Order Code RL34530
Department of Justice (DOJ) Appropriations for
FY2008 and FY2009
June 10, 2008
William J. Krouse
Specialist in Domestic Security and Crime Policy
Domestic Social Policy Division
Celinda Franco
Specialist in Domestic Security
Domestic Social Policy Division
Nathan James
Analyst in Crime Policy
Domestic Social Policy Division
Department of Justice (DOJ) Appropriations for
FY2008 and FY2009
Summary
Congress established the Department of Justice (DOJ) in 1870 (28 U.S.C. 501),
with the Attorney General at its head. DOJ provides counsel for citizens in federal
cases and protects them through law enforcement; represents the federal government
in all proceedings, civil and criminal, before the Supreme Court; and provides legal
advice and opinions, upon request, to the President and executive branch department
heads. This report provides coverage of the FY2009 appropriations cycle for DOJ,
including FY2008 supplemental appropriations.
Congress generally provides appropriations for DOJ in the annual Commerce,
Justice, Science (CJS) and Related Agencies Appropriations bill. For FY2008,
Congress appropriated nearly $23,591.9 million for DOJ, or $381.5 million more
than the enacted level for FY2007. While appropriations were increased for the
Federal Bureau of Investigation (FBI), funding was reduced for the Federal Prison
System (Bureau of Prisons) and several other justice accounts. To cover shortfalls
in the Federal Prison System account, DOJ has reportedly submitted a budget
reprogramming request to Congress. Moreover, the Administration requested $185.8
million in FY2008 supplemental funding for DOJ.
In the Iraq War Supplemental Appropriations Act, 2008 (H.R. 2642), both the
House and Senate have provided additional FY2008 funding for the DOJ. The
House-passed bill would provide $407.3 million, and the Senate-passed bill would
provide $1,130.6 million. Both bills include additional funding for FBI
counterterrorism (CT) operations: $92.2 million in the House bill and $165 million
in the Senate bill. In addition, both bills would provide $82.6 million in “bridge
funding” to continue FBI CT operations in the first six months of FY2009, in the
event that final appropriations may not be enacted before the end of this fiscal year.
Both bills also include $187.1 million for the Federal Prison System, as well as
supplemental funding for other DOJ entities such as the U.S. Marshals Service and
Drug Enforcement Administration. In addition, the Senate bill includes an additional
$590 million for state and local law enforcement assistance for FY2008.
For FY2009, the Administration’s budget request for DOJ was $23,088.9
million. This amount is $503 million less than the FY2008 enacted budget. In light
of the House and Senate action on FY2008 supplemental funding, the FY2009 DOJ
budget request may well be between $910.3 million and $1,633.6 million below the
total level of funding that Congress might provide for FY2008. Several issues with
funding implications that have arisen during FY2009 appropriations hearings include
(1) continued oversight of the FBI’s greater emphasis on national security
investigations as opposed to traditional crime, (2) reported spikes in violent crime in
medium-sized and small cities, (3) the Administration’s proposal to further cut
funding for state and local law enforcement assistance and consolidate related grant
programs, (4) reported increases in drug trafficking and related violent crime on the
Southwest border, (5) funding shortfalls for the Federal Prison System, and (6) the
reentry of several waves of offenders whose prison sentences will soon end. This
report will be updated as necessary.
Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Government Performance and Results Act . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Selected DOJ-Related Issues with Funding Implications . . . . . . . . . . . . . . . 3
FBI Transformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Violent Crime Increases Reported for Medium-Sized and
Small Cities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Consolidated Law Enforcement Assistance Grants Proposal . . . . . . . . 5
Southwest Border Enforcement Initiative . . . . . . . . . . . . . . . . . . . . . . . 5
NICS Improvement Act Authorizations . . . . . . . . . . . . . . . . . . . . . . . . 5
Bureau of Prisons (BOP) Facilities and Capacity . . . . . . . . . . . . . . . . . 6
Offender Reentry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
DOJ Appropriations for FY2008, Including FY2008 Supplemental, and
FY2009 Budget Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
General Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
General Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Administrative Review and Appeals (ARA) . . . . . . . . . . . . . . . . . . . . 11
Federal Office of Detention Trustee (OFDT) . . . . . . . . . . . . . . . . . . . 11
Office of the Inspector General (OIG) . . . . . . . . . . . . . . . . . . . . . . . . . 11
U.S. Parole Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Legal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
General Legal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Office of the U.S. Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
U.S. Marshals Service (USMS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Other Legal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
National Security Division (NSD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Interagency Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Federal Bureau of Investigation (FBI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Drug Enforcement Administration (DEA) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) . . . . . . . . . . 16
Federal Prison System (Bureau of Prisons) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Office on Violence Against Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Office of Justice Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Justice Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
State and Local Law Enforcement Assistance . . . . . . . . . . . . . . . . . . . 19
Weed and Seed Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Community Oriented Policing Services . . . . . . . . . . . . . . . . . . . . . . . . 22
Juvenile Justice Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Public Safety Officers Benefits Program . . . . . . . . . . . . . . . . . . . . . . . 23
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Related CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
List of Tables
Table 1. Funding for the Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Table 2. Funding for Office on Violence Against Women . . . . . . . . . . . . . . . . . 18
Table 3. Funding for State and Local Law Enforcement Assistance . . . . . . . . . 20
Table 4. Funding for the COPS Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Table 5. Funding for Juvenile Justice Programs . . . . . . . . . . . . . . . . . . . . . . . . . 23
Department of Justice (DOJ) Appropriations
for FY2008 and FY2009
Most Recent Developments
The President’s FY2009 budget request for the Department of Justice (DOJ) is
$23,088.9 million. This amount reflects a reduction of almost $503 million
compared with the FY2008 enacted appropriation of $23,591.9 million. The
Administration has also requested another $185.8 million for DOJ in FY2008
supplemental funding. In addition, the Administration has reportedly submitted an
FY2008 budget reprogramming request to the House and Senate Committees on
Appropriations that address FY2008 funding shortfalls for certain DOJ accounts,
principally the Federal Prison System.1
Congress, in turn, has recently considered legislation that would provide the
DOJ with supplemental funding for FY2008, as well as “bridge funding” for
FY2009. The House passed the Iraq war supplemental appropriations bill (H.R.
2642) on May 15, 2008. The House bill includes $407.3 million in funding for DOJ.
The Senate passed H.R. 2642, amended, on May 22. The Senate bill includes
$1,130.6 million for DOJ. For Federal Bureau of Investigation (FBI)
counterterrorism (CT) operations, the House bill includes $92.2 million, and the
Senate bill includes $165 million. Both bills include $82.6 million in “bridge
funding” to maintain FBI CT operations for the first six months of FY2009, in the
event that final appropriations may not be enacted before the end of this fiscal year.
Both bills also include $178 million to meet FY2008 funding shortfalls for the
Federal Prison System,2 as well as funding for the DOJ Office of the Inspector
General, General Legal Activities, U.S. Attorneys Office, U.S. Marshals Service,
Drug Enforcement Administration, and Bureau of Alcohol, Tobacco and Firearms.
In addition, the Senate bill includes $590 million to provide for additional state and
local law enforcement assistance for FY2008. The House is poised to reconsider
H.R. 2642 in light of the Senate-passed version of this bill, and the House Committee
on Appropriations has scheduled markups of several FY2009 appropriations bills
1 On June 5, 2008, the DOJ Office of Legislative Affairs confirmed in a conversation with
CRS that there are a number of budget reprogramming requests pending with the House and
Senate Committees on Appropriations. Of these requests, the largest reprogramming would
shift $240 million to the Federal Prison System from other DOJ accounts, of which the
committees have approved $109 million.
2 In addition to the $178 million, both the House- and Senate-passed FY2008 Iraq war
supplemental appropriations bills include $9.1 million for counterterrorism purposes, as
requested by the Administration.
CRS-2
during the month of June, including the bill that funds DOJ — the Commerce,
Justice, State, and Related Agencies Appropriations.3
Background
Established by an act of 1870 (28 U.S.C. 501), with the Attorney General at its
head, the Department of Justice provides counsel for citizens in federal cases and
protects them through law enforcement. It represents the federal government in all
proceedings, civil and criminal, before the Supreme Court. In legal matters,
generally, the Department provides legal advice and opinions, upon request, to the
President and executive branch department heads. The major functions of DOJ
agencies and offices are described below.
! United States Attorneys prosecute criminal offenses against the
United States, represent the federal government in civil actions, and
initiate proceedings for the collection of fines, penalties, and
forfeitures owed to the United States.
! United States Marshals Service provides security for the federal
judiciary, protects witnesses, executes warrants and court orders,
manages seized assets, detains and transports unsentenced prisoners,
and apprehends fugitives.
! Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; helps protect the United States against
terrorism and hostile intelligence efforts; provides assistance to other
federal, state, and local law enforcement agencies; and shares
jurisdiction with Drug Enforcement Administration (DEA) over
federal drug violations.
! Drug Enforcement Administration (DEA) investigates federal drug
law violations; coordinates its efforts with state, local, and other
federal law enforcement agencies; develops and maintains drug
intelligence systems; regulates legitimate controlled substances
activities; and conducts joint intelligence-gathering activities with
foreign governments.
! Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
enforces federal law related to the manufacture, importation, and
distribution of alcohol, tobacco, firearms, and explosives. It was
transferred from the Department of the Treasury to the Department
of Justice by the Homeland Security Act of 2002 (P.L. 107-296).
! Federal Prison System provides for the custody and care of the
federal prison population, the maintenance of prison-related
3 Liriel Higa and Chuck Conlon, “Appropriations Markups Begin Next Week in House,”
CQ Today Online News, June 3, 2008.
CRS-3
facilities, and the boarding of sentenced federal prisoners
incarcerated in state and local institutions.
! Office on Violence Against Women coordinates legislative and other
initiatives relating to violence against women and administers grant
programs to help prevent, detect, and stop violence against women,
including domestic violence, sexual assault, and stalking.
! Office of Justice Programs (OJP) manages and coordinates the
activities of the Bureau of Justice Assistance, Bureau of Justice
Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.
Most crime control has traditionally been a state and local responsibility. With
the passage of the Crime Control Act of 1968 (P.L. 90-351), however, the federal
role in the administration of criminal justice has increased incrementally. Since
1984, Congress has approved five major omnibus crime control bills, designating
new federal crimes, penalties, and additional law enforcement assistance programs
for state and local governments.4
Government Performance and Results Act
The Government Performance and Results Act (GPRA) required the
Department of Justice, along with other federal agencies, to prepare a five-year
strategic plan, including a mission statement, long-range goals, and program
assessment measures. The Department’s Strategic Plan for FY2007-FY2012 sets out
six goals:
! detect and prevent terrorism;
! combat violent crime;
! combat computer crime, especially child pornography, obscenity,
and intellectual property theft;
! combat illegal drugs;
! attack corporate and public corruption; and
! promote civil rights and civil liberties.5
Selected DOJ-Related Issues with Funding Implications
During consideration of the Administration’s FY2009 budget request, several
issues may be brought to Congress’s attention. There are short descriptions of these
issues below.
4 For further information, see CRS Report RL32824, Federal Crime Control: Background,
Legislation, and Issues, by Lisa M. Seghetti.
5 U.S. Department of Justice, Office of the Attorney General, Stewards of the American
Dream: FY 2007 — FY 2012 Strategic Plan, available at [http://www.usdoj.gov/jmd/mps/
strategic2007-2012/index.html].
CRS-4
FBI Transformation. Over a 10-year period, from FY1999 to FY2008,
Congress has increased direct appropriations for the FBI from $2,993.1 million and
26,693 positions to $6,657.7 million (122% increase) and 30,211 positions (13%
increase). Most of these new resources were provided in the wake of the 9/11
terrorist attacks, as the FBI redirected its resources toward combating domestic and
international terrorism by improving its intelligence gathering and processing
capabilities. As a consequence, for FY2008, about 60% of FBI funding and staffing
is allocated to national security programs, including counterterrorism and
counterintelligence.
While al Qaeda remains a serious national threat, some Members of Congress
— including appropriations subcommittee chairs — have expressed concern about
the effect that redirecting a significant number of agents to counterterrorism could
have on drug enforcement and violent crime investigations.6 More recently, concerns
have been raised about the effect that the redirection of resources toward
counterterrorism may be having on DOJ and FBI’s shared counterintelligence
mission and the enforcement of espionage laws.7 Nevertheless, the Administration’s
FY2009 budget request includes $492.7 million in new funding for counterterrorism
and related intelligence matters, of which $447.4 million has been requested for the
FBI, but no budget increases have been requested for traditional or emerging crime
or espionage law enforcement (counterintelligence).
Violent Crime Increases Reported for Medium-Sized and Small
Cities. According to the Federal Bureau of Investigation’s (FBI’s) Uniform Crime
Reports (UCRs), the reported number of violent crimes8 in the United States
increased 1.9% in 2006 compared with 2005.9 Medium-sized and small cities,
6 Senator Barbara Mikulski, Chair of the Senate Appropriations Commerce, Justice, Science
(CJS) and Related Agencies Subcommittee amended the FY2008 CJS appropriations bill
(H.R. 3093) to include language to require the FBI Director to submit a report to House and
Senate Appropriations Committees, within 60 days of enactment, on the FBI’s current
workforce allocation, right-sizing, and realignment of agents, analysts, and support
personnel. See Congressional Record, Daily Edition, October 4, 2007, p. S12723. This
requirement was included in the explanatory statement accompanying the Consolidated
Appropriations Act, 2008 (P.L. 110-161; December 26, 2007). See Congressional Record,
Daily Edition, December 17, 2007, p. H15798. Also, see “Panel Chairman Seeks Study of
FBI Reorganization; Rep. Wolf Cites Concern on Impact of Shifting Agents to
Counterterrorism Effort,” Washington Post, June 5, 2002, p. A08.
7 Statement of J. Patrick Rowan, Deputy Assistant Attorney General, National Security
Division, U.S. Department of Justice, before the Subcommittee on Crime Terrorism, and
Homeland Security, Committee on the Judiciary, House of Representatives, concerning
“Enforcement of Federal Espionage Laws,” January 29, 2008, available at
[http://judiciary.house.gov/media/pdfs/Rowan080129.pdf].
8 Violent crimes include murder/non-negligent manslaughter, rape, robbery, and aggravated
assault.
9 U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States,
2006, Table IA, available online at [http://www.fbi.gov/ucr/cius2006/index.html], accessed
June 10, 2008. It is notable that the FBI released preliminary data for 2007 on June 9, 2008;
(continued...)
CRS-5
however, saw a greater increase in violent crime than large cities. While cities with
populations of 250,000 or more had a 1% increase in the reported number of violent
crimes in 2006 as compared with 2005,10 cities with populations of 100,000 to
249,999 had a 2.3% increase in the reported number of violent crime. Moreover,
cities with populations of 50,000 to 99,999, 25,000 to 49,999, and 10,000 to 24,999
reported violent crime increases of 3.5%, 3.8%, and 2.8%, respectively, in 2006 as
compared with 2005. Such violent crime increases in medium-sized and small cities
may lead to calls for greater federal assistance targeted for those cities.
Consolidated Law Enforcement Assistance Grants Proposal. The
Administration’s FY2009 budget request includes a proposal to consolidate the
existing 38 federal law enforcement assistance programs into three “competitive”
grant programs. Moreover, the FY2009 request of $404 million for state and local
law enforcement assistance would be $1,223.4 million less than the amount Congress
appropriated individually for similar programs for FY2008 ($1,627.4 million for
State and Local Law Enforcement Assistance, Weed and Seed, and COPS). For
juvenile justice programs, the FY2009 request is $185 million, or $198.5 million less
than the FY2008 enacted level. For the Office on Violence Against Women, the
FY2009 request is $280 million, or $120 less than the FY2008 enacted level. Hence,
for major law enforcement assistance programs, the Administration’s FY2009
request of $869 million is $1,541.9 million less than the $2,410.9 million that was
appropriated for FY2008. Although several similar consolidations and funding cuts
were proposed in the past by the Bush Administration, Congress has rejected those
proposals and provided appropriations for federal law enforcement assistance grants
in amounts greater than requested by the Administration and along existing account,
subaccount, and program structures.
Southwest Border Enforcement Initiative. On January 31, 2008, DOJ
announced its FY2009 funding request of $100 million for the Administration’s
Southwest Border Enforcement Initiative. This initiative would provide resources
to bolster DOJ’s efforts to combat illegal immigration, drug trafficking, and firearms
smuggling across the Southwest border between the United States and Mexico. Most
of these resources would be allocated to arrest, detain, prosecute, and incarcerate
violent criminals, drug offenders, and immigration violators. DOJ estimates that
with increased border enforcement by DHS — principally the U.S. Border Patrol —
over 24,000 criminal immigration cases will be filed by the U.S. Attorneys in the
next two years. DOJ also claims that such additional funding has assumed greater
importance, as terrorists could attempt to exploit vulnerabilities on the Southwest
border to enter the United States illegally and smuggle weapons of mass destruction
into the United States.
NICS Improvement Act Authorizations. The tragic events at Virginia
Tech on April 16, 2007, prompted Congress to pass the NICS Improvement
Amendments Act (P.L. 110-180). This law includes provisions that would require
states, as a condition of federal funding, to update and make available disqualifying
9 (...continued)
however, the latest final and full-year data are for 2006.
