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GENERAL STATEMENT

This appropriation covers the cost of overall executive direction and administration of the Department of Justice. It also provides funds to support the activities of the Office of the Pardon Attorney, the Board of Immigration Appeals, and the Board of Parole. The following activities are financed from this appropriation item : Executive direction :

Office of Attorney General

Office of Deputy Attorney General
Administrative reviews and appeals:

Office of Pardon Attorney
Board of Parole

Board of Immigration Appeals
Administrative services:

Administrative Division

Library The amount requested for 1962 provides a small increase in the average number of employees to permit filling some vacant positions which currently cannot be utilized due to insufficient funds, and an increase of four in the authorized staff of the Board of Parole because of added duties imposed upon it by the Federal Indeterminate Sentencing Act for which no funds have ever been authorized. Four additional field examiners are requested to conduct more timely examinations of judicial offices.

In July of 1960 the Office of Alien Property was transferred into the Office of the Attorney General. However, it will continue to be financed from the Alien Property Fund, World War II.

LANGUAGE CHANGES

Inclusion of provision to authorize use of $690,000 of Alien Property Fund, World War II, for general administrative expenses of Alien Property activities.

INCREASE REQUESTED FOR 1962 Mr. ROONEY. This request is in the amount $4,240,000 plus $690,000 expected to be transferred from the alien property fund. This would be an increase of $435,000 over the amount appropriated to date in the current fiscal year.

What is the reason for that amazing requested increase, Mr. Andretta?

Mr. ANDRETTA. Mr. Chairman, the actual increase is $204,100.

Mr. ROONEY. That is when one takes into consideration the Pay Act?

Mr. ANDRETTA. Yes, the Pay Act increases.

Mr. ROONEY. The amount you are asking, instead of being $4,240,000, is actually $4,930,000, of which $690,000 is to be transferred from the alien property fund !

Mr. ANDRETTA. That is right, sir.
Mr. Rooney. The question is still good.

Mr. ANDRETTA. Would you like me to talk about the language change on the alien property or shall I go into the amounts of money?

Mr. ROONEY. I think you had better go into the amounts first.

Mr. A NDRETTA. The increase of $204,100 is as follows: $2,500 for the Attorney General's Office, $21,300 for the Deputy Attorney General, $2,200 for the Pardon Attorney, $32,800 for the Board of Parole, $7,200 for the Board of Immigration Appeals, $12,400 for the Library, $120,300 for the Administrative Division.

Mr. ROONEY. These increases are set forth, gentlemen, at page 4 of the budget summary, which has the blue cover. Proceed.

OFFICE OF THE ATTORNEY GENERAL

Mr. ANDRETTA. Starting with the Attorney General's Office, the increase of $2,500 for the Attorney General's Office consists of $1,300 for within-grade promotions, which is offset by 1 less workday. In other words, $700 for statutory increases, $500 increase in equipment, and $1,300 for other miscellaneous expenses to bring his other miscellaneous expenses up to what has been paid in the past for this Office, making $2,500.

There is no change in the budget estimate to speak of. But I must say that, of course, this being the Attorney General's immediate office, he will undoubtedly-in fact, he already has made some changes and he will make more changes.

Mr. ROONEY. The details with regard to the Office of the Attorney General are to be found under tab 3 of the justifications. We shall at this point insert in the record pages 3–1 through 3-4 of these justifications.

(The pages referred to follow :)

Office of the Attorney General Appropriation, 1961.

$206, 500 Estimate for 1962_

209,000 Increase

2,500 The Attorney General, as head of the Department of Justice and chief law officer of the Federal Government, represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government in the U.S. Supreme Court in cases of exceptional gravity or importance. The Executive Assistant to the Attorney General and the Director of Public Information are attached to the Office of the Attorney General and report directly to the Attorney General. The Office of Alien Property also is attached to this Office although its administrative costs are financed from a trust fund derived from vested assets.

