The Department of Justice (DOJ) was established in 1870 with the Attorney General as its leader. Since its creation, DOJ has added additional agencies, offices, boards, and divisions to its organizational structure. DOJ, along with the judicial branch, operates the federal criminal justice system. The department enforces federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws. Through agencies such as the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), it investigates terrorism, organized and violent crime, illegal drugs, and gun and explosives violations, among others. Through the U.S. Marshals Service (USMS), it protects the federal judiciary, apprehends fugitives, and oversees the detention of alleged offenders who are not granted pretrial release. DOJ prosecutes individuals accused of violating federal laws, and it represents the U.S. government in court. DOJ's Bureau of Prisons (BOP) houses individuals accused or convicted of federal crimes. In addition to its role in administering the federal criminal justice system, the department also provides grants and training to state, local, and tribal law enforcement agencies and judicial and correctional systems.
The Consolidated Appropriations Act, 2017 (P.L. 115-31) appropriated $28.962 billion for DOJ. The act provided $2.713 billion for the U.S. Marshals, $9.006 billion for the FBI, $2.103 billion for the DEA, $1.259 billion for the ATF, and $7.142 billion for the BOP. The remaining funding (approximately $6.739 billion) was for DOJ's other offices, such as the U.S. Attorneys offices, the Executive Office for Immigration Review, and the Attorney General's office.
The Trump Administration requests $28.205 billion for DOJ for FY2018. This amount is 2.6% less than the FY2017-enacted appropriation. The Administration proposes reductions for several DOJ accounts, including a $232 million (-2.6%) reduction for the FBI, a $340 million (-26.6%) reduction for State and Local Law Enforcement Assistance, and a $21 million (-8.3%) reduction for Juvenile Justice Programs. While the Administration's FY2018 budget request includes several reductions for DOJ accounts, it also includes several increases, including an additional $22 million (1.1%) for the Office of the United States Attorneys, an $82 million (5.6%) increase for the USMS's Federal Prisoner Detention account, a $76 million (1.1%) increase for BOP's Salaries and Expenses account, and a $61 million (2.9%) increase for the DEA.
The House-passed bill (H.R. 3354) includes $29.310 billion for DOJ, which is 1.2% greater than the FY2017-enacted appropriation and 3.5% greater than the Administration's request. The committee would provide increases for the USMS (+3.2%), DEA (+2.6%), ATF (+2.8%), BOP (+0.4%), and the Office of the U.S. Attorneys (+1.1%). The House-passed bill would reduce funding for the FBI (-1.6%), but this is due to a proposed cut in funding for the FBI's Construction account.
The Senate committee-reported bill (S. 1662) includes $29.068 billion for DOJ, which is 0.4% greater than the FY2017-enacted appropriation and 2.6% greater than the Administration's request. The committee-reported bill includes increases for the USMS (+4.0%), DEA (+0.6%), ATF (+1.2%), and the Office of the U.S. Attorneys (+1.1%). The committee recommends reduced funding for the FBI (-0.2%), but this is due to a proposed reduction in the FBI's Construction account. The committee would essentially flat-fund BOP (the recommended increase is less than 0.1%).
The Continuing Appropriations Act, 2018, and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (P.L. 115-56), funds DOJ at the rate provided in P.L. 115-31, minus a 0.6791% rescission, until December 8, 2017, or until DOJ's FY2018 appropriations are enacted.
The mission of the Department of Justice (DOJ) is to "enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."1
DOJ was established in 1870 with the Attorney General as its leader. Since its creation, DOJ has added additional agencies, components, offices, boards, and divisions to its organizational structure. DOJ, along with the judicial branch, operates the federal criminal justice system. The department enforces federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws. Through agencies such as the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), it investigates terrorism, organized and violent crime, illegal drugs, and gun and explosives violations, among others. Through the U.S. Marshals Service (USMS), it protects the federal judiciary, apprehends fugitives, and detains alleged offenders who are not granted pretrial release. DOJ investigates and prosecutes individuals accused of violating federal laws, and it represents the U.S. government in court. DOJ's Bureau of Prisons (BOP) houses individuals accused and convicted of federal crimes. In addition to its role in administering the federal criminal justice system, the department also provides grants and training to state, local, and tribal law enforcement agencies and judicial and correctional systems.
Congress appropriates funding for each of DOJ's accounts as a part of the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations legislation.2
Accounts under the General Administration heading provide funds for salaries and expenses for the Attorney General's office, the Inspector General's office, and other programs designed to ensure that the efforts of DOJ agencies, offices, boards, and divisions are coordinated.
