appropriation to become subject in January to a Presidential Deferral Request. When Congress rejected the request, we did

not expect the President's Budget for FY '77 to propose a funding level of $10,000,000. When that happened, we did not expect any

Congressional body to take that seriously.

To reiterate, we believe that 93-415 represents Congressional effort to make the future different from the past for this country's Juveniles.

After a year of dealing with an administrative iron

curtain, we have come finally to a point where we might receive 93-415 funds to implement its intent only to face the real possibility that monies may be diminished substantially.

If the act if funded below $18,000,000, the bottom line formula will be cut. If that is the case, the process created to provide a rational base for our ultimate decision regarding Juvenile placement will be aborted and children will be returned

to institutions.

We believe in the intent of the Juvenile Justice and Delinquency Prevention Act. We also believe it can be implemented. Now that

such implementation is within the realm of the possible and over a year has been dedicated to reaching that point, withdrawing funds would represent the cruelest of all possible blows. If that withdrawal were to occur, the major effect of 93-415 would be to have trained a vast number of people to deal with LEAA's interpretation of the Juvenile Justice and Delinquency Prevention Act; people who much prefer and are now ready to deal instead with juvenile justice. If Congress truly intends to make the future different from the past, it must demonstrate that intention by continued funding at a meaningful level of PL 93-415.

Senator PASTORE. May I interrupt you for just a moment. I understand there is a Congressman here who would like to testify. I know he is busy on the other side of the Capitol. Congressman Gil

man.

NONDEPARTMENTAL WITNESSES

STATEMENT OF HON. BENJAMIN A. GILMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

CONSTRUCTION BUDGET SUPPORT

Mr. GILMAN. Mr. Chairman, I thank you for interrupting the testimony. I also thank you and the members of the Senate Appropriations Subcommittee on State, Justice, Commerce, and Judiciary for affording me this opportunity for testifying in support of the proposed construction budget of the Federal Bureau of Prisons.

Contained in the Bureau's request for fiscal year 1977 are construction funds for the proposed Northeast Adult Correctional Facility located in Otisville, N.Y., which is my congressional district.

The need for this facility and the others requested by the Bureau becomes more evident each month. Prison populations have been rising for the past 5 years, from 21,100 in 1970 to 23,333 in 1975.

Since May of 1975, the inmate population in Bureau-operated facilities has risen .14 percent from 23,333 in May of 1975 to today's 26,700. These increases in prison population are also reflected in State prison population statistics. New York State, for instance, has seen a 12 percent increase between January 1975 and January 1976 from a population of 13,287 to 16,056.

These dramatic increases reflect public attitudes which are moving toward a get tough policy, especially toward the professional criminal and repeater. President Ford is not the only Government leader calling for mandatory, longer sentences.

If this policy persists, not only will more people be entering prison, but they will be spending more time there. There will be more inmates and even more inmate days. Total inmate days, of course, are as important in budget and building space considerations as total inmates.

In a report dated April 27, 1976, the General Accounting Office stated that there was an apparent need for additional facilities and that prison populations have increased and are expected to increase further. While increases of the magnitude experienced during the last year are hopefully not expected to continue indefinitely, most indicators reflect an anticipated increase of at least 1 percent per man.

The Bureau indicates that they are approximately 18 percent over capacity at present. If we do not act now in providing a safe, humane environment for Federal offenders, we may be faced with more tragedies like in Attica, which cost the lives of more than 40 persons, including a number of officers.

Let us act now to replace the antiquated iron cells of Atlanta, Leavenworth and McNeil Island. There is clearly a need to provide new, modern and humane facilities for our Federal prison system.

The Federal Bureau of Prisons first came into my district in March of 1975 to meet with a group of community leaders concerning the

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possibility of locating a Federal facility in Otisville, N.Y., which is the present site of a State facility. From its inception, this project has received overwhelming support from the residents of the prospective prison site at Otisville, N.Y., and the surrounding localities. Each successive public meeting on this project has met with the same support.

The only opposition has come from outside the region, from a group called the National Moratorium on Prison Construction, which wants all prison construction to cease. They allege that unless we stop prison construction, the Bureau will not seek alternatives to the iron cells of the past.

That contention has no basis in fact. The Bureau plans to utilize new correctional programs. One such program is the functional unit concept. If the Bureau has set forth their proposal, I urge that this concept be explored at these hearings. I hope that you will explore that concept with some of the Bureau of Prisons' personnel who will be appearing before you today.

Mr. Chairman, permit me to read a statement into the record that was presented at a recent public meeting in my congressional district. The signatures to this statement are representatives of county, city, town, and village governments, local labor leaders, and community leaders. It reads as follows:

"We, the undersigned community representatives, are the authors of the following statement concerning the proposed adult Federal Correctional Facility adjacent to Otisville, N.Y.

"1. First and foremost, we reject the notion of a national moratorium on prison construction in the face of rising crime and the overcrowding of existing facilities. The initial point bearing on the priority of protecting society against its offenders and the second on the need to overcome the inadequate, outdated and insufferable conditions that presently exist.

