DEPARTMENT OF JUSTICE
AT A GLANCE:
2006 Discretionary Budget Authority: $20.3 billion
(Increase from 2005: 1 percent)
Major Programs:
Combating terrorism
Drug enforcement
Firearms and explosives enforcement
Federal detention programs
Prosecuting corporate fraud, and other criminal and civil legal
activities
MEETING PRESIDENTIAL GOALS
Protecting America
Combating terrorism and strengthening the Nations intelligence.
Reducing illegal drugs by targeting the 42 most significant drug organizations.
Combating gun violence in the Nations communities through Project Safe Neighborhoods.
Providing additional Federal prison and detention capacity.
Supporting a Compassionate Society
Fighting child exploitation and maintaining support for missing childrens initiatives.
Supporting local law enforcement efforts to combat violence against women, provide victims
services, and expand the use of DNA to fight crime and to protect the innocent.
Assisting communities by helping ex-offenders re-enter and reintegrate into society.
Fighting human trafficking.
Making Government More Effective
Achieving $2 billion of savings from reduction and elimination of programs that fail to demonstrate
results.
193
194 DEPARTMENT OF JUSTICE
PROTECTING AMERICA
Combating Terrorism
The Presidents highest priority for the Department of Justice (DOJ) continues to be the detection,
prevention, investigation, and prosecution of terrorist attacks against U.S. citizens and interests.
In the past year, the Department made 1,428 counterterrorism-related arrests, and prosecuted and
obtained convictions in 497 terrorism-related and anti-terrorism cases. The 2006 Budget further
strengthens these counterterrorism efforts, and proposes significant funding increases for the Federal
Bureau of Investigation (FBI), the lead agency within DOJ for combating terrorism, to hire additional
agents and intelligence analysts, as well as provide increased support to its counterterrorism mission.
The FBI has received significant resource increases in recent years, with funding rising from $3.3
billion in 2001 to $5.1 billion in 2005. The Budget proposes $5.7 billion for the FBI in 2006, an
increase of 11 percent over 2005. This level would support 2,945 counterterrorism agents and 2,746
intelligence analysts at the Bureau.
2001 2002 2003 2004 2005 2006
0
1
2
3
4
5
6
FBI Funding Increases
Budget authority in billions
Supplemental Appropriation
Regular Appropriation
At the Presidents direction, since September
11, 2001, the FBI has undergone a
transformation in its priorities, as well as its
organization. First, the President set clear
goals to ensure that protecting the United
States from terrorist attacks was the FBIs
top concern. Second, the FBI has utilized the
vital tools of the USA PATRIOT Act to break
down the wall separating law enforcement
and intelligence functions, greatly improving
coordination and information sharing within
the Bureau. Third, the FBI established
a comprehensive intelligence program to
prevent terrorist attacks, an effort that
has been accelerated by the passage of the
Intelligence Reform and Terrorism Prevention Act of 2004. The 2006 Budget supports the FBIs
priorities and intelligence reform by providing new funding of $294 million for counterterrorism and
counterintelligence initiatives, and $117 million to bolster the intelligence program. These funding
initiatives will:
Increase the resources and agents dedicated to terrorism investigations.
Double the size of the FBIs Hostage Rescue Team.
Hire 500 additional intelligence analysts to assist in the war on terrorism.
Add $75 million for the Terrorist Screening Center, which consolidates terror screening watchlists
and supports Federal screeners worldwide, in addition to State and local law enforcement.
Increase the Foreign Language Program by $26 million to enhance the FBIs language translation
capability, especially for anti-terrorism efforts.
Expand the Legal Attaché program to augment the FBIs presence in other countries, especially
for counterterrorism efforts.
THE BUDGET FOR FISCAL YEAR 2006 195
The FBIs Hostage Rescue Team (HRT) is an elite special
counterterrorism tactical unit trained to respond in extraordinary
situations, such as hostage rescue, high-risk arrests and searches, and
weapons of mass destruction events. Recent HRT deployments have
included Iraq, Afghanistan, the 2004 Summer Olympic Games, and the
Presidential Inauguration. The 2006 Budget provides $24 million in
new funding to address HRTs growing tactical responsibilities in crisis
response situations. It also provides an additional $10 million for the
FBI to begin planning a new facility for HRT and its assets.
