The Department of Justice plays the Nation's key role in the protection against criminals and subversion; in ensuring healthy competition of business in our free enterprise system; in safeguarding the consumer; and in enforcing drug, immigration, and naturalization laws. The Department also plays a significant role in protecting citizens through its efforts for effective law enforcement, crime prevention, crime detection, and prosecution and rehabilitation of offenders.
Moreover, the Department conducts all suits in the Supreme Court in which the United States is concerned. The Department represents the Federal Government in legal matters generally, by rendering legal advice and opinions, upon request, to the President and to the heads of the executive departments. The Attorney General supervises and directs these activities, as well as those of the U. S. Attorneys and U. S. Marshals in the various judicial districts around the country.
In Fiscal Year (FY) 1996, the Department of Justice administered over $17.5 billion in funding to support the Department's programs. This level of funding represents a $3.8 billion increase over the Department's FY 1995 funding level. The funding level is consistent with the priority the President has placed on the Federal Government's anti-crime efforts. The responsibilities of the Department are wide-ranging. Some of the responsibilities are to:
Under the direction of the Attorney General, as shown on the organization chart, these
responsibilities are discharged by the following principal components of the Department:
|Attorney General||U. S. Parole Commission|
|Deputy Attorney General||Foreign Claims Settlement Commission|
|Associate Attorney General|
|Office of the Solicitor General||
|Office of Legal Counsel|
|Office of Legislative Affairs||Antitrust Division|
|Office of Professional Responsibility||Civil Division|
|Office of Policy Development||Civil Rights Division|
|Office of Public Affairs||Criminal Division|
|Office of Pardon Attorney||Environment and Natural Resources Division|
|Office of the Inspector General|
|Community Relations Service||Tax Division|
|Executive Office for U. S. Attorneys||Justice Management Division|
|INTERPOL - U. S. National Central Bureau|
|Office of the Independent Counsel||
|Office of Intelligence Policy and Review|
|Executive Office for Immigration Review||Federal Bureau of Investigation|
|Executive Office for U. S. Trustees||Federal Prison System|
|Office of Community Oriented Policing Services||Drug Enforcement Administration|
|Immigration and Naturalization Service||Office of Justice Programs|
|U. S. Marshals Service|
B. Departmental Reporting Entity
Under Title IV of the Government Management Reform Act (GMRA) of 1994, the head of each executive agency, including the Department of Justice, shall prepare and submit to the Director of the Office of Management and Budget (OMB) audited financial statements for the preceding fiscal year, covering all accounts and associated activities of each office, bureau and activity of the agency. Each audited financial statement shall reflect: 1) the overall financial position of the agency, including assets and liabilities thereof; and 2) the results of operations for the agency.
Under the direction of the Acting Chief Financial Officer, the Assistant Attorney General for Administration (AAGA), the Justice Management Division (JMD) prepares the Department's financial statements. The Office of the Inspector General (OIG) provides for audits of the statements. The Attorney General submits the audited financial statements to the Director of OMB.
The Department FY 1996 financial statements consist of a single Department-wide consolidated financial statement supported by separate audited financial statements for each of the following Department reporting entities:
Asset Forfeiture Program (AFP) (administered by the JMD)
Working Capital Fund (WCF) (administered by the JMD)
Offices, Boards and Divisions (OBDs) and U. S. Marshals Service (administered by the JMD)
Drug Enforcement Administration (DEA)
Federal Bureau of Investigation (FBI)
Federal Prison System (FPS) (collectively the Bureau of Prisons and the Federal Prison Industries)
Immigration and Naturalization Service (INS)
Office of Justice Programs (OJP)
The Chief Financial Officer for each of the participating components, such as the DEA, FBI, FPS, INS and OJP, and the JMD for the AFP, WCF and OBDs and the U. S. Marshals Service, will define the reporting entity of the component and prepare and submit the component's audited financial statement to the AAGA.
C. Offices, Boards and Divisions and U.S. Marshals Service Financial
As defined by the AAGA, the OBDs and the U. S. Marshals Service reporting entity comprises the following groups of components of the Department:
U. S. Attorneys
U. S. Trustees
U. S. Marshals Service
Executive Office for Immigration Review
The FY 1996 financial statements for the OBDs and the U. S. Marshals Service reporting entity consist of a single consolidated financial statement supported by separate consolidating financial statements, which include inter-component elimination adjustments, encompassing the above referenced components of the OBDs (see the shaded areas of the Department organization chart). For financial statement purposes, each OBD appropriation and receipt, clearing and suspense account was grouped along major groupings of components listed above.
U. S. Department of Justice
Shaded offices are reflected in OBDs and the U. S. Marshals Service financial statements.
