release or availability of texts of authorized documents or statements of the positions of the parties to a controversy. JUDICIAL REVIEW SEC. 10. Except (1) so far as statutes expressly preclude judicial review, (2) in proceedings for judicial review in any legislative court, or (3) to the extent that agency action is by law committed to agency discretion (a) RIGHT OF REVIEW.-Any person adversely affected by any agency action shall be entitled to judicial review thereof in accordance with this section. (b) FORM AND VENUE OF ACTION.-The form of proceeding for judicial review shall be any special statutory review proceeding relevant to the subject matter in any court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action (including actions for declaratory judgments or writs of injunction or habeas corpus) in any court of competent jurisdiction. Any party adversely affected or threatened to be so affected may, through declaratory judgment procedure after resort to any adequate agency relief provided by rule or statute, secure a judicial declaration of rights respecting the validity or application of any agency action. Agency action shall be subject to judicial review in civil or criminal proceedings for judicial enforcement except to the extent that prior, adequate, and exclusive opportunity for such review is provided by statute. (c) REVIEWABLE ACTS.-Every final agency action, or agency action for which there is no other adequate remedy in any court, shall be subject to judicial review. Any preliminary, procedural, or intermediate agency action or ruling not directly reviewable shall be subject to review upon the review of the final agency action. Any agency action shall be final for the purposes of this section notwithstanding that no petition for review, rehearing, reconsideration, reopening, or declaratory order has been presented to or determined by the agency. (d) INTERIM RELIEF.-Pending judicial review any agency is authorized, where it finds that justice so requires, to postpone the effective date of any action taken by it. Upon such conditions as may be required and to the extent necessary to preserve status or rights, afford an opportunity for judicial review of any question of law or prevent irreparable injury, every reviewing court and every court to which a case may be taken on appeal from or upon application for certiorari or other writ to a reviewing court is authorized to issue all necessary and appropriate process to postpone the effective date of any agency action or temporarily grant or extend relief denied or withheld. (e) SCOPE OF REVIEW.-So far as necessary to decision and where presented the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any agency action. It shall (A) direct or compel agency action unlawfully withheld or unreasonably delayed and (B) hold unlawful and set aside agency action found (1) arbitrary, capricious, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without due observance of procedure required by law; (5) unsupported by competent, material, and substantial evidence upon the whole agency record as reviewed by the court in any case subject to the requirements of sections 7 and 8; or (6) unwarranted by the facts to the extent that the facts in any case are subject to trial de novo by the reviewing court. The relevant facts shall be tried and determined de novo by the original court of review in all cases in which adjudications are not required by statute to be made upon agency hearing. CONSTRUCTION AND EFFECT SEC. 11. Nothing in this Act shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to any agency or person. If any provision of this Act or the application thereof is held invalid, the remainder of this Act or other applications of such provision shall not be affected. Every agency is granted all authority necessary to comply with the requirements of this Act. No subsequent legislation shall be held to supersede or modify the provisions of this Act unless such legislation shall do so expressly and by reference to the provisions of this Act so affected. This Act shall take effect three months after its approval except that sections 7 and 8 shall take effect six months after such approval, the requirement of the selection of examiners through civil service shall not become effective until one year after the termination of present hostilities, and no procedural requirement shall be mandatory as to any agency proceeding initiated prior to the effective date of such requirement. [H. R. 1206, 79th Cong., 1st sess.] A BILL To prescribe fair standards of administrative procedure, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into titles and sections according to the following table of contents, may be cited as the “Administrative Procedure Act". TABLE OF CONTENTS TABLE I-GENERAL PROVISIONS Sec. 101. Declaration of general policy. Sec. 