States attorneys and United States marshals in each of the 27 districts where new judgeships have been created. This proposed supplemental appropriation was not included in the budget because the legislation necessitating this increase was not enacted until after the budget had been prepared. JUSTIFICATION OF SUPPLEMENTAL ESTIMATE Salaries and expenses, United States attorneys and marshals, Justice, 1955 The estimate of $14,500,000 submitted for 1955 fiscal year is now pending before the Senate in the amount of $14 million. In addition to restoring the cut of $500,000, $425,000 more will be needed for the United States attorneys to take care of work that was not considered in the regular estimate. This additional sum is to provide personnel in those judicial districts that will have additional United States district judges (27), as authorized in Public Law 294, approved February 10, 1954. During the last 20 years positions in the United States attorneys' and marshals' offices have increased 22.7 percent, whereas the number of judges increased 107.2 percent. It is estimated that 81 additional positions will be required to take care of the anticipated increased workload. As has been pointed out, the offices of the United States attorneys are already confronted with a heavy backlog of work. Unless additional help is forthcoming the work will fall further behind and the demands of the new judges will not be met unless there are more persons employed. In the first 6 months of 1954, as against the first 6 months of 1953, there has been a 21 percent increase in criminal cases filed, a 17 percent increase in criminal cases terminated; a 3 percent decrease in civil cases filed; an 11 percent increase in civil cases terminated. UNITED STATES ATTORNEYS Detailed explanation by activity Items of increase are as follows: Personal services, $237,500.-This amount provides for 54 positions on the basis of 1 assistant attorney and 1 clerk to the United States attorneys' offices for each additional United States district judge. 54 positions will aggregate. Less estimated savings (lapses). Regular pay in excess of 52-week base.. Total for personal services___ $247, 725 -11, 125 900 287, 500 Travel, $8,800.-It is estimated that travel for 54 additional persons will amount to $8,800. (54 positions times $163-1953 cost per person equals $8,800.) Communication services, $8,900.-Communication costs for 54 additional persons will total $8,900. (54 positions times $165-1953 cost per person equals $8,900.) Supplies and materials, $1,600.-It cost the Department $29 per person to furnish supplies to the United States attorneys' offices during 1953 fiscal year (54 positions times $29—1953 cost per person $1,600). Equipment, $31,300.-The present availability $70,200 and also the same amount for 1955 represent the recurring costs for the purchase of continuations to existing sets of lawbooks only. These funds will hardly take care of our normal require ments. The following equipment items are requested in this amendment: Books, U. S. Code Annotated, at $364 complete set (27). Typewriters at $146 each (27).... Dictating machines, with transcribers at $700 each (25) - Total.... $9,828 3, 942 17,500 31, 300 Taxes and assessments, $3,650.—Social security contributions (2 percent) for 54 additional positions will amount to $3,650. Total for other services, $54,250. Grand total United States attorneys, $291,750. UNITED STATES MARSHALS Detailed explanation by activity Personal services, $88,300.-This estimate contains a request for 27 additional deputy marshal positions, aggregating $92,070. One deputy marshal position will be required for each additional United States district judge. 27 positions will amount to.. Less estimated savings (lapses).. Regular pay in excess of 52-week base.... Total for personal services... $92, 070 -4, 170 400 88, 300 Travel, $36,200.-Travel for 27 additional deputy marshals will amount to $36,200 (27 positions times $1,340, 1953 cost per person, equals $36,200). The big expense incurred under marshals travel is for transporting United States prisoners. The Department, of course, is not able to control the number transported. Communication services, $3,100.-It is estimated that communication costs for 27 additional deputies will amount to $3,100 (27 positions times $115-1953 cost per person equals $3,100). Supplies and materials, $800.-Supplies for 27 deputies will amount to $800 (27 positions times $29-1953 cost per person equals $800). Equipment, $3,000.-The following equipment items are requested for 27 deputy marshals: Guns, 27 at $50 each_ Handcuffs, 81 pairs at $3 each (3 pairs for each deputy). Safety belts, 27 at $2.50 each. Badges, 27 at $1.50 each... Ammunition, 27,000 rounds at $47 per thousand.. Total. Taxes and assessments, $1,850.—Social security contributions for 27 deputy marshals will amount to $1,850. (2 percent of $92,070 equals $1,850.) Total for other services, $44,950. Grand total for United States marshals, $133,250. Senator DIRKSEN. Of course, you are going to have additional circuit judges under the new bill, Public Law 294, approved February 10, 1954, and that will need additional marshals and under section 202 in the House version of the bill, I presume there will be some additional attorneys very likely. Mr. ANDRETTA. Yes, sir. Senator DIRKSEN. I took it from the Attorney General's testimony that it would be possible to augment that staff. I sincerely hope that he can. JUSTIFICATION OF RESTORATION REQUESTED Mr. ANDRETTA. I want to point out, Senator, that this $500,000 cut for 1955 puts us about $650,000 under the money we have available this year. In other words, by means of transfers we have been able to put $650,000 in the United States attorneys' appropriation this year. That means if we are cut to $14 million next year we are going to have $650,000 less to run these offices. I must say that universally every one of the new United States attorneys has been appalled