    [Economic Outlook, Highlights from FY 1994 to FY 2001, FY 2002 Baseline Projections]
    [III. Major Functions of the Federal Government]
    [17.  Administration of Justice]
    [From the U.S. Government Printing Office, www.gpo.gov]

    [[Page 181]]

                         17.  ADMINISTRATION OF JUSTICE

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

                         Table 17-1.  Federal Resources in Support of Administration of Justice
                                              (Dollar amounts in millions)
    ----------------------------------------------------------------------------------------------------------------
                                                                                                            Percent
                                    Function 750                                     1993        2001       Change:
                                                                                    Actual     Estimate    1993-2001
    ----------------------------------------------------------------------------------------------------------------
    Spending:
      Discretionary budget authority............................................     14,613      29,982        105%
      Mandatory outlays.........................................................        302         672        123%
    ----------------------------------------------------------------------------------------------------------------

      ----------------------------------------------------------------------
      The Clinton-Gore Administration pursued successful initiatives to
    reduce crime and improve the Nation's legal system: the Community
    Oriented Policing Services Program; reform of the Immigration and
    Naturalization Service; strengthening firearms enforcement; reducing
    juvenile crime, especially gun-related violence; preventing terrorism;
    combating drug use; and, protecting all Americans by supporting
    increases for civil rights enforcement, the Legal Services Corporation,
    and Violence Against Women Act programs.
      In 2001, the Federal Government will expend almost $30 billion in
    discretionary budget authority on the administration of justice--
    including law enforcement, litigation, judicial and correctional
    activities--more than double the amount spent in 1993, and an 80-percent
    increase in constant dollars terms. Total Federal, State, and local
    resources devoted to the administration of justice have grown by 80
    percent, from $98 billion in 1993 to an estimated $175 billion in 2001
    (see Chart 17-1), a 55-percent increase in constant dollars terms. 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 suggests a causal relationship. Representing the
    lowest annual serious crime count since 1985, the 1999 Crime Index total
    was estimated at approximately 11.6 million offenses. Down 19 percent
    from 1992, this represented the eighth consecutive annual decline in the
    Crime Index.
      Funding for the administration of justice function includes: (1) law
    enforcement; (2) litigation and judicial activities; (3) correctional
    activities; and, (4) criminal justice assistance to State and local
    entities. Discretionary budget authority for law enforcement is still
    the largest portion of this funding (42 percent) in 2001. However, the
    most dramatic change since 1993 has been in criminal justice assistance,
    which has grown 458 percent, an average increase of 24 percent per year
    (see Chart 17-2).

    Law Enforcement

      Department of Justice (DOJ): The Department of Justice represents 70
    percent of total Federal spending for law enforcement, enforcing diverse
    Federal laws dealing with national security, terrorism, illegal
    immigration, violent crime, drug smuggling, white collar crime, and many
    other criminal acts. In carrying out these activities, DOJ works closely
    with other Federal agencies, and with State and local law enforcement
    agencies, often through joint task forces.

    [[Page 182]]

      National Security and Terrorism: Since 1993, DOJ, with strong
              support from the Administration and the Congress, has acted
              aggressively to prevent, mitigate, and investigate acts of
              terrorism, including the use of weapons of mass destruction
              and the emerging threat of cybercrime. The Department spent
              $782 million in 2000 to combat terrorism, primarily in the FBI
              ($467 million) and the Office of Justice Programs ($152
              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 Criminal Division within DOJ provides
              prosecutive assistance for all terrorist incidents, including
              cyberterrorism, serving as a focal point for such efforts at
              all levels of law enforcement.
              The Nation must be prepared to deal with terrorist events
              involving the use of weapons of mass destruction, such as
              biological, chemical, or nuclear weapons. State and local
              public safety agencies would be responsible for managing the
              consequences of such incidents if they should occur. DOJ and
              other Federal agencies support the necessary training and
              equipping of the State and local agencies to ensure their
              readiness. The FBI houses the National Domestic Preparedness
              Office, which coordinates all Federal programs supporting
              State and local ``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.
              To keep pace with one of the busiest periods of immigration-

