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LARRY A. JOBE, OF ILLINOIS, TO BE AN ASSISTANT

SECRETARY OF COMMERCE; AND MYRON TRIBUS, OF NEW HAMPSHIRE, TO BE AN ASSISTANT SECRETARY OF COMMERCE

WEDNESDAY, MARCH 19, 1969

U.S. SENATE,
COMMITTEE ON COMMERCE,

Washington, D.C. The committee met at 9:30 a.m. in room 5110, New Senate Office Building, Hon. Norris Cotton presiding.

Present: Senators Cotton, Pearson, and Hansen.
Senator COTTON. The committee will come to order.

I understand that Senator McIntyre, my colleague, is on his way over here. He probably wants to say something about Dr. Tribus.

Because of that, we will have Mr. Jobe's hearing first, if that is satisfactory.

I understand, Mr. Flynn, that you are here from Senator Dirksen's office to present Mr. Jobe.

Mr. FLYNN. Yes, sir.
Senator COTTON. Mr. Jobe, will you come forward, please.

STATEMENT OF CLYDE FLYNN

a

Mr. Flynn. Mr. Chairman, Senator Dirksen could not be here this morning. He asked that I come over and introduce Mr. Jobe to the committee.

Mr. Jobe was born in Knox County, Tex., on January 12, 1940, and graduated from North Texas University with high honors. He did his graduate studies at the university in the field of accounting and finance.

He is presently a partner in the certified public accounting firm of Alexander Grant & Co., based in Chicago. I might mention that they do quite a bit of work for the State of Illinois.

He began his career with the firm in 1961 and is presently director of the firm's consulting activities for the central region.

He is a member of the American Institute of Certified Public Accountants, the Texas and Illinois Societies of Certified Public Accountants, and the National Accountants Association.

He is married to the former Adrienne Sue Edwards, of Garland, Tex. They presently reside west of Chicago in Du Page County. They have five children.

Mr. Jobe comes very well qualified and highly regarded by the Senator. It is a pleasure to present him to you.

Senator Cotton. Thank you. We appreciate your being present, Mr. Flynn, and indicating Senator Dirksen's approval of the nominee.

Mr. Jobe, do you wish to make any statement of your own to the committee before we ask any questions?

STATEMENT OF LARRY A. JOBE, NOMINEE TO THE POSITION OF

ASSISTANT SECRETARY OF COMMERCE

Mr. JOBE. No, sir. I believe the biography presented should be adequate for purposes of the hearing.

Senator COTTON. The staff indicates that in accordance with our practice here, you have filed a statement of your financial holdings.

Mr. JOBE. Yes, sir; I have.

Senator Cotton. It will be placed in the committee files and not in the record, to be open to examination by anybody, members of the committee, the public or the press, whoever desires to check.

I have to ask you this question, I believe, and this does not imply any suspicion on my part or on the part of the committee: Do you know of any financial holdings or interest that you may have that in your opinion might cause any conflict of interest in relation to your duties as Assistant Secretary?

Mr. JOBE. No, sir.

Senator COTTON. And your nomination is that of Assistant Secretary of Commerce for Administration.

Mr. JOBE. Yes, sir, that is correct.

Senator COTTON. I do not say this in a derogatory sense, but your duties are that of housekeeping within the Department. Am I correct?

Mr. JOBE. That is correct.

Senator Cotton. So that while you unquestionably will be consulted from time to time and will be in close relationship to the Secretary, strictly speaking, you are not in a position of a policymaking official of the Department?

Mr. JOBE. I think that is a fair assumption.

Senator Cotton. So that the matter of any financial holdings you may have could hardly be in conflict with your interest because you would not be engaged to a great extent in dealing with any persons or corporations having relationships with the Department? Mr. JOBE. That is correct. Senator Cotton. Your biography has been read into the record.

I would comment, something which I said before in this committee, that it is our understanding that when President Nixon won this election, that when other nominees came before this committee we would cease to have everybody either from Harvard or Texas. Surprisingly enough, about three-fourths of the appointees that have been before this committee thus far have some connection either with Harvard or Texas. And you are a Texan. Am I right?

