EFFECT OF HOUSE ACTION The House disallowed the entire $40,000 for the six positions needed to provide legal services under the 1961 amendments to the Federal Water Pollution Control Act and to the Social Security Act. Two attorneys and one secretary were requested for each of these program areas. The House allowed funds for the operation of a considerably expanded enforcement program under the Federal Water Pollution Control Act amendments. There is presently a backlog of enforcement proceedings to which the strengthened enforcement provisions will be applicable. In addition it is contemplated that there will be an immediate continuing initiation of enforcement proceedings. It cannot be expected that there will be effective legal services in support of the enforcement program with only the present staff of the Public Health Division of the Office of the General Counsel. At present all water pollution enforcement legal work is the part-time responsibility of one attorney. Demands for other water pollution control legal services from the Public Health Division have increased since the enactment of the 1961 amendments, in the form of requests for opinions concerning the new statutory provisions authorizing intermunicipal program grants, the reallotment authority and its modification because of Federal impact, and the application to construction projects of prevailing wage requirements. The Public Health Division as a whole, with only nine authorized attorney positions, is hard put to keep abreast of legal work for the entire Public Health Service. Effective legal services in the expanded enforcement program, and implementation of the other program activities provided for in the 1961 amendments, will require the assignment of at least two additional attorneys to full-time responsibility for water pollution control work. Restoration of $20,000 to provide for legal services under the 1961 amendments to the Federal Water Pollution Control Act is urgently requested. The 1961 amendments to the Social Security Act, increasing the claims load by nearly 30 percent, have already resulted in an increase in the legal services provided by the OASI Division of the Office of the General Counsel, in the form of rendering opinions on the scope and applicability of the amendments and the processing of instructions for the handling of claims under the amendments. If these increased services are to be provided only by the present staff of the OASI Division, there will be additional backlogging of requests for the full range of legal services the Division renders. Restoration of $20,000 to provide legal services under the 1961 amendments to the Social Security Act is urgently requested. 1962 revised appropriation.. Revised transfer from Federal old-age and survivors insurance trust fund. Total.. Total change.. 174 1.409,000 The House disallowed the entire $40,000 for the six positions needed to provide legal services under the 1961 amendments to the Federal Water Pollution Control Act and to the Social Security Act. Two attorneys and one secretary were requested for each of these program areas. The House allowed funds for the operation of a considerably expanded enforcement program under the Federal Water Pollution Control Act amendments. There is presently a backlog of enforcement proceedings to which the strength ened enforcement provisions will be applicable. In addition it is contemplated that there will be an immediate continuing initiation of enforcement proceedings. It cannot be expected that there will be effective legal services in support of the enforcement program with only the present staff of the Public Health Division of the Office of the General Counsel. At present all water pollution enforcement legal work is the part-time responsibility of one attorney. Demands for other water pollution control legal services from the Public Health Division have increased since the enactment of the 1961 amendments, in the form of request for opinions concerning the new statutory provisions authorizing intermunicipal program grants, the reallotment authority and its modification because of Federal impact, and the application to construction projects of prevailing wage requirements. The Public Health Division as a whole, with only nine authorized attorney positions, is hard put to keep abreast of legal work for the entire Public Health Service. Effective legal services in the expanded enforcement program, and implementation of the other program activities provided for in the 1961 amendments, will require the assignment of at least two additional attorneys to full-time responsibility for water pollution control work. Restoration of $20,000 to provide for legal services under the 1961 amendments to the Federal Water Pollution Control Act is urgently requested. The 1961 amendments to the Social Security Act, increasing the claims load by nearly 30 percent, have already resulted in an increase in the legal services provided by the OASI Division of the Office of the General Counsel, in the form of rendering opinions on the scope and applicability of the amendments and the processing of instructions for the handling of claims under the amendments. If these increased services are to be provided only by the present staff of the OASI Division, there will be additional backlogging of requests for the full range of legal services the Division renders. Restoration of $20,000 to provide legal services under the 1961 amendments to the Social Security Act is urgently requested. GENERAL STATEMENT Senator HILL. You may proceed. Mr. WILLCOX. As you know, the water pollution control amendments passed this year contemplate a stepped up program all across the board, and the Public Health Service has presented to you and has presented to the House their plans for expansion of their staff. I feel that there should be some additional legal service provided for that program. As to much of it, the grant program will entail many legal problems, but I want to speak particularly about the enforcement aspects. ATTENDANCE AT CONFERENCES The sponsors of the legislation this year and the witnesses, the groups who have supported the legislation, have put great emphasis on the need for more active Federal enforcement. The estimate is that there will be about 25 enforcement proceedings in the initial or conference stage during the current fiscal year. I think it is highly important that a representative of our office be enabled to attend these conferences and participate in them, which has not been possible in the past. Senator HILL. You have not had the money to do it in the past? Mr. WILLCOX. We have not had the money to do it in the past. We have in effect one-half man-year devoted to this total program, and that has not been enough to make possible our participation in these conferences. These conferences lay the foundation either for an agreement which is in effect a substitute for enforcement action, if the parties will then carry it through voluntarily, or lays the foundation for an actual 75285-61--25 enforcement action; and legal guidance through that process seems to me of the first importance if it is to be an effective enforcement program. So much for water pollution. WORKLOAD INCREASE Our request for OASI is simply a matter of the stepped up total program, with which you are entirely familiar, of course. The workload increase, I think, necessitates some increase in our rather small staff. Senator HILL. What reason did the House give for doing what they did? Mr. WILLCOX. They gave no reason, Senator, and I cannot say. Senator HILL. They just said the budget request for $40,000 including $20,000 in trust funds for additional staff for the Office of the General Counsel had been denied? Mr. WILLCOX. And I know no more than that, sir. Senator HILL. You have not filed any demurrers; have you? Senato HILL. Is there anything you would like to add? Mr. WILLCOX. No; I think that covers the high spots, sir. Senator HILL. We want to thank you very much. It is always good to have you here, sir. Mr. WILLCOX. Thank you, sir. JUVENILE DELINQUENCY AND YOUTH OFFENSES STATEMENT OF WILBUR J. COHEN, ASSISTANT SECRETARY, ACCOMPANIED BY LLOYD E. OHLIN, SPECIAL ASSISTANT TO THE SECRETARY ESTIMATE NOT BEFORE HOUSE Senator HILL. Hon. Wilbur J. Cohen, Assistant Secretary, Juvenile Delinquency and Youth Offenses. This estimate has come up since the House considered this, because we just passed the bill in the last day or so. All right, Mr. Secretary. Mr. COHEN. Senator, I would like to put the full statement in the record. Senator HILL. All right. We will put the full statement in the record. (The statement referred to follows:) STATEMENT BY ASSISTANT SECRETARY OF HEALTH, EDUCATION, AND WELFARE ON 1962 SUPPLEMENTAL ESTIMATE FOR "JUVENILE DELINQUENCY AND YOUTH OFFENSES" Mr. Chairman and members of the committee, delinquency has become a national problem. The rates of delinquency in all sections of the country are increasing faster than the child population. We are losing the fight against delinquency in our local communities. These higher rates of delinquency offer compelling evidence that we are not capturing the energy and vitality of many of our young people. The spread of delinquency must also be seen against the backdrop of increasing numbers of school dropouts and unemployed youth. In the next decade these alarming trends will create an explosive situation. |