COMMERCE, JUSTICE, SCIENCE, AND RE- LATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2008 THURSDAY, APRIL 19, 2007 U.S. SENATE, SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. The subcommittee met at 10 a.m., in room SD–192, Dirksen Sen- ate Office Building, Hon. Barbara A. Mikulski (chairman) pre- siding. Present: Senators Mikulski, Lautenberg, Shelby, Stevens, and Domenici. DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES STATEMENT OF MICHAEL J. SULLIVAN, ACTING DIRECTOR STATEMENT OF SENATOR BARBARA A. MIKULSKI Senator MIKULSKI. Good morning. The Subcommittee on Com- merce, Justice, Science, and Related Agencies will come to order. Today we will be taking the testimony of the Bureau of Alcohol, To- bacco, Firearms, and Explosives (ATF), the Drug Enforcement Ad- ministration (DEA) and the United States Marshals Service. We want to extend a warm welcome to our witnesses today and let our witnesses know how important we think their job and their mission is to this country. When we planned this hearing a few months ago, it was to exam- ine the budget of these very dedicated law enforcement agencies and to discuss how the Commerce, Justice, Science Subcommittee could work with them to make sure they had the tools they needed to protect our national security and keep our communities safe. Yet, this week, a very grim and very melancholy event occurred on the campus of one of our universities. On Monday we watched in shock and horror as Virginia Tech came under fire with over 32 dead and many more injured. The terrible tragedy highlights how important it is for our Federal law enforcement agencies to be able to work together with our local law enforcement at a time of great tragedy. What we know is that ATF was immediately on the scene send- ing 12 ATF experts to Virginia to secure the crime scene, and make sure that the integrity of the evidence at the crime scene was not compromised. In fact, Maryland is home to a very unique ATF fo- (1) 2 rensic lab. I know the subcommittee will be interested to hear about this facility because it is where ATF identified the ballistics evidence to determine if there was a single killer or multiple kill- ers. But at the same time we know that DEA and the Marshals Service also answered the call. In the briefing that you’ve provided me before this hearing it was clear there was an outstanding effort by Federal agencies in sup- porting and augmenting the local community so they knew they were not alone. While they were making the best of a terrible situ- ation, you were doing your best, which was making sure needs were met. We will be asking you today questions along these lines. We also want to then focus on each of your very unique missions. We know that the DEA is an integral part of fighting the global war against terrorism. Terrorism, whether it’s been growing pop- pies in Afghanistan to fund the Taliban or to what is happening in our own community with the cyber distribution of highly addict- ive substances or to working with State and local law enforcement to shut down and clean up toxic meth labs. We want to know more about what you’re doing and what we can do to help you do it. Also for our Marshals Service, the Marshals Service plays a unique role. Right this minute on the Senate floor we’re debating court security. We ask the Marshals Service to provide court pro- tection to both witnesses and to our judges. We also ask them to guard fugitives. We also ask them to provide unique and special protection in high profile trials where there is a drug kingpin or a terrorist. At the same time we want them to enforce the Adam Walsh Act and make sure they apprehend the sexual predators who refuse to register while making sure you catch them before they commit another repugnant act. So we want to listen to all of you today. Our ATF, whose unique job is to enforce laws related to alcohol, tobacco, and firearms. This is not the old days of breaking up stills. There is nothing still about ATF in terms of its modern mission. They’re on the scene inves- tigating arsons, illegal trafficking of guns both internationally and nationally while providing unique forensic capability that often local communities cannot afford particularly those in rural Amer- ica. Threats have changed since your agencies were created. Tech- nology is in demand and at the same time the very people that work in these agencies need to have even better and unique train- ing. So the job today is to listen to what you are doing and to tell us what resources you need to be able to do it better, to make sure that we’re protecting our national security and our community se- curity. With that I would like to then yield to my ranking member, Sen- ator Shelby. STATEMENT OF SENATOR RICHARD C. SHELBY Senator SHELBY. Thank you, Chairman Mikulski. I want to thank all of the participants for joining us to discuss the 2008 budget for the Bureau of Alcohol, Tobacco, Firearms and Explo- sives, the Drug Enforcement Administration, and U.S. Marshals Service. 3 The total Department of Justice request for 2008 is a little over $20 billion. This is a $771 million decrease below the 2007 joint resolution funding level. The Department faces a $500 million shortfall in the 2008 budget. Just as I said last year, the budget constraints placed upon us by the war on terror and the recent hurricane seasons will once again force us to make tough decisions. I would be remiss though if I didn’t, as Senator Mikulski has al- ready done, mention the tragedy that took place on the Virginia Tech campus Monday morning. My heartfelt thoughts go out to ev- eryone that was affected by this horrible event. The ATF has been one of the lead investigative agencies in this horrible disaster and it has done an outstanding job. ATF agents quickly identified ballistic evidence linking a weapon used in the first shooting to the second shooting. Acting Director Sullivan, I commend your personnel in the labs and on the ground for their quick and professional response. This somber day will be one mourned and remembered by all of us for years and years to come. I also once again want to commend the ATF for its contributions to the quick capture and conviction of the Alabama church fire ar- sonist that was sentenced to prison last week, remember that hor- rible situation there, where they were burning churches. The ATF’s 2008 request is a little over $1 billion. The request is $29.8 million over the 2007 joint resolution total and you’ll need it. The ATF as we all know is the premier agency for gun crimes, gang activity, arson, and explosive related crimes. I’m committed, as the chairman is, to ensure that you have the tools and training facilities to fulfill your explosives mission. The National Center for Explosives Research will be a world- class addition to the Redstone Arsenal in Huntsville, Alabama, which is already home of the Federal Bureau of Investigation’s (FBI) hazardous devices school. I’m working collaboratively here to expand the Federal Govern- ment’s explosive infrastructure and expertise there. This will assist in our number one priority of terrorism prevention and ensuring a safe homeland. Redstone Arsenal should and will be the law enforcement capital of explosives research and training. We have the personnel. You have them there. Director Sullivan, I would like to offer you congratulations again on your nomination to be the permanent Director of ATF. We be- lieve you will sail through. We all want to help you. You bring a lot of experience as a former U.S. attorney in Massachusetts and I believe that you will serve the ATF and the Nation well in this regard. Administrator Tandy, thank you for coming today. The Drug En- forcement Administration’s budget request for 2008 is $1.8 billion, a little over a $57 million increase over the 2007 joint resolution total. The role of the DEA has shifted from being solely focused on nar- cotics to include an intelligence mission and a position on the front line on the war on terror. As former chairman on the Select Com- mittee on Intelligence, I know all too well the link between global drug trafficking and terrorism. 4 I understand the detrimental impact that a hiring freeze has on your ability to carry out your mission. Senator Mikulski and I will be working with you on the 2008 process to see that you, the DEA, have the manpower that you need to carry out your mission. I think it’s critical. By the same token, while we’re addressing the budget shortfalls and hiring freeze, I received this disturbing letter from the Depart- ment of Justice on March 6, stating that the cost of the clandestine laboratory training facility has doubled from $8 million to $16 mil- lion. This letter combined with the disastrous cost escalations, poor estimations, and project management of the DEA’s information technology center that jumped from $7.1 million to $38 million show a disturbing and, I think, unacceptable trend that we’ll have to put our hands on in this subcommittee. I will reserve any further judgment because we don’t know all the facts until we hear from the recommendations of the inspector general and the Government Accountability Office (GAO).