DEPARTMENT OF JUSTICE

Federal Funds

For expenses necessary for the administration of the Department of Justice, [$110,822,000] $127,667,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended: Provided, That the Attorney General is authorized to transfer funds appropriated within the General Administration to any office in this account: Provided further, That this transfer authority is in addition to transfers authorized under section 505 of this Act. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

Program direction and policy coordination._The Attorney General of the United States is responsible for leading the Department of Justice in accomplishing its missions. The Attorney General is assisted by the Deputy Attorney General, the Associate Attorney General, Department policy-level officials, and the Justice Management Division. The General Administration appropriation provides the resources for the programs and operations of the Attorney General, the Deputy Attorney General, the Associate Attorney General, and their Offices, several Senior Policy Offices, and the Justice Management Division.

Object Classification (in millions of dollars)

Employment Summary

[For necessary expenses of the National Drug Intelligence Center, $20,000,000.] (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

In FY 2012, the Department is focusing NDIC's mission and plans to transfer NDIC personnel performing key activities, including document and media exploitation and the production of strategic drug-related intelligence reports, to the Drug Enforcement Administration (DEA). For FY 2013, NDIC is proposed for elimination and resources and personnel required to maintain the activities mentioned above are included in the DEA Salaries and Expenses account.

Object Classification (in millions of dollars)

Employment Summary

For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, [$44,307,000] $33,426,000, to remain available until expended. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

Funding for the Justice Information Sharing Technology (JIST) account will provide for corporate investments in information technology. This centralized fund, under the control of the DOJ Chief Information Officer, will ensure that investments in information sharing technology are well-planned and aligned with the Department's overall information technology (IT) strategy and enterprise architecture, and that all DOJ components are able to operate in a technologically unified environment, particularly with respect to preventing terrorist attacks on the United States. The current major initiatives/projects are described below.

Law Enforcement Information Sharing Program._The Law Enforcement Information Sharing Program (LEISP) is a Department-wide strategy to facilitate the sharing of information about terrorism, criminal activity, and threats to public safety. LEISP will implement the information technology tools needed to facilitate timely, appropriate, and secure sharing of information across the law enforcement community.

Unified Financial Management System._The Unified Financial Management System will allow the Department of Justice to streamline and standardize business processes and procedures across components, providing secure, accurate, timely, and useful financial and procurement data to program managers, and to produce component and Department level financial statements.

IT Cyber Security and Transformation._This program will timely address new emerging cyber security threats, provide advanced state sponsored intrusion detection and response capabilities, and implement cost efficient, leverageable enterprise architecture for storage, hosting, networking, shared services, applications, facilities, support and environmental services.

Object Classification (in millions of dollars)

Employment Summary

[For the costs of developing and implementing communications systems supporting Federal law enforcement and for the costs of operations and maintenance of existing Land Mobile Radio legacy systems, $87,000,000, to remain available until expended: Provided, That the Attorney General shall transfer to this account all funds made available to the Department of Justice for the purchase of portable and mobile radios: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.] (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The mission of this program has been to achieve a secure, reliable and interoperable wireless network that will directly support agents in the conduct of counterterrorism, counterintelligence, law enforcement and emergency response. In FY 2013, operational and maintenance funding for legacy radio networks is transferred back to the participating components. The management of this program shifts to the Federal Bureau of Investigation (FBI), including all resources for developing new technologies as well as improving and upgrading radio infrastructure.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, [$305,000,000] $313,438,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the "Immigration Examinations Fee'' account. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This program includes the Office of the Pardon Attorney (OPA) and the Executive Office for Immigration Review (EOIR). The Pardon Attorney receives, reviews, and prepares recommendations to the President for all petitions for executive clemency, i.e., commutation of sentences and pardons, submitted by persons convicted of Federal crimes. The Executive Office for Immigration Review contains 59 Immigration Courts and the Board of Immigration Appeals. EOIR was established January 1, 1983, to improve the immigration hearing and appeal process.

Object Classification (in millions of dollars)

Employment Summary

[For necessary expenses of the Federal Detention Trustee, $1,580,595,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That not to exceed $20,000,000 shall be considered "funds appropriated for State and local law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).] (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The FY 2013 Budget proposes to merge the Office of the Federal Detention Trustee with the U.S. Marshals Service. The costs associated with the care of Federal detainees are proposed to be funded through the U.S. Marshals Service—Federal Prisoner Detention appropriation.

