Mr. EDWARDS. Perhaps they are not implementing it-just using them as an example-have they given real consideration to your proposals? It may be one thing to implement. Maybe they just conclude you don't know what you are talking about, that you are wrong, but have they given serious consideration to what you recommend? Mr. SCALIA. Yes, sir; they have, absolutely. I don't know of any case in which we have come up with a recommendation which the agency to which it is directed has not given thorough consideration. We usually go out of our way, where a particular recommendation will have special impact upon an individual agency, to get that agency into the process at a relatively early stage, to give them an opportunity to come to the committee meetings at which the proposed recommendation is considered. By our nature we have to maintain good relations with the agencies and we make every effort to do that. Mr. EDWARDS. Do you find any relationship between lack of cooperation and the fact that a particular agency does not have a member in your conference? Mr. SCALIA. I can't say that that is a special consideration. With almost all agencies we either have someone in that agency or within the mother agency within which it exists. SECRETARIAL SUPPORT Mr. EDWARDS. You are asking $25,000 for printing and reproduction which leads me to the question: Who does your secretarial work? Do you have a staff? Mr. SCALIA. Of our current 12 positions, only 7 of those are lawyers. The remainder are clerical personnel. Mr. EDWARDS. I am looking at the pay scale. It is kind of frightening for secretarial help. I presume you are in the GS-5 to 10 or 11 bracket if you have that many secretarial types. Are you paying secretaries $12,000 to $15,000 and up? Mr. CUSHMAN. Three of them. One is paid in excess of $15,000. I might say the one that gets $15,000 or more is the executive assistant secretary to the chairman. My secretary, who is also the administrative assistant-does all the travel vouchers, all of the administrative work-is paid at grade 10. Her salary is $14,000. We have one other who is paid about $12,000-we have 2 grade 7's and a grade 5. Mr. SCALIA. I think what may be deceptive is this fact: We have no professional personnel whatever except lawyers so that Mrs. Barnes, for example, who is the executive assistant of the Conference, does many things which are really much above what I would consider secretarial functions. She has been with the Conference from the beginning. She schedules committee meetings, she is familiar in most cases on a personal basis with the members of the Conference, and is of invaluable assistance to the Chairman's Office. In evaluating the level of secretaries, I think you have to bear in mind that we have no professional personnel whatever except lawyers, all of whom except Mr. Cushman do exclusively legal work and no administrative work at all. Mr. EDWARDS. I just hope my staff doesn't see the scale you use for your secretaries. MONITORING CONTRACTS You say on page 4 that you will continue to rely heavily on parttime consultants or contractors in the course of your research activities. How do you go about monitoring those contracts? Mr. SCALIA. Before the contract is let we get a statement of just what the contractor intends to do. The full amount is not paid at once, but rather a preliminary outline is submitted by the contractor, at which point he gets a certain percentage of his contract fee, and then the balance when he has submitted a completed report. Mr. EDWARDS. I was not thinking so much about the money but the quality of the work as it progresses. Do your lawyers ride herd on contractors at frequent intervals or how do you keep up with what is being done? Mr. SCALIA. I would not even say at frequent intervals. They are in regular contact with the consultants. That is one of the major functions of the lawyers on my staff. Also, I would add that what I truly believe is the most effective safeguard is the expertise that the Conference has developed over the years in the selection of consultants. I think we know who are the good people in the field of administrative law. It is perhaps for that reason that each of the previous chairman has been a law professor, as I am. I think that knowledge-I think "knowing the territory" is very important. That is really the most effective safeguard. Mr. EDWARDS. Thank you, Mr. Chairman. Mr. SCALIA. May I just add to my last comment? For the information of the committee, I would like to submit, though not for the record, a study recently completed by Professor Merrill of the University of Virginia Law School concerning procedures for effecting and adjudicating adverse actions against Federal employees. It cost us $4,000 and I think it is an excellent study. I may also add a recommendation based on that study has been adopted and will be substantially implemented by the Civil Service Commission. Mr. STEED. Gentlemen, thank you very much for your appearance, for your information, and your cooperation. On behalf of the subcommittee, I want you to know we think you are on the right track and doing a good job. Mr. SCALIA. Thank you, sir. JUSTIFICATION OF THE BUDGET ESTIMATES ADMINISTRATIVE CONFERENCE OF THE UNITED STATES, JUSTIFICATION OF THE FISCAL 1974 BUDGET ESTIMATE GENERAL STATEMENT The Administrative Conference of the United States is a permanent, independent Federal agency established in 1964 by the Administrative Conference Act, 5 U.S.C. §§ 571-576, and activated in January 1968. It is the successor of two temporary Administrative Conferences, established by President Eisenhower in 1953 and by President Kennedy in 1961. Its mission is to monitor all aspects of the administrative process in all of the executive and independent agencies; to identify and analyze the causes of administrative inefficiency, delay and unfairness; to recommend to the Congress, the President, the agencies, and the Judicial Conference of the United States specific means of improvement; and to furnish, on agency request, assistance and advice on matters of administrative procedure. The Conference is a sizable deliberative body composed of top-level Government