    [[Page 183]]

              related activity in the Nation's history and to meet the
              expanded scope and complexity of the INS mission, the
              Administration and the Congress increased the agency's budget
              by more than 180 percent, from $1.5 billion in 1993 to $4.3
              billion in 2000. Staffing levels grew at a similar pace, with
              INS adding 15,200 employees since 1993, for total agency
              staffing level of 32,000 in 2000.
              From 1993 through 2000, the INS received nearly 6.9 million
              applications from immigrants who applied for citizenship--more
              than the total in the previous 40 years combined. By 1998 the
              backlog of naturalization applications had grown to more than
              1.8 million and processing time was over 27 months. In
              response, the Administration provided additional resources,
              streamlined the process, ensured dedicated leadership and
              measured performance. By the end of 2000, the application
              backlog was below one million for the first time in four years
              and INS had achieved its citizenship processing time goal of
              six to nine months while maintaining high levels of integrity.
              INS achieved dramatic results in stemming the flow of illegal
              aliens into the U.S. by following an aggressive border
              management strategy that combined additional Border Patrol
              agents, technology and border barriers. From 1993 to 2000, INS
              increased the number of Border Patrol agents by 132 percent
              from 3,965 to over 9,200 agents. These agents improved the
              quality of life in border communities through targeted
              enforcement operations.
        --Operation Gatekeeper reduced illegal entries along the San Diego
          border to their lowest level in 25 years and contributed to a 34-
          percent drop in overall crime rates in the San Diego area. Once
          the busiest illegal crossing area in the Nation, San Diego Chief
          of Police David

    [[Page 184]]

          Bejarano stated that after Operation Gatekeeper San Diego ``. . .
          is without question the quietest and safest the border has ever
          been in this area.'' Similar results were achieved through
          targeted INS enforcement operations in select locations in Texas,
          Arizona, and New Mexico.

        --Every year since 1993, INS has set new records for the
          incarceration and removal of illegal aliens, restoring credibility
          to the Nation's immigration laws. Preliminary figures for 2000
          show 181,572 removals, more than a quadrupling of the 1993 number.
          Much of this growth is attributable to the dramatic rise of
          criminal removals in cooperation with other law enforcement
          agencies, which reached over 69,000 in 1999--more than 20 times
          the number in 1993.

      Department of the Treasury: Within the Department of the Treasury, the
    U.S. Customs Service, Bureau of Alcohol, Tobacco and Firearms (ATF),
    U.S. 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 U.S. Customs
    Service regulates the importation and exportation of goods; ATF
    regulates and enforces criminal laws pertaining to alcohol, tobacco,
    firearms, and explosives; 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 addition, DOJ and Treasury have annually submitted to the
    Congress two strategies for combating money laundering as required by
    the Money Laundering and Financial Crimes Strategy Act of 1998.
      During the last eight years, the Treasury Department's law enforcement
    bureaus have:
      successfully met the challenge of dramatically increased
              import levels due to the implementation of the North American
              Free Trade Agreement (10.6 million formal and informal entries
              in 1993 as compared to 21.4 million in 1999);
      achieved a trade compliance level of 83 percent for all
              imported goods, a revenue collection compliance rate of 98.8
              percent, and began development and implementation of the
              Automated Commercial Environment (ACE), an automated import
              system designed to effectively process an ever increasing
              volume of trade, in accordance with regulations of the 1993
              Customs Modernization Act; and,
      maintained law enforcement capabilities in a rapidly changing
              technological environment, such as the use of encryption by
              criminals and the introduction of digital communications
              equipment and Internet communications impervious to
              traditional court-approved wiretaps.

      Gun Violence Prevention Efforts: To address the continuing problem of
    gun violence, the Administration has sought to improve enforcement of
    firearms laws and aggressively implement provisions of the Brady Act.
    Keeping guns out of the hands of criminals has made America's streets
    safer. Since 1993, the number of crimes committed with firearms has
    declined by 35 percent.
      DOJ, working with the States, is now conducting computerized
              background checks on all firearm purchases. As of 1999, the
              Instacheck system has been used to block more than 611,000
              illegal gun sales since the program was implemented;
      The ATF has invested in the development and dissemination of
              investigative information, including tripling the number of
              crime gun traces from 79,191 in 1994 to 225,000 in 2000,
              establishing a ballistics information system, efficiently
              providing follow-up analysis of Brady background check
              information, and establishing regular reporting of national
              and local crime gun information to assist law enforcement
              agencies and the firearms industry;
      The Treasury Department also provides firearms expertise and
              technical assistance to State and local law enforcement, the
              U.S. Attorneys Office and local prosecutors

    [[Page 185]]

              to craft solutions responsive to the specific needs of each
              community such as the Boston Gun Project/Boston Ceasefire and
              Project Exile in Richmond.

