H. R. 2966..
S. 1077..
Public Law 404, Seventy-ninth Congress (Administrative Procedure Act)..
MONDAY, APRIL 28, 1947
Statements of —
Stephen J. Spingarn, assistant general counsel, Treasury Department,
Capt. Alfred C. Richmond, chief planning and control officer, United
States ast Guard -
Capt. Kenneth S. Harrison, chief counsel, United States Coast Guard.
Capt. William C. Ash, vice president, National Organization of
Master Mates and Pilots of America.-
FRIDAY, MAY 2, 1947
Statements of —
Joseph H. Volpian, welfare chairman, Seafarers International Union
of North America -
23
Stephen J. Spingarn, supra (continued).
33
Capt. Alfred D. Richmond, supra (continued)
38
Capt. Kenneth S. Harrison, supra (continued)
42
MONDAY, MAY 5, 1947
Statements of —
Stephen J. Spingarn, supra (continued) -
45, 61
Capt. Alfred D. Richmond, supra (continued).
45
Capt. Kenneth S. Harrison, supra (continued)
47
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.
Spingarn, supra-
65
Statement of Mr. Spingarn, supra-.
74
MONDAY, May 19, 1947
Statements of —
Hon. Francis E. Walter, Representative in Congress from the State of
Pennsylvania
77
Hon. John W. Gwynne, Representative in Congress from the State of
Iowa.--
80
Additional and supporting documents introduced:
Letter, May 12, 1947, from Master Mariners' Guild..
79
Telegram, May 6, 1947, Merchant Marine Industries, Post 1242,
American Legion Department of New York.--
80
WEDNESDAY, MARCH 10, 1948
Statements of
Page
Hon. Ellsworth B. Buck, Representative in Congress from the State of
New York
97
Capt. William C. Ash, supra-
98, 118
Hon. T. M. Hand, Representative in Congress from the State of New
Jersey-
104
Louis R. Harolds, general counsel, Maritime Union of America -
119
Joseph H. Volpian, supra-
129
Additional and supporting documents introduced:
Statement of Hon. T. M. Hand, supra--
104
Excerpts from Coast Guard regulations..
105
Memorandum regarding Administrative Procedure Act-
115
MONDAY, MARCH 15, 1948
Statements of -
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-
143
Capt. Donald Preble, Master Mariners' Guild and American Ship-
masters' Association.
147
Harry Hayden, American Legion
148
Louis R. Harolds, supra-
152
Hoyt Haddock, supra.
153
Capt. A. C. Richmond, supra..
160
Additional and supporting documents introduced:
Letter, March 15, 1948, from Coast Guard, containing statistical data-
162
Copy of decision in Coast Guard hearing No. Z112613-D1..
166
APPENDIX
Letter:
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
America
May 9, 1947, Local No. 4, National Organization Masters, Mates, and
Pilots of America.
February 24, 1948, Robert L. Hague Merchant Marine Industries'
Post, No. 1242
August 5, 1947, Robert L. Hague Merchant Marine Industries Post,
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 commis-
sioned officers of the Coast Guard to preside at the taking of evidence
in proceedings under section 1450 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.)
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 Pro-
cedure 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 pro-
vided 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
1
WEDNESDAY, MARCH 10, 1948
Statements of
Page
Hon. Ellsworth B. Buck, Representative in Congress from the State of
New York.
97
Capt. William C. Ash, supra-
98, 118
Hon. T. M. Hand, Representative in Congress from the State of New
Jersey --
104
Louis R. Harolds, general counsel, Maritime Union of America -
119
Joseph H. Volpian, supra--
129
Additional and supporting documents introduced:
Statement of Hon. T. M. Hand, supra..
104
Excerpts from Coast Guard regulations.
105
Memorandum regarding Administrative Procedure Act.
115
MONDAY, MARCH 15, 1948
Statements of -
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 --- 143
Capt. Donald Preble, Master Mariners' Guild and American Ship-
masters' Association.
147
Harry Hayden, American Legion.
148
Louis R. Harolds, supra-
152
Hoyt Haddock, supra-
153
Capt. A. C. Richmond, supra-
160
Additional and supporting documents introduced:
Letter, March 15, 1948, from Coast Guard, containing statistical data- 162
Copy of decision in Coast Guard hearing No. 2112613-D1.
166
APPENDIX
Letter:
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
America
May 9, 1947, Local No. 4, National Organization Masters, Mates, and
Pilots of America_
February 24, 1948, Robert L. Hague Merchant Marine Industries'
Post, No. 1242.
August 5, 1947, Robert L. Hague Merchant Marine Industries Post,
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