The FY 1996 budget for the OBDs and the U. S. Marshals Service is approximately $4.5 billion. The following chart exemplifies the ten largest direct budget authorities, by component, according to the availability breakdown:
FY 1996: Ten OBD/U. S. Marshals Components with the Largest Direct Budget Authorities
|Component||Direct Budget Authority (in thousands)||% of Total Budget Authority|
|Community Oriented Policing Services||$ 1,399,980||31.00%|
|U.S. Marshals Service||890,622||19.72%|
|Organized Crime Drug Enforcement||359,843||7.97%|
|U. S. Trustees||103,181||2.28%|
|Civil Rights Division||64,546||1.43%|
Source: Department of Justice 1996 Available Budget Authority
Note: Violent Crime program monies considered separately.
D. Missions and Programs
The following paragraphs and illustrations detail the programs and goals under each of the components in the same order as presented in the financial statements: U. S. Attorneys, U. S. Trustees, U. S. Marshals Service, Executive Office for Immigration Review, Legal Activities, and General Programs.
1. U. S. Attorneys - The U. S. Attorneys, under the direction of the Attorney General, serve as the Nation's principal litigators and represent the Government in each of the Nation's 94 judicial districts. U. S. Attorneys are appointed by, and serve at the discretion of, the President of the United States, with advice and consent of the U. S. Senate. One U. S. Attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where a single U. S. Attorney serves in both districts. Each U. S. Attorney is the chief Federal law enforcement officer of the United States within his or her particular jurisdiction. The U. S. Attorneys conduct most of the trial work in which the United States is a party and have the following statutory responsibilities:
a. The prosecution of criminal cases brought by the Federal Government.
b. The prosecution and defense of civil cases in which the United States is a party.
c. The collection of debts owed the Federal Government which are administratively uncollectible.
The U. S. Attorneys' FY 1996 availability encompassed a direct budget authority of $909.7 million incorporating 8,622 Full-Time Equivalents (FTEs) and a violent crime reduction budget authority of $29.9 million and 240 FTEs. The U. S. Attorneys accomplishments during FY 1996 include:
- Filed 6,178 criminal cases against 8,291 violent offenders under the Anti-Violent Crime Initiative. A total of 6,124 cases against 8,197 violent crime defendants terminated, with 86% of these defendants convicted.
- Filed 6,083 white collar crime cases against 9,606 defendants. Eighty-seven percent of the 8,722 defendants whose cases were terminated during the year were convicted.
2. U. S. Trustees - The U. S. Trustees supervise the administration of bankruptcy cases and private trustees in the Federal Bankruptcy Courts. The Bankruptcy Judges, U. S. Trustee, and Family Farmer Bankruptcy Act of 1986 expanded the original pilot trustee program of 1978 from a 10-region, 18 Federal judicial district program to a 21 region, nationwide-program encompassing 88 judicial districts. The program is funded through the U. S. Trustee System Fund (which consists of fees assessed against those invoking the protections of the bankruptcy laws). The program does not require any monies from the general fund of the Federal Government. The general goals of the U. S. Trustees are to:
a. Assure that bankruptcy cases are administered with dispatch and that all parties comply with their legal obligations.
b. Assure that the cost of administering bankruptcy cases is appropriately monitored, assets are not dissipated, and distributions to creditors are maximized.
c. Assure that private trustees adhere to fiduciary standards and observe consistent national procedures and policies to assure that violations of applicable criminal laws are referred to law enforcement and regulatory agencies.
The U. S. Trustees FY 1996 availability included a $76.8 million direct budget authority and 725 FTE for salaries and expenses, and a $26.4 million direct authority and 357 FTE for U. S. Trustees Fees.
3. U. S. Marshals Service - The offices of the U. S. Marshal and Deputy Marshals were created by the first Congress in 1789. The Marshals were given extensive authority to support the Federal courts within the 13 judicial districts and to carry out all lawful orders issued by judges, Congress, or the President. Today, the Federal Government is represented by a U. S. Marshal in each of the 94 judicial districts. The primary mission of the U. S. Marshals Service entails the responsibility for the protection of the Federal judiciary, protection of witnesses, execution of warrants and court orders, management of seized assets, and custody and transportation of unsentenced prisoners. In addition to the U. S. Marshals managed jail space, the U. S. Marshals Service is the principal support force in the Federal judicial system and an integral part of the Federal law enforcement community. Programs supported by the U. S. Marshals Service include the following:
a. Support of U. S. Prisoners - The U. S. Marshals Service is responsible for maintaining the custody of all Federal detainees in the Federal judicial system, from the point at which a prisoner is initially brought into Federal custody, through the entire trial process, and ending when a prisoner is acquitted or arrives at a designated Bureau of Prisons facility to serve sentence. In addition to U. S. Marshals Service managed space, the U. S. Marshals Service contracts with State and local jails to board Federal prisoners and detainees for short periods of time. The availability for the Support of U. S. Prisoners program for FY 1996 was a direct budget authority of approximately $265.8 million with no FTEs.
