Department of Justice (DOJ) Appropriations for FY2008 and FY2009

Department of Justice (DOJ) Appropriations for
FY2008 and FY2009
Updated August 1, 2008
William J. Krouse
Specialist in Domestic Security and Crime Policy
Domestic Social Policy Division
Celinda Franco
Specialist in Domestic Security
Domestic Social Policy Division
Nathan James
Analyst in Crime Policy
Domestic Social Policy Division

Department of Justice (DOJ) Appropriations for
FY2008 and FY2009
Summary
Congress established the Department of Justice (DOJ) in 1870 (28 U.S.C. 501),
with the Attorney General at its head. DOJ provides counsel for citizens in federal
cases and protects them through law enforcement; represents the federal government
in all proceedings, civil and criminal, before the Supreme Court; and provides legal
advice and opinions, upon request, to the President and executive branch department
heads. This report provides coverage of the FY2009 appropriations cycle for DOJ,
including FY2008 supplemental appropriations.
Congress generally provides appropriations for DOJ in the annual Commerce,
Justice, Science (CJS) and Related Agencies Appropriations bill. For FY2008,
Congress appropriated nearly $23,591.9 million for DOJ, or $381.5 million more
than the enacted level for FY2007. While appropriations were increased for the
Federal Bureau of Investigation (FBI), funding was reduced for the Federal Prison
System (Bureau of Prisons) and several other justice accounts. To cover shortfalls
in the Federal Prison System account, DOJ reportedly submitted a budget
reprogramming request to Congress. Moreover, the Administration requested $185.8
million in FY2008 supplemental funding for DOJ. In the Supplemental
Appropriations Act, 2008 (P.L. 110-252), Congress provided DOJ with an additional
$449 million for FY2008.
For FY2009, the Administration’s budget request for DOJ was $23,088.9
million. This amount is $503 million less than the FY2008 enacted budget. In light
of the FY2008 supplemental appropriation, the FY2009 budget request is about $952
million below the total level of funding that Congress has provided DOJ for FY2008.
Several issues with funding implications that have arisen during FY2009
appropriations hearings include (1) continued oversight of the FBI’s greater emphasis
on national security investigations as opposed to traditional crime, (2) reported spikes
in violent crime in medium-sized and small cities, (3) the Administration’s proposal
to further cut funding for state and local law enforcement assistance and consolidate
related grant programs, (4) funding initiatives authorized to combat crimes against
children under the under the Adam Walsh Act (P.L. 109-248), (5) reported increases
in drug trafficking and related violent crime on the Southwest border, (6) funding
shortfalls for the Federal Prison System, and (7) the reentry of several waves of
offenders whose prison sentences will soon end.
On June 25, 2008, the House Appropriations Committee approved a draft
FY2009 Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill
that would provide DOJ with $25,438.7 million. Not counting the recent
supplemental, the House amount is 7.8% greater than the FY2008 enacted level and
10.2% greater than the FY2009 Request. On June 19, 2008, the Senate
Appropriations Committee reported an FY2009 CJS appropriations bill (S. 3182;
S.Rept. 110-397) that would provide DOJ with $25,778.6 million. The Senate
amount is 9.3% greater than the FY2008 enacted level and 11.6% greater than the
FY2009 request. This report will be updated as necessary.

Contents
Most Recent Developments..........................................1
Background ......................................................1
Government Performance and Results Act..........................3
Selected DOJ-Related Issues with Funding Implications ...............3
FBI Transformation........................................3
Violent Crime Increases Reported for Medium-Sized and Small
Cities ...............................................4
Consolidated Law Enforcement Assistance Grants Proposal........4
Crimes Against Children....................................5
Southwest Border Enforcement Initiative.......................5
NICS Improvement Act Authorizations........................5
Bureau of Prisons (BOP) Facilities and Capacity.................6
Offender Reentry..........................................6
DOJ Appropriations for FY2008, Including FY2008 Supplemental, and
FY2009 Budget Request........................................7
FY2008 Supplemental Funding Request and Congressional Action...9
General Administration........................................10
General Administration....................................10
Administrative Review and Appeals (ARA)....................11
Federal Office of Detention Trustee (OFDT)...................11
Office of the Inspector General (OIG).........................11
U.S. Parole Commission.......................................12
Legal Activities..............................................12
General Legal Activities...................................12
Office of the U.S. Attorney.................................13
U.S. Marshals Service (USMS)..............................13
Other Legal Activities.....................................14
National Security Division (NSD)................................14
Interagency Law Enforcement...................................15
Federal Bureau of Investigation (FBI).............................15
Drug Enforcement Administration (DEA)..........................17
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)..........18
Federal Prison System (Bureau of Prisons).........................19
Office on Violence Against Women..............................19
Office of Justice Programs......................................21
Justice Assistance........................................21
State and Local Law Enforcement Assistance...................23
Weed and Seed Program...................................25
Community Oriented Policing Services........................26
Juvenile Justice Programs..................................27
Public Safety Officers Benefits Program.......................29
Salaries and Expenses.....................................29
Related Legislation...............................................29

List of Tables
Table 1. Funding for the Department of Justice...........................8
Table 2. FY2008 Supplemental Funding for the Department of Justice.......10
Table 3. Funding for Office on Violence Against Women.................20
Table 4. Funding for State and Local Law Enforcement Assistance..........24
Table 5. Funding for the COPS Program...............................26
Table 6. Funding for Juvenile Justice Programs.........................28

Department of Justice (DOJ) Appropriations
for FY2008 and FY2009
Most Recent Developments
The President’s FY2009 budget request for the Department of Justice (DOJ) is
$23,088.9 million. This amount reflects a reduction of almost $503 million
compared with the FY2008 enacted appropriation of $23,591.9 million. In addition,
the Administration has reportedly submitted an FY2008 budget reprogramming
request to the House and Senate Committees on Appropriations that address FY2008
funding shortfalls for certain DOJ accounts, principally the Federal Prison System.¹
On June 25, 2008, the House Appropriations Committee approved a draft
FY2009 Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill
that would provide DOJ with $25,438.7 million.
On June 19, 2008, the Senate Appropriations Committee reported an FY2009
CJS appropriations bill (S. 3182; S.Rept. 110-397) that would provide DOJ with
$25,778.6 million.
Also, on June 26, 2008, the Supplemental Appropriations Act, 2008 (H.R. 2642)
was cleared by Congress, following an exchange of amendments that resolved
differences (principally related to domestic spending) in previous House- and Senate-
passed versions of this bill. For DOJ, the Administration had requested $185.8
million in FY2008 supplemental funding for counterterrorism-related activities and
programs. The President signed H.R. 2642 into law on June 30, 2008 (P.L. 110-252).
For FY2008, the Act provides DOJ with an additional $449 million.
Background
Established by an act of 1870 (28 U.S.C. 501), with the Attorney General at its
head, the Department of Justice provides counsel for citizens in federal cases and
protects them through law enforcement. It represents the federal government in all
proceedings, civil and criminal, before the Supreme Court. In legal matters,
generally, the Department provides legal advice and opinions, upon request, to the

¹ On June 5, 2008, the DOJ Office of Legislative Affairs confirmed in a conversation with
CRS that there are a number of budget reprogramming requests pending with the House and
Senate Committees on Appropriations. Of these requests, the largest reprogramming would
shift $240 million to the Federal Prison System from other DOJ accounts, of which the
committees have approved $109 million.

President and executive branch department heads. The major functions of DOJ
agencies and offices are described below.
^!United States Attorneys prosecute criminal offenses against the
United States, represent the federal government in civil actions, and
initiate proceedings for the collection of fines, penalties, and
forfeitures owed to the United States.
^!United States Marshals Service provides security for the federal
judiciary, protects witnesses, executes warrants and court orders,
manages seized assets, detains and transports unsentenced prisoners,
and apprehends fugitives.
^!Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; helps protect the United States against
terrorism and hostile intelligence efforts; provides assistance to other
federal, state, and local law enforcement agencies; and shares
jurisdiction with Drug Enforcement Administration (DEA) over
federal drug violations.
^!Drug Enforcement Administration (DEA) investigates federal drug
law violations; coordinates its efforts with state, local, and other
federal law enforcement agencies; develops and maintains drug
intelligence systems; regulates legitimate controlled substances
activities; and conducts joint intelligence-gathering activities with
foreign governments.
^!Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
enforces federal law related to the manufacture, importation, and
distribution of alcohol, tobacco, firearms, and explosives. It was
transferred from the Department of the Treasury to the Department
of Justice by the Homeland Security Act of 2002 (P.L. 107-296).
^!Federal Prison System provides for the custody and care of the
federal prison population, the maintenance of prison-related
facilities, and the boarding of sentenced federal prisoners
incarcerated in state and local institutions.
^!Office on Violence Against Women coordinates legislative and other
initiatives relating to violence against women and administers grant
programs to help prevent, detect, and stop violence against women,
including domestic violence, sexual assault, and stalking.
^!Office of Justice Programs (OJP) manages and coordinates the
activities of the Bureau of Justice Assistance, Bureau of Justice
Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.

Most crime control has traditionally been a state and local responsibility. With
the passage of the Crime Control Act of 1968 (P.L. 90-351), however, the federal
role in the administration of criminal justice has increased incrementally. Since
1984, Congress has approved five major omnibus crime control bills, designating
new federal crimes, penalties, and additional law enforcement assistance programs
for state and local governments.²
Government Performance and Results Act
The Government Performance and Results Act (GPRA) required the
Department of Justice, along with other federal agencies, to prepare a five-year
strategic plan, including a mission statement, long-range goals, and program
assessment measures. The Department’s Strategic Plan for FY2007-FY2012 sets out
six goals:
^!detect and prevent terrorism;
^!combat violent crime;
^!combat computer crime, especially child pornography, obscenity,
and intellectual property theft;
^!combat illegal drugs;
^!attack corporate and public corruption; and
^!promote civil rights and civil liberties.³
Selected DOJ-Related Issues with Funding Implications
During consideration of the Administration’s FY2009 budget request, several
issues may be brought to Congress’s attention. There are short descriptions of these
issues below.
FBI Transformation. Over a 10-year period, from FY1999 to FY2008,
Congress has increased direct appropriations for the FBI from $2,993.1 million and

26,693 positions to $6,657.7 million (122% increase) and 30,211 positions (13%

increase). Most of these new resources were provided in the wake of the 9/11
terrorist attacks, as the FBI redirected its resources toward combating domestic and
international terrorism by improving its intelligence gathering and processing
capabilities. As a consequence, for FY2008, about 60% of FBI funding and staffing
is allocated to national security programs, including counterterrorism and
counterintelligence.
While al Qaeda remains a serious national threat, some Members of Congress
— including appropriations subcommittee chairs — have expressed concern about
the effect that redirecting a significant number of agents to counterterrorism could

² For further information, see CRS Report RL32824, Federal Crime Control: Background,
Legislation, and Issues, by Lisa M. Seghetti.
³ U.S. Department of Justice, Office of the Attorney General, Stewards of the American
Dream: FY 2007 — FY 2012 Strategic Plan, available at [http://www.usdoj.gov/jmd/mps/
strategi c2007-2012/index.html ].

have on drug enforcement and violent crime investigations.⁴ More recently, concerns
have been raised about the effect that the redirection of resources toward
counterterrorism may be having on DOJ and FBI’s shared counterintelligence
mission and the enforcement of espionage laws.⁵ Nevertheless, the Administration’s
FY2009 budget request includes $492.7 million in new funding for counterterrorism
and related intelligence matters, of which $447.4 million has been requested for the
FBI, but no budget increases have been requested for traditional or emerging crime
or espionage law enforcement (counterintelligence).
Violent Crime Increases Reported for Medium-Sized and Small
Cities. According to the Federal Bureau of Investigation’s (FBI’s) Uniform Crime
Reports (UCRs), the reported number of violent crimes⁶ in the United States⁷
increased 1.9% in 2006 compared with 2005. Medium-sized and small cities,
however, saw a greater increase in violent crime than large cities. While cities with
populations of 250,000 or more had a 1% increase in the reported number of violent
crimes in 2006 as compared with 2005,⁸ cities with populations of 100,000 to

249,999 had a 2.3% increase in the reported number of violent crime. Moreover,

cities with populations of 50,000 to 99,999, 25,000 to 49,999, and 10,000 to 24,999
reported violent crime increases of 3.5%, 3.8%, and 2.8%, respectively, in 2006 as
compared with 2005. Such violent crime increases in medium-sized and small cities
may lead to calls for greater federal assistance targeted for those cities.
Consolidated Law Enforcement Assistance Grants Proposal. The
Administration’s FY2009 budget request includes a proposal to consolidate the
existing 38 federal law enforcement assistance programs into three “competitive”

