COMMITTEE ON THE JUDICIARY NINETY-FIRST CONGRESS FIRST SESSION PURSUANT TO S. Res. 39 ON 1970 THE PRACTICES AND PROCEDURES INVOLVED IN THE CONTRACTS HOIS 31-987 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 EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota EVERETT MCKINLEY DIRKSEN, Illinois HUGH SCOTT, Pennsylvania STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE PHILIP A. HART, Michigan QUENTIN N. BURDICK, North Dakota EVERETT MCKINLEY DIRKSEN, Illinois JAMES F. FLUG, Chief Counsel (II) CONTENTS STATEMENTS OF WITNESSES Alexander, Clifford L., Jr., Chairman, Equal Employment Opportunity Commission, accompanied by Dan Steiner, General Counsel, EEOC, and Vincent Cohen, Deputy Director of Research, EEOC Biermann, Leonard J., Office of Federal Contract Compliance, Depart- Mondale, Hon. Walter F., U.S. Senator from Minnesota___ Shultz, Hon. George P., Secretary of Labor.-- Sylvester, Edward C., Jr., former Director, Office of Federal Contract Com- pliance, Department of Labor.. Volpe, Hon. John A., Secretary of Transportation, accompanied by R. Tenney Johnson, Acting General Counsel, and Richard Lally, Director, 39 102 47 134 Questionnaire directed to members and officials of Federal departments. and agencies, and to agency practitioners, by Subcommittee on Ad- ministrative Practice and Procedure.. Regulations 60-1.20 and 60-1.40 of the Office of Federal Contract Com- Letter from Deputy Secretary of Defense Packard to Secretary of Labor Memorandum from Secretary of Labor Shultz to Deputy Secretary of Memorandum from Deputy Secretary of Defense Packard to Secretary of Statement by the Department of Labor on textile company question- Letter from William H. Rhenquist, Assistant Attorney General, Office of Legal Counsel to Secretary of Labor Shultz concerning interpretation of Executive Order 11246. February 24, 1969__ United States of America by Ramsey Clark, Attorney General, v. Local 189, United Papermakers and Paperworkers, AFL-CIO, CLC; United Paper- makers and Paperworkers, AFL-CIO, CLC; and Crown Zellerbach Cor- poration: U.S. District Court, Eastern District of Louisiana, New Opinion of the Attorney General of the United States on the validity of executive order prohibiting Government contractors from discriminat- ing in employment practices on grounds of race, color, religion, or Letter from M. R. Shafer, Chief, Office of Contracts Compliance, Defense Supply Agency to Mr. M. A. Cross, Vice President, Dan River Mills, Inc., concerning DOD findings of discrimination in that company. Sep- Chronology of events in textile industry contract compliance program- News release from the office of Senator Walter F. Mondle, releasing text of telegram sent to Secretary of Labor Shultz concerning DOD textile contracts. February 26, 1969_.. Letter from Senator Walter F. Mondale to Secretary of Labor Shultz, con- cerning the Department of Labor's role in contract compliance decisions. Letter from Jack Moskowitz, Deputy Assistant Secretary for Civil Rights and Industrial Relations, Department of Defense to Senator Walter F. Mondale concerning action taken in three southern textile companies compliance cases; with enclosure. February 25, 1969- Letter from members of the Democratic Study Group, U.S. House of Representatives to President Nixon. March 5, 1969- Letter from James Hamilton and Clarence M. Mitchell, Leadership Con- ference on Civil Rights to Deputy Secretary Packard. March 5, 1969__ Letter from Senator Walter F. Mondale to Deputy Secretary of Defense Correspondence between Deputy Secretary of Defense Packard and officers of Burlington Industries, Inc., Dan River Mills, Inc., and J. P. Memorandum from General Counsel of the Department of Defense to Col. Ray B. Furlong. February 5, 1969... Memorandum from Barry J. Shillito, Procurement Chief, Department of Defense to Deputy Secretary of Defense. February 3, 1969--- Memorandum from Lt. Gen. Earl C. Hedlund, Director, Defense Supply Agency to Secretary of Defense. February 3, 1969- Congressional Record excerpt on Senate Resolution 169-Resolution to print a report entitled "Equal Employment Opportunity with Regard to Federal-Aid Highway Projects" as a Senate Document. March 24, Department of Transportation news release concerning discriminatory practices in Federal-aid highway work. March 18, 1969- Letter from Stephen J. Pollak, former Assistant Attorney General for Civil Rights to Senator Edward M. Kennedy comparing Federal High- way Administration Orders 7-2 and 7-2(1). April 16, 1969--- Letter from Senator Edward M. Kennedy to Secretary of Transportation Help Wanted . . Or Is It? Summary and analysis of hearings held by the U.S. Equal Employment Opportunity Commission in New York... Black employment in three major textile firms. Press accounts of hearings held by the U.S. Equal Employment Oppor- Regulations issued by Office of Federal Contract Compliance, Department of Labor on Obligations of Contractors and Subcontractors-- Participants at meeting between Office of Federal Contract Compliance, Department of Defense, and Defense Supply Agency on Dan River Chapter Four. Jobs and Civil Rights. The Role of the Federal Government in promoting Equal Opportunity in Employment and Training. Prepared for the Civil Rights Commission... Civil Rights Commission materials on Executive Order 11246. Telegram and letter to Senator Edward M. Kennedy from Humphrey Sullivan, administrative director, Plans for Progress. March 28, 1969--- Statement of Congressman Wm. Jennings Bryan Dorn. April 3, 1969--- 324 SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND 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 inclusion in the record at this point follows:) ['S. Res. 39, 91st Cong., first sess.] RESOLUTION 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 reimbursable services, information, facilities, and personnel of any of the departments or agencies of the Government. (1) |