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DEPARTMENT of JUSTICE AUTHORIZATION for APPROPRIATIONS, Nscal YEAR 1992 (Part 2—Appendix)

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DEPARTMENT of JUSTICE AUTHORIZATION for APPROPRIATIONS, Nscal YEAR 1992 (Part 2—Appendix) ^.'^^ \Ki DEPARTMENT OF JUSTICE AUTHORIZATION FOR APPROPRIATIONS, nSCAL YEAR 1992 (Part 2—Appendix) ( '^^R 26 1992 HEARINGS BETORE TMS;„^^^^ :i) H^^lSjl^' COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SECOND CONGRESS FIRST SESSION JULY 11 AND 18, 1991 Serial No. 12 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PaiNTING OFFICE S2-«70 o WASHINGTON : 199S For sale by the U.S. GovemmenI Priming Office Superinlendem of Documents. Congres!>MMial Sales OfTice, Washington. DC 20402 ISBN 0-16-037645-9 CX)MMITTEE ON THE JUDICIARY JACK BROOKS, Texas, Chairman DON EDWARDS, California HAMILTON FISH, JR., New York JOHN CONYERS, JR., Michigan CARLOS J. MOORHEAD, California ROMANO L. MAZZOLI, Kentucky HENRY J. HYDE, Illinois WILLIAM J. HUGHES, New Jersey F. JAMES SENSENBRENNER, JR., MIKE SYNAR, Oklahoma Wisconsin PATRiaA SCHROEDER, Colorado BILL McCOLLUM. Florida DAN GLICKMAN, Kansas GEORGE W GEKAS, Pennsylvania BARNEY FRANK, Massachusetts HOWARD COBLE, North Carolina CHARLES E. SCHUMER, New York D. FRENCH SLAUGHTER, JR., VirginU EDWARD F. FEIGHAN, Ohio LAMAR S. SMITH, Texas HOWARD L. HERMAN, California CRAIG T. JAMES, Florida RICK BOUCHER, Virginia TOM CAMPBELL, California BARLEY O. STAGGERS, JR., West Virginia STEVEN SCHIFF, New Mexico JOHN BRYANT, Texas JIM RAMSTAD, Minnesota MEL LEVINE, California GEORGE E. SANGMEISTER, lUinois CRAIG A. WASHINGTON, Texas PETER HOAGLAND, Nebraska MICHAEL J. KOPETSKl, Oregon JOHN F. REED, Rhode Island JONATHAN R YAROWSKY, General Counael ROBERT H. BRINK, Deputy General Counsel JAMES E. LKWIN, Chief Investigator ALAN F. COFTKY, JR., Minority Chief Counsel (II) Cm 3^-*3e%L/ HZ-'^lG^^ A I ^^\..^ CONTENTS X f + APPENDIX Pagp Hon. Jack Brooks, a Representative in Congress from the State of Texas, and chairman, Committee on the Judiciary, letter to Dick Thornburgh, Attorney General, U.S. Department of Justice, dated April 29, 1991 1 Dick Thornburgh, Attorney General of the United States, U.S. Department of Justice, letter with accompanying attachments to Chairman Jack Brooks, dated June 17, 1991 20 W. Lee Rawls, Assistant Attorney General, U.S. Department of Justice, letter to Hon. Carl Levin, chairman. Subcommittee on Oversight of Government Affairs, U.S. Senate, dated April 10, 1991 39 Donald B. Ayer, Deputy Attorney General, U.S. Department of Justice, letter to William W. Wilkins, Jr., Chairman, U.S. Sentencing Commission, dated February 26, 1990 42 Donald B. Ayer, Deputy Attorney General, U.S. Department of Justice, letter to William W. Wilkins, Jr., Chairman, U.S. Sentencing Commission, dated March 16, 1990 44 Prepared statement of Paul L. Maloney, Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice 45 Dick Thornburgh, Attorney General, U.S. Department of Justice, letter to William W. Wilkins, Jr., Chairman, U.S. Sentencing Commission, dated October 12, 1990 53 Robert S. Mueller III, Assistant Attorney General, U.S. Department of Justice, letter with enclosures to William W. Wilkins, Jr., Chairman, U.S. Sentencing Commission 58 Top 100 referrals 79 Prepared statement of Dick Thornburgh, Attorney General of the United States, before the Federal Courts Study Committee 83 Prepared statement of Stuart Gerson, Assistant Attorney General, Civil Division, Department of Justice, before the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Administration of Justice 99 Stuart Gerson, Assistant Attorney General, Civil Division, Department of Justice, responses to questions submitted by the Committee on the Judiciary for the Department of Justice 123 W. Lee Rawls, Assistant Attorney General, U.S. Department of Justice, letter to Hon. Donald S. Riegle, chairman. Banking, Housing and Urban Affairs, U.S. Senate, dated May 23, 1991 208 W. Lee Rawls, Assistant Attorney General, U.S. Department of Justice, letter with enclosures to Hon. Danforth Quayle, President of the Senate, U.S. Senate, dated May 23, 1991 213 W. Lee Rawls, Assistant Attorney General, U.S. Department of Justice, letter to Hon. Charles E. Schumer, chairman. Subcommittee on Crime and Criminal Justice, U.S. House of Representatives, dated March 12, 1991 253 (UI) S r Page W. Lee Rawls, Assistant Attorney General, U.S. Department of Justice, letter to Hon. Al McCandless, ranking minority member. Subcommittee on Government Information, Justice, and Agriculture, dateid May 1, 1991 256 Edward R. Becker, Chairman, Committee on Criminal Law and Probation Administration, Judicial Conference of the United States, letter with attachments to Thomas Boyd, Assistant Attorney General for Policy, U.S. Department of Justice, dated July 23, 1990 258 William W. Wilkins, Jr., Chairmtui, U.S. Sentencing Commission, letter with enclosures to Senators Biden and Thurmond, dated June 28, 1990 265 Excerpt from the Congressional Record, September 23, 1970 273 Executive Office for Asset Forfeiture statistics 275 Memorandum of understanding between Office of Enforcement Counsel, Environmental Protection Agency, and the Federal Bureau of Investigation. 