⁴ Senator Barbara Mikulski, Chair of the Senate Appropriations Commerce, Justice, Science
(CJS) and Related Agencies Subcommittee amended the FY2008 CJS appropriations bill
(H.R. 3093) to include language to require the FBI Director to submit a report to House and
Senate Appropriations Committees, within 60 days of enactment, on the FBI’s current
workforce allocation, right-sizing, and realignment of agents, analysts, and support
personnel. See Congressional Record, Daily Edition, October 4, 2007, p. S12723. This
requirement was included in the explanatory statement accompanying the Consolidated
Appropriations Act, 2008 (P.L. 110-161; December 26, 2007). See Congressional Record,
Daily Edition, December 17, 2007, p. H15798. Also, see “Panel Chairman Seeks Study of
FBI Reorganization; Rep. Wolf Cites Concern on Impact of Shifting Agents to
Counterterrorism Effort,” Washington Post, June 5, 2002, p. A08.
⁵ Statement of J. Patrick Rowan, Deputy Assistant Attorney General, National Security
Division, U.S. Department of Justice, before the Subcommittee on Crime Terrorism, and
Homeland Security, Committee on the Judiciary, House of Representatives, concerning
“Enforcement of Federal Espionage Laws,” January 29, 2008, available at
[http://j udiciary.house.gov/ media/pdfs/Rowan080129.pdf].
⁶ Violent crimes include murder/non-negligent manslaughter, rape, robbery, and aggravated
assault.
⁷ U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States,
2006, Table IA, available online at [http://www.fbi.gov/ucr/cius2006/index.html], accessed
June 10, 2008. It is notable that the FBI released preliminary data for 2007 on June 9, 2008;
however, the latest final and full-year data are for 2006.
⁸ Ibid., Table 12.

grant programs. Moreover, the FY2009 request of $404 million for state and local
law enforcement assistance would be $1,223.4 million less than the amount Congress
appropriated individually for similar programs for FY2008 ($1,627.4 million for
State and Local Law Enforcement Assistance, Weed and Seed, and COPS). For
juvenile justice programs, the FY2009 request is $185 million, or $198.5 million less
than the FY2008 enacted level. For the Office on Violence Against Women, the
FY2009 request is $280 million, or $120 less than the FY2008 enacted level. Hence,
for major law enforcement assistance programs, the Administration’s FY2009
request of $869 million is $1,541.9 million less than the $2,410.9 million that was
appropriated for FY2008. Although several similar consolidations and funding cuts
were proposed in the past by the Bush Administration, Congress has rejected those
proposals and provided appropriations for federal law enforcement assistance grants
in amounts greater than requested by the Administration and along existing account,
subaccount, and program structures.
Crimes Against Children. Although the Administration stated in its
FY2009 budget request that protecting children from sexual exploitation is among
DOJ’s highest priorities, budget increases were not requested to fund the enforcement
of some of the initiatives authorized under the Adam Walsh Child Protection and
Safety Act (P.L. 109-248). The major DOJ programs and activities to combat crimes
against children are carried out by multiple offices within the department. They
include Project Safe Childhood, coordinated by the U.S. Attorneys; the Missing and
Exploited Children’s program, administered by OJP; the activities of the Child
Exploitation and Obscenity Section in the Criminal Division; and the Innocent
Images National Initiative and Crimes Against Children program, administered by
the FBI; as well as other federal and state partners on DOJ-led Internet Crimes
Against Children (ICAC) Task Forces. In addition, OJP’s Sex Offender Sentencing,
Monitoring, Apprehending, Registering and Tracking (SMART) Office, which was
created in 2006 under P.L. 109-248, provides related assistance to state and local law
enforcement agencies.
Southwest Border Enforcement Initiative. On January 31, 2008, DOJ
announced its FY2009 funding request of $100 million for the Administration’s
Southwest Border Enforcement Initiative. This initiative would provide resources
to bolster DOJ’s efforts to combat illegal immigration, drug trafficking, and firearms
smuggling across the Southwest border between the United States and Mexico. Most
of these resources would be allocated to arrest, detain, prosecute, and incarcerate
violent criminals, drug offenders, and immigration violators. DOJ estimates that
with increased border enforcement by DHS — principally the U.S. Border Patrol —
over 24,000 criminal immigration cases will be filed by the U.S. Attorneys in the
next two years. DOJ also claims that such additional funding has assumed greater
importance, as terrorists could attempt to exploit vulnerabilities on the Southwest
border to enter the United States illegally and smuggle weapons of mass destruction
into the United States.
NICS Improvement Act Authorizations. The tragic events at Virginia
Tech on April 16, 2007, prompted Congress to pass the NICS Improvement
Amendments Act (P.L. 110-180). This law includes provisions that would require
states, as a condition of federal funding, to update and make available disqualifying
records for inclusion in the National Instant Criminal Background Check System

(NICS). This Act also includes two authorizations to make appropriations and
increase federal assistance for purposes related to gun control ($1,312.5 million over
five years). Subsection 103(e) authorizes increased appropriations to assist states and
Indian tribal governments in upgrading records that would disqualify persons from
possessing a firearm in a manner consistent with the National Criminal History
Improvement Program (NCHIP), which is funded under the COPS program but
administered by DOJ’s Bureau of Justice Statistics. Section 301 authorizes increased
appropriations to improve state court systems in regard to final dispositions on
misdemeanor domestic violence convictions and mental health adjudications where
persons are determined to be a threat to themselves or others.
In recent years, however, appropriated funding for NCHIP has generally
decreased. The FY2008 NCHIP appropriation was $9.4 million, compared with $50
million for FY1997 to implement provisions of Brady Handgun Violence Prevention
Act, 1993 (P.L. 103-159). Consequently, realizing FY2009 appropriations at the
levels authorized under P.L. 110-180 ($187.5 million)⁹ could prove challenging.
Bureau of Prisons (BOP) Facilities and Capacity. The BOP has
projected that its facilities will be 39% over capacity in 2008 and 42% over capacity
in 2009.¹⁰ BOP has alleviated overcrowding by contracting for additional bed space,
but BOP contracts only for bed space to house low-security criminal aliens and
convicted offenders in halfway houses when they are within six months of being¹¹
released. In addition to contracting additional bed space, BOP could likely need to
either expand existing facilities or build new facilities in order to properly house the¹²
growing federal prison population. Congress, meanwhile, reduced the FY2008
BOP budget by $22.7 million, as compared with the FY2007 enacted level of funding
($5,448.2 million). To meet FY2008 budget shortfalls, Congress is considering an
FY2008 supplemental appropriations bill (H.R. 2642) that includes additional
funding for BOP. In addition, the Administration has submitted an FY2008 budget
reprogramming to Congress to shift additional funding to BOP from other DOJ
accounts.
Offender Reentry.¹³ Over 95% of the prison population today will be
released at some point in the future, and each year in the United States, almost

⁹ For FY2009, subsection 103(3) authorizes $125 million to be appropriated, and section 301
authorizes $62.5 million, for a total authorized funding level of $187.5 million under these
two provisions of P.L. 110-180.
¹⁰ U.S. Department of Justice, Federal Bureau of Prisons, FY2009 Congressional Budget
Submission, p. 3.
¹¹ Telephone conversation on February 12, 2008 with U.S. Department of Justice, Bureau
of Prisons, Office of Congressional Affairs.
¹² According to BOP the federal inmate population housed in BOP facilities in 2007 was
167,323. BOP projects the federal inmate population housed in BOP facilities to increase
to 175,759 in 2009. U.S. Department of Justice, Bureau of Prison, FY2009 Performance
Budget, Congressional Submission, Salaries and Expenses, p. 3.
¹³ For further information, see CRS Report RL34287, Offender Reentry: Correctional
Statistics, Reintegration into the Community and Recidivism, by Blas Nuñez-Neto.

650,000 offenders are released from prison.¹⁴ The Department of Justice’s (DOJ’s)

Bureau of Justice Statistics (BJS) has estimated that two-thirds of all released
prisoners will commit new offenses (recidivate) within three years of their release.¹⁵
Many studies have indicated that reentry initiatives that combine work training and
placement with counseling and housing assistance can reduce recidivism rates.¹⁶
The Office of Justice Programs within DOJ oversees a wide array of grant
programs that include support for offender reentry programs or activities among the
purpose areas eligible for funding. However, only one grant program within DOJ is
exclusively focused on offender reentry; that program is currently being called the
Prisoner Reentry Initiative (PRI) by DOJ.¹⁷ In FY2008, the PRI received an
appropriation of $11.75 million. The President’s request for FY2009 would
eliminate this program and proposes consolidating its purpose areas within a larger
discretionary grant program known as the Byrne Public Safety and Protection
Program. The issue of offender reentry funding within DOJ, and whether the
elimination of this grant program is appropriate, may be of interest to Congress given
the recent enactment of the Second Chance Act (P.L. 110-199) on April 9, 2008. The
Second Chance Act, among other things, includes a significant expansion of the
current offender reentry grant program within DOJ and authorizes $55 million for
this program in both FY2009 and FY2010.
DOJ Appropriations for FY2008, Including FY2008
Supplemental, and FY2009 Budget Request
The President’s FY2009 DOJ budget request includes $23,088.9 million. This
amount reflects a reduction in funding of almost $503 million compared with the
FY2008 enacted appropriation of $23,591.9 million. This overall reduction of 2.1%
is largely reflected in proposed reductions in grants administered by the Office of
Justice Programs (OJP), Community Oriented Policing Services (COPS) Office, and
Office of Violence Against Women (OVW). For these and other DOJ accounts,
Table 1 shows amounts appropriated by Congress for FY2007 and FY2008, as well
as amounts requested by the Administration for FY2009.

¹⁴ U.S. Department of Justice, Office of Justice Programs, “Learn About Reentry,” available
at [http://www.reentry.gov/learn.html].
¹⁵ U.S. Department of Justice, Bureau of Justice Statistics, “Reentry Trends in the United
States: Recidivism,” available at [http://www.ojp.usdoj.gov/bjs/reentry/recidivism.htm].
¹⁶ Wilkinson, Reginald A., Director of the Ohio Department of Rehabilitation and
Correction, “Offender Reentry: A Storm Overdue,” Paper Prepared for Third National
Forum on Restorative Justice, March 2002, available at [http://www.drc.state.oh.us/web/
Articles/article98.htm] .
¹⁷ From FY2002 through FY2005, the program was known as the Serious and Violent
Offender Reentry Initiative. Both programs, however, draw on the same legislative
authority: P.L. 107-273, Title II, Division B, § 2421(a); codified at 42 U.S.C. 3797w.

Table 1. Funding for the Department of Justice
(budget authority in millions of dollars)
^FY²⁰⁰⁸^a^FY²⁰⁰⁹^Hou^s^e^Sena^t^e^-^FY²⁰⁰⁹
^Accounts^Ena^c^t^e^d^Request^{Draft Bi}^l^l^Reported^Ena^c^t^e^d
^G^eⁿ^e^ral^A^d^mⁱⁿⁱ^s^t^ratⁱ^oⁿ¹^,794.8¹^,952.1²^,014.2¹^,928.4
^G^eⁿ^e^ral^A^d^mⁱⁿⁱ^s^t^ratⁱ^oⁿ^257.6^321.3^384.7^292.7
^A^d^mⁱⁿⁱ^s^t^ratⁱ^v^{e R}^e^vⁱ^ew^&^A^ppeal^s^240.6^259.8^264.8^264.8
^D^e^t^eⁿ^tⁱ^oⁿ^T^r^u^s^t^e^e¹^,225.9¹^,295.3¹^,289.1¹^,295.3
^O^f^fⁱ^{ce of}^t^h^{e In}^s^p^ect^{or G}^eⁿ^e^ral^70.6^75.7^75.7^75.7
^U^.^S^.^Parol^e^C^o^m^mⁱ^s^sⁱ^on^11.5^12.6^12.6^12.6
^L^e^g^a^{l A}^c^tiv^ities³^,584.0³^,829.7³^,841.9³^,864.7
^Gen^e^{ral leg}^a^{l activ}^ities^745.5^804.0^804.0^804.0
^Uⁿⁱ^t^e^{d S}^t^at^es^A^t^t^o^rn^ey^s¹^,754.8¹^,831.3¹^,836.3¹^,831.3
^Uⁿⁱ^t^e^{d S}^t^at^es^Mars^h^a^l^s^S^e^rvⁱ^c^e^866.5^933.1^940.3^968.1
^O^t^h^e^r^217.1^261.2^261.2^261.2
^N^a^tⁱ^oⁿ^a^l^S^ecu^ri^t^y^Dⁱ^vⁱ^sⁱ^on^73.4^83.8^83.8^83.8
^In^t^e^rag^eⁿ^c^y^L^a^w^En^f^o^rcem^en^t^497.9^531.6^521.9^511.7
^F^e^deral^Bu^reau^of^In^v^e^s^tⁱ^g^atⁱ^oⁿ⁶^,657.7⁷^,108.1⁷^,108.1⁷^,270.1
^S^a^l^a^ri^es^an^{d ex}^pen^s^es^4,184.9⁴^,339.6³^,310.1⁴^,359.7
^C^o^uⁿ^t^erin^tellig^en^{ce an}^{d Nation}^a^{l Secu}^rity^2,308.6²^,725.5³^,755.0²^,725.5
^C^oⁿ^s^t^r^u^c^tⁱ^oⁿ^164.2^43.0^43.0^185.0
^D^r^u^g^En^f^o^rcem^en^t^A^d^mⁱⁿⁱ^s^t^ratⁱ^oⁿ¹^,857.6¹^,936.6¹^,939.1¹^,954.4
^B^u^reau^of^A^l^coh^o^{l, T}^{obacco, Firearm}^s^an^d
^Ex^pl^osⁱ^v^es^1,007.6¹^,027.8¹^,054.2¹^,042.8
^F^e^deral^Pri^s^on^S^y^s^t^em^5,425.5⁵^,533.9⁵^,733.9⁵^,973.9
^O^f^fⁱ^{ce of}^Vⁱ^ol^en^{ce A}^g^aiⁿ^s^t^Wom^eⁿ^400.0^280.0^435.0^415.0
^O^f^fⁱ^{ce of}^Ju^s^tⁱ^{ce Prog}^ram^s^2,282.0^792.7²^,694.1²^,721.1
^Ju^s^tⁱ^{ce as}^sⁱ^s^t^an^ce^196.2^134.6^95.0^240.0
^S^t^at^{e an}^{d l}^o^cal^l^a^w^en^f^o^rcem^en^t^as^sⁱ^s^t^an^ce^1,008.1^b^404.0¹^,277.0¹^,387.0
^{Weed an}^{d s}^{eed prog}^ram^f^uⁿ^d^32.1^—^—^25.0
^C^o^m^m^uⁿⁱ^t^y^ori^eⁿ^t^{ed pol}ⁱ^cⁱⁿ^g^s^e^rvⁱ^ces^587.2^—^627.0^600.0
^Salaries^an^{d Ex}^pen^s^es^c^—^—^195.0^c^—
^Ju^v^eⁿⁱ^l^e^j^u^s^tⁱ^{ce prog}^ram^s^383.5^185.0^431.0^400.0
^Pu^blⁱ^c^s^a^f^e^t^y^of^fⁱ^cers^ben^e^fⁱ^t^s^74.8^69.1^69.1^69.1
^T^o^tal^:^D^e^p^a^rtm^eⁿ^t^{of Ju}^s^tⁱ^c^e^23,591.9^23,088.9^25,438.7^25,778.6