The Salaries and Expenses account supports the Attorney General and senior DOJ leadership as they manage DOJ's resources and formulate policies for legal, law enforcement, and criminal justice activities.
The Justice Information Sharing Technology account provides funding for DOJ's information technology programs.
In FY2017, Congress changed the title of the Administrative Review and Appeals account to the Executive Office for Immigration Review (EOIR) account. Funding for the Pardon Attorney, which was previously part of the Administrative Review and Appeals account, was moved to the General Legal Activities account.
The EOIR is responsible for the review and adjudication of immigration cases, in coordination with the Department of Homeland Security (DHS).
The OIG account supports efforts to detect and deter waste, fraud, and abuse involving DOJ programs and personnel; promote economy and efficiency in DOJ operations; and investigate allegations of departmental misconduct.
The U.S. Parole Commission account supports the commission's mission to adjudicate parole requests for prisoners who are serving felony sentences for federal and District of Columbia code violations. The commission also sets the conditions of release for offenders under its jurisdiction and makes determinations about whether to return parolees who have violated the terms of their release to prison.
The Legal Activities account includes several subaccounts: General Legal Activities, U.S. Attorneys, the Antitrust Division, the Vaccine Injury Compensation Trust Fund, the U.S. Trustee System Fund, the Foreign Claims Settlement Commission, Fees and Expenses of Witnesses, and the Community Relations Service.
These subaccounts support a wide array of activities. For example, the General Legal Activities subaccount funds the Office of the Solicitor General to supervise and conduct government litigation in proceedings before the Supreme Court. It also funds several departmental divisions (tax, criminal, civil, environment and natural resources, legal counsel, civil rights, INTERPOL,3 and dispute resolution).
Via this account, Congress also establishes a limit on how much can be spent from the Assets Forfeiture Fund to cover certain authorized expenses.
The USMS account supports the protection of the federal judicial process, including protecting judges, attorneys, witnesses, and jurors. In addition, the USMS provides physical security in courthouses, transports prisoners to and from court proceedings, apprehends fugitives, executes warrants and court orders, oversees the detention of alleged offenders pretrial, and seizes forfeited property.4
The NSD account supports the coordination of DOJ's national security and terrorism missions. 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 in the USA PATRIOT Improvement and Reauthorization Act of 2005 (P.L. 109-177, enacted March 9, 2006). Under the NSD, the Office of Intelligence Policy and Review and the Criminal Division's Counterterrorism and Counterespionage Sections' resources were consolidated to coordinate the department's intelligence-related resources and to ensure that criminal intelligence information is shared, as appropriate.
The Interagency Law Enforcement account reimburses DOJ agencies for their participation in the Organized Crime Drug Enforcement Task Force (OCDETF) program. Organized into 12 task forces, this program combines the expertise of federal agencies with those of state and local law enforcement to disrupt and dismantle major narcotics trafficking and money laundering organizations. The DOJ agencies, divisions, and offices that participate in OCDETF are the DEA, FBI, ATF, USMS, the Tax and Criminal Divisions of DOJ, and U.S. Attorneys. Other agencies participating in OCDETF are U.S. Immigration and Customs Enforcement, the U.S. Coast Guard, the Treasury Office of Enforcement, and the Internal Revenue Service.
The FBI account supports 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 (9/11), terrorist attacks, the FBI has reorganized and reprioritized its efforts to focus on preventing terrorism and related criminal activities.
The DEA account supports the only single-mission federal agency tasked with enforcing the nation's controlled substance laws, reducing the availability and abuse of illicit drugs, and preventing the diversion of licit drugs for illicit purposes. The DEA's enforcement efforts include the disruption and dismantling of drug trafficking and money laundering organizations through drug interdiction and seizures of illicit revenues and assets derived from these organizations. The agency plays a key role in federal efforts to counter drug-related violence by focusing on the convergent threats of illegal drugs, drug-related violence, and terrorism. The DEA also has an active role in the Prescription Drug Abuse Prevention Plan through the targeting of improper prescribing practices and promoting proper disposal of unused prescription drugs.
The ATF enforces federal criminal law related to the manufacture, importation, and distribution of alcohol, tobacco, firearms, and explosives. The ATF works 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.