10 Ibid., Table 12.
CRS-6
records for inclusion in the National Instant Criminal Background Check System
(NICS). This Act also includes two authorizations to make appropriations and
increase federal assistance for purposes related to gun control ($1,312.5 million over
five years). Subsection 103(e) authorizes increased appropriations to assist states and
Indian tribal governments in upgrading records that would disqualify persons from
possessing a firearm in a manner consistent with the National Criminal History
Improvement Program (NCHIP), which is funded under the COPS program but
administered by DOJ’s Bureau of Justice Statistics. Section 301 authorizes increased
appropriations to improve state court systems in regard to final dispositions on
misdemeanor domestic violence convictions and mental health adjudications where
persons are determined to be a threat to themselves or others.
In recent years, however, appropriated funding for NCHIP has generally
decreased. The FY2008 NCHIP appropriation was $9.4 million, compared with $50
million for FY1997 to implement provisions of Brady Handgun Violence Prevention
Act, 1993 (P.L. 103-159). Consequently, realizing FY2009 appropriations at the
levels authorized under P.L. 110-180 ($187.5 million)11 could prove challenging.
Bureau of Prisons (BOP) Facilities and Capacity. The BOP has
projected that its facilities will be 39% over capacity in 2008 and 42% over capacity
in 2009.12 BOP has alleviated overcrowding by contracting for additional bed space,
but BOP contracts only for bed space to house low-security criminal aliens and
convicted offenders in halfway houses when they are within six months of being
released.13 In addition to contracting additional bed space, BOP could likely need to
either expand existing facilities or build new facilities in order to properly house the
growing federal prison population.14 Congress, meanwhile, reduced the FY2008
BOP budget by $22.7 million, as compared with the FY2007 enacted level of funding
($5,448.2 million). To meet FY2008 budget shortfalls, Congress is considering an
FY2008 supplemental appropriations bill (H.R. 2642) that includes additional
funding for BOP. In addition, the Administration has submitted an FY2008 budget
reprogramming to Congress to shift additional funding to BOP from other DOJ
accounts.
11 For FY2009, subsection 103(3) authorizes $125 million to be appropriated, and section
301 authorizes $62.5 million, for a total authorized funding level of $187.5 million under
these two provisions of P.L. 110-180.
12 U.S. Department of Justice, Federal Bureau of Prisons, FY2009 Congressional Budget
Submission, p. 3.
13 Telephone conversation on February 12, 2008 with U.S. Department of Justice, Bureau
of Prisons, Office of Congressional Affairs.
14 According to BOP the federal inmate population housed in BOP facilities in 2007 was
167,323. BOP projects the federal inmate population housed in BOP facilities to increase
to 175,759 in 2009. U.S. Department of Justice, Bureau of Prison, FY2009 Performance
Budget, Congressional Submission, Salaries and Expenses, p. 3.
CRS-7
Offender Reentry.15 Over 95% of the prison population today will be
released at some point in the future, and each year in the United States, almost
650,000 offenders are released from prison.16 The Department of Justice’s (DOJ’s)
Bureau of Justice Statistics (BJS) has estimated that two-thirds of all released
prisoners will commit new offenses (recidivate) within three years of their release.17
Many studies have indicated that reentry initiatives that combine work training and
placement with counseling and housing assistance can reduce recidivism rates.18
The Office of Justice Programs within DOJ oversees a wide array of grant
programs that include support for offender reentry programs or activities among the
purpose areas eligible for funding. However, only one grant program within DOJ is
exclusively focused on offender reentry; that program is currently being called the
Prisoner Reentry Initiative (PRI) by DOJ.19 In FY2008, the PRI received an
appropriation of $11.75 million. The President’s request for FY2009 would
eliminate this program and proposes consolidating its purpose areas within a larger
discretionary grant program known as the Byrne Public Safety and Protection
Program. The issue of offender reentry funding within DOJ, and whether the
elimination of this grant program is appropriate, may be of interest to Congress given
the recent enactment of the Second Chance Act (P.L. 110-199) on April 9, 2008. The
Second Chance Act, among other things, includes a significant expansion of the
current offender reentry grant program within DOJ and authorizes $55 million for
this program in both FY2009 and FY2010.
15 For further information, see CRS Report RL34287, Offender Reentry: Correctional
Statistics, Reintegration into the Community and Recidivism, by Blas Nuñez-Neto.
16 U.S. Department of Justice, Office of Justice Programs, “Learn About Reentry,” available
at [http://www.reentry.gov/learn.html].
17 U.S. Department of Justice, Bureau of Justice Statistics, “Reentry Trends in the United
States: Recidivism,” available at [http://www.ojp.usdoj.gov/bjs/reentry/recidivism.htm].
18 Wilkinson, Reginald A., Director of the Ohio Department of Rehabilitation and
Correction, “Offender Reentry: A Storm Overdue,” Paper Prepared for Third National
Forum on Restorative Justice, March 2002, available at [http://www.drc.state.oh.us/web/
Articles/article98.htm].
19 From FY2002 through FY2005, the program was known as the Serious and Violent
Offender Reentry Initiative. Both programs, however, draw on the same legislative
authority: P.L. 107-273, Title II, Division B, § 2421(a); codified at 42 U.S.C. 3797w.
CRS-8
DOJ Appropriations for FY2008, Including FY2008
Supplemental, and FY2009 Budget Request
The President’s FY2009 DOJ budget request includes $23,088.9 million. This
amount reflects a reduction in funding of almost $503 million compared with the
FY2008 enacted appropriation of $23,591.9 million. This overall reduction of 2.1%
is largely reflected in proposed reductions in grants administered by the Office of
Justice Programs (OJP), Community Oriented Policing Services (COPS) Office, and
Office of Violence Against Women (OVW). For these and other DOJ accounts,
Table 1 shows amounts appropriated by Congress for FY2007 and FY2008, as well
as amounts requested by the Administration for FY2009.
In addition, the Administration requested $185.8 million in FY2008
supplemental funding for DOJ, which is also shown in Table 1. As described above,
the House and Senate have passed FY2008 Iraq war supplemental appropriations
bills (H.R. 2642) that include additional funding for DOJ. As Table 1 shows, the
House-passed bill would provide DOJ with $407.3 million, and the Senate bill would
provide $1,130.6 million. The Senate-passed bill, for example, would provide $590
million in additional state and local law enforcement assistance. The House-passed
bill, however, includes no additional funding for this account.
Furthermore, DOJ has reportedly submitted a $240 million budget
reprogramming request to the House and Senate Committees on Appropriations to
cover FY2008 budget shortfalls in the Federal Prison System account, of which $109
million has been approved.20 This reprogramming request is not reflected in Table
1, but it will likely result in funding being shifted to the Federal Prison System
account from other DOJ accounts for FY2008. Both House- and Senate-passed
versions H.R. 2642 would provide $187.1 million for the Federal Prison System, $9.1
million of which was requested by the Administration.
General Administration
The General Administration account provides funds for salaries and expenses
for the Attorney General’s office and the Inspector General’s office, as well as other
programs designed to ensure that the collaborative efforts of DOJ agencies are
coordinated to help fight crime as efficiently as possible. The General
Administration budget request is $1,956.1 million for FY2009. This amount is
$161.3 million more than the enacted FY2008 appropriation of almost $1,794.8
million. Described below are several General Administration subaccounts, including
one for General Administration.