The 2006 Budget provides $3.1 billion in
homeland security-related funding for DOJ
programs. In addition to the counterterrorism
programs of the FBI and the Terrorist
Screening Center, the Budget also includes
funding for terrorism-related prosecution
and detention, funds for converting older
technology mobile radio and other systems to
digital, narrowband communications, as well
as State and local assistance programs such
as the Regional Information Sharing System,
USA Freedom Corps, and State and Local
Anti-Terrorism Training.
Targeting Drug Traffickers
In March 2002, the Attorney General
announced a comprehensive six-part drug
enforcement strategy for DOJ. The strategy
deploys numerous Federal law enforcement
agencies to identify and target the most
significant drug supply organizations and their related components. The central element of the
strategy was the development of the first national list of priority drug trafficking targets, the
Consolidated Priority Organization Targeting (CPOT) list, a unified list of international command
and control drug traffickers and money launderers. These organizations and their related
components, including the financial infrastructure supporting those enterprises, are targeted for
investigations. Of the 58 organizations targeted during 2003 to 2004, 14 have been dismantled and
eight others have been severely disrupted. Currently, there are 730 active investigations linked to
the 42 targets on the 2005 List. DOJ also has established a comprehensive benchmark for the most
prevalent illicit drugs, including marijuana and cocaine, and intends to reduce their availability and
use by 10 percent between 2001 and 2008.
The Departments Drug Enforcement Administration (DEA) is responsible for investigating drug
trafficking organizations in tandem with the other Federal agencies participating in the Organized
Crime and Drug Enforcement Task Force (OCDETF) program. During 2004, DEA and OCDETF successfully
dismantled 36 organizations linked to those on the CPOT List, and significantly disrupted
the activities of 159 others. The 2006 Budget provides $38 million for enhancements in intelligence
sharing and priority targeting, $14 million for the operation andmaintenance of theDrug Intelligence
Fusion Center, and $58 million for additional OCDETF agents, attorneys, and deputy marshals. In
addition, a total of $22 million has been provided in support of the Administrations Afghanistan
Growth of the High-Intensity Drug Trafficking Area (HIDTA) Program
In 1990, Federal funds were appropriated to five areas of the United States that were considered the most
critical high-intensity drug trafficking area gateways for drugs entering the Nation. The five regions included
specific designated areas in Los Angeles, Houston, New York/New Jersey, South Florida, and the Southwest
Border. Today, the program is no longer well focused. From a small targeted program in 1990, HIDTAs now
include 60 percent of the population of the United States.
196 DEPARTMENT OF JUSTICE
PROTECTING AMERICAContinued
counter-narcotics initiative, which is needed to help promote the long-term stability of the country,
as well as stem the supply of heroin to the global narcotics market.
The 2006 Budget also proposes transferring the High-Intensity Drug Trafficking Area (HIDTA)
Program, operated by the Office of National Drug Control Policy, to DOJ in order for this drug control
program to be better coordinated with OCDETF. The program has grown well beyond its intended
scope from when it was first funded at $25 million in 1990 for only five regions experiencing high
levels of drug trafficking. It now spends $227 million on 28 areas that include much of the populated
United States. Efforts to focus the HIDTAs on the Presidents National Drug Control Strategy priority
of targeting high-level organizations such as the CPOT List have failed and have been hindered by
the practice of funding individual HIDTAs at the same level year after year. As a result, the Budget
proposes reducing HIDTA funding to create a better-focused, more effective $100 million program
that gives Justice greater leeway to determine how funds will be targeted.
