fell for the eighth consecutive year. However, the crime rate reported
    for the first six months of 2000, the most recent period for which
    figures are available, fell only 0.3 percent from the same period in
    1999. In response, the budget requests substantial funding for proven
    anti-crime programs, including: (1) law enforcement; (2) litigative and
    judicial activities; (3) correctional activities; and (4) assistance to
    State and local entities (see Chart 17-2).

    Law Enforcement

      Department of Justice (DOJ): DOJ enforces diverse Federal laws dealing
    with terrorism, immigration, white collar crime, violent crime, drug
    smuggling, and many other criminal acts. DOJ bureaus work closely with
    State and local law enforcement agencies, often through joint task
    forces, to address crime problems.
      National security and terrorism: DOJ, with strong support from
    Congress, has acted to prevent, mitigate, and investigate acts of
    terrorism, including the use of weapons of mass destruction and the
    emerging threat of cybercrime. The Department will spend an estimated
    $902 million in 2001 to combat terrorism, primarily in the Federal
    Bureau of Investigation ($491 million) and the Office of Justice
    Programs ($221 million).
       The FBI has primary responsibility for preventing domestic acts of
    terrorism. If an incident should occur, it is the lead investigative
    agency. The FBI also has developed the capacity to mitigate and
    investigate cyber-attacks against the Federal Government, the Nation's
    critical infrastructure, and American businesses. The budget proposes
    additional personnel and funding for new technology to support this
    effort. Additional funding is requested to provide security at the 2002
    Winter Olympics in Salt Lake City. The budget also proposes additional
    resources for the Criminal Division to provide prosecutorial assistance
    for all terrorist incidents, including cyber-terrorism, serving as a
    focal point for such efforts at all levels of law enforcement.

    [[Page 130]]

       State and local public safety agencies would have a major role in
    managing the consequences of any terrorist event involving the use of
    weapons of mass destruction, such as biological, chemical, or nuclear
    weapons. DOJ and other Federal agencies support the necessary training
    and equipping of State and local agencies to ensure their response
    readiness.
       In 2002, DOJ's Office of State and Local Domestic
              Preparedness Support plans to train an additional 12,000 of
              the Nation's first responders.
      Immigration enforcement and services: DOJ's Immigration and
    Naturalization Service (INS) protects the U.S. borders from illegal
    immigration while providing services to legal aliens. Over $3.5 billion
    is requested for INS in 2002, $264 million (8.1 percent) more than was
    appropriated for 2001. The 2002 Budget proposes to add 570 new Border
    Patrol agents in both 2002 and 2003. With these 1,140 additional agents,
    the total increase of 5,000 Border Patrol agents authorized by the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 will
    be achieved. Approximately 11,000 agents will be deployed along the
    Nation's northern and southern borders by the end of 2003, 12 percent
    more than the 2001 level of 9,800 agents.
       As part of its comprehensive enforcement strategy, INS
              removed from the United States 183,860 illegal aliens pursuant
              to final removal orders in 2000, a slight increase over the
              1999 level (178,200), and plans to increase removals in 2002
              (193,200), of which roughly 72,000 will be criminal aliens.
       In 2002, INS will continue to focus on strengthening its
              capability to apprehend and deter alien smugglers and drug
              carriers. In 2000, INS intercepted roughly 19,000 offshore
              travelers, over twice the number in 1999 (9,124). INS plans to
              maintain this level of interceptions in 2001 and 2002.

    [[Page 131]]

       INS reduced the average time between application receipt and
              naturalization decisions for qualified candidates from a
              national average of 27 months in 1998 to eight months by the
              end of 2000. However, applicants for other immigration
              benefits--including adjustment of status applications for both
              employment-based and family-based petitions--continue to wait
              years for their paperwork to be processed. The 2002 Budget
              proposes a five-year, $500 million initiative to support a
              universal six-month processing standard for all immigration
              applications.
       INS performance is adversely affected by competing missions--
              law enforcement versus service delivery. To mitigate internal
              conflicts, the Administration will propose splitting INS into
              two agencies with separate chains of command, but reporting to
              a single policy official in DOJ.
      Other law enforcement efforts:  DOJ also combats other serious
    criminal activity, including violent crime, illegal drugs, and white
    collar crime. These efforts are lead by the FBI and the Drug Enforcement
    Administration. The U.S. Marshals Service protects the Federal courts
    and their officers, apprehends fugitives, and maintains custody of
    prisoners involved in judicial proceedings.
       In 2002, the Federal Government will continue its commitment
              to reduce the incidence of violent crime.
       DOJ will dismantle three of the 30 violent gangs identified
              as the country's most dangerous.
       In 2002, the U.S. Marshals Service intends to improve its
              performance, apprehending 80 percent of violent offenders
              within one year of the issuance of a warrant, and reducing the
              fugitive backlog by five percent from 2001 levels. At the end
              of 2000,

    [[Page 132]]

              there were 8,642 outstanding fugitive warrants.
       In addition, the U.S. Marshals Service 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.

