*********
Here's an excerpt:
The Department of Justice, with the strong support and
leadership of your Subcommittee, has acted aggressively to prevent,
mitigate, and investigate acts of terrorism, including the use of
weapons of mass destruction, and the emerging threat of cybercrime.
For FY 2002, we are requesting $107.96 million in additional funding
to support the Department's counterterrorism, cybercrime, and
counterintelligence efforts.
[...]
Within this amount, $28.14 million
will support the FBI's counter-encryption capabilities, and the
development of cyber technologies for the interception and management
of digital evidence.
-Declan
*********
STATEMENT
OF
JOHN ASHCROFT
BEFORE THE UNITED STATES SENATE
COMMITTEE ON APPROPRIATIONS
SUBCOMMITTEE ON COMMERCE, JUSTICE, AND STATE,
THE JUDICIARY AND RELATED AGENCIES
April 26, 2001
Mr. Chairman and Members of the Subcommittee:
It is both an honor and a pleasure to appear before you this morning
to present President Bush's first budget request for the Department of
Justice. For Fiscal Year 2002, the President's budget seeks $24.65
billion for the Department of Justice, including $20.94 billion in
discretionary spending authority and $3.71 billion in mandatory
resources, such as fees. This budget seeks to fulfill our basic
federal law enforcement responsibilities, address emerging technology
and critical infrastructure needs, and focus on the Administration's
priorities of reducing gun crime, combating drug use, guaranteeing the
rights of all Americans, and empowering communities in their continued
fight against crime.
While the fiscal year 2002 budget request maintains the same overall
amount of discretionary spending authority as was provided by this
Subcommittee in FY 2001, we have managed to enhance a number of key
areas. The budget includes a general shift in spending from state and
local law enforcement in order to support our core federal law
enforcement mission, and better target assistance to areas of greatest
need, such as crime in our schools, crimes committed with firearms,
and violence against women. The Community Oriented Policing Services
(COPS) program is continued at a somewhat reduced level, with
resources targeted for school safety, law enforcement technology
needs, and reducing DNA backlogs. The COPS request does not disrupt or
affect the commitments made to put 100,000 more police on the streets
and, in fact, goes further by proposing to hire up to an additional
1,500 School Resource Officers.
Basic Law Enforcement The Core Federal Mission
The budget I present to you today first addresses the basic law
enforcement responsibilities of the Department of Justice. The mission
of the Department is clear: to enforce the law and defend the
interests of the United States according to the law; to provide
leadership in preventing and controlling crime; to seek just
punishment for those guilty of unlawful behavior; to administer and
enforce the nation's immigration laws fairly and effectively; and to
ensure fair and impartial administration of justice for all Americans.
The FY 2002 budget includes $1.057 billion in program increases to
enable the Department to carry out its mission, particularly in the
areas of detention and incarceration, antiterrorism, cybercrime, and
counterintelligence.
Increased Detention and Incarceration Capacity
The number of inmates in the Federal Prison System has more than
doubled since 1990 as a result of tougher sentencing guidelines,
mandatory minimum sentences, the abolition of parole, and increased
federal law enforcement efforts. This surge in the prison population
continually tests the limits of our detention and incarceration
capacity. The FY 2002 budget for the Department of Justice includes a
$949.5 million increase in funding to support the federal
responsibility of detaining individuals awaiting trial or sentencing
in federal court, and incarcerating inmates who have been sentenced to
prison for federal crimes.
The rapid growth in the federal inmate population is expected to
continue. Despite the investment of nearly $5 billion for prison
construction over the past decade, the prison system is currently
operating at 32 percent over its rated capacity -- up from 22 percent
at the end of 1997. These conditions could jeopardize public safety
and cannot be ignored. The FY 2002 budget seeks an additional $809.27
million for the Bureau of Prisons to reduce overcrowding and
accommodate future growth. Specifically, $669.97 million is requested
to fund the construction of three Federal Corrections Institutions and
four United States Penitentiaries; partial site and planning funds for
two female facilities and two male facilities; and $139.3 million is
requested for the activation of the Federal Corrections Institute in
Petersburg, Virginia, and the United States Penitentiary and work camp
in Lee County, Virginia; and, the contract confinement costs to meet
the anticipated increase in the federal prison population.