Detaining Violent Criminals
The Bureau of Prisons (BOP) and the Office of the Federal Detention Trustee (OFDT) ensure
that Federal criminals are appropriately detained and incarcerated to assure public safety. Taken
together, the cost of Federal incarceration and detention activities now accounts for over a third
of DOJs annual budget. At present, there are over 182,000 inmates in Federal custody, of which
approximately 25 percent represent immigration-related arrests. In addition, the number of Federal
detainees has experienced record growth, up almost 200 percent over the past decade with the largest
increases occurring along the U.S. Southwest border due to Department of Homeland Security (DHS)
and DOJ border enforcement and protection initiatives.
No one is exempt from correctional officer training at BOP. Responding
to emergencies is the first and most important job of every single BOP
employee from the Director of the Bureau to the budget office and from
the warden to the physicianeveryone, no matter the rank, profile, or
job is a correctional officer first. Rigorous correctional officer training for
everyone instills a sense of security, competence, and camaraderie in
the BOP ranks that is essential to maintaining prison safety and security.
The 2006 Budget includes $85 million to
open three new prisons (one high-security,
one medium-security, and one secure womens
prison) and to expand two other facilities.
When fully activated, these prisons will add a
total of 3,164 beds to help meet BOPs growing
inmate capacity needs. In addition, $37
million is provided to pay for the added costs
for food, security, medical care, and clothing
of almost 4,300 inmates in existing BOP
facilities, and $20 million in initial funding
is included for 1,600 new private contract
beds. While additional prison space is being
added, the Budget continues a moratorium
on additional new prison construction until
the bureau completes an evaluation of its
existing low- and minimum-security prison
facilities for potential modification to house
higher security inmates. BOP also has begun
to institute several management initiatives
to streamline operations and reduce costs,
including consolidating correctional officer
training, centralizing prisoner sentence and
THE BUDGET FOR FISCAL YEAR 2006 197
inmate designation functions, relocating human resource and employee development functions, and
transferring inmates with the most critical medical needs to dedicated BOP medical centers. For
2006, $1.2 billion is provided to OFDT to support an average daily detainee population in excess
of 60,000.
The aggressive enforcement of the Administrations law enforcement initiatives, and the resulting
detainee population increase, has continued to challenge detention planning and forecasting.
The Department is committed to enhancing its forecasting models, which requires balanced coordination
among DOJ and DHS components. OFDT will improve forecasting by considering DOJ
and DHS policy decisions, along with information received from the Administrative Office of the
United States Courts. DOJ law enforcement policiesfor example, those relating to gun and drug
initiativesaffect the number of Federal arrests and criminal prosecutions. The size and scope of
DHS border control and protection initiativesincluding putting more border patrol agents on the
bordersinfluences the Federal prisoner and detainee populations and affects detention costs.
Prosecuting Corporate Fraud and Violent Crime
The United States Attorneys prosecute violators of Federal law including corporate criminals.
Criminal penalties assessed by the Federal courts, mostly for U.S. Attorney criminal fraud prosecution
efforts, increased by 30 percent in 2004. The 2006 Budget supports these ongoing activities
with $1.6 billion. In addition, the Departments litigating divisions are combating corporate fraud
and other cases. And, in the past four years, this Administration has increased Federal prosecutions
of the criminal misuse of firearms by 76 percent. In 2004, the Justice Department filed 11,067
Federal firearms cases, the highest number of such cases on record for a single year.
Assisting State and Local Law Enforcement
The 2006 Budget includes $2.4 billion for State and local assistance programs, including Project
Safe Neighborhoods, the DNA Initiative, USA Freedom Corps, State and Local Anti-Terrorism Training,
and the Regional Information Sharing System. These and other programs funded within DOJ
enhance the capability of State and local governments to reduce crime in our communities, as well
as our vulnerability to terrorism.
