STATE,

DEPARTMENTS OF COMMERCE, JUSTICE, AND THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2003

TUESDAY, FEBRUARY 26, 2002

U.S. SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. The subcommittee met at 10:01 a.m., in room SD-138, Dirksen Senate Office Building, Hon. Ernest F. Hollings (chairman) presiding.

Present: Senators Hollings, Mikulski, Leahy, Kohl, Murray, Reed, Gregg, and Domenici.

DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

STATEMENT OF JOHN ASHCROFT, ATTORNEY GENERAL

OPENING REMARKS OF SENATOR ERNEST F. HOLLINGS

Senator HOLLINGS. General Ashcroft, they have a vote on and maybe it would be better for your presentation if we run to get that vote and come back quickly.

Attorney General ASHCROFT. Sure.

Senator HOLLINGS. Let me then call the committee to order. There are two votes. We will at least let you present your statement here. It will be included in its entirety. We welcome you to the committee and you can highlight your statement as you wish or deliver it in full. I think that would be the better way, since we have two votes.

ATTORNEY GENERAL OPENING STATEMENT

Attorney General ASHCROFT. Mr. Chairman and members of the subcommittee, I am honored again to appear before this subcommittee to present the President's budget request for the Department of Justice.

First, an overriding priority of this Department of Justice and of this budget is to protect America against acts of terrorism and to bring terrorists to justice. Since my last appearance before you, America and the world have been awakened to a new threat from an old evil, terrorism.

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I appear before you today acknowledging that September 11 alerted us to a danger that a number of you on this subcommittee have labored long and hard to mitigate and to prevent. To the degree that we find ourselves in a position to respond effectively to the challenges posed by terrorism, it is because of your foresight. I appreciate the leadership of the members of this subcommittee in providing to the Department of Justice the necessary resources to meet the terrorist threat and to improve the Nation's border security. Your direction to develop an interagency counterterrorism plan, conduct preparedness exercises, to train and equip the Nation's first responders, maintain a counterterrorism fund for emergency circumstances, all of these things have made this a safer Nation.

The fiscal year 2003 budget request that I present to you today builds upon your support and seeks to enhance further the Department's ability to prevent and combat terrorism, and even as the men and women of the Department of Justice go about the urgent task of protecting America from terrorism, we do so within a framework of justice that upholds other goals, as well. Indeed, our dedication to identifying, disrupting, and dismantling terrorist networks will help ensure the fair and vigorous enforcement of the law in other areas. We remain committed to reducing the demand and supply of illegal guns, enforcing the gun laws, and protecting civil rights. We recognize, however, the need to prioritize our commitments and to husband our resources. Today, more than ever, lives depend on the careful understanding of our responsibilities and the exemplary performance of our duties.

For fiscal year 2003, the President's budget requests $30.2 billion for the Department of Justice, $23.1 billion in discretionary funding and $7.1 billion for the Department's mandatory and fee-funded accounts. Federal law enforcement programs increase by 13 percent over funding enacted in the fiscal year 2002 Department of Justice Appropriations Act.

COUNTERTERRORISM BUDGET REQUEST

The Department's fiscal year 2003 budget seeks $2 billion for program improvements and for ongoing activities funded in the fiscal year 2002 counterterrorism supplemental. Resources are also requested for improving immigration enforcement and services, enhancing Federal detention and incarceration capacity, reducing the availability of illegal drugs, and supporting proven programs aimed at reducing drug use, providing services for the Nation's crime victims, protecting civil rights, ending trafficking in human beings, providing streamlined resources to support State and local law enforcement, and defending the interests of the United States in legal matters.

To help secure our Nation's borders, we are proposing program improvements totaling $856 million, including $59.1 million from fee-funding for the Immigration and Naturalization Service. Of this amount, $734 million is dedicated to improving border security. We are requesting $362 million to begin a multi-year effort to provide a comprehensive land, sea, and air entry-exit system for the United States and $372 million to hire 570 new Border Patrol agents and

additional immigration inspectors to improve air, sea, and land ports-of-entry inspections.

As a result of the attacks of September 11, the FBI, with the cooperation of other Federal, State, local, and international law enforcement, is conducting the largest criminal investigation in history. In the 2002 counterterrorism supplemental, this subcommittee led Congress in providing much-needed assistance to the FBI in responding to and investigating the terrorist attacks, and we are deeply grateful for your leadership in this respect. Our 2003 budget builds on this assistance with a request of $411.6 million, including funding for 263 new FBI special agents; $223 million for increased intelligence, surveillance, and response capabilities; $109 million for information technology projects; and $78 million for enhanced personnel and information security.

