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

YEAR 1997

THURSDAY, MAY 2, 1996

U.S. SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS,

Washington, DC.

The subcommittee met at 10 a.m., in room S-146, the Capitol,

Hon. Judd Gregg (chairman) presiding.

Present: Senators Gregg, Domenici, Hollings, and Bumpers.

DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

STATEMENT OF JANET RENO, U.S. ATTORNEY GENERAL

OPENING REMARKS

Senator GREGG. We are going to start this hearing a little early, because the Attorney General is early, and that is great. And I very much appreciate her making that extra effort to be here not only on time but early. That is reflective of the way she runs her Department in my opinion, which is very efficient. Senator Hollings. expect will be joining us shortly. He works on southern time; we work on northern time.

This hearing, obviously, is meant to go over the budget for the 1997 period. That budget is affected significantly by what has happened just in the last few weeks here with the Congress and the President on the agreements which were reached. One of the bills which was finally reached was the Commerce, State, Justice bill for fiscal year 1996, and that bill set out a lot of priorities which will dominate how we go forward in fiscal year 1997.

To the extent that there are new initiatives, new ideas or areas of emphasis which may be different than what was done in the 1996 proposals, I think we want to highlight those today. In addition, I think it should be noted for the record that from a standpoint of funding, although the majority of the Government, especially on the discretionary side of the budget, has received significant reductions, sometimes in some accounts whole activities being zeroed out, many other activities being reduced by 30 percent-that is not an unusual number to find in many accounts. But in Justice, we have significantly increased spending in the Justice accounts over the fiscal year 1995 levels. This action reflects a belief jointly

held by the administration and the Congress that a stronger commitment to enforcement of our criminal laws and especially in the area of violent crime, terrorism, and illegal immigration is absolutely critical.

And thus, unlike many departments where the issue is, how do you live on less, the issues for the Attorney General have been how do you most effectively use increased resources, and I think the Attorney General has been very effective in addressing those issues, and I have enjoyed working with her and will now turn it over to the Attorney General for whatever comments she wishes to make.

ATTORNEY GENERAL'S OPENING STATEMENT

Ms. RENO. Thank you, and I think one of the reasons that I have been successful is because we have had the opportunity to work with you and Senator Hollings and your staffs. Mr. Taylor and Mr. Gudes have been just exceptional in working with us to address problems of mutual concern to highlight issues that we will both be dealing with, and we have appreciated that very, very much.

IMMIGRATION AND NATURALIZATION SERVICE INITIATIVES

Let me just highlight what we intend to do to build on what the committee and the Department of Justice have done to date. Obviously, one of our concerns is the Southwest border, both from the point of view of immigration and with respect to drugs and corruption along the border. The budget before you provides a $428 million, or 16 percent increase for INS as it focuses attention on the border. That would include hiring 700 additional Border Patrol agents and funding 126 of the authorized but unfunded Border Patrol agents shortfall that I identified previously. It would also provide additional moneys for support personnel and immigration inspectors. It includes $70 million to support 54 additional agents for the DEA along the Southwest border, 70 additional agents for the FBI, and 91 assistant U.S. attorneys. But as we look at the issue of immigration, we have tried to perfect a balanced approach that first addresses the border and controls illegal immigration, then focuses on workplace enforcement and the removal and deportation of criminal aliens, and we will ask for additional initiatives in that regard.

For fiscal year 1997, the budget for INS also includes $47.4 million in fee-funded enhancements to provide immigration adjudication, naturalization, and inspections. These resources will permit 198 additional inspectors to be stationed at air ports of entry to strengthen border facilitation.

From my experience as a prosecutor in Miami, one of our frustrations as local prosecutors is to see illegal aliens in the criminal justice system. We are seeking $330 million for the State Criminal Alien Assistance Program. This amount, when combined with the $170 million we have proposed to be available out of the State Prison Grant Program provides $500 million to reimburse State and local governments.

DRUG ENFORCEMENT ADMINISTRATION INITIATIVES

In addition to our initiative along the Southwest border with respect to drugs, the total Department resources dedicated to the war on drugs increased by $705 million, or 11 percent, in the fiscal year 1997 budget. Of this amount, the DEA's law enforcement resources will grow by 18 percent or $156 million. As our Nation's lead drug agency, the DEA has made significant progress, both internationally and domestically, in stopping the flow of drugs into the United States during the past year.

