5 1 been urged before the Secretary or unless there were rea2 sonable grounds for failure so to do. The finding of the 3 Secretary as to the facts, if supported by evidence, shall be 4 conclusive. If any person shall apply to the court for leave 5 to adduce additional evidence, and shall show to the satis6 faction of the court that such additional evidence is material 7 and that there were reasonable grounds for failure to adduce 8 such evidence in the proceeding before the Secretary, the 9 court may order such additional evidence to be taken before 10 the Secretary and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court 12 may seem proper. The Secretary may modify his findings 11 13 19 as to the facts by reason of the additional evidence so taken, 14 and he shall file with the court such modified findings which, 15 if supported by evidence, shall be conclusive, and his recom16 mendation, if any, for the setting aside of the original order. 17 The judgment and decree of the court affirming or setting 18 aside any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon 20 certiorari or certification as provided in sections 239 and 21 240 of the Judicial Code, as amended (U. S. C., 1934 edi22 tion, title 28, secs. 346 and 347). The commencement of 23 proceedings under this section shall not, unless specifically 24 ordered by the court to the contrary, operate as a stay of 25 the Secretary's orders of revocation or annulment. 6 1 SEC. 6. To aid and advise him in making findings 2 required under this Act the Secretary shall create an 3 advisory board consisting of one representative appointed 4 by the Secretary from each of the following organizations: 5 The Public Health Service of the United States Treasury 6 Department, the American Medical Association, the United 7 States Pharmacopoeial Convention, the American Pharma8 ccutical Association, and the Food and Drug Administra9 tion of the Department of Agriculture. No person who has a financial interest in the manufacture or distribution of 11 any drug shall serve on such board. Each member of the 12 board who is not an officer or employee of the Public Health 13 Service of the United States Treasury Department or the 14 Food and Drug Administration of the Department of Agri15 culture shall receive, in addition to travel and subsistence 16 expenses, $25 per diem for each day he is engaged in the 17 work of the board. 10 18 SEC. 7. (a) The Secretary shall promulgate regulations 19 for exempting from the operation of this Act drugs intended 20 solely for investigational use by exports qualified by scientific 21 training and experience to investigate the safety of drugs. (b) This Act shall not be construed to apply to drugs 22. 23 subject to the Virus, Serum, and Toxin Act of July 1, 1902 24 (U. S. C., 1934 edition, title 42, ch. 4). 1 7 SEC. 8. For the purposes of this Act 2 (a) The term "interstate commerce" means (1) com 3 merce between any State, any Territory, the District of 4 Columbia, or any possession of the United States, and any 5 place outside thereof, and (2) commerce within the District 6 of Columbia or within any Territory or possession not organ7 ized with a legislative body. 8 (b) The term "person" includes individual, partnership, 9 corporation, and association. 10 11 (c) The term "drug" means (1) articles intended for use in the diagnosis, cure, mitigation, treatment, or preven12 tion of disease in man or other animals; and (2) articles 13 (other than food) intended to affect the structure or any 14 function of the body of man or other animals. 15 SEC. 9. The forging, falsification, or misrepresentation 16 of a certificate issued under authority of this Act is hereby 17 prohibited. 18 SEC. 10. Any person who violates any provision of this 19 Act shall be guilty of a misdemeanor and shall on conviction 20 thereof be subject to imprisonment for not more than one year 21 or a fine of not more than $1,000, or both such imprisonment 22 and fine; but if the violation is committed after a conviction 23 of such person under this Act has become final, such person 24 shall be subject to imprisonment for not more than three 25 years or a fine of not more than $10,000, or both such 26 imprisonment and fine. 1938 CONGRESSIONAL RECORD-HOUSE The SPEAKER. The Chair would like to ask the gentleman from New York whether this is the same matter which the gentleman from New York [Mr. Bacon] secured permission to insert in the RECORD recommendations of the socalled small-business men? Mr. CULKIN. No, Mr. Speaker; I think not. This is a recommendation by the representation from my own district. The SPEAKER. Is there objection to the request of the gentleman from New York? There was no objection. Mr. DUNN and Mr. COSTELLO asked and were given permission to revise and extend their remarks in the RECORD. ADJOURNMENT Mr. RAYBURN. Mr. Speaker, I move that the House do now adjourn. The motion was agreed to; accordingly (at 1 o'clock and 48 minutes p. m.) the House, pursuant to its previous order, adjourned until Monday, February 7, 1938, at 12 o'clock noon. COMMITTEE HEARINGS COMMITTEE ON ROADS The Committee on Roads will resume public hearings on H. R. 8838, to amend the Federal Aid Highway Act, and related proposals, on Monday, February 7, 1938, at 10 a. m. COMMITTEE ON NAVAL AFFAIRS A full Committee on Naval Affairs, House of Representatives, will hold a meeting Monday, February 7, 1938, at 10:30 a. m., for the consideration of building program for the Navy. Very important. COMMITTER ON INTERSTATE AND FOREIGN COMMERCE There will be a meeting of the Committee on Interstate and Foreign Commerce at 10 a: m. Tuesday, February 8, 1938. Business to be considered: Continuation of hearings on 8. 