SEC. 10. (a) Whenever the Commission, upon investigation, finds that production of products substantially exceeds demand, with the result that prices are lowered or tend to be lowered below a fair minimum, or that such overproduction affects or tends to affect commerce, it shall prescribe such reasonable limitations on the members of the industry as would eliminate such effect upon commerce.

(b) In determining the limitations on production, the Commission shall give due consideration to the competitive conditions in and among the various divisions and subdivisions of the industry, to the volume of stock, the hours of plant or machinery operation, the number or percentage of spindles, looms, or other machines used in the productive or finishing processes of the industry: Provided, That no member of the industry shall be required to surrender any bona-fide order for the production of his products.

(c) In limiting the operation of productive machinery in any division or subdivision of the industry, the Commission shall first prohibit the third or midnight shift or so much thereof as may be necessary to accomplish the required limitation of production; then, if the elimination of the third shift is not sufficient to accomplish the required limitation of production, the Commission shall prohibit the operation of the second shift, or so much thereof as may be necessary.

(d) The Commission is hereby authorized to make rules and regulations to carry this provision into effect, and to prevent the evasion thereof, including (i) provisions for the limitation of work shifts, and (ii) provisions for the establishment of the maximum hours per day: Provided, That the Commission shall have no power to limit any plant to operation for less than one shift of eight consecutive hours in any one day, for five days per week.

(e) Written agreements between or among members of the industry, acting individually or through their associations registered under section 5 of this Act, for the limitation of production shall, upon filing with and upon approval by the Commission, upon finding that such agreements are not designed to and do not burden or restrain commerce, oppress small enterprises, promote or encourage monopolies or monopolistic practices, or cause excessive prices, become binding and upon any controversy thereunder be enforceable in the same manner as if the provisions of the agreements were contained in a valid order issued by the Commission.

INVESTIGATIONS

SEC. 11. The Commission shall have power

(a) To gather and compile information concerning, and to investigate, from time to time, the organization, business, conduct, practices, and management of any member of the industry and his relation to other persons;

(b) To require, by general or special orders, members of the industry to file with the Commission, in such form as the Commission may prescribe, annual or special, or both annual and special, reports or answers in writing to special questions, furnishing to the Commission such information as it may require as to the organization, business, conduct, practices, management, and labor practices of any member of the industry and his relation to other persons. Such reports and answers shall be made under oath or otherwise, as the Commission may prescribe, and shall be filed with the Commission within such reasonable period as the Commission may require, unless additional time be granted in any case by the Commission; and

(c) To make public, from time to time, the agreements approved by the Commission pursuant to sections 8 (b), 9 (m), and 10 (e) hereof and such portions of information obtained by the Commission hereunder, except the operations of any individual unit in the industry, trade secrets, and names of customers, as it shall deem expedient in the public interest: Provided, That all information obtained by the Commission shall be available to such departments or bureaus of the Government as the heads of such departments or bureaus may by certificate require; and to make annual and special reports to Congress, and to submit therewith recommendations for additional legislation; and to provide for the publication of its reports and decisions in such form and manner as it may be best adapted for public information and use.

(d) Any officer or employee of the Commission who shall make public any information obtained by the Commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment

not exceeding one year, or by fine and imprisonment in the discretion of the

court.

SEC. 12. Immediately upon the enactment of this Act, or as soon thereafter as may be practicable, and from time to time thereafter, the Commission shall— (a) Make such preliminary inquiries as may be necessary to enable it to create divisions and subdivisions of the industry, to classify the members of the industry, their means of production, their products, and the occupations of and the work done by their employees, and such other classifications as may in the opinion of the Commission be necessary to facilitate its investigations;

(b) Make studies and institute investigations concerning the extent and effect on commerce of the practices and methods prohibited in section 7 hereof, and particularly (i) the relation of the wages, hours, and other conditions of employment to competition in the industry; (ii) the costs of production and their relation to prices; and (iii), the productive capacity of the industry or the various divisions and subdivisions thereof in relation to the actual and potential demand for the products of the industry; and

(c) Require all members of the industry to register with the Commission, and to furnish such data as may facilitate its investigation; issue membership certificates, and require the posting thereof in conspicuous places in their plants, offices, or other places of business. Copies of the data so furnished by the members of the industry shall forthwith be transmitted to the Commissioner of Internal Revenue and to the Director of the Census Bureau.

SEC. 13. All data, reports, and other information made or gathered by the National Recovery Administration in relation to the industry and now in the possession of any department, bureau, or agency of the Government, shall be available to the Commission.

PROCEEDINGS

SEC. 14. (a) The Commission is hereby authorized and directed to prevent any violation of any provision of this Act, or any rule or regulation made pursuant thereto.

