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Strategic Objective: An Effective System of Justice.

Issue: Spending on law enforcement continues to grow at the 
federal, state, and local levels. In constant 2001 dollars, federal 
spending will be about $34 billion in fiscal year 2002, up from about 
$15 billion in 1991 (see fig. 1.9). Most of the increase has been to 
accommodate a shift in focus at the federal level from helping local 
governments control crime to emphasizing more distinct federal 
responsibilities, such as controlling illegal immigration and, more 
recently, preventing terrorist attacks.

Figure 1.9: Federal Outlays for the Administration of Justice, 1991 
through 2003.

Line graph with 1 line and 13 points showing Fiscal Year 2001 dollars
in billions.
Point 1, 1991 is $15,020.
Point 2, 1992 is $17,198.
Point 3, 1993 is $17,414.
Point 4, 1994 is $17,402.
Point 5, 1995 is $18,125.
Point 6, 1996 is $19,245.
Point 7, 1997 is $21,716.
Point 8, 1998 is $24,266.
Point 9, 1999 is $27,237.
Point 10, 2000 is $28,642.
Point 11, 2001 is $30,443.
Point 12, 2002 is $33,717.
Point 13, 2003 is $38,908.

Note: The 2002 and 2003 numbers are estimates.

Source: Budget of the U.S. Government, Fiscal Year 2003.
[End of Figure]

During the past several years, overall crime levels have been reduced. 
Nevertheless, the Congress and the public remain concerned and look to 
the federal government for leadership on how to control domestic and 
transnational crime, including terrorism, to prevent illegal drug use, 
to provide effective treatment for drug users, to deter illegal 
immigration, and to control prison costs. The USA Patriot Act, passed 
in October 2001, significantly expands federal law enforcement 
authority and, with billions of dollars in emergency supplemental 
funding, will greatly increase the federal counterterrorism role. In 
addition, the newly created Office of Homeland Security in the 
Executive Office of the President is expected to coordinate the 
executive branch's efforts to detect, prepare for, prevent, respond to, 
and recover from terrorist attacks within the United States. Many of 
these functions are the primary roles of law enforcement at the 
federal, state, and local levels; which heightens the importance of 
effective coordination and cooperation. Also, the Justice Department 
has begun to restructure the FBI and expects to redefine its mission 
and priorities in light of the increased focus on antiterrorism.

In the wake of the September 11 terrorist attacks in New York, 
Virginia, and Pennsylvania, the Congress authorized a Victim 
Compensation Fund through which the federal government will compensate 
any individual (or their representative) who was physically injured or 
killed as a result of the terrorist-related aircraft crashes on that 
day. In November 2001, the Attorney General appointed a Special Master 
to administer the fund. The Justice Department, in conjunction with the 
Special Master, issued interim regulations in December, explaining the 
operation of the fund. In addition, the master has issued a paper 
explaining how economic and noneconomic losses will be calculated.

The Immigration and Naturalization Service (INS), the largest federal 
law enforcement agency, has undergone dramatic growth in recent years. 
In constant 2001 dollars, its fiscal year 2002 budget of $5.4 billion 
represents an increase of over 200 percent from its fiscal year 1993 
budget and was subsequently increased further by the emergency 
supplemental funding to deal with the events of September 11. Ensuring 
that aliens entering the United States and staying here are authorized 
to do so has been a challenge for INS, one that took on a new sense of 
urgency as part of the nation's new counterterrorism strategy. The 2000 
census results indicated that there were about 8 million illegal aliens 
residing in the United States, and that during the 1990s their numbers 
had been increasing dramatically. Recently, the Congress has addressed 
such issues as whether INS is properly structured to effectively carry 
out its enforcement and service missions. On the enforcement side, INS 
grapples with how illegal entry into the United States can be deterred 
and how the removal of illegal aliens can be expedited. On the service 
side, INS must determine how processes can be reformed for 
naturalization, immigrants' entitlements to welfare benefits, and 
admitting temporary agricultural and high-tech workers.

After several years of mandatory minimum sentencing, "three strikes and 
you're out" laws, and truth-in-sentencing grants, federal and state 
prisons are overcrowded. The size of the prison population will be the 
subject of increasing public debate as these policies' cost to the 
public escalates. Moreover, in constant 2001 dollars, the federal 
judiciary's fiscal year 2002 spending, estimated at about $4.8 billion, 
was up nearly 100 percent from its fiscal year 1991 spending of about 
$2.4 billion. In addition, the judiciary has faced an imbalance in its 
workload in recent years, particularly its criminal caseload, with some 
courts facing much higher workloads than others. Thus, the judiciary 
faces a major challenge in determining how to use its resources 
efficiently and effectively to address such workload imbalances and to 
coordinate its strategy with other affected agencies, particularly 
along the southwest border.