20 CRS conversation with DOJ Office of Congressional Affairs on June 5, 2008.
CRS-9
Table 1. Funding for the Department of Justice
(budget authority in millions of dollars)
FY2008 Supplemental
H.R. 2642
FY2007
FY2008
House-
Senate-
FY2009
Accounts
Enacteda
Enactedb
Request
passed
passed
Request
General Administration
1,836.2
1,794.8
—
4.0
4.0
1,956.1
General
310.6
257.6
—
—
—
321.3
Administration
Administrative
Review & Appeals
229.1
240.7
—
—
—
263.8
Federal Office of the
Detention Trustee
1,225.8
1,225.9
—
—
—
1,295.3
Office of the Inspector
General
70.6
70.6
—
4.0
4.0
75.7
U.S. Parole Commission
11.5
11.5
—
—
—
12.6
Legal Activities
3,393.1
3,584.0
24.0
25.3
75.3
3,835.9
General legal
678.8
745.5
4.1
1.7
1.7
804.0
activities
U.S. Attorneys
1660.0
1,754.8
5.0
5.0
5.0
1,831.3
U.S. Marshals
825.4
866.5
14.9
18.6
68.6
933.1
Service
Other
229.0
217.1
—
—
—
267.5
National Security Division
68.7
73.4
—
—
—
83.8
Interagency Law
Enforcement
497.9
497.9
—
—
—
531.6
Federal Bureau of
Investigation
6,298.6
6,657.7
140.2d
174.8d
247.6d
7,108.1
Salaries and expenses
3,987.5
4,184.9
—
—
—
4,339.6
Counterintelligence
and National Security
2,259.7
2,308.6
140.2d
174.8d
247.6d
2,725.5
Construction
51.4
164.2
—
—
—
43.0
Drug Enforcement
Administration
1,761.1
1,857.6
8.5
12.2
22.7
1,936.6
Bureau of Alcohol,
Tobacco, Firearms and
Explosives
984.1
1,007.6
4.0
4.0
4.0e
1,027.8
Federal Prison System
5,448.2
5,425.5
9.1f
187.1f
187.1f
5,533.9
Office of Violence Against
Women
382.6
400.0
—
—
—
280.0
Office of Justice Programs
2,528.5
2,282.0
—
—
590.0g
782.5
Justice assistance
238.3
196.2
—
—
—
134.6
CRS-10
FY2008 Supplemental
H.R. 2642
FY2007
FY2008
House-
Senate-
FY2009
Accounts
Enacteda
Enactedb
Request
passed
passed
Request
State and local law
enforcement
assistance
1,286.8
1,008.1c
—
—
590.0g
404.0
Weed and seed
program
49.4
32.1
—
—
—
—
Community oriented
policing services
541.8
587.2
—
—
—
—
Juvenile justice
338.4
383.5
—
—
—
185.0
programs
Public safety officers
benefits program
73.8
74.8
—
—
—
58.8
Total
23,210.4
$23,591.9
$185.8
$407.3 $1,130.6h
$23,088.9
Source: For the FY2007 and FY2008 Enacted columns, the House Appropriations Committee Print
on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161). For the FY2009 Request
column, the DOJ FY2009 Budget and Performance Summary.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations
Resolution, 2007 (P.L. 110-5), and the U.S. Troop Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28).
b. The FY2008 Enacted column does not reflect a DOJ budget reprogramming request for $240
million that has been submitted by the Administration to the House and Senate Committees on
Appropriations, and partially approved by the committees for $109 million.
c. The amount includes $100 million in emergency funding for the Presidential Nominating
Conventions.
d. The Administration requested $39.1 million in advanced FY2009 funding as part of the FY2008
supplemental appropriations request. Both the House-and Senate-passed FY2008 Iraq war
supplemental appropriations bills (H.R. 2642) include $82.6 million in advanced FY2009
funding.
e. In addition to the $5 million that would be provided directly to ATF, the Senate-passed H.R. 2642
includes another $15 million for ATF. See footnotes g and h.
f. For the Federal Prison System, the Administration requested $9.1 million in FY2008 supplemental
funding for counterterrorism purposes. In addition to this amount, both the House- and Senate-
passed versions of H.R. 2642 include an additional $178 million to meet FY2008 budget
shortfalls.
g. This amount includes $10 million for ATF.
h. The Senate-passed H.R. 2642 includes $5 million for ATF that is to be made available from foreign
aid to Mexico that would be provided pursuant to this bill.
General Administration. For General Administration, the FY2009 budget
request includes $321.3 million dollars, an increase of 24.7% over the $257.6 million
appropriation for FY2008. Examples of programs funded under this subaccount
include the Joint Automated Booking System and the Automated Biometric
Identification System. The latter is designed to integrate fingerprint identification
systems maintained by DOJ and Department of Homeland Security (DHS). Under
this subaccount, DOJ also continues to enhance its counterterrorism and intelligence
capabilities through the Law Enforcement Wireless Communications program
CRS-11
(LEWC, formerly known as Narrowband Communications), through which
nationwide integrated wireless networks are being developed and implemented to
support the federal law enforcement and homeland security missions of DOJ. In
addition, this account funds the Justice Information Sharing Technology (JIST)
program, which provides for investments in information technology to further
support the Department’s strategic goals.
Administrative Review and Appeals (ARA). ARA includes the Executive
Office of Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA).
The Attorney General is responsible for the review and adjudication of immigration
cases in coordination with the DHS’s efforts to secure the Nation’s borders. The
EOIR handles these matters. The OPA receives and reviews petitions for executive
clemency. For FY2008, Congress appropriated $240.7 million for ARA. The
President’s budget request includes $263.8 million for ARA funding in FY2009. The
requested amount exceeds FY2008 funding levels by $23.1 million, representing an
increase of 9.6%.
Federal Office of Detention Trustee (OFDT). The OFDT provides overall
management and oversight for federal detention services relating to federal prisoners
in non-federal institutions or otherwise in the custody of the U.S. Marshals Service.
The FY2009 budget request for OFDT is $1,295.3 million. This amount is $69.4
million more than the FY2008 appropriation of almost $1,225.9 million.
Office of the Inspector General (OIG). The OIG is responsible for
detecting and deterring waste, fraud, and abuse involving DOJ programs and
personnel; promoting economy and efficiency in DOJ operations; and investigating
allegations of departmental misconduct. The President’s FY2009 budget request
includes nearly $75.7 million for the OIG. This amount is $5.1 million greater than
the amount appropriated by Congress for FY2008 and would represent a 7.2%
increase in funding for FY2009.
Also, both the House- and Senate-passed FY2008 Iraq war supplemental
appropriations bills (H.R. 2642) include $4 million for the OIG to continue audit and
oversight activities related to the FBI’s use of National Security Letters and orders
for business records under section 215 of the PATRIOT Act.21
U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests for prisoners who are
serving felony sentences under federal and District of Columbia code violations. For
FY2009, the President’s budget request for the Parole Commission is just under
$12.6 million, or a 9.7% increase as compared with the FY2008 appropriation of
$11.5 million.
21 For House explanatory language, see Congressional Record, Daily Edition, vol. 154 (May
15, 2008), p. H4012. For Senate explanatory language, see Congressional Record, Daily
Edition, vol. 154 (May 19, 2008), p. S4302.
CRS-12
Legal Activities
The Legal Activities account includes several subaccounts: (1) general legal
activities, (2) U.S. Attorneys, (3) U.S. Marshals Service, and (4) other legal activities.
For FY2009, the President’s budget request for general legal activities includes
$3,835.9 million, or an increase of 7% and nearly $251.9 million more than the
enacted FY2008 funding level of $3,584.0 million for these activities.
General Legal Activities. The General Legal Activities account funds the
Solicitor General’s supervision of the department’s conduct in proceedings before the
Supreme Court. It also funds several departmental divisions (tax, criminal, civil,
environment and natural resources, legal counsel, civil rights, and antitrust). The
FY2009 budget request includes $804 million for general legal activities, $58.5
million more than the FY2008 enacted appropriation, or a proposed 7.8% increase
in funding.
For FY2008, the Administration requested $4.1 million in supplemental funding
for General Legal Activities. Both the House- and Senate-passed FY2008 Iraq war
supplemental appropriations bills (H.R. 2642) include nearly $1.7 million to provide
litigation support services for the Special Inspector General to investigate corruption
within Iraqi reconstruction efforts.22 House explanatory language stated that funding
was not provided to create Iraq and Afghanistan support units within General Legal
Activities and the Criminal Division, as these “worthy activities” should be funded
through the Department of Defense and the Department of State.23
Office of the U.S. Attorney. The U.S. Attorneys enforce federal laws
through prosecution of criminal cases and represent the federal government in civil
actions in all of the 94 federal judicial districts. For FY2009, the President’s budget
request would provide $1,831.3 million for the U.S. Attorneys Office, a 4.4%
increase over the prior year. For FY2008, the U.S. Attorneys’ appropriated budget
is almost $1,754.8 million.
Both the House- and Senate-passed FY2008 Iraq war supplemental
appropriations bills (H.R. 2642) include $5 million for the U.S. Attorneys for
extraordinary litigation expenses associated with terrorism-related prosecutions in the
United States — the same amount as requested by the Administration.24
U.S. Marshals Service (USMS). The USMS is responsible for the
protection of the federal judicial process, including protecting judges, attorneys,
witnesses, and jurors. In addition, USMS provides physical security in courthouses,
safeguards witnesses, transports prisoners from court proceedings, apprehends
fugitives, executes warrants and court orders, and seizes forfeited property. For
FY2008, the appropriation for the USMS is $866.5 million.
22 Ibid., p. H4013 and p. S4302.
23 Ibid., p. H4013.
24 Ibid., p. H4013 and p. S4303.
CRS-13
The President’s request for FY2009 proposed USMS funding of $933.1 million,
an increase of $66.6 million, or 7.7% over the FY2008 enacted level. Both the
House- and Senate-passed FY2008 Iraq war supplemental appropriations bills (H.R.
