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Justification

The justification for the Fiscal Year 1979 program supplemental which follows is in support of the Omnibus
Judgeship Act, Public Law 95-486 and the Bankruptcy Reform Act of 1978, Public Law 95-598.

Item 1. Omnibus Judgeship Act ($ 202,000) Public Law 95-486, signed by the President last October, increases the number of district and appellate judgeships by 152. This is an increase of over 30 percent with a concomitant increase in supporting personnel. The most direct impact on the Center will be in the field of continuing education. In some cases, the numbers served in projected seminars and workshops will increase, requiring the expenditure of added funds primarily for travel and subsistence. In other cases, additional workshops and seminars will be required. The number of new personnel entering the system each year will increase substantially, even after the initial appointments are made, so long as the rate of turnover remains constant. The total required to meet these needs in fiscal year 1979 is projected at $202,000.

Item 2.

Bankruptcy Reform Act ($98,000)

The major substantive provisions of the Bankruptcy Act of 1978 take effect on October 1, 1979. We are reallo. cating funds previously scheduled for seminars for judges to provide training in the essential substantive provisions of the Act to the bankruptcy judges. However we do not have funds in our 1979 budget to provide the necessary transition training to supporting personnel. This training is essential because the duties of the bankruptcy court support personnel will be significantly expanded when the Act takes effect. They will be expected to assume all the responsibilities in administering the court that were previously exercised by the personnel in the office of the clerk of the district court to which the bankruptcy court is attached.

S79-37

Mr. Smith. Do you have a statement on those ?

Judge MAXWELL. No, sir, we don't have a prepared statement. We would be glad

to answer any questions which you may have. Mr. SMITH. They relate to the

Omnibus Judge Act, the Bankruptcy Reform Act, Jury System Improvements Act, Court Interpreters Act. Is that right?

Judge MAXWELL. Yes, sir. All of these items are related to that new legislation of the last Congress. Mr. Smith. Any thing in addition to what I mentioned ? Judge MAXWELL. No, sir. I believe that is all. Mr. GARABEDIAN. No, sir.

NEW JUDGESHIPS

Mr. Smith. And the $3.5 million for the appointment of additional judgeships—that is for those new judgeships?

Mr. GARABEDIAN. Yes, sir.
Mr. SMITH. How many of them have been filled?
Mr. GARABEDIAN. Mr. Foley-Do you want to answer that!
Mr. FOLEY. Eight nominations have been made.
Mr. SMITH. Eight?

Mr. FOLEY. Yes, sir, eight have been sent to the Senate thus far. We have put this request together on the basis of the public statement of the Attorney General, that by the end of April, 80 percent of the positions would be filled. We have no other way of

Mr. SMITH. We won't hold mark-up until after the first of April. We can revise these figures then.

Mr. FOLEY. We should have a much better reading by then.

Mr. SMITH. We went over the estimated cost of the Bankruptcy Law. Do you have estimates on the cost of these new judgeships, recurring costs and start-up costs?

Mr. GARABEDIAN. The amount included in the supplemental request is $4,191,000. It relates to the Bankruptcy Reform Act. Most of the changes we have been talking about will take effect on and after October 1, 1979.

Mr. Smith. I am not talking about bankruptcy now. I mean those figures that are related to the new judgeships. Mr. GARABEDIAN. We will be glad to submit it for the record. [The information follows:]

COST TO THE JUDICIARY OF ESTABLISHING A NEW DISTRICT JUDGESHIP

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$ 54,500

Salary of the Judge....
Agency contribution for life insurance, health benefits, and the
Judicial Survivors' Annuities Fund...

3,500

Total.....

58,000

Appropriation:

Salaries of Supporting Personnel, The Judiciary

Salaries:

Law Clerk, Grade JSP-13...
Secretary, Grade JSP-11....
Law Clerk, Grade JSP-11.....

Court Reporter, Ungraded..
Agency contributions for retirement, life insurance, and health
benefits.......

27,453 19,263 19,263 25,852

9,169

Total..

101,000

Appropriation: Travel and Miscellaneous Expenses, United States Courts

Travel, Judge and staff.
Library: Initial cost.

Annual cost (second and succeeding years)
General office equipment.
Miscellaneous expenses (communications, supplies, etc.)...