Performance Goals: To support efforts by the Congress and the federal 
government to address these issues, GAO will:

* identify ways to improve federal agencies' ability to prevent and 
respond to major crimes, including terrorism;

* assess the effectiveness of federal programs to control illegal drug 
use;

* identify ways to administer the nation's immigration laws to better 
secure the nation's borders and promote appropriate treatment of legal 
residents; and

* assess the administrative efficiency and effectiveness of the federal 
court and prison systems.

Effective System of Justice:
Identify Ways to Improve Federal Agencies' Ability to Prevent and 
Respond to Major Crimes, Including Terrorism.

Key Efforts:

* Assess the effectiveness of federal law enforcement programs to combat 
crimes, including terrorism,

* Evaluate the implementation and effectiveness of federal gun control 
laws,

* Evaluate the management and results of federal law enforcement grant 
programs,

* Identify and assess ways to improve federal law enforcement efforts and 
training to address transnational crime, including foreign-based 
terrorism,

* Assess the use of federal record/data linkage and intelligence 
information for combating illegal activities, including terrorism,

* Assess the ability of selected law enforcement agencies to recruit, 
train, and retain quality officers and support personnel,

* Examine the Department of Justice's budget formulation, execution, and 
reprogramming activities.

Significance:

Crime, including crime committed by terrorists, is one of the foremost 
concerns of the American public. To address this concern, the Congress 
has, among other initiatives, made many crimes federal offenses and 
increased the budgets of the Departments of Justice and the Treasury to 
investigate and prosecute these offenses. The Congress has also made 
billions of dollars available to states and localities through grants 
and other assistance to help them prevent and combat violent crime, 
drug trafficking, and juvenile delinquency. Other federal law 
enforcement initiatives include improving gun control, enforcing the 
civil rights laws, maximizing the use of asset seizure and forfeiture 
authority, and strengthening the U.S. Customs Service's enforcement of 
trade laws. How well federal law enforcement agencies carry out their 
responsibilities to prevent and respond to acts of terrorism and other 
major crimes and work with their state and local counterparts is a 
continuing concern, particularly given the substantial budget increases 
in nearly every facet of law enforcement operations. Similarly, how 
well federal law enforcement agencies work with their foreign 
counterparts is of growing importance, given the increasing 
opportunities for criminal enterprises to operate transnationally. In 
addition, because many of the new initiatives assume larger workforces, 
federal law enforcement agencies may find it increasingly difficult to 
recruit, train, and retain quality officers and support personnel.

Potential Outcomes that Could Result when GAO's Work Is Used:

Agencies better positioned for preventing, detecting, and investigating 
crimes, including terrorism,

Improved agency implementation of controls over illegal acquisition and 
ownership of guns,

Enhanced agency focus on managing law enforcement grant programs,

Agencies better positioned to support multinational responses to 
transnational crime, including terrorism,

Better informed law enforcement agencies,

Improved budget and program planning.

Effective System of Justice:
Assess the Effectiveness of Federal Programs to Control Illegal Drug 
Use.

Key Efforts:

* Assess the coordination, development, execution, and evaluation of 
portions of the National Drug Control Strategy,

* Assess the roles, responsibilities, and results of agencies involved in 
specific supply and demand reduction programs,

* Review federal drug control assistance to state and local governments,

* Assess the management and effectiveness of U.S. assistance in drug-
producing countries.

Significance:

The Congress is participating actively in the debate over the strategy 
the nation should pursue to reduce the use of illegal drugs, a criminal 
activity that, according to the Office of National Drug Control Policy, 
was estimated to cost the United States socially and economically about 
$160 billion in fiscal year 2000. Over 50 federal agencies are involved 
in carrying out the National Drug Control Strategy at an annual cost of 
over $18 billion. Despite this investment, the demand for and supply of 
illegal drugs persisted at very high levels throughout the 1990s and 
continued to adversely affect American society in terms of social, 
economic, and health costs, as well as through drug-related violent 
crime. As a result, nearly every appropriations subcommittee and 
several of the legislative and oversight committees have been involved 
in various attempts to provide congressional guidance.

Potential Outcomes that Could Result when GAO's Work Is Used:

Improved congressional and public understanding of the resources being 
devoted to achieving national goals and improved performance measures 
for and results of national drug control efforts,

Agencies better positioned to operate efficient and effective drug 
control programs,

Better understanding of the obstacles and limitations of assistance,

More efficient and effective programs to interdict illegal drugs before 
they enter the United States.

