MISSION AND ORGANIZATIONAL
On November 8, 2001, the Attorney General announced a comprehensive review and reorganization of the Department to meet the counterterrorism mission. At the same time, the Attorney General released the Department’s Strategic Plan for Fiscal Years 2001-2006. This Plan adds a new strategic goal—to protect our nation and its citizens from a serious, immediate, and ongoing threat of terrorism—and describes the objectives we will pursue to accomplish it. To achieve this goal, we will devote all resources necessary to disrupt, weaken, and eliminate terrorist networks; to prevent or thwart terrorist attacks; and to bring to justice the perpetrators of terrorist acts. Although the fight against terrorism has always been part of our mission, it is now the first and overriding priority of the Department. The overall mission of the Department, as reflected in its Strategic Plan for Fiscal Years 2001-2006, is:
In carrying out our mission, we are guided by the following core values:
Equal Justice Under the Law. Upholding the laws of the United States is the solemn responsibility entrusted to us by the American people. We enforce these laws fairly and uniformly to ensure that all Americans receive equal protection and justice under the law.
Honesty and Integrity. We adhere to the highest standards of ethical behavior.
Commitment to Excellence. We seek to provide the highest levels of service to the American people. We are effective and responsible stewards of the taxpayers' dollars.
Respect for the Worth and Dignity of Each Human Being. We treat each other and those we serve with fairness, dignity, and compassion. We value differences in people and ideas. We are committed to the well-being of our employees and to providing opportunities for individual growth and development.
From our mission and core values stem the Department’s strategic and annual planning processes. The Department embraces fully the concepts of performance-based management. At the heart of these concepts is the idea that focusing on mission, agreeing on goals, and reporting results are keys to improved performance. In the Department, strategic planning is the first step in an iterative planning and implementation cycle. This cycle, which is the center of the Department’s efforts to implement performance-based management, involves setting long-term goals and objectives, translating these goals and objectives into budgets and program plans, implementing programs and monitoring the performance, and evaluating results. In this cycle, the Department’s Strategic Plan provides the overarching framework for component and function-specific plans as well as annual performance plans, budgets, and reports.Organizational Structure of the Department
The Department is headed by the Attorney General of the United States. It is comprised of 39 separate component organizations. These include the U.S. Attorneys (USAs) who prosecute offenders and represent the U.S. Government in court; the major investigative agencies, the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA), which prevent and deter crime and arrest criminal suspects; the Immigration and Naturalization Service (INS) which controls the border and provides services to lawful immigrants; the U.S. Marshals Service (USMS) which protects the federal judiciary, apprehends fugitives, and detains persons in federal custody; and the Bureau of Prisons (BOP) (including Federal Prison Industries and the National Institute of Corrections) which primarily confines convicted offenders. Litigating divisions enforce federal criminal and civil laws, including civil rights, tax, antitrust, environmental, and civil justice statutes. The Office of Justice Programs (OJP) and the Office of Community Oriented Policing Services (COPS) provide leadership and assistance to state, tribal, and local governments. Other major departmental components include the National Drug Intelligence Center (NDIC), the U.S. Trustees (UST), the Justice Management Division (JMD), the Executive Office for Immigration Review (EOIR), the Community Relations Service (CRS), and the Office of the Inspector General (OIG). Although headquartered in Washington, D.C., the Department conducts much of its work in offices located throughout the country and overseas.
The Department’s financial structure is comprised of the following principal components (a complete listing is included in Appendix B):
Department of Justice performance information is presented on the following pages. The information is organized by strategic goal and strategic objective and is consistent with the Department’s Government Performance and Results Act (GPRA) performance plans and reports. A complete FY 2002 performance report, which contains data validation and verification information for each measure presented, is included in Part II of this document. The eight strategic goals are also listed in Table 2.