b. Fees and Expenses of Witnesses - The Fees program entails the payment of fees and expenses to witnesses who appear on behalf of the Government in litigation in which the United States is a party. The FY 1996 availability for the Fees and Expenses of Witnesses entails a direct budget authority of $82.9 million and no FTEs. There are five situations covered by this program:
i. Fact and Expert Witnesses - Payment of fees and expenses associated with the preparation and presentation of testimony on behalf of the United States for fact witnesses who testify as to events or facts about which they have personal knowledge, and for expert witnesses, who provide technical or scientific testimony.
ii. Protection of Witnesses - Payment of subsistence costs to ensure the safety of Government witnesses whose testimony on behalf of the United States places them or their families in jeopardy.
iii. Victim Compensation Fund - Payment of restitution to any victim of a crime committed by a protected witness who causes or threatens death or serious bodily injury.
iv. Private Counsel - Payment of private counsel retained to represent Government employees who are sued for actions taken while performing their official duties.
v. Superior Court Informant Protection - Payment for the short term protection and temporary relocation of informants for the District of Columbia Superior Court.
c. Seized Asset Management - The mission of the Seized Asset Management Program is to maximize the effectiveness of forfeiture as a deterrent to crime. In pursuit of this mission, the Asset Forfeiture Program is committed to the following:
i. Effectively destroying and immobilizing criminal organizations by depriving drug traffickers, racketeers and other criminal syndicates of their ill-gotten proceeds and the instruments of their illegal trade.
ii. Enhancing law enforcement and intergovernmental cooperation among Federal, foreign, State and local law enforcement agencies through the equitable sharing of forfeiture proceeds.
The Seized Asset Management Program is not a part of the OBDs and U. S. Marshals Service reporting entity. This program is audited separately with the Asset Forfeiture Program.
d. Court Security - The principal mission of the Court Security program of the U. S. Marshals Service entails protecting Federal judges, court officials, witnesses, and jurors. The FY 1996 availability for Court Security includes a direct budget authority of $118 million and 23 FTEs. In the 94 districts, this encompasses the following activities:
i. Ensuring security and maintaining decorum within the courtroom itself.
ii. Providing personal protection for judicial officers, witnesses and jurors away from the court facilities when warranted.
4. Executive Office for Immigration Review - The Executive Office for Immigration Review (EOIR) was established January 1, 1983, to improve the immigration hearing and appeal process and provide a uniform interpretation and application of immigration law to ensure fair treatment for all involved parties. EOIR functions include immigration hearings, review of immigration hearings and employment discrimination, document fraud and employer sanction hearings. The Office's goals are to:
a. Decide all immigration cases for which EOIR is responsible in a careful and timely fashion, including cases involving detained aliens, criminal aliens and aliens seeking asylum as a form of relief from deportation or exclusion, while ensuring the standards of due process and fair treatment for all parties involved.
b. Fully implement the case processing and adjudication provisions of the Comprehensive Asylum Reform Initiative.
c. Fully implement the case processing goals of the Expedited Deportation of Criminal Aliens Initiative, rendering decisions in all criminal alien cases prior to each alien's release from incarceration.
d. Increase productivity by streamlining procedures and implementing management improvements.
The Executive Office for Immigration Review FY 1996 availability included a budget appropriation of a $37.4 million appropriation and 296 FTEs, and a violent crime reduction program budget authority of $47.7 million and 566 FTEs.
An example of the Executive Office for Immigration Review's FY 1996 activities include receiving a total of 82,615 asylum cases for review, handling the cases in a timely manner, meeting the 180-day time frame goal in over 95 percent of the cases.
5. Legal Activities - For the purpose of these financial statements, the offices, boards and divisions covered under Legal Activities consists of the following: General Legal Activities, which includes the Office of the Solicitor General, Tax Division, Criminal Division, Civil Division, Environmental and Natural Resources Division, Office of Legal Counsel, Civil Rights Division and INTERPOL, Independent Counsel, Antitrust, Community Relations Service, Foreign Claims Settlement Commission, U. S. Parole Commission and the Office of the Pardon Attorney.
a. Office of the Solicitor General - The Solicitor General represents the Federal Government in cases before the U. S. Supreme Court. The Solicitor General decides cases the Government should ask the Supreme Court to review and what position the Government should take in the cases before the court. The Solicitor General supervises the preparation of the Government's Supreme Court briefs and other legal documents and the conduct of the oral arguments in the Court. The Solicitor General argues most of the Government's cases in the Supreme Court and meets all filing dates of cases before the Supreme Court. The FY 1996 availability of the Solicitor General's Office included a $6 million budget authority and 50 FTEs.