      Federal Drug Control Activities: The Office of National Drug Control
    Policy established a comprehensive, 10-year National Drug Control
    Strategy that incorporated aggressive societal goals for anti-drug
    programs. Achieving these goals depends not only on the Federal
    Government, but on State, local, and foreign governments, the private
    sector, religious institutions and not-for-profit agencies, and on the
    behavior of individuals. Although some progress has been realized,
    particularly among high school age youth, drug use in the United States
    remains unacceptably high and imposes substantial costs on society.
    Recent accomplishments in this area include:
      Overall drug use in the United States is substantially below the level
    found 20 years ago. The number of current users of illicit drugs has
    dropped from 14.1 percent to 6.7 percent of the population over the age
    of 12. Most of this change occurred before 1988, and since that year the
    rate of overall drug use remained statistically unchanged.
      Drug use among youth has declined by more than one-third (37
              percent) since 1979. More recently, reported levels of drug
              use increased during the 1990s, starting in 1992, and
              continued to increase until 1997. The rate of current use of
              any illicit drug among 12-17 year-olds declined 21 percent
              between 1997 and 1999, the first statistically significant
              drop in four years.
      A decline in the perceived risk of harm from the regular use
              of marijuana among students in high school and junior high
              school, which began in the early 90s, has stopped, and in some
              cases perceptions of risk may be increasing. Among 8th grade
              students surveyed in 2000, about 75 percent believe there is a
              great risk of physical or other harm from regular use of
              marijuana, an increase of 4 percent since 1996. Among 10th
              graders, about 65 percent perceive such a risk, essentially
              the same level as the past four years. Among 12th grade
              students, 58 percent reported believing regular marijuana use
              presents a great risk, compared to 60 percent in 1996.
      An ambitious, comprehensive communications strategy that uses
              a variety of media and messages to educate and encourage youth
              to reject illicit drugs has been implemented. This Youth Anti-
              Drug Media Campaign is a research-based program developed by
              experts in behavior change, drug prevention, teen marketing,
              advertising and communications, and representatives from
              professional, civic, and community organizations. A recent
              survey of teenagers and their parents found that 90 percent of
              both groups recalled seeing at least one Campaign-funded ad in
              the prior month.
      In 2001, $19.2 billion was appropriated for Federal drug control
    programs administered by approximately 50 Federal agencies, representing
    about 1 percent of the total Federal budget and about 3 percent of all
    discretionary funds. The amount appropriated for Federal drug control
    programs has increased by $6.5 billion, or 51 percent, since 1992. Chart
    17-3 depicts annual Federal funding for the five major types of drug
    control activities. The total for 2000 includes the $1.3 billion Plan
    Colombia program discussed in Chapter 3, ``International Affairs.''

      Civil Rights Laws: Federal responsibility for enforcing civil rights
    laws that provide protections from discrimination on the basis of race,
    color, religion, gender, national origin, disability, age, and marital
    status is accomplished by several principal agencies, including the
    Civil Rights Division of the Department of Justice, the 94 U.S.
    Attorneys offices, the Equal Employment Opportunity Commission (EEOC),
    and the Department of Housing and Urban Development (HUD). The Civil
    Rights Division has primary litigation authority for the enforcement of
    the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Fair
    Housing Act, the Equal Credit Opportunity Act, the Freedom of Access to
    Clinic Entrances Act, and a number of criminal and civil statutes,
    including laws prohibiting police misconduct. HUD enforces laws that
    prohibit discrimination in the sale or rental, provision of brokerage
    services, or financing of housing.

