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As to the statement of Mr. Lee that the Department

has in a limited number of cases retained private counsel to represent government employees, it would be interesting to know what Mr. Lee means by "limited," since the $4,300,000 Supplemental Appropriations request for FY 1977 to pay private counsel would seem to indicate either that there were a great many cases or that the payments would be most substantial to a "limited" number of private attorneys.

As to the allegedly "independent" decision by me to retain counsel, I have already explained why I had no other choice but to retain outside counsel because of the Department's initial refusal to protect my interests.

SUBCOMMITTEE RECESS

Senator DECONCINI. Thank you very much.

The subcommittee will stand in recess until Monday, March 14, at 10 a.m., when we will continue the supplemental hearings with the Department of Commerce.

Thank you.

[Whereupon, at 12:20 p.m., Wednesday, March 9, the subcommittee was recessed, to reconvene at 10 a.m., Monday, March 14.]

[The remainder of the hearing is deleted]

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MARCH 11, 1977.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MAHON, from the Committee on Appropriations,
submitted the following

REPORT

together with

SUPPLEMENTAL AND MINORITY VIEWS

[To accompany H.R. 4877]

The Committee on Appropriations submits the following report in explanation of the accompanying bill making supplemental appropriations for the fiscal year ending September 30, 1977, and for other

purposes.

[Pages 2-111 of the Report are deleted]

112

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends an additional amount of $1,435,000 for additional payment to the General Services Administration for space and services, increased mileage and per diem allowances, and for the installation of a Centrex telephone system. This amount is a decrease of $160,000 from the budget request.

WORKING CAPITAL FUND

The bill includes $2,975,000, the full amount requested, for capitalization of the Department's Working Capital Fund. The Working Capital Fund was established by Public Law 93-613, approved January 2, 1975. Later that year, payroll services and some telecommunication services were brought under this fund. The appropriation now recommended will enable the Department to bring the balance of telecommunications, automated data processing services, printing, reproduction and graphic services under the Fund.

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

The bill includes $3,099,000 as an additional appropriation for salaries and expenses, general legal activities. This amount is $5,303.000 less than the amount requested. It includes funds for space and services provided by GSA, per diem and mileage increases, and a reduction in lapse for the Tax Division. Funds are also included for eight additional positions for criminal tax litigation, 11 additional positions for civil tax litigation, 8 positions for the criminal appellate program, 28 positions for the swine flu program, 18 additional positions for complying with the Freedom of Information and Privacy Acts, and additional funds required for expert witnesses in land matters. Also included is $199,000 for 14 additional positions for the Civil Rights Division to staff a Task Force on Sex Discrimination.

The Committee has not approved the request of $4,878.000 for payment of private counsel fees. The Committee questions the use of private counsel and would like to pursue this matter in depth before recommending any funds for such purpose.

[ The remainder of the Report has been deleted]

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Mr. MAHON, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

Making supplemental appropriations for the fiscal year ending
September 30, 1977, and for other purposes.

1. Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That the following sums are appropriated out of any money
4 in the Treasury not otherwise appropriated to supply supple-
5 mental appropriations (this Act may be cited as the "Sup-
6 plemental Appropriations Act, 1977") for the fiscal year
7 ending September 30, 1977, and for other purposes, namely:

[Pages 2-30 of the Bill have been deleted]

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31

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses",

27 $1,435,000.

1..

2

32

WORKING CAPITAL FUND

For capitalization and initial operating expenses of the 3 "Working Capital Fund", $2,975,000, to remain available 4 until expended.

5

LEGAL ACTIVITIES

6

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

7

For an additional amount for "Salaries and expenses,

8 general legal activities", $3,099,000.

[The remainder of the Bill has been deleted]

21-221 O 78 17

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