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S. HRG. 104-744 Senate Hearings Before the Committee on Appropriations Y 4.AP 6/2: S. HRG. 104-744 Coniterce. Justice, and State, the J... j Commerce, and Justice, State, the Judiciary, and Related Agencies Appropriations Fiscal Year 1997 104'* CONGRESS, SECOND SESSION H.R. 3814 DEPARTMENTOFCOMMERCE DEPARTMENTOFJUSTICE DEPARTMENTOFSTATE NONDEPARTMENTALWITNESSES RELATEDAGENCIES THEJUDICIARY U.S.INFORMATIONAGENCY S. Hrg. 104-744 DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGEN- CIES APPROPRIATIONS FOR FISCAL YEAR 1997 HEARINGS BEFOREA SUBCOMMITTEE OP THE COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE ONE HUNDRED FOURTH CONGRESS SECOND SESSION ON H.R. 3814 AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COM- MERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGEN- CIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES Department ofCommerce Department ofJustice Department of State Nondepartmental witnesses Related agencies Thejudiciary U.S. Information Agency Printed for the use ofthe Committee on Appropriations U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1997 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-054017-8 COMMITTEE ON APPROPRIATIONS MARKO. HATFIELD, Oregon,Chairman TTEHDADSTCEOVCEHNRSA,NA,laMsiksasissippi RDAONBIEERLTKC.IBNYORUDY,EW,esHatwVaiiriginia ARLENSPECTER, Pennsylvania ERNESTF. HOLLINGS,SouthCarolina PETEV. DOMENICI, NewMexico J. BENNETTJOHNSTON, Louisiana CHRISTOPHERS. BOND,Missouri PATRICKJ. LEAHY,Vermont SLADEGORTON,Washington DALEBUMPERS,Arkansas MITCHMcCONNELL, Kentucky FRANKR. LAUTENBERG,NewJersey CONNIEMACKFlorida TOM HARKIN, Iowa CONRADBURNS,Montana BARBARAA. MIKULSKI,Maryland RICHARDC. SHELBY,Alabama HARRYREID,Nevada JAMESM.JEFFORDS,Vermont J. ROBERTKERREY,Nebraska JUDDGREGG,NewHampshire HERBKOHL,Wisconsin ROBERTF. BENNETT,Utah PATTYMURRAY,Washington BENNIGHTHORSE CAMPBELL,Colorado J. KeithKennedy,StaffDirector MarkVandeWater,DeputyStaffDirector JamesH. English,MinorityStaffDirector Subcommittee on Commerce, Justice, and State, the Judiciary, and Related Agencies JUDDGREGG,NewHampshire,Chairman TMEADRKSTOE.VHEANTSF,IAElLaDs,kaOregon EDARNNIEESLTKF.IHNOOLULYIEN,GSH,awSaoiuith Carolina PETEV. DOMENICI,NewMexico DALEBUMPERS,Arkansas MITCHMcCONNELL, Kentucky FRANKR. LAUTENBERG,NewJersey JAMESM.JEFFORDS,Vermont J. ROBERTKERREY,Nebraska ROBERTC. BYRD,WestVirginia (exofficio) SubcommitteeStaff DavidTaylor ScottCorwin LulaEdwards ScottGudes(Minority) CONTENTS Thursday, May 2, 1996 Page DepartmentofJustice:OfficeoftheAttorneyGeneral 1 Thejudiciary: SupremeCourtoftheUnitedStates 103 U.S.courts 109 Wednesday, May 8, 1996 DepartmentofCommerce:SecretaryofCommerce 165 Thursday, May 9, 1996 DepartmentofJustice: BureauofPrisons 255 ImmigrationandNaturalizationService 269 Tuesday, May 14, 1996 Department of Commerce: National Oceanic and Atmospheric Administra- 321 Wednesday, May 15, 1996 DepartmentofCommerce: TechnologyAdministration 373 EconomicsandStatisticsAdministration 427 Thursday, May 16, 1996 DepartmentofJustice: FederalBureauofInvestigation 447 DrugEnforcementAdministration 497 DepartmentofState:SecretaryofState 525 , Thursday, May 23, 1996 DepartmentofState:BureauofInternationalOrganizationAffairs 553 U.S.InformationAgency 635 Related Agencies and Nondepartmental Witnesses Relatedagencies: LegalServicesCorporation 651 MaritimeAdministration 680 FederalMaritimeCommission 693 U.S.SecuritiesandExchangeCommission 704 U.S. EqualEmploymentOpportunityCommission 718 FederalTradeCommission 747 FederalCommunicationsCommission 763 U.S.ArmsControlandDisarmamentAgency 789 U.S.CommissiononImmigrationReform 803 North-SouthCenterattheUniversityofMiami 807 East-WestCenterforCulturalandTechnicalExchange 810 TheAsiaFoundation 812 StateJusticeInstitute 820 U.S. SmallBusinessAdministration 833 (III) rv Page Relatedagencies—Continued MarineMammalCommission °£? Japan-UnitedStatesFriendshipCommission »o^ Nondepartmentalwitnesses °b6 DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 1997 THURSDAY, MAY 2, 1996 U.S. Senate, Subcommittee ofthe Committee onAppropriations, 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 OFJUSTICE Office ofthe AttorneyGeneral STATEMENTOFJANETRENO,U.S.ATTORNEYGENERAL OPENING REMARKS Senator GREGG. We are going to start this hearing a little early, because theAttorney Generalis early, and thatis 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 De- partment in my opinion, which is very efficient. Senator Hollings I expect will bejoining 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 hap- pened just in the last few weeks here with the Congress and the President on the agreements which were reached. One ofthe bills which was finallyreached was the Commerce, State, Justice bill for fiscal year 1996, and that bill set out a lot ofpriorities which will dominate how