Today crime, including violent crime, is at a 30-year low. The Project Safe Neighborhoods (PSN)
initiative, announced by the President and the Attorney General in 2001, is a comprehensive strategy
that brings together Federal, State, and local agencies to continue the record reduction in the violent
crime in our communities. Working with the Department, each community tailors the program to target
problems associated with the criminal misuse of firearms and to build on local capacities. Since
2001, the Administration has dedicated $1.3 billion in Federal resources to PSN, including grants to
State and local task forces through the Office of Justice Programs (OJP), increased Federal prosecutors
within U.S. Attorneys Offices, and additional agent and training resources within the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF). For 2006, the Budget requests $363 million for
PSN, an increase of $138 million, or 61 percent, over the 2005 enacted level. The program increase
will:
Provide $74 million in grant assistance for State and local prosecution of criminal misuse of
firearms;
Increase funding for States to update criminal history records, which are needed to deter illegal
firearms purchases, by $34 million, which is more than double the 2005 enacted level; and
Augment Project ChildSafe, which distributes gun locks to prevent misuse of guns by children
and youth, by $29 million over the 2005 enacted level.
198 DEPARTMENT OF JUSTICE
PROTECTING AMERICAContinued
The 2006 Budget continues funding for the Presidents DNA initiative, Advancing Justice Through
DNA Technology, a plan to devotemore than $1 billion over five years to help realize the full potential
of DNA technology in the criminal justice system. The initiative advances the use of DNA to solve
crimes and exonerate the innocent. The initiative will help clear the backlog of unanalyzed DNA
samples from the most serious violent offenders, invest in DNA analysis technology for crime labs,
train criminal justice professionals to make better use of DNA evidence, and promote the use of DNA
to identify missing persons. The Administration proposes $236 million in 2006 for the initiative, an
increase of over $68 million over the 2005 enacted level.
Through the efforts of the FBI, DEA, ATF, U.S. Marshals, and State and local assistance, the Administration
is committed to further reducing the violent crime rate in the Nation. In June 2004, the
Attorney General announced a targeted effort to deploy teams of Federal law enforcement agents and
prosecutors to 15 cities to work with local law enforcement to curb the rate of violent crime in some
of the communities not sufficiently benefiting from the overall reduction in the crime rate. DOJ will
continue to support the deployment of these Violent Crime Impact Teams as part of this initiative in
2006.
THE BUDGET FOR FISCAL YEAR 2006 199
SUPPORTING A COMPASSIONATE SOCIETY
Protecting Our Children
DOJ is committed to fighting child pornography and obscenity, and to protecting children from trafficking
and other forms of exploitation. The Department works with other law enforcement agencies
to target, dismantle, and prosecute predatory child molesters and those who traffic in child pornography.
The Criminal Divisions High-Tech Investigative Unit (HTIU) is staffed with computer forensic
experts, who work with Federal agents and prosecutors and use their technological expertise against
Internet-based child pornographers and adult obscenity offenders. The HTIU receives and reviews
more than 100 tips per month from the Federal Trade Commission and organizations such as the
National Center for Missing and Exploited Children. The Budget increases funding by $13 million
for the Justice Departments efforts to fight child pornography and obscenity, including the Criminal
Division programs, the FBIs Innocent Images Initiative, which investigates sexual predators who
use the Internet to prey on children, and the Internet Crimes Against Children Task Forces, which
links Federal, State, and local law enforcement efforts.
Protecting Our Children from
Exploitation and Obscenity
2001 2002 2003 2004 2005 2006
0
10
20
30
40
50
60
Budget authority in millions
Child abductions, especially by strangers,
are among the most tragic of crimes. Yet, with
the help of the growing AMBER (Americas
Missing: Broadcast Emergency Response)
Alert network, more children are being found
and returned to their homes. AMBER Alerts
are emergency alerts broadcast by local
authorities when law enforcement discovers
that a child has been abducted and is in
imminent danger of harm. Since the President
announced an Administration effort to expand
and coordinate the AMBER Alert network in
October 2002, AMBER Alert has been credited
with the recovery of over 150 children, or over
80 percent of all 188 recoveries since AMBER
Alert began in Texas in 1996. Today, there are 96 AMBER plans operating across the country,
including 30 local, 17 regional, and 49 statewide plans. The Budget includes $5 million for the
continued development of the successful AMBER Alert network across America.
More than 600,000 incidents of domestic violence were committed in the United States in 2003.
