HEARINGS

BEFORE A

SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

SEVENTY-SEVENTH CONGRESS

FIRST SESSION

ON

S. 674

A BILL TO PRESCRIBE FAIR STANDARDS OF DUTY AND PRO-
CEDURE OF ADMINISTRATIVE OFFICERS AND AGENCIES, TO
ESTABLISH AN ADMINISTRATIVE CODE, AND

FOR OTHER PURPOSES

S. 675

A BILL TO REVISE THE ADMINISTRATIVE PROCEDURE OF
FEDERAL AGENCIES; TO ESTABLISH THE OFFICE OF FED-
ERAL ADMINISTRATIVE PROCEDURE; ΤΟ PROVIDE FOR
HEARING COMMISSIONERS; TO AUTHORIZE DECLARATORY
RULINGS BY ADMINISTRATIVE AGENCIES; AND FOR
· OTHER PURPOSES

AND

S. 918

A BILL TO PROVIDE FOR THE MORE ECONOMICAL, EXPEDI-
TIOUS, AND JUST SETTLEMENT OF DISPUTE WITH THE
UNITED STATES, AND FOR OTHER PURPOSES

316412

PART 1

APRIL 2 TO 29, 1941

Printed for the use of the Committee on the Judiciary

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1941

CONTENTS!

Statements of-

Aitchison, Clyde B., Commissioner, Interstate Commerce Com-

mission

Bell, Daniel W., Under Secretary of the Treasury.

Bendetson, Capt. Karl R., office of the Judge Advocate General, War

Department

Bernard, Lawrence J., Assistant General Counsel, Treasury Depart-

ment

Eastman, Joseph B., Chairman, Interstate Commerce Commission -

Eicher, Edward C., Chairman, Securities and Exchange Commission.

Fly, James Lawrence, Chairman, Federal Communications Com-

mission...

Page

412

131

35

153

412

311

214

313

Healy, Robert E., member, Securities and Exchange Commission

Kelley, William T., Chief Counsel, Federal Trade Commission. 308 and 409

Kelly, Walter E., office of the Solicitor, Post Office Department... -

Lane, Chester T., General Counsel, Securities and Exchange Com-

mission....

McLaughlin, Charles V., Assistant Secretary of Labor, Department

of Labor..

McNutt, Paul V., Administrator, Federal Security Agency

Millis, Harry L., Chairman, National Labor Relations Board

O'Brien, William C., office of the Solicitor, Post Office Department.

Rhetts, C. E., Associate Solicitor, Department of Labor

Sellers, Ashley, office of the Solicitor, Department of Agriculture.

Watts, Robert B., General Counsel, National Labor Relations Board __

Wooden, Walter B., Assistant Chief Counsel, Federal Trade Com-

mission..

GOVERNMENTAL DepartmentS AND AGENCIES REPRESENTED BY TESTIMONY

IN PART 1

Department of War.

51

377

173

243

254

57

175

69

271

283

Post Office Department.

Department of Agriculture.

Department of the Treasury.

Department of Labor.

Federal Communications Commission.

Federal Security Agency.

National Labor Relations Board.

* A runsolidated index and appendix appears in the final part of these hearings.

ADMINISTRATIVE PROCEDURE

WEDNESDAY, APRIL 2, 1941

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C.
The subcommittee met, pursuant to call, at 10:30 a. m., in the
committee room, Capitol, Senator Carl A. Hatch (chairman) pre-
siding.

Present: Senators Hatch (chairman), O'Mahoney, Austin, and
Danaher.

Senator HATCH. The committee will come to order, gentlemen.
The purpose, of course, as everyone knows, of this committee meet-
ing is to consider bills Nos. S. 674, S. 675, and S. 918. I think all
three bills should be printed in the record in the beginning of the
hearings.

(S. 674, S. 675, and S. 918 are as follows:)

[S. 674, 77th Cong., 1st sess.]

A BILL To prescribe fair standards of duty and procedure of administrative officers and
agencies, to establish an administrative code, 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, divided into titles
and sections according to the following table of contents, may be cited as the
"Federal Code of Administrative Procedure":

TABLE OF CONTENTS

TITLE I-GENERAL PROVISIONS

See 101 Declaration of general policy.

See 102. Definitions.

Sec. 103. Delegation and decentralization of authority within agencies.

(a) Certain types of duties.

(b) Boards and single administrators.

(c) Field offices.

(d) Publication of all delegations.

(e) Right to appear before superior authorities.

Sec. 104. Appearance and representation of parties.

Se 105, Attorneys and agents.

(a) Suspension or debarment.

(b) Admissions to practice.

(c) Attorneys.

(d) Former employees.

(e) Other persons.

See 106. Investigations.

See 107. Subpenas.

See 108. Publicity.

Sec. 109. Provision for the continuous improvement of administrative procedure.

(a) Office of Federal Administrative Procedure.

(b) Personnel functions and staff.

(c) Other duties.

(d) Special inquiries.

(e) Agency liaison officers and advisory committees.

See 110. Effect and enforcement.

See 111. Suspension of particular applications of code.

Nee 112. Separability of provisions.

See 113. Effective date of act.

1