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INCREASE REQUESTED FOR 1962
Mr. ROONEY. They indicate that the request is in the amount $484,200, a requested increase of $2,700. Apparently this is all for within-grade promotions and retirement fund contributions. Is that
Mr. KATZENBACH. That is correct, sir.
Mr. ROONEY. Apparently the business of this office has fallen off, has it not?
Mr. KATZENBACH. It fell off a little bit in the last year, sir. On the basis of the very short experience that I have had, one can make a prediction it will not fall off in the future.
Mr. ROONEY. Why do you say that?
Mr. KATZENBACH. Because we have been working very hard, sir, since I came into this office. I have had most of my office in every Saturday, every Sunday, and on Washington's Birthday.
Mr. ROONEY. What does that indicate?
Mr. KATZENBACH. It indicates quite a bit of work, sir, with the start of a new administration, with many ideas, many things to be done, particularly at this moment, new problems, old problems to be reconsidered. We have been extremely active in the office to date. I think it is probably normal when a new administration takes over. Mr. ROONEY. I enjoy reading the last sentence of these justifications.
The 1962 budget request merely provides for continuing the office at its present level.
Mr. MARSHALL. No questions.
Mr. Bow. I would like to ask Mr. Andretta, what are the new problems that this office has. You suggested there would be new problems. What are they?
Mr. ANDRETTA. We always get new problems.
Mr. Bow. I know, but what are they? Name a few of them. I think all I have heard is just the same old ones being hashed over again.
Mr. ANDRETTA. I say "new problems." There are new people. Mr. Bow. New people, that is right. The problem is new people. It is not particularly new ideas.
Mr. ANDRETTA. There are some of those, too.
Mr. Bow. What are they?
Mr. ANDRETTA. I do not know.
Mr. Bow. All right, that is all.
Mr. ROONEY. Would Executive orders enter into this?
Mr. ANDRETTA. Oh, yes.
Mr. KATZENBACH. There was a new one today which I think represents a new idea, Mr. Chairman.
Mr. Bow. If all these messages which have been coming up are new ideas, there are a lot of them. We have received seven or eight of those. That is all.
Mr. ROONEY. We have always had a lot of them, Mr. Bow. We had a lot of them in 1958. They expect to have less in 1961 and 1962 than they had in 1958.
Mr. Bow. That is fine. I am glad to hear that. Maybe we can cut the budget a little bit better than we have been.
Mr. ROONEY. I wish we could, but I am so overjoyed in the fact we do not have to appropriate any more money for this office, I just want to keep this nice feeling. Thank you, Mr. Katzenbach.
WEDNESDAY, MARCH 1, 1961.
J. W. YEAGLEY, ASSISTANT ATTORNEY GENERAL
BENNETT WILLIS, ADMINISTRATIVE ASSISTANT
Mr. ROONEY. The next item is that for the Internal Security Division which is No. 7 under "Salaries and expenses, general legal activities."
The details with regard thereto are to be found under tab 18 of the justifications.
We shall insert at this point in the record pages 18-1 through 18–7 of the justifications.
(The pages follow:)
The Internal Security Division, headed by an Assistant Attorney General, is responsible for the enforcement of administration of all laws relating to the internal security of the Nation. In carrying out this responsibility, it supervises and assists U.S. attorneys in the enforcement of those statutes which relate to subversive activities. Included are the laws relating to treason, espionage, sabotage, neutrality, sedition, employee security, atomic energy, port security, and the registration of foreign agents and the registration of Communist organizations and individuals pursuant to the Internal Security Act of 1950. The Division normally provides the trial staff for such cases. Thousands of reports of investigation are furnished to the Division each year relating to subversive activities. All such reports are studied for intelligence purposes and to determine whether prosecution can be undertaken.
The Assistant Attorney General in charge of the Division acts as the Attorney General's observer on the Planning Board of the National Security Council. He directs all departmental liaison activities in the field of internal security, and all departmental civil defense and defense mobilization planning, including such subjects as emergency detention of subversives, alien enemy control, and emergency relocation for the seat of government and throughout the field. He is the chairman of the Personnel Security Advisory Committee which assists department and agency heads in the operation and coordination of their personnel security programs.
The Division is responsible also for all civil cases relating to internal security matters, enforcement of the Internal Security Act of 1950, as amended, the Communist Control Act of 1954, the Foreign Agents Registration Act of 1938, as amended, and Public Law 893, 84th Congress requiring the registration of persons trained or assigned in the espionage service of a foreign country. Additional responsibilities include the preparation of briefs and the conduct of arguments in the circuit courts of appeal and, on assignment from the Solicitor General, in the Supreme Court. The Division is also responsible for the operation of the Department Security Office.
The amount estimated for this Division in 1962 is $1,193,000 or $12,100 more than the sum needed in 1961 including the cost of recent pay-increase legislation. The increase is required to meet the cost of statutory provisions relating to salaries and employee benefits, as follows:
The Division consists of Criminal, Civil, Registration, Appeals and Research, and Administrative Sections, and the Department Security Office. For administrative convenience within the Division, work relating to mobilization planning, advisory functions assigned to the Attorney General under Executive Order 10450, and liaison with other departments and agencies in security matters, has been grouped under the heading of policy planning and liaison.