      Department of the Treasury: 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. The Financial Crimes Enforcement Network supports
    law enforcement agencies in the detection, investigation, and
    prosecution of domestic and international money laundering.
      In 2002, the Treasury Department plans to:
       help solve violent crimes and reduce firearms trafficking by
              tracing up to 215,000 firearms used in criminal activities,
              compared to 209,396 in 2000, and by reducing its trace
              response time from 11.4 days in 1999 to 10 days;
       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); and
       improve importer compliance with trade laws (e.g., quotas,
              trademarks, cargo and merchandise classification) from 81
              percent in 1997 to 90 percent in 2002.
       The Customs Service, which plays an integral role in our Nation's
    drug enforcement and reduction strategies, will also continue
    implementation of the Western Hemisphere Drug Elimination Act (WHDEA).
    New funding for Customs (as well as the Coast Guard) will enhance
    efforts authorized by the WHDEA, including purchasing equipment,
    training law enforcement personnel in matters relating to maritime law
    enforcement, and enhancing interdiction against drug transit operations
    in the source zone.

      Federal Drug Control Activities: In 1997, the Office of National Drug
    Control Policy (ONDCP) led Federal agencies involved in drug control
    activities in the development of a comprehensive, 10-year National Drug
    Control Strategy that incorporated aggressive societal goals for anti-
    drug programs. The goals established can not be met by Federal action
    alone, but require action by State, local, and foreign governments, the
    private sector, religious institutions, not-for-profit agencies, and
    individuals. ONDCP also led the development of a Performance Measures of
    Effectiveness (PME) system to track progress toward the goals of the
    Strategy. The PME system comprises 97 performance targets that define
    the drug control community's five and 10 year objectives. Much more
    progress will be necessary to meet these targets. The performance
    targets include:
       Reducing the overall rate of illegal drug use in the United
              States from the 1996 baseline by 25 percent by 2002 and by 50
              percent by 2007. In 1999, the overall rate of illegal drug use
              was 7.0, statistically unchanged from the baseline year;
       Reducing the rate of drug-related violent crime by 15 percent
              by 2002, compared to the 1996 baseline, and by 40 percent by
              2007. The rate of violent crime, regardless of cause, from the
              Uniform Crime Reports is used as a proxy for drug-related
              violent crime. In 1999, the violent crime rate was 525 per
              100,000 U.S. inhabitants, compared to 636 in 1996, a 17-
              percent decline; and
       Reducing the number of chronic drug users by 20 percent from
              the 1996 baseline by 2002 and by 50 percent by 2007. In 2000,
              the most recent year for which such

    [[Page 133]]

              data are available, the estimated number of chronic hardcore
              cocaine users declined marginally from 3.41 million users in
              1996 to 3.33 million. The number of chronic hardcore heroin
              users increased from 917,000 to 977,000 over the same period.
       The strategy established in 1997 will continue to guide Federal drug
    control activity. However, led by ONDCP, the Administration will review
    the strategy with the goal of distinguishing approaches that are
    yielding sufficient results from those approaches that are not. In
    particular, the review will look closely at the relative emphasis on
    demand reduction and supply reduction activities, as well as the amounts
    invested in individual programs by the Federal Government. The
    Administration intends to develop a drug control strategy that
    adequately addresses the problem, and is evidence-based, cost effective,
    and affordable.

