Prepared Opening Statement of Senator Chuck Grassley
Ranking Member, Senate Committee on the Judiciary
Executive Business Meeting
Thursday, February 16, 2012
 
Mr. Chairman,
 
We  have a request to hold over the Hurwitz nomination.  We can voice vote  out the remaining nominees - Baker, Lee, Tharp and Russell.
 
Before  we vote on the nominations, I'd like to say a few words about the  release of the President's fiscal 2013 budget that was released earlier  this week.  Specifically, I want to talk about  the Department of Justice budget which this committee has a distinct  interest in reviewing.
 
The  Justice Department budget, like the rest of the President's fiscal 2013  budget, is loaded full of budgetary gimmicks and sleight of hand.
 
While  the budget claims to be nearly $1.8 billion below the fiscal 2012  appropriations, many of the savings achieved in this budget are one-time  recessions from existing balances that remain  in Justice Department accounts.  These one-time recessions are more  than just deceiving, they are actually harmful to the long-term  viability of the federal government's budget.
 
For  example, those who attended yesterday's hearing heard from the  Government Accountability Office (GAO) about how the Justice Department  has been carrying over a balance in the Bulletproof  Vest Partnership program dating back as far as fiscal 1999.  According  to GAO, those funds include $27 million sitting in an account that could  be deobligated and used to offset future appropriations.  This is the  same tactic being used by the department throughout  the rest of its budget.
 
Now,  using unspent or unallocated funds is a good thing?and the department  shouldn't be carrying over significant balances?otherwise, we'll need to  cut down future appropriations.  However,  this becomes a problem when these one-time recessions are used to  offset base-line spending increases?as the department's fiscal 2013  budget does.
 
These  one-time recessions are used to mask spending increases for a variety  of Justice Department accounts.  For instance, the Marshals Service has a  net increase of $29 million, but it only  appears to be a $12 million increase to the baseline when offset with  $17 million in one-time recessions from construction and salary funds.   The FBI appears to be reduced by $48 million, but in reality the FBI  sees a net budget increase of $114 million, offset  by a one-time recession of $162 million.
 
Same  story with the Drug Enforcement Administration budget where they show a  net increase of only $10 million, when in fact the baseline increase is  $25 million offset by $15 million in recessions.   The list goes on and on throughout the rest of the budget.
 
Perhaps  the most concerning part of the department's budget is the fact that  many of the spending increases will be paid for out of the Crime Victims  Fund.  This fund was created in 1984 by  the Victims of Crime Act.  It is financed by fines and penalties paid  by convicted federal offenders, not from tax dollars.  The funds in the  account are to be used for victim's services and assistance.
 
For  years, the fund has had an administrative cap placed on it by the  Appropriations Committee.  This arbitrary cap limits the amount of funds  that go to help victims, creating an additional  funding stream for appropriators to pay for programs they want to  fund.
 
The  fiscal 2013 budget does manage to increase this cap from $705 million,  to just over $1 billion.  This should be good news for victims, but it  is not.
 
Instead  of providing this money to victims, the department's budget, in the  department's own words, "proposes to preserve important OVW and OJP  grant programs that directly or indirectly assist  victims of crime by funding them through [Crime Victims Fund]  receipts...rather than with discretionary budget authority."  So, instead  of asking Congress to fund grant programs, the department is asking to  use Crime Victims Fund money to pay for programs that  "indirectly assist victims".
 
This  is a significant change and one that allows the Justice Department to  continue to increase funding for bureaucratic components like the  Criminal Division, Civil Division, Tax Division,  and law enforcement components like the FBI, DEA, and Marshals, while  decreasing net expenditures.
 
What  this does is essentially allow the Justice Department to increase the  size of the bureaucracy, without looking like they're spending more  money.  Instead, the crime victims fund takes  the hit.
 
This  is not a budget that seeks to lead for the future.  It is not a budget  that faces the reality that the federal government is too big already.   It is an election year ploy to say they  are cutting the budget while using gimmicks to pay for it.
 
The  only solace is that Majority Leader Reid has already signaled that he  has no intention of bringing such a dead on arrival budget to the Senate  floor.
 
So,  keeping with the practice that the Senate Majority has followed for  more than 1,000 days, we don't really need to worry about voting for the  gimmicks in the department's budget.  However,  we'll need to keep an eye out so that these gimmicks don't find their  way into an appropriations bill.
 
Thank you.