Object Classification (in millions of dollars)

Employment Summary

For necessary expenses of the Office of Inspector General, [$84,199,000] $85,985,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The Office of the Inspector General (OIG) was statutorily established in the Department of Justice on April 14, 1989. The OIG investigates alleged violations of criminal and civil laws, regulations, and ethical standards arising from the conduct of the Department's employees. The OIG provides leadership and assists management in promoting integrity, economy, efficiency, and effectiveness within the Department and in its financial, contractual, and grant relationships with others. Also by statute, the OIG reports to the Attorney General, Congress, and the public on a semiannual basis regarding its significant activities.

The Audit function is responsible for independent audits and reviews of Department organizations, programs, functions, computer security and information technology systems, and financial statement audits. The Audit function also conducts or reviews external audits of expenditures made under Department contracts, grants, and other agreements.

The Investigations function investigates allegations of civil rights violations, bribery, fraud, abuse and violations of other laws, rules and procedures that govern Department employees, contractors, and grantees. This function also develops these cases for criminal prosecution, civil action, or administrative action. In some instances the OIG refers allegations to components within the Department and requests notification of their findings and of any disciplinary action taken.

The Evaluation and Inspections function conducts analyses and makes recommendations to decisionmakers for improvements in Department programs, policies, and procedures. In addition, this function also conducts shorter and more time-sensitive reviews and evaluations to provide managers with early warnings about possible program deficiencies.

The Oversight and Review function investigates allegations of significant interest to the American public and Congress and of vital importance to the Department.

The Executive Direction and Control function provides program direction for the OIG. Responsibilities include policy development, legal counsel, congressional affairs, planning, budget, finance, personnel, procurement, automated data processing, security, and general support services.

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

The Working Capital Fund finances, on a reimbursable basis, those administrative services that can be performed more efficiently at the Department level.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For necessary expenses of the United States Parole Commission as authorized, [$12,833,000] $12,772,000. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The United States Parole Commission is responsible for (1) making parole release and revocation decisions for all parole-eligible federal and District of Columbia Code offenders; (2) setting and enforcing the conditions of supervised release for District of Columbia Code offenders; (3) making release decisions for United States citizens convicted of a crime in another country who voluntarily return to the United States for service of sentence; (4) performing parole-related functions for certain military and state offenders; and (5) exercising decision-making authority over state offenders who are on the state probation or parole, and are transferred to federal authorities under the witness security program.

The Parole Commission works to reduce offender recidivism rates by implementing new revocation guidelines and establishing alternatives to incarceration for low-risk, non-violent offenders. In addition, the Commission seeks to improve the rehabilitation process by monitoring an effective offender supervision program through U.S. and District of Columbia probation officers and through research studies that evaluate the effectiveness of offender supervision programs. The Parole Commission has oversight responsibility for the supervision of District of Columbia parolees and supervised releases under the National Capital Revitalization and Self-Government Improvement Act (P.L. 105–33).

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, [$863,367,000] $903,603,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to "Salaries and Expenses, General Legal Activities'' from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel Management for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended.

In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The following legal activities of the Department are financed from this appropriation:

Conduct Supreme Court proceedings and review appellate matters._Through this program, the Solicitor General supervises and processes all appellate matters and represents the Government before the U.S. Supreme Court.

General tax matters._This program is the prosecution and defense of cases arising under the internal revenue laws and other related statutes.

Criminal matters._The Criminal Division develops, enforces, and supervises the application of all federal criminal laws, except those specifically assigned to other divisions. The mission of the Criminal Division is to identify and respond to critical and emerging national and international criminal threats, and to lead the enforcement, regulatory, and intelligence communities in a coordinated nationwide response to reduce those threats.

Claims, customs, and general civil matters._Annually, civil litigation involves the defense of billions of dollars in claims against the U.S. Treasury and affirmative efforts to recover monies owed to the United States as a result of fraud, bankruptcy, and oil spills. Non-monetary litigation includes the defense of thousands of challenges to immigration enforcement decisions and to federal activities and statutes, as well as enforcement of consumer protection laws.

Environment and natural resource matters._The Environment and Natural Resources Division enforces the Nation's civil and criminal environmental laws and defends environmental challenges to Government action. Additionally, the Division represents the United States in virtually all matters concerning the use and development of the Nation's natural resources and public lands, wildlife protection, Indian rights and claims, and the acquisition of Federal property.

Legal opinions._This program is the preparation of legal opinions for the President and Executive agencies and the review of proposed Executive Orders and proclamations for form and legality.