      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 2002, DOJ will devote increased resources to its responsibilities
    associated with worker exploitation; the Voting Rights Act; criminal
    civil rights violations; and the President's New Freedom Initiative for
    the Americans with Disabilities Act. Other priority areas include
    enforcement efforts to combat housing and lending discrimination and a
    study to determine the extent to which police engage in racial
    profiling.
       The Voting Rights Act requires certain jurisdictions to submit
    redistricting changes to the Attorney General for review and clearance.
    As redistricting data from the 2000 Census are released, DOJ will
    experience a surge of activity in this area. Additional resources will
    be provided to address requirements for the timely review of voting
    changes and redistricting proposals submitted by covered jurisdictions,
    as required by the Voting Rights Act.
       HUD's Office of Fair Housing and Equal Opportunity expects to receive
    over 11,000 allegations of housing discrimination in 2002. Combating
    housing discrimination supports many larger public policy objectives.
    Most significantly, the prevention and education of discrimination in
    housing and housing-related transactions helps bridge the large gap in
    home ownership rates that now exists between racial and ethnic groups
    (especially African-Americans and Hispanics).
       Through its Comprehensive Enforcement Program for
              strategically focusing agency resources on performance goals,
              the Equal Employment Opportunity Commission (EEOC) plans to
              continue improving the timeliness and quality of service to
              the public. In 2002, the performance goals for EEOC are to
              reduce its backlog of private sector complaints by six percent
              from 34,297 in 2000 to 32,296. To accomplish this goal, EEOC
              plans to increase the percent of newly filed charges resolved
              within 180 days from 55 percent in 2000 to 60 percent in 2002.
       EEOC also plans to sustain or increase the goal for
              ``beneficial'' resolutions from 20 percent in 2000 to 22
              percent in 2002. ``Beneficial'' outcomes include
              conciliations, successful mediations, settlements with
              benefits, and withdrawals with benefits. These outcomes are
              the result of both the nationwide mediation program, which
              resolves disputes early in a non-adversarial setting, and
              stronger investigator-attorney collaboration to effectively
              address substantive issues.

    [[Page 134]]

    Litigative and Judicial Activities

      Department of Justice: United States Attorneys offices are the chief
    prosecutorial arm of the Federal Government within their judicial
    district and are responsible for the majority of criminal and civil
    litigation for the United States. Each U.S. Attorney's office is
    responsible for investigating and prosecuting alleged violations of
    Federal law brought to their attention by Federal, State, and local law
    enforcement agencies. Prosecution of those who violate Federal law is
    supported by the six litigating divisions of DOJ that specialize in
    specific areas of law--Civil, Criminal, Civil Rights, Environment and
    Natural Resources, Tax, and Antitrust. In 2002, Project Sentry will
    support partnerships of Federal, State, and local law enforcement
    agencies to establish Safe School Task Forces and appropriately
    prosecute juveniles who violate firearms laws, as well as adults who
    illegally purchase guns for juveniles.
      Legal Services Corporation (LSC): The Federal Government, through LSC,
    ensures equal access to our Nation's legal system by providing funding
    for civil legal assistance to low income persons. For millions of
    Americans, LSC-funded legal services is the only resource available to
    access the justice system. LSC provides direct grants to independent
    local legal services programs chosen through a system of competition.
    LSC programs serve clients in every State and county in the Nation. Last
    year, LSC-funded programs provided legal assistance and information to
    almost one million clients. Legal services clients are as diverse as the
    Nation, encompassing all races, ethnic groups, and ages. They include
    the working poor, veterans, family farmers, people with disabilities,
    and victims of natural disasters. The most common types of cases that
    people bring to LSC-funded offices are related to domestic violence,
    family law, housing, employment, Government benefits, and consumer
    matters.
      Judicial Branch: The Judicial Branch is comprised of over 2,100 trial
    judges, magistrates, and bankruptcy judges, in addition to the nine
    justices of the Supreme Court. The system is made up of a three-tiered
    hierarchy with the Supreme Court at the top, the 13 courts of appeals in
    the middle, and the 94 district courts, the Court of International
    Trade, and the Court of Federal Claims at the bottom. The Federal
    judicial system is empowered by Article III of the Constitution to
    ensure that certain rights and liberties are extended to all persons.
    The system has witnessed historic growth in recent years that is chiefly
    attributable to the expanding jurisdiction of Federal courts in the form
    of over 200 new Federal laws, and the increased criminal filings in
    district courts along the Southwestern United States border where five
    districts now account for roughly one-quarter of all criminal filings
    nationwide.

