COMMITTEE ON THE JUDICIARY EARL C. MICHENER, Michigan, Chairman CHAUNCEY W. REED, Illinois EMANUEL CELLER, New York JOHN W. GWYNNE, Iowa FRANCIS E. WALTER, Pennsylvania LOUIS E, GRAHAM, Pennsylvania SAM HOBBS, Alabama FRANK FELLOWS, Maine WILLIAM T. BYRNE, New York EARL R. LEWIS, Ohio ESTES KEFAUVER, Tennessee JOHN JENNINGS, JR., Tennessee JOSEPH R. BRYSON, South Carolina CLIFFORD P. CASE, New Jersey FADJO CRAVENS, Arkansas FRANK L. CHELF, Kentucky C. MURRAY BERNHARDT, Chief Clerk SUBCOMMITTEE No. 3 LOUIS E. GRAHAM, Pennsylvania, Chairman EARL R. LEWIS, Ohio SAM HOBBS, Alabama ALBERT L. REEVES, JR., Missouri ESTES KEFAUVER, Tennessee KENNETH B. KEATING, New York MARTIN GORSKI, Illinois II Public Law 404, Seventy-ninth Congress (Administrative Procedure Act). MONDAY, APRIL 28, 1947 Stephen J. Spingarn, assistant general counsel, Treasury Department. Capt. Alfred C. Richmond, chief planning and control officer, United Capt. Kenneth S. Harrison, chief counsel, United States Coast Guard. Capt. William C. Ash, vice president, National Organization of Joseph H. Volpian, welfare chairman, Seafarers International Union Stephen J. Spingarn, supra (continued). Capt. Alfred D. Richmond, supra (continued). Capt. Kenneth S. Harrison, supra (continued) Stephen J. Spingarn, supra (continued) Capt. Alfred D. Richmond, supra (continued) Capt. Kenneth S. Harrison, supra (continued). Hoyt S. Haddock, executive secretary, CIO Maritime Committee.-- Commander Roderick Y. Edwards, United States Coast Guard..-- 63 Additional and supporting documents introduced: List of total dismissals, suspensions, and revocations of licensed officers and seamen, introduced by Captain Richmond, supra--- Excerpts from Official Logbook, Merchant Marine, introduced by Mr. Statement of Mr. Spingarn, supra- Hon. Francis E. Walter, Representative in Congress from the State of Hon. John W. Gwynne, Representative in Congress from the State of Additional and supporting documents introduced: Letter, May 12, 1947, from Master Mariners' Guild... Telegram, May 6, 1947, Merchant Marine Industries, Post 1242, Hon. Ellsworth B. Buck, Representative in Congress from the State of Hon. T. M. Hand, Representative in Congress from the State of New Louis R. Harolds, general counsel, Maritime Union of America.. Additional and supporting documents introduced: 104 105 115 Walter E. Maloney, attorney, National Federation of American Shipping, Inc., and American Merchant Marine Institute, Inc.-- 139, 165 Capt. Schuyler Cumings, American Merchant Marine Institute Capt. Donald Preble, Master Mariners' Guild and American Ship- Harry Hayden, American Legion. Additional and supporting documents introduced: Letter, March 15, 1948, from Coast Guard, containing statistical data. March 20, 1948, Representative Schuyler Otis Bland. February 25, 1948, general counsel, Master Mariners' Guild March 20, 1948, N. M. U.-CIO, S. S. Albert E. Watts. May 12, 1947, National Organization Masters, Mates, and Pilots of May 9, 1947, Local No. 4, National Organization Masters, Mates, and February 24, 1948, Robert L. Hague Merchant Marine Industries' August 5, 1947, Robert L. Hague Merchant Marine Industries Post, January 17, 1948, Council of American Master Mariners, May 9, 1947, the Pittsburgh Coal Exchange May 9, 1947, Cleveland Tankers, Inc. March 22, 1948, Albert F. Kane... October 16, 1947, N. M. U. San Pedro delegate. October 15, 1947, N. M. U. San Pedro October 30, 1947, N. M. U. San Pedro. July 23, 1947, American Pilots Association. March 23, 1948, P. L. Rosecrans. March 15, 1948, Pacific American Tankship Association CONDUCT OF DISCIPLINARY HEARINGS BY COAST GUARD COMMISSIONED OFFICERS MONDAY, APRIL 28, 1947 HOUSE OF REPRESENTATIVES, Washington, D. C. The subcommittee met at 10:30 a. m., pursuant to notice, Hon. Louis E. Graham (chairman of the subcommittee), presiding, in room 345 Old House Office Building. Mr. GRAHAM. Gentlemen, we now have for consideration H. R. 2966, a bill to amend the Administrative Procedure Act to authorize commissioned officers of the Coast Guard to preside at the taking of evidence in proceedings under section 4450 of the Revised Statutes, as amended, and for other purposes, which was introduced by Chairman Michener. I will ask that H. R. 2966 be included in the record at this point, together with Public Law 404, Seventy-ninth Congress, which is the Administrative Procedure Act. (H. R. 2966 and Public law 404, 79th Cong., follow in addition to S. 1077 which was considered by the subcommittee in the following year 1948 :) [H. R. 2966, 80th Cong., 1st sess.] A BILL To amend the Administrative Procedure Act to authorize commissioned officers of the Coast Guard to preside at the taking of evidence in proceedings under section 4450 of the Revised Statutes, as amended, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 (a) of the Administrative Procedure Act (Public Law 404, Seventy-ninth Congress ;- 60 Stat. 241) is hereby amended to read as follows: "(a) PRESIDING OFFICERS.