^Source:^H^ous^{e Appr}^oprⁱ^a^tⁱ^ons^C^o^m^mⁱ^t^t^ee^Prⁱⁿ^t^on^t^h^{e C}^ons^olⁱ^dat^{ed Appr}^oprⁱ^a^tⁱ^ons^Act^,^{2008 (}^H^.R.
^2764/^P.L^.^110-161)^;^Budget^of^t^h^{e U}ⁿⁱ^t^e^{d St}^at^es^G^o^ver^nm^ent^,^Fi^s^c^al^Y^e^ar²⁰⁰⁹^{— Appendi}^x^{; Ho}^u^s^e
^A^ppropriation^s^C^o^m^m^ittee-^approv^{ed draf}^{t bill an}^{d report; an}^{d S. 3182 (S.R}^{ept. 110-}^397).
^No^te:^A^m^o^uⁿ^t^{s m}^a^yⁿ^o^{t to}^{tal d}^u^{e to}^r^o^uⁿ^dⁱⁿ^g^.
^{a. T}^h^{e F}^Y^{2008 En}^act^{ed col}^u^mⁿ^doesⁿ^o^t^ref^l^ect^{a D}^O^J^bu^dg^et^re^p^r^o^g^r^a^m^mⁱ^{ng requ}^es^t^f^o^{r $240}
^m^illioⁿ^th^{at h}^a^{s b}^een^su^b^m^itted^b^y^th^{e A}^d^mⁱⁿⁱ^str^a^tioⁿ^to^th^{e Ho}^u^s^{e an}^d^Sen^a^te^Co^m^m^ittees^oⁿ
^A^ppropriation^s^{, an}^{d partially}^approv^{ed by}^th^e^com^m^ittees^f^o^{r $109 m}^illion^.^{Nor does}^{it ref}^l^ect
^an^addition^a^{l $449 m}^illion^prov^ided^{to DOJ}^as^{part of}^th^{e Su}^pplem^en^{tal A}^ppropriation^s^A^c^t^,
^{2008 (P.L}^{. 110-}^252).
^{b. In}^clu^d^es^{$100 m}^illionⁱⁿ^em^erg^eⁿ^c^y^f^uⁿ^dⁱⁿ^g^th^{at w}^a^s^{appropriated f}^o^{r s}^ecu^rity^at^th^e^P^r^es^iden^tial
^N^o^mⁱ^na^tⁱ^{ng Co}^nve^ntⁱ^o^ns.
^{c. T}^h^e^Ho^u^s^e^Co^m^m^ittee-^ap^p^r^o^v^ed^d^r^af^t^b^illⁱⁿ^clu^d^ed^{a sep}^a^{rate su}^b^acco^uⁿ^t^th^{at w}^o^u^l^d^b^r^eak^o^u^{t an}^d
^prov^{ide $195 m}^illion^f^o^{r OJ}^P^,^OVW^{, an}^{d C}^O^P^S^admⁱⁿⁱ^s^t^rativ^{e cos}^t^s^.

In addition, DOJ has reportedly submitted a $240 million budget reprogramming
request to the House and Senate Committees on Appropriations to cover FY2008
budget shortfalls in the Federal Prison System account, of which $109 million has
been approved.¹⁸ This reprogramming request is not reflected in Table 1, but it will
likely result in funding being shifted to the Federal Prison System account from other
DOJ accounts for FY2008. Both House- and Senate-passed versions H.R. 2642
would provide $187.1 million for the Federal Prison System, $9.1 million of which
was requested by the Administration.
The House Appropriations Committee has approved a draft bill that would
provide DOJ with $25,438.7 million for FY2009. This amount includes $7,108.1
million for the FBI, $1,939.1 million for the DEA, $1,054.2 million for the ATF, and
$5,733.9 million for the Bureau of Prisons. The House draft bill also includes
$3,129.1 million in state and local law enforcement assistance (OJP and OVW),
instead of cutting such funding by $1,609.2 million, as proposed by the
Administration.
The Senate Appropriations Committee has reported a bill (S. 3182; S.Rept. 110-
252) that would provide DOJ with $25,778.6 million for FY2009. This amount
includes $7,270.1 million for the FBI, $1,954.4 million for the DEA, $1,042.8
million for the ATF, and $5,973.9 million for the Bureau of Prisons. The Senate-
reported bill also includes $3,136.1 million in state and local law enforcement
assistance (OJP and OVW).
FY2008 Supplemental Funding Request and Congressional Action.
Congress has also provided DOJ with an additional $449 million in FY2008 funding
as part of the Supplemental Appropriations Act, 2008 (P.L. 110-152). This FY2008
supplemental funding has not been incorporated into Table 1. Instead, that funding
is broken out separately in Table 2. For FY2008, the Administration had requested
$185.8 million in supplemental funding for DOJ. The bill (H.R. 2642) originally
passed by the House would have provided DOJ with $407.3 million in supplemental
funding, and the bill passed by the Senate (also H.R. 2642) would have provided
$1,130.6 million. In an exchange of amendments, the House and Senate resolved
their differences and the bill was cleared for the President on June 26, 2008.
Although the discussion below provides the amounts at the account and
subaccount level provided for DOJ in P.L. 110-252, those amounts have not been
incorporated into the FY2008 enacted funding levels given below.

¹⁸ CRS conversation with DOJ Office of Congressional Affairs on June 5, 2008.

Table 2. FY2008 Supplemental Funding for
the Department of Justice
(budget authority in millions of dollars)
^Hou^s^e-^Sena^t^e^-^Ena^c^t^e^d
^P^a^sse^d^P^a^sse^d^Juⁿ^e^26,
^Acco^unt^s^R^equest^M^{ay 15}^M^{ay 22}²⁰⁰⁸
^Gen^e^r^a^{l A}^d^mⁱⁿⁱ^str^a^tioⁿ^—⁴^.⁰⁴^.0⁴^.⁰
^Of^fⁱ^{ce of}^th^{e In}^s^p^{ector Gen}^e^ral^—^4.0⁴^.0^4.0
^L^e^g^a^{l A}^c^tiv^ities²⁴^.⁰²⁵^.³⁷⁵^.³³⁵^.³
^Gen^e^r^a^{l L}^e^g^a^{l A}^c^tiv^ities⁴^.1¹^.⁷¹^.7¹^.⁷
^{U.S. A}^ttorn^ey^s⁵^.0^5.0⁵^.0^5.0
^U^.^S^.^Mars^h^a^l^s^S^e^rvⁱ^c^e^14.9^18.6^68.6^28.6
^F^e^deral^Bu^reau^of^In^v^e^s^tⁱ^g^atⁱ^oⁿ^140.2^174.8^247.6^188.7
^C^o^uⁿ^t^ert^e^rrori^s^m^101.1^92.2^165.0^106.1
^F^Y^{2009 A}^d^v^aⁿ^{ced A}^ppropri^a^tⁱ^oⁿ^39.1^82.6^82.6^82.6
^D^r^u^g^En^f^o^rcem^en^t^A^d^mⁱⁿⁱ^s^t^ratⁱ^oⁿ⁸^.5^12.2^22.7^29.9
^B^u^reau^of^A^l^coh^o^{l, T}^{obacco, Firearm}^s^an^d^4.0⁴^.0^4.0⁴^.0
^Ex^pl^osⁱ^v^es
^F^e^deral^Pri^s^on^S^y^s^t^em^9.1^187.1^187.1^187.1
^{State an}^{d L}^o^{cal L}^a^w^En^f^o^rcem^en^t
^A^s^sⁱ^s^t^an^ce^—^—^590.0^—
^T^o^{tal: FY2008 DO}^{J Supplem}^ental^185.8^407.3¹^,130.6^449.0
^Source:^{For Hou}^s^{e am}^ouⁿ^t^s^,^s^ee^C^ongr^es^sⁱ^onal^Recor^d^,^Daily^Edition^,^v^o^{l. 154 (May}^{15, 2008), p.}
^H^{4012. F}^o^{r S}^eⁿ^a^t^e^am^ouⁿ^t^s^,^s^ee^C^ongr^es^sⁱ^onal^Recor^d^{, Daily}^Edition^,^v^o^{l. 154 (May}^19,^2008),^p.
^S^{4302. F}^o^{r en}^act^{ed am}^ouⁿ^t^s^,^s^{ee t}^h^{e S}^u^ppl^em^en^t^a^l^A^ppropri^a^tⁱ^oⁿ^s^A^c^t^,^{2008 (P.L}^{. 110-}^252).
^No^te:^A^m^o^uⁿ^t^{s m}^a^yⁿ^o^{t to}^{tal d}^u^{e to}^r^o^uⁿ^dⁱⁿ^g^.
General Administration
The General Administration account provides funds for salaries and expenses
for the Attorney General’s office and the Inspector General’s office, as well as other
programs designed to ensure that the collaborative efforts of DOJ agencies are
coordinated to help fight crime as efficiently as possible. The General
Administration budget request is $1,956.1 million for FY2009. This amount is
$161.3 million more than the enacted FY2008 appropriation of almost $1,794.8
million, an increase of 8.8%. The House committee-approved draft bill would
provide $2,014.2 million for General Administration, 12.2% more than the FY2008
enacted level and 3.2% more than the FY2009 request. The Senate-reported bill
would provide $1,928.4 million for General Administration, 7.4% more than the
FY2008 level and 1.2% less than the FY2009 request.
Also, in the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided the Office of the Inspector General (OIG) with an additional $4 million.
Described below are several General Administration subaccounts, such as the OIG.
General Administration. For General Administration, the FY2009 budget
request includes $321.3 million dollars, an increase of 24.7% over the $257.6 million

appropriation for FY2008. The House draft bill would provide $384.7 million,
49.3% more than FY2008 level and 19.7% more than the President’s request. The
Senate-reported bill would provide $292.7 million, 13.6% more than FY2008
enacted level, but 8.9% less than the President’s request.
Examples of programs funded under this subaccount include the Joint
Automated Booking System and the Automated Biometric Identification System.
The latter is designed to integrate fingerprint identification systems maintained by
DOJ and Department of Homeland Security (DHS). Under this subaccount, DOJ
also continues to enhance its counterterrorism and intelligence capabilities through
the Law Enforcement Wireless Communications program (LEWC, formerly known
as Narrowband Communications), through which nationwide integrated wireless
networks are being developed and implemented to support the federal law
enforcement and homeland security missions of DOJ. In addition, this account funds
the Justice Information Sharing Technology (JIST) program, which provides for
investments in information technology to further support the Department’s strategic
goals.
Administrative Review and Appeals (ARA). ARA includes the Executive
Office of Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA).
The Attorney General is responsible for the review and adjudication of immigration
cases in coordination with the DHS’s efforts to secure the Nation’s borders. The
EOIR handles these matters. The OPA receives and reviews petitions for executive
clemency. For FY2008, Congress appropriated $240.7 million for ARA. The
President’s budget request includes $259.8 million for ARA funding for FY2009.
The requested amount exceeds FY2008 funding levels by $19.1 million, representing
an increase of 8.0%. The House draft bill would provide $264.8 million, 10% more
than the FY2008 enacted level and 1.9% more than the President’s request. The
Senate-reported bill would provide the same amount as the House draft bill. Both
bills include $5 million over the FY2009 request to hire new immigration judges and
additional support staff to address the growing EOIR immigration caseload.
Federal Office of Detention Trustee (OFDT). The OFDT provides overall
management and oversight for federal detention services relating to federal prisoners
in non-federal institutions or otherwise in the custody of the U.S. Marshals Service.
The FY2009 budget request for OFDT is $1,295.3 million. This amount is $69.4
million more than the FY2008 appropriation of almost $1,225.9 million. The House
draft bill would provide $1,289.1 million for OFDT, 5.1% more than FY2008
enacted levels and 0.5% less than the President’s request. The Senate-reported bill
would provide the same amount as the President’s request.
Office of the Inspector General (OIG). The OIG is responsible for
detecting and deterring waste, fraud, and abuse involving DOJ programs and
personnel; promoting economy and efficiency in DOJ operations; and investigating
allegations of departmental misconduct. The President’s FY2009 budget request
includes nearly $75.7 million for the OIG. This amount is $5.1 million greater than
the amount appropriated by Congress for FY2008 and would represent a 7.2%
increase in funding for FY2009. Both the House draft and Senate-reported bills
would provide the same amount as the President’s FY2009 request.