officials and persons of national reputation in administrative law drawn from the private sector; all except the Chairman serve on a part-time basis without compensation. The Assembly of the Conference consists of 89 members: the Chairman, who is a full-time Government official appointed by the President with the advice and consent of the Senate; 10 Presidential appointees who serve on the Council; 43 high-level officials from 35 Government agencies; and 35 public members. The Assembly conducts its business much like a legislative body, in Plenary Sessions that convene twice a year. The proposals to be considered at these sessions are generally developed by the Conference's nine standing committees, which meet frequently throughout the year and conduct detailed studies with the assistance of the full-time professional staff in the Chairman's Office and approximately 30 part-time consultants (mostly law professors). The Council of the Conference meets on call, at least four times each year, to give direction and guidance to the agency's work. The functions of providing advice and assistance to the agencies, presenting Conference recommendations to the agencies and to Committees of the Congress, and seeking implementation of Conference proposals, are the responsibilities of the Chairman, who has the assistance of a small, highly qualified staff. A. CONFERENCE RECOMMENDATIONS During its first four years, the Conference adopted 39 formal recommendations looking towards the attainment of such diverse goals as: Achieving compliance with the Freedom of Information Act; Eliminating duplicative procedures in pilot de-certification cases; Broadening public participation in administrative proceedings; Expediting trial-type proceedings through such devices as the use of summary procedures, discovery, and reduction of interlocutory appeals; Broadcasting agency proceedings; Improving procedures for the grant and denial of parole to Federal pris oners; Rationalizing the mandatory procedures for adoption of rules of general applicability; Encouraging the use of civil money penalties as a sanction; and Improving and simplifying procedures governing adverse actions against Federal employees. A substantial number of the Conference's recommendations have been implemented, and others are in the process of implementation. A detailed report on the status of implementation of recommendations is included in the 1971-72 Annual Report of the Administrative Conference. B. CURRENT STUDIES The standing committees of the Conference and the Chairman's Office are engaged in a variety of studies at the present time. They include the following: Quality Control of HEW Disability Benefit Cases; Agriculture Production Control Programs; Handling of Citizen Complaints by Federal Agencies; Federal Prison Grievance Procedures; HEW Affirmative Action Programs; Alien Labor Certification Procedures; Mining Claims Under the Hard Rock Minerals Permit Program; Licensing Procedures of Federal Banking Agencies; Settlement, Negotiation and Conciliation in Arbitration Cases (NLRBEEOC); Treasury Procedures for the Imposition of Anti-Dumping and Countervailing Duties; and Summary Administrative Action Prior to Formal Hearing. Making the Record: Alternatives to a Verbatim Transcript Rationalization of the Forum for Judicial Review: Court of Appeals vs. Feasibility of a Special Environmental Court Procedures of the Consumer Product Safety Commission Judicial Review of Deportation Orders Representation in Disability Claims Proposed Amendments to the Administrative Procedure Act C. OTHER CONFERENCE ACTIVITIES In addition to studies which look to formal recommendations, the Conference engages in important related activities. The Office of the Chairman furnishes views and comments on administrative law matters to the President, Federal agencies, and the Congress. Advice and counsel in the formulation of the procedural aspects of legislative proposals have been provided to the Executive Office of the President on a wide variety of matters, including legislation in the consumer field. Views and comments have been provided to Congress on the National Environmental Policy Act (NEPA), on the Freedom of Information Act, and on legislative proposals to authorize citizen suits to protect the environment, as well as on legislative proposals stemming from the Conference's own recommendations. The Chairman's Office is consulted with increasing frequency by the agencies themselves for advice on procedural problems arising throughout the Government. Its assistance is sought in establishing new procedures, revising old ones and explaining the requirements of existing law. The Conference also serves as a liaison for Federal agencies with state and local agencies, professional associations such as the American Bar Association, practitioner groups, and universities. D. RECENT LEGISLATION CONCERNING CONFERENCE APPROPRIATIONS On October 21, 1972, the President signed into law S. 3671 (P.L. 92-526, 92d Cong. 2d Sess.) which deleted the $450,000 ceiling on Conference appropriations and established new ceilings in graduated steps as follows: $760,000 in FY 1974, $805,000 in FY 1975, $850,000 in FY 1976, $900,000 in FY 1977, and $950,000 in FY 1978 and each fiscal year thereafter. While this legislation formally does no more than set an upper limit upon the sums that can be appropriated for the Conference each year, it inevitably involved Congressional judgments concerning the usefulness and the needs of this agency that are relevant and merit consideration in the appropriations process. The Senate Judiciary Committee said in its report on S. 3671: "We believe that a most persuasive case has been made for a substantial increase in the level of activity of the Administrative Conference. The ceiling now works a severe hardship at the very time when the Conference has demonstrated that there is a strong need for expanding its activities. At the very minimum, additional funds are required to meet inflationary costs and pay increases, to provide a modest increase in the full-time staff of the Conference in order to give it the administrative support necessary to handle its increased