AMOUNT REQUESTED

It is estimated that this office will need $209,000 to continue the staff and facilities essential for efficient operations in 1962. This represents a net increase of $2,500 over 1961 requirements, the details of which are as follows: Cost of statutory changes : Within-grade promotions (Ramspeck Act).

$1, 300 Savings due to 1 less workday in 1962_

-600

Total ---
Supplies and materials..
Equipment-----

700 1, 300

500

Total increase_

2,500

GENERAL STATEMENT

The Attorney General through this office, exercises executive supervision and direction of the Department of Justice, including the Offices of U.S. attorneys and marshals located in the 91 judicial districts of the United States. In addition to the Attorney General and his immediate secretarial staff, the office includes the Executive Assistant, the Director of Public Information, the Director, Office of Alien Property, and secretarial and messenger staffs. Furthermore, certain special functions are performed for the Attorney General by committees and an observer consisting of representatives of offices and bureaus of the Department as follows:

Committee on Incentive Awards.
Fiscal Review Committee.
Observer on the Planning Board of the National Security Council.

The small increase requested for 1962 is needed to cover the cost of statutory changes affecting the compensation of personnel and a modest enlargement of the fund for supplies and materials, and equipment to meet current needs.

It is believed that the appropriation currently available for other objects of expense will be adequate if continued in the same amounts for 1962. No enlargement of the present staff is proposed.

Mr. ROONEY. As indicated by Assistant Attorney General Andretta, this request is in the amount of $209,000, which would be an increase of $2,500 over the 1961 appropriation. Are there any questions with regard to the Office of the Attorney General ?

OFFICE OF THE DEPUTY ATTORNEY GENERAL

If there are no questions, the next of the items under "Salaries and expenses, general administration," is that for the Office of the Deputy Attorney General. The details with regard thereto begin at page 4-1 of the justifications. We shall insert pages 4-1 through 4-5 thereof at this point in the record.

(The pages referred to follow :)

OFFICE OF DEPUTY ATTORNEY GENERAL

Appropriation, 1961..
Estimate for 1962_--

$530, 700 552, 000

Increase

21, 300 The Deputy Attorney General, under the Attorney General, assists in the overall supervision and direction of the Department, including coordination of the activities of the departmental divisions and other units. In the absence or disability of the Attorney General, he becomes Acting Attorney General,

The Deputy Attorney General is chief liaison officer of the Department with the Congress and other governmental departments and agencies. He assists the Attorney General in the formulation of departmental policies and programs, and in the development of ways and means of enforcing them; prepares, for the consideration of the Attorney General, recommendations for Presidential appointments to judicial positions and positions with the Department; and administers the Attorney General's recruitment program for honor law graduates.

Legislative proposals which originate in the Department of Justice are drafted in the Office of the Deputy Attorney General. This Office also prepares reports and recommendations relative to pending legislation originating elsewhere in the Government upon requests of congressional committees and other agencies, and prepares recommendations concerning the approval of enrolled bills.

AMOUNT REQUESTED

It is estimated that this Office will require an appropriation of $522,000 for the fiscal year 1962. This is $21,300 more than the sum available in 1961 including the cost of salary increases under the 1960 Pay Increase Act. The increase is needed to implement statutory provisions relating to employees' compensation and to permit the filling of two authorized positions which currently cannot be utilized for lack of funds.

The additional funds are needed for the following purposes :
Cost of statutory provisions :

Within-grade promotions (Ramspeck Act)-
Savings due to one less compensable day in 1962--

$5, 960 -1, 660

4,300

Net cost for salaries.-
Retirement fund contributions---

300

4, 600 16, 700

Total cost of statutory changes --Maintenance of 1960 actual employment level.--

Funds currently available will only support an average of 52.5 employees whereas actual employment in 1960 averaged 54.3 employees.

Total increase.

21, 300

GENERAL STATEMENT

The upward trend in the workload of this Office in recent years continues. The views of the Department of Justice were requested by congressional committees, the Bureau of the Budget, and miscellaneous sources on 1,673 public bills and 159 private relief bills, or a total of 1,832. This represents a new high in the volume of this type of work.

