U.S. ATTORNEYS APPEAL Senator PASTORE. That concludes the Justice Department. Mr. POMMERENING. Mr. Chairman, the Department is appealing for the restoration of some positions reduced by the House committee for the U.S. attorneys. Jerry Fines, the Deputy Director of the Executive Office is here. Mr. FINES. We are requesting restoration of 91 positions that were reduced by the House. We originally requested 291 positions for fiscal year 1977; 91 of these positions were deleted by the House allowance; 100 positions became part of the 1976 supplemental. With the restoration of 91 positions decreased by the House it will bring our request to the original total of 291 positions. Senator PASTORE. These are the U.S. attorneys? Mr. FINES. Yes. Senator PASTORE. Can that be shaved down in any way? You are just asking for the full amount, aren't you? You are asking for a full restoration? Mr. POMMERENING. That is correct, Senator. The Department has through the entire course of the budget procedure in 1977, assigned to the functions of the U.S. attorney's offices the highest priority in the Department. I am sorry Judge Tyler could not remain for the balance of the day. I know that he feels very strongly about the very critical need to operate at what he considers to be this minimal level for the U.S. attorneys. Senator PASTORE. That is the $2,030,000, right? Mr. POMMERENING. Right. Senator PASTORE. What is the other? Mr. POMMERENING. The requested budget amendment. U.S. ATTORNEYS 1977 BUDGET AMENDMENT Senator PASTORE. Just the U.S. attorneys and marshals? Mr. POMMERENING. Right. Mr. FINES. There is a budget amendment. Mr. POMMERENING. There is a budget amendment to provide for full year funding or annualization of the 100 positions which were accelerated in fiscal year 1976 by supplemental action. Senator PASTORE. Is that the $1,025,000? Mr. POMMERENING. I believe that is it, Mr. Chairman. FEDERAL BUREAU OF INVESTIGATION Senator PASTORE. Thank you. Now we have General Chapman here and we have Mr. Callahan from the FBI. I would like to hear a word from them on the matter of the allowance that was made by the House. The House granted you $12,419,000 over and above the amount that was asked in the budget estimate. Are you familiar with that, General? General CHAPMAN. Yes, sir. 70-425 - 76-34 NEW PERSONNEL FOR INSPECTION AND INVESTIGATION ACTIVITIES Senator PASTORE. Do you think there is a need for these new personnel? General CHAPMAN. Yes, sir, I do. Senator PASTORE. Can you give us your reasons for it? General CHAPMAN. A part of the House action would restore several cuts that were proposed in the Immigration Service, a cut of 133 in the inspection activity; of 127, in the investigations program; and, some other minor cuts. It would restore the administratively uncontrollable overtime reduction that was made for the Service. Then these restorations would bring the Service back to the fiscal year 1976 level. Then it would add for the new fiscal year an increase of 100 inspectors, to enable us to man new facilities that are either under construction or will open during the year. In some cases construction is already complete and they are unmanned. Senator PASTORE. Did the House suggest a figure of a 100 increment or did you I mean how did you reach the figure of 100? General CHAPMAN. The figure of 100 inspectors is the sum of the inspectors required for the new facilities that are to open up during the year. Senator PASTORE. And you made that presentation before the House? General CHAPMAN. That presentation was made to OMB. No, sir, we did not make it to the House. Senator PASTORE. It was made to OMB? General CHAPMAN. Yes, sir. Senator PASTORE. You asked OMB for the 100 jobs? General CHAPMAN. Yes, sir. The Department did on our behalf. Senator PASTORE. What are these facilities that they will man? General CHAPMAN. There is a new bridge across the river at Laredo, Tex., that opens in October or November. There is a new international wing at the John F. Kennedy Airport in New York City. It is an American Airlines wing. There are new entrance facilities at Honolulu International Airport. I can provide a complete list for the record. It adds up to 100 positions. Senator PASTORE. Will you do that? General CHAPMAN. Yes. [The list follows:] NEW AND EXPANDED FACILITIES 1. FACILITY At J.F.K. International Airport, New York, to staff the new American 2. At Miami, Florida, to meet an estimated 10 percent increase in inspections of passengers and crewmen - new satellite to open September 1, 1976. 3. At Norfolk, Virginia, International Airport now open for charter POSITIONS 20 9 2 4. At Edmonton International Airport for preclearance operation scheduled to begin September 1, 1977. 3 5. At Calgary International Airport for preclearance operation scheduled to begin September 1, 1977. 3 6. At Winnipeg International Airport for expanded preclearance operation beginning October 1, 1976. 2 7. At Wilkes-Barre/Scranton Airport to provide inspection of charter flights now arriving in new airport facility. 2 8. At Harrisburg, Pennsylvania Airport to provide inspection of 2 9. At San Ysidro, California, to staff eight new vehicular inspection lanes, now available for use. 14 10. At Los Angeles International Airport to staff expanded facility which is scheduled for completion October 1, 1976. Inspections take place at two widely separated terminals. Traffic increase of 10 to 15 percent expected. Flight delays due to insufficient inspection staff have occurred regularly at Los Angeles for at least the past. 13 16 11. At Larado, Texas, to staff three traffic lanes and secondary inspection area, 24-hours a day on new bridge to be completed October 1, 1976. Nine additional lanes and permanent facility will be completed by early FY 78. 12. At Nogales, Arizona, to staff new port facility scheduled to open 8 13. At Salt Lake City Airport to inspect international charter flights now arriving. 