HOUSE OF REPRESENTATIVES, SPECIAL SUBCOMMITTEE ON LEGISLATIVE OVERSIGHT OF THE The special subcommittee met at 9:30 a.m., pursuant to notice, in room 1334, House Office Building. Present: Representatives Harris (presiding), Rogers of Texas, Flynt, Moss, Bennett, Springer, Derounian, Devine, Roberts, Friedel, Rogers of Florida, and Hemphill. Also present: Robert W. Lishman, counsel to the subcommittee; Beverly M. Coleman, subcommittee attorney, Herman Clay Beasley, subcommittee clerk, and Jack Marshall Stark, minority counsel. The CHAIRMAN. The subcommittee will come to order. In view of the importance of these hearings, the Chair feels that it is appropriate to make a statement. It is longer than the usual statement that I make during a discussion of this kind, because we try to reserve the time for the panel. We have under consideration what I feel is about as important a problem as the Congress can deal with, particularly since it affects all the major regulatory agencies of our Government, in trying to arrive at the most appropriate procedure with reference to administrative actions of these agencies, and yet strengthen the commissions so they can more efficiently serve the American people and assume the responsibilities that are theirs. It is, to me, a problem that should be most carefully and thoroughly considered. May I say at the outset that I do appreciate the response that we have had from various groups in Government and out of Government in connection with these proposals. Since our committee's work last year, the report that we filed with the Congress on January 3, the proposed legislation resulting therefrom in the form of the bill H.R. 4800, various groups and organizations have given consideration to concrete proposals to reach the matters that were developed. We think it is most important, because whatever results from this consideration we want to be constructive. Not only the agencies of the Government and the various bars of the agencies, but the American Bar Association, the District Bar Association, and others, industry people involved, have given a lot of thought and consideration, and have responded, we think admirably, indicating their cooperation in these panel discussions. On behalf of the committee I wish to personally thank those of you on this panel today, and those who will follow with the other five major agencies day by day. I also wish to commend you for your interest and your efforts to assist the committee with this most difficult problem. Today and through June 24, the subcommittee will hear a distinguished panel of speakers who will present their views on administrative process problems centering around four assigned topics. Representatives of the administrative agencies subject to the jurisdiction of the subcommittee, attorneys practicing before them, and representatives of companies regulated by them, as well as representatives of bar associations, trade associations, and the Federal Trial Examiners' Conference will participate. It is understood that the views to be expressed are the views of the individuals and are not necessarily views of their agency or organization. At this point there will be included in the record the rules of procedure of the subcommittee adopted by it on May 20, 1959. Included in the pamphlet containing the rules of procedure are House Resolutions 7 and 56 of the 86th Congress; rule XI, 26, Rules of the House of Representatives; and an outline of the subcommittee's activities also adopted by the subcommittee on May 20, which states the subcommittee's purposes, agencies to be examined, and subjects to be considered. (The document referred to follows:) RULES OF PROCEDURE Special Subcommittee on Legislative Oversight of the House Committee on Interstate and Foreign Commerce (H. Res. 56, 86th Cong.), U.S. House of Representatives The Special Subcommittee on Legislative Oversight was appointed under the authority of section 136 of the Legislative Reorganization Act of 1946, 60 Stat. 812, H. Res. 7, 86th Congress, and H. Res. 56, 86th Congress, agreed to January 28, 1959. [H. Res. 7, 86th Cong., 1st sess.] IN THE HOUSE OF REPRESENTATIVES January 7, 1959 Mr. SMITH of Virginia submitted the following resolution; which was considered and agreed to RESOLUTION Resolved, That the rules of the House of Representatives of the 85th Congress, together with all applicable provisions of the Legislative Reorganization Act of 1946, as amended, be, and they are hereby, adopted as the rules of the House of Representatives of the 86th Congress. [H. Res. 56, 86th Cong., 1st sess.} IN THE HOUSE OF REPRESENTATIVES January 7, 1959 Mr. HARRIS submitted the following resolution; which was referred to the Committee on Rules January 26, 1959 Reported with amendments, referred to the House Calendar, and ordered to be printed January 27, 1959 Considered and agreed to RESOLUTION Resolved, That effective from January 3, 1959, the Committee on Interstate and Foreign Commerce may make investigations and studies into matters within its jurisdiction, including the following: (1) Policies with respect to competition among the various modes of transportation, whether rail, air, motor, water, or pipeline; measures for increased safety; and adequacy of the national transportation system for defense and the needs of an expanding economy; (2) Policies with respect to the promotion of the development of civil