NATIONAL SERVICE CORPS

TUESDAY, MAY 28, 1963

U.S. SENATE,

SUBCOMMITTEE ON THE NATIONAL SERVICE CORPS

OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 4221, New Senate Office Building, Senator Harrison A. Williams, Jr. (chairman of the subcommittee) presiding.

Present: Senators Williams (presiding), Burdick, Tower and Javits.

Subcommittee staff members present: Frederick R. Blackwell, counsel to the subcommittee; Harry Wilkinson, associate counsel; Woodruff Price, research assistant; George Denison, minority associate counsel; and Robert Locke, minority research assistant.

Committee staff member present: Stewart E. McClure, chief clerk. Senator WILLIAMS. The Subcommittee on Migratory Labor will come to order.

Senator WILLIAMS. In this era of space exploration, when so much of our energy as a nation is devoted to conquering new worlds in space, it is easy to forget that here in America there are unknown places and people, existing in the world of the "invisible poor." The world of the migrant, of the child in the slum, of the Indian on a reservation would be just as strange to many of us as the moon. Poverty, hardship, and suffering are the age-old burdens of mankind, but their eradication demands the same ingenuity, the same determination and the same sense of dedicated purpose as the space race. As we reach for the stars, we must not forget the earth below. The National Service Corps, which we are considering today, will be one way in which the great talents of Americans can be brought to bear on the seemingly eternal curse of poverty and suffering.

Not many of us realize that almost one-sixth of this country's population live in hardship and suffering. Estimates of the number run as high as 38 million. In a country which has achieved the highest standard of living in the history of mankind, it is hard to imagine, or even believe, that poverty on this scale could possibly exist. There are, of course, many dedicated individuals who have given their lives to the task of helping the sick and the needy. But these hardworking people in our schools, in our mental hospitals, in the many private and public agencies at the local level, cannot cope unaided with these immense problems. They must have the help of dedicated volunteers and the support of the community.

Composed of citizens willing to give of their time and skills to help their less fortunate countrymen, the Corps will embody the American tradition of voluntary help. The corpsmen will serve as an example

that the voluntary efforts of individuals working together can achieve effective results. By focusing the attention of the public on the still unsolved problems of our society, they will inspire others to join in the battle against want and hardship.

The projects on which the corpsmen could work are numerous. The President's Study Group has received requests for corpsmen to participate in 54 different projects in 22 States. Even though it is still in the planning and study phases, the Corps has brought forth an enthusiastic response; it has generated new ideas and new approaches to age-old problems. We will be hearing from some of the people in the communities where these model projects were developed. They will demonstrate, I think, not only the variety of ways in which a team of corpsmen would be useful but also the very close involvement that local communities will have with the projects undertaken by the Corps volunteers.

There are a number of things that we will look into and consider as far as the actual working of the Corps is concerned. We will want to consider the relation of the Corps to the States and communities in which it will be working. The fact that projects will be locally initiated and locally administered should make it clear that this is not, in the usual sense, a Federal program. Nor, when we consider the response from so many communities across the country, should it be one confined only to areas of Federal jurisdiction. However, the relationship should be made very clear, and I am sure that in the course of these hearings a good deal of the questions which now exist on this point will be answered.

We have an exciting and necessary program before us. I am sure that by the time these hearings are over, we will have a record showing the need for a voluntary National Service Corps and the valuable contribution it can make to the well-being of the Nation.

We begin hearings today on S. 1321, which has been referred to us by Chairman Hill's letter of May 24. As a matter of general convenience and efficiency, both to the public and to subcommittee members, the subcommittee is convened as the Subcommittee on the National Service Corps for the purpose of conducting hearings and deliberations on the bill (S. 1321) preparatory to our report to the full Committee on Labor and Public Welfare.

(S. 1321 and departmental reports follow:)

[S. 1321, 88th Cong., 1st sess.]

A BILL To provide for a National Service Corps to strengthen community service programs in the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "National Service Corps Act".

SEC. 2. In the United States there remain critical human needs in this time of general prosperity. In this Nation of great human resources, many more of our citizens should be encouraged to serve in their local communities to help meet these needs.

The purposes of this Act are to open new opportunities for full-time srevice working with those Americans in greatest need; to illuminate those needs, so as to expand the attack on deprivation in the United States; to motivate many more citizens to volunteer their services in their own communities, thus encouraging communities to help themselves; and to inspire more people to choose professions that serve their fellow citizens.