BOP was established in 1930, and its account supports the housing of federal inmates, professionalization of the prison service, and the consistent and centralized administration of the federal prison system. The mission of the BOP is to protect society by confining offenders in prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and to provide work and other self-improvement opportunities for inmates so that they can become productive citizens after they are released. The BOP currently operates 122 correctional facilities across the country.5 It also contracts with Residential Re-entry Centers (RRCs, i.e., halfway houses) to provide assistance to inmates nearing release. RRCs provide inmates with a structured and supervised environment along with employment counseling, job placement services, financial management assistance, and other programs and services.
OVW was established to administer programs created under the Violence Against Women Act of 1994 (VAWA) and subsequent legislation. The OVW account and the programs it supports provide financial and technical assistance to communities around the country to facilitate the creation of local programs, policies, and practices designed to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking.
OJP manages and coordinates the National Institute of Justice; Bureau of Justice Statistics; Office of Juvenile Justice and Delinquency Prevention; Office for Victims of Crime; Bureau of Justice Assistance; the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking; and related grant programs.
The Research, Evaluation, and Statistics account (formerly the Justice Assistance account) funds the operations of the Bureau of Justice Statistics and the National Institute of Justice, among other related activities.
The State and Local Law Enforcement Assistance account includes funding for a variety of grant programs to improve the functioning of state, local, and tribal criminal justice systems. Some examples of programs that have traditionally been funded under this account include the Edward Byrne Memorial Justice Assistance Grant (JAG) program, the Drug Courts program, the State Criminal Alien Assistance Program (SCAAP), and DNA backlog reduction program.
The Juvenile Justice Programs account includes funding for grant programs administered by the Office of Juvenile Justice and Delinquency Prevention to reduce juvenile delinquency and help state, local, and tribal governments improve the functioning of their juvenile justice systems.
The Public Safety Officers Benefits (PSOB) program account provides three different types of benefits to public safety officers and their survivors: death, disability, and education. The PSOB program is intended to assist in the recruitment and retention of law enforcement officers, firefighters, and first responders.
The COPS account supports the awarding of grants to state, local, and tribal law enforcement agencies throughout the United States to hire and train law enforcement officers to participate in community policing, purchase and deploy new crime-fighting technologies, and develop and test new and innovative policing strategies.
The CVF was established by the Victims of Crime Act of 1984 (P.L. 98-473, VOCA). It is administered by the Office for Victims of Crime (OVC) and provides funding to the states and territories for victim compensation and assistance programs. This account does not receive appropriations but instead is funded by criminal fines, forfeited bail bonds, penalties, and special assessments that are collected by U.S. Attorneys' Offices, U.S. courts, and the BOP.6
The Consolidated Appropriations Act, 2017 (P.L. 115-31) provided a total of $28.962 billion for DOJ. The act provided $2.713 billion for the U.S. Marshals, $9.006 billion for the FBI, $2.103 billion for the DEA, $1.259 billion for the ATF, and $7.142 billion for the BOP. The remaining funding (approximately $6.739 billion) was for DOJ's other offices—such as the U.S. Attorneys offices, the Executive Office for Immigration Review, and the Attorney General's office—and to support the other functions noted above.
For FY2017, Congress supplemented appropriated funding for OVW with a transfer from the CVF. A total of $481.5 million in new budget authority is available for OVW, but $326 million comes via a transfer from the CVF.
The Trump Administration requests $28.205 billion for DOJ for FY2018. The requested amount is 2.6% less than the FY2017-enacted appropriation. The Administration proposes reductions for several DOJ accounts. This includes a $232 million (2.6%) reduction for the FBI, which is largely the result of a $187 million (78.3%) reduction in the Construction account, but also includes a $44 million (0.5%) reduction in the FBI's Salaries and Expenses account. The Administration also proposes reductions for the following:
Consistent with actions taken by Congress for FY2017, the Trump Administration's FY2018 budget request proposes transferring $445 million from the CVF to OVW to supplement the direct appropriations. However, the Administration's budget also proposes transferring $73 million from the CVF to the State and Local Law Enforcement Assistance account and $92 million from the CVF to the Juvenile Justice Programs account.
