in the Criminal Division the increase has gone in the Federal Bureau of Investigation, which has done an outstanding job in the field of organized crime as well as the job they have always done so commendably in the field of internal security, and in the Bureau of Prisons. The population in the Bureau of Prisons has been increasing gradually. Also, the Internal Revenue Service has put on additional personnel and tax litigation in the first 6 months of the present fiscal year has increased 20 percent. As more criminal cases are referred to the Department of Justice, the workload will go up.

As I pointed out, we are spending five times as much time before grand juries in our fight against organized crime. We will need more lawyers to handle those cases. The narcotics case in New York which ended in December took four or five of our key attorneys for several months. If you want to investigate, conduct a grand jury, and then have trials more attorneys will have to be added in that area. I would say as far as the future is concerned I do not anticipate that there will be a cutback.

PASSPORT CASES

Mr. CEDERBERG. The State Department recently issued a regulation whereby if a passport is turned down for subversive reasons or security reasons that the individual who has had the passport denied has a right to review the testimony or the reason why it was denied. Is that correct?

Mr. KENNEDY. Yes.

Mr. CEDERBERG. Was this regulation cleared with you?

Mr. KENNEDY. It was.

I went over it in detail.

Mr. CEDERBERG. Do you find anything in the regulation that will be harmful?

Mr. KENNEDY. The regulation was based on a legal decision from our Department. It is our feeling, with no contradiction among lawyers and we went into this in some detail-that the law does not provide for any other manner in which to handle the problem.

Mr. CEDERBERG. There are some very serious questions being raised by Members of Congress as to the result of this.

Mr. KENNEDY. I understand that, but this is what the law is and looking at it as we must from the standpoint of the law

Mr. CEDERBERG. Do you think the law should be changed?

Mr. KENNEDY. That is up to Congress. I think there are some constitutional problems so I think it has to be done with some care, but we would be glad to give our opinion on that. It is not easy to change the law and still have it constitutional, but I think it can be made stricter or broader. However, I think a good deal of consultation and discussion should be had before that is undertaken.

CIVIL RIGHTS

Mr. CEDERBERG. At the bottom of page 5 of your statement, under the Civil Rights Division, you say:

In the field of civil rights the Department's basic policy is to seek effective guarantees and action from local officials and civic leaders, voluntarily and without court action where investigation has disclosed evidence of civil rights violations. This policy is proving successful and civil rights problems and difficulties generally are being resolved at the local level.

Does this mean there probably will be no need for further legislation in this field?

Mr. KENNEDY. I think probably there are some areas that still need attention and we are going to make some suggestions and recommendations along these lines. I feel very strongly that this problem is not going to be solved by just passing some laws. It will require some understanding.

We have been impressed, by and large, with the amount of cooperation we have received in those areas of the country where there are problems in this field. We have tried to work quietly without publicity and I think this is the way it should be handled. I think the people in the communities appreciate we are not leviathans here coming in and telling them what to do. Many of these communities will take steps themselves to clear up the situation. In some areas that has not been possible and the antagonisms have grown up between our own Department, and perhaps me, and some of these officials. That is very unfortunate because I think it is very important that continuous discussions take place.

One of the major reasons that the schools were reopened last fall without any acts of violence whatsoever in areas where violence had been anticipated was that all these discussions went on. The primary credit for that rests with the local authorities, the mayors, and city councils, but they received some guidance and suggestions that were helpful over a 6-month period from representatives of the Department of Justice. I think the fact it was done quietly without publicity caused them to appreciate we were not trying to step in and embarrass them. I think that is the way it should be done.

I think some laws might be helpful, but there are laws on the books now that can be enforced and that great progress can be made by good will and the Government working quietly behind the scenes, making sure we have our own house cleaned up.

When I came in the Department only 10 Negro attorneys were in the Department. We are not hiring people just because they are Negroes but we are treating all alike and as a result the number of Negro attorneys in the Department has increased fivefold. This is our philosophy. We are studying in what areas further laws would be helpful with the possibility of getting those passed, and also what laws there are chances of getting by the House and the Senate. Mr. CEDERBERG. That is all I have.

