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FEDERAL TRADE COMMISSION BILL

H. R. 15613, AN ACT TO CREATE AN INTERSTATE TRADE COMMISSION, TO DEFINE ITS POWERS

AND DUTIES, AND FOR OTHER PURPOSES

[The sections as passed by the House and Senate are not in numerical order)
HOUSE BILL.
PASSED BY SENATE.

CONFERENCE AGRE Be it enacted by the Senate and Be it enacted by the Senate and . Be it enacted by the Senate and House of Representatives of the House of Representatives of the House of Representatives of the United States of America in Con- United States of America in Con- United States of America in Congress assembled, That a commission gress assembled, That a commission gress assembled, That a commission is hereby created and established, to is hereby created and established to is hereby created and established, be known as the Interstate Trade be known as the Federal Trade Com- to be known as the Federal Trade Commission (hereinafter referred to mission, composed of five members, Commission (hereinafter referred as the commission), which shall be not more than three of whom shall be to as the commission), which shall composed of three commissioners, members of the same political party, be composed of five commissioners, who shall be appointed by the Presi- and the said Federal Trade Commis- who shall be appointed by the dent, by and with the advice and sion is referred to hereinafter as “the President, by and with the advice consent of the Senate. Not more commission.”

and consent of the Senate. Not than two of the commissioners shall [The commissioners shall be ap- more than three of the commisbe members of the same political pointed by the President, by and sioners shall be members of the party. The first commissioners ap- with the advice and consent of the same political party. The first pointed shall continue in office for Senate. The terms of office of the commissioners appointed shall conterms of two, four, and six years, commissioners shall be seven years tinue in office for terms of three, respectively, from the date of the each. The terms of those first ap- four, five, six, and seven years, taking effect of this act, the term of pointed by the President shall date respectively, from the date of the each to be designated by the Presi- from the taking effect of this Act, taking effect of this Act, the term of dent, but their successors shall be and shall be as follows:

each to be designated by the Presiappointed for terms of six years, ex

One shall be appointed for a term

dent, but their successors shall be cept that any person chosen to fill a of three years, one for a term of

appointed for terms of seven years, vacancy shall be appointed only for the unexpired term of the commis

four years, one for a term of five except that any person chosen years, one for a term of six years,

to fill a vacancy shall be appointed sioner whom he shall succeed. The and one for a term of seven years;

only for the unexpired term of the commission shall choose a chairman and after said commissioners shall

commissioner whom he shall sucfrom its own membership. No com

have been so first appointed all ap- ceed. The commission shall choose missioner shall engage in any other

pointments, except to fill vacancies,

ot to fill vacancies a chairman from its own memberbusiness, vocation, or employment. shall be for terms of seven years

ship. No commissioner shall enAny commissioner may be removed

each. The commission shall 'elect gage in any other business, vocaby the President for inefficiency,

one of its members chairman for tion, or employment. Any comneglect of duty, or malfeasance in

such period as it may determine. missioner may be removed by the office. A vacancy in the commission

The commission shall elect a secre-President for inefficiency, neglect shall not impair the right of the remaining commissioners to exercise

tary and may elect an assistant sec- of duty, or malfeasance in office.

retary. Said secretary and assist- A vacancy in the commission shall all the powers of the commission.

ant secretary shall hold their offices not impair the right of the remain

or connection with the commission ing commissioners to exercise all The commission shall have an

at the pleasure of the commission. the powers of the commission.

ach commissioner shall receive a The commission shall have an official seal, which shall be judicially

salary of $10,000 per annum. The official seal, which shall be judicially noticed.

secretary of the commission shall noticed.
receive a salary of $5,000 per annum.
The assistant secretary shall receive
a salary of $4,000 per annum. In
case of a vacancy in the office of any
commissioner during his term, an
appointment shall be made by the
President, by and with the advice
and consent of the Senate, to fill
such vacancy, for the unexpired
term.]

[NOTE.—The part in brackets is
from Sec. 2.]

HOUSE BILL.
PASSED BY SENATE,

CONFERENCE AGREEMENT. SEÇ. 2. That each commissioner

Sec. 2. That each commissioner shall receive a salary of $10,000 a

shall receive a salary of $10,000 a year, payable in the same manner as

year, payable in the same manner the salaries of the judges of the courts

as the salaries of the judges of the of the United States. The commis

courts of the United States. The sion shall appoint a secretary, who

commission shall appoint a secreshall receive a salary of $5,000 a year,

tary, who shall receive a salary of payable in like manner, and it shall

$5,000 a year, payable in like manhave authority to employ and fix

ner, and it shall have authority to the compensation of such other offi

employ and fix the compensation of cials, clerks, and employees as it

such attorneys, special experts, exmay find necessary for the proper

aminers, clerks, and other employperformance of its duties and as may

ees as it may from time to time find be from time to time appropriated

necessary for the proper performfor by Congress.

ance of its duties and as may be from time to time appropriated for by.

Congress. Sec.5. That, with the exception of

on of The commission shall have such

The commission shall have such With the exception of the secrethe secretary and a clerk to each attorneys, accountants, experts, ex- tary, a clerk to each commissioner, commissioner, all employees of the aminers, special agents, and other the attorneys, and such special excommission shall be a part of the employees as may. from time to perts and examiners as the commisclassified civil service, and shall time, be appropriated for by Con- sion may from time to time find enter the service under such rules gress, and shall have authority to necessary for the conduct of its and regulations as may be pre- audit their bills and fix their com- work, all employees of the commisscribed by the commission and by pensation. With the exception of sion shall be a part of the classified the Civil Service Commission. the secretary and assistant secre

civil service, and shall enter the tary and one clerk to each of the service under such rules and regulacommissioners, and such attorneys tions as may be prescribed by the and experts as may be employed, commission and by the Civil Service all employees of the commission

Commission.
shall be a part of the classified civil
service. The commission shall also
have the power to adopt a seal,
which shall be judicially noticed, and
to rent suitable rooms for the con-

duct of its work.
Until otherwise provided by law
the commission may rent suitable
offices for its use.