    [[Page 186]]

    The EEOC enforces laws that prohibit employment discrimination.
      ----------------------------------------------------------------------

                  Table 17-2.  Civil Rights Enforcement Funding
                   (Budget authority, in millions of dollars)
    ------------------------------------------------------------------------
                                                    Actual
                                            ----------------------    2001
                                                1999       2000     Enacted
    ------------------------------------------------------------------------
    Equal Employment Opportunity Commission        279        281        304
    Justice: Civil Rights Division.........         69         82         92
    Education: Office for Civil Rights.....         66         71         76
    Labor: Federal Contract Compliance.....         65         73         76
    Housing and Urban Development: Fair             40         44         46
     Housing Activities Grants.............
    Health and Human Services: Office for           21         23         28
     Civil Rights..........................
    Agriculture: Civil Rights Programs.....          5         18         20
    Transportation: Office of Civil Rights.          2          7          8
    Labor: Civil Rights Center.............          5          6          6
    Environmental Protection Agency: Office          3          5          5
     of Civil Rights.......................
                                            --------------------------------
      Total................................        555        610        661
    ------------------------------------------------------------------------

      ----------------------------------------------------------------------
      Over the past eight years, approximately 400 defendants were
              prosecuted and convicted on Federal hate crime charges for
              interfering with federally protected rights of African
              American, Latino, Native American, and Jewish victims. In
              1996, following a rash of fires at churches in the South, the
              President and Attorney General created the National Church
              Arson Task Force. Co-chaired by the Assistant Attorney General
              for Civil Rights, the interagency task force opened nearly
              1,000 investigations into arson, bombings at our Nation's
              houses of worship and prosecuted more than 300 defendants.
      To reduce its backlog, in the past decade the EEOC has
              implemented changes to speed processing, notably through the
              prioritization of charges and greater use of mediation
              services. By the end of 1999, the EEOC had reduced its
              private-sector backlog to just over 40,000 complaints, a 15-
              year low.
      During this Administration, HUD's Office of Fair Housing and
              Equal Opportunities doubled the number of enforcement actions
              brought against perpetrators of housing discrimination. HUD is
              now achieving a rate of 60 to 70 enforcement actions a month,
              compared with 25 to 30 enforcement actions during the
              Administration's first term.
      The Administration fought vigorously, but unsuccessfully, to
              expand the Federal Government's ability to combat hate crimes
              by removing jurisdictional obstacles and by giving Federal
              prosecutors the ability to prosecute hate crimes based on
              sexual orientation, gender, or disability, along with those
              based on race, color, religion, and national origin.

    [[Page 187]]

    Litigation and Judicial Activities

      Department of Justice: United States Attorneys offices are the chief
    prosecutive 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.
      Their mission of bringing to trial and convicting those who violate
    Federal law is supported by the six litigating divisions of DOJ. These
    six divisions--the Civil, Criminal, Civil Rights, Environment and
    Natural Resources, Tax, and Antitrust Divisions--specialize in specific
    areas of law and have activities that range from providing prosecutive
    assistance to U.S. Attorneys offices, to bringing their own substantial
    cases to trial.

      Legal Services Corporation: The Federal Government, through the Legal
    Services Corporation (LSC), promotes equal access to the Nation's legal
    system by providing funding for civil legal assistance to low income
    clients who seek redress of grievances. Each year LSC helps to provide
    high quality legal assistance to approximately one million clients in
    such areas as domestic violence, child custody, visitation rights,
    evictions, access to health care, and unemployment and disability
    claims.
      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 27 percent of all criminal filings nationwide.

    Correctional Activities

      Between 1993 and 2001, the Federal Government will have spent almost
    $4 billion on constructing new prisons. During that time, the Federal
    prison population has grown by over 64 percent, from 88,565 in 1993