While the Administration's FY2018 budget request includes several reductions for DOJ, it also includes several proposed increases:
The Trump Administration proposes eliminating 11,523 positions and 3,587 full-time equivalents (FTEs)9 across DOJ. The reductions are a part of a "workforce rightsizing initiative" ordered by Attorney General Sessions. The reductions would come through attrition and "administrative savings" (-2,125 positions and -2,084 FTEs) and through eliminating funded but unfilled positions and FTEs (-9,398 positions and -1,503 FTEs). The majority of eliminated positions and FTEs would come from the FBI (-2,095 positions and -1,843 FTEs), DEA (-1,350 positions and no FTEs), USMS (-612 positions and -94 FTEs), BOP (-6,132 positions and -846 FTEs), and General Legal Activities (-587 positions and -129 FTEs). These reductions would establish a new baseline for DOJ's current services.10
H.R. 3354, an omnibus appropriations measure that the House passed on September 14, 2017, would provide $29.310 billion for DOJ, 3.5% more than the Administration's request and 1.2% more than the FY2017-enacted appropriation. Compared to the FY2017-enacted appropriation, the House-passed bill includes an $88 million (3.2%) increase for the USMS, a $54 million (2.6%) increase for the DEA, and a $36 million (2.8%) increase for the ATF. There are also increases for the Offices of the U.S. Attorneys ($22 million, 1.1%) and BOP ($26 million, 0.4%). The bill reduces funding for the FBI by $139 million (-1.6%), but this is due to a $187 million (-78.3%) reduction in the FBI's Construction account. The report to accompany H.R. 3267, the FY2018 CJS appropriations bill that was incorporated as Division C of H.R. 3354, was silent as to whether the bill included the Administration's proposal to reduce DOJ's FTEs and positions.
The House declined to accept the Administration's proposal to supplement direct appropriations for the Office on Violence Against Women, State and Local Law Enforcement Assistance, and Juvenile Justice Programs accounts with transfers from the Crime Victims Fund.
The bill reported by the Senate Committee on Appropriations would provide $29.068 billion for DOJ, 2.6% more than the Administration's request and 0.4% more than the FY2017-enacted appropriation.
The Senate Committee on Appropriations would fund most DOJ accounts at or above the FY2017-enacted level. The committee-reported bill includes a $108 million (4.0%) increase for the USMS, a $13 million (0.6%) increase for the DEA, a $15 million (1.2%) increase for the ATF, and a $22 million (1.1%) increase for the Offices of the U.S. Attorneys. A few notable reductions are for the FBI (-$19 million, 0.2%), though this is the result of an $84 million reduction in the FBI's Construction account, and the State and Local Law Enforcement Assistance account (-$109 million, -8.6%). The report to accompany S. 1662 was silent as to whether the committee adopted the Administration's proposal to reduce DOJ's FTEs and positions.
The Senate Committee on Appropriations largely declined to adopt the Administration's proposal to supplement funding for several grant accounts with transfers from the Crime Victims Fund. However, the committee-reported bill includes a transfer of $379 million from the Crime Victims Fund to the Office on Violence Against Women.
Congress passed the Continuing Appropriations Act, 2018, and Supplemental Appropriations for Disaster Relief Requirements Act, 2017, which was signed into law by President Trump on September 8, 2017 (P.L. 115-56). The act funds DOJ at the rate provided in P.L. 115-31, minus a 0.6791% rescission, until December 8, 2017, or until DOJ's FY2018 appropriations are signed into law.
Table 1 summarizes and compares the FY2017 appropriations, the President's FY2018 budget request, the House-passed, and Senate committee-reported amounts for DOJ.
|
Account |
FY2017 Enacted |
FY2018 Administration's Request |
FY2018 House-Passed |
FY2018 Senate Committee-Reported |
FY2018 Enacted |
|
General Administration |