102. Definitions. Sec. 103. Delegation and decentralization of authority within agencies. Sec. 108. Publicity. Sec. 109. Provision for the continuous improvement of administrative procedure. (a) Office of Federal Administrative Procedure. (b) Personnel functions and staff. (c) Other duties. (d) Special inquiries. (e) Agency liaison officers and advisory committees. Sec. 110. Effect and enforcement. Sec. 111. Suspension of particular applications of code. Sec. 113. Effective date of act. TITLE II-ADMINISTRATIVE RULES AND REGULATIONS Sec. 200. Declaration of policy. Sec. 201. Exceptions. Sec. 202. Required types of rules. (a) Agency organization. (b) Statements of policy. (c) Rules of substance. (d) Interpretative rules. (e) Rules of practice and procedure. (g) Instructions. Sec. 203. Form, content, and publication of rules. (a) Repetition of legislation. (b) To be complete and current. (c) Publication of rules. (d) Organization, form, and numbering. Sec. 204. Rescission or modification of applications of rules. Sec. 205. Formulation of rules. Sec. 206. Investigations preliminary to rule making. Sec. 208. Notice of rule making. Sec. 209. Public rule-making procedures. (a) Submission and reception of written views. (c) Informal hearings. (d) Formal hearings. (e) Emergencies, corrections, and amendments. (f) Initial promulgation of present unpublished agency organization and procedures. (g) Existing statutory requirements. Sec. 210. Right of petition. Sec. 211. Judicial review. Sec. 212. Rulings. (a) Declaratory judgments. (b) Scope of review. (c) Other procedural provisions. TITLE III-ADMINISTRATIVE ADJUDICATIONS Sec. 300. Declaration of policy. Sec. 301. Exceptions. Sec. 302. Expedition of administrative adjudications. Sec. 304. Declaratory rulings. Sec. 305. Notice in formal and informal proceedings. Sec. 307. Requirement of formal procedures. Sec. 308. Formal hearings and decisions. (a) Segregation of prosecuting functions in formal proceedings. (c) Hearing commissioners. (d) Disqualification of presiding officers. (e) Powers and duties of presiding officers. (f) Enforcement of order and process. (g) Prehearing conferences. (h) Rules of evidence. (i) Cross examination, written evidence, depositions, stipulations. (k) Submission of proposed reports, findings, arguments, and briefs. (m) Decisions. (n) Effect of decisions of presiding officers. (o) Agency review of decisions of presiding officers. (p) Rehearing, reopening, and reconsideration of decisions. Sec. 309. Sanctions and benefits. Sec. 310. Judicial review. (a) Special provisions, TITLE I-GENERAL PROVISIONS SEC. 101. DECLARATION OF GENERAL POLICY.-The exercise of all powers of government through administrative officers and agencies, so far as such exercise affects rights or withholds or confers benefits or privileges, shall be conducted according to established and published procedures and practices which shall assure the adequate protection of such rights, the impartial conferring of authorized benefits or privileges, and the effectuation of the declared policies of Congress, and shall be adapted to the reasonable necessities and differences of legislation and subject matter involved. SEC. 102. DEFINITIONS.-Except as otherwise expressly stated or required by the context (a) "Agency" means each office, board, commission, independent establishment, authority, corporation, department, bureau, division, or other subdivision or unit of the executive branch of the Federal Government, and means the highest. or ultimate authority therein. (b) "Persons" means individuals or organized groups of any character,' including partnerships, and other forms of agricultural, labor, business, commercial, or industrial organization or association, as well as Federal, State, or local agencies, subdivisions, municipal corporations, or officers. (c) "Rules" means rules, regulations, standards, statements of policy, and all other types of statements issued by any agency, of general application and designed to implement, interpret, or make specific the legislation administered by, and the organization and procedure of, any agency; and includes rate making, price fixing, or the fixing of standards. (d) "Adjudication" means the final disposition by any agency of particular cases (without distinction between licensing and other forms of proceeding). (e) "Publication," whenever required by this Act and unless otherwise provided, means publication in the Federal Register, except that agencies may adopt such other and additional means of publication as they may deem appropriate and advisable. SEC. 103. DELEGATION AND DECENTRALIZATION OF AUTHORITY WITHIN AGENCIES.For the expedition and sound disposition of business, agencies may delegate authority in the following respects and subject to the following conditions, except that each agency shall in every case be responsible for all acts done pursuant to such delegated authority: (a) CERTAIN TYPES OF DUTIES.