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CONFIRMATION OF THE DIRECTOR AND DEPUTY
DIRECTOR OF THE OFFICE OF MANAGEMENT

AND BUDGET

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SUBCOMMITTEE OF THE

COMMITTEE ON
GOVERNMENT OPERATIONS
HOUSE OF REPRESENTATIVES

NINETY-THIRD CONGRESS

FIRST SESSION

ON

S. 518 and H.R. 3932
BILLS TO PROVIDE THAT APPOINTMENTS TO THE OFFICES
OF DIRECTOR AND DEPUTY DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET SHALL BE SUBJECT TO CON-
FIRMATION BY THE SENATE, AND FOR OTHER PURPOSES

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
ELMER W. HENDERSON, General Counsel
MILES Q. ROMNEY, Counsel-Administrator

J. P. CARLSON, Minority Counsel
WILLIAM H. COPENHAVER, Minority Professional Staj

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
DOUGLAS G. DAHLIN, Counsel for Military Operations

PAUL RIDGELY, Investigator
CATHERINE KOEBERLEIN, Research Analyst

MARY ETTA HAGA, Clerk

SPECIAL INVESTIGATIVE STAFF

WARREN BUHLER, Minority Staj Yember

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ings held on-

Page

March 5---

1

March 9

131

s of S. 518 and H.R. 3932..

3

ement of-
Ash, Hon. Roy L., Director, Office of Management and Budget ; accom-

panied by Dwight Ink, Assistant Director; and Jim Bradley, General
Counsel

49

Brooks, Hon. Jack, a Representative in Congress from the State of

Texas

8

Cohen, Wilbur J., dean, School of Education, l'niversity of Michigan.- 121
Dixon, Robert G., Jr., Assistant Attorney General, Office of Legal
Counsel; accompanied by Herman Marcuse-

65, 163
Jones, Roger W., former Deputy Director of OMB, and former Chair-
man of the Civil Service Commission.--.

140
Mansfield, Harvey C., Ruggles professor of public law and government,
Columbia University -

136

Melcher, Hon. John, a Representative in Congress from the State of

Montana

23

Price, Don K., dean, Kennedy School of Government, Harvard Uni-
versity

132

Rhodes, Hon. John J., a Representative in Congress from the State of

Arizona

28

Letters, statements, etc., submitted for the record by-

Alexander, Hon. Bill, a Representative in Congress from the State of

Arkansas, statement..

40-42

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

of OMB --

61-65

Brooks, Hon. Jack, a Representative in Congress from the State of

Texas: A bill to provide for the appointment by the President, by
and with the advice and consent of the Senate, of a Director, Office
of Management and Budget, and for other purposes.

22-23
Dingell, Hon. John D., a Representative in Congress from the State of
Michigan, statement-

42

Dixon, Robert G., Jr., Assistant Attorney General, Office of Legal

Counsel :

Department of Justice comments on H.R. 204, H.R. 3065, and

H.R. 3932_.

102-105

Department of Justice position on H.R. 3932 and S. 518_ 106-116

Statement

66–94, 163-172

Evans, Hon. Frank E., a Representative in Congress from the State of
Colorado, statement..

42-44
Holifield, Hon. Chet, a Representative in Congress from the State of

California, and chairman, Legislation and Military Operations Sub-
committee : Letter, dated March 5, 1973, from William M. Capron,
associate dean, Harvard University, John Fitzgerald Kennedy School
of Government, re S. 518 and H.R. 3932---

162-163
Melcher, Hon. John, a Representative in ('ongress from the State of
Montana, statement.

24-25
Pickle, Hon. J. J., a Representative in Congress from the State of
Texas, statement.---

44-49
Rhodes, Hon. John J., a Representative in Congress from the State of
Arizona : Study on fiscal matters..

31-33

CONFIRMATION OF THE DIRECTOR AND DEPUTY DI

RECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET

MONDAY, MARCH 5, 1973

HOUSE OF REPRESENTATIVES,
LEGISLATION AND MILITARY OPERATIONS SUBCOMMITTEE
OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

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

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