The establishment of the Joint Terrorism Task Force program has enhanced the FBI's ability to promote coordinated terrorism investigations among FBI field offices and their respective counterparts in Federal, State, and local law enforcement agencies. Our budget seeks $15.7 million to support a total of 56 Joint Terrorism Task Forces throughout the country. That is one in each FBI field office.

As accused terrorists are brought to justice in the Federal court system, there is an increased need for enhanced security measures. To support the heightened security required by the United States Marshals Service at the Federal courthouses, our budget seeks $34.7 million to close security gaps at courthouse facilities, with the greatest physical security deficiencies being addressed. Also, it seeks the resource to purchase new security equipment for new courthouses and for those undergoing significant renovation. It seeks those resources to provide additional security personnel for terrorist-related court proceedings and to provide security staffing to keep pace with the opening of new courthouses and the creation of new judgeships.

Another critical element in our battle against the terrorist threat is working to develop and enhance interoperable databases and telecommunications systems for the Department's law enforcement activities. Our budget seeks $60 million to continue narrowband investment in radio infrastructure for key areas such as New York and along the northern and southwestern borders.

DRUGS BUDGET REQUEST

As I mentioned earlier, our efforts to combat terrorism enhance enforcement of the law across the board. The heightened vigilance of law enforcement and the increased awareness and sense of responsibility of citizens spills over into more effective enforcement of the law in all areas and we are working to reduce both the demand for and the availability of illegal drugs. Drugs not only weaken the fabric of our society, but also threaten our national security.

The Organized Crime Drug Enforcement Task Force program is the centerpiece of the Department of Justice's drug strategy to reduce the availability of drugs. That task force, OCDETF, combines the talent of experienced Federal agents and prosecutors with support from State and local law enforcement, thereby uniquely positioning OCDETF to conduct multiple coordinated investigations

across the country to root out and eliminate all pieces of a drug organization.

For fiscal year 2003, our budget seeks $14.8 million through OCDETF to provide field support for DEA's Special Operations Division coordinated investigations. The Department's fiscal year 2003 budget also seeks $13 million for drug abuse and crime prevention programs under the Office of Justice Programs. Our budget includes $52 million for the drug courts program, $77 million for the residential substance abuse treatment program, and that is a 10-percent increase in funding over fiscal year 2002.

VOTING AND CIVIL RIGHTS ENFORCEMENT

Essential to this republic is the freedom and privilege of every citizen to vote. The Federal Government has become an active participant in establishing rules for the conduct of elections on matters ranging from voter registration to protection against discrimination. In fiscal year 2003, the Department requests $400 million for a new 3-year program, and in the 3 years that would total $1.2 billion, for States to improve State and local jurisdictions' voting technologies and administration, including voting machines, registration systems, voter education, and poll worker training. This new program will provide States with matching grants for election reform, so the $1.2 billion should have the impact of a $2.4 billion investment.

The Department of Justice is charged with protecting the civil rights of all Americans. Our fiscal year 2003 budget seeks $3 million for the Office of the Inspector General to address a statutory requirement of the USA PATRIOT Act for the review of complaints alleging abuses of civil rights and liberties and to provide audit oversight of the Department's counterterrorism programs. Further, we request $2.8 million to promote effective investigation, prosecution, and response to hate crimes.

Senator HOLLINGS. General, if you could hold on there, we have only 2 minutes to vote.

Attorney General ASHCROFT. I understand. Thank you.

Senator HOLLINGS. We will be right back. The committee will be in recess.

The committee will come to order. I apologize, Mr. Attorney General, but you are used to this. Have you completed your statement? Attorney General ASHCROFT. I would like to continue with my statement, if I may.

Senator HOLLINGS. Please do.

OTHER JUSTICE DEPARTMENT REQUESTS

Attorney General ASHCROFT. Thank you, Mr. Chairman, members of the committee. We at the Department of Justice are committed to building and strengthening an immigration services system that is effective, that ensures integrity, and promotes a culture of respect. We are making good progress toward achieving President Bush's goal of a 6-month average processing time for all applications. To help ensure additional progress, our budget request seeks $40 million to begin implementation of the administration's comprehensive restructuring of the Immigration and Naturalization Service.