Mr. JOBE. Yes, sir.

Mr. Flynn. Mr. Chairman, might I interrupt to say that the chairman was pleased with the good judgment he showed in moving to Illinois and becoming a resident there.

Senator COTTON. Senator Pearson.

Senator PEARSON. Thank you, Mr. Chairman. I just want to say that while your office may not be a policymaking one, I think it is one of great importance. Someone said that you get good government from good people. As a Senator from a small State, populationwise, and I think most Senators will tell you this, the task of maintaining their office staffs, of getting good people and keeping them, and keeping them happy, is an enormously important thing. I really don't envy you when I think of the size of the Department. I do want to say that I think it is a very, very vital part of making the Department of Commerce function and function well.

I wish you the very best of luck.
Mr. JOBE. I thank

you,

Senator.
Senator PEARSON. Thank you, Mr. Chairman.
Senator COTTON. Senator Hansen.

Senator HANSEN. I have no questions, Mr. Chairman. I, too, want to add my greetings and words of welcome to you. I am pleased with your background and experience. I do not for one moment minimize the importance and dimensions of the task you are about to assume. I certainly wish you well and assure you that I will be interested in following your career.

Mr. JOBE. Thank you, Senator.

Senator Cotton. I join my colleagues in the President's confidence in you, sir. My reference to your having housekeeping duties in the

, Department was not in any way intended as indicating that that is not an important function. We think it is.

We thank you.
Unless there are other questions, we appreciate your appearing.
We appreciate your appearing, also, Mr. Flynn, for Senator Dirksen.
Mr. JOBE. Thank you very much.

Senator Cotton. Our next nominee is Dr. Myron Tribus, of New Hampshire, to be an Assistant Secretary of Commerce for Science and Technology:

I would like to read into the record a statement that I have just received from my colleague, Senator Thomas J. McIntyre.

"Statement by Senator Thomas J. McIntyre, March 19, 1969: "'I am pleased with the nomination of Dr. Myron Tribus for the office of Assistant Secretary of Commerce for Science and Technology.

"The nomination of this distinguished resident of New Hampshire honors Dr. Tribus, honors the State of New Hampshire, and speaks well of President Nixon's judgment in this matter. Dr. Tribus is an excellent choice for the office.

"When a man of this caliber is nominated for a position of high rank and responsibility, one should ignore partisan differences. I am confident Dr. Tribus will fill this post with distinction and reflect honor upon Dartmouth College and New Hampshire.”

. Senator COTTON. May I say that I join my colleague, Senator McIntyre, in his expression of confidence in Dr. Tribus, and in expressing our own gratification that a distinguished resident of New Hampshire has been selected by the President for this post.

Dr. Tribus is presently dean of the Thayer School of Engineering at Dartmouth College, which position he has held since 1961. He comes to us very highly recommended. It is my understanding that he was one of the three men throughout the United States who was recommended by scientific organizations for consideration by the President for this position.

Dr. Tribus, have you any statement you wish to make on your own part before submitting to questions of the committee?

STATEMENT OF DR. MYRON TRIBUS, NOMINEE FOR THE POSITION

OF ASSISTANT SECRETARY OF COMMERCE FOR SCIENCE AND TECHNOLOGY

Dr. Tribus. No, sir. I have already filed with the committee a statement concerning my financial holdings. I think the biographical information has been submitted separately.

Senator COTTON. Your financial statement will be placed in the committee files, and it will not be made a part of the record. This is in conformance with our custom. It will be open to inspection by anyone who desires to see it.

I ask you, as a matter of form, whether you have any holdings that in your opinion might under any foreseeable circumstances constitute any conflict of interest in performing your duties?

Dr. TRIBUS. I foresee no such conflict, sir.

Senator COTTON. For purposes of the record, I will place in the record the biographical sketch of Dr. Myron Tribus.

Also what is indicated as Department Order No. 177, from the Department of Commerce, indicating the duties of the Assistant Secretary for Science and Technology.

