Page:United States Statutes at Large Volume 81.djvu/604

 570

PUBLIC LAW 90-189-DEC. 14, 1967

[81 STAT.

ing under this Act. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. " (d) The provisions of sections 551 through 559 of title 5, United An °e,^p^*54.^ ^' States Codc, shall apply to the issuance of all standards or regulations or amendments thereto under this section. Judicial review. " (e)(1) Any persou who will be adversely affected by any such standard or regulation or amendment thereto when it is effective may at any time prior to the sixtieth day after such standard or regulation or amendment thereto is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based the standard or regulation, as provided 72 Stat. 941. -j^ section 2112 of title 28 of the United States Code. "(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows 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 proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendations, if any, for the modification or setting aside of his original standard or regulation or amendment thereto, with the return of such additional evidence. "(3) tipon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the standard or regulation in accordance with chapter 7 of title 5 of the 80 Stat. 392. United States Code and to grant appropriate relief as provided in 5 USC 701-706. such chapter. " (4) The judgment of the court affirming or setting aside, in whole or in part, any such standard or regulation of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the 62 Stat. 928. United States Code. "(5) Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. "(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law. rlceedi^^^s °^ "^^^ ^ Certified copy of the transcript of the record and proceedprocee ings. .^^^^ under subsection (e) shall be furnished by the Secretary to any interested party at his request, and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this Act, irrespective of whether proceedings with respect to the standard or regulation or amendment thereto have previously been initiated or become final under subsection (e)." lauon's! ""'^'^^"' SEC. 4. (a) Subsection (c) of section 5 of the Flammable Fabrics 67 Stat. 113. Act is amended to read as follows: 15 USC 1194.

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