Table 1. Source of DOJ Resources
(Dollars in Thousands)
Table 2. How DOJ Resources are Spent (Net of Earned Revenue)
FY 2002 Financial Highlights
The Department’s total assets as of September 30, 2002, were $31.1 billion, with approximately 67 percent of that balance consisting of the fund balance held with the Department of the Treasury. Total liabilities were approximately $7.5 billion. The net cost of operations totaled $24.6 billion for the year ended September 30, 2002, an increase of $3.5 billion over the $21.1 billion in net costs reported for FY 2001.
Changes in expenditures across goals from FY 2001 to FY 2002 result in part from a shift in the Department's Strategic Goal structure from FY 2001 to FY 2002. In November 2001, the Attorney General issued his Strategic Plan for FY 2001-FY 2006. This Plan added an entirely new Strategic Goal 1 for the Department: Protect America Against the Threat of Terrorism. To accommodate the new goal, costs were realigned accordingly, and some net cost trend comparisons against the FY 2001 goals may not be appropriate as a result. A brief description of some of the major costs included in each Strategic Goal follows, along with an explanation of significant changes in expenditures from FY 2001 to FY 2002 for selected goals.
Strategic Goal 1, Protect America Against the Threat of Terrorism, is a new goal in FY 2002 and includes newly funded resources dedicated to counterterrorism initiatives as well as costs of United States Attorneys and Criminal Division activities which were reported as legal enforcement activities under Goal 4 in prior fiscal years.
Strategic Goal 2, Enforce Federal Criminal Laws, includes the criminal prosecution related functions of the OBDs, the USAs, the Assets Forfeiture Fund, the DEA, and the FBI.
Strategic Goal 3, Prevent and Reduce Crime and Violence by Assisting State, Tribal, Local, and Community-Based Programs, includes OJP and COPS grant programs, as well as services to America’s crime victims and the Assets Forfeiture Fund. In FY 2002, Goal 3 net costs increased by 39 percent. A significant portion of the increase is due to payments on claims arising from the Radiation Exposure Compensation Act of 1990; and payments made from the September 11th Victim Compensation Fund. Costs in most OJP programs were consistently higher in FY 2002 compared to FY 2001. The State Criminal Alien Assistance program administered by OJP spent approximately $1 billion in FY 2002, an increase of nearly 50 percent over FY 2001 net cost.
Strategic Goal 4, Protect the Rights and Interests of the American People by Legal Representation, Enforcement of Federal Laws, and Defense of U.S. Interests, includes the civil prosecution-related activities of the legal divisions and the U.S. Attorneys. Goal 4 net costs decreased by 50 percent in FY 2002. The decrease results primarily from a shift in the Department's strategic Goal structure from FY 2001 to FY 2002. Counterterrorism costs were moved to Goal 1 and criminal-related law enforcement activities previously reported under Goal 4 were moved to Goal 2.
Strategic Goal 5, Fairly and Effectively Administer the Immigration and Naturalization Laws of the United States, primarily includes the INS and Executive Office for Immigration Review. In FY 2002, Goal 5 net costs increased by 36 percent, primarily due to enhancements in INS programs including Adjudication and Naturalization; International Affairs; Intelligence; Inspections; Investigations; Detention and Removal, and Border Patrol.
Strategic Goal 6, Protect American Society by Providing for the Safe, Secure, and Humane Confinement of Persons in Federal Custody, includes the detention-related functions of USMS and INS, as well as all activities of the BOP (which includes Federal Prison Industries).
Strategic Goal 7, Protect the Federal Judiciary and Provide Critical Support to the Federal Justice System to Ensure It Operates Effectively, includes the UST program, the Department’s Fees and Expenses of Witnesses programs (OBD components), and the activities of the USMS.
Strategic Goal 8, Ensure Professionalism, Excellence, Accountability, and Integrity in the Management and Conduct of Department of Justice Activities and Programs, includes the JMD and the Wireless Management Office, among other OBD offices, and the WCF. In FY 2002, Goal 8 net costs increased by 16 percent, resulting primarily to an increase in Debt Collection Management activity.