b. Tax Division - The Tax Division represents the United States and its Federal officials in all civil and criminal litigation arising under the internal revenue laws, other than proceedings in the U. S. Tax Court. While the Division's primary client is the Internal Revenue Service, the Division also represents Federal officials and employees in actions arising out of the performance of their official duties, and other Federal departments and agencies in their dealing with state and local tax authorities. The FY 1996 resources of the Tax Division included $59.4 million in budget appropriations and 603 FTEs. The objectives of the Tax Division are:
i. To promote the fair, correct, and uniform enforcement of the Federal tax laws in the nation's trial and appellate courts.
ii. To foster the public's voluntary compliance with the tax laws through vigorous criminal prosecution of individual and corporate taxpayers that violate Federal tax laws.
iii. To enhance collection by the U. S. Treasury of tax debts.
iv. To assist in the development of Federal tax policy by analyzing proposed legislation that affects civil litigation, appeals, and criminal prosecutions arising under the Internal Revenue Code and by maintaining high quality relationships with the Internal Revenue Service, the Department of the Treasury, and components within the Department of Justice, including the U. S. Attorneys' Offices.
c. Criminal Division - The Criminal Division develops, enforces and exercises general oversight for Federal criminal laws, except those assigned to other divisions. The Division and the 94 U. S. Attorneys oversee criminal matters under more than 900 statutes; supervise certain civil litigation; advise the Attorney General on matters concerning criminal law; monitor sensitive areas of criminal law requiring coordination, such as attorney subpoenas, attorney fee forfeitures, and international law enforcement; establish and facilitate the implementation of criminal law enforcement policies; provide leadership for coordination of Federal-State-local law enforcement relationships; and coordinate law enforcement issues relating to national security. The Criminal Division's FY 1996 availability included a budget appropriation of $79.6 million and 735 FTEs. The Criminal Division's goals are to:
i. Reduce the availability and abuse of illegal drugs through traditional and innovative enforcement efforts.
ii. Reduce violent crime, including organized crime and gang-related violence.
iii. Identify and neutralize the activities of foreign and domestic entities that endanger national security, including domestic terrorism and espionage, through effective counterterrorism and counterintelligence programs.
iv. Direct and coordinate the Federal effort against white-collar crime, with a focus on fraud involving government programs, financial institutions, procurement, and health care.
v. Implement and coordinate a nationwide program to ensure the integrity of both public office and the electoral system at the Federal, State, and local levels of government.
vi. Coordinate the investigation and prosecution of violations of Federal obscenity and child pornography laws.
vii. Ensure the appropriate use of the most sensitive investigative tools available to the investigative agencies in their conduct of criminal investigations.
viii. Develop, coordinate and implement, through litigation, nationwide policies and programs regarding the seizure and forfeiture of the assets and profits of criminals and criminal groups and actively prohibit the money-laundering process of illegal drug proceeds through a program of relentless investigative and prosecutorial operations.
ix. Coordinate and integrate Department of Justice law enforcement activities wherever possible, and cooperate fully with other Federal agencies that are critically linked to improve operation of the Nation's justice system.
Examples of Criminal Division's activities during FY 1996 include:
- Providing legal support and helping to coordinate the Unabom investigation and the activities of the Unabom trial team.
- Working closely with U. S. Attorneys' offices in numerous prosecutions of individuals spying for foreign powers.
d. Civil Division - The Civil Division represents the interests of the United States, its departments and agencies, Cabinet officers and other Federal employees. The Division's litigation reflects the diversity of government activities, involving, for example, the defense of challenges to Presidential actions, national security issues, benefit programs, energy policies, commercial issues such as contract disputes, banking insurance, patents, fraud, and debt collection, all manner of accident and liability claims, and criminal violations of the immigration and consumer protection laws. The Division confronts significant policy issues, which often rise to constitutional dimensions, in defending and enforcing various Federal programs and actions. The Civil Division seeks to ensure that the Federal Government speaks with one voice with respect to its view of civil law while serving the diverse interests of client agencies it represents. This balance is gained by either personally handling or by coordinating and monitoring all litigation within the Civil Division's purview. The Civil Division's FY 1996 availability includes a budget appropriation of $132.5 million and 956 FTEs, and a violent crime reduction program availability of $7.6 million and 58 FTEs. The Division's goals are to:
i. Prevail on behalf of the United States in civil litigation in defense and in assertion of Federal programs and policies.
ii. Protect the U. S. Treasury against unwarranted monetary claims by winning lawsuits and obtaining favorable settlements.
iii. Promote statutory reforms that make civil laws understandable and meaningful to the American people.