All of the expenses of the com- All the expenses of the commis- All of the expenses of the commission, including all necessary ex- sion, including all necessary ex- mission, including all necessary expenses for transportation incurred penses for transportation incurred penses for transportation incurred · by the commissioners or by their by the commissioners or by their by the commissioners or by their employees under their orders, in employees under their orders in employees under their orders, in making any investigation, or upon making any investigation or upon making any investigation, or upon official business in any other places official business in any other place official business in any other places than in the city of Washington, than in the city of Washington, than in the city of Washington, shall be allowed and paid on the shall be allowed and paid on the shall be allowed and paid on the presentation of itemized vouchers presentation of itemized vouchers presentation of itemized vouchers therefor approved by the com- therefor, approved by the com- therefor approved by the commismission. mission.

sion. Witnesses summoned before the The Auditor for the State and Until otherwise provided by law, commission shall be paid the same other Departments shall receive the commission may rent suitable fees and mileage that are paid wit- and examine all accounts of ex- offices for its use. nesses in the courts of the United penditures of the commission.

The Auditor for the State and States.

Witnesses summoned before the Other Departments shall receive The Auditor for the State and commission shall be paid the same and examine all accounts of expendiOther Departments shall receive fees and mileage that are paid wit- tures of the commission. and examine all accounts of ex nesses in the courts of the United penditures of the commission.

States.
SD63-2-vol 25--16

HOUSE BILL.
PASSED BY SENATE.

CONFERENCE AGREEMENT. SEC. 3. That upon the organiza- SEC. 2. Upon the organization of SEC. 3. That upon the organization of the commission and election of the commission, the Bureau of Cor- tion of the commission and election its chairman all the existing powers, porations, and the offices of Com- of its chairman, the Bureau of Corauthority, and duties of the Bureau missioner and Deputy Commissioner porations and the offices of Comof Corporations and of the Commis- of Corporations shall cease to exist, missioner and Deputy Commissioner sioner of Corporations conferred

of Corporations shall cease to exist; upon them by the Act entitled “An

and all pending investigations and Act to establish the Department of

proceedings of the Bureau of Cor· Commerce and Labor," approved

porations shall be continued by the February four teenth, nineteen hun

commission. dred and three, and all amendments thereto, and also those conferred upon them by resolutions of the United States Senate passed on March first, nineteen hundred and thirteen, on May twenty-seventh, nineteen hundred and thirteen, and on June eighteenth, nineteen hundred and thirteen, shall be vested in the commission.

All clerks and employees of the and the employees of said bureau All clerks and employees of the said bureau shall be transferred to shall become employees of the com- said bureau shall be transferred to and become clerks and employees of mission in such capacity as it may and become clerks and employees the commission at their present designate. The commission shall of the commission at their present grades and salaries. All records, take over all the records, furniture, grades and salaries. All records, papers, and property of the said and equipment of said bureau. All papers, and property of the said bureau shall become records, pa- work and proceedings pending be- bureau shall become records, pers, and property of the commis- fore the bureau may be continued paper3, and property of the comsion, and all unexpended funds and by the commission free from the di- mission, and all unexpended funds appropriations for the use and rection or control of the Secretary and appropriations for the use and maintenance of the said bureau of Commerce. All appropriations maintenance of the said bureau, shall become funds and appropria- heretofore made for the support and including any allotment 'already tions available to be expended by maintenance of the bureau and its made to it by the Secretary of Comthe commission in the exercise of work are hereby authorized to be merce from the contingent approthe powers, authority, and duties expended by the commission for priation for the Department of conferred on it by this Act. said purposes.

Commerce for the fiscal year nineThat the Bureau of Corporations Any commissioner may be re- teen hundred and fifteen, or from and the offices of Commissioner of moved by the President for ineffi- the departmental printing fund for Corporations and Deputy Commis- ciency, neglect of duty, or malfea- the fiscal year nineteen hundred sioner of Corporations are, upon the sance in office. A vacancy in the and fifteen, shall become funds and organization of the commission and commission shall not impair the appropriations available to be exthe election of its chairman, abol right of the remaining commis- pended by the commission in the ished and their powers, authority, sioners to exercise all the powers of exercise of the power , authority, and duties shall be exercised by the the commission.

and duties conferred on it by this commission free from the direction

Act. or control of the Secretary of Commerce.

The information obtained by the commission in the exercise of the powers, authority, and duties conferred upon it by this section may be made public, in the discretion of the commission. SEC. 4. That the principal office of

The office of the commission The principal office of the comthe commission shall be in the city shall be in the city of Washington, mission shall be in the city of Washof Washington, where its general but the commission may at its ington, but it may meet and exersessions shall be held; but when pleasure meet and exercise all its cise all its powers at any other place. ever the interest of the public powers at any other place, and may The commission may, by one or may be promoted, or delay or ex- authorize one or more of its mem- more of its members, or by such expense prevented, the commission bers to prosecute any investigation, aminers as it may designate, prosemay hold special sessions in any and for the purposes thereof to cute any inquiry necessary to its part of the United States. The exercise the powers herein given the duties in any part of the United commission may, by one or more commission.

States. of its members, or by such officers as it may designate, prosecute any inquiry necessary to its duties in any part of the United States.

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