The Congress of the United States declares that it is the policy of the United States to carry out the purposes of this Act through a National Service Corps which will be composed of carefully selected men and women of all ages who shall be made available-upon local invitation and in cooperation with interested governmental and nongovernmental agencies-to serve for a limited time in projects directed toward the critical human needs of our countrymen. These projects may include projects designed to make corpsmen available for work with persons in institutions for the mentally ill and mentally retarded and during their return to normal living; in meeting the health and education needs of migratory workers and their families, Indians living on and off reservations, and residents of depressed areas and rural and urban slums; in care and rehabilitation of the elderly, the disabled, the delinquent young and dependent children; in improving standards of educational opportunity; and in other projects directed toward critical human needs. To the extent possible, each project carried out under this Act shall provide for contributions by the cooperating agencies.

AUTHORIZATION

SEC. 3. (a) The President is authorized to carry out projects in furtherance of the purposes of this Act, on such terms and conditions as he may determine. (b) Before undertaking a project, the President shall assure himself that it will not displace regular workers or duplicate or replace an existing service in the same locality.

(c) There are hereby authorized to be appropriated to the President for the fiscal year commencing July 1, 1963, not to exceed $5,000,000, and for each succeeding fiscal year such amounts as the Congress may determine to be necessary to carry out the purposes of this Act.

DIRECTOR OF THE NATIONAL SERVICE CORPS AND DELEGATION OF FUNCTIONS

SEC. 4 (a) The President may appoint, by and with the advice and consent of the Senate, a Director of the National Service Corps, whose compensation shall be fixed by the President at a rate not in excess of $20,000 per annum. The President may appoint a Deputy Director of the National Service Corps, whose compensation shall be fixed by the President at a rate not in excess of $19,500 per annum.

(b) The President may exercise any functions vested in him by this Act through such agency or officer of the United States Government as he shall direct. The head of any such agency or any such officer may promulgate such rules and regulations as he may deem necessary or appropriate to carry out such functions, and may delegate to any of his subordinates authority to perform any of such functions.

NATIONAL SERVICE CORPS CORPSMEN

SEC. 5. (a) The President may enroll in the National Service Corps for service in the United States qualified citizens and nationals of the United States (referred to in this Act as "corpsmen"). The terms and conditions of the enrollment, training, compensation, hours of work, benefits, leave, termination, and all other terms and conditions of the service of corpsmen shall be exclusively those set forth in this Act and those consistent therewith which the President may prescribe; and, except as provided in this Act, corpsmen shall not be deemed officers or employees or otherwise in the service or employment of, or holding office under, the United States for any purpose.

(b) Whenever the President determines that it is in the national interest, he may, under such terms and conditions as he may deem appropriate, enroll qualified foreign nationals in the Corps for service in the United States.

(c) Corpsmen shall be provided with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, subsistence, and clothing as the President may determine to be necessary for their maintenance and to insure their health and their capacity to serve effectively. Transportation and travel allowances may also be provided, in such circumstances as the President may determine, for applicants for enrollment to or from places of training and places of enrollment, and for former corpsmen from places of termination to their homes in the United States.

(d) Corpsmen shall be entitled to receive an adjustment allowance at a rate not to exceed $75 for each month of satisfactory service as determined by the President. The adjustment allowance of each corpsman shall be payable at

the termination of his service, or may be paid during the course of his service to the corpsman, to members of his family or to others, under such circumstances as the President may determine. In the event of the corpsman's death during the period of his service, the amount of any unpaid adjustment allowance shall be paid in accordance with the provisions of section 1 of the Act of August 3, 1950 (5 U.S.C. 61f).

(e) Corpsman leaders may be designated from among the corpsmen under this Act and assigned supervisory or other special duties or responsibilities.

(f) Corpsmen shall, for the purpose of the administration of the Federal Employees' Compensation Act (39 Stat. 742), as amended, be deemed to be civil employees of the United States within the meaning of the term "employee" as defined in section 40 of such Act and the provisions thereof shall apply except as hereinafter provided.

(1) In computing compensation benefits for disability or death under the Federal Employees' Compensation Act, the monthly pay of the corpsman shall be deemed to be at the lowest rate provided for grade 7 of the general schedule established by the Classification Act of 1949, as amended.

(2) Entitlement to disability compensation payments and other benefits under the Federal Employees' Compensation Act shall commence on the day after the date of termination of service.

(3) In any case in which the injured corpsman, or his dependents in case of death, receives from the entity to which the corpsman was detailed or assigned or made available pursuant to section 5(j) of this Act any payment (including any allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by that organization, or other benefit of any kind), on account of the same injury or death, the amount of such payments shall be credited against any benefits payable under the Federal Employees' Compensation Act as follows:

(A) payments on account of injury or disability shall be credited against disability compensation payable to the injured corpsman; and

(B) payments on account of death shall be credited against death compensation payable to dependents of the deceased corpsman.