As noted above, the Supplemental Appropriations Act, 2008 (P.L. 110-252),
includes an additional $4 million for the OIG to continue audit and oversight
activities related to the FBI’s use of National Security Letters and orders for business
records under section 215 of the PATRIOT Act.¹⁹
U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests for prisoners who are
serving felony sentences under federal and District of Columbia code violations. For
FY2009, the President’s budget request for the Parole Commission is just under
$12.6 million, or a 9.7% increase as compared with the FY2008 appropriation of
$11.5 million. Both the House committee-approved draft bill and the Senate-
reported bill would provide the same amount as in the President’s FY2009 request.
Legal Activities
The Legal Activities account includes several subaccounts: (1) general legal
activities, (2) U.S. Attorneys, (3) U.S. Marshals Service, and (4) other legal activities.
For FY2009, the President’s budget request for general legal activities includes
$3,829.7 million, or an increase of 6.9% and nearly $245.7 million more than the
enacted FY2008 funding level of $3,584.0 million for these activities. The House
committee-approved draft bill would provide almost $3,841.9 million for legal
activities, 7.2% more than the FY2008 enacted level and 0.3% more than the
President’s request. The Senate-reported bill would provide almost $3,864.7 million,
7.8% more than the FY2008 enacted level and 0.9% more than the President’s
request.
In the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided an additional $35.3 million in FY2008 funding for certain Legal Activities
program accounts, including the General Legal Activities, U.S. Attorneys, and U.S.
Marshals Service.
General Legal Activities. The General Legal Activities account funds the
Solicitor General’s supervision of the department’s conduct in proceedings before the
Supreme Court. It also funds several departmental divisions (tax, criminal, civil,
environment and natural resources, legal counsel, civil rights, and antitrust). The
FY2009 budget request includes $804 million for general legal activities, $58.5
million more than the FY2008 enacted appropriation, or a proposed 7.8% increase
in funding. The House draft and Senate-reported bills include the same level of
funding as the President’s FY2009 budget request.
As part of the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided an additional $1.7 million for the General Legal Activities account for
litigation support services for the Special Inspector General to investigate corruption

¹⁹ For House explanatory language, see Congressional Record, Daily Edition, vol. 154 (May
15, 2008), p. H4012. For Senate explanatory language, see Congressional Record, Daily
Edition, vol. 154 (May 19, 2008), p. S4302.

within Iraqi reconstruction efforts,²⁰ instead of the $4.1 million requested by the
Administration. House explanatory language stated that funding was not provided
to create Iraq and Afghanistan support units within General Legal Activities and the
Criminal Division, as these “worthy activities” should be funded through the
Department of Defense and the Department of State.²¹
Office of the U.S. Attorney. The U.S. Attorneys enforce federal laws
through prosecution of criminal cases and represent the federal government in civil
actions in all of the 94 federal judicial districts. For FY2009, the President’s budget
request would provide $1,831.3 million for the U.S. Attorneys Office, a 4.4%
increase over the prior year. For FY2008, the U.S. Attorneys’ appropriated budget
is almost $1,754.8 million.
The House draft bill includes $1,836.3 million for the U.S. Attorneys Office,
4.6% more than enacted FY2008 appropriations and 0.3% more than the President’s
FY2009 request. The House amount includes $5 million more than requested by the
Administration for child exploitation investigations and prosecutions. Draft report
language states the House committee’s expectation that not less than $33.6 million
would be available for those purposes in FY2009. The Senate-reported bill includes
the same level of funding as requested by the President for FY2009.
In addition, the Supplemental Appropriations Act, 2008 (P.L. 110-252) included
an additional $5 million for the Office of the U.S. Attorneys, as requested by the
Administration for extraordinary litigation expenses associated with terrorism-related²²
prosecutions in the United States.
U.S. Marshals Service (USMS). The USMS is responsible for the
protection of the federal judicial process, including protecting judges, attorneys,
witnesses, and jurors. In addition, USMS provides physical security in courthouses,
safeguards witnesses, transports prisoners from court proceedings, apprehends
fugitives, executes warrants and court orders, and seizes forfeited property. For
FY2008, the appropriation for the USMS is $866.5 million.
The President’s request for FY2009 proposed USMS funding of $933.1 million,
an increase of $66.6 million, or 7.7% over the FY2008 enacted level. The House
draft bill would provide $940.3 million for USMS, 8.5% more than FY2008 enacted
levels and 0.8% more than the President’s budget request. The Senate-reported bill
would provide $968.1 million, 11.7% more than FY2008 enacted funding and 3.8%
more than the President’s budget request. Both bills would provide $12.7 million
requested by the Administration to meet the Marshal Service’s escalating
immigration workload related to Southwest border immigration enforcement. House
draft report language indicates that the House bill would provide $4 million for the
Marshals Service to analyze increasing threats to federal judges. Senate report
language indicates that the Senate bill includes an increase of $20 million over the

²⁰ Ibid., p. H4013 and p. S4302.
²¹ Ibid., p. H4013.
²² Ibid., p. H4013 and p. S4303.

FY2008 appropriations for judicial and courthouse security, the same amount as
requested by the Administration.
The Supplemental Appropriations Act, 2008 (P.L. 110-252), includes an
additional $28.6 million for the USMS, as compared with the $14.9 million requested
by the Administration. Previous versions of both the House- and Senate-passed
FY2008 Iraq war supplemental appropriations bills (H.R. 2642) included $18.6
million for the USMS to provide security at “high-threat” terrorist trials (nearly $8
million), improve court witness security in Afghanistan ($3.7 million), and enforce
the Adam Walsh Child Protection and Safety Act (nearly $7 million).²³ Furthermore,
the Senate-passed bill included an additional $50 million for the USMS to enforce
the Adam Walsh Act by hiring and equiping at least 200 Deputy Marshals and 25
support personnel for the next five years.²⁴ According to Senate language, this
funding was necessary to establish a National Sex Offender Targeting Center,
improve information technology, and provide other infrastructure to leverage efforts
by Deputy Marshals to track down child predators.²⁵
Regarding the Adam Walsh Child Protection and Safety Act, both House draft
and Senate report language accompanying the FY2009 appropriations bills expressed
disappointment that the FY2009 request included no budget increases for the
Marshals Service to enforce this legislation. House report language indicated that
with FY2008 supplemental funding that there would be nearly $18.5 million
available for Adam Walsh enforcement activities for FY2009. Senate report
language indicated that $25 million would be provided for these purposes for
FY2009.
Other Legal Activities. For other legal activities — the Community
Relations Service, the U.S. Trustee Fund (which is responsible for maintaining the
integrity of the U.S. bankruptcy system by, among other things, prosecuting criminal
bankruptcy violations), and the Asset Forfeiture program — the President’s FY2009
budget request includes $261.2 million. This amount reflects a decrease in funding
of $44.1 million, or a 20.3% increase over the FY2008 enacted level of $217.1
million. The House draft and Senate-reported bills would provide the same funding
level as requested in the FY2009 President’s budget.
National Security Division (NSD)
The NSD coordinates DOJ’s national security and terrorism missions through
law enforcement investigations and prosecutions. The NSD was established in DOJ
in response to the recommendations of the Commission on the Intelligence
Capabilities of the United States Regarding Weapons of Mass Destruction (WMD
Commission), and authorized by Congress on March 9, 2006, in the USA PATRIOT
Improvement and Reauthorization Act of 2005 (P.L. 109-177). Under the NSD, the
DOJ resources of the Office of Intelligence Policy and Review and the Criminal

²³ Ibid.
²⁴ Ibid., p. S4213.
²⁵ Ibid.

Division’s Counterterrorism and Counterespionage Sections were consolidated to
coordinate all intelligence-related resources and ensure that criminal intelligence
information is shared, as appropriate.
For FY2009, the President’s budget request proposes NSD funding of $83.8
million. In FY2008, Congress appropriated nearly $73.4 million for NSD. The
proposed funding level for FY2009 reflects a 14.2% increase over FY2008 enacted
appropriations. The House committee-approved draft and Senate-reported bills
would provide the same funding level as requested in the FY2009 President’s budget.
House draft report language expressed concern about the backlog of “non-
emergency” Foreign Intelligence Surveillance Act (FISA) requests at the NSD, and
would require a report to the House and Senate Appropriations Committees from
DOJ on FISA request trends for the past five fiscal years. House draft report
language also commended the NSD for its “proactive oversight” of the FBI’s use of
national security letters and other surveillance authorities.
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF) program. Organized into nine regional task forces, this program
combines the expertise of federal agencies with the efforts of state and local law
enforcement to disrupt and dismantle major narcotics-trafficking and money-
laundering organizations. From DOJ, the federal agencies that participate in
OCDETF are the Drug Enforcement Administration; the Federal Bureau of
Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S.
Marshals Service; the Justice, Tax, and Criminal Divisions of DOJ; and the U.S.
Attorneys. From DHS, the U.S. Bureau of Immigration and Customs Enforcement
and the U.S. Coast Guard participate in OCDETF. In addition, the Internal Revenue
Service and Treasury Office of Enforcement also participate from the Department of
the Treasury. State and local law enforcement agencies participate in approximately

90% of all OCDETF investigations.²⁶

For FY2009, the President’s request would provide almost $531.6 million for
OCDETF. The proposed FY2009 funding level would exceed the FY2008 OCDETF
enacted funding level of $497.9 million by 6.8%. The House draft bill would provide
$521.9 million, 4.8% more than the FY2008 enacted level but 1.8% less than the
President’s request. The Senate-reported bill would provide $511.7 million, 2.8%
more than the FY2008 enacted level but 3.7% less than the President’s request.
Federal Bureau of Investigation (FBI)
The FBI is the lead federal investigative agency charged with defending the
country against foreign terrorist and intelligence threats; enforcing federal laws; and
providing leadership and criminal justice services to federal, state, municipal, tribal,
and territorial law enforcement agencies and partners. Since the September 11, 2001,

²⁶ U.S. Department of Justice, Interagency Law Enforcement, FY2009 Interagency Crime
and Drug Enforcement Congressional Submission, February 2008, p. 9.

terrorist attacks, the FBI has reorganized and reprioritized to focus more sharply on
preventing terrorism and related criminal activities.
For FY2009, the President’s request would provide $7,108.1 million for the
FBI, including $2,725.5 million for counterterrorism investigations, foreign
counterintelligence, and other national security activities, as well as construction
funding of nearly $43 million. The enacted FY2008 FBI budget included $6,657.7
million, of which $2,308.6 million has been provided for national security activities,
and $164.2 million for construction. Taken as a whole, the FY2009 budget request
would exceed the FBI’s FY2008 funding level by $450.4 million, an overall funding
increase of 6.8%.
The House committee-approved draft bill would provide FY2009 FBI funding
at the same levels as the President’s budget request. Nonetheless, House draft report
language indicates that no funding would be available for the FBI’s National Security
Analysis Center (NSAC), as the committee was concerned about the FBI plans to use
“predictive models and patterns of behavior” that could possibly lead to needless
privacy intrusions into the lives of innocent citizens. The House draft report
language also called upon the FBI to report to the House and Senate Appropriations
Committees on intelligence collection on foreign entities that are not connected to
ongoing national security investigations. Draft report language also indicated that for
FY2009, the House bill would provide increases of $10 million for mortgage fraud
investigations, $3 million for contracting fraud, and $10 million for child exploitation
investigations.
The Senate-reported bill would provide $7,270.1 million for the FBI, 9.2%
more than the FY2008 funding level and 2.3% more than the President’s request and
the House amount. Senate report language expressed the committee’s
disappointment that the FBI did not deliver a work force study that was due 60 days
following the enactment of the FY2008 appropriation (February 19, 2008). Report
language noted further that the FBI had undergone a tremendous transformation since
2001 in terms of organizational structure and investigative priorities, but the
committee remains concerned that the FBI has not adequately considered the
distribution of its staff and resources around the country. Report language also
indicated that the Senate bill would provide increases of $38 million for cyber crime
investigations, $1.5 million for the investigation of human rights violators from
foreign countries residing in the United States, $10 million for mortgage fraud
investigations, $9 million for the Innocent Images National Initiative, and $9 million
for task forces dedicated to reducing violent crime and gang violence.
In the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided the FBI with an additional $188.7 million for counterterrorism purposes,
of which $106.1 million is a supplemental appropriation for FY2008 and $82.6
million is an advanced FY2009 appropriation to ensure operational continuity in the
event that the FY2009 appropriations may not be enacted by the end of FY2008. The
Administration had previously requested $140.2 million in FY2008 supplemental
funding for the global war on terror. Previous versions of the House- and Senate-
passed FY2008 Iraq war supplemental appropriations bills (H.R. 2642) included
different amounts for the FBI. The House bill would have provided $92.2 million for

counterterrorism operations in Iraq and Afghanistan.²⁷ The Senate bill would have
provided $165 million for the FBI, including $140 million for counterterrorism
operations generally, $20 million for forensics backlog reduction, and $5 million for
fraud investigations.²⁸ Both included $82.6 million in “bridge funding” to maintain
FBI operations for the first six months of FY2009, as did the enacted supplemental.²⁹
Drug Enforcement Administration (DEA)
The DEA is the lead federal agency tasked with reducing the illicit supply and
abuse of narcotics and drugs through drug interdiction and seizing of illicit revenues
and assets from drug trafficking organizations. According to DEA, the agency’s
efforts to reduce the illicit drug supply has contributed to a 23% drop in national drug
use over the past five years.³⁰ By 2009, one of DEA’s goals is to recover $3 billion
in ill-gotten proceeds annually from international drug trafficking networks operating
in the United States. In congressional testimony on April 19, 2007, DEA noted that
it continues to face evolving challenges in limiting the supply of illicit drugs, such
as the illicit use of pharmaceutical drugs available through the Internet, and
enforcement along the Southwest border with Mexico, where DEA estimates that

85% of illicit drugs are smuggled into the United States.³¹

For FY2009, the President’s budget request includes almost $1,936.6 million
in funding for DEA. This amount would exceed the enacted FY2008 funding level
of $1,857.6 million by $79 million and would reflect a 4.3% funding increase. The
House Committee-approved draft bill would provide $1,939.1 million, 4.4% above
the FY2008 enacted level and 0.1% over the FY2009 request. The Senate-reported
bill would provide $1,954.4 million, 5.2% above the FY2008 enacted level and 0.9%
over the FY2009 request.
As part of the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided DEA with an additional $29.9 million to thwart narco-terrorism, as
compared with the $8.5 million requested by the Administration.³² Previously, a
House-passed version of the Iraq supplemental appropriations bill (H.R. 2642) would
have provided DEA with $12.2 million,³³ while a Senate-passed version of the bill
(also H.R. 2642) would have provided $22.7 million.³⁴ Both bills would have
supported DEA’s efforts to advance a narco-terrorism initiative known as “Operation

²⁷ Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4013.
²⁸ Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4303.
²⁹ Ibid., p. H4013 and p. S4303.
³⁰ Statement of Karen Tandy, Administrator, Drug Enforcement Agency, Hearing before the
Senate Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and
Related Agencies, Drug Threats and Enforcement Challenges, April 19, 2007.
³¹ Ibid.
³² Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4303.
³³ Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4013.
³⁴ Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4303.

