Corno - ги and cer, subcom Moltary opera na pé. AND BUDGET SUBCOMMITTEE OF THE COMMITTEE ON NINETY-THIRD CONGRESS FIRST SESSION ON S. 518 and H.R. 3932 MARCH 5 AND 9, 1973 Printed for the use of the Committee on Government Operations U.S. GOVERNMENT. PRINTING OFFICE 92-416 COMMITTEE ON GOVERNMENT OPERATIONS CHET HOLIFIELD, California, Chairman JACK BROOKS, Texas FRANK HORTON, New York L. H. FOUNTAIN, North Carolina JOHN N. ERLENBORN, Illinois ROBERT E, JONES, Alabama JOHN W. WYDLER, New York JOHN E. MOSS, California CLARENCE J. BROWN, Ohio DANTE B. FASCELL, Florida GUY VANDER JAGT, Michigan HENRY S. REUSS, Wisconsin GILBERT GUDE, Maryland TORBERT H. MACDONALD, Massachusetts PAUL N. MCCLOSKEY, JR., California WILLIAM S. MOORHEAD, Pennsylvania JOHN H. BUCHANAN, JR., Alabama WM. J. RANDALL, Missouri SAM STEIGER, Arizona BENJAMIN S. ROSENTHAL, New York GARRY BROWN, Michigan JIM WRIGHT, Texas CHARLES THONE, Nebraska FERNAND J. ST GERMAIN, Rhode Island RICHARD W. MALLARY, Vermont JOHN C. CULVER, Iowa STANFORD E. PARRIS, Virginia FLOYD V. HICKS, Washington RALPH S. REGULA, Ohio DON FUQUA, Florida ANDREW J. HINSHAW, California JOHN CONYERS, JR., Michigan ALAN STEELMAN, Texas BILL ALEXANDER, Arkansas JOEL PRITCHARD, Washington BELLA S. ABZUG, New York ROBERT P. HANRAHAN, Illinois HAROLD D. DONOHUE, Massachusetts JAMES V. STANTON, Ohio LEO J. RYAN, California ERT ROBACK, Staff Director J. P. CARLSON, Minority Counsel LEGISLATION AND MILITARY OPERATIONS SUBCOMMITTEE CHET HOLIFIELD, California, Chairman BENJAMIN S. ROSENTHAL, New York FRANK HORTON, New York JIM WRIGHT, Texas JOHN N. ERLENBORN, Illinois FERNANDJ. ST GERMAIN, Rhode Island JOHN W. WYDLER, New York DON FUQUA, Florida CLARENCE J. BROWN, Ohio WILLIAM S. MOORHEAD, Pennsylvania RICHARD W. MALLARY, Vermont ROBERT E. JONES, Alabama HERBERT ROBACK, Stal Director PAUL RIDGELY, Investigator MARY ETTA HAGA, Clerk SPECIAL INVESTIGATIVE STAFF WARREN BUHLER, Minority Staj Yember (II) ement of- panied by Dwight Ink, Assistant Director; and Jim Bradley, General 49 Brooks, Hon. Jack, a Representative in Congress from the State of Cohen, Wilbur J., dean, School of Education, l'niversity of Michigan.- 121 65, 163 140 136 Melcher, Hon. John, a Representative in Congress from the State of Price, Don K., dean, Kennedy School of Government, Harvard Uni- 132 Rhodes, Hon. John J., a Representative in Congress from the State of Letters, statements, etc., submitted for the record by- Alexander, Hon. Bill, a Representative in Congress from the State of Ash, Hon. Roy L., Director, Office of Management and Budget : Letter, dated March 13, 1973, to Chairman Holifield re Representative Brooks' substitute bill concerning the Director and Deputy Director Brooks, Hon. Jack, a Representative in Congress from the State of Texas: A bill to provide for the appointment by the President, by 22-23 42 Dixon, Robert G., Jr., Assistant Attorney General, Office of Legal Department of Justice comments on H.R. 204, H.R. 3065, and Department of Justice position on H.R. 3932 and S. 518_ 106-116 Evans, Hon. Frank E., a Representative in Congress from the State of 42-44 California, and chairman, Legislation and Military Operations Sub- 162-163 24-25 44-49 31-33 CONFIRMATION OF THE DIRECTOR AND DEPUTY DI RECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET MONDAY, MARCH 5, 1973 HOUSE OF REPRESENTATIVES, Washington, D.O. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2154, Rayburn House Office Building, Hon. Chet Holifield (chairman of the subcommittee) presiding. Present: Representatives Chet Holifield. Benjamin S. Rosenthal, Jack Brooks, Jim Wright, Fernand J. St Germain, Don Fuqua, William S. Moorhead, Frank Horton, John N. Erlenborn, John W. Wydler, Clarence J. Brown, and Richard W. Mallary. Also present: Herbert Roback, staff director; Elmer W. Henderson, general counsel; Miles Q. Romney, counsel-administrator; Douglas Dahlin, counsel for military operations; Paul Ridgely, investigator; James Lanigan, consultant; and Warren Buhler, minority professional staff, Committee on Government Operations. Chairman HOLIFIELD. The committee will come to order. The hearing today is concerned with bills which would require Senate confirmation of the Director and Deputy Director of the Office of Management and Budget. The Committee on Government Operations, by rule of the House, has jurisdiction, among other things, over budget and accounting matters—other than appropriations--and that is why various bills on confirmation of these officers have been referred to our committee. The Senate already has taken action on this matter. On February 5, 1973, the Senate passed S. 518, Senator Ervin's bill-cosponsored by 27 other Senators-with a floor amendment by Senator Byrd of West Virginia. The bill now is before our committee, in conjunction with a number of House bills including H.R. 3932, introduced by Mr. Brooks, the ranking member of our committee, and cosponsored by 20 other members of the committee, including the chairman. Evidently, there is strong sentiment in the Congress for legislative action on this subject. This attitude bespeaks a deep concern for strengthening the Congress as an institution to maintain the proper balance of power in Government. The President, by impounding actions, by zero budgeting, and by far-reaching reorganizations of the executive branch not specifically authorized by the Congress, has precipitated what many believe is a constitutional crisis in this country. I am not an alarmist and I do not believe that the Congress is so fragile an institution that it will be crushed by the recent assertions (1) |