Strategic Goal I, with FY 2002 net costs of $1.7 billion, applies a strict definition to the resources that are considered “counterterrorism” in nature: it includes those activities for which the primary mission is counterterrorism. For the Department, this includes activities of the FBI, OJP, United States Attorney’s offices, and the Criminal Division. However, many of the Department’s other activities support the counterterrorism mission in a variety of ways. Using a broader definition of counterterrorism activities, to include providing homeland security, then the Department spent approximately $2.3 billion on the counterterrorism/homeland security effort in FY 2002. This represents approximately 9 percent of the Department’s net costs in FY 2002, and includes the following activities: World Trade Center and Pentagon investigations, airport security, protective details for certain trials, upgraded security at certain federal buildings, anthrax investigations, and counterterrorism activities within the INS.
The Department views data reliability and validity as critically important in the planning and assessment of its performance. As such, Part II of this document includes a discussion of data validation and verification for each performance measure presented. In addition, each reporting component was requested to ensure that data reported met the OMB standards for data reliability that is presented in Circular A-11 (2002), Section 231.7. The OMB standard is as follows:
FY 2002 REPORT ON SELECTED ACCOMPLISHMENTS
STRATEGIC GOAL 1: Protect America Against the Threat of Terrorism
7% of the Department’s Net Costs support this Goal.
Preventing terrorist acts is the Department’s first priority. Many Department of Justice components play critical roles in this effort, including, of course, the FBI. The FBI's Counterterrorism (CT) program strategy recognizes that the underlying political/religious/social movements that drive terrorist acts are beyond the control of any law enforcement organization.
To effectively address terrorism, the FBI has developed a comprehensive strategy focused on building maximum feasible capacity in the CT program. Maximum feasible capacity is achieved when the CT program has all necessary elements in place in five areas of competency: investigations, intelligence, communications, liaison, and program management. The effort to achieve maximum feasible capacity involves in-depth assessment of the program's current capacity, identification of performance gaps, and focusing resources and attention on specific initiatives to close these gaps.
By maximizing capacity in all five levels, the FBI can proactively assure that the CT program is in the best possible position to prevent terrorist acts. This strategy enables the FBI to maintain a specific and defined strategy, thorough intelligence gathering, valid and straightforward reporting and tracking mechanisms, effective intra- and interagency liaison and cooperation, and accountable program management.
Performance Measure: Terrorist Acts Committed by Foreign
Nationals Against U.S. Interests (within U.S. Borders) [FBI]
Through criminal and national security investigations, the Department of Justice works to arrest and prosecute or deport terrorists and their supporters and to disrupt financial flows that provide resources to terrorists operations. These investigations enable the Department to gather information, punish terrorists, develop and solidify relationships with critical partners, and maintain a presence visible to both potential terrorists and the American public, all of which are critical pieces of the Department’s efforts against terrorism.
The new counterterrorism strategy implemented by the Department after September 11, 2001, includes the development of Anti-Terrorism Task Forces. Each United States Attorney’s office identified one experienced prosecutor to serve as the Anti-Terrorism Coordinator for that district’s Anti-Terrorism Task Force. The Coordinator convenes meetings of representatives from the federal law enforcement agencies – including the FBI, INS, DEA, U.S. Customs Service, U.S. Marshals Service, U.S. Secret Service, and Bureau of Alcohol, Tobacco and Firearms – and the primary state and local police forces, along with other appropriate state agencies and officials in each district. These task forces are part of a national network that coordinates the dissemination of information throughout the country. The implementation of these task forces coordinated by the United States Attorney in each district and interfacing with the
Department through the Criminal Division’s Regional Terrorism Coordinators, supports a concerted national assault against terrorism.
In addition, the Department created a Terrorist Financing Task Force, consisting of attorneys from the Criminal and Tax Divisions and the U.S. Attorneys’ offices, to coordinate the nationwide prosecutorial efforts against groups and individuals assisting in financing international terrorism. This task force works closely with the FBI’s Financial Review Group, which draws resources from numerous federal law enforcement agencies and is devoted to the collection and analysis of information concerning terrorist financing.
