breaks down before deciding you cannot handle both, or are you going to let us know if you decide? Mr. SHRIVER. As I say, there is somebody whose responsibility that is. That is the President of the United States. His job is to manage the executive branch, and if he sees either an individual breaking down or a job breaking down, it is his responsibility to replace the individual or modify the job and I have absolute confidence in him as the Chief Executive to take such action as is needed. Senator JAVITS. You have such confidence that you will not even tell us? You are going to wait? Mr. SHRIVER. The thing about this President and the previous one, they do not have to wait for somebody to tell them. They seem to find things out pretty rapidly themselves. Senator JAVITS. The workers in the executive branch of every President attribute to them supernatural powers which they did not have before they came President. Mr. SHRIVER. I have had the highest opinion of the ability of both President Kennedy and President Johnson in this respect. Senator JAVITS. I do not believe that this President or his beloved and revered predecessor or President Eisenhower, or any of our Presidents, suddenly develop supernatural powers. I respectfully submit, Mr. Shriver, that this part of the whole proceeding disturbs me greatly. It has from the beginning. I believe that it is your duty and I state this unilaterally, even though you do not apparently agree with me, to inform the Senate which has confirmed you, as it undoubtedly will, and the President, as an honest public servant, if you find what seems to me very likely to be the case, that it is almost impossible to do justice to two enormous, full-time jobs like this, and with all respect for your great talents, and you have them. You have been very widely and much applauded and deservedly, in our country-I am the first to say that. I just think that to do justice to these two monumental efforts, really bring them to the point of development and expansion they deserve, is any man's full-time job for every conceivable waking hour, including Saturdays, Sundays, and holidays. With that, sir, I bid you farewell. Mr. SHRIVER. Thank you, sir. I might say the President does not have to find these things out unilaterally, by himself. After a person becomes President, they have something called the Bureau of the Budget which looks around to see what is going on, and they also have a very capable staff in the White House which observes things pretty well. So the President has information from persons in the executive branch and elsewhere which are not open to other individuals even though there are those like Presidents Kennedy and Johnson—before they become President. So there are ways for them to find out how things are going, without having to do it unilaterally. Senator JAVITS. It is my opinion that you have a responsibility to let us know how you feel about whether you can handle both jobs. That does not diminish my respect and friendship for you, which continues just as it did before, except that I really seriously question the advisability of this plan. Mr. SHRIVER. Let me say this, sir, if I may make this one comment, Mr. Chairman. Senator MCNAMARA. Go right ahead. Mr. SHRIVER. Obviously, when I am working for President Johnson, if I am confirmed to this job, I will be giving him my best judgment about how the work is going and whether I need more assistance or whether he ought to give somebody else the job. There is no question about that. I will advise him as my boss, progress or lack of progress. I just feel that it is his decision, no matter what I tell him, as to whether he wants me to continue or not continue. That is the decision I do do not want to prejudice by making any statement here. Obviously, I will give him my best judgment as to whether I should or somebody else should take on both of these jobs. Senator JAVITS. I think that is better. Senator MCNAMARA. Senator Randolph, do you have any questions or comments? Senator RANDOLPH. Senator Douglas, Mr. Shriver, my opinion, for what it is worth, in reference to the matter of holding two directorships, the Peace Corps and the economic opportunity program, is that President Johnson will not ask you to hold both positions. That is my personal feeling. Since it has been a matter of comment and colloquy here today, I would like to have the record indicate my feeling in this regard. I believe that you have the capacity to hold two positions, perhaps even more than two positions, but it is my opinion and my belief and my hope that it will not be necessary for the Chief Executive to divide and decrease your leadership in the programs of the Peace Corps and economic opportunity. Now, Mr. Chairman, a biography can never adequately convey to me the depth and breadth of a man's ability to do a