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COMMITTEE ON THE JUDICIARY
S. Res. 39
THE PRACTICES AND PROCEDURES INVOLVED IN THE
MARCH 27 AND 28, 1969
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
COMMITTEE ON THE JUDICIARY
JAMES O. EASTLAND, Mississippi, Chairman
JOHN L. MCCLELLAN, Arkansas
EDWARD M. KENNEDY, Massachusetts
QUENTIN N. BURDICK, North Dakota JOSEPH D. TYDINGS, Maryland ROBERT C. BYRD, West Virginia
EVERETT MCKINLEY DIRKSEN, Illinois
STROM THURMOND, South Carolina
CHARLES MCC. MATHIAS, JR., Maryland
SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE EDWARD M. KENNEDY, Massachusetts, Chairman
PHILIP A. HART, Michigan BIRCH BAYH, Indiana
QUENTIN N. BURDICK, North Dakota
EVERETT MCKINLEY DIRKSEN, Illinois STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland
JAMES F. FLUG, Chief Counsel
STATEMENTS OF WITNESSES
Mondale, Hon. Walter F., U.S. Senator from Minnesota_-
Sylvester, Edward C., Jr., former Director, Office of Federal Contract Com-
Regulations 60-1.20 and 60-1.40 of the Office of Federal Contract Com-
Memorandum from Secretary of Labor Shultz to Deputy Secretary of
Memorandum from Deputy Secretary of Defense Packard to Secretary of
United States of America by Ramsey Clark, Attorney General, v. Local 189,
Statement of Congressman Wm. Jennings Bryan Dorn. April 3, 1969.
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.]
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.