« ÎnapoiContinuă »
62 Stat. 697, 698, 703, 793.
(f) Service of an individual as a member of the Commission or employment of an individual by the Commission shall not be considered to be service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes (5 U. S. C. 99).
THE DIRECTOR AND STAFF
SEC. 4. (a) The Director of the Commission shall be appointed by the Commission without regard to the civil-service and classification laws, and his compensation shall be fixed by the Commission without 63 Stat. 954. regard to the Classification Act of 1949, as amended.
5 USC 1071 note.
(b) The Director shall serve as the Commission's reporter, and, subject to the direction of the Commission, shall supervise the activities of persons employed under the Commission, the preparation of reports, and shall perform other duties assigned him within the scope of the functions of the Commission.
(c) Within the limit of funds appropriated for such purpose, individuals may be employed by the Commission for service with the Commission staff without regard to the civil-service and classification laws, and services may be procured as authorized by section 15 of the 60 Stat. 810. Act of August 2, 1946, as amended (5 U. S. C. 55a), but at rates for individuals not in excess of $50 per diem.
60 Stat. 808.
63 Stat. 166.
ESTABLISHMENT OF THE ADVISORY COMMITTEE
SEC. 5. (a) There is hereby established a committee of fifteen members to be known as the Advisory Committee on International Rules of Judicial Procedure (hereinafter referred to as the "Advisory Committee"), to advise and consult with the Commission. The Advisory Committee shall be appointed by the Commission from among lawyers, judges of Federal and State courts, and other persons competent to provide advice for the Commission.
(b) Members of the Advisory Committee shall not be deemed to be officers or employees of the United States by virtue of such service and shall receive no compensation. Members of the Advisory Committee who are not otherwise officers or employees of the United States shall be entitled to travel and subsistence expenses as authorized by section 5 of the Administrative Expenses Act of 1946, as amended (5 U. S. C. 73b-2), for persons serving without compensation, in accordance with the provisions of the Travel Expense Act of 1949, as amended (5 U. S. C. 835-842).
GOVERNMENT AGENCY COOPERATION
SEC. 6. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this 72 Stat. 1744. Act; and each such department, agency, and instrumentality is author72 Stat. 1745. 1zed to cooperate with the Commission and, to the extent permitted by law, to furnish such information to the Commission, upon request made by the Chairman or other member designated to act as Chairman.
SEC. 7. (a) For administrative purposes only, the Commission and the Advisory Committee shall be attached to the Department of
72 Stat. 1745.
(b) The Commission shall render to the President annual reports Reports to for transmission to the Congress.
The Commission shall submit its final report and the Commission and the Advisory Committee shall terminate and wind up their affairs prior to December 31, 1959.
AUTHORIZATION OF APPROPRIATIONS
SEC. 8. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts, not to exceed a total of $75,000, as may be necessary to carry out the provisions of this Act.
Approved September 2, 1958.
Public Law 85-918
To amend the Act of September 7, 1957 (71 Stat. 626), providing for the establishment of a Civil War Centennial Commission.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the joint resolution of September 7, 1957 (71 Stat. 626), entitled "Joint resolu- 36 USC 749. tion to establish a commission to commemorate the one hundredth anniversary of the Civil War, and for other purposes", is hereby amended to read as follows:
72 Stat. 1769.
"SEC. 9. There is hereby authorized to be appropriated such sums 72 Stat. 1770. as may be necessary to carry out the provisions of this joint resolution, not to exceed $100,000 in any one fiscal year."
Approved September 2, 1958.
85th Congress, H. R. 9817
72 Stat. 1770.
Relating to venue in tax refund suits by corporations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1402 Corporations. (a) of title 28, United States Code, is amended to read as follows: Tax refund (a) Any civil action against the United States under subsection suits. (a) of section 1346 of this title may be prosecuted only:
(1) Except as provided in paragraph (2), in the judicial district where the plaintiff resides;
"(2) In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial district in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division."
Approved September 2, 1958.
