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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
E. WALLACE CHADWICK, Pennsylvania THOMAS J. LANE, Massachusetts
ALBERT L. REEVES, JR., Missouri MARTIN GORSKI, Illinois
KENNETH B. KEATING, New York MICHAEL A. FEIGHAN, Ohio
EDWARD J. DEVITT, Minnesota

FRANK L. CHELF, Kentucky
ELLSWORTH B. FOOTE, Connecticut ED GOSSETT, Texas
WILLIAM M. MCCULLOCH, Ohio
J. CALEB BOGGS, Delaware

C. MURRAY BERNHARDT, Chief Clerk
VELMA SMEDLEY, Assistant 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

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CONDUCT OF DISCIPLINARY HEARINGS BY COAST

GUARD COMMISSIONED OFFICERS

MONDAY, APRIL 28, 1947

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

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.
Attest:

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

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