Performance Measure: Number of Terrorist Cases Investigated
Performance Measure: Number of Terrorism Convictions [Executive
Office for U.S. Attorneys (EOUSA)]
STRATEGIC GOAL 2: Enforce Federal Criminal Laws
22% of the Department’s Net Costs support this Goal.
he FBI, working closely with Department of Justice prosecutors, intensively investigates the threats of active La Cosa Nostra (LCN), native Italian, and emerging Asian and Eurasian criminal enterprises. The FBI’s Organized Crime Section, through the use of the Racketeering Influenced Corrupt Organization (RICO) statute, targets the entire entity responsible for the crime problem, the organization. The Department charges the organization’s members as a group with a wide range of crimes committed by its members, in violation of local, state, and federal laws.
Organized Criminal Enterprises are structured to ensure that their leadership is far removed from the criminal activity, making it difficult to link overt crimes to the leaders of the organization. Moreover, even if key individuals are removed, the strength of these organizations often allows the enterprise to be sustained. Therefore, the FBI must develop strategies targeted primarily at dismantling the organization, as opposed to merely removing key individuals.
Performance Measure: Dismantled Asian Criminal Enterprises (ACE)[FBI]
NOTE: Prior year actuals have been updated to reflect the most current and accurate
Discussion: The events of September 11, 2001, and the subsequent reallocation of resources had an impact on the FBI’s ability to reach its performance target for FY 2002. However, achieving 7 dismantled organizations is a significant accomplishment.
In March 2002, FBI agents and detectives from the New York Police Department arrested five subjects of a violent ACE in connection with their cross-country armed robbery crime spree. The arrest of these subjects interdicted a planned robbery in the Florida area, which was to occur in the following week. All of the subjects involved in this criminal enterprise originated from the Fujian Province, People’s Republic of China.
In July 2002, FBI agents made 30 arrests in eight states, culminating a 5-year investigation that began when owners of a massage parlor in Blount County, TN tried to bribe public officials, including a judge. The ensuing investigation revealed hundreds of Korean massage parlors in 14 cities throughout the United States engaged in money laundering, prostitution, alien smuggling, and associated criminal activities.
During FY 2002, the Attorney General directed the Department to develop a single national list of major drug trafficking and money laundering organizations. In response, DEA, the FBI, and the U.S. Customs Service, with input from the intelligence community and other Organized Crime Drug Enforcement Task Force member agencies, identified 53 international command and control organizations representing the most significant international drug organizations threatening the U.S. This list of targets, titled the Consolidated Priority Organization Target (CPOT) list, represents the first time federal agencies have worked together to develop a single target list. This list reflects the most significant international narcotic supply and related money laundering organizations, poly‑drug traffickers, clandestine drug manufacturers and producers, and major drug transporters supplying the U.S. The list, as well as linked organizations, will be updated periodically to remain current.
The efforts to disrupt and dismantle the CPOTs will be primarily accomplished via multi-agency and multi-regional investigations directed by DEA and the FBI. These investigations focus on the development of intelligence-driven multi-region investigations to identify and target national, international, and regional drug trafficking organizations that play a significant role in the production, transportation, distribution, financial support or otherwise facilitate large scale drug trafficking. Our ultimate objective is to dismantle these organizations so that reestablishment of the same criminal organization is impossible.
DEA, through the utilization of its Priority Drug Targeting Organization (PDTO) Program, identifies and targets the most significant drug trafficking organizations operating at the International, National/Regional and Local levels. This is in keeping with DEA’s mission to combat drug trafficking at all levels. DEA’s PDTO program is more expansive than CPOT, since it also includes local and regional drug organizations significantly impacting the drug supply in its 21 nationwide field divisions. PDTO investigations utilize intelligence derived from on-going PDTO and related investigations to identify major drug trafficking organizations to include the organization’s distribution network, structure, and members in order to target the highest level of the organization. The objective of each PDTO investigation is to disrupt/dismantle the identified organization; arrest the organization’s leaders, distributors, importers, and facilitators; and seize and forfeit all assets associated with the organization. DEA management has directed that all PDTO investigations be coordinated with appropriate DEA Field Divisions to include the Special Operations Division (SOD), DEA’s Country Offices, and other Federal, State, and Local Law Enforcement agencies.
