To amend chapter 223, title 18, United States Code, to provide for the production

of statements and reports of witnesses.

nesses

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 223 Title 18,U.S. of title 18, United States ('ode, is amended by adding a new section Code , amendments. 3500 which shall read as follows:

62 Stat. 832. "S 3500. Demands for production of statements and reports of wit-Witnesses.

Statements and

reports, “(a) In any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a Government witness or prospective Government witness (other than the defendant) to an agent of the Governnent shall be the subject of subpena, discovery, or inspection until said witness has testified on direct examination in the trial of the case.

“(b) After a witness called by the United States has testified on direct examination, the court shall, on motion of the defendant, order the United States to produce any statement (as hereinafter defined) of the wiiness in the possession of the United States which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.

"(c) If the United States claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the United States to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the United States and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of said defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of such statement by said defendant and his preparation for its use in the trial.

“(d) If the United States elects not to comply with an order of the court under paragraph (b) or (c) hereof to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

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"Statement".

71 Stat. 595. 71 Stat. 596.

"(e) The term 'statement', as used in subsections (b), (c), and (d) of this section in relation to any witness called by the United States,

means

“(1) a written statement made by said witness and signed or otherwise adopted or approved by him; or

"(2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness to an agent of the Government and recorded contemporaneously with the making of such oral statement."

The analysis of such chapter is amended by adding at the end thereof the following:

"3500. Demands for production of statements and reports of witnesses.”

Approved September 2, 1957.

To amend the Tariff Act of 1930 to exempt from duty pistols and revolvers not using fixed ammunition.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph 1723 of the Tariff Act of 1930 (19 U. S. C., sec. 201, par. 1723) is amended to read as follows:

"PAR. 1723. Muskets, shotguns, rifles, pistols, and revolvers, all the foregoing not designed to fire or capable of firing a fixed metallic cartridge or fixed shotgun shell, and parts of muskets, shotguns, rifles, pistols, and revolvers provided for in this paragraph."

SEC. 2. The amendment made by the first section of this Act shall apply only with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. Approved May 16, 1958.

(407)

85th Congress, H. R. 7261

June 20, 1958

AN ACT

72 Stat. 216.

To amend the Federal Probation Act to make it applicable to the United States

District Court for the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions Federal Proof title 18, United States Code, section 3651, shall apply to the United bation Act, States District Court for the District of Columbia. Accordingly, the applicability. first paragraph of section 3651 of title 18, United States Code, is 62 Stat. 842. amended by striking therefrom the words, "except in the District of Columbia", so that said paragraph shall read as follows:

“Upon entering a judgment of conviction of any offense not punishable by death or life imprisonment, any court having jurisdiction to vy offenses against the United States when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution of sentence and place the defendant on probation for such period and upon such terms and conditions as the court deems best."

Sec. 2. The Act approved June 25, 1910 (36 Stat. 864; sec. 24–102, Repeal.
D. C. Code) is repealed insofar as it applies to the United States
District Court for the District of Columbia but nothing contained in
this Act shall be construed to amend or repeal the provisions of the
Act entitled "An Act to provide for the suspension of the imposition
or execution of sentence in certain cases in the Municipal Court for the
District of Columbia and in the Juvenile Court of the District of
Columbia", approved June 18, 1953 (67 Stat. 65).

Approved June 20, 1958.

85th Congress, H. R. 11102

July 25, 1958

AN ACT

72 Stat. 415.

Amending the jurisdiction of district courts in civil actions with regard to the amount in controversy and diversity of citizenship.

Jurisdiction.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1331 District courts. of title 28 of the United States Code is amended to read as follows: 62 Stat. 930. "§ 1331. Federal question; amount in controversy; costs

"(a) The district courts shall have original jurisdiction of ali civil actions wherein the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arises under the Constitution, laws, or treaties of the United States.

"(b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff is finally adjudged to be entitled to recover less than the sum or value of $10,000, -computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff."

SEC. 2. That section 1332 of title 28 of the United States Code is amended to read as follows:

"81332. Diversity of citizenship; amount in controversy; costs

“(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and is between

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"(1) citizens of different States;

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'(2) citizens of a State, and foreign states or citizens or subjects thereof; and

"(3) citizens of different States and in which foreign states or citizens or subjects thereof are additional parties.

"(b) Except when express provision there for is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.

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"(c) For the purposes of this section and section 1441 of this title, a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.