Examples of the Civil Division's activities in FY 1996 include:
- Working with the U. S. Attorneys and winning judgments and settlements of $318 million in civil fraud cases.
- Continued battling procurement fraud in the defense industry and fraud in the pharmaceutical and health care industries.
e. Environment and Natural Resources Division - The Environment and Natural Resources Division is the nation's environmental lawyer. The Division is responsible for litigation at the frontiers of law, ranging from protection of endangered species, to global climate change, to cleaning up the nation's hazardous waste sites. Nearly one-half of the Division's lawyers are involved in enforcing the nation's civil and criminal environmental laws in order to protect its citizens' health and environment. The Division defends environmental challenges to government programs and activities and represents the United States in all matters concerning the protection, use, and development of the Nation's natural resources and public lands, wildlife protection, Indian rights and claim, and the acquisition of Federal property. FY 1996 availability includes a budget appropriation of $58 million and 476 FTEs. The goals of the Environment and Natural Resources Division are to:
i. Protect the natural environment and our citizens.
ii. Enforce the law fairly and effectively to assure a clean environment.
iii. Maintain and promote a sound level of statutory environmental protections.
iv. Further the United States' trust responsibilities for Indian tribes.
v. Protect the public fiscal trust.
vi. Defend the government's pollution abatement programs.
vii. Acquire Federal land in a fair and efficient manner.
The Environment and Natural Resources Division's FY 1996 activities include successfully defending an Environmental Protection Agency rule requiring disclosure of 286 new chemical releases in an effort to protect the public's right to know about the releases of toxic substances in their communities.
f. Office of Legal Counsel - The Office of Legal Counsel assists in the Attorney General's role as legal adviser to the Executive Branch, and provides timely, thorough and reliable legal advice in response to requests from the President, the White House staff through the Counsel to the President, the Attorney General, Justice Department components and Executive Branch agencies. The Office drafts legal opinions of the Attorney General rendered in response to requests from the President and heads of the executive departments. The Office provides written opinions and informal advice in response to requests from the various agencies of the Government as well as offices within the Department and from Presidential staff and advisors. The FY 1996 availability included $4.1 million in direct budget authority and 41 FTEs. The organizational goals of the Office of Legal Counsel are to:
i. Provide general legal advice to the President and Executive Branch.
ii. Resolve intra-Executive Branch disputes over legal questions.
iii. Advise other Department components where litigation or proposed legislation raises constitutional issues or other issues of general concern to the Executive Branch.
iv. Testify and prepare testimony in connection with pending legislation of interest to the Department and the Administration, and to assist in the drafting of legislation.
v. Approve the form and legality of Executive Orders and Orders of the Attorney General.
g. Civil Rights Division - The Civil Rights Division vindicates the constitutional and Federal rights of persons who have been subjected to discrimination on the basis of race, color, gender, disability, religion, familial status, and national origin and, in so doing, to deter others from engaging in discrimination. The FY 1996 availability for the Civil Rights Division included $64.5 million in direct budget authority and 579 FTEs. The general objectives of the Civil Rights Division are to:
i. Significantly reduce police and other official criminal misconduct and to eliminate or substantially reduce violent activity by private citizens (including organized hate groups) against others because of their race, religion, national origin, or gender.
ii. Prevent and eliminate systemic barriers to the full participation in the electoral process.
iii. Eliminate discrimination in employment, housing opportunities and credit transactions, and educational opportunities.
iv. Protect the constitutional and statutory rights of institutionalized persons.
v. Ensure that public services, programs and activities do not discriminate on the basis of disability and to ensure that public accommodations are available to persons with disability.
vi. Eliminate immigration-related unfair employment practices.
h. INTERPOL - United States National Central Bureau - The INTERPOL Office provides the communication link between the U. S. Federal, State and local law enforcement community and the 176 member nations of the International Criminal Police Organization (INTERPOL). The INTERPOL mission is to provide criminal police organizations with a vehicle to communicate globally. The FY 1996 INTERPOL availability included a direct budget authority of $6.4 million and 64 FTEs. The general goals and objectives for the Office are to:
i. Ensure the rapid communication of investigative leads from the U. S. Federal, State, and local law enforcement agencies to the appropriate INTERPOL member.
ii. Assist U. S. Federal, State and local law enforcement agencies by issuing INTERPOL lookouts, updating law enforcement databases, and providing investigative leads from INTERPOL National Central Bureaus.
iii. Provide an international forum for law enforcement officers to use for the free exchange of ideas to fight crime globally through conferences, and working meetings.