Civil rights matters._This program is the enforcement of the Nation's civil rights laws. It is the conscience of the federal government. Through the enforcement of a wide range of anti-discrimination laws, the Division gives meaning to our Nation's promise of equal opportunity. The Division works to uphold and defend the civil and constitutional rights of all individuals, particularly some of the most vulnerable members of our society. The Division enforces Federal statutes that prohibit discrimination and provide a remedy for constitutional violations.

INTERPOL Washington._This program is the United States liaison, on behalf of the Attorney General, for international law enforcement cooperation. The mission of INTERPOL Washington is to provide the United States' local and federal law enforcement authorities a central point of communication to the international law enforcement community.

Reimbursable program._This reflects reimbursable funding for the following:

Civil Division._For litigating cases under the National Childhood Vaccine Injury Act, and for litigating a number of extraordinarily large cases on behalf of the United States;

Criminal Division._For activities related to healthcare fraud and drug prosecutions;

Environment and Natural Resources Division._From numerous client agencies for automated litigation support and litigation consultant services for a variety of environmental, natural resource, land acquisition, and Native American cases, including from the Environmental Protection Agency (EPA) for Superfund enforcement litigation; and,

Civil Rights Division._For activities related to the Division's Complaint Adjudication Office and Health Care Fraud activities.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary for the enforcement of antitrust and kindred laws, [$159,587,000] $164,753,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be [$108,000,000] $117,500,000 in fiscal year [2012] 2013), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year [2012] 2013, so as to result in a final fiscal year [2012] 2013 appropriation from the general fund estimated at [$51,587,000] $47,253,000. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The Antitrust Division administers and enforces antitrust and related statutes. This program primarily involves the investigation of suspected violations of the antitrust laws, the conduct of civil and criminal proceedings in the Federal courts, and the maintenance of competitive conditions.

In 2013, the Antitrust Division will continue to collect filing fees for pre-merger notifications and will retain these fees for expenditure in support of its programs.

Object Classification (in millions of dollars)

Employment Summary

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, [$1,960,000,000] $1,974,378,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further, That not to exceed $25,000,000 shall remain available until expended[: Provided further, That each United States Attorney shall establish or participate in a United States Attorney-led task force on human trafficking]. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

There are 94 United States Attorneys' Offices located throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. The 93 U.S. Attorneys (Guam and the Northern Mariana Islands are under the direction of a single U.S. Attorney) prosecute criminal offenses against the United States, represent the Government in civil actions in which the United States is concerned, and initiate proceedings for the collection of fines, penalties, and forfeitures owed to the United States. For 2013, the U.S. Attorneys will continue to investigate and prosecute the diverse workload of criminal cases brought by the Federal Government and will continue to initiate civil actions to assert and protect the interests of the United States.

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, [$2,000,000] $2,139,000. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The Foreign Claims Settlement Commission adjudicates the claims of American nationals (individuals and corporations) arising out of the nationalization, expropriation or other taking of their property, or injury, caused by foreign governments and which are paid out of foreign government funds, pursuant to the International Claims Settlement Act of 1949 and other statutes. In 2013, the Commission will continue to administer the Libya Claims Program in accordance with the U.S.-Libya Claims Settlement Agreement of August 14, 2008, and the Libyan Claims Resolution Act (LCRA), passed by Congress and signed into law on August 4, 2008.

Object Classification (in millions of dollars)

Employment Summary

For necessary expenses of the United States Marshals Service, [$1,174,000,000; of which not to exceed $10,000,000 shall be available for necessary expenses for increased deputy marshals and staff related to border enforcement initiatives] $1,203,488,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended.

Of the unobligated balances from prior year appropriations available under this heading, $14,400,000 are hereby permanently cancelled: Provided, That no amounts may be cancelled from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The Federal Government is represented in each of the 94 judicial districts and the District of Columbia Superior Court by a United States Marshal. The primary missions of the United States Marshals Service (USMS) are protection of the Federal judiciary, protection of witnesses, execution of warrants and court orders, and custody and transportation of unsentenced prisoners. The USMS is the principal support force in the Federal judicial system and an integral part of the Federal law enforcement community. For 2013, the budget proposes $8.3 million in program offsets, to include administrative savings and low-priority program reductions.

Reimbursable program._Federal funds are derived from the Administrative Office of the U.S. Courts for the court security program, the Assets Forfeiture Fund for seized assets management, the Organized Crime Drug Enforcement Task Force Program for multi-agency drug investigations, and the Office of National Drug Control Policy and the Centers for Disease Control for security services. Non-Federal funds are derived from state and local governments for witness protection and the transportation of prisoners pursuant to state writs, as well as fees collected from service of civil process and sales associated with judicial orders.

