of the proceedings before the Board with respect to the matter con- 72 Stat. 950. cerning which judicial review is sought, as provided in section 2112 72 Stat. 951. of title 28, United States Code. Úpon the filing of such peti tion the court shall have jurisdiction of the proceeding, which upon the filing of the record with it shall be exclusive, and shall have power to affirm, modify, or set aside, or to enforce or enforce as modified the order of the Board.". (c) The first sentence of subsection (d) of section 111 of the Internal Security Act of 1950 (60 Stat. 1029), is amended to read as follows: "(d) If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board or its hearing examiner, the court may order such additional evidence to be taken before the Board or its hearing examiner and to be made a part of the record." 50 USC 821. 5 USC 1036. Sec. 31. (a) Section 6 of the Act of December 29, 1950 (64 Stat. FCC, Agri1130), is amended to read as follows: culture, Mari"SEC. 6. Unless the proceeding has been terminated on a motion time and AEC. to dismiss the petition, the agency shall file in the office of the clerk of the court of appeals in which the proceeding is pending the record on review, as provided in section 2112 of title 28, United States Code." (b) The second sentence of subsection (c) of section 7 of the Act of December 29, 1950 (64 Stat. 1131), is amended to read as follows: 5 USC 1037. "The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken and may modify or set aside its order and shall file in the court such additional evidence, such modified findings or new findings, and such modified order or the order setting aside the original order.". SEC. 32. Subsection (b) of section 207 of the Act of September 23, HEW. 1950, as amended (64 Stat. 974), is amended by adding at the end of 20 USC 277. that subsection three additional sentences reading as follows: "The local educational agency affected may file with the court a petition to review such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for that purpose. Upon the filing of the petition the court shall have jurisdiction to affirm or set aside the action of the Commissioner in whole or in part." SEC. 33. The fifth and sixth sentences of subsection (b) of section Justice. 207 of the International Claims Settlement Act of 1949, as amended (69 Stat. 564), are amended to read as follows: "Such petition for re- 22 USC 1631f. view must be filed within sixty days after the date of mailing of the final order of denial by said designee and a copy shall forthwith be transmitted to the said designee by the clerk of the court. Within forty-five days after receipt of such petition for review, or within such further time as the court may grant for good cause shown, said designee shall file an answer thereto, and shall file with the court the record of the proceedings with respect to such claim, as provided in section 2112 of title 28, United States Code." SEC. 34. The second and third sentences of section 9 of the Bank Federal Reserve. Holding Company Act of 1956 (70 Stat. 138) are amended to read as 12 USC 1848. follows: "A copy of such petition shall be forthwith transmitted to the Board by the clerk of the court, and thereupon the Board shall file in the court the record made before the Board, as provided in sec 60 Stat. 237. 5 USC 1001 note. 72 Stat. 951. tion 2112 of title 28, United States Code. Upon the filing of such petition the court shall have jurisdiction to affirm, set aside, or modify the order of the Board and to require the Board to take such action with regard to the matter under review as the court deems proper." SEC. 35. This Act shall not be construed to repeal or modify any provision of the Administrative Procedure Act. Approved August 28, 1958. 85th Congress, H. R. 6239 AN ACT To amend sections 1461 and 1462 of title 18 of the United States Code. 72 Stat. 962. Obsence and crime-inciting matter. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the eighth Crimes and paragraph of section 1461 of title 18 of the United States Code is offenses. amended to read as follows: "Whoever knowingly uses the mails for the mailing, carriage in the mails, or delivery of anything declared by this section to be nonmailable, or knowingly causes to be delivered by 62 Stat. 768. mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, or knowingly takes any such thing from the mails for the purpose of circulat ing or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first such offense, and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter." SEC. 2. (a) The first paragraph of section 1462 of title 18 of the 64 Stat. 194. United States Code is amended to read as follows: "Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier, for carriage in interstate or foreign commerce-". (b) That paragraph of such section 1462 which begins with the words "Whoever knowingly takes" is amended to read as follows: "Whoever knowingly takes from such express company or other common carrier any matter or thing the carriage of which is herein made unlawful-". (c) The last paragraph of such section 1462 is amended to read as follows: "Shall be fined not more than $5,000 or imprisoned not more Penalty. than five years, or both, for the first such offense and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter." Approved August 28, 1958. To amend section 544 of title 28, United States Code, relating to the bonds of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsections (a) U.S. Marshals. and (b) of section 544 of title 28, United States Code, are amended to read as follows: (a) Every United States marshal, including any marshal appointed to serve during a vacancy, shall be bonded in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. (b) The Attorney General may require the United States marshal for the southern district of New York to be bonded in a sum not exceeding $75,000 and any other United States marshal to be bonded in sum not exceeding $40,000. Approved September 2, 1958. · (430) Bonds. 62 Stat. 911. 85th Congress, H. R. 4642 AN ACT To establish a Commission and Advisory Committee on International Rules of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISHMENT OF THE COMMISSION ON INTERNATIONAL RULES OF SECTION 1. There is hereby established a Commission to be known as the Commission on International Rules of Judicial Procedure, hereinafter referred to as the "Commission". PURPOSE OF THE COMMISSION SEC. 2. The Commission shall investigate and study existing practices of judicial assistance and cooperation between the United States and foreign countries with a view to achieving improvements. To the end that procedures necessary or incidental to the conduct and settlement of litigation in State and Federal courts and quasi-judicial agencies which involve the performance of acts in foreign territory, such as the service of judicial documents, the obtaining of evidence, and the proof of foreign law, may be more readily ascertainable, efficient, economical, and expeditious, and that the procedures of our State and Federal tribunals for the rendering of assistance to foreign courts and quasi-judicial agencies be similarly improved, the Commission shall (a) draft for the assistance of the Secretary of State international agreements to be negotiated by him; (b) draft and recommend to the President any necessary legislation; (c) recommend to the President such other action as may appear advisable to improve and codify international practice in civil, criminal, and administrative proceedings; and (d) perform such other related duties as the President may assign. MEMBERSHIP OF THE COMMISSION SEC. 3. (a) The Commission shall consist of nine members. The President shall appoint five members, three of whom shall be public members and two of whom shall be officials of State government whose positions give them knowledge of judicial and quasi-judicial procedures in the States. The Secretary of State shall appoint two representatives of the Department of State and the Attorney General shall appoint two representatives of the Department of Justice. The Commission shall elect a chairman from among its members. (b) Vacancies in membership of the Commission shall be filled in the same manner as in the case of original designation. (c) Seven members shall constitute a quorum. d) Members of the Commission who are appointed by the Secretary of State and the Attorney General shall serve without compensation in addition to that received for their services in the Government. (e) The public members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other expenses incurred by them in the performance of such duties. Commission and 72 Stat. 1743. 72 Stat. 1744. |