$676.7 |
$741.6 |
$671.5 |
$737.8 |
|
|
General Administration |
(145.1) |
(144.9) |
(75.4) |
(144.9) |
|
|
Salaries and Expenses |
(114.1) |
(114.0) |
(44.5) |
(114.0) |
|
|
Justice Information Sharing Technology |
(31.0) |
(30.9) |
(30.9) |
(30.9) |
|
|
Administrative Review and Appeals |
— |
(501.4) |
— |
— |
|
|
Executive Office for Immigration Review |
— |
(496.4) |
— |
— |
|
|
Office of the Pardon Attorney |
— |
(5.0) |
— |
— |
|
|
Executive Office for Immigration Review |
(436.0) |
— |
(500.5) |
(496.4) |
|
|
Office of the Inspector General |
(95.6) |
(95.3) |
(95.6) |
(96.5) |
|
|
U.S. Parole Commission |
13.3 |
13.3 |
13.0 |
13.3 |
|
|
Legal Activities |
3.353.8 |
3,149.6 |
3,400.6 |
3,403.1 |
|
|
General legal activities |
(897.5) |
(899.0) |
(897.5) |
(897.5) |
|
|
United States Attorneys |
(2.035.0) |
(2,057.3) |
(2,057.3) |
(2,057.3) |
|
|
Antitrust Division |
(165.0) |
(164.7) |
(164.0) |
(165.0) |
|
|
Offsetting Fee Collections (Antitrust Division) |
(-125.0) |
(-112.7) |
(-126.0) |
(-126.0) |
|
|
U.S. Trustee Program |
(225.9) |
(225.5) |
(225.0) |
(225.9) |
|
|
Offsetting Fee Collections (U.S. Trustee Program) |
(-163.0) |
(-112.7) |
(-135.0) |
(-135.0) |
|
|
New fees for U.S. Trustee Programa |
— |
(-289.0) |
— |
— |
|
|
Foreign Claims Settlement Commission |
(2.4) |
(2.4) |
(2.4) |
(2.4) |
|
|
Fees and Expenses of Witnesses |
(270.0) |
(270.0) |
(270.0) |
(270.0) |
|
|
Community Relations Service |
(15.5) |
(14.4) |
(15.0) |
(15.5) |
|
|
Assets Forfeiture Fundb |
(20.5) |
(21.5) |
(10.5) |
(20.5) |
|
|
Vaccine Injury Compensation Trust Fund |
(10.0) |
(9.3) |
(10.0) |
(10.0) |
|
|
U.S. Marshals Service |
2,713.5 |
2,803.0 |
2,801.0 |
2,821.0 |
|
|
Salaries and Expenses |
(1,249.0) |
(1,252.0) |
(1,255.0) |
(1,270.0) |
|
|
Construction |
(10.0) |
(15.0) |
(10.0) |
(15.0) |
|
|
Federal Prisoner Detention |
(1,454.4) |
(1,536.0) |
(1,536.0) |
(1,536.0) |
|
|
National Security Division |
96.0 |
101.0 |
100.0 |
101.0 |
|
|
Interagency Law Enforcement |
517.0 |
526.0 |
526.0 |
517.0 |
|
|
Federal Bureau of Investigation |
9,006.4 |
8,774.7 |
8,866.6 |
(8,987.2) |
|
|
Salaries and Expenses |
(8,767.2) |
(8,722.9) |
(8,814.7) |
(8,832.2) |
|
|
Construction |
(420.2) |
(51.9) |
(51.9) |
(155.0) |
|
|
Transfer of Balances from the Working Capital Fund |
(-181.0) |
— |
— |
— |
|
|
Drug Enforcement Administration |
2,103.0 |
2,164.1 |
2,157.1 |
2,115.8 |
|
|
Bureau of Alcohol, Tobacco, Firearms, and Explosives |
1,258.6 |
1,273.8 |
1,293.8 |
1,273.8 |
|
|
Federal Prison System |
7,141.5 |
7,200.9 |
7,167.4 |
7,142.9 |
|
|
Salaries and Expenses |
(7,008.8) |
(7,085.2) |
(7,069.7) |
(7,080.2) |
|
|
Construction |
(130.0) |
(113.0) |
(95.0) |
(60.0) |
|
|
Limitation on Administrative Expenses, Federal Prison Industries |
(2.7) |
(2.7) |
(2.7) |
(2.7) |
|
|
Office on Violence Against Women |
155.5c |
35.0d |
527.5 |
104.5e |
|
|
Office of Justice Programs |
1,705.8 |
1,204.3 |
1,555.3 |
1,624.3 |
|
|
Research, Evaluation, and Statistics |
(89.0) |
(111.0) |
(83.0) |
(85.0) |
|
|
State and Local Law Enforcement Assistance |
(1,280.5)f |
(867.5)g |
(1,188.5) |
(1,171.0) |
|
|
Juvenile Justice Programs |
(247.0) |
(137.5)h |
(175.5) |
(260.0) |
|
|
Public Safety Officers Benefits |
(89.3) |
(88.3) |
(108.3) |
(108.3) |
|
|
Community Oriented Policing Services |
221.5 |
218.0 |
240.5 |
226.5 |
|
|
Obligation Cap on the Crime Victims Fund (CVF) |
2,573.0 |
3,000.0 |
4,632.0 |
3,636.0 |
|
|
Offsetting Receipts (CVF) |
-2,573.0 |
-3,000.0 |
-4,632.0 |
-3,636.0 |
|
|
Total |
28,962.5 |
28,205.4 |
29,310.4 |
29,068.2 |
Source: The FY2017-enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-31, printed in the May 3, 2017, Congressional Record (pp. H3365-H3390). The amounts for the Administration's FY2018 budget request were taken from the report to accompany H.R. 3267 (H.Rept. 115-231). The House-passed amounts were taken from the text of H.R. 3354 and H.Rept. 115-231. The Senate committee-reported amounts were taken from the report to accompany S. 1662 (S.Rept. 115-139).