To increase the detention capacity and staffing necessary to keep pace
with the growth in INS enforcement activities, the Department's
request includes an increase of $74.2 million. Within this amount is
$42.3 million in new resources to support the staffing,
transportation, medical, and removal costs associated with the
utilization of an additional 1,607 detention beds in FY 2002. And,
$31.9 million in new resources will support detention planning and
construction costs associated with additional detention bedspace and
other improvements at INS Service Processing Centers. INS's detention
and removal efforts will suffer if additional reliable bedspace is not
created. In many INS districts, contracting for detention space is not
a viable option, considering the remoteness of the locations in which
INS operates.
The workload of the United States Marshals Service is, in many ways,
unpredictable in that the Marshals' organization must meet the needs
of the Judiciary and our investigators and prosecutors. The Marshals
do not control the number of threats that judges may be confronted
with, nor the number of prisoners coming into its custody. For FY
2002, our request includes $64.4 million in increased funding for the
United States Marshals Service to cover the medical and housing costs
associated with an increase of one million jail days for Marshals
Service detainees held in non-federal facilities; to address the
anticipated workload increases as a result of the D.C. Revitalization
Act; for the staffing and equipping of courthouses that are new or
undergoing significant renovations; and to support the costs of
increased prisoner movements.
Also included within the Department's requested increase for
incarceration and detention is a critically needed $1.65 million for
the United States Parole Commission to support anticipated workload
increases associated with its takeover of the District of Columbia's
parole revocation and supervised release hearing functions, as
outlined in the D.C. Revitalization Act.
Counterterrorism, Cybercrime, and Counterintelligence Efforts
Preventing terrorism, deterring computer crime, and thwarting foreign
espionage are among the most serious challenges facing law enforcement
today. The Department of Justice, with the strong support and
leadership of your Subcommittee, has acted aggressively to prevent,
mitigate, and investigate acts of terrorism, including the use of
weapons of mass destruction, and the emerging threat of cybercrime.
For FY 2002, we are requesting $107.96 million in additional funding
to support the Department's counterterrorism, cybercrime, and
counterintelligence efforts.
The nation's growing dependency on technology systems has resulted in
a heightened vulnerability of our banking system, critical
transportation networks, and vital government services, while also
significantly increasing the incidence and complexity of crime. To
address the emerging cyber threat, the FY 2002 budget includes $33
million in increased resources. Within this amount, $28.14 million
will support the FBI's counter-encryption capabilities, and the
development of cyber technologies for the interception and management
of digital evidence. For the U.S. Attorneys, $2.95 million is included
to support 24 new positions for the prosecution of crimes committed
using the Internet. And, $1.9 million is included for the Criminal
Division for 14 new positions to continue coordinating the rising
number of investigations and prosecutions of multi-jurisdictional
national and international intrusion; denial of service attacks and
virus cases; and to provide increased network security and encryption
capabilities for its automated infrastructure.
To combat the threat of terrorism, the FY 2002 budget includes $39.4
million in new funding. For the FBI, $32 million is requested for
security and investigative duties at the 2002 Winter Olympics in Salt
Lake City, Utah; for increased security requirements at various FBI
locations; and, to support its incident response readiness
responsibilities. In addition, recognizing the critical role state and
local public safety agencies have in managing the consequences of any
terrorist event involving weapons of mass destruction, the
Department's budget request includes $220.5 million to continue the
Office of Justice Programs' Counterterrorism programs in FY 2002 and
ensure state and local response readiness. For the INS, $6.59 million
in new funding is included to establish intelligence units along our
northern and southern borders. These units will monitor terrorist
activities and smuggling operations, and assist in tracking the
movement of illicit narcotics, weapons, and other contraband across
our nation's borders.
The Department's FY 2002 budget also requests $31.6 million in
additional funding to allow the FBI to more completely and effectively
assess and defeat foreign intelligence threats to our national
security. Included within this amount is funding for the Criminal
Division to continue assisting the FBI with investigations involving
counterintelligence, particularly those involving espionage and high
technology export violations.