    [[Page 188]]

    to145,969 in 2000. The past three years show record growth in the
    Federal prison population. Between 1998 and 2000, over 33,000 inmates
    were added to the Federal prison system. During 1999, the Federal prison
    population, rose by 13.4 percent, an increase of 11,296 prisoners, the
    largest 12-month gain ever reported. To respond to the rapid inmate
    growth, Federal prison facilities grew from 72 in 1993 to 97 in 2000,
    with an additional 21 institutions partially funded and in some phase of
    design or construction. With the Federal inmate population expected to
    double over the next seven years, the Bureau of Prisons must develop,
    and continually refine, its projections of inmate growth, as well as
    expertly manage its portfolio of properties available for expansion,
    renovation, and development to house this population. In 2001, the
    Administration requested, but the Congress did not provide, advance
    appropriations of $1.3 billion for Federal prison construction. Current
    inmate population projections, however, clearly illustrate the need for
    a long term capital plan for prison facilities construction.
      Overcrowding has surged in recent years and is expected to remain at
    32 percent system-wide by the end of 2000. Federal prison population
    growth is due to tougher sentencing guidelines, the abolition of parole,
    minimum mandatory sentences, and significant increases in investments in
    Federal law enforcement investigations (e.g., FBI) and prosecutions
    (e.g., U.S. Attorneys). Drug offenders now account for 57 percent of
    inmates in the Federal system. The Federal Bureau of Prisons has
    enrolled approximately 34 percent of all inmates in one or more
    education programs and 100 percent of eligible inmates in residential
    drug treatment programs.
      The total U.S. inmate population, of which the Federal prison system
    represents less than one tenth, reached a record 2 million in December
    2000. State inmate populations have grown, albeit at a slower pace, due
    in part, to sentencing requirements tied to Federal prison grant funds.
      The National Capital and Self Government Revitalization Act of 1997
    transferred the State function of operating prisons from the District of
    Columbia Department of Corrections to the Bureau of Prisons, which will
    be responsible for housing all D.C. adult sentenced felons. Since
    passage of the Act, the Bureau of Prisons has accepted 2,903 D.C.
    inmates of the approximately 8,800 D.C. adult felony inmates. All
    remaining D.C. adult felony inmates will be transferred to the Federal
    prison system when the Lorton facility is closed or by December 31,
    2001, whichever is earlier.

    Criminal Justice Assistance for State and Local Governments

      Providing Community Policing: Since 1992, the Federal Government has
    strengthened its role in providing States and local communities with
    resources in their fight against crime. State and local law enforcement
    assistance funding from the Department of Justice has grown five-fold
    over this period, reaching almost $5.2 billion in 2001, including $538
    million to assist crime victims. The most significant of these new
    Federal partnerships with State and local government has been the
    Community Oriented Policing Services (COPS) program, which was charged
    by President Clinton with carrying out his commitment to put an
    additional 100,000 additional community policing officers on the street.
    In 1999 the COPS program funded its 100,000th officer, and the program
    is now on track towards the new goal of funding up to 150,000 officers
    by 2005.
      As of October 2000, COPS has funded 109,000 officers, of which
              70,000 are now on the street, working to make America's
              neighborhoods safer places to live and work. COPS grants have
              gone to over 12,000 law enforcement agencies, 62 percent of
              all law enforcement agencies in the United States.
      COPS has provided training to over 128,000 law enforcement
              personnel and community members, encouraging officers and
              citizens to work more closely together to fight and prevent
              crime. As of June 1999, almost 90 percent of local police
              departments (serving a population of 25,000 or more) had full-
              time personnel engaged in community policing. State and local
              law enforcement agencies had over 112,600 sworn personnel
              engaged in community policing, up from 21,239 in 1997.

    [[Page 189]]

      Stopping Violence Against Women: The Administration has worked with
    the Congress to increase funding for programs combating violence against
    women. First authorized as part of the 1994 Crime Act, the Violence
    Against Women Act programs have grown from $26 million in 1995 to $289
    million in 2001, and have helped encourage States, local governments and
    tribal units to treat domestic violence, sexual assault, and stalking as
    serious criminal offenses. The number of organizations providing legal
    assistance to domestic violence victims has grown from 54 in 1998 to 100
    in 2000, an 85-percent increase.
      Strengthening Indian Country Law Enforcement: Native Americans are
    almost twice as likely to be the victim of a violent crime as other
    Americans. In 1997, the President directed the Justice and Interior
    Departments to jointly address this disparity and the rising crime rates
    on and near Indian reservations. The 1999 Budget launched a four-year
    Indian Country Law Enforcement Initiative, which reached an enacted
    level of $370 million by 2001. The increases have been used to hire,
    train, and retain officers and dispatchers, provide additional
    equipment, replace vehicles, and improve court facilities.