COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR 2009 HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES ALAN B. MOLLOHAN, West Virginia, Chairman PATRICK J. KENNEDY, Rhode Island RODNEY P. FRELINGHUYSEN, New Jersey CHAKA FATTAH, Pennsylvania JOHN ABNEY CULBERSON, Texas C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland HAROLD ROGERS, Kentucky ADAM SCHIFF, California TOM LATHAM, Iowa MICHAEL HONDA, California ROBERT B. ADERHOLT, Alabama ROSA L. DELAURO, Connecticut DAVID E. PRICE, North Carolina NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. JOHN BLAZEY, MARJORIE DUSKE, ADRIENNE SIMONSON, TRACEY LATURNER, and DIANA SIMPSON Subcommittee Staff PART 5 Page Department of Justice ............................................................ 1 Federal Bureau of Investigation .......................................... 71 Drug Enforcement Administration ..................................... 115 Bureau of Alcohol, Tobacco and Firearms ........................ 159 Office of Justice Programs, Community Oriented Policing Services, Office of Violence Against Women. 203 Bureau of Prisons; U.S. Marshals Service; Office of the Federal Detention Trustee ................................................ 277 ( Printed for the use of the Committee on Appropriations U.S. GOVERNMENT PRINTING OFFICE 42–792 WASHINGTON : 2008 VerDate Aug 31 2005 01:41 Jul 09, 2008 Jkt 042792 PO 00000 Frm 00003 Fmt 7513 Sfmt 7513 E:\HR\OC\42792P1.XXX 42792P1 smartinez on PROD1PC64 with HEARING COMMITTEE ON APPROPRIATIONS DAVID R. OBEY, Wisconsin, Chairman JOHN P. MURTHA, Pennsylvania JERRY LEWIS, California NORMAN D. DICKS, Washington C. W. BILL YOUNG, Florida ALAN B. MOLLOHAN, West Virginia RALPH REGULA, Ohio MARCY KAPTUR, Ohio HAROLD ROGERS, Kentucky PETER J. VISCLOSKY, Indiana FRANK R. WOLF, Virginia NITA M. LOWEY, New York JAMES T. WALSH, New York JOSE´ E. SERRANO, New York DAVID L. HOBSON, Ohio ROSA L. DELAURO, Connecticut JOE KNOLLENBERG, Michigan JAMES P. MORAN, Virginia JACK KINGSTON, Georgia JOHN W. OLVER, Massachusetts RODNEY P. FRELINGHUYSEN, New Jersey ED PASTOR, Arizona TODD TIAHRT, Kansas DAVID E. PRICE, North Carolina ZACH WAMP, Tennessee CHET EDWARDS, Texas TOM LATHAM, Iowa ROBERT E. ‘‘BUD’’ CRAMER, JR., Alabama ROBERT B. ADERHOLT, Alabama PATRICK J. KENNEDY, Rhode Island JO ANN EMERSON, Missouri MAURICE D. HINCHEY, New York KAY GRANGER, Texas LUCILLE ROYBAL-ALLARD, California JOHN E. PETERSON, Pennsylvania SAM FARR, California VIRGIL H. GOODE, JR., Virginia JESSE L. JACKSON, JR., Illinois RAY LAHOOD, Illinois CAROLYN C. KILPATRICK, Michigan DAVE WELDON, Florida ALLEN BOYD, Florida MICHAEL K. SIMPSON, Idaho CHAKA FATTAH, Pennsylvania JOHN ABNEY CULBERSON, Texas STEVEN R. ROTHMAN, New Jersey MARK STEVEN KIRK, Illinois SANFORD D. BISHOP, JR., Georgia ANDER CRENSHAW, Florida MARION BERRY, Arkansas DENNIS R. REHBERG, Montana BARBARA LEE, California JOHN R. CARTER, Texas TOM UDALL, New Mexico RODNEY ALEXANDER, Louisiana ADAM SCHIFF, California KEN CALVERT, California MICHAEL HONDA, California JO BONNER, Alabama BETTY MCCOLLUM, Minnesota STEVE ISRAEL, New York TIM RYAN, Ohio C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland BEN CHANDLER, Kentucky DEBBIE WASSERMAN SCHULTZ, Florida CIRO RODRIGUEZ, Texas ROB NABORS, Clerk and Staff Director (II) VerDate Aug 31 2005 01:41 Jul 09, 2008 Jkt 042792 PO 00000 Frm 00004 Fmt 7513 Sfmt 7513 E:\HR\OC\42792P1.XXX 42792P1 smartinez on PROD1PC64 with HEARING COMMERCE, JUSTICE, SCIENCE, AND RE- LATED AGENCIES APPROPRIATIONS FOR 2009 THURSDAY, APRIL 3, 2008. DEPARTMENT OF JUSTICE WITNESS MICHAEL B. MUKASEY, U.S. ATTORNEY GENERAL CONGRESSMAN OBEY OPENING REMARKS Mr. OBEY [presiding]. Well, good morning, everybody. Good morning, Mr. Attorney General. Mr. MUKASEY. Good morning. Mr. OBEY. Good to see you again. Mr. MUKASEY. Good to see you. OPENING STATEMENT OF MR. OBEY Mr. OBEY. I would like to welcome everyone to this morning’s hearing on the Department of Justice. Our witness today will be Attorney General Michael B. Mukasey. Sir, when you became Attorney General, you inherited a Depart- ment rife with problems. The most troubling of those has been the infiltration of partisan politics in the Department’s legal counsel, management decisions and operations. You are well aware, I think, of congressional concern about the partisan arm twisting that led to the authorization of the Adminis- tration’s warrantless wire tapping program, as well as the parsing of words that has been used to justify the CIA’s use of torture in its interrogation program. Last year, there were also severe concerns about White House in- volvement in the firing and hiring of U.S. Attorneys. With the Presidential election coming this year, many Americans are con- cerned about the Civil Rights Division’s capacity and willingness to investigate and enforce the ‘‘ Voting Rights Act’’ in cases of voter suppression. Unfortunately, politicization is only the tip of the iceberg in terms of management