1 New furniture to replace old as certain U.S. attorney offices move into newly completed buildings during fiscal 1962.

REQUESTED INCREASE FOR 1962

Mr. ROONEY. The request for U.S. attorneys is in the amount $14,843,000, which would be an increase of $670,000 over the amount appropriated in the current fiscal year. There are requested 20 additional positions, consisting of 8 attorneys and 12 clerks. These substantial increases are set forth on pages 22-14 through 22-17, and include a new item of $200,000 entitled, "Contingency for Litigative Expenses." What have you to say about this, Mr. Reilly?

Mr. ANDRETTA. Mr. Chairman, Mr. Reilly being very new here, I shall start this thing off for him. If you have any questions I cannot answer, maybe Mr. Reilly can help out.

I will address myself to the U.S. attorneys first, and that increase of $670,400.

This increase is made up as follows:

NEW POSITIONS

For additional positions, 8 attorneys at $6,500 and 12 clerks at $4,345, less a lapse figure of $36,365, $104,140.

WITHIN-GRADE PROMOTIONS

For automatic within-grade promotions, $63,460.

For the annualization of the pay raise which the Congress gave us last year for assistants, which was on a part-year basis, $100,400, less a savings of one less work day $43,300, making a net of $57,100.

HEALTH BENEFITS

Health benefits total $43,100 as follows: health insurance for 20 additional positions, $1,100; retirement contributions for the additional positions, $6,500; retirement fund increases of the existing staff, $15,000; amount needed for social security deductions, $5,500; and social security deduction increases for the existing staff, $15,000-making $35,000 in addition to the $7,600 for personal benefits.

TRAVEL AND MISCELLANEOUS ITEMS

Travel for the new personnel, at an average of $210 each, $4,200. For rent, communications and utilities for the additional positions, at $275 each, $5,500.

Increases in the cost of printing briefs and records in order to keep up with the present cost of these items, $35,000.

Then for our other miscellaneous services, such as reporting, miscellaneous litigative expenses in connection with cases in the courts, $59,900.

Then $1,000 for supplies and materials for the new personnel.

EQUIPMENT

For equipment we are asking $97,000 more, which includes furniture, typewriters, et cetera, for the new personnel, and which is spelled out in detail in the statement which you put in the record, Mr. Chairman. The largest item of that equipment is for furniture for new Federal buildings that we anticipate will be opened up in the next fiscal year. That comes to $72,500.

Then, of course, the reserve of $200,000 for litigative expenses that are uncontrollable and that we cannot foresee.

ADDITIONAL PERSONNEL

The additional personnel are needed in some districts where the Lands Division work is extremely heavy and where we need to put some help to bite into some of the heavy backlogs of lands cases pending in certain districts.

You might well ask, Why do we not take personnel from one district and put it in another? That is not easily done with 91 judicial districts.

OVERALL REDUCTION IN CASELOAD

Mr. ROONEY. Why do you not take people who are handling criminal cases which have fallen off in the past year, and civil cases which have fallen off in the past year, and assign them to the lands cases? Mr. Bow. Internal security.

Mr. ANDRETTA. Except they are probably not needed in the districts which have fallen off in work.

Mr. ROONEY. It is a fact that business has fallen off, has it not? Mr. ANDRETTA. Yes, you are right, on an overall basis.

Mr. ROONEY. As a matter of fact, your civil cases filed in the past year-these are the only accurate figures that we have to go on-were less than in 1958. Is that right?

Mr. ANDRETTA. That is right.

Mr. ROONEY. Civil cases terminated were less than they were the year before. Is that right?

Mr. ANDRETTA. That is right.

Mr. ROONEY. Criminal cases filed last year were less than the year before, as well as criminal cases terminated. Is that right?

Mr. ANDRETTA. That is right.

Mr. ROONEY. You had fewer proceedings before the grand jury in 1960 than you had in the previous 2 years. Is that right? Mr. ANDRETTA. That is right. May I give you

Mr. ROONEY. In view of these figures, I am wondering, Mr. Andretta, how you justify such an ambitious buildup as this.

INCREASED CASELOAD IN CERTAIN DISTRICTS

Mr. ANDRETTA. Mr. Chairman, let me explain it. Let me show you how these figures are very volatile and flexible and unforeseeable and do not illustrate conditions in specific districts.

For example in the first 6 months of this year as compared to the first 6 months of last year, you were talking about proceedings before grand juries, they are up 2.6 percent in the first 6 months of this year. Civil terminations are up, although criminal cases terminated are down slightly. Criminal cases filed are down slightly.

What I am getting at is that shows the overall picture for 91 districts, but let me show you what happens in certain districts. In the very districts where you need help on lands, they are being pushed by their other work.

Mr. ROONEY. What are these districts?

Mr. ANDRETTA. Let me show you what is happening now. Increases in work took place in 41 districts on criminal cases filedMr. ROONEY. And they fell down in how many districts?

Mr. ANDRETTA. Increases took place in 41 districts, while decreases occurred in 48 districts. Forty-one went up, 48 went down. That is on criminal cases filed.

Mr. ROONEY. That would not justify an increase, would it?

Mr. ANDRETTA. No, not by itself. For example, it may well be that the district which showed an increase in criminal cases is the one that may have a heavy lands load, too.

Let me make this clear: You have districts with a basic organization of, say, 3 or 4 assistants and 5 or 6 clerks. You just cannot adjust to what happens in, say, the prior 6 months or the prior year and anticipate that it will be the same next year. You never know when the fire is going to break out. You cannot say we will drop personnel in a small district and add them to this district where there is a bulge going on. You must have a basic organization whether they have anything to do or not. It is like a fire department. We have 91 fire