-There shall preside at the taking of evidence (1) the agency, (2) one or more members of the body which comprises the agency, or (3) one or more examiners appointed as provided in this Act or, in the case of proceedings under section 4450 of the Revised Statutes, as amended (U. S. C., title 46, sec. 239), one or more commissioned officers of the Coast Guard; but nothing in this Act shall be deemed to supersede the conduct of specified classes of proceedings in whole or part by or before boards or other officers specially provided for by or designated pursuant to statute. The functions of all presiding officers and of officers participating in decisions in conformity with section 8 shall be conducted in an impartial manner. Any such officer may at any time withdraw if he deems himself disqualified; and, upon the filing in good faith of a timely and sufficient affidavit of personal bias or disqualification of any such officer, the agency shall determine the matter as a part of the record and decision in the case." SEC. 2. Section 5 (c) of the Administrative Procedure Act (Public Law 404, Seventy-ninth Congress ; 60 Stat. 240) is hereby amended to read as follows: "(c) SEPARATION OF FUNCTIONS.—The same officers who preside at the reception of evidence pursuant to section 7 shall make the recommended decision or initial decision required by section 8 except where such officers become unavailable to the agency. Save to the extent required for disposition of ex parte matters as authorized by law, no such officer shall consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate; nor shall such officer be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency (except that commissioned officers of the Coast Guard who preside at hearings under section 4450 of the Revised Statutes, as amended (U. S. C., title 46, sec. 239), may be subject to the supervision or direction of a Coast Guard district commander for the performance of duties unrelated to proceedings under section 4450 of the Revised Statutes, as amended). No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 8 except as witness or counsel in public proceedings. This subsection shall not apply in determining applications for initial licenses or to proceedings involving the validity or application of rates, facilites, or practices of public utilities or carriers; nor shall it be applicable in any manner to the agency or any member or members of the body comprising the agency." [S. 1077, 80th Cong., 1st sess.] AN ACT To amend section 4450 of the Revised Statutes of the United States, as amended by the Act of July 29, 1937, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an Act to amend section 4450 of the Revised Statutes of the United States, as amended by the Act of July 29, 1937 (50 Stat. 544; 46 U. S. C. 239 (g)), is amended by striking out the period at the end thereof and adding the following: “Provided, however, That one or more commissioned officers of the Coast Guard may act as hearing or deciding officers and may be subject to the supervision or direction of a Coast Guard district commander for the performance of duties unrelated to proceedings under this paragraph.' Passed the Senate July 17 (legislative day, July 16), 1947. CARL A. LOEFFLER, Secretary. [PUBLIC LAW 404—79TH CONGRESS] [CHAPTER 324—2D SESSION] [S. 7] AN ACT To improve the administration of justice by prescribing fair administrative procedure Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE SECTION 1. This Act may be cited as the “Administrative Procedure Act." DEFINITIONS SEC. 2. As used in this Act (a) AGENCY.-"Agency" means each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. Nothing in this Act shall be construed to repeal delegations of authority as provided by law. Except as to the require ments of section 3, there shall be excluded from the operation of this Act (1) agencies composed of representatives of the parties or of representatives |