—Subject to its own supervision, direction, review, reconsideration, or initial consideration in unusually important cases, every agency is authorized to delegate to responsible members, officers, employees, committees, or administrative boards all matters of internal management and routine and the informal disposition or issuance of requests, complaints, applications, and other moving papers and matters of preliminary, initial, intermediate, or ancillary formal procedures in connection with the making of rules or adjudications. (b) BOARDS AND SINGLE ADMINISTRATORS.-Every agency, the ultimate authority of which is vested in a board or commission, may delegate, subject to review or reconsideration by the full board or commission, any of its powers or functions to any one or more members of such board or commission, subject in each case to the further provisions of this Act; and where the ultimate authority in any agency is vested in a single individual such individual may (subject to such review or reconsideration as may be provided by rule or law) delegate any powers, duties, or functions to subordinate officers or employees. (c) FIELD OFFICES.-Decentralization of authority and the establishment of field offices shall be encouraged and fostered where, in the judgment of any agency, there is need therefor or the business of the agency and convenience of parties will be facilitated thereby. (d) PUBLICATION OF ALL DELEGATIONS.-Any such general delegation or decentralization, and attendant review procedures, shall, except as to matters of internal management and routine, be specifically provided and reflected in the pub'ished rules of the agency concerned. SEC. 104. APPEARANCE AND REPRESENTATION OF PARTIES.--Any interested person may appear before any agency or the representatives thereof in person or by duly authorized representatives. When so appearing or represented, all reasonable facilities for negotiation, information, adjustment, or formal or informal determination of issues, questions, problems, or cases shall be afforded all such persons or their representatives. Every person appearing or summoned individually in any administrative proceeding shall be freely accorded the right to be accompanied and advised by counsel. SEC. 105. ATTORNEY AND AGENTS.-In order to simplify the requirements for practice before agencies, the following and no other powers or requirements may be exercised or prescribed: (a) SUSPENSION OR DEBARMENT.-Whether or not any agency maintains a roll of practitioners, it may, upon hearing and a finding of good cause therefor, preclude any person from practicing before it, subject to judicial review as to the reasonableness, in law or upon the facts, of such suspension or debarment upon any available statutory procedure or, in the absence thereof, upon application for an injunction. (b) ADMISSIONS TO PRACTICE.-Requirements for the admission of attorneys or agents to practice, and the maintenance of formal registers of attorneys or agents, shall be omitted whenever practicable. The Office of Administrative Procedure may, subject to the conditions of this section, establish and maintain a central method for the registration or admission of attorneys and others to practice before several agencies. (c) ATTORNEYS.-Where admissions to practice are deemed necessary by any agency, attorneys in good standing admitted to practice in the highest court of any State or Territory, or in any Federal court, shall, upon their written representation to that effect, be admitted to practice before such agency, except that the Patent Office may require of such attorneys such evidence of technical proficiency as may be reasonably necessary. (d) FORMER EMPLOYEES.-Former employees of any agency may, subject to the conditions of this section, practice before such agency after the lapse of two years from the date of termination of their employment by such agency. Prior to the expiration of such period, such former employees, whether attorneys as defined in subsection (c) hereof or not, may be permitted to practice before the agency upon such additional restrictions or conditions as may be deemed necessary by the agency. (e) OTHER PERSONS.-Other persons may be admitted to practice before any agency upon such reasonable regulations and requirements as such agency may find necessary. SEC. 106. INVESTIGATIONS.