An example of INTERPOL's activities during FY 1996 include the passage of several resolutions during the 65th INTERPOL General Assembly session regarding the protection of children and the fight against their exploitation.
i. Independent Counsel - Independent Counsels are appointed to investigate allegations of senior Executive branch officials violating Federal law. The FY 1996 availability for the Office of the Independent Counsel includes a budget authority of $13.5 million and no FTEs. The organizational goals of this program are to:
i. Investigate allegations of misconduct by high-level officials of the Executive branch whenever a preliminary investigation by the Attorney General results in an application for appointment of an Independent Counsel.
ii. Conduct proceedings before grand juries and other investigations.
iii. Review all documentary evidence from any source.
iv. Initiate and conduct prosecutions in any court of competent jurisdiction, including the framing and signing of indictments, the filing of information, and the handling of all aspects of cases.
j. Antitrust Division - The Antitrust Division provides vigorous, effective and cost-efficient enforcement of the antitrust laws. The antitrust laws help consumers enjoy the benefits of free and open competition by outlawing certain types of business conduct, such as price fixing, bid rigging and monopolization, and by prohibiting mergers and other business acquisitions that are likely to lessen competition. The Division seeks to prevent antitrust violations by providing information concerning the antitrust laws and our enforcement policies to the public and business community through speeches and the publication of business review letters, guidelines and policy statements. The Division appears before Federal regulatory agencies to advocate more competition and less regulation, advise other Executive Branch departments and agencies on antitrust and competition issues, and provide recommendations to Congress on legislation that affects competition. The Antitrust Division FY 1996 availability included a $17.5 million direct budget authority and 159 FTEs, as well as, $67.6 million in direct budget authority and 619 FTEs for the Pre-Merger Filing Fees program.
Major activities of the Antitrust Division during FY 1996 entail:
- Filing 42 criminal cases against 41 corporations and 22 individuals and issuing $26.8 million in criminal antitrust fines in these cases.
- Investigating 235 mergers, compared with 134 merger investigations in FY 1995.
k. Community Relations Service - For 30 years, the Community Relations Service (CRS) has provided services directly to communities as they struggle with racial and ethnic conflicts and tensions. The CRS provides assistance in preventing and resolving disputes and difficulties arising from discriminatory practices based on race, color, or national origin which impair the rights of citizens or which disrupt or threaten to disrupt peaceful relations among citizens. During 1996, responsibility for the reception, processing, resettlement and care for Cubans and Haitians who entered the U. S. in 1980 and each year thereafter, and who subsequently have been detained by the Immigration and Naturalization Service for undocumented or unauthorized entry into the U. S., was transferred from the CRS to the INS under Public Law 104 -134. The FY 1996 availability for the Community Relations Service Conflict Resolution program included $8.6 million in direct budget authority and 41 FTE. The CRS' on-going casework addresses several themes such as:
i. Collaborating with other agencies to strengthen communities and families.
ii. Expanding the use of alternative dispute resolution.
iii. Enhancing recognition of the value of diversity and support for racial and ethnic harmony in an increasingly diverse society.
l. Foreign Claims Settlement Commission - The Foreign Claims Settlement Commission protects the rights of U. S. citizens abroad and promotes the international rule of law through adjudication of claims by U. S. nationals against foreign governments. The Commission provides continuing informational services to claimants (and, where applicable, their legal successors) with regard to the 43 completed international and war claims programs it has conducted. The Commission provides advice on policy determinations, preliminary planning, and evaluation of proposed legislation intended to authorize adjudication of claims of new categories of claimants, and liaison with Congressional committees considering such legislation. The Foreign Claims Settlement Commission FY 1996 availability included $829 thousand in direct budget authority and 9 FTEs.
m. U. S. Parole Commission - The U. S. Parole Commission makes decisions on grants and denials of parole, conditions of parole, supervision of parolees and mandatory releases, recommittal in event of violation of conditions of supervision, and termination of supervision. The original legislation provided for the Parole Commission to be phased out by November 1992, however the Judicial Improvement Act of 1990 extended the life of the Commission to November 1, 1997. Subsequent legislation approved by Congress in September of 1996, further extended the life of the Commission until such time as the remaining numbers of "old law" prisoners are small enough for the paroling function to be transferred to an office under the Attorney General. The U. S. Parole Commission's FY 1996 availability included a $5.4 million direct budget authority and 62 FTE. The general goals and objectives of the Commission are to:
i. Establish, with the aid of statistical data, a national paroling policy and promote the consistent exercise of discretion in the paroling process, including the development and application of specific guidelines for decision-making so that the duration of terms of imprisonment throughout the Federal system will be equitable for those prisoners over whom the Commission has jurisdiction.
ii. Make fair decisions regarding the grant or denial of parole, which are fair to the prisoners and which adequately protect the public welfare, within specific time requirements for decisions established by law.
iii. Provide forceful supervision for released parolees and mandatory releases to enhance community protection and the rehabilitation of such released offenders.
iv. Modify promptly or revoke the parole or mandatory release of any individual who violates the conditions of release.
n. Office of the Pardon Attorney - The Office of the Pardon Attorney receives and reviews all Federal petitions for clemency, such as commutation of sentences and pardons. The FY 1996 availability for the Office of the Pardon Attorney included $1.5 million in direct budget authority and 14 FTE.