Approximately one-third of women who are murdered each year are killed by their current or former
husband or partner. Children who are subjected to domestic violence often grow up to inflict violence
on others, creating a cycle of violence that must be stopped. In the 2002 Budget, the President requested
and secured a $100 million increase in funding for Violence Against Women Act programs
and has continued to provide similar levels of funding in every Budget since then. In an effort to
combat this problem, the Administration has obtained over $1.8 billion in funding since 2001 for programs
that combat violence against women. The Budget requests $386 million for Violence Against
Women Act programs that target domestic violence and strengthen services for victims and their
dependents, which are funded primarily through DOJs Office on Violence Against Women.
200 DEPARTMENT OF JUSTICE
SUPPORTING A COMPASSIONATE SOCIETYContinued
Helping Prisoners and Ex-Offenders Reintegrate into Society
More than 600,000 offenders are released from prisons each year and face multiple barriers upon
their return to society, including inadequate job skills and housing. Approximately two-thirds of prisoners
are re-arrested within three years of their release, and half return to prison during that same
period. To confront this problem, the President announced in his 2004 State of the Union Address
a four-year $300 million Prisoner Re-entry Initiative to help individuals leaving prison make a successful
transition to community life and long-term employment. Drawing on the collaborative efforts
of the Departments of Labor, Housing and Urban Development, and Justice, and harnessing the experience
of faith-based and community organizations, the program will offer a range of job training,
housing, and mentoring services that will help reduce recidivism and ensure that former prisoners
are reintegrated into society. The Presidents Budget provides $75 million for this initiative in 2006,
including $15 million within DOJ.
Many in Americas prisons are struggling with substance abuse problems that hinder their successful
reintegration into society. The Presidents Budget provides $44.1 million for the Residential
Substance Abuse Treatment (RSAT) Program. RSAT helps States and local governments implement
drug treatment programs in correctional facilities so that offenders can reenter society free of addiction.
Fighting Human Trafficking
The Administration is committed to ending trafficking in human beings, which is a modern day
form of slavery and an affront to human dignity. According to some estimates, each year at least
700,000, and as many as four million people, primarily women and children, are trafficked around
the world and exploited for sexual purposes or for labor without compensation. Of these, 14,500
to 17,500 people are trafficked annually into the United States. In 2002, President Bush signed
Executive Order 13257 to establish a Cabinet-level Interagency Task Force to Monitor and Combat
Trafficking in Persons, in which the Department actively participates. The FBI and the Criminal
Section of the Civil Rights Division investigate cases of human trafficking in conjunction with DHS
immigration and customs enforcement agents. From 2001 to 2003, the Department opened 210 new
human trafficking investigations, more than double the number opened in the previous three years,
and the Civil Rights Division and the U.S. Attorneys initiated 111 trafficking prosecutions. In 2004,
alone, the Department opened 130 trafficking investigations and undertook 51 prosecutions.
THE BUDGET FOR FISCAL YEAR 2006 201
MAKING GOVERNMENT MORE EFFECTIVE
Reducing or Eliminating Non-performing Programs
The Presidents Budget reduces or eliminates a number of programs that do not have a record of
demonstrating results, including:
General purpose State and local law enforcement programs, such as the Community Oriented
Policing Services (COPS) Hiring Grants and the Byrne Justice Assistance Grants that are not
able to effectively demonstrate an impact on reducing crime. A 2004 Program Assessment Rating
Tool (PART) assessment rated the COPS Hiring Grants as Results Not Demonstrated with
respect to reducing crime, notwithstanding the programs funding of over 100,000 police officers,
exceeding the programs original commitment. Elimination of these programs will save
$635 million a year.
State Criminal Alien Assistance Program (SCAAP) grants, which serve as a form of revenue
sharing rather than assistance targeted to a particular need. A 2005 PART assessment rated
SCAAP as Results Not Demonstrated. Ending this program will save $301 million a year.
Juvenile Accountability Block Grants (JABG), which provide a variety of non-focused juvenile
justice grants to States and localities. A 2004 PART assessment rated JABG as Ineffective.
Terminating this program will save $54 million a year.
Programs like the Byrne Discretionary Grants and the COPS Law Enforcement Technology
Grants, which are earmarked in their entirety by the Congress, prevent targeting of assistance
based on need or priority. Eliminating these programs will save $305 million a year.
