Mr. DENTON. Put them in the record. Mr. WILLCOx. All right. (The information follows:) BACKLOGS IN OFFICE OF THE General Counsel There are currently pending 1,923 actions in the Federal courts to review dis allowances of old-age, survivors, and disability insurance benefits. In 549 of 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 Sch Congress, 534 have not been completed. (An additional 41 are pending clearance by the Bureau 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 extramural programs (Public Law 89-291); health professional school improvement and scholarship grants (Public Law 89-290); motor vehicle air pollution control 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 surplus property matters, 9 fiscal questions, and 5 matters relating to litigation. PRODUCTIVITY OF LAWYERS Mr. DENTON. 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. WILLCOXx. 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. DENTON. I think that is all. Mr. FOGARTY. Mr. Shriver. NUMBER OF LAWYERS IN HEW Mr. SHRIVER. How many lawyers in all are working in some phase of legal work in HEW? Mr. WILLCOX. In our office there are 133 at the present time. 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. Mr. SHRIVER. It is out of the trust fund? Mr. WILLCOx. Yes. Mr. SHRIVER. That is all. Mr. FOGARTY. Mr. Flood. 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? Mr. WILLCOX. Yes, sir. Mr. FLOOD. That is all, Mr. Chairman. Mr. FOGARTY. Thank you very much. Mr. WILLCOX. Thank you, Mr. Chairman. JUSTIFICATION MATERIAL SALARIES AND EXPENSES, OFFICE OF THE GENERAL COUNSEL Transfer from "Food and Drug Administration, revolving fund for certification and other services". Actual transfer from economic opportunity program. Total.. Obligations by activity 1966 estimate Summary of changes 1966 enacted appropriation.‒‒‒‒ Transfer from: Old-age and survivors insurance trust fund...--Food and Drug Administration, revolving fund.... Actual transfer from economie opportunity program.. Comparative transfer from Office of Education_ Comparative transfers from Public Health Service... 1966 total estimated obligations. Total change.... 1,391, 300 1,086,000 29,000 23.000 18.000 33,000 2,780,300 3,138,000 337,300 INCREASES Mandatory: 1. Annualization of 70 positions authorized in 1966– 197, 192 52, 001 Total mandatory. 249, 193 Program: 1. 18 new positions and related expenses requested in 1967----2. Increased telephone service costs---- Total, program--- Gross increases_ DECREASES Nonrecurring first year costs for new positions-- Total net change requested--- EXPLANATION OF CHANGES 159, 021 6,520 165, 541 414, 734 -57, 234 357, 500 1. Eighteen new positions requested in 1967 (a) Public Health Division.-Three new positions (two GS-12 attorneys and one GS-5 secretary) are requested to meet the need for additional legal services in connection with increased water pollution control activities, new programs of the National Library of Medicine, and the heart, cancer and stroke amendments of 1965. (b) Health Insurance Division.-In fiscal 1966 a new Health Insurance Division with 11 attorney and 6 clerical positions was created to furnish legal advice and services in connection with the administration of the health insurance programs established by title XVIII of the Social Security Act. Four additional positions (two GS-13 and one GS-11 attorneys and one GS-5 secretary) are requested to handle the increase in work which will accompany the initiation of benefits under title XVIII in fiscal 1967. (c) Welfare and Rehabilitation Division.-The former Welfare and Education Division has been divided into two divisions: The Welfare and Rehabilitation Division and the Education Division. The Welfare and Rehabilitation Division provides legal services to the Welfare Administration, the Vocational Rehabilitation Administration, the Administration on Aging and the Bureau of Federal Credit Unions. By fiscal 1967, the public assistance provisions of the Social Security Amendments of 1965, the Vocational Rehabilitation Act Amendments of 1965, and Older Americans Act of 1965 will become fully operative. It is requested that one new attorney (GS-13) be authorized to help meet increased legal workload anticipated in fiscal 1967. (d) Regional and Field.-Ten positions (two GS-12 and seven GS-11 attorneys and one GS-5 secretary) are requested to supplement the legal staff in each of the nine regional offices during fiscal 1967 when the full impact of the new health insurance program will occasion increased workload in the field that cannot be handled with 1966 staffing. 2. Other increases An increase of $6.320 is requested to meet the costs of rising telephine eh 172This expanded cost is based on estimates subalitted by the General NATT, ministration at a rate of $1.90 per instrument per month and rase I i′′ A. Immediate Office of the General Counsel.-This unit consists of the General Counsel, the Associate General Counsel, three secretaries, the administrative officer, a budget clerk, and three file clerks who maintain control files for three divisions of the office. This unit provides overall professional supervision and coordination, and handles the fiscal, personnel, and other managerial work for the entire office. B. Legislation Division.-This Division is responsible for the preparation or review of all Department reports on proposed Federal legislation; assistance in the development of the Department's legislative program; drafting of all Department legislative proposals, and, when called upon, appropriation bill language; assistance to other Federal agencies, congressional committees and their staffs, and House and Senate legislative counsel in drafting bills, and committee reports on bills, affecting the Department; and providing legal advice on international activities at the departmental level. The reporting workload of the Division continues at the very high level of recent years. Out of 1,103 requests for reports received on 89th Congress, 1st session, bills (as of December 31, 1965), the preparation or review of only 377 reports (covering 479 of these requests) had been completed. There was then a backlog in the Division of 47 reports (covering 60 active requests). Thirv three departmental bills have been drafted, as have numerous amendments to these and other bills, C. Business and Administrative Law Division.—This Division handles the myriad legal problems often referred to as "housekeeping" problems, and a.80 enders legal services for the Department's surplus property, civil defense and curity programs. The workload of this Division of necessity increases with |