2642) include $18.6 million for the USMS to provide security at “high-threat”
terrorist trials (nearly $8 million), improve court witness security in Afghanistan
($3.7 million), and enforce the Adam Walsh Child Protection and Safety Act (nearly
$7 million).25 This amount is $3.7 million more than the amount requested by the
Administration, $14.9 million.26
Furthermore, the Senate-passed bill includes an additional $50 million for the
USMS to enforce the Adam Walsh Act to hire and equip at least 200 Deputy
Marshals and 25 support personnel for the next five years.27 According to Senate
language, this funding is necessary to establish a National Sex Offender Targeting
Center, improve information technology, and provide other infrastructure to leverage
efforts by Deputy Marshals to track down child predators.28
Other Legal Activities. For other legal activities — the Community
Relations Service, the U.S. Trustee Fund (which is responsible for maintaining the
integrity of the U.S. bankruptcy system by, among other things, prosecuting criminal
bankruptcy violations), and the Asset Forfeiture program — the President’s FY2009
budget request includes $270.1 million. This amount reflects an increase in funding
of $53 million, or a 24.4% increase over the FY2008 enacted level of $217.1 million.
National Security Division (NSD)
The NSD coordinates DOJ’s national security and terrorism missions through
law enforcement investigations and prosecutions. The NSD was established in DOJ
in response to the recommendations of the Commission on the Intelligence
Capabilities of the United States Regarding Weapons of Mass Destruction (WMD
Commission), and authorized by Congress on March 9, 2006, in the USA PATRIOT
Improvement and Reauthorization Act of 2005 (P.L. 109-177). Under the NSD, the
DOJ resources of the Office of Intelligence Policy and Review and the Criminal
Division’s Counterterrorism and Counterespionage Sections were consolidated to
coordinate all intelligence-related resources and ensure that criminal intelligence
information is shared, as appropriate.
For FY2009, the President’s budget request proposes NSD funding of $83.8
million. In FY2008, Congress appropriated nearly $73.4 million for NSD. The
proposed funding level for FY2009 reflects a 14.2% increase over FY2008 enacted
appropriations.
25 Ibid.
26 Ibid., p. S4303.
27 Ibid., p. S4213.
28 Ibid.
CRS-14
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF) program. Organized into nine regional task forces, this program
combines the expertise of federal agencies with the efforts of state and local law
enforcement to disrupt and dismantle major narcotics-trafficking and money-
laundering organizations. From DOJ, the federal agencies that participate in
OCDETF are the Drug Enforcement Administration; the Federal Bureau of
Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S.
Marshals Service; the Justice, Tax, and Criminal Divisions of DOJ; and the U.S.
Attorneys. From DHS, the U.S. Bureau of Immigration and Customs Enforcement
and the U.S. Coast Guard participate in OCDETF. In addition, the Internal Revenue
Service and Treasury Office of Enforcement also participate from the Department of
the Treasury. State and local law enforcement agencies participate in approximately
90% of all OCDETF investigations.29
For FY2009, the President’s request would provide almost $531.6 million for
OCDETF. The proposed FY2009 funding level would exceed the FY2008 OCDETF
enacted funding level of $497.9 million by 6.8%.
Federal Bureau of Investigation (FBI)
The FBI is the lead federal investigative agency charged with defending the
country against foreign terrorist and intelligence threats; enforcing federal laws; and
providing leadership and criminal justice services to federal, state, municipal, tribal,
and territorial law enforcement agencies and partners. Since the September 11, 2001,
terrorist attacks, the FBI has reorganized and reprioritized to focus more sharply on
preventing terrorism and related criminal activities.
For FY2009, the President’s request would provide $7,108.1 million for the
FBI, including $2,725.5 million for counterterrorism investigations, foreign
counterintelligence, and other national security activities, as well as construction
funding of nearly $43 million. The enacted FY2008 FBI budget included $6,657.7
million, of which $2,308.6 million has been provided for national security activities,
and $164.2 million for construction. Taken as a whole, the FY2009 budget request
would exceed the FBI’s FY2008 funding level by $450.4 million, an overall funding
increase of 6.8%.
For the global war on terror and the FBI, the Administration requested $140.2
million in FY2008 supplemental funding. The House- and Senate-passed FY2008
Iraq war supplemental appropriations bills (H.R. 2642) include additional funding for
the FBI, but in differing amounts. The House bill includes $92.2 million for
29 U.S. Department of Justice, Interagency Law Enforcement, FY2009 Interagency Crime
and Drug Enforcement Congressional Submission, February 2008, p. 9.
CRS-15
counterterrorism operations in Iraq and Afghanistan.30 The Senate bill includes $165
million for the FBI, including $140 million for counterterrorism operations generally,
$20 million for forensics backlog reduction, and $5 million for fraud investigations.31
In addition, both the House- and Senate-passed bills include $82.6 million in “bridge
funding” to maintain FBI operations for the first six months of FY2009, in the event
that final appropriations may not be enacted before the end of this fiscal year.32
Drug Enforcement Administration (DEA)
The DEA is the lead federal agency tasked with reducing the illicit supply and
abuse of narcotics and drugs through drug interdiction and seizing of illicit revenues
and assets from drug trafficking organizations. According to DEA, the agency’s
efforts to reduce the illicit drug supply has contributed to a 23% drop in national drug
use over the past five years.33 By 2009, one of DEA’s goals is to recover $3 billion
in ill-gotten proceeds annually from international drug trafficking networks operating
in the United States. In congressional testimony on April 19, 2007, DEA noted that
it continues to face evolving challenges in limiting the supply of illicit drugs, such
as the illicit use of pharmaceutical drugs available through the Internet, and
enforcement along the Southwest border with Mexico, where DEA estimates that
85% of illicit drugs are smuggled into the United States.34
For FY2009, the President’s budget request includes almost $1,936.6 million
in funding for DEA. This amount would exceed the enacted FY2008 funding level
of $1,857.6 million by $79 million and would reflect a 4.3% funding increase.
For FY2008, meanwhile, the Administration has requested $8.5 million in
supplemental funding for the DEA.35 The House-passed Iraq supplemental
appropriations bill (H.R. 2642) would provide $12.2 million,36 while the Senate-
passed bill (also H.R. 2642) would provide $22.7 million.37 Both bills would support
DEA’s efforts to advance a narco-terrorism initiative known as “Operation
Breakthrough” and conduct financial investigations, but the Senate bill would
provide additional funding for certain intelligence programs that support the Afghan
government’s counternarcotics efforts.38
30 Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4013.
31 Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4303.
32 Ibid., p. H4013 and p. S4303.
33 Statement of Karen Tandy, Administrator, Drug Enforcement Agency, Hearing before the
Senate Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and
Related Agencies, Drug Threats and Enforcement Challenges, April 19, 2007.
34 Ibid.
35 Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4303.
36 Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4013.
37 Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4303.
38 Ibid.
CRS-16
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)39
The ATF enforces federal criminal law related to the manufacture, importation,
and distribution of alcohol, tobacco, firearms, and explosives. ATF works both
independently and through partnerships with industry groups, international, state and
local governments, and other federal agencies to investigate and reduce crime
involving firearms and explosives, acts of arson, and illegal trafficking of alcohol and
tobacco products.
For FY2009, the President’s request includes nearly $1,027.8 million for ATF.
Compared with FY2008 congressional appropriations of $1,007.6 million, the
President’s request would provide a funding increase of $20.2 million, or 2% more
than FY2008 levels.
For the global war on terror, the Administration requested $4 million for ATF
operations in Iraq and Afghanistan. Both the House- and Senate-passed Iraq war
supplemental appropriations bills (H.R. 2642) include $4 million for this purpose,40
but the Senate bill includes another $15 million to bolster an ATF initiative known
as “Project Gunrunner,” which has been launched to suppress illegal gun trafficking
from the United States to Mexico.41
Federal Prison System (Bureau of Prisons)
The Bureau of Prisons (BOP) maintains federal penal institutions nationwide
and contracts with state, local, and private facilities for additional detention space.
BOP projects that in 2008 there will be 207,020 inmates in the federal prison system
population, and BOP estimates that this population will grow to approximately
213,220 by the end of 2009.42 Of the total number of federal inmates, over 167,000
are in facilities operated by BOP, while the remaining 17% are in contract care at
privately operated secure facilities, residential reentry centers, or serving a sentence
of home confinement. BOP estimates that its facilities were operating at 39% above
capacity, as of January 29, 2008, and it estimates that by 2009, the facilities will be
operating at 42% above capacity.43
The President’s FY2009 budget request proposes BOP funding of almost
$5,533.9 million, of which $95.8 million would be provided for acquisition of sites
and construction of facilities. This amount would exceed total enacted FY2008
39 For further information, see CRS Report RL34514, The Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF): Budget and Operations, by William J. Krouse.
