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 20-497 JUNE 12, 13, 14, 1963 Printed for the use of the Committee on the Judiciary 88-1-5 Statement of Herbert Brownell, former Attorney General of the United States under Manuel F. Cohen, Commissioner, Securities and Exchange Commis- Bernard A. Foster, American Bar Association delegate, Section on Everett Hutchinson, Commissioner, Interstate Commerce Commis- Earl W: Kintner, attorney, Washington, D.C. James M. Landis, former dean of Harvard Law School; former special John D. Lane, attorney, Washington, D.C. Webster P. Maxson, Director, Office of Administrative Procedure, Page 26 64 107 46 52 78 33 136 58 Prof. N. L. Nathanson, School of Law, Northwestern University, 42 Max D. Paglin, General Counsel, Federal Communications Commis- sion___ 70 The Honorable E. Barrett Prettyman, senior circuit judge, U.S. 7 Ashley Sellers, vice chairman, American Bar Association Special Com- Memorandum of Judge E. Barrett Prettyman on the history and op- Letter and memorandum of Mr. John Trubin, chairman, Committee Letter from Prof. Walter Gellhorn, Columbia University School of Letter from Prof. Ralph F. Fuchs expanding his original testimony Letter from the chairmen of the seven regulatory commissions en- 51 Letter from Hon. Laurence K. Walrath, Chairman, Interstate Com- 52 III Additional submissions to the hearings record-Continued Letter from Hon. J. Lee Rankin endorsing the establishment of a Letter from Hon. E. William Henry, Chairman, Federal Communi- Letter from Mr. Max Paglin, supplementing his testimony before the Letter from Hon. Joseph C. Swidler, Chairman, Federal Power Com- Letter from Fred B. Smith, Acting General Counsel of the Treasury Department, endorsing establishment of permanent Administrative Conference of United States, June 12, 1963- Draft of American Bar Association's Administrative Conference bill Statement of Prof. Earl Latham, Joseph B. Eastman, professor of po- litical science and chairman of the Department of Political Science, Amherst College, June 21, 1963... Letter from Donald W. Alexander, Administrator of the Maritime Administration, endorsing the establishment of a permanent Admin- Letter from Senator Edward V. Long to Attorney General Robert F. Kennedy requesting comments on the applicability of the conflict of ADMINISTRATIVE CONFERENCE OF THE UNITED STATES WEDNESDAY, JUNE 12, 1963 U.S. SENATE, SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND 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, 1 |