Breakthrough” as well as efforts to conduct financial investigations, but the Senate
version of the bill would have provided additional funding for certain intelligence
programs that support the Afghan government’s counternarcotics efforts.³⁵
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)³⁶
The ATF enforces federal criminal law related to the manufacture, importation,
and distribution of alcohol, tobacco, firearms, and explosives. ATF works both
independently and through partnerships with industry groups, international, state and
local governments, and other federal agencies to investigate and reduce crime
involving firearms and explosives, acts of arson, and illegal trafficking of alcohol and
tobacco products.
For FY2009, the President’s request includes nearly $1,027.8 million for ATF.
Compared with FY2008 congressional appropriations of $1,007.6 million, the
President’s request would provide a funding increase of $20.2 million, or 2% more
than FY2008 levels. The House committee-approved draft bill would provide
$1,054.2 million, 4.6% above the FY2008 enacted level and 2.6% over the FY2009
request. House draft report language indicated that the House bill would provide an
increase of $5 million for “Project Gunrunner,” a Southwest border initiative to
reduce illegal gun trafficking from the United States to Mexico. The Senate-reported
bill would provide $1,042.8 million, 3.5% above the FY2008 enacted level and 1.5%
over the FY2009 request. Senate report language indicated that the Senate bill would
provide an increase of $15 million to expand ATF’s Violent Crime Impact Teams.
Both House draft and Senate report language expressed the committees’ continued
support of ATF’s National Integrated Ballistic Information Network.
As part of the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
has provided ATF with $4 million in additional FY2008 funding, the same amount
as requested by the Administration for ATF operations in Iraq and Afghanistan.
Previous versions of both the House- and Senate-passed Iraq war supplemental
appropriations bills (H.R. 2642) included $4 million for this purpose.³⁷ The Senate
version of the bill also included another $15 million to bolster an ATF initiative
known as “Project Gunrunner,”³⁸ but this funding was not included in the enacted
bill.

³⁵ Ibid.
³⁶ For further information, see CRS Report RL34514, The Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF): Budget and Operations, by William J. Krouse.
³⁷ For House explanatory language, see Congressional Record, Daily Edition, vol. 154 (May
15, 2008), p. H4012. For Senate explanatory language, see Congressional Record, Daily
Edition, vol. 154 (May 19, 2008), p. S4302.
³⁸ Ibid., p. S4313 and S4382.

Federal Prison System (Bureau of Prisons)
The Bureau of Prisons (BOP) maintains federal penal institutions nationwide
and contracts with state, local, and private facilities for additional detention space.
BOP projects that in 2008 there will be 207,020 inmates in the federal prison system
population, and BOP estimates that this population will grow to approximately
213,220 by the end of 2009.³⁹ Of the total number of federal inmates, over 167,000
are in facilities operated by BOP, while the remaining 17% are in contract care at
privately operated secure facilities, residential reentry centers, or serving a sentence
of home confinement. BOP estimates that its facilities were operating at 39% above
capacity, as of January 29, 2008, and it estimates that by 2009, the facilities will be
operating at 42% above capacity.⁴⁰
The President’s FY2009 budget request proposes BOP funding of almost
$5,533.9 million, of which $95.8 million would be provided for acquisition of sites
and construction of facilities. This amount would exceed total enacted FY2008
appropriations of $5,425.5 million by over $108.4 million, reflecting a 2% increase
in funding. The House committee-approved bill includes $5,733.9 million for the
BOP, a 5.7% increase over the FY2008 enacted level and a 3.6% increase over the
FY2009 request. The Senate-reported bill includes $5,973.9 million for BOP, a
10.1% increase over the FY2008 enacted level and an 8% increase over the FY2009
request.
The Supplemental Appropriations Act, 2008 (P.L. 110-252), includes an
additional $187.1 million for the BOP. This amount includes the $9.1 million
requested by the Administration for the BOP to monitor the communications of
incarcerated terrorists, collect intelligence, and disseminate relevant intelligence to
other law enforcement agencies.⁴¹ It also includes an additional $178 million for
BOP to cover FY2008 budget shortfalls and provide for costs related to the care and
custody of inmates and the maintenance and operation of correctional and penal
facilities.⁴² Both amounts were also included in the previous House- and Senate-
passed versions of the FY2008 supplemental appropriations bills (H.R. 2642).
Office on Violence Against Women
The Office on Violence Against Women (OVW) was created to administer
programs created under the Violence Against Women Act (VAWA) of 1994 and
subsequent legislation. These programs provide financial and technical assistance
to communities around the country to facilitate the creation of programs, policies,

³⁹ U.S. Department of Justice, Federal Bureau of Prisons, FY2009 Congressional Budget
Submission, p. 2.
⁴⁰ Ibid., pp. 2-3.
⁴¹ Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4013. For Senate
explanatory language, see Congressional Record, Daily Edition, vol. 154 (May 19, 2008),
p. S4303.
⁴² Ibid., p. H4029, and ibid., p. S4313.

and practices designed to improve criminal justice responses related to domestic
violence, dating violence, sexual assault, and stalking.
Table 3. Funding for Office on Violence Against Women
(budget authority in thousands of dollars)
^Sena^t^e^-
^FY²⁰⁰⁷^FY²⁰⁰⁸^FY²⁰⁰⁹^Hou^s^e^Reported
^Accounts^Ena^c^t^e^d^Ena^c^t^e^d^Request^{Draft Bi}^l^l^B^ill
^S^T^O^P^G^r^an^t^s^185,403^183,800^—^200,000^185,000
^Natioⁿ^a^{l I}ⁿ^stitu^{te o}^f^J^u^{stice Ear}^m^ar^k^-
^R^e^s^earch^&^D^e^v^e^l^opm^en^t^—^1,880^—^2,000^1,880
^T^r^an^sitioⁿ^a^{l Ho}^u^sⁱⁿ^g^A^ssistan^ce^—¹⁷^,³⁹⁰^—²⁰^,⁰⁰⁰¹⁷^,³⁹⁰
^G^r^an^t^s^t^o^En^cou^r^ag^{e A}^r^res^t^Polⁱ^cⁱ^e^s^62,433^59,220^—^60,000^59,000
^R^u^ral^D^o^m^e^s^tⁱ^c^Vⁱ^ol^en^{ce A}^s^sⁱ^s^t^an^{ce G}^r^an^t^s^38,768^40,420^—^41,000^42,000
^Vⁱ^ol^en^{ce on}^C^o^l^l^e^g^e^C^a^m^p^u^s^es^8,962^9,400^—^10,000^9,400
^Cⁱ^vⁱ^l^L^e^g^a^l^A^s^sⁱ^s^t^an^ce^38,821^36,600^—^41,000^42,000
^S^e^x^u^a^l^A^s^s^a^u^l^t^Vⁱ^ctⁱ^m^s^S^e^rvⁱ^ces^—^9,400^—^15,000^12,000
^El^{der A}^b^u^s^{e G}^r^an^t^Prog^ram⁴^,494^4,230^—^5,000^4,500
^S^a^f^e^H^a^v^eⁿ^s^Proj^ect^13,753^13,630^—^15,000^14,000
^E^d^uc^a^tⁱ^o^{n a}ⁿ^d^T^r^aⁱⁿⁱ^{ng fo}^r^Dⁱ^sa^b^l^e^d^Fe^m^a^l^e
^Vⁱ^ctⁱ^m^s⁷^,082^6,580^—^7,000^6,580
^C^o^u^r^t^-^A^ppoiⁿ^t^{ed S}^p^eci^al^A^d^v^o^cat^es^(C^A^S^A⁾^11,776^13,160^—^15,000^15,000
^T^r^aiⁿⁱⁿ^g^f^o^{r Ju}^di^ci^al^Pers^onⁿ^e^l²^,264^2,350^—^3,000^2,820
^S^t^al^kⁱⁿ^g^D^a^t^a^bas^e^2,932^2,820^—^3,000^3,030
^C^o^u^r^t^T^r^aiⁿⁱⁿ^g^an^{d Im}^prov^em^en^t^s^—^2,820^—^3,000^2,820
^S^e^rvⁱ^ces^f^o^{r C}^hⁱ^l^d^ren^/^Y^o^u^t^h^Ex^pos^{ed t}^o^Vⁱ^ol^en^ce^—^2,820^—^3,000^2,770
^A^d^v^o^cat^es^f^o^{r Y}^o^u^t^h^/^S^e^rvⁱ^ces^f^o^{r Y}^o^u^t^h^Vⁱ^ctⁱ^m^s^—^2,820^—^5,000^2,820
^N^a^tⁱ^oⁿ^a^l^T^rⁱ^b^al^S^e^x^O^f^f^eⁿ^d^{er R}^e^gⁱ^s^t^ry^—⁹⁴⁰^—^1,000⁹⁴⁰
^R^e^s^earch^on^Vⁱ^ol^en^{ce A}^g^aiⁿ^s^t^In^di^an^Wom^eⁿ^—⁹⁴⁰^—^1,000⁹⁴⁰
^C^l^os^{ed C}ⁱ^rcuⁱ^t^T^e^l^e^vⁱ^sⁱ^on^G^r^an^t^s⁹⁷⁶⁹⁴⁰^—^—⁹⁴⁰
^En^g^a^gⁱⁿ^g^Men^an^{d Y}^o^u^t^hⁱⁿ^Prev^en^tⁱ^oⁿ^—^2,820^—^3,000^2,500
^T^r^aⁱⁿⁱ^{ng P}^r^o^g^r^a^m^s^t^o^A^ssi^st^P^r^o^b^a^tⁱ^o^{n a}ⁿ^d^P^a^r^o^l^e^4,907^3,290^—^3,000^5,000
^O^ffi^c^e^r^s
^Nation^a^{l R}^e^s^o^u^r^{ce C}^eⁿ^t^{er on}^W^o^rk^{place R}^e^s^pon^s^e^s^—⁹⁴⁰^—^1,000⁹⁴⁰
^P^r^ev^en^tion^an^{d P}^r^os^ecu^tion^of^Violen^{ce A}^g^ain^s^t
^Wom^eⁿ^an^{d R}^e^l^a^t^e^{d V}ⁱ^ctⁱ^m^S^e^rvⁱ^ces^Prog^ram^—^—^280,000^—^—
^T^o^tal^:^V^A^W^A^$382,571^$400,000^$280,000^$435,000^$415,000
^Source:^H^ous^{e Appr}^oprⁱ^a^tⁱ^ons^C^o^m^mⁱ^t^t^{ee Pr}ⁱⁿ^t^on^t^h^e^C^ons^olⁱ^dat^ed^Appr^oprⁱ^a^tⁱ^ons^Act^,^{2008 (}^H^.R.
^2764/^P.L^.^110-161)^;^Budget^of^t^h^{e U}ⁿⁱ^t^e^{d St}^at^es^G^o^ver^nm^ent^,^Fi^s^c^al^Y^e^ar^{2009 — Appendi}^x^{; Ho}^u^s^e
^A^ppropriation^s^C^o^m^m^ittee-^approv^{ed draf}^{t bill an}^{d report; an}^{d S. 3182 (S.R}^{ept. 110-}^397).
^No^te:^A^m^o^uⁿ^t^{s m}^a^yⁿ^o^{t to}^{tal d}^u^{e to}^r^o^uⁿ^dⁱⁿ^g^.