Notes: Amounts may not add to totals due to rounding. Amounts do not include any rescissions of unobligated balances, nor do they reflect any scorekeeping adjustments. Amounts in parenthesis are subaccounts.
a. In the FY2018 budget request for the Department of Justice, the Administration proposed an amendment to 28 U.S.C. §1930(a) to increase the amount of fees the U.S. Trustees can collect.
b. As a part of the annual Commerce, Justice, Science, and Related Agencies appropriations act, Congress traditionally sets a limit on the amount of expenses that can be paid for the purposes authorized under (B), (F), and (G) of Section 524(c)(1) of Title 28 of the United States Code.
c. This amount does not include a $326 million transfer from the Crime Victims Fund to the Office on Violence Against Women per P.L. 115-31.
d. The Administration proposes transferring $445 million from the Crime Victims Fund to the Office on Violence Against Women.
e. The Senate committee-reported bill would transfer $379 million from the Crime Victims Fund to the Office on Violence Against Women.
f. This amount includes $7 million that was appropriated pursuant to the Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114-254) for the Edward Byrne Memorial Justice Assistance Grant (JAG) program to reimburse overtime costs associated with providing security for President-elect Donald Trump that was extended until the end of FY2017 by the Consolidated Appropriations Act, 2017 (P.L. 115-31). This amount also includes $15 million that was appropriated for the Emergency Federal Law Enforcement Assistance program pursuant to Section 542 of Division B of the Consolidated Appropriations Act, 2017.
g. The Administration proposes transferring $73 million from the Crime Victims Fund to the State and Local Law Enforcement Assistance account.
h. The Administration proposes transferring $92 million from the Crime Victims Fund to the Juvenile Justice Programs account.
The Administration's annual budget submission to Congress is a reflection of its priorities. The Trump Administration has identified national security, combating violent crime, combating opioids, combating transnational organized crime, and enforcing immigration laws as priorities for DOJ. These priorities coincide with issues that President Trump raised during the 2016 presidential campaign and the first few months of his Administration, including concerns about "lone wolf" terrorist attacks inspired by foreign terrorist organizations like the Islamic State, increasing violent crime in some U.S. cities, and the need for more stringent enforcement of the nation's immigration laws.
The Administration formulated its FY2018 budget request using the FY2017 annualized appropriation under the continuing resolutions (P.L. 114-223 and P.L. 114-254). This means that requested program increases were considered relative to the FY2017 annualized appropriation and not the FY2017-enacted appropriation (P.L. 115-31).
The Administration requests $98 million in program increases for national security efforts at the FBI. Within the $98 million requested by the Administration, $41 million is for the FBI's efforts to combat cyber threats, $22 million is for combatting the threat of "going dark" (i.e., the inability of law enforcement to access certain data due to advancements in technology),11 $20 million is for addressing threats posed by foreign intelligence and domestic bad actors, $8 million is for additional surveillance of FBI high-priority targets, and $7 million is for the operation and maintenance of the FBI's Biometrics Technology Center.
The House Committee on Appropriations notes that it provides $48 million more than the FY2017-enacted appropriation for the FBI. The committee reports that the increase is necessary to help the FBI carry out its critical missions, which include supporting work on "confronting threats from foreign intelligence and insiders," and "helping the FBI stop computer intrusions, investigate cybercrime, and improve cybersecurity."12 The committee also states that funding for the FBI supports the programs of the FBI's Criminal Justice Information Services Division, including the Biometrics Technology Center. However, the committee did not state if it chose to fund any of the specific program increases requested by the Administration.
The Senate Committee on Appropriations notes in its report that within the funding provided for the FBI, the committee supports the requested program increases for cybersecurity activities. The committee's report is silent as to whether it supported any of the other program increases requested by the Administration.
The Trump Administration requests approximately $139 million for efforts to reduce violent crime, including the following:
The House Committee on Appropriations' report notes that it fully funds the requested increase for the ATF's NIBIN program and additional safety equipment for deputy U.S. Marshals. The committee also states that it provides funding for additional resources at the Office of the U.S. Attorneys for additional prosecutors to target violent crime and gang activity. The committee declined to provide $70 million for Project Safe Neighborhoods (the committee recommends $10 million). As mentioned above, the committee states that funding for the FBI supports the programs of the FBI's Criminal Justice Information Services Division, which includes NICS, but the committee did not state whether it provided funding for the program increases requested by the Administration. The committee's report was silent as to whether it provided funding for the other program increases requested by the Administration.