particular job in the public service. But I would want the record to indicate insofar as this Senator is concerned I shall vote affirmatively on the pending nomination when the committee goes into executive session to consider Sargent Shriver for the position for which he appears. I would want the record to indicate further that in my approximately 20 years of service in the House and in the Senate, I have known few men in the Federal Government who had more conviction, more courage, and more compassion than the man who sits before us today. I am not attempting now to add up the pluses or subtract the minuses or in any way to divide a man's affirmative and negative qualities. I am just saying that on the overall opinion which I express today, I am very happy in the privilege of supporting the pending nomination. Senator MCNAMARA. Senator Metcalf, do you have any questions or comments? comments. Senator METCALF. Mr. Chairman, I had not intended to make any I am delighted that my good friend, the Senator from New York, has brought out the fact that there is nothing that will interfere with the service of Mr. Yarmolinsky. He is a dedicated and devoted public servant, and I feel he has unique attributes to carry out this antipoverty program. I hope that his talents will be used in the program. I want to compliment you on your responses to Senator Javits. I feel that it is not your duty to tell us whether you can handle both jobs; it is our duty to make up our minds, and it is the President's duty to make up his mind. I feel that the superb organizational and administrative job that you have done in the Peace Corps indicates that you can do a similar job in our antipoverty program. President Johnson has a job that is far beyond any of the problems that any of us can envisage in either the Peace Corps, the antipoverty program. or any other department. Likewise Secretary McNamara and Secretary Rusk. If they can do their jobs, I know with your background and your record of superb performance, you can do both jobs and will do them well. I shall vote for your nomination. Senator MCNAMARA. Thank you, Senator. There was some question as to why I skipped Senator Prouty. I think I should point out for this record that the Senator whom I called on has to leave very shortly. He must preside at the convening of the Senate at 12 o'clock. So for that reason, we apparently skipped Senator Prouty. Senator RANDOLPH. Mr. Chairman, will he be called upon to open the Senate with prayer also, today? He has doubled in the Senate. He has held two jobs, in effect. Senator METCALF. Yes; I had to hold two jobs at one time. Senator PROUTY. Mr. Chairman, as a member of the minority, I am accustomed to being passed over on occasion. I certainly understand the situation here and am very glad to have you recognize Senator Metcalf. Mr. Shriver, your past achievements leave no doubt in my mind. concerning your ability to administer the Economic Opportunity Act in a very effective manner, and I intend to vote for your confirmation. As you know, I did have some reservations concerning certain facets of the program, although I did vote for it on final passage. Some of those reservations were taken care of through amendments in the Senate and the House. I certainly hope as strongly as anyone could hope that this program will succeed and do what it is intended to. However, I do share Senator Javits' reservations as to one man's ability, regardless of his competence to administer both of these two vitally important programs. I hope that you will give serious consideration to your ability to do that and will make your position known to the President. We want both of these programs, and I am sure you do. But it seems to me an almost Herculean task to ask of any one man, regardless of his ability, that he assume responsibility for both programs. I should also like to get back to Mr. Yarmolinsky, to whom Senator Javits and Senator Metcalf referred earlier. There is a rumor, and I think well founded, to the effect that assurance was given by some others, and I am not suggesting that you are the one who gave such assurance, that Mr. Yarmolinsky would not be appointed to serve in any capacity insofar as the antipoverty program is concerned. I am not asking you to comment on it, but I will express the opinion that I would be very much surprised if he is chosen to serve in this capacity. One other question. Was any mention made as to the HEW appropriation bill which would in any way affect the antipoverty program? Mr. SHRIVER. You mean the appropriations bill which recently passed? Senator PROUTY. With respect to duplication of effort. Mr. SHRIVER. The Senate included language in that appropriations bill, as you well know, to the effect that no money authorized under that appropriations bill could be used to implement