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(The information to be supplied follows:) DESCRIPTION OF FUNCTIONS OF New Positions REQUESTED BY OFFICE OF THE
GENERAL CotySEL Positions requested to meet increased legal services and case workload are as follows:
Public Health Division.—The attorney positions are intended primarily to in. terpret questions arising from and developing regulations related to (1) the dently authorized national library of medicine grant program (Public Law 84-211; (2) heart disease, cancer and stroke amendments of 1965 (Public Law 89-939: ; and (3) expanded water pollution control activities. The attorneys will render technical advice on such items as the eligibility and accountability of grantes and will play their key role in the preparation and application of regulations under the two new grant programs mentioned above. The secretarial positius will provide typing and stenographic assistance as necessary.
Health Insurance Division. The three attorneys are expected to deal primarily with administrative and judicial review of the mass of legal problems expected to arise when the program for health insurance for the aged goes into effet July 1, 1966. The secretarial position will provide typing and stenographic services as necessary.
Welfare and Rehabilitation Division. The attorney position reqnested will be used to render legal consultations, advice and interpretations related to the recently enacted Older Americans Act of 1965 and the vocational rehabilitatii amendments of 1965. The position will assist in the development of regulations for the new and expanded programs and will be expected to interpret questions on such items as the legality of applications, State plans, grants, contracts, etc.. which arise.
Regional and field. The nine attorney positions requested will supplement the existing staff in each region and their attention will be directed to the problems expected to be associated with the health insurance for the aged program. They will work primarily with the regional health insurance staff of the Social Set rity Administration. The secretarial position, to be located in Boston, will prir vide necessary supporting services.
CIVIL RIGHTS ACTIVITIES
Mr. Fogarty. How much do you have budgeted for civil rights activities in 1966 and how much for 1967?
Mr. Willcox. We have no breakdown by that category, Mr. Chais. man. ('ivil rights work spreads through a large part of our online because so many of the programs are involved in it, and we have been handling that work almost entirely simply as a part of the advisory service to the Public Health Service, to the Welfare Administration, and so on. We do have two attorneys and one secretary who have been working full time on civil rights matters.
Mr. FOGARTY. What would happen if we took out all of the request for civil rights and put it in your office?
Mr. Willcox. Chaos, I should think.
Mr. Willcox. The civil rights work is an ongoing part of all of the grant programs, and it would seem to me that the administrative officials responsible for making the grants, responsible for enforcing all of the other Federal conditions that are attached to the grantsas you know, in public assistance, for example, there is a great variety of conditions that the States have to meet to be eligible for these grants—and the Civil Rights Act merely adds one more to those. It would seem to me that dividing the decisional authority in making grants would, at least, complicate the administration. Perhaps I exaggerate when I say "chaos.” Perhaps it could be worked out.
I should think it is much wiser to keep the decisional responsibility for making public assistance grants, for example, in the Commissioner of Welfare who makes the decision on all other aspects of the grants.
Mr. FOGARTY. Mr. Denton.
TRANSFER OF EMPLOYEES FOR WATER POLLUTION CONTROL Mr. DENTON. I notice that one reason you want extra attorneys is because of the emphasis on water pollution control under Public Law 89-234. In the event that agency should be transferred to Interior, you wouldn't need that extra number of employees, would you?
Mr. WILLCOX. We met this morning with the Solicitor for the Department of the Interior, sir, and tentatively, at least, our conclusion was, if this committee and Congress approved this request, that one of those positions would be transferred along with two professional positions we already have in that division.
Mr. DENTON. Three of the positions you need would be transferred?
Mr. WILLcOX. Yes. I think the request for increase must be made in our appropriation, even thought it is for transfer, if the transfer plan is allowed to take effect.
Mr. Willcox. It varies in different parts of the office. A good deal of our work is work that really can't have a backlog much, because the grants have to be approved, and so on. We simply do the best we can to give advice as things go along:
We have a backlog in the litigation work in OASI, a heavy litigation load. There is a backlog in part of our Food and Drug Office. There is a considerable backlog in our Legislative Division on processing of reports on individual bills.
Mr. DENTON. How bad is that backlog on education ? On public health how far back are you, the Pure Food and Drug? Mr. Willcox. In Food and Drug, I can't tell you the figures offhand,
I sir. It would be in the processing, for instance, of the notices of judgment. I can get the current figures for you.
Mr. DENTON. Put them in the record.
BACKLOGS IN OFFICE OF THE GENERAL COUNSEL There are currently pending 1,923 actions in the Federal courts to reries die allowances of old-age, survivors, and disability insurance benefits. In 549 these cases no work has as yet been done in our office.
In the Food and Drug Division there was, on March 1, a backlog of 57 criminal cases and 216 notices of judgment.