Technology and Critical Infrastructure Needs
Coordination between federal, state, tribal, and local law enforcement
agencies is crucial to crime solving and criminal apprehension. The
pooling of information and resources can greatly increase efficiency
and decrease the time involved in solving a case. Because law
enforcement agencies have developed a reliance on one another for
accurate and timely information, our crime fighting agencies must
maintain up-to-date information systems and develop secure processes
for sharing this information. The FY 2002 budget request includes $302
million in new funding to address these needs, focusing on systems
integration, upgrades, network reliability, efficient processes, and
state-of-the-art technologies. In addition, the Department plans to
request the use of $67 million from its Working Capital Fund for
infrastructure needs.
For the FBI, our budget request includes $67.7 million to support the
second year of Trilogy, the FBI's 3-year information technology
upgrade plan. Another $6.5 million will permit the acquisition of
communication circuits that will support faster transmission of data
and greater network reliability. For activation of the new FBI
Laboratory in Quantico, Virginia, we are seeking $1.16 million in
direct spending and the use of up to $40 million from the Department's
Working Capital Fund. To continue the critically needed integration of
the INS and FBI Fingerprint Identification Systems, we are seeking $28
million $1 million in direct spending and the use of up to $27
million from the Working Capital Fund. This funding will be used to
improve INS fingerprinting capabilities, and integrate the INS
Automated Biometrics Identification System (IDENT) with the FBI's
Integrated Automated Fingerprint Identification System (IAFIS). This
investment of resources will better equip us to prevent a recurrence
of an incident similar to the Rafael Resendiz-Ramirez serial killings
that occurred in 1999.
To directly assist state and local law enforcement agencies with their
technology needs, the FY 2002 budget includes an increase of $225.7
million in grant funding. Specifically, the Department is requesting
$20.7 million for Crime Identification Technology Act (CITA) funding;
$35 million to address the backlog of state convicted offender DNA and
crime scene DNA samples that exist nationwide; $35 million for the
Crime Lab Improvement Program (CLIP) to improve the general forensic
science capabilities of laboratories; $35 million for the Criminal
Records Upgrade Program to promote compatibility among criminal
history, criminal justice, and identification record systems
nationwide; and $100 million for technology grants for state and local
law enforcement under the COPS program. The FY 2002 budget
significantly increases the funding available to state and local law
enforcement for technology initiatives a natural follow-on to the
COPS program that provided additional officers on the street. Now we
need to ensure state and local law enforcement is adequately equipped
with the best technology to do its job.
Bush Administration Priorities
The budget I present to you today also focuses on several key areas
that are reflective of the priorities of the Bush Administration.
During my confirmation hearings, I said I believe a citizen's
paramount civil right is safety. Americans have a right to be secure
in their persons, homes and communities. Gun violence, violence
against women, drug crime, and sexual predators all threaten to deny
this most fundamental right. It is a core responsibility of
government, led by the Attorney General and the Department of Justice,
cooperating with local law enforcement officials, to secure this
right. Our FY 2002 budget provides $650 million in additional funding
to advance this effort. Children do not learn in schools overrun by
neighborhood violence. Jobs will not be found in communities where
criminals own the streets, and no American who now feels threatened
should have to move to live in a safer neighborhood.
Reducing Gun Crime
I announced at the outset of my tenure as Attorney General that one of
my top priorities would be the formation of a new firearms enforcement
initiative, along with a task force to develop and implement this
initiative. This group includes the Bureau of Alcohol, Tobacco, and
Firearms and various components from within the Department of Justice,
including the Office of the Attorney General, FBI, Criminal Division,
Executive Office of United States Attorneys, and others. They have
been meeting regularly and I look forward to hearing their
recommendations in the next several weeks.
There is no question that we need a renewed commitment to the vigorous
enforcement of existing laws addressing gun crime. The recent spate of
gun violence on school campuses and the alarming rate at which gang
related violence occurs in schools, on playgrounds, and at parks
throughout the country highlight the need for federal prosecutors to
work with state and local law enforcement to pursue serious juvenile
offenders. I intend to renew enforcement efforts in this area by
building on successes in existing jurisdictions and by developing a
comprehensive strategy to target gun violence. The FY 2002 budget
request for the Department of Justice takes the first step toward this
goal and includes $153.78 million in increased resources to vigorously
enforce gun laws through increased prosecutions, strategic approaches
to crimes committed with firearms, and ensuring that child safety
locks are available for every handgun in America.