Total (initial cost)......

9,000 30,000 NR (6,000)

6,000 NR 12,000

..........

57,000

27,000

Total (annual recurring cost)....... Appropriation: Space and Facilities, The Judiciary

Rental of space...
Tenant alterations and other reimbursable services.

58,000 11,000

Total...

69,000

Appropriation: Expenses, United States Court Facilities

Furniture and furnishings....
Replacement and rehabilitation of furniture and furnishings (recurring)

Total (initial cost).......

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Salaries and expenses of clerical staff (unit cost based on a ratio of one clerical position to every four new judgeships).

5,000

Grand Totals:

Initial (first year) cost.

$325,000

$263,000

Annual recurring cost.......

Note: The creation of additional district Judgeship also will result in additional petit jury costs of approximately $30,000 per annum.

NR Nonrecurring expense

Prepared February 7, 1979

COST TO THE JUDICIARY OF ESTABLISHING A NEW CIRCUIT JUDGESHIP

Appropriation: Salaries of Judges

$57,500

Salary of the Judge...
Agency contribution for life insurance, health benefits, and the
Judicial Survivors' Annuities Fund..

TOTAL.....

3, 500 61,000

Appropriation: Salaries of Supporting Personnel, The Judiciary

Salaries:

Law Clerk, Grade JSP-13..
Law Clerk, Grade JSP-11..
Law Clerk, Grade JSD-11.......
Secretary, Grade JSP-11..

Secretary, Grade JSP- 9...
Agency contributions for retirement, life insurance, and health
benefits...

27,453 19, 263 19,263 19, 263 15,920

9,838

TOTAL.

111,000

Appropriation: Travel and Miscellaneous Expenses, United States

Courts

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Appropriation: Expenses, United States Court Facilities
Furniture and furnishings.
Replacement and rehabilitation of furniture and furnishings
(recurring)...

35,000 NR

(3,000)

TOTAL (initial cost).......

35,000

TOTAL (annual recurring cost).....

3,000

Appropriation: Salaries and Expenses, Administrative Office of

the United States Courts

Salaries and expenses of clerical staff (unit cost based on a ratio of one clerical position to every four new judgeships)...

5,000

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COURT INTERPRETERS

Mr. SMITH. With regard to interpreters, how many languages are involved ?

Mr. FOLEY. We have really no way of knowing except based on past experience. Primarily it has been the Spanish language, and various Indian tribal dialects. These are the two main requirements for court interpreters in the United States.

Mr. Smith. And for others, you just wait until you get a request?

Mr. Foley. Yes, sir. Of course, in Puerto Rico, Spanish is the primary language, and also in the new court of Northern Marianas we are faced with an interpreter problem.

Mr. Smith. In some parts of Iowa, if you bring someone out there from Brooklyn, you are going to have to have an interpreter.

I noticed yesterday it was cluck, cloik, clerk. You have got three languages for that.

Mr. HIGHTOWER. Texans don't have that problem.

Mr. Smith. I think we have pretty well touched on items in this supplemental already.

DATE OF BUDGET PREPARATION

When was this put together?

Mr. GARABEDIAN. It was submitted to the Office of Management and Budget on or around, well, in October of '78, as required by law; and, to our knowledge, all funds at the present time, at least, are still required; but if there is any delay in the appointment of judges, we are prepared to reduce our request in the supplemental.

Mr. Smith. It is going to be several months before mark-up. It may be that some figures would be no longer appropriate.

WEDNESDAY, MARCH 21, 1979.

ARMS CONTROL AND DISARMAMENT AGENCY

WITNESSES

SPURGEON M. KEENY, JR., ACTING DIRECTOR
JAMES T. HACKETT, ADMINISTRATIVE DIRECTOR
PHILIP G. SCHRAG, DEPUTY GENERAL COUNSEL
WALTER L. BAUMANN, ASSISTANT GENERAL COUNSEL
RONALD P. PASSERO, BUDGET AND FISCAL OFFICER

Mr. SLACK. We will now consider the supplemental request for the Arms Control and Disarmament Agency.

The justifications therefor appear in a separate document which we shall insert at this point in the record.

[The information follows:]

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