The Internal Security Division is responsible for the evaluation and analysis of the reports of the Federal Bureau of Investigation and other investigative agencies relating to the internal security of the country. The intelligence contained in these reports must be carefully considered to determine what action, if any, should be taken on the basis thereof, such as instituting prosecutions or quasi-judicial hearings, requesting further investigation, recommending changes in statutes, executive orders, administrative rules and regulations, or policies regarding the application thereof, and evaluating the information as the basis for future action in the event of an emergency. At the time the reports on new subject matters are received in the Division and in the sections, it is not possible to know which of them will result in litigation and thus become "cases." Consequently, they are grouped herein under the heading of "new matters." During fiscal year 1960, 8,066 new matters were received in the Division, exclusive of personnel matters within the purview of the Department Security Office and exclusive of policy planning and liaison matters. The sections which received the 8,066 new matters received 105,219 reports, memoranda and documents from the FBI and other sources as compared to 105,489 in fiscal 1959 and 110,965 during fiscal 1958. Based on this experience, it is estimated that these items will continue to be received at approximately the same rate during fiscal years 1961 and 1962. In the evaluation of such reports for intelligence and prosecutive purposes, it is frequently necessary for the attorneys to refer to numerous and lengthy reports received on the same or similar subjects during previous years.
The following is a breakdown of new matters which were actually received during fiscal years 1958, 1959 and 1960, and of estimated new matters for fiscal years 1961 and 1962. The work of the appeals and research section is not included, since it rarely handles new matters. Neither pretrial opinions nor the work of the Interdepartmental Committee on Internal Security is included.
Mr. ROONEY. These pages indicate that the request is in the amount of $1,193,000 which would be an increase of $12,100 over the amount appropriated to date in the current fiscal year.
It would appear from page 18-4 that the $12,100 increase requested is due entirely to within-grade promotions and retirement fund contributions required by statute; is that correct?
Mr. YEAGLEY. Yes. As a matter of fact, it is actually a little less but that is a good statement as far as we are concerned.
Mr. ROONEY. Mr. Yeagley, could you explain to us what have been your successes in the Internal Security Division in the past year? Mr. YEAGLEY. The successes?
Mr. ROONEY. Yes.
NUMBER OF POSITIONS
How many people do you have?
Mr. YEAGLEY. We have 126 positions in the Division during the past year which is the same number of positions we are asking for this time. Sixty-nine of them are lawyers and the balance administrative or clerical.
The chart you referred to, 18-7 in the justifications, I believe
Mr. ROONEY. No; I did not refer to the chart on page 18-7. I included it for printing in the record and I am just now getting a chance to look at it.
Mr. YEAGLEY. I believe that sets forth
Mr. ROONEY. It would appear from that that the only increase you have is about 25 more people that are registered under the Foreign Agents Registration Act.
Mr. YEAGLEY. On the subject of new matters which this chart purports to deal with, we believe it shows a rather constant level of
matters from 1958 to date, with 1960 showing a total of over 8,000, which is slightly higher than the previous years. On the matter of actual material received in the Division over the past fiscal year there is the narrative part to explain that. We had 105,000-some memoranda and reports in each of the last 2 years. Those have fallen off in some areas and increased in others. We are not asking for an increase in our appropriation. As we have indicated, there is no increase of any substance indicated in the past year's operations.
TRANSFER OF ATTORNEYS
Mr. ROONEY. What I have in mind is, we wonder why we cannot transfer a number of these lawyers and people in your Division to the Criminal Division.
Mr. YEAGLEY. That would require, if it were done in any numbers, the elimination of that work or a good part of it. If I understand that question properly, Mr. Chairman, these lawyers are all busy and have been busy. As a matter of fact, I have turned down requests from two or three section chiefs for additional help in the past year.
CRIMINAL COURT CASES
Mr. ROONEY. How many cases did you have in court in the past year?
Mr. YEAGLEY. The cases in court were not the bulk of the work. I have that here, however.
Mr. ROONEY. Where do we find that?
Mr. YEAGLEY. I do not believe it is specifically spelled out in the justifications you have, but I have a listing of cases that we brought with us. This is on the first page which shows criminal trials and shows that there were six. Then we go into civil cases and cases on appeal. I think that is probably typical of the last 2 or 3 years, but is not the real bulk of the work of the Division
Mr. ROONEY. You have not spent much time in court?
REVIEW OF FBI REPORTS
Mr. YEAGLEY. The real work is handling the review of the FBI reports that come in by the thousands, actually.
Mr. ROONEY. You could not have spent too much time in court with 69 lawyers down there, could you?
Mr. YEAGLEY. No; we have not spent many days in court. I think this list reflects that pretty well. As a matter of fact, we only have a few trial lawyers of the 69 who are active in court because of the nature of the work.
NUMBER OF CLERKS
Mr. ROONEY. How many clerks do you have on this staff with 69 lawyers?
Mr. ANDRETTA. Twenty-six.
Mr. ROONEY. No; it is more than that.
Mr. WILLIS. Fifty-seven positions.