[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

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                     Table 17-1.  Federal Resources in Support of Administration of Justice
                                            (In millions of dollars)
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                                                                               Estimate
               Function 750                   2000   -----------------------------------------------------------
                                             Actual     2001      2002      2003      2004      2005      2006
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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
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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.

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   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.

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   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,

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          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

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          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.

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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

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          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.