(The documents follow:)

BIOGRAPHY OF DR. MYRON TRIBUS

Dr. Myron Tribus was born in San Francisco, California, on October 30, 1921. He attended the University of California at Berkeley where he received a B.S. Degree in Chemistry in 1942. He received a Ph. D. in Engineering in 1949 from the University of California at Los Angeles where from 1946 to 1960 he taught engineering, rising from instructor to professor. He became Dean of the Thayer School of Engineering at Dartmouth College in 1961.

In 1950 he served as a consultant in heat transfer at General Electric Co. and has worked as a consulting engineer since that time.

In 1951-54 he was director, Aircraft Icing Research, at the University of Michigan.

Dr. Tribus is not a stranger to the Department of Commerce where he has been a member of the Commerce Technical Advisory Board. He also served as a consultant to the Federal Office of Saline Water for the Department of Interior.

He also has served as an advisor to NATO in 1953. He has been a director of the Carpenter Technology Corporation, a major producer of specialty steels.

He has had numerous awards for outstanding achievements, including: the Thurman H. Bane Award, Institute of Aerospace Sciences, in 1945; the Wright Brothers Medal of the Society of Automotive Engineers, 1945; and the Alfred Noble Prize of the Engineering Founders Societies in 1952.

He is the author of a text book, "Thermostatics and Thermodynamics, 1961 and a new book, "Rational Descriptions, Decisions and Designs,” is now in press. He is a member of the American Society of Mechanical Engineers; the Institute of Electrical and Electronics Engineers; and the American Society for Engineering Education.

Dr. Tribus is married to the former Sue Davis of Ezel, Kentucky, who is the author of two cookbooks. They have two daughters, Louanne, 13, and Kamala, 9. Their home is in Hanover, New Hampshire.

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The purpose of this order is to prescribe the scope of authority and the duties and responsibili-
ties of the Assistant Secretary for Science and Technology.

SECTION 2. ADMINISTRATIVE DESIGNATION.

The position of Assistant Secretary of Commerce, established by the Act of February 16, 1962,
(Puk. L. 87-405; 15 U.S.C. 1507) shall continue to be designated as the Assistant Secretary for
Science and Technology. The Assistant Secretary is appointed by the President by and with the
advice and consent of the Senate.

SECTION 3. SCOPE OF AUTHORITY.

.01 The Assistant Secretary for Science and Technology shall exercise policy direction and
general supervision over the Environmental Science Services Administration, the National
Bureau of Standards, the Patent Office, and the Office of State Technical Services. He shall
exercise direct supervision over the Office of Telecommunications and the Office of Standards
Policy.

.02

Pursuant to the authority vested in the Secretary of Commerce by law, the following
authorities of the Secretary are hereby delegated to the Assistant Secretary for Science and
Technology:

a. To approve regulations established by the Commissioner of Patents for the conduct of pro-
ceedings in the Patent Office (35 U.S.C. 6);

b. To issue procedural regulations necessary for the development and promulgation of flamma-
bility standards and regulations (including labeling), and amendments thereto, pursuant to
Chapter 25 of Title 15, United States Code, as amended, and for tne prescribing and publica-
tion of standards for household refrigerator safety devices, pursuant to Chapter 26 of Title 15,
United States Code;

C. To make determinations as to the possible need for, and to institute the proceedings
for the determination of, a new or amended flammability standard or other regulation, including
labeling, pursuant to 14 U.S.C. 1193(a), as amended;

e.

d.

To issue procedural regulations providing for the development and publication of vol-
untary product standards by the Department of Commerce, pursuant to Chapter 7 of Title 15,
United States Code;

To issue regulations necessary to implement the provisions of Sections 5(d) and 5(e) of the
Fair Packaging and Labeling Act (15 U.S.C. 1454 (d-e)), and to make determinations under these
sections (1) as to whether the reasonable ability of consumers to make value comparisons has
been impaired by undue proliferation of the weights, measures, or quantities in which retail
commodities are packaged, (2) as to whether a standard will not be published, and (3) as to the
nonobservance of a published standard;

f. To certify that an invention, for which a patent is being applied, is used or likely to be used
in the public interest (35 U.S.C. 266);

g. To approve and issue royalty-free licenses for the use of patents owned or controlled by the
Department; and

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