as provided in section 715 of the Civil Rights Act of 1964. The act directs the Secretary of Labor to make a study of discrimination in employment because of age and requires a report to the Congress before June 30, 1965, on the findings of that study. A substantial amount of data has already been collected on the subject, and studies already planned as a part of the manpower research program of the Department will provide additional information which will be analyzed and used in the preparation of the report. Funds are not needed at this time but may be required later for certain other activities authorized by the Civil Rights Act of 1964, such as the surveys of registration and voting statistics. The amounts requested herein, when added to amounts previously requested, will not raise total requests above the totals proposed in the 1965 budget. I recommend the transmission of these proposed supplementals to the Congress in the amounts specified. Respectfully yours, KERMIT GORDON, Director of the Bureau of the Budget. Mr. ROONEY. The total of the amounts for the various agencies concerned with the implementation of this civil rights law is $13,088,000. SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES Mr. ROONEY. The first of the items to which we shall direct our attention this morning is that under the caption "Department of Justice, Legal Activities and General Administration, Salaries and Expenses, General Legal Activities." This is a request for an additional amount under "Salaries and expenses, general legal activities," of $1,093,000. We shall at this point insert in the record pages 2 through 5 and 9 through 19 of the justifications. (The pages follow :) LEGAL ACTIVITIES AND GENERAL ADMINISTRATION SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES "For an additional amount, fiscal year 1965, for 'Salaries and expenses, general legal activities,' $1,093,000." [H. Doc. 318] Appropriation: Salaries and expenses, general legal activities. The requested funds are needed to implement the Civil Rights Act of 1964 approved July 2, 1964. Court tests of the provisions which became effective upon enactinent have already begun and it is clear that additional cases will be filed in the near future. No funds were included in the annual appropriation requests for fiscal year 1965 to meet the cost of administering the new law. Furthermore, the Department will have to operate during the early months of the new fiscal year under House Joint Resolution 1056, the joint resolution providing temporary operating funds. This limits the Department's activities during July and August 1964 to the level of the past year and will seriously impede the enforcement of the new act until the regular 1965 Appropriation Act becomes law or a supplemental appropriation is approved. The details of the amount requested are as follows: New personnel (109 positions): 4 attorneys GS-15 at $15,683. Total 49 attorneys.. $62, 732 27, 248 35, 193 49, 920 126, 360 140, 600 442, 053 11, 606 20, 968 103, 422 10 clerks GS-3 at $3,890_ 84, 440 2 clerks GS-2 at $3,640_ 38, 900 7,280 2 clerks GS-7 at $5,803_ 4 clerks GS-6 at $5,242_ 22 clerks GS-5 at $4,701_ 20 clerks GS-4 at $4,222. Supplies (average $50 times 109). Equipment (49 attorneys at $375 equals $18,375; 60 clerks at $700 equals $42,000). Total___ 266, 616 708, 669 -59, 669 649, 000 2,500 651, 500 48, 700 88, 200 62, 200 100, 000 9,000 29, 000 39, 200 5, 400 59, 800 1,093, 000 JUSTIFICATION FOR SUPPLEMENTAL FUNDS CIVIL RIGHTS ACT OF 1964 It is imperative that the Division's staff be increased immediately to meet its new responsibilities and obligations and permit speedy, effective, and uniform enforcement of the act. The additional funds requested are needed to add 49 attorneys and 60 clerical assistants to the present staff of 56 attorneys and 52 clerks, thus increasing the Division's complement to 217 employees. Ap proximately $700,000 will be required for salaries and the cost of related employee benefits for the 109 new positions at current pay rates. Travel, communication, printing, reproduction, equipment, and other expenses are estimated to approximate $393,000. Set out briefly are the added functions of the Department of Justice under the 1964 Civil Rights Act. 1. The Attorney General is authorized upon receipt of complaints from persons unable to bring suit themselves, to bring suits in cases involving discrimination in public facilities (title III) and education (title IV). 2. The Attorney General is authorized to bring suits involving discrimination in places of public accommodations where the discrimination is a part of a pattern or practice (title II). 3. The Attorney General is authorized to intervene in private suits involving discrimination in places of public accommodations (title II). 4. The Attorney General is authorized to intervene in suits alleging a denial of the equal protection of the laws on account of race, color, or national origin (title IX). 5. New enforcement powers are given to the Attorney General in the area of voting rights (title I). 6. Where States have literacy tests, the Attorney General is authorized to examine these tests and their administration and enter into agreements with States that are complying with the purpose of the law exempting them from the requirement that literacy tests be in writing (title I). 7. Agencies administering programs where discrimination is prohibited may call upon the Attorney General to bring suit to require nondiscrimination (title VI). 8. In the event that civil or criminal contempt cases are brought to enforce court orders entered under the provisions of the new law, representatives of the Department of Justice will be called upon to conduct such proceedings (title XI). It should be noted that those provisions of title VII relating to equal employment opportunity which are within the jurisdiction of the Department of Justice shall not become effective until 1 year after the date of the enactment of the statute. The needs of this Division to carry out its responsibility under title VII will be justified in our budget estimate for the fiscal year 1966. These new duties and functions are imposed on a staff already overburdened with its responsibilities under statutes presently assigned. The Civil Rights Division retains its jurisdiction over and responsibilities for the enforcement of all present Federal statutes relating to civil rights, both criminal and civil. Accordingly, a complete reorganization of the Division is required. Sections