-All investigations shall be conducted in such a manner as to disturb and disrupt personal privacy or private occupation or enterprise in the least degree compatible with adequate law enforcement. Required reports shall be simplified so far as possible. Compulsory process or inspections shall not be issued or demanded except when in the judgment of an agency there spections in excess of statutory or constitutional limits. In order to avoid the necessity for formal process, where deemed practicable agencies may informally request and receive sworn statements on matters within their jurisdiction with the same authority and effect as though requested, submitted, or received at authorized formal hearings. The investigative powers or means of any agency shall be exercised only by the authorized representatives of such agency and for its authorized purposes, and shall not be exercised for the effectuation of purposes, powers, or policies of any other person or agency unless such exercise is expressly authorized by statute. SEC. 107. SUBPENAS.-Administrative subpenas authorized by statute shall be issued only upon request and a reasonable showing of the grounds, necessity, and reasonable scope thereof (but such showing of facts or evidence sought shall not be made available to agency prosecutors or investigators in the case), and shall be issued to private parties as freely as to representatives of the agency concerned. SEC. 108. PUBLICITY.-Matters of record shall be made available to all interested persons, except personal data or material which the agency, for good cause and upon statutory authorization, find should be treated as confidential and except that any agency, for good cause found, may by published rule preserve as confidential specified classes of information. Agencies may make available special information upon request at cost or without charge. In all contested proceedings, agency publicity shall be withheld during preliminary or investigative phases of adjudication, except that any agency may publicize and give notice of general investigations or public inquiries. When formal proceedings are instituted, publicity and releases may be issued by an agency or its officers or employees only upon equality of treatment of representatives of the press and other interested parties and shall contain only the full text of impartial summaries of documents of public record; and such summaries shail, so far as deemed practicable, cover the public documents or positions of all parties to the proceeding or matter involved. SEC. 109. PROVISION FOR THE CONTINUOUS IMPROVEMENT OF ADMINISTRATIVE PROCEDURE.-In order to assure the continuous and proper operation of the provisions of this Act, to make further studies and recommendations, and to perform the special functions hereinafter provided: (a) OFFICE OF FEDERAL ADMINISTRATIVE PROCEDURE.-There shall be at the seat of government an independent establishment to be known as the Office of Federal Administrative Procedure (hereinafter referred to as the Office), with a Director learned in the law or qualified by experience, who shall be appointed by the President, by and with the advice and consent of the Senate, at a salary of $10,000 per annum, and who shall, unless removed by the President for cause, hold office for the term of seven years or until a successor shall have been appointed. The Office shall be governed by a board composed of (1) the Director, (2) one of the associate justices of the United States Court of Appeals for the District of Columbia designated for that purpose by the chief justice of that court, and (3) the Director of the Administrative Office of the United States Courts. The latter two members shall serve ex officio and without further compensation. (b) PERSONNEL FUNCTIONS AND STAFF.-The board (1), shall perform such functions respecting hearing commissioners as are provided in title III hereof; (2) may appoint, without regard for the provisions of the civil-service laws, and executive secretary and such attorneys, investigators, and experts as are deemed necessary to perform the functions and duties vested in the Office and fix their compensation according to the Classification Act of 1923, as amended; and (3) may appoint such other employees, with regard to existing laws applicable to the employment and compensation of officers and employees of the United States, as it may from time to time find necessary. During his term of office or employment, neither the Director nor any officer or employee of the Office shall engage directly or indirectly in practice before, or have private professional relationship with, any of the agencies or courts of the United States. The Office may, with the consent of any agency, utilize the personnel or facilities of the agency in the performance of its duties, and may utilize any other uncompensated services or facilities. (c) OTHER DUTIES.-In order to carry out the policy of this Act, the Office shall (1) conduct inquiries into the practices and procedures of the several agencies to secure the just and efficient discharge of their public duties; (2) receive and respond promptly to all reasonable inquiries respecting administrative functions, procedures, or practices; (3) investigate complaints; (4) make recommenda |