1 14. At Great Falls International Airport to inspect large scale inter- 5 100 HOUSE ACTION ON INS INVESTIGATORS General CHAPMAN. The House also increased our investigators by 200. Of course the purpose of this increase is to maximize the apprehension of illegal aliens who are employed, thereby opening up jobs for Americans. The increased positions will permit the investigation of fraud and various crime cases under the immigration law, of which there are a great many. Senator PASTORE. Most of this problem emanates from Mexico, doesn't it? General CHAPMAN. In numbers, I would say, yes. We estimate there are something like 6 million or 7 million illegal aliens here today and perhaps 4 or 41⁄2 million are Mexicans. Senator PASTORE. What are the rest? General CHAPMAN. The other 3 million or so come from everywhere in the world, Mr. Chairman. Senator PASTORE. Most of them from where? General CHAPman. Mostly from Latin America and the Caribbean, but many come from Africa, Asia, the Philippines, Korea, Japan, Europe and the Middle East. They come in as tourists, students, and just don't leave. Many come in with various kinds of fraudulent or counterfeit documents, marriage fraud, all those sorts of things. And it is those that come in as tourists or come in fraudulently or are hauled in by smugglers who are investigated. Senator PASTORE. This is a $64 question. If we granted you the 100 extra personnel for the new facilities, could you use the money wisely? General CHAPMAN. Yes, sir, we could. We would thereupon hire and train inspectors to man the new international entrance facilities. Senator PASTORE. You know what Judge Tyler had to say. His figure here was that maybe you didn't need all of them. General CHAPMAN. I thought he said that he did support the restoration of the inspections cut and the increase of 100 inspectors to man the new facilities. Mr. POMMERENING. Mr. Chairman, I think the judge was directing his remarks to the investigator positions and possibly the adjudicator positions but not to the inspectors. Senator PASTORE. Are these positions that you just mentioned adjudicator positions? Are they in this $12 million? Mr. POMMERENING. Yes, they are. Senator PASTORE. How do you feel about that? General CHAPMAN. The 100 adjudicators that the House would provide would be put on the job to reduce the enormous backlogs resulting from petitions that citizens and permanent residents present to us for benefits to which they are entitled under the law. Senator PASTORE. How many do you have? General CHAPMAN. We have huge backlogs in all cities. Our adjudicators are sort of administrative law judges. They adjudge petitions that are submitted under the immigration law. HOUSE ACTION ON FBI BUDGET Senator PASTORE. We will take that under advisement. Mr. CALLAHAN. Yes, sir, Mr. Chairman. Senator PASTORE. With reference to the FBI, there is an increment of $27,200,000. Will you in that case tell us whether or not you can wisely use this money and what it is for? Mr. CALLAHAN. We can very definitely use it wisely, Mr. Chairman. There are, I think, six items involved in the $27,200,000 added by the House; $8.1 million is attributable to the administratively uncontrollable overtime item, which had been proposed for reduction. The next is a $7.8 million item which would restore both personnel and funds to permit the training of State and local police at our Academy and through our field police training program. It provides for 121 special agents whose efforts are devoted in that area, as well as 151 support clerical personnel. The next item is the restoration of $1.7 million for within-grade increases. A $5 million item will restore our equipment base to that which we had for our operation in fiscal year 1976. That will permit us to continue an orderly equipment replacement program and will avoid the deterioration of our equipment base or the operation with obsolete equipment. COMPARISON OF FISCAL YEAR 1976 AND FISCAL YEAR 1977 FUNDING LEVEL Senator PASTORE. With this increase that was made by the House, would that put you just about where you are? Mr. CALLAHAN. Mr. Chairman, taking into account a supplemental request of $4,158,000 which is presently pending in the Congress, the FBI's funds available for fiscal year 1976 are expected to be $485,950,000. The fiscal year 1977 funds available, including the addition of $27,200,000 would be $493,977,000, a dollar increase of $8,027,000 over 1976. However, to continue the same level of program effort in fiscal year 1977 as occurred in 1976 would require total funds of $498,491,000 or $4,514,000 more than will be provided by the restoration of $27,200,000. Even with the restoration of these funds, the FBI's permanent staff will be reduced from 19,627 in fiscal year 1976 to 19,579 for fiscal year 1977, a decrease of 48 fullyear employees. The increase of $27,200,000 will in effect restore funds cut from the FBI's budget request and return it nearer to the program level of fiscal year 1976. The funds will permit us and Mr. Kelley to undertake some programs or continue some programs that are very essential and very effective, such as the $1 million for undercover operations which was restored. Those are funds that we will use to operate such functions as the Sting Operation here in Washington, D.C., which was so successful in recovering stolen property, including Government property. An essential item too would be the 202 employees and $3.4 million one that permits us to staff for Freedom of Information Act and Privacy Act responses. You might be interested to know that in the calendar year 1975, we received 13,875 requests under those acts. The peak of daily receipts during that year was 212. At the present time, the average daily requests being received is about 55. We presently have a backlog of requests in excess of 6,000 to respond to and we are not able to meet the 10-day response time. |