The President’s FY2009 budget request would provide $280 million for OVW,
a reduction of $120 million, or a 30% decrease in funding compared with FY2008
funding of $400 million (see Table 3). Under the President’s FY2009 proposal,
OVW’s current formula and discretionary grant programs would be consolidated into
a single grant program, the Prevention and Prosecution of Violence Against Women
and Related Victim Services Program. Grants under the proposed consolidated
program would be awarded on a competitive basis to state, local, and tribal
governments. Funding would support efforts to develop and implement effective,
coordinated prevention and prosecution of domestic violence, dating violence, sexual
assault and stalking, and support related victims services. According to the
President’s FY2009 proposal, the consolidated grant awards would be “designed to
forge state, local and tribal partnerships among police, prosecutors, the judiciary,
victim advocates, health care providers, faith leaders, and others to help provide
victims with protection and needed services, while enabling communities to hold⁴³
offenders accountable.”
Both the House committee-approved draft bill and the Senate-reported bill reject
the Administrations consolidation proposal and would maintain OVW’s current
program structure. The House draft bill would provide OVW with $435 million, an
increase of 8.8% over the FY2008 enacted level and 55.4% over the FY2009 request.
The Senate-reported bill would provide $415 million, an increase of 3.8% over the
FY2008 enacted level and 48.2% over the FY2009 request.
Office of Justice Programs
The Office of Justice Programs (OJP) manages and coordinates the National
Institute of Justice, Bureau of Justice Statistics, Office of Juvenile Justice and
Delinquency Prevention, Office of Victims of Crimes, Bureau of Justice Assistance,
and related grant programs. For OJP, the Administration’s FY2009 budget request
includes $792.7 million, or nearly $1,489.3 million less than the FY2008
appropriation of $2,282 million. The House committee-approved draft bill includes
$2,694.1 million, an increase of 18.1% over the FY2008 enacted level and an
increase of 239.8% over the FY2009 request.⁴⁴ The Senate-reported bill includes
$2,721.1 million, an increase of 19.2% over the FY2008 enacted level and an
increase of 243.2% over the FY2009 request.
Justice Assistance. While the Administration’s FY2009 request does not
include a proposal to modify the Justice Assistance account, it includes $134.6

⁴³ U.S. Executive Office of the President, Office of Management and Budget, Budget for
Fiscal Year 2009, Appendix, p. 728.
⁴⁴ The House Committee-approved draft bill included funding for several programs that
received appropriations for FY2008 under the Justice Assistance account under different
accounts for FY2009. For example, the House-recommended bill included $63 million for
missing children program under the Juvenile Justice Programs account, $18 million for
grants to support state and local law enforcement agencies in the prevention, investigation
and prosecution of Internet, high-tech and economic crimes under the State and Local Law
Enforcement Assistance account, and $45 million for RISS under the Community Oriented
Policing Services account.

million for this account, or 31.4% less than what was appropriated in FY2008. The
FY2009 request includes funding for the following programs:
^!$34.7 million for National Institute of Justice (NIJ),
^!$53 million for the Bureau of Justice Statistics (BJS),
^!$34.2 million for the Regional Information Sharing System (RISS),
and
^!$12.7 million for support services and administrative expenses for
the Office of Victims of Crime.
By comparison, the enacted FY2008 appropriation for Justice Assistance is
$196.2 million. Some of the programs funded under that amount include
^!$37 million for NIJ,
^!$34.8 million for BJS,
^!$40 million for RISS,
^!$50 million for missing and exploited children, and
^!$11.3 million to support state and local law enforcement agencies in
the prevention, investigation and prosecution of Internet, high-tech,
and economic crimes.⁴⁵
As part of the FY2009 request, the Administration proposed funding missing and
exploited children under a proposed consolidated child safety and juvenile justice
grant program.
The House draft bill would provide $95 million for the Justice Assistance
account, 51.6% less than the FY2008 enacted level and 29.4% less than the FY2009
request. The House bill includes $45 million for NIJ and $50 million for BJS. The
House bill, however, funds programs that for FY2008 received funding under the
Justice Assistance account under other Office of Justice Program accounts for
FY2009. For example, for FY2009 the House bill includes $10 million for victim
notification and $18 million for Internet, high-tech, and economic crimes under the
State and Local Law Enforcement Assistance account, and $45 million for RISS
under the COPS account. The House bill also includes $63 million for missing and
exploited children under the Juvenile Justice programs account.
The Senate-reported bill would provide $240 million for the Justice Assistance
account, 22.3% more than the FY2008 enacted level and 78.2% more than the
FY2009 request. The Senate bill includes
^!$45 million for NIJ,
^!$40 million for BJS,
^!$15 million for victim notification systems,
^!$50 million for RISS, and
^!$70 million for missing and exploited children.

⁴⁵ Congressional Record, Daily Edition, vol. 153 (December 17, 2007), p. H15800.

State and Local Law Enforcement Assistance. The Administration has
requested $404 million for the State and Local Law Enforcement Assistance account
for FY2009 (see Table 4). In addition, the Administration has proposed collapsing
16 State and Local Law Enforcement Assistance grant programs, 14 COPS grant
programs (described below), along with the Weed and Seed program (also described
below), into three competitive grant programs. Under this proposal, the FY2009
request includes
^!$200 million for a Violent Crime Reduction Partnership Initiative to
assist communities experiencing high rates of violent crime — with
an emphasis on reducing drug trafficking and gang activity — by
providing resources for forming and participating in multi-
jurisdictional task forces that would include members of federal,
state, and local law enforcement;
^!$200 million for a Byrne Public Safety and Protection Program to
assist and allow state, municipal, local, tribal, and territorial
governments with developing programs that address the particular
needs of their jurisdiction; and
^!$4 million for community policing training and technical assistance
for state, municipal, local, tribal and territorial governments and
other public and private entities to advance community policing,
expand cooperation between law enforcement agencies and
community members, and enhance public safety.
By comparison, the FY2009 budget request of $404 million for the State and
Local Law Enforcement Assistance grants program is $504.1 million less than the
$908.1 million⁴⁶ Congress appropriated for this program for FY2008 (see Table 4).
The House draft bill includes $1,277.0 million for the State and Local Law
Enforcement Assistance account, 40.6% more than the FY2008 enacted level and
216.1% more than the FY2009 request. The House bill includes $10 million for
victim notification systems and $18 million for economic, high-tech, and cybercrime
prevention programs under the State and Local Law Enforcement Assistance account.
For FY2008, both of these programs received appropriations under the Justice
Assistance account. The Senate-reported bill includes $1,387.0 million for this
account, 52.7% more than the FY2008 enacted level and 243.3% more than the
FY2009 request. The Senate bill includes $20 million to fund provisions of the
Second Chance Act (P.L. 110-199). This amount includes $10 million for adult and
juvenile offender state and local re-entry demonstration programs and $10 million for
offender re-entry mentoring programs.
In addition, the Senate-passed FY2008 Iraq war supplemental appropriation bill⁴⁷
(H.R. 2642) included $590 million in state and local law enforcement assistance.
Of this amount, $490 million was for the Edward Byrne Memorial Justice Assistance

⁴⁶ Excluding the $100 million in emergency funding that Congress appropriated for security
at the Presidential Nominating Conventions under this program.
⁴⁷ Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4313.

Grant program.⁴⁸ This amount also included $90 million for a competitive grant
program to assist and equip state and local law enforcement officers along the
Southwest border or in High-Intensity Drug Trafficking Areas, and $10 million for
the ATF to continue “Project Gunrunner” — an initiative to suppress illegal gun
trafficking from the United States to Mexico.⁴⁹ The Supplemental Appropriations
Act, 2008 (P.L. 110-252), includes no similar funding.
Table 4. Funding for State and Local Law
Enforcement Assistance
(budget authority in thousands of dollars)
^Sena^t^e^-
^FY²⁰⁰⁷^FY²⁰⁰⁸^FY²⁰⁰⁹^Hou^s^e^Reported
^Accounts^Ena^c^t^e^d^Ena^c^t^e^d^Request^{Draft Bi}^l^l^B^ill
^Edw^a^{rd B}^y^rn^{e J}^u^s^{tice A}^s^sⁱ^s^t^an^ce
^G^r^an^t^(JA^G⁾^519,852^170,433^—^550,000^580,000
^{State an}^{d L}^o^{cal L}^a^w
^En^f^o^r^cem^en^{t I}ⁿ^tellig^en^ce^—²^,⁰⁰⁰^—⁵^,⁰⁰⁰²^,⁰⁰⁰
^NIJ^f^o^{r L}^a^w^En^f^o^rcem^en^t
^T^echⁿ^o^l^o^g^y^19,754^2,000^—^5,000^5,000
^{State C}^r^imⁱⁿ^{al A}^lien^A^s^sⁱ^s^t^an^ce
^Prog^ram^399,828^410,000^—^420,000^400,000
^Sou^t^h^w^es^{t B}^o^{rder P}^r^os^ecu^tion
^P^r^o^g^ram^—^—^—^—²⁵^,⁰⁰⁰
^Nort^h^e^rn^Border
^Pros^ecu^tⁱ^oⁿ^Prog^ram^—^—^—^—^10,000
^Sou^t^h^eas^{t B}^o^rder
^Pros^ecu^tⁱ^oⁿ^Prog^ram^—^—^—^—^10,000
^In^di^an^A^s^sⁱ^s^t^an^ce^21,719^22,440^—^—^30,000
^T^r^ib^{al P}^r^isoⁿ^Coⁿ^s^tr^u^c^tioⁿ
^Prog^ram⁸^,885^8,630^—^—^15,000
^In^di^an^T^rⁱ^b^al^C^o^u^r^t^s^Prog^ram^7,898^8,630^—^—^9,000
^A^l^coh^o^l^an^{d S}^u^bs^t^aⁿ^{ce A}^b^u^s^e⁴^,936^5,180^—^—^6,000
^Edw^a^{rd By}^rn^{e Di}^s^c^retⁱ^oⁿ^a^ry^Gran^t
^Prog^ram^239,256^187,513^—^122,000^190,000
^Ed^w^a^r^d^B^y^rⁿ^{e Co}^m^p^etitiv^{e Gr}^an^t
^Prog^ram^—^16,000^—^30,000^40,000
^Vⁱ^ctⁱ^m^s^of^T^r^af^fⁱ^ckⁱⁿ^g^G^r^an^t^s^9,872^9,400^—^10,000^10,000
^S^t^at^{e Pri}^s^on^D^r^u^g^T^r^eat^m^eⁿ^t^9,872^9,400^—^10,000^10,000
^D^r^u^g^C^o^u^r^t^s^9,872^15,200^—^40,000^30,000
^Sou^t^h^w^es^{t B}^o^{rder P}^r^os^ecu^tion^29,617^30,080^—^35,000^—

^Iⁿ^itiativ^e
⁴⁸ Ibid.
⁴⁹ Ibid.

^Sena^t^e^-
^FY²⁰⁰⁷^FY²⁰⁰⁸^FY²⁰⁰⁹^Hou^s^e^Reported
^Accounts^Ena^c^t^e^d^Ena^c^t^e^d^Request^{Draft Bi}^l^l^B^ill
^North^w^es^{t B}^o^{rder P}^r^os^ecu^tion^—²^,⁸²⁰^—^—^—
^Iⁿ^itiativ^e
^Pres^cri^p^tⁱ^oⁿ^D^r^u^g^Monⁱ^t^o^riⁿ^g^7,404^7,050^—^7,000^3,000
^Pri^s^on^R^a^{pe Pros}^ecu^tⁱ^oⁿ^an^d
^Prev^en^tⁱ^oⁿ^17,934^17,860^—^12,500^5,000
^Iⁿ^tellig^en^{ce State an}^d^L^o^{cal T}^r^ainⁱⁿ^g⁹^,⁸⁷²^—^—^—^—
^Mⁱ^{ssing A}^l^z^h^eⁱ^m^e^r^’^{s P}^a^tie^nts
^Prog^ram⁸³⁹⁹⁴⁰^—^1,500^2,000
^Cap^{ital L}^itig^atioⁿ^Gr^an^{t P}^r^o^g^r^a^m⁹⁸⁷²^,⁵⁰⁰^—¹^,⁰⁰⁰¹⁰^,⁰⁰⁰
^Canⁿ^a^bⁱ^{s Erad}^icatioⁿ⁴^,9³⁶^—^—^—^—
^Men^t^al^l^y^-^I^l^l^O^f^f^eⁿ^d^{er A}^c^t^Prog^ram⁴^,936^6,500^—^10,000^12,000
^P^r^esid^en^{tial No}^mⁱⁿ^a^tin^g
^Co^nve^ntⁱ^o^{ns E}^m^e^r^ge^nc^y
^A^ppropri^a^tⁱ^oⁿ^—^100,000^—^—^—
^Victim^No^tif^icatioⁿ^—^—^—¹⁰^,⁰⁰⁰^—
^Econ^omⁱ^c^{, H}ⁱ^g^h^-^T^ech^{, &}
^C^y^bercri^m^e^—^—^—^18,000^—
^Secon^d^C^h^an^{ce A}^c^t^—^—^—^—^20,000
^Oth^e^r^—^—^—^—⁴⁵^,⁰⁰⁰
^Vⁱ^ol^en^t^C^rⁱ^m^{e R}^e^du^ctⁱ^oⁿ^Partⁿ^e^rs^hⁱ^p^—^—^200,000^—^—
^By^rn^{e Pu}^blⁱ^c^S^a^f^e^t^y^an^{d Prot}^ectⁱ^oⁿ^—^—^200,000^—^—
^Co^m^m^uni^t^y^P^o^lⁱ^cⁱ^{ng T}^r^aⁱⁿⁱ^{ng a}ⁿ^d
^T^echⁿⁱ^{cal A}^s^sⁱ^s^t^an^ce^—^—^4,000^—^—
^To^t^a^l:^St^a^t^{e a}^{nd Lo}^ca^{l La}^w
^Eⁿ^forcem^en^{t As}^sⁱ^s^t^an^ce^$1,286,⁷⁹⁶^$1,008,136^$404,000^$1,277,000^$1,387,000
^Source:^H^ous^{e Appr}^oprⁱ^a^tⁱ^ons^C^o^m^mⁱ^t^t^{ee Pr}ⁱⁿ^t^{on t}^h^{e C}^ons^olⁱ^dat^{ed Appr}^oprⁱ^a^tⁱ^ons^Act^,²⁰⁰⁸⁽^H^.R.
^2764/^P.L^.^110-161)^;^Budget^of^t^h^{e U}ⁿⁱ^t^e^{d St}^at^es^G^o^ver^nm^ent^,^Fi^s^c^al^Y^e^ar^{2009 —}^Appendi^x^{; Ho}^u^s^e
^A^ppropriation^s^C^o^m^m^ittee-^approv^{ed draf}^{t bill an}^{d report; an}^{d S. 3182 (S.R}^{ept. 110-}^397).
^No^te:^A^m^o^uⁿ^t^{s m}^a^yⁿ^o^{t to}^{tal d}^u^{e to}^r^o^uⁿ^dⁱⁿ^g^.
Weed and Seed Program. The Weed and Seed program is designed to
provide grants to help communities build stronger, safer neighborhoods by
implementing local-level approaches to solve and prevent crimes. The program
provides assistance for community-based strategies of “weeding and seeding”
activities, based on the premise that leaders from neighborhood and community
organizations, including faith-based organizations, law enforcement, and private
enterprise, must be involved in leveraging resources to solve community problems
at the local level. Site funding generally provides resources for “weeding” activities,
which include joint law enforcement operations and community policing, and
“seeding” activities, which range from prevention activities, including physically
improving the neighborhood and economic development. The enacted FY2008 level
of funding for the Weed and Seed program is $32.1 million. The Administration did