The drive to reduce the heavy load of pending cases in attorneys' offices, which was begun in fiscal year 1954, continued. A reduction of 29,885 or 38.5 percent in the number of matters and cases pending over the 6-year period ended June 30, 1960, has been achieved. The total of 45,087 pending at the close of fiscal 1960 was the lowest since the program was inaugurated in 1954. The backlog was further reduced in 1960 despite a substantial increase in civil and criminal matters received.

The Executive Office for U.S. Marshals provides executive assistance, direction, and supervision to the individual marshals' offices. Representatives of this office participate in annual regional conferences of U.S. marshals, held at Federal penal institutions, which provide a forum for the exchange of mutual ideas and the resolution of problems common to all districts. The travel inci. dent of such conferences is, whenever possible, combined with prisoner transportation to minimize expenses.

The training program for deputy marshals was curtailed in 1960 because of insufficient funds. A total of seven regular classes and one retraining class were held, with 158 deputies participating. The classes have been resumed, and future training and retraining classes will be held on a regional basis, with approximately half of the eligible deputies participating each year.

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I This total does not include 286 requests disposed of other than by report to a congressional committee or the Bureau of the Budget.

Mr. ROONEY. They indicate that the request is in the amount $552,000, which would be an increase of $21,300. These increases are set forth at page 43 of the justifications. Very well, Mr. Andretta; ; you may proceed.

Mr. ANDRETTA. Mr. Chairman, $4,600 of this increase is due to statutory requirements. In other words, within grade promotions and personnel benefits; $1,200 is due to personnel benefits, $900 due to lapse adjustment to fill present vacancies, and $15,800 is to bring the staff up to full strength.

EMPLOYMENT LEVEL

Mr. Rooney. I noticed you picked out 1960 actual employment level as $16,700. Why do you pick 1960? Why not 1940?

Mr. ANDRETTA. That is the basis of the estimate, Mr. Chairman, in carrying forward the 1960 employment. The average staff employed in 1960 was 54.3, and to carry that group forward in 1961 and in 1962 means that we have to have additional funds to support that staff. In other words, to make up for lapses in the appropriation, which is necessary in order to support the present staff. I have no doubt that the new Deputy Attorney General is going to fill his staff right to the hilt with the number of authorized positions and that it is going to take this money to carry him through 1962.

PREPARATION DATE OF JUSTIFICATION MATERIAL

Mr. Rooney. When was the matter set forth at page 44 of these justifications prepared ?

Mr. ANDRETTA. It was prepared last summer or early fall.

Mr. Rooney. With regard to the entire budget before us, for legal activities and general administration, are all the figures contained therein figures that were prepared last fall in the Department of Justice?

Mr. ANDRETTA. Yes, sir.
Mr. Rooney. There has been no change with regard to any of them?
Mr. ANDRETTA. No, sir.
Mr. ROONEY. Are there any questions?

EMPLOYMENT LEVEL IN RECENT YEARS

it for you.

Mr. Bow. What was the employment in this Division, say in 1955 where you say you need 54.3 now?

Mr. ANDRETTA. I do not have it going back that far, but I can get
(The information following was supplied later:)
Average employment in 1957 was 46.
Mr. Bow. You only have the 1960; is that right?
Mr. ANDRETTA. Yes, sir. I have 1959 actual.
Mr. Bow. What was your 1959 actual?

Mr. ANDRETTA. 1959 actual in the Deputy Attorney General's Office was 53.7 average employment with 60 positions authorized.

Mr. Rooney. As compared with what now?
Mr. ANDRETTA. At the present time or projected ?
Mr. Rooney. The projected budget.
Mr. ANDRETTA. As to the projected budget it is 54.5.
Mr. Bow. That is all.
Mr. Rooney. Are there any further questions?

Thank you, gentlemen; we shall meet again at 1:30 when we will take up the Office of the Pardon Attorney.

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