62 Stat. 937,
Public Law 85-928
85th Congress, S. 4096
September 6, 1958
72 Stat. 1783.
To amend section 4201 of title 18, United States Code, with respect to the annual rate of compensation of members of the Board of Parole.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4201 of
title 18, United States Code, is amended by deleting the second sentence 64 Stat. 1085. thereof and substituting in lieu thereof the following sentence: The annual rate of basic compensation of each member of the Board shall
Approved September 6, 1958.
86th Congress, S. 726
July 23, 1959
To amend section 11 of the Clayton Act to provide for the more expeditious enforcement of cease and desist orders issued thereunder, and for other purposes.
amendments. Cease and desist orders.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first and Clayton Act, second paragraphs of section 11 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21), are hereby redesignated as subsections (a) and (b) of such section, respectively.
(b) The last sentence of the second paragraph of such section which Filing of has been hereby redesignated as subsection (b) is amended to read as follows: "Until the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time then until the record in the proceeding has been filed in a court of appeals of the Tited States, as hereinafter provided, the Commission or Board may at any time, upon such 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 by it under this section. After the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission or Board may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part, any report or order made or issued by it under this section, whenever in the opinion of the Commission or Board conditions of fact or of law have so changed as to require such action or if the public interest shall so require: Provided, however, That the said person may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate court of appeals of the United States, in the manner provided in subsection (c) of this section."
(c) The third, fourth, fifth, sixth, and seventh paragraphs of such section are amended to read as follows:
"(c) Any person required by such order of the commission or board Court of to cease and desist from any such violation may obtain a review of Appeals, such order in the court of appeals of the United States for any circuit within which such violation occurred or within which such person resides or carries on business, by filing in the court, within sixty days after the date of the service of such order, a written petition praying that the order of the commission or board be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court 73 Stat. 243. to the commission or board, and thereupon the commission or board 73 Stat. 244. shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon such filing of 72 ́Stat. 941. the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the commission or board until the filing of the record, and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the commission or board, and enforcing the same to the extent that such order is affirmed, and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite. The findings of the commission or board as to the facts, if supported by substantial evidence, shall be conclusive. To the extent that the order of the commission or board is affirmed, the court shall issue its own order commanding
Supreme Court, review.
62 Stat. 928. Filing of record.
Service of complaints, orders, etc.
Finality of order.
73 Stat. 244. 73 Stat. 245.
obedience to the terms of such order of the commission or board. 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 proceeding before the commission or board, the court may order such additional evidence to be taken before the commission or board, and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commission or board may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28 of the United States Code.
"(d) Upon the filing of the record with it the jurisdiction of the court of appeals to affirm, enforce, modify, or set aside orders of the commission or board shall be exclusive.
"(e) Such proceedings in the court of appeals shall be given precedence over other cases pending therein, and shall be in every way expedited. No order of the commission or board or judgment of the court to enforce the same shall in anywise relieve or absolve any person from any liability under the antitrust laws.
"(f) Complaints, orders, and other processes of the commission or board under this section may be served by anyone duly authorized by the commission or board, either (1) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (2) by leaving a copy thereof at the residence or the principal office or place of business of such person; or (3) by mailing by registered or certified mail a copy thereof addressed to such person at his or its residence or principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post office receipt for said complaint, order, or other process mailed by registered or certified mail as aforesaid shall be proof of the service of the same.
"(g) Any order issued under subsection (b) shall become final— "(1) upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; but the commission or board may thereafter modify or set aside its order to the extent provided in the last sentence of subsection (b); or
"(2) upon the expiration of the time allowed for filing a petition for certiorarí, if the order of the commission or board has been affirmed, or the petition for review has been dismissed by the court of appeals, and no petition for certiorari has been duly filed; or
"(3) upon the denial of a petition for certiorari, if the order of the commission or board has been affirmed or the petition for review has been dismissed by the court of appeals; or
"(4) upon the expiration of thirty days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the commission or board be affirmed or the petition for review be dismissed.
"(h) If the Supreme Court directs that the order of the commission or board be modified or set aside, the order of the commission or board