6 Admin. L. News 1 (1980-1981)

handle is hein.journals/admreln6 and id is 1 raw text is: The Chairman's Report

On the Roads to Regulatory Reform
For the past two years, the Section has been
heavily involved in what could turn out to be the
most significant regulatory reform legislation
since the Administrative Procedure Act or what
could simply become another casualty of an elec-
tion year. We held up this issue of the Ad-
ministrative Law News in the hope that we could
tell you about completed or almost-completed
legislation, but the uncertainty persisted through
the winter and we have been warned that we will
miss spring unless we get the issue out now. So
here is what has been happening and where we
stand as of the end of April.
Building on a foundation of the Section's own
studies and recommendations (including those
leading to 1970 ABA resolutions recommending
APA amendments), and those recently made by
the ABA's Special Commission on Law and the
Economy, the Section's Council has examined the
proposals for regulatory reform contained in bills
introduced by Senator Ribicoff, Chairman of the
Senate Governmental Affairs Committee (S. 2490
in 1978 and S. 262 in 1979), the Carter Administra-
tion (S. 755 and H.R. 3263), Senator Kennedy,
Chairman of the Judiciary Committee (S. 1291),
and Senator Culver, Chairman of the Judiciary
Committee's Subcommittee on Administrative
Practice and Procedure, and Senator Laxalt
(S. 2147). (The positions taken by the Section and
the ABA with respect to the Ribicoff and Admin-
istration bills were summarized in the Fall 1978
News and the Spring 1979 News. In addition, provi-
sions of Senator Kennedy's draft bill, which later
became the Culver-Laxalt bill, were summarized in
the Spring 1979 issue.)
Several aspects of the pending regulatory
reform bills were discussed at the Conference
sponsored by the Section and the Commission on
Law and the Economy in Washington on Septem-
ber 27 and 28 by, among others, Richard Neustadt,
Assistant Director of the White House Domestic

JOSEPH BARBASH [          .
Chairman   .V
Policy Staff, Professor Stephen Breyer, Chief
Counsel of the Senate Committee on the Judi-
ciary, and Richard Wegman, Chief Counsel and
Staff Director of the Senate Committee on Govern-
mental Affairs. (The complete transcript of the
Conference proceedings has just been published
in the Spring issue of the Administrative Law
Review, which was dedicated to Judge Harold
Leventhal of the Court of Appeals for the District of
Columbia, a speaker at the Conference and a most
highly valued member of our Section for many
years prior to his death in November. Complimen-
tary copies of this issue have been distributed to
all members of Congress, as has been the final
report of the Commission on Law and the
Economy entitled, as was the Conference, Federal
Regulation: Roads to Reform.)
At the Council's autumn meeting on September
29, aspects of the Kennedy bill were discussed by
Patty Sarris and Tom Sussman (members of the
Judiciary Committee Staff), who indicated some
hope that agreement could be reached on a single
omnibus bill that might be reported out to the
Senate prior to December.
In the meantime, several other ABA sections ex-
pressed particular interest in the proposed legisla-
tion. After consulting with our Section, President
Leonard Janofsky in October appointed an Ad Hoc
Coordinating Group on Regulatory Reform, com-
posed of representatives of those sections and the
Commission on Law and the Economy, to speak
for the ABA as the details of the regulatory reform
legislation evolved. The Chairman of the Ad Hoc
Coordinating Group is Richard B. Smith, Vice-
Chairman (under Chairman John J. McCloy) of the

Copyright © 1980 American Bar Association

Produced by the ABA Press

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