not request any funding for the Weed and Seed program for FY2009. Instead, the
Administration’s grant consolidation proposal would incorporate the Weed and Seed
program into the proposed Byrne Public Safety and Protection program (described
above). The House committee-approved draft bill includes $15 million for the Weed
and Seed program, 53.3% less than the FY2008 enacted level.⁵⁰ The Senate-reported
bill includes $25 million for Weed and Seed, 22.1% less than the FY2008 enacted
level.
Community Oriented Policing Services. For FY2009, the
Administration’s budget request does not include specific funding for a number of
COPS programs and initiatives. Instead, the Administration proposes consolidating
COPS grant programs under the proposed $4 million “competitive” community
policing training and technical assistance program (described above). By
comparison, for FY2008 Congress enacted $587.2 million in appropriations for
COPS programs (see Table 5). For FY2009, the House draft bill includes $627
million for COPS, 6.8% more than the FY2008 enacted level. In the House bill, the
COPS account includes funding for several programs that received funding under
other OJP accounts for FY2008. For example, the House bill includes $25 million
for Indian Assistance, $20 million for school security programs, and $45 million for
RISS, which were funded under the State and Local Law Enforcement Assistance,
Juvenile Justice Programs, and Justice Assistance accounts, respectively, for
FY2008. The House bill also includes $15 million for Weed and Seed under the
COPS account. For FY2008, Weed and Seed was funded under it own separate
account. The Senate-reported bill includes $600 million for COPS, 2.2% more than
the FY2008 enacted level.
Table 5. Funding for the COPS Program
(budget authority in thousands of dollars)
^Hou^s^e
^FY²⁰⁰⁷^FY²⁰⁰⁸^FY²⁰⁰⁹^Dra^f^t^Sena^t^e^-
^Accounts^Ena^c^t^e^d^Ena^c^t^e^d^Request^B^ill^Reported
^C^O^PS^Hⁱ^riⁿ^g^Prog^ram^—^20,000^—^40,000^50,000
^T^r^aiⁿⁱⁿ^g^an^{d T}^echⁿⁱ^cal^A^s^sⁱ^s^t^an^ce^9,546^3,760^—^4,000^6,000
^T^rⁱ^b^al^L^a^w^En^f^o^rcem^en^t^Prog^ram^s^15,808^15,040^—^20,000^15,040
^In^di^an^A^s^sⁱ^s^t^an^ce^—^—^—^25,000^—
^T^rⁱ^b^al^Pri^s^on^C^oⁿ^s^t^r^u^c^tⁱ^oⁿ^Prog^ram^—^—^—^12,000^—
^In^di^an^T^rⁱ^b^al^C^o^u^r^t^s^Prog^ram^—^—^—^8,000^—
^A^l^coh^o^l^an^{d S}^u^bs^t^aⁿ^{ce A}^b^u^s^e^—^—^—^5,000^—
^Met^h^am^ph^et^amⁱⁿ^{e En}^f^o^rcem^en^t^an^{d C}^l^ean^-^u^p^70,000^61,187^—^35,000^61,187
^Bu^l^l^e^t^-^proof^V^e^s^t^Prog^ram^29,617^25,850^—^25,000^25,850
^L^a^w^En^f^o^rcem^en^t^T^echⁿ^o^l^o^g^y^Prog^ram^166,145^205,366^—^145,000^110,000

⁵⁰ The House Committee-approve draft bill included funding for the Weed and Seed program
under the Community Oriented Policing Services account instead of appropriating funding
for the program under its own account.

^Hou^s^e
^FY²⁰⁰⁷^FY²⁰⁰⁸^FY²⁰⁰⁹^Dra^f^t^Sena^t^e^-
^Accounts^Ena^c^t^e^d^Ena^c^t^e^d^Request^B^ill^Reported
^Cr^im^{e I}^d^en^tif^icatioⁿ^T^echⁿ^o^lo^g^y^P^r^o^g^r^a^m^s²⁸^,⁴⁰⁸^—^—^—^—
^NICS^—^—^—¹⁵^,⁰⁰⁰^—
^Natioⁿ^a^{l Cr}^imⁱⁿ^{al Histo}^r^y^I^m^p^r^o^v^em^en^t^9,872^—^10,000^5,960
^Pr^og^r^a^m^9,400
^DNA^In^itiativ^e^112,145^—^—^—^—
^D^N^A^F^o^ren^sⁱ^c^Prog^ram^s^—^152,272^—^153,000^180,963
^Deb^bⁱ^{e Sm}^ith^DNA^B^ack^lo^g^Gran^t
^Prog^ram^—^147,391^—^150,000^151,000
^Kⁱ^rk^Bl^oods^w^o^rt^h^D^N^A^Pos^t^-^C^on^vⁱ^ctⁱ^oⁿ
^T^e^s^tⁱⁿ^g^—^4,881^—^3,000^5,000
^DNA^T^r^ainⁱⁿ^g^an^d^Ed^u^catioⁿ^—^—^—^—⁶^,⁰⁰⁰
^D^N^A^R^e^s^earch^an^{d D}^e^v^e^l^opm^en^t^—^—^—^—^5,000
^D^N^A^Iden^tⁱ^fⁱ^catⁱ^oⁿ^of^Mi^s^sⁱⁿ^g^Pers^on^s^—^—^—^—^3,000
^DNA^Ev^iden^{ce A}ⁿ^aly^s^is^T^u^rn^A^r^ouⁿ^d
^Tⁱ^m^e^—^—^—^—¹⁰^,⁹⁸³
^C^o^v^e^rdel^l^F^o^ren^sⁱ^c^S^cⁱ^eⁿ^ce^18,264^18,800^—^—^40,000
^Proj^ect^S^a^f^e^N^eⁱ^g^h^borh^oods^20,613^—^—^—^—
^O^f^f^eⁿ^d^{er R}^e^-^eⁿ^t^ry^Prog^ram^14,879^11,750^—^45,000^—
^Aⁿ^tⁱ^-^g^aⁿ^g^Prog^ram^45,000^—^—^—^20,000
^Aⁿ^tⁱ^-^g^aⁿ^g^an^{d G}^uⁿ^Vⁱ^ol^en^{ce Prog}^ram^—^20,000^—^15,000^—
^C^hⁱ^l^d^S^e^x^u^a^l^Predat^{or Prog}^ram^—^15,608^—^10,000^55,000
^Se^{x O}^ffe^nd^e^r^M^a^na^ge^m^e^nt^A^ssi^st^aⁿ^c^e^—⁴^,¹⁶²^—^—^—
^N^a^tⁱ^oⁿ^a^l^S^e^x^O^f^f^eⁿ^d^{er Pu}^blⁱ^c^R^e^gⁱ^s^t^ry^—⁸⁵⁰^—^1,000^—
^S^ecu^{re O}^u^{r S}^c^h^ool^s^A^c^t^—^—^—^20,000^—
^R^e^gⁱ^on^al^In^f^o^rm^atⁱ^oⁿ^S^h^ariⁿ^g^S^y^s^t^em^—^—^—^45,000^—
^Wron^g^f^u^l^Pros^ecu^tⁱ^oⁿ^s^—^—^—^5,000^—
^W^eed^&^Seed^—^—^—¹⁵^,⁰⁰⁰^—
^Man^a^g^e^m^eⁿ^t^an^{d A}^d^mⁱⁿⁱ^s^t^ratⁱ^oⁿ¹^,541^28,200^—^—^30,000
^T^o^tal^:^C^o^m^m^uⁿⁱ^{ty Ori}^eⁿ^t^ed^Polⁱ^cⁱⁿ^g^$541,838^$587,233^—^$627,000^$600,000
^Source:^H^ous^{e Appr}^oprⁱ^a^tⁱ^ons^C^o^m^mⁱ^t^t^ee^Prⁱⁿ^t^on^t^h^e^C^ons^olⁱ^dat^{ed Appr}^oprⁱ^a^tⁱ^ons^Act^,^{2008 (}^H^.R.
^2764/^P.L^.^110-161)^;^Budget^of^t^h^e^Uⁿⁱ^t^e^d^St^at^es^G^o^ver^nm^ent^,^Fi^s^c^al^Y^e^ar^{2009 — Appendi}^x^{; Ho}^u^s^e
^A^ppropriation^s^C^o^m^m^ittee-^approv^{ed draf}^{t bill an}^{d report; an}^{d S. 3182 (S.R}^{ept. 110-}^397).
^No^te:^A^m^o^uⁿ^t^{s m}^a^yⁿ^o^{t to}^{tal d}^u^{e to}^r^o^uⁿ^dⁱⁿ^g^.
Juvenile Justice Programs. The Administration’s FY2009 budget includes
$185 million for Juvenile Justice programs in FY2009, or 51.8% less than what was
appropriated in FY2008 (see Table 6). The Administration’s grant consolidation
proposal would collapse the seven existing juvenile justice programs into a single
“competitive” Child Safety and Juvenile Justice grant program, which would be

awarded to state and local governments on a competitive basis. According to the
Administration, the proposed grant program would allow state and local governments
to develop juvenile justice or child safety programs that address local needs,
including reducing incidents of child exploitation and abuse, improving juvenile
justice outcomes, and addressing school safety needs.
Table 6. Funding for Juvenile Justice Programs
(budget authority in thousands of dollars)
^FY²⁰⁰⁷^FY²⁰⁰⁸^FY²⁰⁰⁹^Hou^s^e^Sena^t^e^-
^Accounts^Ena^c^t^e^d^Ena^c^t^e^d^Request^Dra^f^t^Reported
^Part^A^-^C^oordiⁿ^a^t^e^F^e^deral^Ef^f^o^rt^s⁷⁰³⁶⁵⁸^—^—⁵⁰⁰
^Part^{B -}^F^o^rm^u^l^{a G}^r^an^t^s^78,978^74,260^—^75,000^74,500
^Part^{E -}^D^e^m^oⁿ^s^t^r^atⁱ^oⁿ^Proj^ect^s^104,674^93,835^—^75,000^65,000
^T^{itle V -}^Iⁿ^cen^tiv^{e Gr}^an^ts⁶⁴^,¹⁷¹⁶¹^,¹⁰⁰^—⁴⁰^,⁰⁰⁰⁶⁵^,⁰⁰⁰
^T^rⁱ^b^al^Y^o^u^t^h^Prog^ram⁹^,872^14,100^—^25,000^15,000
^G^aⁿ^g^Prev^en^tⁱ^oⁿ^Prog^ram^24,680^18,800^—^15,000^10,000
^En^f^o^rciⁿ^g^Uⁿ^derag^e^D^rⁱⁿ^kⁱⁿ^g^L^a^w^s^24,680^25,000^—^—^25,000
^S^ecu^{re O}^u^{r S}^c^h^ool^s^A^c^t^14,808^15,040^—^—^10,000
^J^u^v^eⁿ^{ile A}^cco^uⁿ^t^ab^ility^B^l^o^c^k^Gr^an^t⁴⁹^,³⁶¹⁵¹^,⁷⁰⁰^—⁵⁵^,⁰⁰⁰⁸⁰^,⁰⁰⁰
^P^r^o^j^{ect Ch}^ild^Saf^e⁹⁸⁷^—^—^—^—
^Mi^s^sⁱⁿ^g^an^{d Ex}^pl^oi^t^e^{d C}^hⁱ^l^d^ren^Prog^ram^a^—^—^—⁶³^,⁰⁰⁰^—
^Ju^v^eⁿⁱ^l^e^Men^t^oriⁿ^g^Prog^ram^s^9,872^70,000^—^100,000^80,000
^Vⁱ^ctⁱ^m^s^of^C^hⁱ^l^d^A^b^u^s^{e A}^c^t^Prog^ram^s^14,808^16,920^—^23,000^25,000
^C^hⁱ^l^d^S^a^f^e^t^y^an^{d Ju}^v^eⁿⁱ^l^e^Ju^s^tⁱ^{ce G}^r^an^t^s^—^—^185,000^—^—
^T^o^tal^:^Ju^venⁱ^l^e^Ju^s^tⁱ^ce^Program^s^$338,362^$383,513^$185,000^$431,000^$400,000
^Source:^H^ous^{e Appr}^oprⁱ^a^tⁱ^ons^C^o^m^mⁱ^t^t^{ee Pr}ⁱⁿ^t^on^t^h^e^C^ons^olⁱ^dat^ed^Appr^oprⁱ^a^tⁱ^ons^Act^,^{2008 (}^H^.R.
^2764/^P.L^.^110-161)^;^Budget^of^t^h^{e U}ⁿⁱ^t^e^{d St}^at^es^G^o^ver^nm^ent^,^Fi^s^c^al^Y^e^ar^{2009 — Appendi}^x^{; Ho}^u^s^e
^A^ppropriation^s^C^o^m^m^ittee-^approv^{ed draf}^{t bill an}^{d report; an}^{d S. 3182 (S.R}^{ept. 110-}^397).
^No^te:^A^m^o^uⁿ^t^{s m}^a^yⁿ^o^{t to}^{tal d}^u^{e to}^r^o^uⁿ^dⁱⁿ^g^.
^{a. T}^h^{e Mis}^sⁱⁿ^g^an^{d Ex}^{ploited C}^h^il^d^r^eⁿ^p^r^o^g^r^a^m^h^a^s^been^f^uⁿ^d^{ed h}ⁱ^s^t^orically^uⁿ^d^{er th}^{e J}^u^s^tice
^A^s^sⁱ^s^t^an^{ce accou}ⁿ^t^.
Table 6 also provides the enacted FY2008 funding level for Juvenile Justice
programs of $383.5 million, as allocated by program. Both the House and Senate
Appropriations Committees rejected the Administration’s consolidation proposal and
have approved funding along the lines of the FY2008 juvenile justice program
account and subaccount structure. The House draft bill would provide $431 million
for Juvenile Justice Programs, 12.4% more than the FY2008 enacted level and 133%
more than the FY2009 request. The Senate-passed bill includes $400 million, 4.3%
more than the FY2008 enacted level and 116.2% more than the FY2009 request.

