approve these applications and get this money out and if they stack up on the desks of the lawyers to the point where they cannot process and approve them they finally get them out withcut legal approval. This means that if we have been paying out money which is contrary to the statute it is because we have not had a chance or opportunity or staff enough with which to screen the applications in advance. Does that answer your question sufficiently, Senator?

DUPLICATION OF FUNCTIONS

Senator THYE. Well, I do recognize some duplication. You examine and then there is another one that spot-checks out there. Mr. BANTA. No; that is an administrative review.

Senator THYE. Well, you just can't do it saying that you have to look at it.

Mr. BANTA. No; that is an administrative review.

I have not then made myself clear. Once a plan is approved the situation is this

Senator THYE. Yes, sir.

Mr. BANTA. The Chief of the Bureau of Public Assistance has pointed out that as often as once in 5 years, his people check to see whether, administratively, they are following the plan submitted and approved. Our function ought to be, and is, to examine plans before they ever go into effect at all, so there is no duplication, to see whether or not the plan which represents a contract between the State and the United States Government meets the terms of the statute. We, therefore, should examine every plan as it is submitted.

I point out that if the one program of public assistance which Mr. Roney mentioned this morning would increase their administrative work by 50 percent it will increase ours equally, if not more, because we should examine every one of those plans when application for approval is made with a view to determining their legality, and that is not a duplication. That is a different thing from an administrative review which they make every 5 years in the State or which they want to make and perhaps should make every 5 years.

RECENT STATUTES INCREASING DUTIES

Senator HILL. If you have not done so, Mr. Banta, in your statement which you filed, I hope you will give a list of the statutes we have passed in the last sessions that has increased these duties. Now it is not necessary for you to read them now, but if you have not got them, I suggest you do that. I am familiar with most of them, I think, but we ought to have it for the record. You referred to the one statute. There are quite a few others that increased your duties, you see, so if you do not have a copy of that list in your statement for the record, I hope you will be sure to get us that tabulation. Mr. BANTA. I will see that it is provided.

May I continue to read?

Senator HILL. Proceed?

Mr. BANTA. As an example of increased workload, there has been new legislation for construction of research facilities and sewagetreatment works involving numerous applications for grants which should be carefully screened to determine legal eligibility.

91359-57--105

Senator HILL. That is a new program?

Mr. BANTA. That was just passed by the last Congress.

In addition to the increased activity of the Food and Drug Administration which already prevails, a further substantial expansion of its program of investigation and enforecment is indicated. Such increased activity will generate an additional workload for the Office of the General Counsel, and enforcement activities will be handicapped and delayed if the office is not adequately staffed.

Senator HILL. When you speak about the activities, you have in mind now the bill pending before Congress?

Mr. BANTA. Well, the House, and I may be wrong about this, but I am sure you would recall, the House has increased the appropriation for the Food and Drug Administration by approximately 25 percent so that their activities will be increased accordingly.

Senator HILL. They make a definite increase in the Food and Drug Administration.

Mr. BANTA. Yes. Of course, we don't think our work will be increased in proportion to that increase, but it will generate additional litigation at least.

EXPANSION OF SOCIAL SECURITY

Other programs of the Department which have been substantially expanded are those of the Social Security Administration. Applications for benefits now approximate 75,000 per week, an increase of at least 50 percent since the 1956 amendments. Since a certain percentage of claims always require legal service, it is obvious that this increase of applications if properly and promptly serviced will require an increased staff.

All necessary legal service to the Department cannot be furnished with the funds provided by the House bill, and we respectfully appeal to the Senate for the restoration of $79,000 of the $86,000 decrease from our 1958 appropriation request.

If it is important to explain that difference, it results, as I understand it, from some error made in the calculation of the contribution toward the retirement fund. In other words, there was an error amounting to $7,000 relating to the contributions to the retirement fund, and having caught that error, we are asking for $7,000 less than the amount by which the House decreased our request.

Now, I think in the statement I did mention all of the statutes, but with your suggestion, Senator Hill, I shall provide you with a list of the statutes.

LIST OF RECENT LAWS INCREASING WORKLOAD

Senator HILL. When you provide that list for the record, if there are any particular comments you feel that will be helpful to Senator Thye or any other members of the committee, will you please put that in, too?

Mr. BANTA. Yes. I appreciate that very much. (The information requested follows:)

PUBLIC LAWS ENACTED BY THE 83D AND 84TH CONGRESSES WHICH HAVE INCREASED THE FUNCTIONS AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, AND HAVE IN TURN SIGNIFICANTLY INCREASED THE WORKLOAD OF THE OFFICE OF THE GENERAL COUNSEL

HEALTH

Public Law 482, 83d Congress: "To amend the hospital survey and construction provisions of the Public Health Service Act to provide assistance to the States for surveying need for diagnostic or treatment centers, for hospitals for the chronically ill and impaired, for rehabilitation facilities and for nursing homes, and to provide assistance in the construction of such facilities through grants to public and nonprofit agencies, and for other purposes."