aviation; measures for increased safety; restrictions on American air carriers which impede the free flow of commerce; routes, rates, accounts, and subsidy payments; airport construction, hazards of adjacency to airports, and condemnation of airspace; aircraft and airline liability; aircraft research and development, and market for American aircraft; and air navigational aids and traffic control; (3) Allocation of radio spectrum; color television; pay television; educational television; ownership and control of radio and television stations; technical developments in the communications field; (4) Adequacy of the protection to investors afforded by the disclosure and regulatory provisions of the various Securities Acts; (5) Adequacy of petroleum, natural gas, and electric energy resources for defense and the needs of an expanding economy; adequacy, promotion, regulation, and safety of the facilities for extraction or generation, transmission and distribution of such resources; development of synthetic liquid fuel processes; and regulation of security issues of and control of natural gas pipeline companies; (6) Advertising, fair competition, and labeling; (7) Research in weather, including air pollution and smog, and artificially induced weather; (8) Effects of inflation upon benefits provided under railroad retirement and railroad unemployment programs; and inequities in provisions of statutes relating thereto, with comparison of benefits under the social security system; (9) Adequacy of medical facilities, medical personnel, and medical teaching and training facilities; research into human diseases; provisions for medical care; efficient and effective quarantine; protection to users against incorrectly labeled and deleterious foods, drugs, cosmetics, and devices; and other matters relating to public health; (10) Disposition of funds arising from the operation of the Trading With the Enemy Act; (11) Current and prospective consumption of newsprint and other papers used in the printing of newspapers, magazines, or such other publications as are admitted to second-class mailing privileges; current and prospective production and supply of such papers, factors affecting such supply, and possibilities of additional production through the use of alternative source materials; (12) Increase in traffic accidents on the streets and highways of the United States during recent years; factors responsible for such increase, the resulting deaths, personal injuries, and economic losses; and measures for eliminating such accidents or reducing their frequency and severity; and (13) The administration and enforcement by departments and agencies of the Government of provisions of law relating to subjects which are within the jurisdiction of such committee. Provided, That the committee shall not undertake any investigation of any subject which is being investigated by any other committee of the House. For the purposes of such investigations and studies the committee, or any subcommittee thereof, may sit and act during the present Congress at such times and places within the United States, whether the House has recessed, or has adjourned, to hold such hearings, and to require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any member of the committee designated by him, and may be served by any person designated by such chairman or member. The committee may report to the House at any time during the present Congress the results of any investigation or study made under authority of this resolution, together with such recommendations as it deems appropriate. Any such report shall be filed with the Clerk of the House if the House is not in session. RULES OF PROCEDURE SPECIAL SUBCOMMITTEE ON LEGISLATIVE OVERSIGHT OF THE HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE (Adopted May 20, 1959) (Issued Pursuant to H. Res. 7, H. Res. 56, and Rule XI (26, (k) and (1), Rules of the House of Representatives, 86th Congress (H. Doc. 458, 85th Congress)) 1. The Subcommittee shall conduct investigations pertaining to the workings of the independent regulatory commissions and agencies which are subject to the jurisdiction of the parent committee and pertaining to the adequacy of existing commission and agency laws and regulations and their administration. The investigations are intended to assist the Subcommittee in making legislative or other recommendations to the Congress and to the administrative commissions and agencies, and to fulfill the duty of legislative oversight and supervision provided in the Legislative Reorganization Act of 1946. 2. The subject of any investigation in connection with which witnesses are summoned or shall otherwise appear shall be announced by the Chairman of the Subcommittee before commencement of any hearing. The information sought to be elicited in the hearing shall be relevant and germane to the subject as so stated. 3. Subpenas shall be signed and issued by the Chairman of the Committee on Interstate and Foreign Commerce or any member of the Subcommittee designated by the Chairman. Witnesses shall be subpenaed at a reasonably sufficient time to be determined by the Chairman in advance of any hearing, in order to give the witness an opportunity to prepare for the hearing and to employ counsel should he so desire. 