Working in cooperation with the Thai Government, the DEA dramatically disrupted the flow of heroin from Southeast Asia with the arrest of 11 high-ranking members of Burma's Shan United Army, who were intimately involved in drug trafficking. In Colombia, the DEA was actively involved in bilateral investigations that resulted in the arrest of the leadership of the Cali mafia by the Colombian national police. In Galveston, TX, gang violence directly attributed to drug trafficking came to an end after a DEA mobile enforcement team was deployed to this area. These are a few examples of the results that we can build on with funding to support the addition of 60 agents to the mobile enforcement teams, staffing of the DEA country office in Pretoria, South Africa to address heroin trafficking in this major drug transhipment zone, and critically needed DEA infrastructure improvements.

As you have pointed out, Senator-hello, Senator.
Senator HOLLINGS. Good morning.

COMMUNITY POLICING PROGRAM

Ms. RENO. As you have pointed out, violent crime is a mutual priority for both this committee and for the Department of Justice. With the investment we have made over the past few years in community policing and the Department's antiviolence initiative, we have seen a reduction in violent crime, but now more than ever is the time to reinvigorate our fight on this front to stress accelerating youth crime and come to grips once and for all with those senseless, brutal attacks.

The fiscal year 1997 budget before you includes $1.976 billion for the COPS Program. This includes $1.950 billion, the level authorized in the 1994 Crime Control Act, to hire approximately 19,000 more officers. However, as you well know, the recent agreement on the fiscal year 1996 spending bill assumes $1.4 billion per fiscal year for the COPS Program in 1996 through 1999 and such sums as necessary in the year 2000. While we still believe the levels authorized in the 1994 Crime Act are optimal, we can support a funding level of $1.4 billion for COPS, but I urge that the subcommittee provide the remaining $550 million to local communities to be used to enhance law enforcement activities, including the hiring of more police, and to permit local governments to develop effective law enforcement and crime prevention programs.

To date, the COPS Program has funded over 34,000 police officers in neighborhoods and communities throughout America. These officers are making a real difference: crime is down; people are feeling safer; and kids can play in their yards again. With the recent conference agreement, it is estimated that nearly 45,000 officers

will be funded by the end of the year, keeping us on track to reach the President's goal of 100,000 additional police officers on our Nation's streets by the year 2000.

ANTIVIOLENCE INITIATIVE

We are also requesting nearly $36 million in additional resources to crack down on youth violence and gangs and to support initiatives for at-risk youths. To combat violence against women, we are seeking $21 million in increased funding, bringing available State and local assistance under the 1994 Violence Against Women Act to $189 million. The bipartisan support for this program reflects its importance in helping to end violence within the family, violence that in turn too often seeds another generation of youthful offend

ers.

COUNTERTERRORISM FUNDING REQUEST

At home and abroad, the threat of terrorism to Americans is as tough as ever to meet, but the budget before you takes an aggressive step in meeting this threat. In 1997, the Department is seeking $18 million for 108 new FBI agents, who will be actively engaged in counterterrorism initiatives. In addition, we are seeking nearly $10 million for the Department's counterterrorism fund, initiated by this committee in response to the Oklahoma City bombing. And to address the growing threat of international criminal enterprises actively engaged not only in terrorism but nuclear smuggling, organized crime, and drug trafficking that will directly affect the public safety and national security of the United States, we are seeking $6 million in increased resources for the FBI and the Criminal Division's Office of International Affairs.

FUNDING REQUEST FOR LITIGATION ACTIVITIES

The fiscal year 1997 budget includes $13.8 million to restore critically needed base resources to the general litigation activities. organizations of the Department of Justice. During the past few years, level funding, coupled with mandatory cost increases that we have been forced to absorb, have seriously eroded vital litigating programs within the Department. This budget will address those

areas.

INFRASTRUCTURE IMPROVEMENTS

The Department's 1997 budget also seeks $122 million in critically needed infrastructure improvements for the FBI, the Marshals Service, the U.S. attorneys, and Immigration and Naturalization Service. Recognizing that this request may not be one that can be quantified in numbers or new agents, it is absolutely paramount to the overall success of our efforts to address violent crime, illegal immigration, and drug trafficking.

INCARCERATION AND DETENTION INCREASES

To address our ever-growing inmate population, the budget before you includes program increases for the Federal prison system. These resources will permit the activation of over 6,900 new inmate beds in 1997, construction of another 2,200 beds, and oper

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