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LIBRARY

TUESDAY, FEBRUARY 28, 1961.

WITNESSES

S. A. ANDRETTA, ADMINISTRATIVE ASSISTANT ATTORNEY GEN

ERAL
J. C. BROWN, DEPUTY DEPARTMENTAL BUDGET OFFICER

Mr. Rooney. The next subitem is that for the Library and the details with regard thereto are to be found at tab. 8 of the justifications.

We shall at this point insert pages 8–1 through 8-5 of these justifications, which indicate that the request is in the amount of $262,000 or an increase of $12,400 over the amount appropriated in the current fiscal year. (The pages follow :)

LIBRARY Appropriation, 1961.

$249, 600 Estimate, 1962-.

262, 000 Increase

12, 400 The library serves the staff of the Department of Justice with over 223,000 volumes of legal and other related reference material.

It is the responsibility of the librarian to formulate library policy, develop and maintain a sound collection of legal texts, periodicals, etc. A most essential item in rendering proper service is the preparation and maintenance of current indexes and catalogs of the material.

AMOUNT REQUESTED

It is estimated that the Department's library will need $262,000 to maintain and operate its services during 1962. This is $12,400 more than the amount required for 1961 and is to be applied to the following purposes : Cost of statutory provisions : Within-grade promotions (Ramspeck Act)-

$2, 500 Savings due to 1 less compensable day in 1962_.

- 500 Retirement fund contribution..

150

2, 150

Net increase--
Higher cost of books due mainly to the increased price of the Federal

Digest ---

10, 250

Total increase

12, 400 The principal increase ($10,000) is occasioned by a recent policy decision by the West Publishing Co. to bring out a new legal series to be known as West's Modern Federal Practice Digest and to discontinue the publication of the former Federal Digest as well as the upkeep services thereon. This will cause the rapid obsolescence of our sets of the Federal Digest and practically forces us to buy the new volumes being published by West.

The new series will cover cases from 1939 forward and will consist of 58 volumes at a cost of $354.38 per set or $6.11 per volume. Several of these volumes are ready for distribution and the remainder will be published and distributed during fiscal year 1961.

The digests are essential tools of the legal profession and private attorneys are acquiring the new volumes as they become available. Urgent appeals are being made by our attorneys for this new service and it should be furnished them at the earliest possible time. The departmental library requires 29 sets of the digests.

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GENERAL STATEMENT

This fund must support all library activities of the Department except those of the Federal Bureau of Investigation, the Immigration and Naturalization Service, and the Bureau of Prisons. It provides for the purchase of new books and periodicals, upkeep service on existing materials, binding, repairing, supplies and equipment, and personnel costs, including contributions to the retire ment fund. More than 223.000 volumes on law and related subjects in the main library and the smaller collections are used to serve the employees of the De partment of Justice in the prepartion of legal briefs and memorandums, in the preparation of supporting economic and social findings necessary in litigation, as well as for general reference use. The Department of Justice library is one of the foremost legal research centers of the Federal Government.

The libraries of the Department are organized and managed according to nationally recognized library standards with certain variations necessitated by the unique physical arrangement and work responsibilities of the Department which they serve. The main library is the principal repository of all research materials, now containing approximately 110,000 volumes. The Division libraries, and other smaller collections, maintain basic working collections of Federal reports and statutes, and a few important and widely used reference materials having particularly application to the work of these specialized units.

The main library has been fully cataloged and classified since 1938 and as time permits the holdings prior to that time are also cataloged and classified. All the holdings of the smaller collections are cataloged and a union catalog of these holdings is maintained in the main library. The main purposes of the union catalog are to make all the resources of the libraries generally available throughout the Department and to avoid duplication. The libraries of the De partment accumulate through purchase, gift, exchange, and deposit; organize; catalog; and keep up to date the collections of books and materials in the field of law and related subjects hereinbefore referred to. The principal library functions performed throughout the library system may be grouped under broad headings as follows: "Acquisitions” (including ordering, gifts and exchanges), "Technical Processing" (including cataloging, classifying, and binding), “Circulation" (including interlibrary loan service), and “Reference," and the clerical functions necessary to support these activities.

REQUESTED INCREASE FOR 1962

Mr. Rooney. The increases are set forth at page 8–3 and it would appear that $2,150 of these increases is as a result of statutory provisions; is that correct ?

