Lated Agencies Appropriations for Fiscal Year 2014
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COMMERCE, JUSTICE, SCIENCE, AND RE- LATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2014 THURSDAY, JUNE 6, 2013 U.S. SENATE, SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. The subcommittee met at 11:15 a.m., in room SD–138, Dirksen Senate Office Building, Hon. Barbara A. Mikulski (chairwoman) presiding. Present: Senators Mikulski, Feinstein, Shelby, Collins, Mur- kowski, Graham, and Kirk. DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL STATEMENT OF HON. ERIC H. HOLDER, JR., ATTORNEY GENERAL OPENING STATEMENT OF SENATOR BARBARA A. MIKULSKI Chairwoman MIKULSKI. The Commerce, Justice, Science sub- committee will now come to order. Today, we take the testimony of the Attorney General of the United States. The subcommittee wishes to welcome the Attorney General, and we know he will be testifying on, the Department of Justice’s (DOJ) budget, its priorities for fiscal year 2014, and also the impact of the sequester this year and next year in terms of the impact on the DOJ, its mission because of the impact on its em- ployees. Later, we will also be listening to the DOJ Inspector General, Michael Horowitz, testifying for the first time about oversight in terms of management issues. We are doing this at every one of our hearings listening to the Cabinet. We invited the Inspector General to come so that we have a better sense of how this committee not only spends money, but how we can be a more frugal, more effi- cient Government, and to get value for our dollar. Today, we will discuss how the Justice Department’s fiscal year 2014 budget strengthens national security and counterterrorism, protects the safety and security of the rights of citizens, and how the Department ensures it uses taxpayer’s money wisely. DOJ enforces and defends the interests of the United States, public safety against threats foreign and domestic, seeks punish- ment of the guilty while providing leadership in preventing and controlling crimes, and ensures fair and impartial administration of (1) 2 the justice of all Americans. That is a lot, and we ask a lot of the Department of Justice, employing more than 115,000 people; 26,000 of them are Federal agents: the FBI, DEA, our U.S. Mar- shals, ATF. We have over roughly 20,000 prison guards and nearly 10,000 prosecutors, investigators, and legal experts. We get a lot, too, for what we have asked them to do. The U.S. Marshals have arrested over 12,000 fugitive sex offend- ers; 12,000 sexual predators were taken off the streets because of the aggressive work of our marshals. The DEA put 3,000 drug traf- ficking organizations, not people, out of business. And the FBI dis- mantled 409 criminal enterprises. The U.S. Attorneys collected $13 billion in criminal and civil penalties, going again, after the bad guys. They are the guardians of our justice system, and we want to make sure that we let them know we value them. So Mr. Attorney General, when we get ready to turn to you, we want all those people who work at the Department of Justice ad- ministering justice, protecting America and its Constitution, we want to say thank you. We ask a lot of the DOJ, and as we look at this year’s budget, we know that the DOJ got a request from the President of $27.6 billion. We also know that in fiscal year 2013, we enacted $26.8 bil- lion, but then you faced the sequester, which took the entire fund- ing down by almost $1.5 billion to $25.3 billion. Those are num- bers, but wow, they must have had just a tremendous impact, and we are going to look forward to hearing about that impact. For us, we look for community security, national security, over- sight, and accountability. We know that for your highlights, we know that there have been limited, but targeted entry increases in gun violence, requesting $1.4 billion, $379 million more than the fiscal year 2013 request, to keep our home, schools, and commu- nities safe. I like the fact that we want to help States improve the quality of criminal records and also mental health records, to allow schools to hire school safety personnel, and train local police on how to re- spond to these threatening incidents. While we are looking out, though, the threat that I consider the new enduring war is the threat to cybersecurity. In the last month, DOJ has charged cyber criminals in a $45 million ATM heist. Why rob a bank, when you can do an ATM heist? There is a growing nexus between organized crime and nation- states. Our Nation is facing, what Leon Panetta called, a digital Pearl Harbor. We know that the Justice Department is requesting $668 million for FBI agents, computer scientists, Federal prosecu- tors on the issue of cybersecurity, and we look forward to working with you on that. There are many issues facing the budget. One of the biggest stresses on the budget is Federal prisons. The Bureau of Prisons’ request is close to $7 billion. We have added 3,200 new inmates for a total of 224,000 people in our Federal prisons. That is a stunning number and it requires a lot of protection. We are concerned about keeping the bad guys off the street. We need to deal with the pris- on situation and also look out for the safety of our prison guards. We want to strengthen national security and we will be talking about that as we move along. But we also know that for State and 3 local law enforcement, this is an area of great concern because we know the way that the Department of Justice, the FBI through joint task forces, and our U.S. attorneys work: it is through State and local. There is a request of $2.3 billion for grants to be able to support the investments in that effort. We look forward to hear- ing more about that. We also look forward to hearing from you in terms of how we can achieve those savings and be a more, as I said, we want to have a safer country. We need to have a smarter Government in terms of how we use our resources. And yet, at the same time, we want to protect all American people. I would like to turn now to Senator Shelby. STATEMENT OF SENATOR RICHARD C. SHELBY Senator SHELBY. Thank you, Madam Chairman. Welcome, Mr. Attorney General. Today, we will hear from the Attorney General of the United States, Attorney General Holder, about the Department of Justice and his fiscal year 2014 budget request. We will also hear from the Inspector General, Michael Horowitz, who has taken a very active oversight role within the Department, as he should. First, I want to take a moment to recognize the men and women, Mr. Attorney General, of the DOJ who protect this country from crime and terrorism. They work hard to keep us safe in this coun- try, and for that, I think we all owe them a debt of gratitude. The fiscal year 2014 budget request for the Department of Jus- tice totals $28 billion, a 3.9-percent increase over the fiscal year 2013 enacted level. That increase, however, comes largely in the form of funding for new gun control measures while the majority of law enforcement accounts basically remain flat. The budget also proposes a number of gimmicks to find addi- tional so-called savings within the Department. I believe this ap- proach is misguided, Mr. Attorney General, and look forward to working with Chairwoman Mikulski to put the Department’s budg- et on the right track in the fiscal year 2014 process. The budget also proposes to remove language that prohibits the transfer of GTMO detainees to U.S. soil. This provision received broad bipartisan support last year and I am troubled by the admin- istration’s recommendation that it be removed. Their proposal is particularly disconcerting in light of the President’s renewed dec- laration on May 23 to close Guantanamo Bay. Aside from his broad declarations regarding the closure of GTMO, the President has made no specific proposal for dealing with the current detainees. The President has not even attempted to remove those detainees, his own administration has determined, who can be returned to their home country. The budget proposal, however, leads me to believe that the Presi- dent is planning to move the GTMO detainees here to the United States. Why else would the budget delete the transfer language? Either this is a real proposal or it is a political posturing. In my view, political posturing is unnecessary and, frankly, detrimental to any real discussion about terrorist detainees. I am also adamantly opposed to moving any terrorist detainees to the United States, and I believe many of my colleagues would 4 agree with me. Such a move would necessarily place Americans in harm’s way. These are dangerous individuals and they need to be isolated. GTMO, as we all know, provides that isolation. Madam Chairwoman, I would be remiss if I did not mention the controversy that has engulfed the Department and the Attorney General in recent weeks. These issues have overwhelmed the De- partment and cast a shadow of doubt upon the Attorney General. The Attorney General, as we all know, is the chief law enforce- ment officer of the Federal Government, and as the head of the De- partment of Justice, it is his responsibility to ensure that the laws are enforced and the interests of the United States are defended.