6. General Programs - The Attorney General of the United States is responsible for leading the Department of Justice in accomplishing its missions. The Attorney General is assisted by the Deputy Attorney General, Associate Attorney General, Department policy-level officials, the Justice Management Division and the Office of the Inspector General. For the purposes of these financial statements, the programs encompassed under General Programs include the following: General Administration, which entails Department Leadership, Executive Support, Intelligence Policy & Professional Responsibility and Justice Management Division, Office of the Inspector General and Community Oriented Policing Services. Descriptions and goals of the components that come under General Programs are as follows:
a. Department Leadership - Offices included in this program are the Office of the Attorney General, the Office of the Deputy Attorney General, and the Office of the Associate Attorney General. Some of the goals and objectives of this program are to:
i. Advise the President on Constitutional matters and legal issues involving the execution of the laws of the United States.
ii. Formulate and implement policies and programs that advance the administration of justice in the United States.
iii. Coordinate criminal justice matters with Federal, State, and local law enforcement and criminal agencies.
iv. Provide executive-level leadership in the continuing war on drugs, combat violent crimes, investigate and prosecute fraud and other white collar crimes, diminish prison overcrowding, protect our Nation's borders and enforce environmental and civil rights laws.
b. Executive Support - This program consists of the Offices of Policy Development (OPD), Public Affairs (OPA), and Legislative Affairs (OLA). These offices serve as the liaison between the Department and Congress, coordinating Department and Administration policy initiatives in the areas of civil and criminal justice, and ensuring that the public and the news media are kept informed about the activities and policies of the Department, the Attorney General, and the Administration in the fields of law enforcement and legal affairs. Some of the Executive Support's goals and objectives are to:
i. Improve the Department's effectiveness in providing substantive and timely input on the Administration's law enforcement initiatives and other legislative proposals affecting Department responsibilities.
ii. Improve the process of reviewing and clearing through the Department, legislative proposals initiated by other agencies within the Administration.
iii. Maintain an efficient and responsive legislative liaison service operation.
iv. Handle the processing of judicial and other nominations efficiently and responsively.
Activities undertaken by the Office of Policy Development include:
- Beginning the implementation of the Operation Drug TEST (Testing, Effective Sanctions and Treatment). In the Federal system, 25 districts will participate in a pilot program in which all criminal defendants will be tested for drug use either before or immediately after their first appearance in court.
c. Intelligence Policy & Professional Responsibility - This program consists of the Offices of Intelligence Policy and Review, and Professional Responsibility. These Offices are responsible for assisting the Attorney General and other senior Department and Executive Branch officials in ensuring that the national security-related activities of the United States are consistent with relevant law, and overseeing the investigation of allegations of criminal and ethical misconduct by the Department's attorneys, criminal investigators, or other law enforcement personnel. Some of the goals and objectives of this program are to:
i. Provide legal advice concerning intelligence and national security matters to the Attorney General and to other Executive Branch officials.
ii. Participate in the development of legal aspects of national security and intelligence policy.
iii. Prepare Federal Bureau of Investigation and other applications for intelligence searches and surveillance and approve other counterintelligence investigative activities.
iv. Represent intelligence agencies as legal counsel before the United States Foreign Intelligence Surveillance Court.
d. Justice Management Division - The Justice Management Division provides advice to senior Department officials and develops departmental policies in the areas of management and administration; ensures compliance by the Department components with departmental and other Federal policies and regulations; and provides a full range of management and administrative support services. General goals and objectives of the Justice Management Division are to:
i. Direct the Department's financial management operations, including control of the accounting for appropriations and expenditures.
ii. Effectively establish Department policy, advise the Department leadership, and represent the Department on all matters pertaining to its organization, management and administration.
iii. Submit request to OMB for apportionment or reapportionment deficiency notification, and make allotments to organizational components of the Department.
iv. Acquire quality, cost-effective automated systems and products that meet user needs and to manage and provide support for those systems.
v. Secure sufficient resources through budget and procurement processes and ensure sound fiscal management of those resources.
vi. Direct all administrative and security support, to the OBDs and the U. S. Marshals Service.
vii. Manage the Working Capital Fund (WCF) and the Asset Forfeiture Program (AFP). Financial statements for the WCF and AFP are prepared separate from the OBDs and the U. S. Marshals Service reporting entity.
