Landis Report

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The Landis Report was written by James M. Landis as a transition team analysis of the United States' administrative agencies for incoming President John F. Kennedy on December 21, 1960.

James M. Landis American lawyer, regulator

James McCauley Landis was an American academic, government official and legal adviser. He served as Chairman of the Securities and Exchange Commission from 1934 to 1937.

John F. Kennedy 35th president of the United States

John Fitzgerald "Jack" Kennedy, commonly referred to by his initials JFK, was an American politician and journalist who served as the 35th president of the United States from January 1961 until his assassination in November 1963. He served at the height of the Cold War, and the majority of his presidency dealt with managing relations with the Soviet Union. A member of the Democratic Party, Kennedy represented Massachusetts in the U.S. House of Representatives and Senate prior to becoming president.

Contents

A long-time friend of the Kennedy family, Landis served as a legal advisor to Joseph P. Kennedy and was President Kennedy's Special Counsel. At the time of the report, Landis was on the faculty of Harvard Law School. The report recommended greater clarity on the roles and authority of agency chairs. The Kennedy Administration adopted many of the report's recommendations.

Harvard Law School law school in Cambridge

Harvard Law School is one of the professional graduate schools of Harvard University located in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States and one of the most prestigious in the world. It is ranked first in the world by the QS World University Rankings and the ARWU Shanghai Ranking.

Summary

The report reviewed the overall state of United States administrative law and the relationship between the independent agencies and the executive branch. Landis expressed a concern for the backlog in administrative law cases and the cost of participating in administrative hearings. The report expressed concerns about ethic of administrative proceedings, including extensive ex parte communications. [1]

Administrative Conference of the United States

A major recommendation of the Landis Report was the establishment of the Administrative Conference of the United States, which is a permanent agency to study Federal administrative procedures and develop recommendations for improvement. Similar recommendations were made during the Eisenhower and Kennedy administrations. [2] In addition, the Landis Report recommended that legislation be adopted to establish a permanent agency. Such legislation was adopted in 1964 after President Kennedy's death. [3]

Administrative Conference of the United States independent agency of the United States government

The Administrative Conference of the United States (ACUS) is a nonpartisan independent agency of the United States government established in 1964 by the Administrative Conference Act. The Conference's purpose is to "promote improvements in the efficiency, adequacy, and fairness of the procedures by which federal agencies conduct regulatory programs, administer grants and benefits, and perform related governmental functions."

Power of agency chairs

Many federal administrative agencies have multiple members and operate as collegial bodies with one member designated as chairman. The report noted that before World War II, the main role of an agency chair was to preside at meetings, and agencies frequently rotated the chair duties among members annually. [4] However, under post-World War II reorganization plans, the President was given the responsibility to designate the chair from among the agency's commissioners, and the chair was given the power to set the internal organization and policy direction of the agency. [4] Landis noted that most chairs did not exercise this added authority, leaving the leadership of the agency to group decision making. [4] Landis recommended that the reorganization plans for the Federal Power Commission and the Interstate Commerce Commission be amended to make the chair of each agency serve at the pleasure of the President. [5] Landis also recommended that the plans for the administrative agencies clarify that the chair sets the budget, allocates funds and appoints the staff. [5]

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References

  1. Report at p. 11
  2. Memorandum Convening the President's Commission on Administrative Procedure, Public Papers 219-22 (Apr. 29, 1953); Executive Order 10934, 26 Fed. Reg. 3233 (Apr. 13, 1961).
  3. Administrative Conference Act of 1964, Pub. L. No. 88-499, 5 USC 591-596.
  4. 1 2 3 Landis Report at 11.
  5. 1 2 Landis Report at 60.