[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]
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17. ADMINISTRATION OF JUSTICE
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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
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Spending:
Discretionary budget authority............................................ 14,613 29,982 105%
Mandatory outlays......................................................... 302 672 123%
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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.
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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-
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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
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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
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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.
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The EEOC enforces laws that prohibit employment discrimination.
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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
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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.
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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
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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.
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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.