40 For House explanatory language, see Congressional Record, Daily Edition, vol. 154 (May
15, 2008), p. H4012. For Senate explanatory language, see Congressional Record, Daily
Edition, vol. 154 (May 19, 2008), p. S4302.
41 Ibid., p. S4313 and S4382.
42 U.S. Department of Justice, Federal Bureau of Prisons, FY2009 Congressional Budget
Submission, p. 2.
43 Ibid., pp. 2-3.
CRS-17
appropriations of $5,425.5 million by over $108.4 million, reflecting a 2% increase
in funding.
As requested by the Administration, the House- and Senate-passed FY2008 Iraq
war supplemental appropriations bills (H.R. 2642) include $9.1 million for the BOP
to monitor the communications of incarcerated terrorists, collect intelligence, and
disseminate relevant intelligence to other law enforcement agencies.44 Both bills also
include an additional $178 million for BOP to cover FY2008 budget shortfalls and
provide for costs related to the care and custody of inmates and the maintenance and
operation of correctional and penal facilities.45
Office on Violence Against Women
The Office on Violence Against Women (OVW) was created to administer
programs created under the Violence Against Women Act (VAWA) of 1994 and
subsequent legislation. These programs provide financial and technical assistance
to communities around the country to facilitate the creation of programs, policies,
and practices designed to improve criminal justice responses related to domestic
violence, dating violence, sexual assault, and stalking.
The President’s FY2009 budget request would provide $280 million for OVW,
a reduction of $120 million, or a 30% decrease in funding compared with FY2008
funding of $400 million (see Table 2). Under the President’s FY2009 proposal,
OVW’s current formula and discretionary grant programs would be consolidated into
a single grant program, the Prevention and Prosecution of Violence Against Women
and Related Victim Services Program.
Grants under the proposed consolidated program would be awarded on a
competitive basis to state, local, and tribal governments. Funding would support
efforts to develop and implement effective, coordinated prevention and prosecution
of domestic violence, dating violence, and sexual assault and stalking, and to support
related victims services. According to the President’s FY2009 proposal, the
consolidated grant awards would be “designed to forge state, local and tribal
partnerships among police, prosecutors, the judiciary, victim advocates, health care
providers, faith leaders, and others to help provide victims with protection and
needed services, while enabling communities to hold offenders accountable.”46
44 Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4013. For Senate
explanatory language, see Congressional Record, Daily Edition, vol. 154 (May 19, 2008),
p. S4303.
45 Ibid., p. H4029, and ibid., p. S4313.
46 U.S. Executive Office of the President, Office of Management and Budget, Budget for
Fiscal Year 2009, Appendix, p. 728.
CRS-18
Table 2. Funding for Office on Violence Against Women
(budget authority in thousands of dollars)
FY2007
FY2008
FY2009
Accounts
Enacted
Enacted
Request
STOP Grants
185,403
183,800
—
National Institute of Justice Earmark - Research
& Development
—
1,880
—
Transitional Housing Assistance
—
17,390
—
Grants to Encourage Arrest Policies
62,433
59,220
—
Rural Domestic Violence Assistance Grants
38,768
40,420
—
Violence on College Campuses
8,962
9,400
—
Civil Legal Assistance
38,821
36,600
—
Sexual Assault Victims Services
—
9,400
—
Elder Abuse Grant Program
4,494
4,230
—
Safe Havens Project
13,753
13,630
—
Education and Training for Disabled Female Victims
7,082
6,580
—
Court-Appointed Special Advocates (CASA)
11,776
13,160
—
Training for Judicial Personnel
2,264
2,350
—
Stalking Database
2,932
2,820
—
Court Training and Improvements
—
2,820
—
Services for Children/Youth Exposed to Violence
—
2,820
—
Advocates for Youth/Services for Youth Victims
—
2,820
—
National Tribal Sex Offender Registry
—
940
—
Research on Violence Against Indian Women
—
940
—
Closed Circuit Television Grants
976
940
—
Engaging Men and Youth in Prevention
—
2,820
—
Training Programs to Assist Probation and Parole
4,907
3,290
—
Officers
National Resource Center on Workplace Responses
940
—
Prevention and Prosecution of Violence Against
Women and Related Victim Services Program
—
—
280,000
Total: VAWA
$382,571
$400,000
$280,000
Source: For the FY2007 and FY2008 Enacted columns, the House Appropriations Committee Print
on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161). For the FY2009 Request
column, the DOJ FY2009 Budget and Performance Summary.
Note: Amounts may not total due to rounding.
CRS-19
Office of Justice Programs
The Office of Justice Programs (OJP) manages and coordinates the National
Institute of Justice, Bureau of Justice Statistics, Office of Juvenile Justice and
Delinquency Prevention, Office of Victims of Crimes, Bureau of Justice Assistance,
and related grant programs. For OJP, the Administration’s FY2009 budget request
includes $782.5 million, or nearly $1,499.5 million less than the FY2008
appropriation of $2,282.0 million.
Justice Assistance. While the Administration’s FY2009 request does not
include a proposal to modify the Justice Assistance account, it includes $134.6
million for this account, or 31.4% less than what was appropriated in FY2008. The
FY2009 request includes funding for the following programs:
! $34.7 million for National Institute of Justice (NIJ),
! $53 million for the Bureau of Justice Statistics (BJS),
! $34.2 million for the Regional Information Sharing System (RISS),
and
! $12.7 million for support services and administrative expenses for
the Office of Victims of Crime.
By comparison, the enacted FY2008 appropriation for Justice Assistance is
$196.2 million. Some of the programs funded under that amount include
! $37 million for NIJ,
! $34.8 million for BJS,
! $40 million for RISS,
! $50 million for missing children programs, and
! $11.3 million to support state and local law enforcement agencies in
the prevention, investigation and prosecution of Internet, high-tech,
and economic crimes.47
State and Local Law Enforcement Assistance. The Administration has
requested $404 million for the State and Local Law Enforcement Assistance account
for FY2009 (see Table 3). In addition, the Administration has proposed collapsing
16 State and Local Law Enforcement Assistance grant programs, 14 COPS grant
programs (described below), along with the Weed and Seed program (also described
below), into three competitive grant programs. Under this proposal, the FY2009
request includes
! $200 million for a Violent Crime Reduction Partnership Initiative to
assist communities experiencing high rates of violent crime — with
an emphasis on reducing drug trafficking and gang activity — by
providing resources for forming and participating in multi-
jurisdictional task forces that would include members of federal,
state, and local law enforcement;
47 Congressional Record, Daily Edition, vol. 153 (December 17, 2007), p. H15800.
CRS-20
! $200 million for a Byrne Public Safety and Protection Program to
assist and allow state, municipal, local, tribal, and territorial
governments with developing programs that address the particular
needs of their jurisdiction; and
! $4 million for community policing training and technical assistance
for state, municipal, local, tribal and territorial governments and
other public and private entities to advance community policing,
expand cooperation between law enforcement agencies and
community members, and enhance public safety.
By comparison, the FY2009 budget request of $404 million for the State and
Local Law Enforcement Assistance grants program is $604.1 million less than the
$1,008.1 million Congress appropriated for this program for FY2008 (see Table 3).
Table 3. Funding for State and Local Law
Enforcement Assistance
(budget authority in thousands of dollars)
FY2007
FY2008
FY2009
Accounts
Enacted
Enacted
Request
Edward Byrne Justice Assistance Grant (JAG)
519,852
170,433
—
State and Local Law Enforcement Intelligence
—
2,000
—
NIJ for Law Enforcement Technology
19,754
2,000
—
State Criminal Alien Assistance Program
399,828
410,000
—
Indian Assistance
21,719
22,440
—
Tribal Prison Construction Program
8,885
8,630
—
Indian Tribal Courts Program
7,898
8,630
—
Alcohol and Substance Abuse
4,936
5,180
—
Edward Byrne Discretionary Grant Program
239,256
187,513
—
Edward Byrne Competitive Grant Program
—
16,000
—
Victims of Trafficking Grants
9,872
9,400
—
State Prison Drug Treatment
9,872
9,400
—
Drug Courts
9,872
15,200
—
Southwest Border Prosecution Initiative
29,617
30,080
—
Northwest Border Prosecution Initiative
—
2,820
—
Prescription Drug Monitoring
7,404
7,050
—
Prison Rape Prosecution and Prevention
17,934
17,860
—
Intelligence State and Local Training
9,872
—
Missing Alzheimer’s Patients Program
839
940
—
Capital Litigation Grant Program
987
2,500
—
Cannabis Eradication
4,936
—
—
Mentally-Ill Offender Act Program
4,936
6,500
—
CRS-21
FY2007
FY2008
FY2009
Accounts
Enacted
Enacted
Request
Presidential Nominating Conventions Emergency
—
Appropriation
100,000
—
Violent Crime Reduction Partnership
—
—
200,000
Byrne Public Safety and Protection
—
—
200,000
Community Policing Training and Technical
—
—
4,000
Assistance
Total: State and Local Law Enforcement
Assistance
$1,286,796
$1,008,136
$404,000
Source: For the FY2007 and FY2008 Enacted columns, the House Appropriations Committee Print
on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161). For the FY2009 Request
column, the DOJ FY2009 Budget and Performance Summary.