Effective System of Justice:
Identify Ways to Administer the Nation's Immigration Laws to Better 
Secure the Nation's Borders and Promote Appropriate Treatment of Legal 
Residents.

Key Efforts:

* Evaluate INS's and Customs' border enforcement efforts,

* Assess INS's processes and procedures for removing illegal and criminal 
aliens,

* Analyze INS's detention of aliens,

* Assess INS's worksite enforcement efforts,

* Assess processing of aliens' applications for benefits,

* Assess INS's management improvement and organizational restructuring 
efforts,

* Assess the quality of immigration statistics, particularly regarding 
the status of foreign-born people in the United States,

* Assess the use of immigration laws to address terrorism.

Significance:

The Immigration and Naturalization Service (INS), the largest federal 
law enforcement agency, has undergone dramatic growth in recent years. 
In constant 2001 dollars, its fiscal year 2002 budget request of $5.4 
billion represents an increase of over 200 percent over its fiscal year 
1993 budget, reflecting the Congress's and the administration's concern 
over the effects of legal and illegal immigration on this country. In 
the past few years, the Congress has addressed such issues as securing 
the country's borders, expediting the removal of illegal aliens, 
strengthening enforcement of immigration laws within U.S. borders, 
reforming the naturalization process, controlling immigrants' 
entitlements to welfare benefits, and adjusting the level of visas for 
temporary agricultural and high-tech workers. In addition, there have 
been proposals to restructure the federal immigration system to resolve 
persistent management problems at INS. Since September 11, however, 
concerns have been focused on INS's ability to identify potential 
terrorists and either to prevent them from entering the United States 
or to detain and deport them.

Potential Outcomes that Could Result when GAO's Work Is Used:

Agencies better positioned to detect, deter, and prevent illegal entry,

Greater INS attention to the expeditious removal of illegal and 
criminal aliens,

Improved agency management of alien detention,

Enhanced options to improve the worksite enforcement program,

Enhanced INS capability to provide services to aliens (such as quicker 
turnaround times and smaller backlogs),

Improved focus on management systems, objectives, and results and 
better linkages of resources to priorities,

Enhanced INS knowledge of the foreign-born population in the United 
States,

Greater attention to the appropriate use of immigration laws in 
combating terrorism.

Effective System of Justice:
Assess the Administrative Efficiency and Effectiveness of the Federal 
Court and Prison Systems.

Key Efforts:

* Evaluate the judiciary's efforts to manage the workload imbalances 
among its individual courts,

* Assess efforts among law enforcement agencies, the judiciary, and the 
Bureau of Prisons to work together to use resources efficiently in 
locations where changes in law enforcement policies have affected 
caseloads significantly,

* Assess the Bureau of Prisons' progress in identifying and adopting 
cost-effective methods for minimizing needs for additional capacity and 
for constructing and operating prisons,

* Assess federal, state, and local strategies for reducing prisoner 
recidivism.

Significance:

Between fiscal years 1991 and 2002, the federal judiciary's estimated 
spending doubled, from about $2.4 billion to about $4.8 billion in 
constant 2001 dollars. In recent years, the judiciary has faced an 
imbalance in its workload, particularly its criminal caseload, with 
some courts facing much higher workloads than others. For example, 
during the 12-month period ending March 31, 2001, about 26 percent of 
the 62,585 criminal cases filed in the 94 federal district courts were 
filed in 5 districts along the Southwest border. The rising caseload in 
these 5 districts reflects the additional law enforcement resources 
devoted to interdicting illegal immigrants and drugs along the 
Southwest border. Changes in criminal workload has an impact on a 
variety of judicial resources, including magistrate and district court 
judges, pretrial and probation officers, defender services, and the 
clerks of court. It also affects other agencies, such as INS, the U.S. 
Marshals Service, and the Bureau of Prisons who are responsible for the 
pretrial detention of those who are not released prior to trial. The 
judiciary faces a major challenge in determining how to use its 
resources efficiently and effectively to address such workload 
imbalances and to coordinate its strategy with other affected agencies. 
With respect to the prison system, the federalization of crimes, 
mandatory minimum sentencing laws, and the war on drugs have resulted 
in crowded prisons despite massive construction programs in the 1990s. 
The cost to the public of these policies; once assumed to be a fair 
price to pay for reduced crime; will be under increased scrutiny as it 
becomes a more substantial portion of the budget.

Potential Outcomes that Could Result when GAO's Work Is Used:

Improved effectiveness of resource management within the federal 
judiciary,

Enhanced information that provides the Congress a multiagency 
perspective for congressional decision making for appropriations and 
oversight,

An agency better positioned to control the growth in prison 
construction and operating costs,

Better understanding of effective ways to reduce recidivism rates and 
prison costs.