challenges at the Department of Justice. We have seen a steady stream of incidents across the Department in which senior leadership has abdicated its oversight and manage- ment responsibilities. I want to make clear I am not talking about you. I am talking about things that happened largely before you came on board. Over a period of several years, as you know, FBI agents have gained unauthorized access into the phone, banking, and credit (1) VerDate Aug 31 2005 01:25 Jul 09, 2008 Jkt 042792 PO 00000 Frm 00001 Fmt 6633 Sfmt 6633 E:\HR\OC\A792P2.XXX A792P2 wwoods2 on PRODPC60 with HEARING 2 records of American citizens, all without detection or redress by senior managers at either the FBI or the Department of Justice. The Bureau of Prisons faces a critical operating shortfall this year, and allegations have been raised that the Department has handed out juvenile justice grants to cronies rather than to deserv- ing applicants identified through fair, merit-based competitive proc- esses. We get a lot of lectures, frankly, from the White House about congressional earmarking practices. It seems to us that under a va- riety of disguises, the same practices are being practiced in spades in many of the agencies down on the executive end of Pennsylvania Avenue. The Administration again proposes to slash funding for state and local law enforcement and crime prevention grants despite clear in- dications that crime rises during economic downturns. The White House proposes even deeper cuts to state and local law enforcement than last year, to the tune of $1.6 billion below the current year funding level. I do not know of a single sheriff in the United States who agrees with that recommendation. With respect to federal law enforcement initiatives, the funding you have requested for ‘‘ Adam Walsh Act’’ sex offender apprehen- sion and immigration enforcement appears to represent only a passing thought. In addition, nearly every element of your Depart- ment is severely undercut by a lack of resources to deploy an inter- operable wireless communications network around the country, a critical shortfall identified in the aftermath of the 9/11 tragedy and still not deployed today. Continued growth in the FBI and the federal prison system is starving other critical functions at your Department in my judg- ment, activities such as criminal enforcement, litigation, adminis- trative support and infrastructure deployment. This trend, in my view, must be addressed sooner rather than later if there is to be any significant hope of a Department of Jus- tice comprised of more than the FBI and the Bureau of Prisons in the very near future. So we look forward to hearing your views on these and on any other issues that either you or members of the Committee choose to bring up. Again, we appreciate your appearance here today. Before we begin with your statement, I would like to ask the Subcommittee’s Ranking Member, Mr. Frelinghuysen, for any com- ments he might have. OPENING STATEMENT OF MR. FRELINGHUYSEN Mr. FRELINGHUYSEN. Thank you, Mr. Chairman. Mr. Attorney General, I join Chairman Obey in welcoming you this morning for your first appearance before our Committee to dis- cuss your 2009 budget. First, I want to recognize and extend my sincere appreciation to the men and women of the Justice Department who ably carry out their responsibilities to protect our country from terrorism and crime each and every day. We owe them a debt of gratitude. I would also like to recognize your public service career, not only as an attorney within the Justice Department, but your service on the Federal bench. VerDate Aug 31 2005 01:25 Jul 09, 2008 Jkt 042792 PO 00000 Frm 00002 Fmt 6633 Sfmt 6633 E:\HR\OC\A792P2.XXX A792P2 wwoods2 on PRODPC60 with HEARING 3 As the Chairman has said, for 2009, you are seeking discre- tionary appropriations totaling $22.85 billion for the Department, a reduction of 514 million or 2.2 percent from the fiscal year 2000 level. While the request includes large and critically needed enhance- ments in national security and counter-terrorism money for those programs especially at the FBI and increased investments for criminal justice programs on our Southwest border, the budget also contains very deep and damaging cuts to assistance programs to state and local law enforcement, indeed our partners and your partners in some very important efforts. In addition, the Committee will act soon on the Administration’s pending supplemental request, so I will have some questions about the Department’s pending supplemental request of $146.7 million for Iraq, Afghanistan, the Global War on Terror. As you are aware, that request was formulated, I think, about 18 months ago and I am sure there are some updates you can provide us so we are operating on the latest and most current information. Again, like the Chairman, I welcome you here for your testimony this morning. Thank you. Mr. OBEY. Mr. Attorney General, why don’t you proceed.