283 Media activity, fiscal years 1983-1990, entities and individuals indicted 288 Foreign language bonus program, foreign language test total and score grid (1811'sonry) 291 IV DEPARTMENT OF JUSTICE AUTHORIZATION FOR APPROPRIATIONS, FISCAL YEAR 1992 (Part 2—Appendix) JULY 11 AND 18, 1991 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, Washington, DC. HON. JACK BROOKS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS, AND CHAIRMAN, COMMITTEE ON THE JUDICIARY, LETTER TO DICK THORNBURGH, ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, DATED APRIL 29, 1991 ONE HUNORfO SICONO CONGKSt CongrtBB or the Bnited States ftODBt or Kqtrucntatfbcs UUM*t MMIttinM COMMITTEE ON THE JUOICIAHY 2138 fUYSURN HOUtf OFFiea BulieiNQ MAJO«TY^;MM< WUHiMTOn. DC 2aeis-<2i> April 29, 1991 The Honorable Dick Thornburgh Attorney General of the United States Washington, D.C. 20S30 Dear Mr. Attorney General: The Comittee is currently working on legislation to authorize appropriations for the Department of Justice for FV 1992. I anticipate that we Mill be holding hearings to consider this legislation during the nonth of May. As has been the tradition, I hope that we will be able to arrange for your testinony before the Full Coranittee at that tine to discuss the Oepartnent's FY 1992 budget request. In preparation for these hearings, a nunber of questions have been developed to explore various policy and operational natters. These questions, which are attached, represent the input of the six Judiciary subconnittee chairmen and cover a wide range of activities, which are broken down into two categories. The first set of 16 questions is directed to you, and it would be nost helpful if you would personally respond to the questions. The second set of questions are nore general in nature and nay be answered by any appropriate agency official. I believe this approach, already used by iqr Subconnittee in preparation for oversight of the Antitrust Division, will better prepare Committee members for the hearing and give you a chance to express the Department's views on various issues prior to your testimony. To keep to the indicated timetable for hearings, I request that you and the appropriate officials respond to the questions no later than Nay 13, 1991. With best wishes, I am Enclosures (1) Questions for Attorney General Thornburgh 1. During the March 21, 1991, hearing before the Government In- formation, Justice and Agriculture Subcommittee of the Committee on Grovernment Operations, the General Accounting Office conclud- ed in its testimony that "one simply cannot trust that sensitive data will be safely secured at the Department of Justice." How does the Department respond to this assessment? What action has the Department taken to resolve this problem? When will the Department be in full compliance with the Computer Security Act of 1987? 2. In August 1990, Special Counsel James G. Richmond reported- ly stated that about 90 percent of the 100 priority failed savings and loans should result in criminal prosecutions. To date, which of those savings and loan cases have resulted in indictments? Do you expect to file in 90 percent of the cases? What is the projected time frame for the filing of these cases? 3. It has come to this Committee's attention that the Department of Justice has not provided the GAO with certain information which is critical to effective oversight of your efforts to address fi- nancial institution fraud. Much, if not most, of the work in this area is being conducted at the request of congressional committees. Department officials have contended to GAO representatives that GAO's access to records is basically no different than that of the "general public." Do you agree with this statement, and please ex- plain the basis for your answer. 4. Generally, the Department and its component agencies have become more aggressive in denying the General Accounting Office access to a broad range of Department records and personnel. It has also questioned GAO's right to conduct a review of the extent of narcotics trafficking and money laundering in Panama, assert- ing that GAO has no authority to review activities that are not "statutorily created." Does the Justice Department plan to continue its insistence on extremely narrow and questionable interpretations of the authority of the GAO to perform its work and in so doing to serve the Congress? 5. Recently, the CIA has refused to cooperate with investigations and studies conducted by GAO at the request of the Judiciary Com- mittee. The CIA has asserted that legally it is only accountable to the House and Senate Intelligence Committees. An official of the CIA recently wrote GAO and stated that CIA information "is discussed exclusively with the Intelligence Committees of the House and Senate in keeping with the de- termination of the Congress to vest by statute responsibility for intelligence oversight in these two committee(s)." Has the Department issued any legal opinions or provided the CIA with advice concerning this issue? If so, please provide the Committee with these opinions and all related documenta- tion on the matter.
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