Object Classification (in millions of dollars)

Employment Summary

For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, [$15,000,000] $10,000,000, to remain available until expended[, of which not to exceed $8,250,000 shall be available for detention upgrades at Federal courthouses to support border enforcement initiatives]. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

The construction appropriation provides resources to modify spaces controlled, occupied and/or utilized by the United States Marshals Service for prisoner holding and related support.

Object Classification (in millions of dollars)

For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by 18 U.S.C. 4013, $1,668,235,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be considered "funds appropriated for State and local law enforcement assistance"' pursuant to 18 U.S.C. 4013(b): Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That unobligated balances from the funds appropriated under the heading "General Administration, Detention Trustee" shall be transferred to and merged with this account.

Program and Financing (in millions of dollars)

The Federal Prisoner Detention (FPD) account is responsible for the costs associated with the care of Federal detainees in the custody of the United States Marshals Service (USMS). The USMS must ensure the safe, secure, and humane confinement of persons in its custody while allowing unimpeded prisoner transportation operations. The FPD account provides for the care of Federal detainees in private, state, and local facilities, which includes housing, subsistence, transportation, medical care, and medical guard service.

For 2013, FPD requests funding for housing, medical, and transportation costs associated with the anticipated increase in the USMS detention population. The Federal Government utilizes various methods to house detainees. Detention bed space for Federal detainees is acquired to maximize efficiency and effectiveness for the Government through: (1) Federally-owned and managed detention facilities, where the Government has paid for construction and operation of the facility (funded in the Federal Bureau of Prisons' (BOP) account); (2) Intergovernmental Agreements (IGAs) with state and local jurisdictions, whose excess prison and jail bed capacity is utilized and paid via a daily rate; and (3) Private performance-based contract facilities, where a daily rate is paid. Based on anticipated growth in the USMS detention population, over three-quarters of the USMS's Federally detained population will likely be housed in state, local, and private facilities.

The USMS continues to look for efficiencies and cost reductions and avoidance in detention through process and infrastructure improvements. The costs associated with these efforts will be funded from the FPD account. Proven successes in the detention infrastructure include implementation of eDesignate, which was developed to provide a more efficient workflow between the U.S. Courts, the USMS, and the BOP; establishment of Regional Transfer Centers and Ground Transfer Centers to accelerate the movement of prisoners to a designated BOP facility; and increased use of detention alternatives by providing funding to the Federal Judiciary to support alternatives to pretrial detention, such as electronic monitoring, halfway house placement, and drug testing and treatment. USMS will continue to identify issues and develop solutions to drive further efficiencies.

Object Classification (in millions of dollars)

For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $10,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This appropriation is used to pay fees and expenses of witnesses who appear on behalf of the Government in litigation in which the United States is a party. The United States Attorneys, the United States Marshals Service, and the Department's six litigating divisions are served by this appropriation.

Fees and expenses of witnesses._Pays the fees and expenses associated with the presentation of testimony on behalf of the United States for fact witnesses, who testify as to events or facts about which they have personal knowledge, and for expert witnesses, who provide technical or scientific testimony. This program also pays the fees of physicians and psychiatrists who examine accused persons upon order of the court to determine their mental competency.

Protection of witnesses._Pays subsistence and other costs to ensure the safety of Government witnesses whose testimony on behalf of the United States places them or their families in jeopardy.

Victim compensation fund._Pays restitution to any victim of a crime committed by a protected witness who causes or threatens death or serious bodily injury.

Private counsel._Pays private counsel retained to represent Government employees who are sued, charged, or subpoenaed for actions taken while performing their official duties (private counsel expenditures may be authorized for congressional testimony as well as for litigation in instances where Government counsel is precluded from representing the employee or private counsel is otherwise appropriate).

Foreign Counsel._Allows the Civil Division, which is authorized to oversee litigation in foreign courts, to pay legal expenses of foreign counsel, retained and supervised by the Department of Justice, who represent the United States in cases filed in foreign courts.

Alternative Dispute Resolution._Pays the costs of providing Alternative Dispute Resolution (ADR) services in instances wherein the Department has taken the initiative to use such services and wherein the courts have directed the parties to attempt a settlement using mediation or some other ADR process.

Object Classification (in millions of dollars)

For necessary expenses of the Community Relations Service, [$11,456,000] $12,036,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (Department of Justice Appropriations Act, 2012.)

Program and Financing (in millions of dollars)