For the U.S. Attorneys, $9 million is included to support Project
Sentry, a new federal-state law enforcement partnership to identify
and prosecute juveniles who violate state and federal firearms laws
and the adults who supply them with guns. This funding will be used to
hire a prosecutor in each of the 94 U.S. Attorneys' Offices around the
country who will focus on gun crimes involving or affecting juveniles,
including school-related violence and trafficking firearms to minors.
Another $20 million will be provided to Project Sentry through the
COPS program and the Juvenile Justice Title V program. This funding
establishes safe school task forces across the country that will also
prosecute and supervise juveniles who carry or use guns illegally, as
well as the adults who illegally furnish firearms to them.
Within the Office of Justice Programs, $49.78 million is requested for
a new gun violence program that will provide grants to encourage
states to increase the prosecution of gun criminals and assist them by
providing funding to establish programs that target gun criminals
through increased arrests and prosecutions and public awareness to
deter gun crime. This funding will support Project Exile and Project
Ceasefire type programs that vigorously enforce our gun laws and send
a clear signal that our culture will not tolerate the illegal use of
firearms.
Another $75 million is included for Child Safe, a new program that
will provide funds to ensure child safety locks are available for
every handgun in America. The Office of Justice Programs will provide
$65 million annually to state and local governments on a
dollar-for-dollar matching basis. Locks will be distributed by local
municipalities, counties, or private organizations. The annual federal
matching funds will also be available to match private contributions
by organizations seeking assistance in the goal of providing locks for
every handgun in America. The remaining $10 million will be spent,
annually, on administrative costs and advertising, including a
national toll-free hotline to make sure all parents are aware of the
program.
Combating Drug Use
The cost of illegal drug use to this nation continues to rise and is
borne by all Americans through tax dollars for increased law
enforcement, incarceration, treatment programs, and medical needs.
Estimates of the total cost exceed $100 billion annually, yet do not
begin to capture the human costs associated with drug abuse that are
measured in wasted human capital, and the pain and suffering of many
American families. The FY 2002 budget for the Department of Justice
includes $77.2 million in additional resources for law enforcement
agencies to combat illegal drug use.
Specifically, our budget requests $58.16 million in enhancements for
the Drug Enforcement Administration (DEA). Included within this amount
is $30 million and 3 positions for DEA's global information technology
and intelligence network, FIREBIRD. This funding will enable the DEA
to complete its deployment, provide network security, and support
technology renewal of the system. Another $15 million and 62 positions
are included to provide critical support for DEA's role in the
interagency Special Operations Division, and DEA's Investigative
Technology programs, particularly for investigations associated with
the Southwest Border, Latin America, the Caribbean, Europe, and Asia.
To meet mission critical requirements within the laboratory services
program, $13.1 million and 69 positions are also included. This
request will give DEA sufficient chemist resources to address a
growing backlog of exhibits, and establish a laboratory equipment base
that will better support program operations.
The production and use of methamphetamine (meth) has been on the rise
over the past few years, and the number of meth laboratories has
increased dramatically across the country. In 1998 and 1999 combined,
law enforcement agencies seized meth labs in every state except 3.
Meth lab enforcement and clean-up efforts are complicated by the
presence of hazardous materials produced during the manufacturing
process. Cleaning up these labs is a costly and risky business posing
life-threatening consequences to our law enforcement officials who
come across these labs, as well as severe and toxic environmental
damage to the surrounding area. State and local law enforcement
agencies can be overwhelmed by the need to confront even one large
laboratory. Meth dealers and drug organizations have targeted rural
communities, places where many of the local law enforcement agencies
have neither the expertise nor the resources to deal with this serious
threat. The FY 2002 budget continues to provide $48 million for the
Office of Justice Programs to assist state and local law enforcement
agencies with the costs associated with meth cleanup and to aid meth
enforcement.
While law enforcement is an effective and essential tool in combating
the violent crime associated with illegal drug use in communities
throughout our nation, treatment for the individual abuser is also
important. Our FY 2002 request includes $14 million to expand
residential substance abuse treatment in federal and state prison
systems. We have also requested $5 million for the National Institute
of Justice to expand the Arrestee Drug Abuse Monitoring (ADAM) program
to 15 additional sites across the country, so that more communities
will have sound data about the links between drugs and crime on which
to base their law enforcement policies and offender treatment
practices.
