COMMITTEE ON RULES EIGHTY-FOURTH CONGRESS SECOND SESSION UNDER AUTHORITY OF H. Res. 462 A RESOLUTION TO AMEND THE RULES OF THE HOUSE 78290 MAY 22, 23, AND 24, 1956 Printed for the use of the Committee on Rules UNITED STATES WASHINGTON: 1956 DEPOSITED BY THE UNITED STATES OF AMERICA : 2843 8886 PROPOSED ESTABLISHMENT OF COMMITTEE ON ADMINISTRATIVE PROCEDURE AND PRACTICE TUESDAY, MAY 22, 1956 HOUSE OF REPRESENTATIVES, The committee met at 10 a. m., Hon. Richard Bolling (chairman of the subcommittee) presiding. Present: Messrs. Bolling, Smith, and Latham. Mr. BOLLING. The subcommittee will be in order. The purpose of the hearing today, tomorrow, and the next day, is to hear the testimony of the representatives of the American Bar Association on House Resolution 462, which was introduced by the chairman of the full Committee on Rules, Judge Howard Smith. At the conclusion of the hearings this week the committee plans to furnish copies of the testimony to each of the chairmen of standing committees of the House and to the vice chairman, a Member of the House, of the Joint Committee on Atomic Energy, with the request that they furnish us their written comments. After studying the replies and the testimony, the subcommittee will decide on further proceedings. (The resolution referred to above is as follows:) [H. Res. 462, 84th Cong., 1st sess.] RESOLUTION Resolved, That clause 1 of rule X of the Rules of the House of Representatives is amended by inserting, after "the following standing committees:", the following: "(a) Committee on Administrative Procedure and Practice, to consist of members.", and subsections lettered "(a)" through "(s)" are relettered (b) through (t), respectively. SEC. 2. Rule XI of the Rules of the House of Representatives is amended by inserting, immediately preceding "1. Committee on Agriculture.", the following: "1. Committee on Administrative Procedure and Practice." "(a) Procedures of administrative agencies. "(b) Publication of rules, orders, policies, and information of administrative agencies. "(c) Hearing officers of administrative proceedings. "(d) Such committee shall have the duty of— "(1) studying complaints concerning abuses of administrative authority and the exercise of unusual and unexpected powers and the need for legislative standards to limit the exercise of administrative discretion in areas of delegated power; "(2) studying the procedures and practices of administrative agencies with a view to determining whether such procedures and practices are in accordance with law, adequately protect public and private rights, avoid undue delay and unnecessary expense, and comport with principles of fair play; and “(3) evaluating the effects of laws enacted to regulate procedures of administrative agencies. "(e) The term 'administrative agencies' as used herein includes departments, commissions, and independent establishments and offices." Clauses "1" through "29" are renumbered "2" through "30", respectively. Mr. BOLLING. Our first witness is Mr. Rufus G. Poole, chairman of the administrative law section of the American Bar Association. Mr. Poole, you may proceed as you wish, either to read your statement in full or submit the statement for inclusion in full in the record and summarize. STATEMENT OF RUFUS G. POOLE, CHAIRMAN OF THE SECTION OF ADMINISTRATIVE LAW, AMERICAN BAR ASSOCIATION Mr. POOLE. I think, Mr. Chairman, I would prefer to read it. If there are any questions as I proceed with the reading, I will be glad to be interrupted. Mr. CHAIRMAN. My name is Rufus G. Poole. I am chairman of the section of administrative law of the American Bar Association. I reside in Washington, D. C., and am actively engaged there in the practice of law. I am appearing in behalf of the American Bar Association to support and urge adoption of House Resolution 462. The association at its midwinter meeting in February of this year, by resolution of the house of delegates, which I hereby offer for the record, called upon the Congress to establish a permanent congressional committee on administrative procedure at the legislative level. Mr. BOLLING. It will be accepted without objection. (The document referred to is as follows:) RESOLUTION ADOPTED BY AMERICAN BAR ASSOCIATION AT MIDWINTER MEETING, FEBRUARY 20, 1956 Resolved, That the American Bar Association believes that there should be established within the Congress of the United States a permanent committee on administrative procedure, duly authorized and directed, among other responsibilities (a) To screen and study complaints concerning the procedures of the administrative agencies n order to help insure fair play and due process. (b) To exercise continuous watchfulness over the Administrative Procedure Act and laws of like character, and to examine, appraise, and report on proposed legislation which would, directly or indirectly, affect such act and laws or the principles they embody, including any proposed departures or exemptions therefrom. (c) To determine whether the administrative agencies are complying with the requirements of the Administrative Procedure Act and laws of like character, and with the principles they embody, to the end that public and private rights may receive proper protection in accordance with constitutional requirements and congressional policies. Further resolved, That the section of administrative law is authorized and directed to represent the association in furtherance of the above-stated views. Mr. POOLE. House Resolution 462, which would establish a standing committee on administrative procedure and practice with defined jurisdiction, is designed to accomplish the general objectives sought by the association. In the first part of my statement I shall discuss some of the reasons why the establishment of the proposed committee is critically impor |