workload, and to publish and give wider dissemination to its reports and recommendations. "More importantly, however, the Conference has pointed to a number of promising projects which it can undertake only if its authorization is markedly increased. *** "The demonstrated capabilities of the Conference to conduct impartial, professional studies and to propose sound remedial measures support the conclusion that the Conference should now be given the opportunity to expand its activities along these lines." [Senate Report No. 92-1076] The House Judiciary Committee (House Report No. 92-1418) in recommending a $285,000 increase in Conference programs and in fixing the $760,000 ceiling for Fiscal Year 1974, used the following approach: Normal inflation and growth-($450,000 × 1.06).. Funding of statistical evaluations and other large-scale projects- Total. $475,000 85,000 200, 000 760, 000 It was the House Committee's estimate that "the Administrative Conference will be able to persuade the Appropriations Committee that the Conference should be funded up to the limit provided in the amended bill for fiscal years 1974 through 1978." An appropriation in the requested amount of $700,000 will permit a modest expansion of the Conference's full-time staff, provide funds for several major and much needed research projects (as described below) and enable the Conference to make continuing contributions to increased fairness, efficiency and economy in government. ས ། BASIS OF COST ESTIMATES Considerations affecting costs by object class are as follows: 1. Personnel compensation, $352,000. (a) Personnel compensation (permanent positions), $302,000. The full-time authorized staff of the Office of the Chairman would consist of 14 positions, an increase of 2 positions over 1973. The two new positions are needed to support the enlarged research program contemplated by this budget. The relatively small but highly qualified staff of the Chairman's Office is responsible for (1) providing all support necessary for the meetings of the Assembly, the Council, and the Committees of the Conference; (2) organizing and supervising Conference studies performed by part-time consultants or contractors; (3) researching and preparing Conference recommendations; (4) seeking implementation of Conference recommendations; and (5) providing the support needed for the Chairman's functions of furnishing advice to Executive departments and agencies, Congressional committees, and the Judicial Conference of the United States. (b) Personnel, positions other than per. anent, $50,000. Each of the Conference's nine standing committees normally undertakes at least two major projects a year, looking towards procedural improvements that require careful study of existing and alternative processes. The volume and complexity of this work require the services of a number of highly qualified part-time consultants-experts in the particular areas under study. Most of these are law professors, who are available for periods ranging from 30 to 50 days a year. Experience has demonstrated that performance contracts are the most cost-effective means of obtaining quality research (see discussion below under "Other Services"). Not infrequently, however, it is impossible to predict in advance the amount of research that will be necessary in a particular uncharted field; and sometimes what is desired is not a completed study, but a substantial preliminary assessment to determine whether further work is justified. Moreover, it is often useful for the Conference's committees to have a consultant available not for the purpose of prosecuting a particular project, but to assist in the identification and definition of new fields of inquiry. For these reasons, there is need for part-time per diem research consultants, who currently are paid at rates which are equivalent to their regular university salaries, but which by statute may not exceed $128 a day. Temporary personnel funds are also used to maintain the Conference's summer law intern program, which involves the hiring of outstanding law students for approximately 10 weeks each. This program adds to the capacity of the office during the period when many consultants are in Washington, and at the same time it fosters an interest among able young law students in the Conference and the many Federal agencies with which the Conference deals. Finally, temporary personnel funds are used to enable the hiring of law student assistants during the school year, to obtain at low cost routine research that may be necessary for projects undertaken by professional consultants. For Fiscal Year 1974, the Conference has allocated $50,000 to temporary personnel funds. This is an increase of $15,000 over Fiscal Year 1973. It contemplates the temporary employment of 9 per diem professional consultants-one for each committee of the Conference-and three summer interns, with the balance going for third-year law student assistance. 2. Personnel benefits, $24,000 It is estimated that the Government's share of the cost of employee benefits (retirement, social security, health insurance, etc.) will be $24,000. 3. Travel, $42,000 Public members of the Conference, many of whom are located outside of Washington, D.C., are not compensated for their participation in the work of the Conference. The Government is the beneficiary of many hundreds of hours of valuable advice from a highly qualified group of lawyers and scholars. These persons are entitled by statute to reimbursement for travel expenses incident to their participation. 5 U.S.C. 573 (c). The research studies of the Conference's consultants and contractors also entail a considerable amount of reimbursable travel; many aspects of administrative procedure can only be studied and evaluated properly in the field. Further, the Chairman and key staff members meet and discuss Conference activities with professional, business, governmental and other interested groups throughout the country. The Conference could not function without expenditure of a substantial amount for travel expenses. The estimated amount of $42,000 is based on costs in prior years, adjusted to accommodate the expanded program. |