69-train length. Railroad interests will be heard. COMMITTEE ON RIVERS AND HARBORS The Committee on Rivers and Harbors will meet Tuesday, February 8, 1938, at 10:30 a. m., to continue hearings on H. R. 8327, a bill to promote interstate and foreign commerce, to improve the navigability of the Lakes-to-the-Gulf waterway, and for other purposes. COMMITTEE ON THE POST OFFICE AND POST ROADS A meeting of Subcommittee No. 10 of the House Committee on the Post Office and Post Roads, will be held Tuesday, February 8, 1938, at 10 a. m., to consider Postal Service matters relative to conditions complained of on floor of House when Post Office appropriation bill was under consideration. COMMITTEE ON FOREIGN AFFAIRS The Committee on Foreign Affairs will hold public hearings Tuesday, February 8, 1938, in the committee room, the Capitol Building, at 10 a. m., on H. R. 9154, to provide for cooperation between the United States and foreign nations producing tin ore and other materials to assure to the United States continuing supplies of the same to supplement dencient domestic resources and production, and for other purposes. COMMITTEE ON IMMIGRATION AND NATURALIZATION There will be a meeting of the Committee on Immigration and Naturalization Wednesday, February 9, 1938, and Thursday, February 10, 1938, at 10:30 a. m. In re: Hearing of private bills. Hearings in committee room 445, House Office Building. COMMITTEE ON MERCHANT MARINE AND FISHERIES SUPPLEMENT TO NOTICE OF HEARING DATED JANUARY 11, 1938 Under date of January 11, 1938, notice was advertised of the intention of the committee to commence hearings on February 23, 1938, at 10 a. m., in room 219, House Office Building, Washington, D. C., on the following bills, copies of which were enclosed with that notice: H. R. 8595, relating to vessels engaged in whaling; 1527 H. R. $627, relating to inspection of fishing vessels; H. R. 8778, relating to vessels engaged in the coasting trade and fisheries; and H. R. 1906, an improved form of H. R. 8778. The purpose of this notice is to advise that the consideration of H. R. 8627, relating to inspection of fishing vessels, has been indefinitely postponed, and accordingly hearings on · this measure will not be had on February 23, 1938. The hearings will be limited to H. R. 8595, H. R. 8778, and H. R. 8906. COMMITTEE ON THE JUDICIARY There will be a hearing before subcommittee No. 3 of the Committee on the Judiciary at 10:30 a. m. Wednesday, February 16, 1938, in the committee room, 346 House Office Building, on the bill H. R. 8339, providing for the repeal of section 7 of the act entitled "An act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes," approved May 27, 1930. There will be a hearing before the Committee on the Judiciary on Wednesday, February 23, 1938, at 10 am, on Senate Joint Resolution 208, joint resolution relative to the establishment of title of the United States to certain submerged lands containing petroleum deposits. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule X, Mr. PETERSON of Florida: Committee on Merchant Marine and Fisheries. H. R. 7414. A bill for the establishment of a Coast Guard station; with amendment (Rept. No. 1759). Referred to the Committee of the Whole House on the state of the Union. PUBLIC BILLS AND RESOLUTIONS Under clause 3 of rule XXII, public bills and resolutions were introduced and severally referred as follows: By Mr. BLAND: A bill (H. R. 9338) to provide for an examination and survey of Broad Creek, Middlesex County, Va., and of channel connecting said creek with Rappahannock River; to the Committee on Rivers and Harbors. By Mr. TREADWAY: A bill (H. R. 9339) to limit the President's authority in proclaiming modifications of existing tariff duties in connection with foreign-trade agreements, and to provide for the submission of such agreements to the Congress for approval; to the Committee on Ways and Means. By Mr. MARTIN of Colorado: A bill (H. R. 9340) authorizing the Secretary of the Interior to transfer to the State of Colorado one mine rescue car; to the Committee on Mines and Mining. By Mr. CHAPMAN: A bíll (H. R. 9341) to safeguard the public health against the distribution of drugs not generally recognized as safe for use; to the Committee on Interstate and Foreign Commerce. By Mr. GASQUE: A bill (H. R. 9342) to provide for the establishment of a Coast Guard station at or near Myrtle Beach, 8. C.; to the Committee on Merchant Marine and Fisheries. By Mr. GREGORY: A bíl (H. R. 9343) to authorize the erection of a United States Veterans' Administration hospital for colored veterans in the State of Kentucky; to the Committee on World War Veterans' Legislation. PRIVATE BILLS AND RESOLUTIONS Under clause 1 of rule XXXII, private bills and resolutions were introduced and severally referred as follows: By Mr. BARRY: A bill (H. R. 9344) for the relief of Joseph B. Clark; to the Committee on Naval Affairs. By Mr. BUCKLER of Minnesota: A bill (H. R. 9345) for the relief of Arthur Edgar Scroggin; to the Committee on Claims. |