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COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
S. Res. 39
MARCH 27 AND 28, 1969
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1969
COMMITTEE ON THE JUDICIARY
JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas
EVERETT MCKINLEY DIRKSEN, Illinois SAM J. ERVIN, JR., North Carolina
ROMAN L. HRUSKA, Nebraska THOMAS J. DODD, Connecticut
HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan
HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana
MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland JOSEPH D. TYDINGS, Maryland ROBERT C. BYRD, West Virginia
SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE
EDWARD M. KENNEDY, Massachusetts, Chairman PHILIP A. HART, Michigan
EVERETT MCKINLEY DIRKSEN, Illinois BIRCH BAYH, Indiana
STROM THURMOND, South Carolina QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland
JAMES F. FLUG, Chief Counsel
STATEMENTS OF WITNESSES
Commission, accompanied by Dan Steiner, General Counsel, EEOČ,
Biermann, Leonard J., Office of Federal Contract Compliance, Depart-
Mondale, Hon. Walter F., U.S. Senator from Minnesota-
and Industrial Relations, Department of Defense-----
Roger Kelley, Assistant Secretary of Defense for Manpower and Re-
search, and Lt. Gen. Earl C. Hedlund, Director, Defense Supply Agency-
Volpe, Hon. John A., Secretary of Transportation, accompanied by R.
Tenney Johnson, Acting General Counsel, and Richard Lally, Director,
March 28, 1969.
Questionnaire directed to members and officials of Federal departments
and agencies, and to agency practitioners, by Subcommittee on Ad-
ministrative Practice and Procedure..
pliance, Department of Labor, effective July 1, 1968---
Schultz, concerning DoD compliance efforts with three southern textile
Defense Packard. February 12, 1969..
Labor Shultz. February 8, 1969--
naire, Wednesday, March 5, 1969.-
Letter from M. R. Shafer, Chief, Office of Contracts Compliance, Defense
Supply Agency to Mr. M. A. Cross, Vice President, Dan River Mills,
Statement of Congressman Wm. Jennings Bryan Dorn. April 3, 1969.--- 324
THURSDAY, MARCH 27, 1969
Washington, D.C. The subcommittee met, pursuant to notice, at 9:35 a.m., in room 2228, New Senate Office Building, Senator Edward M. Kennedy (chairman of the subcommittee) presiding.
Present: Senators Kennedy (presiding), Hart, Dirksen, and Thurmond.
Also present: Senator Edward P. Brooke.
James F. Flug, chief counsel; James A. Thomas, assistant counsel; Thomas M. Susman, assistant counsel; Silas J. Wasserstrom, assistant counsel; and Bernard J. Waters, minority counsel.
Senator KENNEDY. The subcommittee will come to order.
Since this is my first hearing as chairman of the Subcommittee on Administrative Practice and Procedure of the Senate Judiciary Committee, let me begin by placing in the record a copy of Senate Resolution 39, which sets forth the subcommittee's mandate.
(The copy of S. Res. 39 referred to by Senator Kennedy for incluşion in the record at this point follows:)
[S. Res. 39, 91st Cong., first sess.)
Resolved, That the Committee on the Judiciary, or any duly authorized subcommittee thereof, is authorized under sections 134(a) and 136 of the Legislative Reorganization Act of 1946, as amended, and in accordance with its jurisdictions specified by rule XXV of the Standing Rules of the Senate, to make a full and complete study and investigation of administrative practices and procedures within the departments and agencies of the United States in the exercise of their rulemaking, licensing, investigatory, law enforcement, and adjudicatory functions, including a study of the effectiveness of the Administrative Procedure Act and the study of the recommendations of the Administrative Conference of the United States, with a view to determining whether additional legislation is required to provide for the fair, impartial, and effective performance of such functions.
SEC. 2. For the purpose of this resolution the committee, from February 1, 1969, to January 31, 1970, inclusive, is authorized (1) to make such expenditures as it deems advisable; (2) to employ, upon a temporary basis, technical, clerical, and other assistants and consultants : Provided, That the minority is authorized to select one person for appointment, and the person so selected shall be appointed and his compensation shall be so fixed that his gross rate shall not be less by more than $2,400 than the highest gross rate paid to any other employee; and (3) with the prior consent of the heads of the departments or agencies concerned, and the Committee on Rules and Administration, to utilize the reimburs. able services, information, facilities, and personnel of any of the departments or agencies of the Government.