with the backlog of work that he faces, and the number of persons he has to do his work with. These offices have been starved for years. We have never been able to increase the number of persons in the United States attorney's or marshal's offices to any extent. If you will go back and look at the figures from 1928, '29, '30, '31, and '32, you will find that we had probably 100 to 150 more persons in these offices than we have today. When you consider the number of judges has increased greatly and that we have kept pretty constant in the face of all the heavy increase of work in the Federal courts, I think it is a remarkable record, and it is a wonder we are not further behind than we are. We have now reached the point where we have to recognize the fact that more help is needed to get these cases expedited. Senator DIRKSEN. This will involve an estimated 2,284 positions for attorneys and marshals. Mr. ANDRETTA. That is right. Senator DIRKSEN. I presume in the nature of things these will probably be all filled if they are not already filled? PERSONNEL STRENGTH Mr. ANDRETTA. We are over that. Our authorized employment is 2,284, and we are only allowed by the House 2,244 positions. The original estimate provided for 2,284 positions. United States attorneys' offices have 1,293 persons at the present time and 1,015 in the marshals, which totals 2,308. Senator DIRKSEN. In 1954, you had at least an estimated 2,284. Senator DIRKSEN. And you are how much over that now? Mr. ANDRETTA. Twenty-four persons over already. As the Attorney General mentioned in his testimony, if this cut stands, it looks now like we will have to drop 104 assistant United States attorneys. That is practically a third of our operating strength, which would play havoc with these districts. When you consider we have 94 districts with about 450 assistants in them, that is an average of about 4 assistants per office. When you pull out Chicago, New York, and the District of Columbia, and about 10 of the large metropolitan areas, you reduce most offices to 2 or 3 assistants only in them. Senator DIRKSEN. You are talking about actual persons, not mere positions. Mr. ANDRETTA. I am talking about actual persons. **YIN PHROUGH ELIMINATION OF MINIMUM SALARY RATE PROVISION Apuator DIRKSEN. What will you save by virtue of section 202, if You can reduce those minimums somewhat? ALL. ANDRETTA. I do not think we are actually going to save anything in dollars, that is by returning money to the Treasury. We will save this way, by being able to employ three persons at a much lower salary rather than two. In other words we can get more help for our money. You would have two young men coming up in the office and giving us twice as much help for the price of one assistant. Also the imum requires 3 years admission to the bar and we often find persons who meet this requirement but have had no actual experience Whatever. They would automatically be paid more than an assistant who had 2 years actual practice, say. Sonator DIRKSEN. In the light of all that, Mr. Andretta, what about your transfers? Will you have transfers in 1955? TRANSFER AUTHORITY Mr AXPREPra. No, sir. The Attorney General mentioned that we had no transfer clause, and we would like that restored. Nonator DIRKSEN. You mean the transfers? M ANDRETTA. The transfer authority. We have none for next It has been taken away. Zapnator DIRKSEN. That is the reason you included no transfers in You 1955 bill. AP ANDRETTA. That is right. Senator DIRKSEN. Did the Budget cut that out? A ANDRETTA. No, sir, the House did that. We would like that restored, because it has proven very valuable. As you probably know, every supplemental that has come over this year has been in the form of a transfer. That is because we had to get extra authority from the Congress over and above our regular transfer authority, but it does show if we have funds available we can make them useful in other places to better advantage, and we could effect some real economies. Senator DIRKSEN. I guess that is probably the whole story. JUSTIFICATION OF SUPPLEMENTAL ESTIMATE Mr. ANDRETTA. I just want to say a little more about the supplemental estimate. That is based on a formula. Whenever there is a new judgeship created, it requires a certain number of persons in the marshal's office and the United States attorney's office. We have applied that formula for all the new judges that are going to be appointed very shortly. Senator DIRKSEN. How much delay will there be in filling? Mr. ANDRETTA. None. The new positions may be filled during this fiscal year, but we are not asking for anything in this fiscal year, anticipating that it will be by the 1st of July before we can put them on. Senator DIRKSEN. So what you mean to say by that is that you will want all the money that was asked for in the supplemental if you can get it. Mr. ANDRETTA. That is right. FEES AND EXPENSES OF WITNESSES Senator DIRKSEN. The last appropriation estimate for consideration is that for "Fees and 'expenses of witnesses." I note the House allowed $1,200,000 under this item for the fiscal year 1955, which is the same amount that was allowed for the current year and is $100,000 under the budget request of $1,300,000. This appropriation is somewhat uncontrollable. I understand there is pending before the House a supplemental estimate of $100,000 to help meet these expenses for the balance of the current year. Before you proceed, Mr. Andretta, with any comments you care to make on this appropriation, I will place in the record a summary analysis of this appropriation estimate and the amendment requested by the Department. (The information referred to follows:) FEES AND EXPENSES OF WITNESSES Summary analysis of estimate Appropriation, 1954: Regular (excludes not to exceed $100,000 in third supplemental) Base for 1955 Estimate for 1955 Increase over base_ Increase over 1954 appropriation. 45431-54-pt. 1--18 $1,200, 000 1, 200, 000 1, 300, 000 + 100, 000 + 100, 000 |