Of 1.157 requests for legislative reports received since the opening of the h Congress, 534 have not been completed. (An additional 41 are pending clearance by the Burean of the Budget, and may require further work by our Office.)
In the Public Health Division the most serious backlog, not measurable statistically, is in the preparation of regulations under new legislation : heart, cancer. and stroke program (Public Law 89_239); National Library of Medicine estre. mural programs (Public Law 89–291); health professional school improvement and scholarship grants (Public Law 89–290) ; motor vehicle air pollution contra and solid waste disposal (Public Law 89-272). In the program of collection from third parties liable for the cost of hospital and medical care, 384 cases are awaiting initial review, and 159 pieces of correspondence are awaiting response. Foreign quarantine penalty cases awaiting review number 21.
A total of 190 matters have been pending in the Business and Administrative Law Division for 30 days or more : 53 patent matters, 50 administration and houskeeping matters, 39 tort claims, 23 contracts and contract problems, 11 sur. plus property matters, 9 fiscal questions, and 5 matters relating to litigation.
PRODUCTIVITY OF LAWYERS
Mr. Dextox. Have you put in any system to try to determine what lawyers are doing the work expeditiously and what ones are dilatory, or what lawyers just cannot dispose of a case? Have you put a system in to determine that?
Mr. Willcox. It is really only the eye that each supervisor can keep on his own staff. I don't think you can say it is an organized system.
Mr. DENTON. You know the system that was put in by Mr. Chandler in the Federal courts where they kept check on what the judges did. Do you have anything similar to that in your office?
Mr. Willcox. No; I can't say we do.
Mr. DENTON. The reason I am asking that, you have some lawyers who can get rid of cases expeditiously, and some who can't. Unless there is some check, I think you are going to have a great deal of difficulties. The lawyers are good lawyers, but they just don't have the ability to dispose of anything. Unless you have some check, I think you are going to have quite a bit of waste.
Mr. Willcox. It is the responsibility of each supervisor to keep his staff working at a reasonable pace, or as fast as they can.
Mr. DEXTOX. I think that is all.
NEUBER OF LAWYERS IX HEW Mr. SHRIR. How many lawyers in all are working in some place of legal work in HEW?
Mr. WILLCOX. In our office there are 133 at the
present time. Mr. SHRIVER. And your positions that are authorized are all filled ? Mr. WILLcOx. No; we have some vacancies.
Mr. SHRIVER. You mentioned 18 new positions. I think you said they were largely for medicare.
Mr. Willcox. That is right.
Mr. SHRIVER. Is this charged against the trust account, the medicare account, or is it out of general funds?
Mr. WILLCOX. The trust fund.
CIVIL RIGHTS FUNCTIONS
Mr. FLOOD. I was curious about the conversation you and Mr. Fogarty had vis-a-vis civil rights, and your own statement, in the last paragraph of your original statement here today, on rehabilitation and education caseload having to do with the enforcement of title VI. That seems to be completely different than what you said to Mr. Fogarty.
Mr. Willcox. Perhaps I should expand on that. The day-to-day enforcement of civil rights legislation under title VI is a part of the grant process. That, as I say, is like any other condition attached to the Federal grants. In the performance of that function, the administrative officers have to decide a great many questions, and we help by advising on those questions, just as we do on all of the other conditions of the grant, whether in our opinion such and such an action complies with the Federal requirement.
There is also, under the Civil Rights Act, a machinery in case voluntary efforts to obtain compliance fail, and then there is a procedure for administrative hearing. At that point, when it is decided to call a hearing in a particular case, our office does take over and conducts the hearing.
Mr. Flood. In the nature of trial examiners, and so on?
Mr. Willcox. That is right. They are tried before Administrative Procedure Act hearing officers.
Mr. FLOOD. Is that in your shop?
Mr. Willcox. The hearing officers are not in our shop. The presentation of the case on behalf of the Government is our responsibility:
Mr. FLOOD. At what time does the U.S. district attorney take over?
Mr. Willcox. He doesn't get into it in the administrative stage, sir. The law also provides, after the hearing process is completed, for judicial review. No cases have got to court yet, but when they do that will be the responsibility of the Department of Justice.
Mr. Flood. That is what you mean by enforcement?
SALARIES AND EXPENSES, OFFICE OF THE GENERAL COUNSEL
Amounts available for obligation
tion and other services".
Total number of permanent positions.
Permanent positions.. 12 Personnel benefits 21 Travel and transportation of persons. 22 Transportation of things.... 23 Rent, communications, and utilities. 24 Printing and reproduction. 25 Other Service 26 Supplies and materials. 31 Equipment....
Total, obligations by object..
$2, 369, 705
4, 106 16,41 22, 129 67, 443
4, 105 17, 251 23, 2009 52, A3
3, 138, 000