Mr. ANDRETTA. Yes, sir.

COST OF BOOKS

Mr. ROONEY. Whereas $10,250 is alleged to be due to “higher cost of books due mainly to the increased price of the Federal Digest, $10,250.”

Mr. ANDRETTA. That is correct, sir.

Mr. ROONEY. At the present time the law is that no more than $4.50 may be expended per book?

Mr. BUTTS. That is correct.
Mr. Rooney. Is that the present law?
Mr. ANDRETTA. Yes, sir.

Mr. ROONEY. As a result of the General Government Matters Appropriations Act of 1961 ?

Mr. ANDRETTA. I submitted the question to the Comptroller General and there was some doubt as to whether this was a successor publication because the name was slightly changed.

Mr. ROONEY. The Comptroller General said what?

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Mr. ANDRETTA. He says he agrees with our interpretation in the Department, that this was the same set of books and therefore the statutory limitation held and we were not able to buy.

Mr. ROONEY. Now the West Publishing Co. wants $6.11 a volume; is that right?

Mr. ANDRETTA. That is right.

Mr. Rooney. We listened to testimony with regard to this in connection with supplemental amounts requested for the Federal judiciary.

Mr. ANDRETTA. We have an item in for this library and also for the U.S. attorneys' offices which is a considerable item of around $40,000 for the purchase of this same publication in the U.S. attorneys' offices.

Mr. Rooney. What is the total in this budget for the Federal Practice Digest

Mr. BROWN. Mr. Chairman, it is $10,250.
Mr. Rooney. I am speaking about the budget.

Mr. Brown. We had to take out of the U.S. attorney appropriations the request for new digests because there was a budget cut.

Mr. ROONEY. You did take it out of that?
Mr. BROWN. We took it out.
Mr. ROONEY. Why cannot we take it out of this!
Mr. BROWN. If they do not change the law, you certainly can.
Mr. ROONEY. Very well.
Are there any questions, gentlemen! Thank you.

ADMINISTRATIVE DIVISION

TUESDAY, FEBRUARY 28, 1961.

WITNESS

S. A. ANDRETTA, ADMINISTRATIVE ASSISTANT ATTORNEY GEN

ERAL
RALPH JACKSON, CHIEF, LEGAL AND LEGISLATIVE OFFICE

Mr. ROONEY. The next and last subitem is entitled “Administrative division." The details are to be found under tab 9 of the justifications and we shall insert pages 9–1 through 9–6 at this point in the record.

(The pages follow :)

ADMINISTRATIVE DIVISION Appropriation, 1961.

$2, 268, 700 Estimate for 1962..

2, 389, 000 Increase--

120, 300 The Administrative Assistant Attorney General is head of the Administrative Division, which is charged with responsibility for the business management of the Department. This includes among other things the formulation, presentation and execution of the Department's budget; the recruitment, appointment, placement, training and classification of personnel; the allotment, disbursement, and accounting for funds; the collection and compilation of statistics; the purchase of supplies and equipment; allotment and utilization of space, along with necessary administrative services such as duplication, telephones, transportation, etc.; the receipt and distribution of mail; maintenance and disposition of files and records; the examination and inspection of field and judicial offices; the study of departmental offices with a view to effecting improvements in organization and practices; making management studies; and generally the administration of similar staff services. The Administrative Assistant Attorney General also supervises the administrative operations of the U.S. marshals' and attorneys' offices, the Board of Immigration Appeals, the Board of Parole, and the Office of the Pardon Attorney.

AMOUNT REQUESTED

It is requested that $2,389,000 be appropriated for the Administrative Division to carry out its responsibilities of conducting and managing the business affairs of the Department in 1962. This is $120,300 more than the total appropriation required in 1961 and is needed for the following purposes : Cost of statutory provisions : Within-grade promotions (Ramspeck Act)

$23, 600 Savings due to 1 less compensable day in 1962

(-) 7,600 Retirement fund contributions related to above-

1, 000

17,000

New positions :

Salaries (4 examiners, GS-9).
Personnel benefits (retirement $1,675, health $200),
Travel.-
Equipment---

25, 800

1, 875 14, 900 2,000

44, 575

Reduction in lapses to permit filling 9 authorized positions now va

cant to provide manpower badly needed to handle increased admin-
istrative workloads :