The report to accompany S. 1662 is largely silent as to whether the Senate Committee on Appropriations provided funding for the program increases requested by the Administration. For example, the committee states that its recommended funding supports the ATF's efforts to enforce firearms laws and perform regulatory oversight, including through the NIBIN program, but the report does not state whether the committee funded the Administration's requested program increases for the ATF. The Senate Committee on Appropriations does note that it fully funds the request for the FBI's Criminal Justice Information Services, including continued improvements to NICS. On the other hand, the committee declined to provide $70 million for Project Safe Neighborhoods (the committee recommends $7 million).
The Trump Administration requests approximately $40 million to combat opioid abuse, including the following:
The House Committee on Appropriations states in its report that it provides $15 million under the DEA's Salaries and Expenses account for enhancement of heroin enforcement activities and investigations of transnational organized crime drug criminals. The committee also provides $37 million under the DEA's Diversion Control Program for additional diversion investigators and tactical diversion squads, increasing drug take-back efforts, and increasing enforcement and analysis of new synthetic substances. Within this amount, $10 million is for the proposed U.S. Attorneys' "hot spots" pilot program.
The report from the Senate Committee on Appropriations is largely silent as to whether the committee provided any of the program increases requested by the Administration to help combat opioid abuse. However, the committee notes that while it strongly supports efforts to fight heroin and illegal opioid abuse, it does not approve of funding from the DEA's Diversion Control Program being used for the proposed "hot spots" pilot program. The committee believes that the responsibilities of the pilot program are outside of the DEA's mission and that prosecution for overprescription and illegal diversion of opioids should be handled by the Office of the U.S. Attorneys. In its report, the committee directs DOJ to use no less than $2.5 million of the funding provided for the Office of the U.S. Attorneys to conduct criminal and civil prosecutions into the illegal prescribing and dispensing of opioids.
The Trump Administration requests approximately $19 million to target transnational organized crime (TOC), including the following:
The House Committee on Appropriations states in its report that it provides $15 million under the DEA's Salaries and Expenses account for enhancement of heroin enforcement activities and investigations of transnational organized crime drug criminals. The committee also reports that funds are included under OCDEFT to support interagency task forces that target high-level drug trafficking organizations through coordinated, multijurisdictional investigations.
The report from the Senate Committee on Appropriations is silent as to whether the committee provided funding for any of the program increases requested by the Administration.
For FY2018, the Trump Administration requests an additional $145 million for enforcing immigration laws, including the following:
The House Committee on Appropriations notes in its report that it provides $4 million more than the amount requested for EOIR. The total amount provided would support 449 immigration judge teams, 65 more than the number of teams funded for FY2017. The committee notes that it fully funds the requested enhancements for immigration enforcement at the Offices of the U.S. Attorneys. The committee also provided the additional funding requested for the U.S. Marshals to support border security and immigration law enforcement. The report is silent as to whether the committee provided the additional funding requested for the Civil and Environmental and Natural Resources divisions.
The Senate Committee on Appropriations is silent in its report as to whether it specifically provided funding for additional immigration judges, but it did fund the EOIR account at the level requested by the Administration. The report is silent as to whether the committee provided funding for any of the other program increases the Administration requested for immigration law enforcement.
In addition to the budgetary request, the Administration's budget also includes proposed legislative language related to immigration enforcement and "sanctuary" jurisdictions that limit law enforcement participation with federal immigration enforcement activities (Section 219 of the general provisions for DOJ).
Section 219 would amend Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (codified at 8 U.S.C. §1373) by specifying, and arguably expanding, the type of information that federal, state, and local law enforcement entities may not be limited from sharing with the Department of Homeland Security (DHS). The bar to limitations on information sharing would cover an alien's nationality, citizenship status, immigration status, removability, scheduled release date and time (for persons in custody), home address, work address, and contact information. While current law bars limitations on information sharing for any individual, Section 219 would narrow this prohibition with respect to any individual in custody or suspected of violating U.S. law.
Section 219 would also require nonfederal law enforcement entities or officials to honor any lawful requests by DHS pursuant to its mandate to enforce immigration laws, including requests to detain individuals for up to 48 hours in order for DHS to obtain custody of them.