Public Law 568, 83d Congress: "To transfer the maintenance and operation of hospital and health facilities for Indians to the Public Health Service, and for other purposes."

Public Law 159, 84th Congress: "To provide research and technical assistance relating to air pollution control."

Public Law 377, 84th Congress: "To provide grants to assist States to meet the cost of poliomyelitis vaccination programs, and for other purposes.'

Public Law 411, 84th Congress: "To extend through June 30, 1957, the duration of the Poliomyelitis Vaccination Assistance Act of 1955.”

Public Law 569, 84th Congress: "To provide medical care for dependents of members of the uniformed services, and for other purposes.'

Public Law 660, 84th Congress: "To extend and strengthen the Water Pollution Control Act."

Public Law 830, 84th Congress: "To confer upon Alaska autonomy in the field of mental health, transfer from the Federal Government to the Territory the fiscal and functional responsibility for the hospitalization of committed mental patients, and for other purposes.'

Public Law 835, 84th Congress: "To amend the Public Health Service Act so as to provide for grants-in-aid to non-Federal public and nonprofit institutions for the constructing and equipping of facilities for research in the sciences related to health."

Public Law 911, 84th Congress: "To improve the health of the people by assisting in increasing the number of adequately trained professional and practical nurses and professional public health personnel, assisting in the development of improved methods of care and treatment in the field of mental health, and for other purposes."

EDUCATION

Public Law 597, 84th Congress: "To promote the further development of public library service in rural areas."

SOCIAL SECURITY

Public Law 761, 83d Congress: "To amend the Social Security Act and the Internal Revenue Code so as to extend coverage under the old-age and survivors insurance program, increase the benefits payable thereunder, preserve the insurance rights of disabled individuals, and increase the amount of earnings permitted without loss of benefits, and for other purposes."

Public Law 880, 84th Congress: “To amend title II of the Social Security Act to provide disability insurance benefits for certain disabled individuals who have attained age 50, to reduce to age 62 the age on the basis of which benefits are payable to certain women, to provide for continuation of child's insurance benefits for children who are disabled before attaining age 18, to extend coverage, and for other purposes.

Public Law 881, 84th Congress: "To provide benefits for the survivors of servicemen and veterans, and for other purposes.'

VOCATIONAL REHABILITATION

Public Law 565, 83d Congress: "To amend the Vocational Rehabilitation Act so as to promote and assist in the extension and improvement of vocational rehabilitation services, provide for a more effective use of available Federal funds, and otherwise improve the provisions of that act, and for other purposes."

FOOD AND DRUG

Public Law 518, 83d Congress: "To amend the Federal Food, Drug, and Cosmetic Act with respect to residues of pesticide chemicals in or on raw agricultural commodities."

Senator HILL. Thank you very much, Mr. Banta.

Mr. BANTA. Thank you.

Senator HILL. Your prepared statement will be inserted in the record.

SURPLUS PROPERTY UTILIZATION

STATEMENTS OF MR. CHESTER B. LUND, DIRECTOR, OFFICE OF FIELD ADMINISTRATION; MR. WILLIS T. FRAZIER, CHIEF, DIVISION OF SURPLUS PROPERTY; AND MR. JAMES F. KELLY, DEPARTMENT BUDGET OFFICER

APPROPRIATION ESTIMATE

Surplus property utilization: For expenses necessary for carrying out the provisions of subsections 203 (j), (k), (n), and (o), of the Federal Property and Administrative Services Act of 1949, as amended, relating to disposal of real and personal excess property for educational purposes and protection of public health, [$450,000] $502,000.

Funds available for obligation

Senator HILL. Now, Mr. Lund, you may make a statement for the second time for us today on surplus property utilization in the Office of the Secretary.

Mr. LUND. I have a brief summary statement in addition to the full statement.

Senator HILL. That full statement will be inserted in the record at this point.

(The statement referred to follows:)

STATEMENT BY DIRECTOR, OFFICE OF FIELD ADMINISTRATION ON SURPLUS PROPERTY UTILIZATION

The Federal Property and Administrative Services Act of 1949 (Public Law 152, 81st Cong.), as amended, assigned to the Secretary three major responsibilities in the field of surplus property: (1) determination of surplus personal property needed for educational and public health purposes, including research, and the allocation of that property to State agencies for distribution to educational and public health institutions; (2) disposal of surplus real property for educational and public health purposes, subject to the 30-day right of disapproval of the Administrator of the General Services Administration; and (3) administering the interests and rights reserved to the United States under the terms and conditions of transfers made for educational and public health services, including the coordination of recapture of property for use during national emergencies. By delegation of authority from the Federal Civil Defense Administrator, the Secretary is also responsible for allocation of surplus personal property for civil defense purposes. Funds for this portion of the program are obtained by transfer from Federal Civil Defense Administration.