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UNITED STATES

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

ADMINISTRATIVE PRACTICE AND PROCEDURE

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

EIGHTY-EIGHTH CONGRESS

FIRST SESSION

PURSUANT TO

S. Res. 55

ON

S. 1664

TO PROVIDE FOR CONTINUOUS IMPROVEMENT OF THE
ADMINISTRATIVE PROCEDURE OF FEDERAL AGENCIES
BY CREATING AN ADMINISTRATIVE CONFERENCE OF THE
UNITED STATES

20-497

JUNE 12, 13, 14, 1963

Printed for the use of the Committee on the Judiciary

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88-1-5
92ad CONTENTS

Statement of

Herbert Brownell, former Attorney General of the United States under
President Eisenhower; president, Association of the Bar of the City
of New York..

Manuel F. Cohen, Commissioner, Securities and Exchange Commis-
sion; accompanied by David Ferber, Associate General Counsel, and
Dolph Simon, Assistant General Counsel.

Bernard A. Foster, American Bar Association delegate, Section on
Minerals and Natural Resources Law...
Prof. Ralph F. Fuchs, School of Law, University of Indiana, Bloom-
ington, Ind.

Everett Hutchinson, Commissioner, Interstate Commerce Commis-
sion; accompanied by Robert Ginnane, Esq., General Counsel,
Interstate Commerce Commission; and Bertram E. Stillwell, Di-
rector, Bureau of Operating Rights, Interstate Commerce Commis-
sion_..

Earl W: Kintner, attorney, Washington, D.C.

James M. Landis, former dean of Harvard Law School; former special
assistant to President Kennedy-

John D. Lane, attorney, Washington, D.C.

Webster P. Maxson, Director, Office of Administrative Procedure,
Department of Justice; accompanied by Henry Williams, Depart-
ment of Justice.

Page

26

64

107

46

52

78

33

136

58

Prof. N. L. Nathanson, School of Law, Northwestern University,
Chicago, Ill

42

Max D. Paglin, General Counsel, Federal Communications Commis-

sion___

70

The Honorable E. Barrett Prettyman, senior circuit judge, U.S.
Court of Appeals for the District of Columbia__
Harold Russell, chairman of the American Bar Association Special
Committee on Legal Services and Procedure_

7

Ashley Sellers, vice chairman, American Bar Association Special Com-
mittee on Legal Services and Procedure _ _.
Elmer B. Staats, Deputy Director, Bureau of the Budget, accompanied
by Hazel Guffey and Harold Seidman, Office of Management and
Organization, Bureau of the Budget_
Laurence K. Walrath, Chairman, Interstate Commerce Commission_
Additional submissions to the hearings record:

Memorandum of Judge E. Barrett Prettyman on the history and op-
eration of the Administrative Conference of the United States___
Letter from Chief Justice Earl Warren of the U.S. Supreme Court,
endorsing the establishment of a permanent Administrative Con-
ference of the United States, June 11, 1963

Letter and memorandum of Mr. John Trubin, chairman, Committee
on Administrative Law, the Association of the Bar of the City of
New York, June 17, 1963..

Letter from Prof. Walter Gellhorn, Columbia University School of
Law, proposing clarifications of permanent Administrative Con-
ference bill, June 7, 1963-

Letter from Prof. Ralph F. Fuchs expanding his original testimony
before the subcommittee, June 14, 1963.

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Letter from the chairmen of the seven regulatory commissions en-
dorsing the establishment of a permanent Administrative Confer-
ence of the United States, June 10, 1963----

51

Letter from Hon. Laurence K. Walrath, Chairman, Interstate Com-
merce Commission, June 12, 1963..

52

III

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ADMINISTRATIVE CONFERENCE OF THE UNITED

STATES

WEDNESDAY, JUNE 12, 1963

U.S. SENATE,

SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND
PROCEDURE OF THE COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The subcommittee met, pursuant to call, at 10 a.m., in room 2228, New Senate Office Building, Senator Edward V. Long (chairman of the subcommittee) presiding.

Present: Senator Long.

Also present: Bernard Fensterwald, Jr., chief counsel; Cornelius B. Kennedy, minority counsel; Carlile Bolton-Smith, assistant counsel.

Senator LONG. The committee will come to order.

I say to you first, the committee appreciates the presence of all of you who appear here this morning. We are happy that some of our leaders in this field are here to testify as the day goes on. We recognize, too, that Mr. Joseph Hyman has done a great deal of work in this field as counsel of the Subcommittee on Administrative Procedure over in the House. Joe, we are happy to have you here.

At this point in the record we shall print the text of the bill before us (S. 1664):

[S. 1664, 88th Cong., 1st sess.]

A BILL To provide for continuous improvement of the administrative procedure of Federal agencies by creating an Administrative Conference of the United States, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Administrative Conference Act".

FINDINGS AND DECLARATION OF POLICY

SEC. 2. The Congress finds and declares that—

(a) administration of regulatory and other statutes enacted by Congress in the public interest substantially affects large numbers of private individuals and many areas of business and economic activity;

(b) the protection of public and private interests requires countinuing attention to the administrative procedure of Federal agencies to insure maximum efficiency and fairness in achieving statutory objectives;

(c) the diversity of Federal activities frequently precludes the establishment by statute of administrative procedure which would be generally suitable for use by all agencies;

(d) responsibility for assuring fair and efficient administrative procedure is inherent in the general responsibilities of officials appointed to administer Federal statutes;

(e) experience has demonstrated that cooperative effort among Federal officials, assisted by private citizens and others whose interest, competence,

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