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LABOR AND PUBLIC WELFARE

UNITED STATES SENATE

NINETY-THIRD CONGRESS

FIRST SESSION

ALVIN J. ARNETT, OF MARYLAND, TO BE DIRECTOR OF THE
OFFICE OF ECONOMIC OPPORTUNITY

20-597

JULY 20, 1973

Printed for the use of the Committee on Labor and Public Welfare

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COMMITTEE ON LABOR AND PUBLIC WELFARE

HARRISON A. WILLIAMS, JR., New Jersey, Chairman

JENNINGS RANDOLPH, West Virginia
CLAIBORNE PELL, Rhode Island
EDWARD M. KENNEDY, Massachusetts
GAYLORD NELSON, Wisconsin
WALTER F. MONDALE, Minnesota
THOMAS F. EAGLETON, Missouri
ALAN CRANSTON, California
HAROLD E. HUGHES, Iowa
WILLIAM D. HATHAWAY, Maine

JACOB K. JAVITS, New York
PETER H. DOMINICK, Colorado
RICHARD S. SCHWEIKER, Pennsylvania
ROBERT TAFT, JR., Ohio

J. GLENN BEALL, JR., Maryland
ROBERT T. STAFFORD, Vermont

STEWART E. MCCLURE, Chief Clerk
ROBERT E. NAGLE, General Counsel
ROY H. MILLENSON, Minority Chief Clerk
EUGENE MITTELMAN, Minority Counsel

(II)

CONTENTS

Beall, Hon. J. Glenn, a U.S. Senator from the State of Maryland---
Randolph, Hon. Jennings, a U.S. Senator from the State of West Virginia_
Arnett, Alvin J., Director-Designate, Office of Economic Opportunity.
Braithwait, Charles, president, National Association of Community Action
Agency Executive Directors__.

Hughes, Ms. Casey, Maryland Coordinator for the National Organization
for Women; accompanied by Carol Ford, Associate_.

Arnett, Alvin J., Director-Designate, Office of Economic Opportunity.
Beall, Hon. J. Glenn, a U.S. Senator from the State of Maryland__
Braithwait, Charles, president, National Association of Community Action
Agency Executive Directors---

Hughes, Ms. Casey, Maryland Coordinator for the National Organization
for Women; accompanied by Carol Ford, Associate-.

Randolph, Hon. Jennings, a U.S. Senator from the State of West Virginia_

Articles, publications, etc. :

Appalachian Regional Commission between November 15, 1971, and

February 18, 1973, contracts with--

Consultants and temporary employees employed by OEO, list of (with
resumes and assignments).

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Secretary of Labor----

Senior opportunities and service programs....

Vermont legal aid funding--

Communications to:

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NOMINATION

FRIDAY, JULY 20, 1973

U.S. SENATE,

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C. The committee, pursuant to notice, at 10:05 a.m. in room 4232, Dirksen Office Building, Senator Harrison A. Williams, Jr. (chairman) presiding.

Present: Senators Williams, Kennedy, Mondale, Cranston, Hathaway, Schweiker, Taft, and Beall.

The CHAIRMAN. This is a full Labor and Public Welfare Committee hearing considering the nomination of Mr. Arnett to be Director of the Office of Economic Opportunity.

Before we begin, I think that because of recent history it would be appropriate to start with a statement from the chairman.

Nearly 200 years ago, the framers of our Constitution recognized the importance of a government whose power was not concentrated in the hands of one man-but rather one where power would be divided between an elected Congress, an appointed judiciary, and an executive branch whose duty it would be to implement the laws made by the legislative representatives of the people.

Article II of the Constitution clearly states that all Presidential appointments shall be subject to the advice and consent of the Senate, unless the Congress provides otherwise. In creating the top positions of the Office of Economic Opportunity, the Congress explicitly provided that the Agency's Director, Deputy Director, and Assistant Directors would be subject to such advice and consent.

This committee meets today as a result of an unusual juxtaposition of events involving all three branches of Government.

In January of this year, the President appointed an individual to be the Director of OEO without sending that person's name to the Senate for confirmation. Shortly thereafter, despite the clear abuse of constitutional process and lack of regard for statutory intent, this appointee set out to accomplish his declared goal of dismantling the Agency and gutting its programs-programs specifically designed by the Congress to help the poor and disadvantaged of this country.

As if these blatant illegalities alone would have not been enough to trigger extraordinary action, it was in fact the results—the disruption brought to hundreds of worthwhile programs and to thousands of innocent lives, which prompted me to seek redress through the judicial arm of Government. Joined by three of my committee colleagues, Senators Pell, Mondale, and Hathaway, legal proceedings were initiated in the U.S. district court to stop the dismantling and to remove the "Acting Director" from office.

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