Public Safety Officers Benefits Program.⁵¹ The Public Safety Officers’
Benefits (PSOB) program provides three different types of benefits to public safety
officers or their survivors: a death, a disability, and an education benefit. The PSOB
program is intended to assist in the recruitment and retention of law enforcement
officers, firefighters, and first responders and to offer peace of mind to men and
women who choose careers in public safety. For FY2008, Congress appropriated⁵²
$74.8 million for the PSOB program. For FY2009, the Administration has
requested $58.8 million for the PSOB program, which is 21.4% less than what was
appropriated for FY2008. For FY2008, Congress appropriated $74.8 million for the
PSOB program.⁵³ For FY2009, the Administration has requested $69.1 million for
the PSOB program, which is 7.6% less than what was appropriated for FY2008.
Both the House draft bill and Senate-reported bill include the same amount as
requested by the Administration.
Salaries and Expenses. The House committee-approved draft bill includes
an account that would provide $195 million for salaries and expenses of OJP, OVW,
and COPS. Of the $195 million, up to $14 million would be provided for OVW, up
to $130 million for OJP, and up to $30 million for COPS. In addition, up to $21
million would be provided for the Office of Audit, Assessment, and Management
(OAAM) under OJP.
Related Legislation
Listed below are three enacted laws and other bills that have received
congressional action that include provisions that would increase DOJ activities and
responsibilities, as well as authorize appropriations for these purposes.
P.L. 110-180; H.R. 2640 (McCarthy)
NICS Improvement Amendments Act of 2007. H.R. 2640 was introduced by
Representative Carolyn McCarthy and co-sponsored by Representative John Dingell.
As passed by the House, by a voice vote, on June 13, 2007, H.R. 2640 reportedly⁵⁴
reflected a compromise between groups favoring and opposing greater gun control.
The Senate Judiciary Committee approved similar, but not identical, NICS
improvement amendments as part of the School Safety and Law Enforcement

⁵¹ For further information, see CRS Report RL34413, Public Safety Officers’ Benefits
(PSOB) Program, by Nathan James.
⁵² U.S. Department of Justice, FY2009 Budget and Performance Summary, Part III:
Department of Justice Request Information by Appropriation, Office of Justice Programs
(OJP) and Community Oriented Policing Services (COPS), available online at
[http://www.usdoj.gov/jmd/2009summary/], accessed February 8, 2008.
⁵³ U.S. Department of Justice, FY2009 Budget and Performance Summary, Part III:
Department of Justice Request Information by Appropriation, Office of Justice Programs
(OJP) and Community Oriented Policing Services (COPS), available online at
[http://www.usdoj .gov/j md/2009summa ry/].
⁵⁴ Jonathan Weisman, “Democrats, NRA Reach Deal on Background-Check Bill,”
Washington Post, June 10, 2007, p. A02.

Improvement Act of 2004 on August 2, 2007, and reported this bill on September 21,
2007 (S. 2084; S.Rept. 110-183). Following lengthy negotiations, the Senate
amended and passed the NICS Improvement Amendments Act of 2007 (H.R. 2640),
as did the House, on December 19, 2007, clearing that bill for the President’s
signature. President Bush signed this bill into law on January 8, 2008 (P.L. 110-180).
P.L. 110-180 strengthens the Brady Handgun Violence Prevention Act (P.L.
103-159), which requires federal agencies to provide, and the Attorney General to
secure, any government records with information relevant to determining the
eligibility of a person to receive a firearm. As a condition of federal assistance, P.L.
110-180 requires states to make available to the Attorney General certain records that
disqualify persons from acquiring a firearm for inclusion in NICS, particularly those
records related to convictions for misdemeanor crimes of domestic violence and
persons adjudicated as mentally defective.⁵⁵ P.L. 110-180 also requires states, as a
condition of federal assistance, as well as federal agencies like the Department of
Veterans Affairs (VA), to establish administrative relief procedures under which a
person who has been adjudicated mentally defective could apply to have his firearms
possession and transfer eligibility restored.⁵⁶ In addition, P.L. 110-180 includes two
authorizations to increase appropriations for federal assistance for improving access
to disqualifying records by $1,312.5 million over five years, including $187.5 million
for FY2009.
P.L. 110-177; H.R. 660 (Conyers)/S. 378 (Leahy)
Court Security Improvement Act of 2007. Amends current law to strengthen
and improve judicial security through measures that (1) authorize increased
appropriated funding for the U.S. Marshals Service to provide increased judicial
security; (2) amend the criminal code to provide greater protection for judges, their
family members, and witnesses; and (3) authorize appropriations to provide grants
to states for the protection for judges and witnesses. On January 7, 2008, the bill was
signed into law (P.L. 110-177).
P.L. 110-199; H.R. 1593 (Davis)/S. 1060 (Biden)
Second Chance Act of 2007. Amends current law to reauthorize the adult and
juvenile state and local reentry demonstration projects; provides for improvements
in the offender residential substance abuse treatment for state offenders; establishes
state and local reentry courts; establishes grants for state and local prosecutors to
develop, implement, or expand qualified drug treatment program alternatives to

⁵⁵ Under 27 CFR 478.11, the term “adjudicated as mental defective” includes a
determination by a court, board, commission, or other lawful authority that a person, as a
result of marked subnormal intelligence, or mental illness, incompetency, condition, or
disease (1) is a danger to himself or others or (2) lacks the mental capacity to manage his
own affairs. The term also includes (1) a finding of insanity by a court in a criminal case
and (2) those persons found incompetent to stand trial or found not guilty by reason of lack
of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military
Justice, 10 U.S.C. 850a, 876(b).
⁵⁶ Federal law authorizes the Attorney General to consider applications from prohibited
persons for relief from disqualification (18 U.S.C. §925(c)). Since FY1993, however,
Congress has attached an appropriations rider on the ATF salaries and expenses account that
prohibits the expenditure of any funding under that account to process such applications.

imprisonment; and provides grants for the establishment of family substance abuse
treatment alternatives to incarceration. H.R. 1593 was passed by the House on
November 13, 2007. The Senate passed the bill without amendment on March 11,

2008. On April 9, 2008, the bill was signed into law (P.L. 110-199).

H.R. 1592 (Conyers)/S. 1105 (Kennedy)
Local Law Enforcement Hate Crimes Prevention Act of 2007. These bills
would authorize grants for state, local, and tribal law enforcement for extraordinary
expenses of investigating hate crimes. Provides technical, forensic, prosecutorial,
and other forms of assistance to local law enforcement agencies for investigating and
prosecuting hate crimes. Following hearings on the bill on April 17, 2007, the bill
was reported by the House Judiciary Committee on April 30, 2007, and passed by the
House on May 3, 2007. Language similar to S. 1105 was amended to the FY2008
Defense Authorization Act (H.R. 1585). The Senate passed this bill on October 1,
2007, but the hate crime provisions were not included in the H.R. 1585 conference
agreement.
H.R. 1700 (Weiner)/S. 368 (Biden)
COPS Improvements Act of 2007. H.R. 1700 would amend current law to
expand the scope of COPS grant programs, change the COPS program into a multi-
grant program instead of a single-grant program, and authorize additional funding for
COPS. H.R. 1700, as amended by the House Judiciary Committee, was reported on
May 2, 2007, and passed by the House on May 15, 2007. S. 368 was referred to the
Senate Judiciary Committee and reported out of the committee without amendment
on May 24, 2007.
H.R. 1759 (Bono)
Managing Arson Through Criminal History (MATCH) Act of 2007. H.R. 1759
would establish guidelines and incentives for states to establish arsonist registries and
to require the Attorney General to establish a national arsonist registry and
notification program. After a hearing on H.R. 1759 on October 6, 2007, the bill was
marked up by the Subcommittee on Crime, Terrorism, and Homeland Security, and
reported by the House Judiciary Committee on December 4, 2007. The bill was
passed by the House on December 5, 2007 by voice vote. The bill has been referred
to the Senate Committee on Judiciary.
H.R. 3546 (Johnson)/S. 231 (Feinstein)
Both bills would extend authorized appropriations for the Edward Byrne
Memorial Justice Assistance Grant (JAG) program until FY2012. The bill would
authorize $1.095 billion for each fiscal year through FY2012. H.R. 3546 was
introduced on September 17, 2007, and it was referred to the House Judiciary
Committee. The House Subcommittee on Crime, Terrorism, and Homeland Security
marked H.R. 3546 up on May 20, 2008. S. 231 was introduced on January 7, 2007,
and it was referred to the Senate Judiciary Committee. The Senate bill was reported
by the Judiciary Committee on May 23, 2008, and passed the Senate on May 24,
2008. The House passed S. 231 on July 14, 2008, clearing the measure for the
President.

H.R. 3887 (Lantos)
William Wilberforce Trafficking Victims Protection Reauthorization Act of
2007. H.R. 3887 would continue and reinforce anti-trafficking provisions of the
Trafficking Victims Protection Act of 2000. Among other things, DOJ-related
provisions in H.R. 3887 would (1) require the Attorney General to continue reporting
annually on activities by the Department of Defense to combat trafficking in persons,
and certain issues concerning forced labor, and (2) direct the Attorney General to
expand the responsibilities of the DOJ-lead Innocence Lost Task Forces to
incorporate situations involving adults that are sexually exploited. In addition, the
bill would authorize appropriations for (1) the Secretary of Health and Human
Services and the Attorney General to assist victims of trafficking, (2) the FBI to
increase human trafficking investigations, and (3) anti-trafficking training for law
enforcement, prosecutors, and the judiciary. H.R. 3887 was introduced on October
17, 2007. It was amended and reported (H.Rept. 110-430) by the House Committee
on Foreign Relations on November 6, 2007, and discharged by the House Committee
on the Judiciary on November 20, 2007. The bill passed the House on December 4,

2007.

S. 456 (Feinstein)
Gang Abatement and Prevention Act of 2007. S. 456 would amends current law
to create new criminal penalties for gang-related crimes, authorize grants for gang
prevention activities, as well as for federal, state, and local law enforcement
cooperation in fighting gangs, and for hiring 94 assistant U.S. Attorneys to be
deployed in “high intensity interstate gang activity” areas. S. 456, was passed by the
Senate on September 21, 2007.
H.R. 5057 (Maloney)
Debbie Smith Reauthorization Act of 2008. H.R. 5057 would reauthorize
appropriations for the Debbie Smith DNA Backlog Grant program. The bill would
authorize $151 million for FY2009 and $200 million for each fiscal year for FY2010
through FY2014. The bill would also authorize appropriations for a variety of other
DNA grant programs and projects, including a study on the resources and other
requirements necessary to eliminate the DNA backlog and grants for purchasing or
improving forensic DNA technology. H.R. 5057 was introduced on January 17,

2008. It was amended at a House Judiciary Committee mark-up on June 11, 2008.

The bill was reported and passed by the House on July 14, 2008.
H.R. 6028 (Berman)
Merida Initiative to Combat Illicit Narcotics and Reduce Organized Crime
Authorization Act of 2008. This bill includes a provision that would authorize to be
appropriated over three years, for FY2008 through FY2010, a total of $73.5 million
to increase the number of ATF positions dedicated to Project Gunrunner ($45
million) and assign ATF agents to Mexico ($28.5 million). Such resources are to be
provided to stem the flow of illegal firearms being trafficked from the United States
into Mexico. The Committee on Foreign Affairs reported H.R. 6028 (H.Rept. 110-
673) on May 22, 2008. The House passed H.R. 6028 on June 10, 2008, by a roll call
vote of 311 to 106 (Roll no. 393).

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