The total FY 1996 availability for Department Leadership, Executive Support, Intelligence Policy and Professional Responsibility, Justice Management Division, and including the INS Management Oversight, entails a $75.2 million direct budget authority and 641 FTEs.
e. Office of the Inspector General - The Office of the Inspector General promotes efficient and effective management within the Department of Justice and detects and deters wrongdoing in its programs and operations by the use and coordination of investigative, inspection, and audit resources to:
i. Investigate violations of the laws and regulations pertaining to the Department for appropriate criminal prosecution, civil litigation, and administrative action.
ii. Conduct, report, and follow-up on financial audits of Departmental organizations, programs, contracts, grants, and other agreements.
iii. Conduct, report and follow-up on performance audits and inspections of programs and operations within or financed by the Department.
iv. Evaluate existing and proposed legislation and regulations affecting the prevention and detection of fraud, waste, and abuse in Department programs and operations.
v. Report to the Attorney General and the Congress on problems and deficiencies in the administration of Department and Department-financed programs and operations; and progress made in implementing recommended corrective actions.
The FY 1996 availability for the Office of the Inspector General included a direct budget authority of $31.4 million in appropriations and 298 FTEs.
f. Community Oriented Policing Services - The Office of Community Oriented Policing Services (COPS) is dedicated, through partnerships with communities, policing, and other public and private organizations, to the goal of improving significantly the quality of life in neighborhoods and communities throughout the Nation. This mission is accomplished by translating the concept of community policing into practice and action in order to reduce levels of violence, crime and disorder through the application of proven, effective programs and strategies. This is achieved through the COPS grants program whereby State and local governments are provided grants to place more uniformed officers on the street. The FY 1996 availability for COPS included $1.4 billion direct budget authority and 130 FTEs. The organizations goals are to:
i. Increase America's cops on the beat by 100,000.
ii. Promote community policing by supporting innovative strategies that foster community partnerships and problem solving.
iii. Reinforce partnerships and activities that will permanently sustain community policing.
iv. Evaluate and demonstrate the effectiveness of community policing to improve the quality of life by reducing the levels of disorder, violence, and crime in our communities.
Accomplishments of the COPS program during FY 1996 include the following:
- Grants to add or redeploy more than 29,000 police officers and sheriff's deputies were awarded to state and local law enforcement agencies for a total increase of over 52,000 in two years; halfway to the President's goal of 100,000 "cops on the beat" by the Year 2000.
- Forty-six million dollars was awarded to 336 communities to help make police organizations more responsive to domestic violence, to train officers, and to better use problem-solving methods in this area.
E. Performance Goals and Results
The Government Performance and Results Act of 1993 (GPRA, Public Law 103-62) was enacted to improve the public's confidence in the capability of the Federal Government through improvements in program effectiveness and accountability. GPRA requires agencies to develop strategic plans, set goals, measure performance, and report annually on actual performance compared to goals. As the Federal Government implements this legislation, these plans and goals will be integrated into: 1) the budget process; 2) the operational management of agencies and programs; and 3) accountability reporting to the public on performance results, and on the integrity, efficiency, and effectiveness with which they are achieved.
The Department of Justice is entering a third year of strong GPRA focus on performance measurement. The Department of Justice has 1) accomplished the integration of GPRA concepts (goal statements, performance indicators) into its internal budget processes and Congressional budgets; 2) developed and distributed handbooks and other guidance to assist program managers; and 3) established other sources of assistance (in-house training and technical assistance, outside consultant assistance) for indicator development work. The Department's main focus for the FY 1998 cycle is to identify those summary-level or key results-oriented performance data that can accurately and succinctly describe program accomplishments for an outside audience.
Office of Management and Budget (OMB) is using the FY 1998 budget cycle as a trial period to ensure that agencies will be in position to comply with GPRA requirements next year. This year's OMB Fall Budget Review will focus on the adequacy and relevance of performance goals and indicators included in agencies' annual performance plans.
The Department's Strategic Plan, currently under production, will set forth the broad strategic direction for the Department over the next five years. It will provide the long-range goals, strategies and performance indicators by which the Department will measure its progress and through which the public may hold it accountable.
F. Limitations of the Financial Statements
The financial statements have been prepared to report the financial position and results of operations of the OBDs and the U. S. Marshals Service of the Department of Justice, pursuant to the requirements of 31 U.S.C. 3515(b).
While the statements have been prepared from the books and records of the entity in accordance with the formats prescribed by OMB, the statements are in addition to the financial reports used to monitor and control budgetary resources which are prepared from the same books and records.
The statements should be read with the realization that they are for a component of the U. S. Government, a sovereign entity. One implication of this is that liabilities not covered by budgetary resources cannot be liquidated without the enactment of an appropriation, and that the payment of all liabilities other than for contracts can be abrogated by the sovereign entity.