programs under the Economic Opportunity Act. So to the extent that that language makes it clear that money appropriated there should not be spent to carry out provisions of the Economic Opportunity Act, one could say that restricts the Economic Opportunity Act. But that is not my judgment about it. As I understand the Senate's intention, it was simply that when the Senate or the House appropriates money for specific programs, they want it spent on those programs and not taken from those and put into other programs for which they have not either appropriated money or appropriated less money. We had no intention of doing that anyhow. Senator PROUTY. I just wanted your expression on that. That is all I have, Mr. Chairman. Senator MCNAMARA. Thank you, Senator. Mr. Shriver, would you identify your colleague for the record? Mr. SHRIVER. Yes; this is Mr. Stephen Pollak of the Solicitor General's Office, who has been helping me as a legal adviser. Senator MCNAMARA. We will ask the recorder to make sure that a copy of the biography of Sargent Shriver is included in the record. (Mr. Shriver's biography is as follows:) BIOGRAPHY OF ROBERT SARGENT SHRIVER Birth: November 9, 1915, Westminster, Md. Education: Parochial schools, Westminster and Baltimore, Md.; Canterbury School, 1930-34, New Milford, Conn.; Yale College, B.A. degree, cum laude, 1938; Yale University School of Law, LL. B., 1941. Member of Illinois and New York bars. Present position: Director, Peace Corps, since 1961; special assistant to the President since February 1, 1964. Past positions: Assistant general manager, the Merchandise Mart, 1948–61; associated with Joseph P. Kennedy Enterprises, 1948-61; assistant editor, Newsweek magazine, 1945-46; war service, 1941-45; admitted to bar of State of New York, December 1941; law firm, Winthrop, Stimson, Putnam & Roberts, New York City, 1940-41; admitted to bar of State of Illinois, April 1959; executive director of the Joseph P. Kennedy, Jr., Foundation. Military service: U.S. Navy, 1941-45, continuous oversea duty, Atlantic and Pacific Ocean areas aboard battleships and submarines, October 1941-December 1945. Inactive duty as lieutenant commander, U.S. Naval Reserve. Educational associations: President, Chicago Board of Education, October 1955-June 1960; member, Illinois School Problems Commissions, 1957-61; member, Committee on Government and Higher Education, Ford Foundation, 1957-59; president's council, St. Xavier College for Women; citizens' board, University of Chicago; citizens' board, Loyola University; citizens' committee, University of Illinois; advisory council, College of Business Administration, Notre Dame University; board of lay trustees, DePaul University; national chairman, Yale Alumni Board, June 1958-60; executive committee, Yale Law School Association; trustee, Yale University Art Gallery Association; fellow, St. Joseph's College, Rensselaer, Ind. Organizations: President, Catholic Interracial Council of Chicago, 1955-60; director, Catholic Charities of Chicago; director, Chicago Council on Foreign Relations; director, Chicago Maternity Center, to December 1961; member-atlarge, National Council, Boy Scouts of America; member, Eleanor Roosevelt Memorial Foundation; and life member, Navy League. Honorary degrees: Doctor of laws: Yale University, Boston College, Brandeis University, DePaul University, Duquesne University, Fordham University, Georgetown University, Kansas State University, New York University, Notre Dame University, Seton Hall University, St. Louis University, St. Michael's College, St. Procopius College, Wesleyan University. Doctor of civil law: University of Liberia, Monrovia, Liberia. Doctor of humanics: Salem College, Salem, W. Va. Doctor of humane lettters: Springfield College, Springfield, Mass. Doctor of political science: Chulalongkorn University, Bangkok, Thisland. Married Eunice Mary Kennedy, May 23, 1953; four children. Home: 140 East Walton Place, Chicago, Ill. "Timberlawn," Rockville, Md. Office: 806 Connecticut Avenue NW., Washington, D.C. Senator MCNAMARA. Does anybody else have any testimony or remarks regarding the appointment? (No response.) Senator MCNAMARA. If not, the hearing is closed. (Whereupon, at 11:45 a.m., the committee proceeded to go into executive session.) O TO ELIMINATE RESTRICTIONS ON SPOUSE'S BENEFITS UNDER THE RAILROAD RETIREMENT ACT OF 1937 UNIVERSIT OF MICHIGAN OCT 16 1964 MAIN READING ROOM HEARING BEFORE THE SUBCOMMITTEE ON RAILROAD RETIREMENT OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE EIGHTY-EIGHTH CONGRESS SECOND SESSION ON H.R. 12362 AN ACT TO ELIMINATE THE RESTRICTIONS ON THE SPOUSE'S BENEFITS UNDER THE RAILROAD RETIREMENT ACT OF 1937 38-330 SEPTEMBER 25, 1964 Printed for the use of the Committee on Labor and Public Welfare U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1964 |