within the Division's present structure are divided according to functions or statutes to be enforced. Because of the mode of operations which the Division has developed and followed in voting discrimination and intimidation cases under the Civil Rights Acts of 1957 and 1960, attorneys working on those cases become familiar with geographic areas and political subdivisions, political structures and personalities within each, white and Negro business communities and organizations. The value of this familiarity and expertise is lost by dividing functions among individual attorneys assigned to specific fields, as for example in voting, schools, public accommodations, and police brutality. The proposed reorganization will involve the creation of new sections for four geographic regions-Eastern, Western, Southeastern, and Southwestern. These sections will absorb the functions and personnel of the present trial staff and the general litigation and voting and elections sections. The number of attorneys assigned to each section will depend upon the volume of work and the regional lines can be redrawn without difficulty. It is presently planned to assign the following number of attorneys to the named regional districts: 9, Eastern; 4, Western; 32, Southeastern; 38, Southwestern, totaling 83 attorneys with 32 supporting clerical assistants. The greatest number of personnel will be assigned to the southern areas where it is believed that the greatest activity will take place. The proposed reorganization contemplates that each attorney assigned to these geographical sections will become an expert on all civil rights matters and cases arising in the areas for which he is responsible. The attorney so assigned will handle and process complaints; analyze law and factual situations; prepare, direct and conduct court actions and subsequent activities in all matters arising in his area of assignment. It is believed that this method of assignment will streamline and make for a more effective operation in handling the complex and often interrelated civil rights matters requiring attention in any area. Under consideration is a proposal that an undetermined number of attorneys be stationed in field offices in areas where needed. The bulk of the money requested for travel, communications, utilities, printing and reproduction, and other services will be needed for the personnel of these sections to properly carry out their functions. Because of the uncertain nature of the problems which the enforcement of the new act will pose, it is impossible at this time to pinpoint the exact amounts required for travel and other expenses. The figures used herein represent our best estimate. The Division reorganization contemplates that a new documents section to set up with present and additional personnel totaling 50 clerical assistants in addition to a section chief. This section will have the primary function of gathering, coordinating, and making readily available all material information which can serve the legal staff. It will coordinate work presently carried on in a number of sections and facilitate the handling of the increased workload contemplated by the new act. The new section would perform the following functions-docketing of complaints, investigations, cases, and material matters; processing and preparation of voting records and school records; preparation of exhibits, charts, and graphs; compilation of statistics; mail distribution and control; maintenance of reference and editorial services; and preparation of necessary reports. An additional five clerical employees will be needed for a typing pool to absorb overloads and surplus typing work. The documents section will require additional equipment necessary to carry out its functions efficiently, including a Xerox machine and two microfilm printer-reader machines. These machines will facilitate necessary and often urgent reproduction work now carried out for this Division by the Department's Administrative Services Section, very often on an overtime basis since other Department priorities frequently occupy Department machines to the limit during regular hours. The additional machines will be needed particularly in the reproduction of voluminous voting record exhibits in voting discrimination cases and in other instances. The Appeals and Research Section is responsible for the review of trial court decisions in the courts of appeal and in cooperation with the Solicitor General, in the Supreme Court, in all cases under the jurisdiction of the Division. The Section will also exercise these functions with respect to the new statutory authority granted by the Civil Rights Act of 1964. The Appeals and Research Section is also responsible for legal research concerning problems of unusual difficulty; it prepares draft legislation and supporting legal memorandums; it establishes and maintains files of legal research, private litigation, and legislation; and it carries out the Division's responsibilities in the Federal custody field. The Section presently consists of 11 attorneys and 7 clerical personnel. The Civil Rights Act of 1964 will vastly increase the responsibility of the Division generally, with a substantial increase in the workload of the Appeals and Research Section. Legal problems of considerable magnitude are expected in the fields of public accommodations, education, public facilities, and the denial of the equal protection of the laws. The increase in personnel requested for that Section is six attorneys and five clerical assistants. It is believed that this increase will prove to be sufficient, although the number of appeals that will have to be taken and the extent to which key cases will settle many outstanding issues are impossible to estimate with any degree of accuracy at this time. The Administrative Section requires an additional administrative assistant and an increase of the messenger staff from three to five, to service the additional Division personnel. It is impossible at this time to predict with precision the full impact of the 1964 act. Our experience with the 1957 and 1960 Civil Rights Acts compels a conclusion that the enforcement of the various titles of the act within the jurisdiction of this Division will be challenged in all possible ways and at all stages. Until we have more experience with the novel problems the act will raise and the volume of work entailed, our request for 109 new personnel represents our best estimate of what we need now to operate effectively. |