Section 219 would allow DHS or DOJ to condition any grants of federal funds or cooperative agreements related to immigration, national security, law enforcement, and terrorism prevention and protection to states or localities by requiring that grant recipients comply with the provisions that bar limitations on information sharing, and by requiring state and local law enforcement agencies to honor DHS requests specified in Section 219. DHS or DOJ could require that such grant and cooperative agreement applicants certify, as prescribed by DHS or DOJ, that they would comply with such conditions in their applications.
Section 219 would also allow DHS or DOJ to enforce the above provisions through any lawful means.
Neither the House-passed (H.R. 3354) nor the Senate committee-reported (S. 1662) bills include the language proposed in Section 219 of the Administration's budget request for DOJ.
Author Contact Information
Key Policy Staff
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Area of Expertise |
Name |
Phone |
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ATF, firearms trafficking, federal firearms law. |
[author name scrubbed] |
[phone number scrubbed] |
[email address scrubbed] |
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Cybersecurity, cybercrime, juvenile justice, inter-agency law enforcement. |
[author name scrubbed] |
[phone number scrubbed] |
[email address scrubbed] |
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Violence against women programs, crime victims assistance, DEA, FBI. |
[author name scrubbed] |
[phone number scrubbed] |
[email address scrubbed] |
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U.S. Marshals, BOP, grants for state and local law enforcement and corrections, general DOJ appropriations. |
[author name scrubbed] |
[phone number scrubbed] |
[email address scrubbed] |
| 1. |
U.S. Department of Justice, About DOJ, http://www.justice.gov/about/about.html. |
| 2. |
For more information on CJS appropriations, see CRS Report R44877, Overview of FY2018 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS), by [author name scrubbed]. |
| 3. |
"INTERPOL" is a contraction of "international police." The organization's official name is ICPO—INTERPOL, and "ICPO" stands for "International Criminal Police Organization." |
| 4. |
Under the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6), Congress eliminated funding for the Office of the Federal Detention Trustee account and instead provided funding for a Federal Prisoner Detention account under the USMS. Funding under this account covers the costs associated with the care of federal detainees. |
| 5. |
U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, Federal Prisons, http://www.bop.gov/about/facilities/federal_prisons.jsp. |
| 6. |
U.S. Department of Justice, Office for Victims of Crime, About OVC, Crime Victims Fund, http://www.ojp.usdoj.gov/ovc/about/victimsfund.html. |
| 7. |
The proposed reduction in funding state and local law enforcement assistance takes into account the Administration's proposal to transfer $73 million from the Crime Victims Fund to the State and Local Law Enforcement Assistance account. |
| 8. |
The proposed reduction in funding juvenile justice programs takes into account the Administration's proposal to transfer $92 million from the Crime Victims Fund to the Juvenile Justice Programs account. |
| 9. |
An FTE represents one person working full time for one year. An FTE can represent one position, assuming that the person in that position worked full time for a full year. An FTE can also account for multiple positions (e.g., two people working half time for a full year). In addition, a position might not account for a full FTE, such as when someone is hired to work full time but is hired halfway through the fiscal year. |
| 10. |
"Current services" reflects the appropriation an agency would need to continue to provide the same level of service in the upcoming fiscal year as it does in the current fiscal year. Current services reflects the previous fiscal year's appropriation plus any base adjustments, which can include increases (e.g., inflationary costs) or reductions (e.g., removal of one-time costs). The current fiscal year budget request reflects current services plus any program increases (e.g., requests for additional personnel) or minus any program offsets (e.g., rescissions of prior fiscal year unobligated balances). |
| 11. |
For more on "going dark," see CRS Report R44481, Encryption and the "Going Dark" Debate, by [author name scrubbed]. |
| 12. |
U.S. Congress, House Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies, Commerce, Justice, Science, and Related Agencies Appropriations Bill, 2018, Report to accompany H.R. 3267, 115th Cong., 1st sess., July 17, 2017, H.Rept. 115-231 (Washington: GPO, 2017), p. 36. |
| 13. |
The task force was formed by Attorney General Sessions in response to Executive Order 13776 (Task Force on Crime Reduction and Public Safety). |
| 14. |
The Special Operations Group is the U.S. Marshals' designated tactical team. |
| 15. |
The Controlled Substances Act authorizes the DEA to charge reasonable fees relating to the registration and control of the manufacture, distribution, dispensing, import, and export of controlled substances and listed chemicals. Fee revenues are deposited into the Diversion Control Fee Account. The fees collected are used to cover the cost of operating the Diversion Control Program. |