Page:United States Statutes at Large Volume 50 Part 1.djvu/113

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88 75TH CONGRESS, 1sT SESSION-CH . 127 -APRI L 26, 193 7 Termination of con- findings to the department or agency concerned . Such department tract .

or agenc y shall thereupon declare the contract for the supply of t he coal of such producer to be canceled and terminated . Designated Acts not

(d) Nothing contained in this Act or section shall be construed to affected . . 70. repeal or modify th e provisions of the Act o f March 23, 1 932 (ch . 29SS.~C.§101. 90, 47 Stat. 70), or of the Act of July 5, 1935 (ch . 372, 49 Stat . 449), 29 u . s . E, supp. known as the National Labor Relations Act, or of any other Act of II, § 151. 49 stet. 2036 . Congress regarding labor relations or rights of employees to organize 41u.s.c ., Supp. or bargain collectively, or of the Act of June 30, 1936 (ch . 881, 49 II, § 35.

Stat. 2036) . Reports and ac-

SEC . 10. (a) The Commission may require reports from producers counts of producers . and may use such other sources of information available as it deems advisable, and may require producers to maintain a uniform system of accounting of costs, wages, operations, sales, profits, losses, and such other matters as may be required in the administration of this Informatio n con' A c t . N o information obtained fro m a producer disclosing c osts of sid eredco nfide ntial d production or sales realization shall be made public without the con- sent of the producer from whom the same shall have been obtained, except where such disclosure is made in evidence in any hearing before the Commission or any court and except that such information may be compiled in composite form in such manner as shall not be injurious to the interests of any producer and, as so compiled, may be published by the Commission . Penalty for viola-

(b) Any officer or employee of the Commission or of any district ti on. board who shall, in violation of the provisions of subsection (a), make public any information obtained by the Commission or the district board, 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 $500, or by imprisonment not exceeding six months, or by both fine and imprisonment, in the discretion of the court . Failing to file re-

(c) If any producer required by this Act or the code or regulation port, penalty . made thereunder to file a report shall fail to do so within the time fixed for filing the same, and such failure shall continue for fifteen days after notice of suc h default, the producer shall forfeit to . t he United States the sum of $50 for each and every day of the continuance of such failure, which f orfeiture shall be payable in to the Treasury civil suit . Recovery of fine by o f the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the producer has his principal office or in any district in which he shall do business . Duties of district It shall be the duty of the various district attorneys, under the direc- attorneys .

tion of the Attorney General of the United States, to prosecute for the recovery of forfeiture . State laws .

SEC. 11 . State laws regulating the mining of coal not inconsistent herewith are not affected by this Act . Combi nati on t reat -

SEC . 12. An combination between producers creating a marketing ing marketing agency

y

b~ for disposal of com- agen cy for the di spos al of comp eti tive co als in int erst ate co mmer ce ve coals commerce . inter- state or in intrastate commerce directly affecting interstate commerce in coal at prices to be determined by such agency, or by the agreement of the producers operating t hrough such agency, shall, af ter promul- gation of the code provided for in section 4, be unlawful as a restraint of interstate t rade and comm erce within t he provision s of the Act of Congress of July 2, 1890, known as the Sherman Act, and Acts amendatory and supplemental thereto, unless such producers have accepted the code provided for in section 4 and shall comply with its prov isions. keCoopprativ e mar

Subject to the approval of the Commission, a marketing agency may, as to its members, or such marketing agencies may, as between