Update on the Presidents Management Agenda
The table that follows provides an update on DOJs implementation of the Presidents Management
Agenda as of December 31, 2004.
202 DEPARTMENT OF JUSTICE
MAKING GOVERNMENT MORE EFFECTIVEContinued
Human Capital
Competitive
Sourcing
Financial
Performance E-Government
Budget and
Performance
Integration
Status
Progress
Over the past year, the DOJ has made strong progress in implementing most areas of the Presidents
Management Agenda. DOJ developed a human capital plan that is guiding its implementation of individual
performance plans that tie to strategic goals, and has assessed management competencies for skills gaps.
DOJ completed one standard competition of FBI vehicle maintenance that will yield $10.5 million in net savings
over the next five years. By 2008, DOJ will have competed 55 percent of suitable commercial positions. DOJ
continues to address weaknesses in its financial systems with a goal of achieving substantial Federal Financial
Management Improvement Act compliance during 2005. The Department is also addressing the weaknesses in
OJPs grant accounting that caused DOJ to receive a disclaimer on its 2004 financial statements. DOJ continues
IT improvements in support of the 24 E-Government initiatives (including reviewing all planned IT investments for
duplication of E-Gov initiatives and submitting plans for implementing E-Gov initiatives for human resources and
financial and grant management). DOJ also has addressed security issues for most systems, although serious
inadequacies remain in protecting critical cyber infrastructure. The Department also has made improvements in
budget and performance integration by incorporating performance information into managers appraisals and
using PART reviews to justify budget requests and direct program improvements.
Initiative Status Progress
Faith-Based and Community Initiative
Real Property Asset Management
DOJ has strengthened its outreach to community organizations, including faith-based organizations, as well as
implementation and planning for new pilot initiatives. In the coming year DOJ will be giving special attention
to improving the quality of data collection in support of the initiative, as well as improving planning and goal
achievement. In support of the Real Property Initiative, the Department developed a draft asset management
plan and updated policy guidance for DOJ components.
THE BUDGET FOR FISCAL YEAR 2006 203
Department of Justice
(In millions of dollars)
Estimate 2004
Actual 2005 2006
Spending
Discretionary Budget Authority:
Federal Bureau of Investigation ...................................................................... 4,569 5,145 5,701
Drug Enforcement Administration .................................................................. 1,648 1,631 1,694
Federal Prison System 1 .................................................................................... 4,768 4,754 4,755
United States Marshals Service...................................................................... 727 748 790
Bureau of Alcohol, Tobacco, Firearms, and Explosives:
Existing law ........................................................................................................ 826 878 804
Legislative proposal (fee-funded activity)................................................ 120
Detention Trustee ................................................................................................. 841 874 1,222
United States Attorneys ..................................................................................... 1,527 1,542 1,626
General Legal Activities ..................................................................................... 614 626 680
Office of Justice Programs, COPS, Office on Violence Against
Women................................................................................................................. 3,024 2,796 1,504
Organized Crime and Drug Enforcement Task Force ............................. 548 554 662
All other .................................................................................................................... 449 633 780
Subtotal, Discretionary budget authority .......................................................... 19,541 20,181 20,338
Less Crime Victims Fund Rescission........................................................... 1,267
Total, Discretionary budget authority ................................................................. 19,541 20,181 19,071
Memorandum: Budget authority from enacted supplementals ............... 81 25
Total, Discretionary outlays ................................................................................... 21,048 19,738 21,223
Mandatory Outlays:
Bureau of Alcohol, Tobacco, Firearms, and Explosives:
Legislative proposal ........................................................................................ 120
All other 2 ................................................................................................................. 7,921 1,448 2,293
Total, Mandatory outlays ........................................................................................ 7,921 1,448 2,173
Total, Outlays.............................................................................................................. 28,969 21,186 23,396
1 Net of $314 million rescission of unobligated balances.
2 2004 mandatory outlays include completion of funding associated with the September 11th Victim Compensation Fund.