(b) Whenever the Commission has reason to believe, either upon its own knowledge or upon complaint filed by any person, that any member of the industry has violated or is violating or is about to violate any provision of this Act or any rule or regulation made pursuant thereto, and that such violation affects commerce, it shall have power to issue and serve upon such member of the industry a complaint, stating specifically its charges in that respect and a rule requiring him to appear at the time and place therein designated and show cause why an order should not be entered preventing or restraining the violation of the provision, rule, or regulation as charged in the complaint. The person so charged shall, subject to such rules and regulations as the Commission may prescribe, file with the Commission a return to the rule, setting forth specifically his answers or objections to the matters charged in the complaint. Upon the filing of such return, or upon the expiration of the time allowed therefor, the Commission shall set the cause for hearing upon the complaint or upon the issues raised. If upon consideration of the complaint and any return thereto and any testimony adduced at the hearing, which testimony shall be reduced to writing, the Commission shall be of the opinion that such person has violated or is about to violate the provision, rule, or regulation in question, and that such violation affects commerce, it shall make a report in writing in which it shall state its findings of fact and conclusions of law, and shall issue and cause to be served upon such person an order prohibiting or restraining such violation.

(c) In any other proceedings before the Commission authorized by this Act, the Commission shall proceed in the same manner as provided in subsection (b) hereof, insofar as the same is applicable; otherwise, in accordance with such rules and regulations as the Commission may prescribe.

(d) In any proceeding before the Commission instituted under the provisions of this Act, until a transcript of the record in such proceeding shall have been filed in a circuit court of appeals, as hereinafter provided, the Commission may at any time, upon appropriate notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued.

SEC. 15. Any employees of a member of the industry who has violated or is violating any provision of this Act relating to wages, hours, or other conditions of employment, or the rules and regulations made pursuant thereto, acting individually, collectively, or through a labor organization (not organ

ized and existing in violation of the National Labor Relations Act), may file a complaint with the Commission stating specifically the facts and grounds of their complaint.

(a) If the Commission shall determine that any complainant is entitled to an award of damages on account of payment of wages below the minimum established, or on account of insufficient payments for overtime or for work on Sundays or legal holidays, the Commission shall, in addition to preventing or restraining further violations, make an order directing such member of the industry to pay to the complainant, on or before a date named, the sum to which he is entitled: Provided, That if the Commission finds that such person has been guilty of a wilful violation, it shall in addition impose punitive damages in a sum not exceeding the actual damages sustained by the complainant. (b) If upon such complaint the Commission has reason to believe that the member of the industry has violated or is violating the provisions of the National Labor Relations Act, it shall, through its attorneys, forthwith file charges with the National Labor Relatoins Board and prosecute such charges before the said Board, in accordance with the rules and regulations of the Board. The proceedings in the National Labor Relations Board upon charges filed by the Commission shall be in every way expedited.

SEO. 16. (a) Any member of the industry who is injured by a competitor's violation of any provision of this Act or rule or regulation made pursuant thereto may individually, or through his association registered under section 5 hereof, file a complaint stating specifically the facts and grounds of his complaint.

(b) If the Commission shall determine that the complainant is entitled to an award of damages caused by such violation it shall, in addition to preventing or restraining future violation, make an order directing such competitor to pay to the complainant, on or before the date named, the sum to which he is entitled.

(c) Whenever the Commission has reason to believe, either upon its own knowledge or upon complaint filed, that any person not subject to the provisions of this Act is engaged in an unfair method of competition affecting commerce in the industry, it shall, through its attorneys, forthwith file a complaint with the Federal Trade Commission, the Tariff Commission or any other agency having jurisdiction to prohibit such unfair competitive methods or practices, and shall prosecute such complaint before such agency in accordance with the rules and regulations thereof. The proceedings in such agency upon complaints filed by the Commission shall be in every way expedited.

SEC. 17. (a) If upon any complaint filed under the provisions of this Act, the Commission has reason to believe that irreparable injury is likely to result from a violation, unless the violation complained of is prohibited during the pendency of the proceedings, the Commission shall, npon making such finding, issue a temporary order prohibiting such violation, upon the filing of a bond, undertaking, or other security by the complainant in a sum sufficient to indemnify and save harmless the respondent from any loss or damage that he might sustain through the issuance of such temporary restraining order. The bond, undertaking, or other security shall be subject to the approval of the Commission, and all questions pertaining to the amount payable under such bond, undertaking, or other security shall be determined by the Commission in the same proceeding.

(b) Upon agreement of the parties to any proceeding, the Commission shall have power to enter a consent order which shall have the same effect and be enforced in the same manner as other orders of the Commission. The agreements referred to in sections 8 (b), 9 (m), and 10 (e) hereof shall, subject to the conditions and limitations prescribed in those sections, operate as consent orders, if filed with the Commission by all the parties to such contracts, or if filed by one of the parties where the contract provides that it shall be filed with the Commission.

INSIGNIA

SEC. 18. (a) The Commission shall have the authority to give such publicity to violations of this Act or the rules, regulations, or orders made pursuant thereto, as in its judgment may be necessary for the proper enforcement of the Act, rules, regulations, and orders.