Guaranteeing Rights for All Americans
The Department of Justice has a unique role in guaranteeing the rights
of all Americans. This role includes promoting the enforcement of our
nation's civil rights laws and deterring violent crimes against women.
Through the efforts of the Civil Rights Division, the Community
Relations Service, the United States Attorneys Offices, the FBI, and
the Office of Justice Programs, the Department seeks to protect the
civil rights and liberties guaranteed to all Americans. The FY 2002
budget includes an increase of $105.7 million to further its role in
this area.
Specifically, we have requested a $102.5 million increase in Violence
Against Women Act programs to support new and existing programs.
Authorized under the Victims of Trafficking and Violence Protection
Act of 2000, the budget includes: $15 million for the Safe Havens for
Children Pilot Grant Program; $40 million for the Legal Assistance for
Victims Program; $10 million for the Grants to Reduce Violent Crimes
Against Women on Campus Program; $5 million for a new Elder Abuse,
Neglect and Exploitation Program; and $7.5 million for education and
training to end violence against and abuse of women with disabilities.
Our request also includes $1.2 million in funding to support three
studies by the Office of Justice Programs' Bureau of Justice
Statistics. The first study will deal with police initiated stops of
motorists for routine traffic violations. The second study will deal
with deaths while in law enforcement custody as required under the
Deaths in Custody Act. The third study will measure victimization of
the population with disabilities in the United States.
For the Civil Rights Division, the FY 2002 budget includes a $2
million enhancement to address several important initiatives,
including enforcement of the newly enacted Trafficking Victims
Protection Act of 2000, which affords expanded protections and
services for trafficking victims and creates several new federal
crimes for which the Division is the lead component with respect to
enforcement. With the FY 2002 allocation, the Division will be able to
hire additional prosecutors and conduct a community outreach program.
The FY 2002 funding will also help the Civil Rights Division implement
the President's New Freedom Initiative to assist persons with
disabilities, including expanded outreach to America's small business
sector, improved access to information technologies and voting, and
swift implementation of the Supreme Court's Olmstead decision to
provide services to people with disabilities in community-based
settings. The FY 2002 budget includes funding for new attorney hires
that will allow the Civil Rights Division to undertake a broad voting
rights initiative aimed at ensuring voter access and the integrity of
the voting process. Our FY 2002 budget request also includes funding
to increase the Division's presence in employer and other communities
to prevent immigration-related unfair employment practices.
Empowering Communities in their Fight Against Crime
The active involvement of communities throughout America is a critical
and necessary resource in our fight against crime. By broadening the
base of resources available at the local level, communities will be
better equipped to provide their citizens with the tools necessary to
ensure a safe environment in which their children can grow and learn.
Nowhere is this more evident than in the success of the Weed and Seed
Program where communities work in partnership with federal, state, and
local law enforcement agencies to target criminals, "weed" them out of
their neighborhoods with swift and certain prosecution, and then go to
work to take back the houses, schools, and recreation centers, that
made the communities a safe haven and home to so many. President
Bush's FY 2002 budget includes a $25 million increase for the Weed and
Seed program building upon an initiative that was first started
during his father's Administration and with the active support of
many on this Subcommittee.
The FY 2002 budget also includes $5 million for the development of a
faith-based, pre-release pilot program at four federal prisons. The
pilot will include male and female programs at different geographic
sites and security levels. This faith-based initiative -- which will
be voluntary and open to inmates of any faith, or no faith at all --
aims to combat crime and curb recidivism so that ex-offenders can
remain ex-offenders. Religion and crime are age-old enemies, and a
growing body of empirical evidence shows the potency of the "faith
factor" to change behavior. This model initiative, with a strong focus
on one-on-one, post-prison aftercare, will offer moral guidance and a
caring community to help ex-offenders re-enter society with hope and
responsibility.
Improving Immigration Services and Border Enforcement
The Immigration and Naturalization Service (INS) has two principal
functions: enforcement and service. Right now, the INS's performance
is widely criticized. This Administration intends to turn the agency
around. Restructuring of the INS will be a top priority. The FY 2002
budget includes an additional $240.14 million for immigration-related
activities.