(g) Corpsmen shall be deemed to be employees of the United States for purposes of the Internal Revenue Code of 1954 and of title II of the Social Security Act, and any service performed by an individual as a corpsman shall be deemed for such purposes to be performed in the employ of the United States. (h) Corpsmen shall receive such health care during their service, and such health examinations and immunization preparatory to their service, as the President may deem necessary or appropriate. Subject to such conditions as the President may prescribe, such health care, examinations, and immunization may be provided for corpsmen in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall be reimbursed from appropriations available under this Act. (i) (1) Any period of satisfactory service of a corpsman under this Act shall be credited in connection with subsequent employment in the same manner as a like period of civilian employment by the United States Government

(A) for the purposes of the Civil Service Retirement Act, as amended (5 U.S.C. 2251, et seq.), section 852 (a) (1) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1092 (a) (1)), and every other Act establishing a retirement system for civilian employees of any United States Government agency; and

(B) except as otherwise determined by the President, for the purposes of determining seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil Service Commission, the Foreign Service Act of 1946, and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided, That service of a corpsman shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment.

(2) For the purposes of paragraph (1)(A) of this subsection, corpsmen shall be deemed to be receiving compensation during their service at the rate of adjustment allowances payable under section 5 (c) of this Act.

(j) The President may detail or assign corpsmen or otherwise make them available to any entity referred to in paragraph (1) of section 7(a) on such terms and conditions as he may determine: Provided, however, That any corpsman so detailed or assigned shall continue to be entitled to the allowances, benefits, and privileges of corpsmen authorized under or pursuant to this Act.

(k) Corpsmen shall be deemed employees of the United States Government for the purposes of the Federal Tort Claims Act and any other Federal tort liability statute and for the purposes of section 595 of title 18 of the United States Code, and for the purposes of section 9 of the Act of August 2, 1939, as amended (5 U.S.C. 118i).

(1) The service of a corpsman may be terminated at any time at the pleasure of the President.

(m) Upon enrollment in the National Service Corps, every corpsman shall take the oath prescribed for persons appointed to any office of honor or profit by section 1757 of the Revised Statutes of the United States, as amended (5 U.S.C. 16).

(n) The President shall make provision for such training as he deems appropriate for each applicant for enrollment as a corpsman and each enrolled corpsman. All the provisions of this Act applicable to corpsmen shall be applicable to applicants for enrollment as such during any period of training occurring prior to enrollment, and the term "corpsmen" shall include such applicants during any such period of training.

(0) The number of corpsmen enrolled under this Act shall not exceed one thousand at any given time during the fiscal year commencing July 1, 1963, and shall not exceed five thousand at any time thereafter, unless otherwise authorized by the Congress.

NATIONAL SERVICE CORPS EMPLOYEES

SEC. 6. The President may employ such persons as he deems necessary to carry out the provisions and purposes of this Act. Except as otherwise provided in this Act, such persons (hereinafter sometimes referred to as "employees") shall be employed in accordance with and shall be subject to the laws applicable to personnel employed by the United States Government.

GENERAL POWERS AND AUTHORITIES

SEC. 7. (a) In furtherance of the purposes of this Act, the President may(1) enter into, perform, and modify contracts and agreements and otherwise cooperate with any agency of the United States Government or of any State or any subdivision thereof, other governments of places subject to the jurisdiction of the United States and departments and agencies thereof, and educational institutions, nonprofit health, welfare, and rehabilitation agencies, farm organizations, labor unions, and other organizations, individuals and firms;

(2) accept in the name of the National Service Corps and employ in furtherance of the purposes of this Act

(A) voluntary services notwithstanding the provisions of 31 U.S.C. 665 (b), and

(B) any money or property (real, personal or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise, and dispose of such property in furtherance of the purposes of this Act.

(b) Subject to any future action of the Congress, a contract or agreement for services of corpsmen which entails commitments for the expenditure of funds available for the purposes of this Act, including commitments for purposes of paying or providing for allowances and other benefits of corpsmen authorized by section 5 of this Act, may extend at any time for not more than twenty-four months.

(c) The President may allocate or transfer to any agency of the United States Government any funds available for carrying out the purposes of this Act including any advance received by the United States from any State, local, or other organization under authority of this Act. Such funds shall be available for obligation and expenditure for the purposes of this Act in accordance with authority granted in this Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.

(d) Any officer of the United States Government carrying out functions under this Act may utilize the services and facilities of, or procure commodities from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency shall be established in separate appropriation accounts on the books of the Treasury.