    Correctional Activities

       The 2002 Budget proposes $4.7 billion for corrections activities, a
    $360 million increase over the 2001 level. As of December 2000, there
    were over 146,100 inmates in the Federal prison system, up 125 percent
    since 1990. This growth is due to tougher sentencing guidelines, the
    abolition of parole, minimum mandatory sentences, and significant
    increases in law enforcement spending. This increase is largely
    associated with the arrest and conviction of drug offenders, who now
    account for 57 percent of inmates in the Federal system.
       The rapid growth in inmate population is expected to continue. This
    presents a significant management and financial challenge to the Federal
    Government and the Bureau of Prisons. Despite the investment of more
    than $5 billion for prison construction over the past decade, the prison
    system is currently operating at 32 percent over rated capacity, up from
    22 percent at the end of 1997. These conditions could potentially
    jeopardize public safety. To reverse this trend, the 2002 Budget
    includes almost $1 billion in new funding for activation of newly-
    constructed Federal prisons, for prison construction and modernization,
    and for contract bed space.
       The 2002 Budget also provides funding to ensure that the
              Federal Bureau of Prisons continues to enroll at least 34
              percent of all inmates in one or more educational programs,
              that two-thirds of all prisoners attain a ``GED,'' or high
              school diploma, at least seven months prior to their release,
              and that virtually all eligible

    [[Page 135]]

              inmates are enrolled in residential drug treatment programs.
       In addition, the budget includes $5 million to evaluate the
              effectiveness of a faith-based, prison pre-release program in
              reducing the recidivism rate among ex-offenders. The program
              will be piloted at four Federal prisons that are
              geographically diverse, encompass varying levels of security,
              and include both male and female inmate populations to provide
              the data for the evaluation.
       The National Capital Revitalization and Self-Government Improvement
    Act of 1997 transferred prison operations from the District of Columbia
    (D.C.) to the Federal Bureau of Prisons. The Bureau of Prisons will be
    responsible for housing all D.C. adult sentenced felons. All but one of
    the correctional facilities at the Lorton Correctional Complex have been
    closed, with only the Central Facility housing approximately 1,760
    inmates remaining open. Currently, the Bureau of Prisons has accepted
    3,149 of the approximately 8,000 D.C. adult felony inmates. All
    remaining D.C. adult felony inmates will be transferred to the Federal
    prison system when the Central Facility at the Lorton Correctional
    Complex is closed, no later than December 31, 2001.

    Criminal Justice Assistance for State and Local Governments

       The budget proposes $4.2 billion to help State and local governments
    fight crime, including $575 million to assist crime victims. This level
    reflects a $1 billion reduction in discretionary spending on State and
    local law enforcement assistance, which grew 500 percent between 1992
    and 2001. The proposed reductions represent only six-tenths of a percent
    of State and local governments total criminal justice spending, and
    would come from programs that have already served their primary purpose
    or are less essential to Federal law enforcement objectives. Reductions
    include funding for such programs as State Prison Grants and a portion
    of the hiring grants under the Community Oriented Policing Services
    (COPS) program, both of which have achieved their original goals, and
    the discretionary portion of the Byrne Grant program, which has been
    heavily directed to special projects on a non-competitive basis. The
    budget continues funding for school resource officers under the COPS
    program. Even at the reduced level, the budget proposes a number of
    targeted initiatives and selected increases.

      Protecting Children from Gun-Related Crime: The budget proposes $154
    million in initiatives to help State and local governments protect our
    young people from gun-related violence and accidents. In coordination
    with the U.S. Attorneys' Project Sentry, $20 million in grants will be
    available to help establish partnerships for reducing youth gun
    violence. To ensure that free child safety locks are made available for
    every single handgun in America by 2006, $75 million will be allocated
    to Project ChildSafe. The budget also provides $50 million for grants to
    encourage States to get tough on gun criminals with increased arrests,
    prosecutions, and public awareness campaigns.
      Drug Control and Treatment: As part of the Administration's broader
    strategy for reducing the supply and demand for drugs, the 2002 Budget
    proposes a new $50 million grant program within COPS to aid counties
    along the Southwest border with the costs of detaining and prosecuting
    drug cases referred to them by U.S. Attorneys. In addition, the
    Residential Substance Abuse Treatment program would receive $74 million
    ($11 million over 2001) to help fund drug treatment for State and local
    prisoners.
      Stopping Violence against Women: To combat the significant problem of
    violence against women, the budget proposes $391 million ($103 million
    above 2001) to fund both existing and new programs authorized in the
    Violence Against Women Act of 2000.
       In 2002, the Violence Against Women Office plans to provide
              grants and technical assistance to aid 256 additional
              localities in developing pro-arrest policies and enforcement
              orders.