The FBI also focuses on the domestic cells of international drug trafficking criminal enterprises that have the most adverse impact on U.S. national interests. These criminal enterprises have previously been included on the FBI’s National Priority Target List (NPTL), which the FBI will discontinue so as to track its targets through the CPOT list. The FBI’s contribution to the CPOT will be based upon crime surveys and threat assessments conducted by its field offices. Field offices will be required to expand the scope of their drug investigations and attempt to link them to the national and international criminal enterprises on the CPOT list.
Performance Measure: Disrupted/Dismantled Priority Drug Trafficking
Organizations Operating within the U.S. (PDTOs) [DEA] Note: Prior Year actual
data have been revised. This data was originally drawn from a new system still
in the process of being validated. A thorough review revealed that there had
been some inadvertent duplication that has now been eliminated.
DEA’s accomplishments in the latter half of FY 2001 and FY2002 reflect a new program that initially included many PDTOs near completion for dismantlement. In the future, PDTO disruptions and dismantlements will level off.
Performance Measure: Dismantled Drug Trafficking Organizations
Foreign intelligence operations directed against the United States reflect the complexity and fluidity of the new world order. While the national goals of any traditional rivals have changed, their capabilities and willingness to target traditional objectives, such as national defense information, plans and personnel, have not. At the same time, many of these rivals have increased their activities in other sectors affecting our national interests, such as in economic competitiveness. They join a formidable array of other foreign powers jockeying for economic or political preeminence, the success of whom is dependent upon effective intelligence operations directed against the United States.
Foreign intelligence threats can never be eliminated given that their origin and impetus lie primarily with sovereign states. They are planned, authorized, and financed by government entities beyond our boundaries and beyond the reach of our laws. Measures of success in these areas gauge the Department’s capacity to detect potential hostile activities by foreign powers against the United States. The FBI analyzes its record at preventing and defeating these hostile activities in comparison to the best available estimates of the magnitude of foreign intelligence operations.
Performance Measure: Defeat Intelligence Operations – Foreign
Counterintelligence Convictions [FBI]
STRATEGIC GOAL 3: Prevent and Reduce Crime and Violence by Assisting State, Tribal, Local, and Community-Based Programs
27% of the Department’s Net Costs support this Goal.
The FBI’s Combined DNA Index System (CODIS) began as a pilot project in 1990 serving 14 state and local laboratories. The DNA Identification Act of 1994 authorized the FBI to establish a national DNA database for law enforcement purposes. The Act authorizes the FBI to store the following types of DNA data from federal, state, and local law enforcement entities in its national index: DNA identification records of persons convicted of crimes; analyses of DNA samples recovered from crime scenes; analyses of DNA samples recovered from unidentified human remains; and analyses of DNA samples voluntarily contributed from relatives of missing persons. In 2000, the FBI was authorized to receive DNA profiles from federal convicted offenders and to store these profiles in a national Federal Convicted Offender index with the other four CODIS indexes.
FBI’s National DNA Index System (NDIS) became operational during October 1998 and represents the highest-level database in CODIS. NDIS allows participating federal and state laboratories to exchange DNA profiles and perform interstate searches on a weekly basis. Plans are to redesign CODIS and NDIS to allow for immediate uploading and searching upon demand and scalability of up to 50 million DNA profiles.
Performance Measure: Total Number of Investigations Aided by
the National DNA Index System (NDIS) [FBI]
According to the latest Bureau of Justice Statistics data published in May
2000, an estimated 417,000 local jail inmates (70% of all jail inmates) had
been arrested for, or convicted of, a drug offense or had used drugs regularly.
Thirty-six percent were under the influence of drugs at the time of the offense,
and 16% said they committed their offenses to get money for drugs. These facts
demonstrate that the demand for drug treatment services is tremendous. OJP
has a long history of providing drug-related resources to its constituencies
in an effort to break the cycle of drugs and violence by reducing the demand,
use, and trafficking of illegal drugs.