we go forward in fiscalyear 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 stand- point of funding, although the majority of the Government, especially on the discretionary side ofthe budget, has received significant reductions, sometimes in some accounts whole activities—being zeroed out, manyother activities being reduced by 30 percent that is not an unusual number to find in many accounts. But inJustice, we have significantly increased spending in the Justice accounts over the fiscal year 1995 levels. This action reflects a beliefjointly (l) held by the administration and the Congress that a stronger com- mitment to enforcement ofour 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 At- torney 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. ATTORNEYGENERAL'S OPENING STATEMENT Ms. Reno. Thank you, and I think one ofthe 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 dealingwith, and we have appreciated thatvery, verymuch. IMMIGRATIONAND NATURALIZATION SERVICE INITIATIVES Let mejust highlight what we intend to do to build on what the committee and the Department ofJustice have done to date. Obvi- ously, one of our concerns is the Southwest border, both from the point ofview ofimmigration and with respect to drugs and corrup- tion 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 ofthe authorized but unfunded Border Pa- trol 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 ofimmigration, 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 ofcriminal 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 adjudica- tion, naturalization, and inspections. These resources will permit 198 additional inspectors to be stationed at air ports of entry to strengthenborderfacilitation. From my experience as a prosecutorin Miami, one ofourfrustra- tions as local prosecutors is to see illegal aliens in the criminaljus- tice 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 ofthe State Pris- on Grant Program provides $500 million to reimburse State and local governments. DRUG ENFORCEMENTADMINISTRATION 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. Ofthis 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 internation- ally and domestically, in stopping the flow ofdrugs into the United States duringthe pastyear. Workingin cooperation with the Thai Government, the DEA dra- matically disrupted the flow ofheroin from SoutheastAsia with the arrest of 11 high-ranking members ofBurma'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 ofthe leadership ofthe 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 of60 agents to the mobile enforcement teams, staffing ofthe DEA country office in Pretoria, South Africa to address heroin trafficking in this major drug transhipment zone, and critically needed DEAinfrastructure improvements.— Asyou have pointed out, Senator hello, Senator. SenatorHOLLINGS. Good morning. COMMUNITYPOLICING PROGRAM Ms. Reno. As you have pointed out, violent crime is a mutual priority for both this committee and for the Department ofJustice. With the investment we have made over the past few years in com- munity 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 accelerat- ing 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 ofmore 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 feel- ing 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 ofthe year, keeping us on track to reach the President's goal of 100,000 additional police officers on our Na- tion'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 ofyouthful offend- COUNTERTERRORISM FUNDING REQUEST At home and abroad, the threat ofterrorism to Americans is as tough as ever to meet, but the budget before you takes an aggres- sive 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, ini- tiated by this committee in response to the Oklahoma City bomb- ing. And to address the growingthreat ofinternational criminal en- terprises actively engaged not only in terrorism but nuclear smug- gling, organized crime, and drug trafficking that will directly affect the public safety and national security ofthe United States, we are seeking $6 million in increased resources for the FBI and the Criminal Division's Office ofInternationalAffairs. FUNDING REQUEST FORLITIGATIONACTIVITIES 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 costincreases that we have been forced to absorb, have seriously eroded vital litigating programs within the Department. This budget will address those INFRASTRUCTURE IMPROVEMENTS The Department's 1997 budget also seeks $122 million in critically needed infrastructure improvements for the FBI, the Mar- shals Service, the U.S. attorneys, and Immigration and Naturaliza- tion 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 ofour efforts to address violent crime, illegal immigration, and drugtrafficking. 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-