Note: Amounts may not total due to rounding.
In addition, the Senate-passed FY2008 Iraq war supplemental appropriation bill
(H.R. 2642) includes $590 million in state and local law enforcement assistance.48
Of this amount, $490 million is for the Edward Byrne Memorial Justice Assistance
Grant program.49 This amount also includes $90 million for a competitive grant
program to assist and equip state and local law enforcement officers along the
Southwest border or in High-Intensity Drug Trafficking Areas, and $10 million for
the ATF to continue “Project Gunrunner” — an initiative to suppress illegal gun
trafficking from the United States to Mexico.50
Weed and Seed Program. The Weed and Seed program is designed to
provide grants to help communities build stronger, safer neighborhoods by
implementing local-level approaches to solve and prevent crimes. The program
provides assistance for community-based strategies of “weeding and seeding”
activities, based on the premise that leaders from neighborhood and community
organizations, including faith-based organizations, law enforcement, and private
enterprise, must be involved in leveraging resources to solve community problems
at the local level. Site funding generally provides resources for “weeding” activities,
which include joint law enforcement operations and community policing, and
“seeding” activities, which range from prevention activities, including physically
improving the neighborhood and economic development. The enacted FY2008 level
of funding for the Weed and Seed program is $32.1 million. The Administration did
not request any funding for the Weed and Seed program for FY2009. Instead, the
Administration’s grant consolidation proposal would incorporate the Weed and Seed
program into the proposed Byrne Public Safety and Protection program (described
above).
48 Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4313.
49 Ibid.
50 Ibid.
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Community Oriented Policing Services. For FY2009, the
Administration’s budget request does not include specific funding for a number of
COPS programs and initiatives. Instead, the Administration proposes consolidating
COPS grant programs under the proposed $4 million “competitive” community
policing training and technical assistance program (described above). By
comparison, for FY2008 Congress enacted $587.2 million in appropriations for
COPS programs. Table 4 provides the enacted appropriation allocations.
Table 4. Funding for the COPS Program
(budget authority in thousands of dollars)
FY2007
FY2008
FY2009
Accounts
Enacted
Enacted
Request
COPS Hiring Program
—
20,000
—
Training and Technical Assistance
9,546
3,760
—
Tribal Law Enforcement Programs
15,808
15,040
—
Methamphetamine Enforcement and Clean-up
70,000
61,187
—
Bullet-proof Vest Program
29,617
25,850
—
Law Enforcement Technology Program
166,145
205,366
—
Crime Identification Technology Programs
28,408
—
—
National Criminal History Improvement Program
9,872
9,400
—
DNA Initiative
112,145
—
DNA Forensic Programs
—
152,272
—
Debbie Smith DNA Backlog Grant Program
—
147,391
—
Kirk Bloodsworth DNA Post-Conviction Testing
—
4,881
—
Coverdell Forensic Science
18,264
18,800
—
Project Safe Neighborhoods
20,613
—
Offender Re-entry Program
14,879
11,750
—
Anti-gang Program
45,000
—
Anti-gang and Gun Violence Program
—
20,000
—
Child Sexual Predator Program
—
15,608
—
Sex Offender Management Assistance
—
4,162
—
National Sex Offender Public Registry
—
850
—
Management and Administration
1,541
28,200
—
Total: Community Oriented Policing
$541,838
$587,233
—
Source: For the FY2007 and FY2008 Enacted columns, the House Appropriations Committee Print
on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161). For the FY2009 Request
column, the DOJ FY2009 Budget and Performance Summary.
Note: Amounts may not total due to rounding.
Juvenile Justice Programs. The Administration’s FY2009 budget includes
$185 million for Juvenile Justice programs in FY2009, or 51.8% less than what was
CRS-23
appropriated in FY2008 (see Table 5). The Administration’s grant consolidation
proposal would collapse the seven existing juvenile justice programs into a single
“competitive” Child Safety and Juvenile Justice grant program, which would be
awarded to state and local governments on a competitive basis. According to the
Administration, the proposed grant program would allow state and local governments
to develop juvenile justice or child safety programs that address local needs,
including reducing incidents of child exploitation and abuse, improving juvenile
justice outcomes, and addressing school safety needs.
Table 5 also provides the enacted FY2008 funding level for Juvenile Justice
programs of $383.5 million, as allocated by program.
Table 5. Funding for Juvenile Justice Programs
(budget authority in thousands of dollars)
FY2007
FY2008
FY2009
Accounts
Enacted
Enacted
Request
Part A - Coordinate Federal Efforts
703
658
—
Part B - Formula Grants
78,978
74,260
—
Part E - Demonstration Projects
104,674
93,835
—
Title V - Incentive Grants
64,171
61,100
—
Tribal Youth Program
9,872
14,100
—
Gang Prevention Program
24,680
18,800
—
Enforcing Underage Drinking Laws
24,680
25,000
—
Secure Our Schools Act
14,808
15,040
—
Juvenile Accountability Block Grant
49,361
51,700
—
Project ChildSafe
987
—
—
Juvenile Mentoring Programs
9,872
70,000
—
Victims of Child Abuse Act Programs
14,808
16,920
—
Child Safety and Juvenile Justice Grants
—
—
185,000
Total: Juvenile Justice Programs
$338,362
$383,513
$185,000
Source: For the FY2007 and FY2008 Enacted columns, the House Appropriations Committee Print
on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161). For the FY2009 Request
column, the DOJ FY2009 Budget and Performance Summary.
Note: Amounts may not total due to rounding.
Public Safety Officers Benefits Program.51 The Public Safety Officers’
Benefits (PSOB) program provides three different types of benefits to public safety
officers or their survivors: a death, a disability, and an education benefit. The PSOB
program is intended to assist in the recruitment and retention of law enforcement
officers, firefighters, and first responders and to offer peace of mind to men and
51 For further information, see CRS Report RL34413, Public Safety Officers’ Benefits
(PSOB) Program, by Nathan James.
CRS-24
women who choose careers in public safety. For FY2008, Congress appropriated
$74.8 million for the PSOB program.52 For FY2009, the Administration has
requested $58.8 million for the PSOB program, which is 21.4% less than what was
appropriated for FY2008.
Related Legislation
Listed below are three enacted laws and other bills that have received
congressional action that include provisions that would increase DOJ activities and
responsibilities, as well as authorize appropriations for these purposes.
P.L. 110-180; H.R. 2640 (McCarthy)
NICS Improvement Amendment Act 2007. H.R. 2640 was introduced by
Representative Carolyn McCarthy and co-sponsored by Representative John Dingell.
As passed by the House, by a voice vote, on June 13, 2007, H.R. 2640 reportedly
reflected a compromise between groups favoring and opposing greater gun control.53
The Senate Judiciary Committee approved similar, but not identical, NICS
improvement amendments as part of the School Safety and Law Enforcement
Improvement Act of 2004 on August 2, 2007, and reported this bill on September 21,
2007 (S. 2084; S.Rept. 110-183). Following lengthy negotiations, the Senate
amended and passed the NICS Improvement Amendments Act of 2007 (H.R. 2640),
as did the House, on December 19, 2007, clearing that bill for the President’s
signature. President Bush signed this bill into law on January 8, 2008 (P.L. 110-180).
P.L. 110-180 strengthens the Brady Handgun Violence Prevention Act (P.L.
103-159), which requires federal agencies to provide, and the Attorney General to
secure, any government records with information relevant to determining the
eligibility of a person to receive a firearm. As a condition of federal assistance, P.L.
110-180 requires states to make available to the Attorney General certain records that
disqualify persons from acquiring a firearm for inclusion in NICS, particularly those
records related to convictions for misdemeanor crimes of domestic violence and
persons adjudicated as mentally defective.54 P.L. 110-180 also requires states, as a
condition of federal assistance, as well as federal agencies like the Department of
52 U.S. Department of Justice, FY2009 Budget and Performance Summary, Part III:
Department of Justice Request Information by Appropriation, Office of Justice Programs
(OJP) and Community Oriented Policing Services (COPS), available online at
[http://www.usdoj.gov/jmd/2009summary/], accessed February 8, 2008.