JANUARY 22, 1962.

LEGAL ACTIVITIES AND GENERAL ADMINISTRATION

WITNESSES

HON. BYRON R. WHITE, DEPUTY ATTORNEY GENERAL

S. A. ANDRETTA, ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL

Mr. ROONEY. The first of the items for the Department of Justice is "Salaries and expenses, general administration," which appears at page 88 of the committee print and under tab 2 of the justifications. This request is in the amount of $4,311,000, which would be an increase of $146,000 over the amount appropriated for the current fiscal

year.

We shall insert at this point in the record pages 2-1 and 2–2 of the justifications.

(The pages follow :)

SUMMARY ANALYSIS OF ESTIMATE

Appropriation, 1962__.

Comparative transfer from "Salaries and expenses, Antitrust
Division"

Total.

Estimate for 1963

Increase 1963 over 1962.

In thousands

$4, 165

4

4, 169 4,311 142

This appropriation covers the cost of overall executive direction and administration of the Department of Justice. It also provides funds to support the activities of the Office of the Pardon Attorney, the Board of Immigration Appeals, and the Board of Parole.

The following activities are financed from this appropriation item: Executive direction:

Office of Attorney General.

Office of Deputy Attorney General.

Administrative reviews and appeals:

Office of Pardon Attorney.

Board of Parole.

Board of Immigration Appeals.

Administrative services:

Administrative Division.
Library.

The amount requested for 1963 provides for small increases in personnel to meet heavier workloads in the Office of Deputy Attorney General and the Administrative Division. Funds are also included for within-grade promotions authorized by the Ramspeck Act and for rising costs for travel and communications.

Mr. ROONEY. Mr. Andretta, is there any request included in this for funds for parking fees?

Mr. ANDRETTA. No, sir.

Mr. ROONEY. And this requested increase of $146,000 is set forth under the various offices which make up this title "Salaries and expenses, general administration."

OFFICE OF THE ATTORNEY GENERAL

The first of these is the Office of the Attorney General wherein there is a request of $221,700, which would be an increase of $6,700 over the amount appropriated to date for that office in the current fiscal year.

We shall insert at this point in the record pages 3-1 through 3-4 of the justifications.

(The pages follows:) Appropriation, 1962_ Estimate, 1963_ Increase_-.

$215,000

221, 700

6, 700

The Attorney General is the head of the Department of Justice and the chief law officer of the Federal Government. He gives advice and opinions to the President and heads of the executive departments of the Government when so requested. The Executive Assistant to the Attorney General and the Director of Public Information are attached to the Office of the Attorney General and report directly to the Attorney General.

AMOUNT REQUESTED

The sum of $221,700 is requested for the Attorney General's immediate office for the fiscal year 1963. The increase of $6,700 is needed to meet the higher costs of operation because of increased activity.

Recent events have greatly increased the demands on the Attorney General and his executive staff. The magnitude and gravity of these problems require that a substantial number be considered and handled in the Attorney General's office rather than in the Divisions of the Department. This increased activity which is expected to continue has created additional needs for travel and communications primarily, which cannot be met with present funds which are not adequate to cover the current rate of expenditures in these categories. The remainder of the increase is required for statutory provisions authorizing within-grade promotions and higher travel allowances.

The details are as follows:

Cost of statutory changes: Within-grade promotions (Ramspeck Act)-- $1,800

This office provides the executive staff and facilities for the Attorney General in directing the Department of Justice. In addition to the Attorney General, the office includes the Executive Assistant, Confidential Assistants, the Director of Public Information, and secretarial and messenger staffs.

Because of the Attorney General's personal interest in organized crime, civil rights, juvenile delinquency and antitrust matters additional workloads have been imposed on his office. The increases sought are necessary to cover statutory provisions and rising costs of travel, communications, and printing related to this heavier workload.

Mr. ROONEY. The increases are set forth at page 3-3 and they include within-grade promotions required by the Ramspeck Act in the amount of $1,800; additional travel requirements in the amount of $1,700 and this, Mr. Attorney General, has nothing to do with the travel we were talking about a moment ago, does it?

Mr. KENNEDY. It does not.