OJP’s Residential Substance Abuse Treatment (RSAT) for State Prisoners Program is a formula grant program that assists states and units of local government in developing and implementing these programs within state and local correctional and detention facilities in which prisoners are incarcerated for a period of time sufficient to permit substance abuse treatment (6 - 12 months).
Performance Measure: Number of Offenders Treated for Substance
Abuse Annually (RSAT) [OJP]
Background/Program Objectives: The Air Transportation Safety and System Stabilization Act of 2001 (P.L. 107-42) created the September 11th Victim Compensation Fund to provide compensation to those physically injured or to personal representatives of those killed as a result of the terrorist attacks of September 11, 2001. The program is administered by a Special Master appointed by the Attorney General, and the Special Master began processing claims for initial benefits on December 21, 2001, following issuance of an Interim Rule. The Final Rule was issued on March 13, 2002. The Special Master and his staff receive administrative support from the Department's Civil Division for such functions as contract administration, personnel and payroll activities, and obligations processing. Payments are certified by the Justice Management Division. Also, the program uses contract services to perform outreach and to review, track, and process claims.
Discussion of Accomplishments: This program does not have published performance measures or targets in the Department’s annual performance plan; however, through FY 2002, 728 claims for compensation were submitted, and benefits were paid totaling $20,200,400.
As crime and the fear of crime rose in the 1970s and 1980s, it became apparent that the traditional law enforcement response was not effective. Police were reacting to crime, rather than preventing it and communities felt law enforcement was unresponsive to their concerns.
A few cities began experimenting with community involvement in solving problems and addressing the conditions that lead to crime. They found it surprisingly effective. As the practice grew and developed, it came to be known as community policing.
The COPS Office has three primary objectives: reduce the fear of crime; increase community trust in law enforcement; and contribute to the reduction in locally-identified, targeted crime and disorder. Community policing rests on three primary principles: 1) continuous community-law enforcement partnership to address issues in the community; 2) a problem-solving approach to the causes of crime and disorder; and 3) sustained organizational change in the law enforcement agency that decentralizes command and empowers front-line officers to build partnerships in the community and address crime and disorder using innovative problem-solving techniques.
Under the COPS Office hiring grant programs (the Universal Hiring Program (UHP), Making Officer Redeployment Effective (MORE), COPS in Schools (CIS), and Indian Country programs), awards were based on a jurisdiction’s public safety needs and its ability to sustain the financial commitment to deploy additional community policing officers beyond the life of the grant. The number of officers that are ultimately deployed can decrease from the initial award estimate based on many factors including: the success of a jurisdictions’ officer recruitment efforts; the actual availability of local matching funds (which can vary from initial estimates based on funding appropriated by local governments); a change in a project’s scope; and the number of officers that successfully complete academy training.
Performance Measure: New Police Officers Funded [COPS]
STRATEGIC GOAL 4: Protect the Rights and Interests of the American People by Legal Representation, Enforcement of Federal Laws, and Defense of U.S. Interests
3% of the Department’s’ Net Costs support this Goal.
The Civil Rights Division (CRT) works with the FBI and the U.S. Attorneys to prosecute cases of national significance involving the deprivations of Constitutional liberties that cannot be, or are not, sufficiently addressed by state or local authorities. These include acts of bias-motivated violence; misconduct by local and federal law enforcement officials; violations of the peonage and involuntary servitude statutes that protect migrant workers and others held in bondage; criminal provisions which prohibit conduct intended to injure, intimidate, or interfere with persons seeking to obtain or to provide reproductive health services; as well as a law that proscribes interference with persons in the exercise of their religious beliefs and the destruction of religious property. The federal criminal civil rights statutes provide for prosecutions of conspiracies to interfere with federally protected rights, deprivation of rights under color of the law, and the use of threat or force to injure or intimidate persons in their enjoyment of specific rights.
Performance Measure: % Successful Civil Rights Prosecutions