(b) The Commission shall have power to adopt and to issue insignia, in the form of labels, stamps, placards, posters, or otherwise, to be used or displayed in signifying compliance with the provisions of this Act or the rules, regulations, and orders made pursuant thereto, and to provide for rules and regulations for

the issuance, use, and display thereof. The insignia shall, in addition to any matters designated by the Commission, include a distinctive design which shall be the property of the United States. Any person engaged in the industry, so long as he complies with all the provisions of this Act and the rules, regulations, and orders made by the Commission in conformity therewith, shall be entitled and shall have the right to use and display such insignia in accordance with the rules and regulations promulgated by the Commission. If in the opinion of the Commission it is necessary to require the use of insignia by members of the industry by attaching such insignia to products thereof, or otherwise, the Commission shall make rules and regulations concerning such required use.

(c) Whenever the Commission has reason to believe, either upon its own knowledge or upon complaint filed by any person, that a member of the industry is a habitual or willful violator of this Act or of the orders, rules, or regulations made pursuant thereto, or that the violation or violations of such members of the industry, though not habitual or willful, are nevertheless of a substantial nature, and if in the opinion of the Commission a proceeding by it to revoke his right to use of the insignia would be in the interest of the public, it shall issue and serve upon such member of the industry a complaint, specifically stating its charges in that respect and a rule requiring him to appear and show cause why an order should not be entered revoking his right to the use or display of such insignia and preventing and restraining him from further use or display of such insignia. If the Commission finds that the person engaged in the textile industry has habitually or willfully violated the provisions, orders, rules, or regulations in question, or has committed substantial violation thereof, it shall issue, and cause to be served upon such person engaged in the textile industry, an order prohibiting him from using or displaying such insignia.

(d) Any person engaged in the textile industry who has been prohibited from using or displaying the insignia may apply to the Commission for the restoration of his right to use such insignia: Provided, That he shall offer to make restitution for all violations of any provisions of this Act or rules or regulations made pursuant thereto, whether by way of payment of damages to employees or otherwise. The Commission shall thereupon make such examination of his books, papers, and other documents, his plant, plant facilities, and other matters as may be necessary for the consideration of his application. The Commission shall then hold hearings and shall issue an order granting or denying the application: Provided further, That no order restoring the right to use or display the insignia shall be granted until the applicant shall have made full restitution for all violations theretofore committed by him: And provided further, That such applicant shall consent to the entry of a decree in a circuit court of appears enjoining him from further violations.

WITNESSES, TESTIMONY, AND PENALTIES

SEC. 19. (a) For the purposes of any proceeding or investigation, the Commission, or its duly authorized agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any documentary evidence of any member of the industry or any other person; and the Commission shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence as in the opinion of the Commission may be necessary in any proceeding or investigation. The Chairman of the Commission or his duly authorized agent may sign subpoenas; and members and examiners of the Commission may administer oaths and affirmations, examine witnesses and receive evidence.

(b) The attendance of witnesses and the production of documentary evidence may be required from any place within the jurisdiction of the United States at any designated place of hearing. In case of disobedience to a subpoena the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(c) Any of the district courts within the jurisdiction of which any proceeding or investigation is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(d) Upon the application of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus, commanding any person to comply with the provisions of this section or any order of the Commission made in pursuance thereof.

(e) The Commission may order testimony to be taken by deposition in any proceeding or investigation pending under this Act at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as provided in subsections (b), (c), and (d) hereof.

(f) Witnesses summoned before the Commission shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(g) No person shall be excused from attending and testifying or from producing documentary evidence before the Commission or in obedience to the subpoena of the Commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forefiture. But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise, before the Commission in obedience to a subpoena issued by it: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. (h) Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry or to produce documentary evidence, if in his power to do so, in obedience to the subpoena or lawful requirement of the Commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000or by imprisonment for not more than one year, or by both such fine and imprisonment.

(i) Any person who shall wilfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this Act, or who shall wilfully make, or cause to be made, any false entry in any account, record,. or memorandum kept by any member of the industry subject to this Act, or who, shall wilfully neglect or fail to make or cause to be made, full, true, and correct. entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such member of the industry, or who shall wilfully remove out of the jurisdiction of the United States, or wilfully destroy, mutilate, alter, or by any other means falsify any documentary evidence, or who shall wilfully refuse to submit to the Commission or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence in his possession or within his control, or who shall wilfully make or cause to be made any false statement for the purpose of securing a certificate of registration under section 12 (c) hereof, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000* or to imprisonment for a term of not more than three years, or to both such fine and imprisonment.

(j) If any member of the industry required by this Act to file any annual or special report shall fail so to do within the time fixed by the Commission for filing the same, and such failure shall continue for ten days after notice of such default, he shall forfeit to the United States the sum of $100 for each failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the member of the industry has his principal office or in any district in which he shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriations for the expenses of the courts of the United States.