expenses incurred in connection with the Brinks robbery trial, is estimated to cost $5,000,000 for fiscal year 1986. Equal Access to Justice Act The Equal Access to Justice Act (Title II, Public Law 96-481) provides for the award of attorneys' fees against the federal government when the U.S. loses an "adversary adjudication" or a civil action in court. Since the law went into effect only $3 million has been awarded under it, although the Justice Department had assumed liability would exceed $100 million per year. CBO had originally estimated the cost ranging from $92 million to $129 million from FY 1982-1984. Provisions to extend the Act to cover administrative proceedings and civil actions commenced on or after October 1, 1984, and to clarify and improve the Act were encompassed in H.R. 5479, a bill processed through the 98th Congress. The bill, which was later vetoed by the President, was projected by CBO (H.Rept. 98-992) to cost from $3,700,000 per year to $32 million per year depending on the Act's usage. It is likely that a revised version of H.R. 5479 will be introduced and processed in the 99th Congress. Cost for FY 1986 could be projected at up to $32 million per year, based on the above projections for H.R. 5479. It is likely that awards will be less than the maximum projected. The Committee recommends $32 million as the projected cost. Most of this amount would be deducted from the affected agency's budget. Legal Services Corporation (LSC) The Committee believes funding should be increased for this program to keep pace with inflation, and to serve the increased poverty population. In FY 1981, funding for LSC was $321.3 million. The funding was cut 25% in FY 1982 and FY 1983 to $241 million each year in an effort to preserve the program, which the President sought to abolish. During that period, cutbacks in services increased as field program offices were consolidated and closed and as field attorneys and other workers were laid off. The impacts of these cutbacks were severe, and programs are stretched thin as the poverty population has increased by several million (from 30 million to approximately 35 million) within the past four years. Congress did increase funding for LSC in the last two years to $275 million in FY 1984 and to $305 million in FY 1985 -- however, these figures were less than the Committee recommendations $296 million for FY 1984 and $347 million for FY 1985. - In order to begin to meet the modest LSC "minimum access" of two attorneys per 10,000 poor (as contrasted to the current rate of 20 attorneys per 10,000 persons in the population as a whole), the Committee would recommend $373 million for FY 1986. This represents a 16.2% increase over the funding in FY 1981, and is an attempt to adjust for inflation, as well as the increase in the poverty population. Criminal Justice Act During the 98th Congress, some increases were made to the fees payable under the Criminal Justice Act (18 U.S.C. 3006A) through H.J. Res. 648 (P.L. 98-473). However, the changes did not include all the recommendations of the Committee and the House which processed a CJA revision bill, H.R. 3233. In order to incorporate these changes, including a fee schedule of $50/hour with a possible maximum of $75/hour, as well as improvements in training assistance for CJA attorneys and malpractice insurance for federal defenders, a revision bill would cost approximately $8.2 million. The Committee recommends this amount. Bureau of Alcohol, Tobacco and Firearms The Bureau of Alcohol, Tobacco and Firearms both regulates the alcohol, tobacco and firearms industries and assures the collection of revenue on those products. It is the principal law enforcement agency with responsibility for the criminal traffic in firearms, destructive devices and explosives, and contraband cigarettes and alcohol. It is the lead federal agency for the investigation of bombing and arson, and provides enormous assistance to federal, state and local investigations involving the use and traffic in firearms and explosives. As a consequence, it is a major participant in the nation's efforts to combat the illicit traffic in narcotics which protects itself with illegal firearms, machine guns and silencers. The Committee recommends full funding of the Bureau at the Administration's request of $169,562,000 plus restoration of the 5% proposed cut in salaries and benefits. Contract Services for Drug Dependent Federal Offenders This program, administered by the Probation Division of the Administrative Office of the United States Courts, provides the drug abuse treatment for and monitoring of persons released on probation or parole who have been convicted of federal offenses, pursuant to the Contract Services for Drug Dependent Federal Offenders Act of 1978, P.L. 95-537. The Committee recommends $6.0 million for FY 1986 to accommodate the substantial increase in persons to be served by the program as a consequence of the Administration's prosecutorial policies with respect to violent crime and drug offenses. The Administrative Office of the United States Courts requested $6.0 million. State and Local Assistance The Committee recommends that State and local assistance programs of the Office of Justice Programs be increased from $67,000,000 to $125,000,000, an increase of $68,000,000. This new program is the only direct aid to State and local law enforcement agencies, which handle over 90% of the criminal justice workload. This new program would provide targeted assistance to State and local law enforcement agencies for problems of proven effectiveness in fighting crime, and programs that are innovative and likely to be successful in reducing crime. This figure is consistent with the amount authorized by the House of Representatives when it passed the Justice Assistance Act of 1983. Fair Housing Act It is possible that fair housing legislation will be enacted which will create administrative law judges to resolve fair housing complaints. It is estimated that this legislation would cost approximately $10,000,000. I appreciate the opportunity to provide the Budget Committee with this information. I remain available to be of assistance to you. With best regards, Sincerely, Date WRodin PETER W. RODINO, JR. PWR: dfm NINETY NINTH CONGRESS WALTER 8 JONES, NORTH CAROLINA, CHAIRMAN MARIO BIAGGI, NEW YORK GLENN M ANDERSON, CALIFORNIA W.J. (BELLY) TALIZIN, LOUISIANA THOMAS M. FOGLIETTA, PENNSYLVANIA DENNIS M. HERTEL MICHIGAN ROY DYSON, MARYLAND ROBERT A BORSKI, PENNSYLVANIA THOMAS R CARPER DELAWARE ROBERT LINDSAY THOMAS, GEORGIA NORMAN F LENT, NEW YORK DON YOUNG, ALASKA ROBERT W DAVIS, MICHIGAN CLAUDINE SCHNEIDER, RHODE ISLAND THOMAS F. HARTNETT, SOUTH CAROLINA U.S. House of Representatives Merchant Marine and Fisheries Room 1334, Longworth House Office Building March 15, 1985 CHIEF COUNSEL EDMUND & WELCH MINORITY STAFF DIRECTOR Honorable William H. Gray, III Chairman, Committee on the Budget U.S. House of Representatives Dear Mr. Chairman: In accordance with section 301 (c) of the Congressional |