4. If the Subcommittee determines that the interrogation of a witness in a public hearing might endanger national security or unjustly injure his reputation or the reputation of other individuals, the Subcommittee shall interrogate such witness in an executive session for the purpose of determining the necessity or advisability of conducting such interrogation thereafter in a public hearing. 5. Attendance at executive sessions shall be limited to members of the Subcommittee, its staff, and other persons whose presence is requested or consented to by the Subcommittee. 6. All discussion, testimony, and action occurring in executive session shall be kept secret and shall not be released or used in public sessions without the consent of the Subcommittee. 7. All other hearings shall be public. 8. A Subcommittee quorum for the purpose of taking testimony shall consist of not less than two members. No hearing shall be conducted in the absence of the quorum of Subcommittee. 9. All witnesses at public or executive hearings who testify as to matters of fact shall give all testimony under oath or affirmation. Only the Chairman or a member of the Subcommittee shall be empowered to administer such oath or affirmation. 10. A complete and accurate record shall be kept of all testimony and proceedings at hearings, both in public and in executive session. 11. Any witness or his counsel, upon approval of the Chairman and at the expense of the witness, may obtain a transcript of public testimony of the witness. 12. Any witness or his counsel, upon approval of the Chairman and at the expense of the witness, may also obtain a transcript of any executive testimony of the witness when a special release of said testimony prior to public release is authorized by the Chairman, or after said testimony has been made public by the Subcommittee. 13. At every investigative hearing, public or executive, witnesses may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. The failure of a witness to secure counsel shall not excuse such witness from attendance in response to a subpena. 14. The participation of counsel during the course of any investigative hearing shall be limited to advising the witness as to his constitutional rights. Counsel shall not be permitted to engage in oral argument with the Subcommittee or to cross-examine, but shall confine his activity to the area of such advice to his client. This rule shall not be construed as authorizing counsel to coach the witness, answer for the witness, or put words in the witness' mouth, or as excusing a witness from testifying in the event his counsel is ejected for contumacy or disorderly conduct. 15. The privilege of a witness to be accompanied by counsel shall not be exercised in such a manner as to interfere with the orderly conduct of the investigative hearing or to diminish in any respect the Subcommittee's control of the conduct of such hearing. 16. Any witness desiring to make a prepared or written statement for the record of the investigative proceedings in public or executive session, insofar as it is practicable, shall file a copy of such statement with the counsel of the Subcommittee within a reasonable period of time in advance of the hearing at which the statement is to be presented. 17. All such statements so received which are relevant and germane to the subject of the investigation, upon approval of the majority of the Subcommittee, may be inserted into the official transcript of the proceedings. 18. All witnesses shall be limited to giving information relevant and germane to the subject under investigation. The Subcommittee shall rule upon the admissibility of all testimony or information presented by the witness. 19. At the conclusion of his testimony, or at the conclusion of testimony of a witness who has commented on him adversely, any person appearing before the Subcommittee shall have the privilege, upon approval of the Subcommittee, to file a supplementary written sworn statement of facts, provided this privilege is exercised within a reasonable time to be fixed by the Chairman. 20. Each witness who has been subpenaed or who has appeared at the request of the Subcommittee, upon the completion of his testimony, may report to the office of the Clerk of the Subcommittee and there sign appropriate vouchers for travel allowances and attendance fees upon the Subcommittee. If hearings are held in cities other than Washington, D.C., the witness may contact the Clerk of the Subcommittee, or his representative, prior to leaving the hearing room. 21. The foregoing Rules of Procedure are subordinate to the Rules of the House of Representatives and are to be interpreted and applied in conjunction with and in conformity to the Rules of the House. APPENDIX I Rule XI, 26, Rules of the House of Representatives (a) The rules of the House are the rules of its committees so far as applicable, except that a motion to recess from day to day is a motion of high privilege in committees. Committees may adopt additional rules not inconsistent therewith. (b) Each committee shall keep a complete record of all committee action. Such record shall include a record of the votes on any question on which a record vote is demanded. (c) All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committe; and such records shall be the property of the House and all Members of the House shall have access to such records. Each committee is authorized to have printed and bound testimony and other data presented at hearings held by the committee. |