The Bush Administration is committed to building and maintaining an
immigration services system that ensures integrity, provides services
accurately and in a timely manner, and emphasizes a culture of
respect. The FY 2002 budget includes $45 million in increased
resources to reduce the backlogs in benefits processing. This request,
combined with $35 million in base funding and $20 million in premium
processing fees, represents the first $100 million installment in a
five-year, $500 million initiative to provide quality service to all
legal immigrants, citizens, businesses, and other INS customers. It
will enable INS to establish and accomplish a universal six-month
processing standard for all immigration applications and petitions
and, through employee performance incentives, make customer
satisfaction a high priority.
The FY 2002 budget also includes $75 million for the INS to add 570
new Border Patrol agents in 2002, with plans to add another 570 in
2003. With these 1,140 additional agents, the total increase of 5,000
Border Patrol agents authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA) will be achieved.
Approximately 11,000 agents will be deployed along the nation's
northern and southern borders by the end of 2003, 11 percent more than
the 2001 level of 9,800.
In support of the additional agents, another $20 million is requested
in FY 2002 for the INS to increase the deployment of force multiplying
border enforcement technology. The Integrated Surveillance
Intelligence System (ISIS) will provide day and night visual coverage
of the border, can be deployed in rugged terrain and in vast open
areas, and serves as a deterrent to potential illegal border crossers
in areas where Border Patrol agents are not immediately visible.
To address chronic space shortages and facility deficiencies, the FY
2002 budget includes $42.73 million for INS Border Patrol facility
construction. Many of the Border Patrol facilities were built prior to
the 1970's and cannot accommodate the tremendous growth in the number
of agents.
For the Executive Office of Immigration Review (EOIR), the FY 2002
budget includes $4.85 million in increased funding to coordinate with
INS initiatives, which are anticipated to increase annually the
Immigration Judge caseload and the Board of Immigration Appeals
caseload by 10,000 cases. The budget also includes an additional $1.2
million for the U.S. Attorneys to meet immigration workload generated
from a rise in habeas corpus petitions filed by detainees held in INS
custody indefinitely. These detainees have been issued an order of
deportation but cannot be removed because their country of origin will
not accept them. Many detainees challenge the legal authority of the
INS to hold them by petitioning for a writ of habeas corpus. Another
$1.36 million is requested for the Office of the Inspector General to
address corruption and civil rights violations involving Department
employees along the Southwest border.
To enhance the prosecutorial resources of county prosecutors located
near the Southwest border, our FY 2002 request includes $50 million.
Thousands of federal drug arrests occurring near the Southwest border
are referred to county prosecutors because the quantity of drugs
seized is too small to meet the threshold set by local U.S. Attorneys
for prosecution. The Department will devote $50 million to assist
counties near the Southwest border with the costs of prosecuting and
detaining these referrals. Grants will be awarded based on Southwest
border county caseloads for processing, detaining, and prosecuting
drug and alien cases referred from federal arrestees.
The Administration will propose splitting INS into two agencies with
separate chains of command, but reporting to a single policy official
in the Department of Justice. I support this restructuring, believe
its time has come, and look forward to working with the Subcommittee
as the proposal moves through the Congress.
Redirection of State and Local Resources
The FY 2002 budget provides over $4.2 billion for state and local law
enforcement grant programs. Included within the request are newly
created initiatives or enhancements to existing programs to address
specific crime problems. These proposals include: an increase in
Violence Against Women Act funding of more than 35 percent; an
expansion of the Weed and Seed program; more funding for drug
treatment in state prisons; increased assistance for state
prosecutors; and new anti-gun violence programs.
Reductions are made primarily in four areas: 1) Byrne discretionary
grants;
2) the State Criminal Alien Assistance Program; 3) the Local Law
Enforcement Block Grant Program; and 4) State Prison grants. These
funding reductions are recommended for programs that have fulfilled
their original purpose, outlived their authorizations, or are less
essential to core federal law enforcement functions. This redirection
in funding will allow the Department to meet many of the federal law
enforcement agency priorities that I have highlighted for you here
today.
Conclusion
Chairman Gregg, Senator Hollings, Members of the Subcommittee, I have
outlined for you today the principal focus of President Bush's FY 2002
budget request for the Department of Justice. I am new to the job of
Attorney General of the United States and am still learning about many
of the programs we have under our jurisdiction. You both have
monitored spending by the Department for some time and I look forward
to your advice and counsel.
Thank you. I would be pleased to answer any questions you might have.
###
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