"2. The Otisville proposal has had widespread dissemination, has been discussed thoroughly and has been endorsed overwhelmingly, particularly by those who would be most directly impacted: the residents of the Otisville area.

"3. The history of such medium Federal security facilities does not pose a threat to the well-being of the community.

"4. As inconsequential as it may appear, we cannot ignore or fail to recognize the overall economic benefits to be derived therefrom, specifically the permanent jobs that will be opened to our citizens and the much more immediate availability of construction jobs to bolster the depressed Orange County economy.

"In summary, it is our collective view that we should take advantage of the opportunity being afforded us and encourage the immediate construction of the facility in proximity to Otisville, N.Y."

Dated: May 6, 1976 Hughes, Ronald, Lafayette Street, Newburgh, N.Y. 12550, president, Orange County Building Trades; Sager, David L., 32 Floral Drive, Newburgh, N.Y. 12550, business representative, Local No. 631, I.B.E.W.; Gallietta, Anthony, 46 Ridgewood Avenue, Middletown, N.Y. 10940, field representative, Local No. 17; O'Grady, James. F., Jr., 52 Highland Avenue, Middletown, N.Y. 10940, president, Castle Communications Corporation; Patterson, Glenn, 31 Field Road, Otisville, N.Y. 10962, Village of Otisville Planning Board; Gar

rison, Peter, County Government Center, Goshen, N.Y. 10924, commissioner, Orange County Planning; Heimbach, Louis, 600 Route 211 E, Town Hall, Middletown, N.Y. 10940, supervisor, Town of Wallkill; Nagenfast, George, Rural Delivery No. 5, Van Burenville Road, Middletown, N.Y. 10940, assistant business manager, I.B.E.W. Local No. 363; Korotky, Michael, Rural Delivery No. 2, Port Jervis, N.Y. 12771, business agent, Bricklayers No. 68; Kisor, Raymond M., State Police, Middletown, N.Y. 10940, major, New York State Police; Terpening, Clarence, Rock Cut Road, Rural Delivery No. 1, Box 156, Walden, N.Y. 12586, special representative, Hudson Valley District Council Carpenter; Barger, Harold, Jr., Rural Delivery No. 2, Box 115, Wallkill, N.Y. 12589, business agent, Hudson Valley District Council of Carpenters, Local 255; Stoll, Fred, Jr., Cuddebackville, N.Y. 12719, town justice, Town of Deerpark; Eccleston, H. Robert, Six Glass Street, Port Jervis, N.Y. 12771, mayor, City of Port Jervis; Coppola, Vincent M., Sr., Box 480, Otisville, N.Y. 10963; Diorio, Lorenzo, Box 356, Vails Gate, N.Y., business manager, Laborers Local No. 17; Hosking, J. R., 106 Franklin Street, Port Jervis, N.Y. 12771, Councilman, Fourth Ward; Pagano, Joseph L., 192 West Main Street, Port Jervis, N.Y. 12771, councilman; Wilbur, Francis, 3 Harding Street, Otisville, N.Y. 10963, councilman, Town of Mt. Hope; Wanser, Donald E., 29 Emboden Avenue, Otisville, N.Y. 10963, mayor, Village of Otisville; Walker, J. Robert, Box 471, Otisville, N.Y. 10963, supervisor, Town of Mt. Hope; Perry, Myron R., 57 Sprague Avenue, Middletown, N.Y. 10940, mayor, City of Middletown; McArdle, Henry, One Lafayette Street, Newburgh, N.Y. 12550, business agent, Local 825, Operating Engineers; Fanning, Jack, One Lafayette Street, Newburgh, N.Y. 12550, business agent, Local 825, Operating Engineers; Otte, Walter W., Rural Delivery No. 4, Box 116, manager, Otisville Office, Chester National Bank; Pagano, John, Box 44, Rural Delivery No. 3, Port Jervis, N.Y. 12771, councilman, Town of Deerpark; Garvey, James F., Box 204, Hugenot, N.Y. 12746, supervisor, Town of Deerpark; Westcott, W. T., Orange County Chamber of Commerce, Middletown, N.Y. 10940.

Clearly, there is overwhelming local support for this proposed prison facility at Otisville.

The need for a Northeast adult institution is critical. Offenders who would be housed at Otisville are now incarcerated in crowded conditions at the Federal Correctional Institution in Danbury, Conn., and in the U.S. Penitentiary in Lewisburg, Pa.

Moreover, because of the intense crowding in the Northeast, the Bureau is forced to place many offenders from New York State in institutions hundreds of miles from their homes and families. The Otisville location is much more accessible to metropolitan New York City than is Lewisburg Penitentiary, not to mention institutions located in other regions.

Moreover, Otisville is located in an area from which major interstate highways radiate to all of the other localities in the Northeast region. Bus transportation from New York City and other Northeast cities is regular and conveniently scheduled. While the community of Otisville is relatively small, the site is located only 12 miles from the city of Middletown, N.Y., which is the center of a marketing area of over 40,000 people. Middletown has excellent educational, housing, recreational, cultural and health care facilities.