Table Of ContentS. 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 addi-
tion, I think it should be noted for the record that from a stand-
point of funding, although the majority of the Government, espe-
cially on the discretionary side ofthe budget, has received signifi-
cant 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 abso-
lutely 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 mil-
lion, 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 pro-
vide additional moneys for support personnel and immigration in-
spectors. 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 fo-
cuses 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 mil-
lion 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 re-
spect 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 traffick-
ing 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 author-
ized 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 au-
thorized in the 1994 Crime Act are optimal, we can support a fund-
ing 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 en-
forcement and crime prevention programs.
To date, the COPS Program has funded over 34,000 police offi-
cers 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 initia-
tives 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 seek-
ing $18 million for 108 new FBI agents, who will be actively en-
gaged 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 criti-
cally 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 be-
fore you includes program increases for the Federal prison system.
These resources will permit the activation of over 6,900 new in-
mate beds in 1997, construction of another 2,200 beds, and oper-