53 Jonathan Weisman, “Democrats, NRA Reach Deal on Background-Check Bill,”
Washington Post, June 10, 2007, p. A02.
54 Under 27 CFR 478.11, the term “adjudicated as mental defective” includes a
determination by a court, board, commission, or other lawful authority that a person, as a
result of marked subnormal intelligence, or mental illness, incompetency, condition, or
disease (1) is a danger to himself or others or (2) lacks the mental capacity to manage his
own affairs. The term also includes (1) a finding of insanity by a court in a criminal case
and (2) those persons found incompetent to stand trial or found not guilty by reason of lack
of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military
Justice, 10 U.S.C. 850a, 876(b).
CRS-25
Veterans Affairs (VA), to establish administrative relief procedures under which a
person who has been adjudicated mentally defective could apply to have his firearms
possession and transfer eligibility restored.55 In addition, P.L. 110-180 includes two
authorizations to increase appropriations for federal assistance for improving access
to disqualifying records by $1,312.5 million over five years, including $187.5 million
for FY2009.
P.L. 110-177; H.R. 660 (Conyers)/S. 378 (Leahy)
Court Security Improvement Act of 2007. Amends current law to strengthen
and improve judicial security through measures that (1) authorize increased
appropriated funding for the U.S. Marshals Service to provide increased judicial
security; (2) amend the criminal code to provide greater protection for judges, their
family members, and witnesses; and (3) authorize appropriations to provide grants
to states for the protection for judges and witnesses. On January 7, 2008, the bill was
signed into law (P.L. 110-177).
P.L. 110-199; H.R. 1593 (Davis)/S. 1060 (Biden)
Second Chance Act of 2007. Amends current law to reauthorize the adult and
juvenile state and local reentry demonstration projects; provides for improvements
in the offender residential substance abuse treatment for state offenders; establishes
state and local reentry courts; establishes grants for state and local prosecutors to
develop, implement, or expand qualified drug treatment program alternatives to
imprisonment; and provides grants for the establishment of family substance abuse
treatment alternatives to incarceration. H.R. 1593 was passed by the House on
November 13, 2007. The Senate passed the bill without amendment on March 11,
2008. On April 9, 2008, the bill was signed into law (P.L. 110-199).
H.R. 1592 (Conyers)/S. 1105 (Kennedy)
Local Law Enforcement Hate Crimes Prevention Act of 2007. These bills
would authorize grants for state, local, and tribal law enforcement for extraordinary
expenses of investigating hate crimes. Provides technical, forensic, prosecutorial,
and other forms of assistance to local law enforcement agencies for investigating and
prosecuting hate crimes. Following hearings on the bill on April 17, 2007, the bill
was reported by the House Judiciary Committee on April 30, 2007, and passed by the
House on May 3, 2007. Language similar to S. 1105 was amended to the FY2008
Defense Authorization Act (H.R. 1585). The Senate passed this bill on October 1,
2007, but the hate crime provisions were not included in the H.R. 1585 conference
agreement.
H.R. 1700 (Weiner)/S. 368 (Biden)
COPS Improvements Act of 2007. H.R. 1700 would amend current law to
expand the scope of COPS grant programs, change the COPS program into a multi-
grant program instead of a single-grant program, and authorize additional funding for
COPS. H.R. 1700, as amended by the House Judiciary Committee, was reported on
55 Federal law authorizes the Attorney General to consider applications from prohibited
persons for relief from disqualification (18 U.S.C. §925(c)). Since FY1993, however,
Congress has attached an appropriations rider on the ATF salaries and expenses account that
prohibits the expenditure of any funding under that account to process such applications.
CRS-26
May 2, 2007, and passed by the House on May 15, 2007. S. 368 was referred to the
Senate Judiciary Committee and reported out of the committee without amendment
on May 24, 2007.
H.R. 1759 (Bono)
Managing Arson Through Criminal History (MATCH) Act of 2007. H.R. 1759
would establish guidelines and incentives for states to establish arsonist registries and
to require the Attorney General to establish a national arsonist registry and
notification program. After a hearing on H.R. 1759 on October 6, 2007, the bill was
marked up by the Subcommittee on Crime, Terrorism, and Homeland Security, and
reported by the House Judiciary Committee on December 4, 2007. The bill was
passed by the House on December 5, 2007 by voice vote. The bill has been referred
to the Senate Committee on Judiciary.
H.R. 3546 (Johnson)/S. 231 (Feinstein)
Both bills would extend authorized appropriations for the Edward Byrne
Memorial Justice Assistance Grant (JAG) program until FY2012. The bill would
authorize $1,095 million for each fiscal year through FY2012. H.R. 3546 was
introduced on September 17, 2007, and it was referred to the House Judiciary
Committee. The House Subcommittee on Crime, Terrorism, and Homeland Security
marked H.R. 3546 up on May 20, 2008. S. 231 was introduced on January 7, 2007,
and it was referred to the Senate Judiciary Committee. The Senate bill was reported
by the Judiciary Committee on May 23, 2008, and passed the Senate on May 24,
2008.
H.R. 3887 (Lantos)
William Wilberforce Trafficking Victims Protection Reauthorization Act of
2007. H.R. 3887 would continue and reinforce anti-trafficking provisions of the
Trafficking Victims Protection Act of 2000. Among other things, DOJ-related
provisions in H.R. 3887 would (1) require the Attorney General to continue reporting
annually on activities by the Department of Defense to combat trafficking in persons,
and certain issues concerning forced labor, and (2) direct the Attorney General to
expand the responsibilities of the DOJ-lead Innocence Lost Task Forces to
incorporate situations involving adults that are sexually exploited. In addition, the
bill would authorize appropriations for (1) the Secretary of Health and Human
Services and the Attorney General to assist victims of trafficking, (2) the FBI to
increase human trafficking investigations, and (3) anti-trafficking training for law
enforcement, prosecutors, and the judiciary. H.R. 3887 was introduced on October
17, 2007. It was amended and reported (H.Rept. 110-430) by the House Committee
on Foreign Relations on November 6, 2007, and discharged by the House Committee
on the Judiciary on November 20, 2007. The bill passed the House on December 4,
2007.
S. 456 (Feinstein)
Gang Abatement and Prevention Act of 2007. S. 456 would amends current law
to create new criminal penalties for gang-related crimes, authorize grants for gang
prevention activities, as well as for federal, state, and local law enforcement
cooperation in fighting gangs, and for hiring 94 assistant U.S. Attorneys to be
deployed in “high intensity interstate gang activity” areas. S. 456, was passed by the
Senate on September 21, 2007.
CRS-27
Related CRS Products
CRS Report RL34514, The Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF): Budget and Operations, by William J. Krouse.
CRS Report RL33308, Community Oriented Policing Services (COPS): Background,
Legislation, and Issues Community Oriented Policing Services (COPS)
Program, by Nathan James.
CRS Report RS22416, Edward Byrne Memorial Justice Assistance Grant Program:
Legislative and Funding History, by Nathan James.
CRS Report RL32824, Federal Crime Control: Background, Legislation and Issues,
by Lisa M. Seghetti.
CRS Report RL32842, Gun Control Legislation, by William J. Krouse.
CRS Report RS22458, Gun Control: Statutory Disclosure Limitations on ATF
Firearms Trace Data and Multiple Handgun Sales Reports, by William J.
Krouse.
CRS Report RL33403, Hate Crime Legislation in the 109th Congress, by William J.
Krouse.
CRS Report RL33033, Intelligence Reform at the Federal Bureau of Investigation:
Issues and Options for Congress, by Alfred Cumming and Todd Masse.
CRS Report RS22070, Juvenile Justice: Overview of Legislative History and
Funding Trends, by Blas Nuñez-Neto.
CRS Report RS22655, Juvenile Justice Funding Trends, by Blas Nuñez-Neto.
CRS Report RL33947, Juvenile Justice: Legislative History and Current Legislative
Issues, by Blas Nuñez-Neto.
CRS Report RL34050, Missing and Exploited Children: Background and Polices
and Issues, by Adrienne Fernandes.
CRS Report RL34287, Offender Reentry: Correctional Statistics, Reintegration into
the Community and Recidivism, by Blas Nuñez-Neto.
CRS Report RL32800, Sex Offender Registration and Community Notification Law:
Enforcement and Other Issues, by Garrine P. Laney.
CRS Report RL33011, Terrorist Screening and Brady Background Checks for
Firearms, by William J. Krouse.
CRS Report RL32579, Victims of Crime Compensation and Assistance: Background
and Funding, by Celinda Franco.
CRS-28
CRS Report RL30871, Violence Against Women Act: History and Federal Funding,
by Garrine P. Laney.
CRS Report RL33400, Youth Gangs: Background, Legislation and Issues, by
Celinda Franco.