Salaries (9 employees).
Retirement contributions--
Rent (formerly budgeted by GSA)

50, 500 3, 225 5, 000

58, 725

Total increase

120, 300

GENERAL STATEMENT

The Administrative Division conducts the business affairs of the Department and functions as the central office for departmentwide administrative and advisory programs. It maintains liaison with the Bureau of the Budget, Civil Service Commission, General Accounting Office, Treasury Department, and General Services Administration. It handles the Department's finances and house keeping matters as well as the compilation of statistical information on litigation, examination of field offices and management studies. These duties continue to grow in volume and complexity as the activities of the Department and the growth of the country expand. However, employment in this Division has not kept pace with the rising caseload.

It was pointed out in last year's budget that because of limited funds the average number of employees in recent years had to be restricted to about 90 percent of the staff authorized. However, no additional funds were granted in 1961 for this purpose and there are still several areas in which serious manpower shortages exist particularly in the statistical services, accounting and financial reports section. Additional funds are included in 1962 to permit filling nine existing vacancies to relieve this condition.

Manpower shortages also exist in the Examiners' Section of the Division. This is the office that conducts field examinations of judicial offices and the offices of U.S. attorneys and marshals pursuant to 5 U.S.C. 341b.

Recently the Judicial ('onference of the United States recommended that the Department include funds in its budget estimates to enlarge the examiners staff so that more timely examination of judicial offices might be made. The following comment appears in the Conference's report of its March 1960 meeting:

“During the past year the Administrative Office has received substantial assistance from the examiners of the Department of Justice, but because of the

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limited staff of examiners, regular examinations of judicial offices are made only infrequently. As a result they are ineffective, to a large degree, in bringing to the attention of the Director in a timely manner situations which should be corrected. The committee was of the view that a larger staff of examiners was required to assist in this work and recommended that the Conference request the Director and the Budget Committee to take up the need for additional examiners with the Department of Justice to the end that provision may be made in the budget of the Department for an a adequate staff of examiners. This recoin mendation was approved by the Conference."

At the beginning of World War II, there were 21 examiners on the staff. This was reduced to 14 following the war and at present there are 10 authorized positions. It is conservatively estimated that at least 14 positions should be allowed this section if the work is to be done effectively and more timely corrective actions instituted.

Accordingly the 1962 estimate includes $25,800 for four additional examiners' positions in grade GS-9, at $6,448 per annum each.

A total of $17,000 needed to comply with statutory provisions relating to employees' salaries and benefits in 1962.

Under a new policy recently announced, the Department must include in its budget, funds for rent in the District of Columbia which under the former practice would have been budgeted for by the G.S.A. Accordingly, $5,000 is requested for rental of office space for the new personnel sought in fiscal year 1962.

REQUESTED INCREASE FOR 1962

Mr. Rooney. They indicate that the request is in the amount of $2,389,000 which would be an increase of $120,300 over the amount appropriated for this Division in the current fiscal year. The increases are set forth at page 9-3 and indicate that $17,000 of this $120,300 increase is for statutory provisions, such as within-grade promotions and retirement fund contributions: That $44,575 is for four additional employees and $58,725 is for “reduction in lapses to permit filling nine authorized positions now vacant to provide manpower badly needed to handle increased administrative workloads."

What about this, Mr. Andretta?

Mr. ANDRETTA. Mr. Chairman, the $120,300, as you indicated, is for the items you enumerated.

Now you will notice that, roughly speaking, part of the increase is for statutory increases.

Mr. ROONEY. I covered those. Those are the only things we see that look all right.

Mr. ANDRETTA. Another part is for additional personnel.
Mr. ROONEY. That is the part with which we are concerned.

Mr. ANDRETTA. The third facet of the increase is to permit us to fill 9 out of the present 39 vacancies that we carry in this Division.

“RENT" ASSOCIATED WITH NEW POSITIONS Mr. Rooney. What about this $5,000 for rent (formerly budgeted by GSA), does that refer to the nine employees or the four examiners?

Mr. ANDRETTA. It is a formula that is applied to the new personnel, Mr. Chairman.

Mr. Rooney. The nine employees?
Mr. ANDRETTA. Nine employees, yes.

Mr. Rooney. What do you suppose they will weigh as compared with the weight of the requested four employees over in the Board of Parole?

Mr. ANDRETTA. They will be lighter weights.

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