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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; 10 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-
TIOU'S, AND JUST SETTLEMENT OF DISPUTE WITH THE

UNITED STATES, AND FOR OTHER PURPOSES

PART 1

APRIL 2 TO 29, 1941

Printed for the use of the Committee on the Judiciary

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639166

COMMITTEE ON THE JUDICIARY

FREDERICK VAN NUYS, Indiana, Chairman PAT MCCARRAN, Nevada

GEORGE W. NORRIS, Nebraska CARL A. HATCH, New Mexico

WARREN R. AUSTIN, Vermont TOM CONNALLY, Texas

JOHN A. DANAHER, Connecticut JOSEPH C. O'MAHONEY, Wyoming

ALEXANDER WILEY, Wisconsin JAMES H. HUGHES, Delaware

WILLIAM LANGER, North Dakota ALBERT B. CHANDLER, Kentucky

HAROLD HI. BURTON, Obio
WILLIAM H, SMATHERS, New Jersey
HARLEY M, KILGORE, West Virginia
ABE MURDOCK, l'tah
ERNEST W. MCFARLAND, Arizona

BEN STERN, Clerk
Dix. W. PRICE, Assistant Clerk

SUBCOMMITTEE ON S. 674, S. 675, AND S. 918

CARL A. HATCH, New Mexico, Chairman JOSEPH C. O'MAHONEY, Wyoming

WARREN R. AL'STIX, Vermont ALBERT B. CHANDLER, Kentucky

JOHN A. DANAHER, Connecticut

II

CONTENTS!

Statements of -

Page

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

mission

412

Bell, Daniel W., Under Secretary of the Treasury

131

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

Department

35

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

153

Farman, Joseph B., Chairman, Interstate Commerce Commission- 412

Eicher, Edward C., Chairman, Securities and Exchange Commission. 311

Fly, James Lawrence, Chairman, Federal Communications Com-

missjon.

214

Healy, Robert E., member, Securities and Exchange Commission. 313

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

hello, Walter E., office of the Solicitor, Post Office Department.. 51

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

mission

377

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

of Labor

173

Me lutt, Paul V., Administrator, Federal Security Agency

243

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

254

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

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

175

Seiler, Ashley, office of the Solicitor, Department of Agriculture

69

Waris, Robert B., General Counsel, National Labor Relations Board 271

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

mission..

283

GOVERNMENTAL DEPARTMENTS AND AGENCIES REPRESENTED BY TESTIMONY

IN Part 1

Department of War.

35

Pr! Office Department.

51 and 57

Department of Agriculture

69

Department of the Treasury

131 and 153

Dewariment of Labor.

173 and 175

Fabral Communications Commission.

214

Frederal Security Agency ---

243

laitial Labor Relations Board.

254 and 271

Ferjeral Trade Commission..

283, 308, 409

Secancies and Exchange Commission.

311, 313, 377

Inter-tate Commerce Commission.-

412

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

4 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

Stat*s 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 ('ode of Administrative Procedure":

TABLE OF CONTENTS

TITLE I-GENERAL PROVISIONS

Pep 101. Declaration of general policy.
Ber 102. Definitions.

ber. 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.

Sr. 104. Appearance and representation of parties.

See 105. Attorneys and agents.

(a) Suspension or debarment.

(b) Admissions to practice.

(c) Attorneys,

(d) Former employees.

(e) Other persons.

Ker 106. Investigations.

Str. 107. Subpenas.

W 105. Publicity.

Sec. 101. 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.

110 Effect and enforcement.

Kare 111. Suspension of particular applications of code.

N 112 Separability of provisions.

113. Effective date of act.

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