An Act 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.
PL 86-107 (S.726), enacted 07/23/1959

73 
S T A T . ] 
PUBLIC LAW 86-107-JULY 23, 1959 
243 
of papers affected, and shall be published once a week for three consecu-
tive weeks in a newspaper of general circulation in the District of 
Columbia, the third publication of such notice to appear not less than 
thirty days prior to the date after which such papers may be destroyed. 
Any corporation shall be entitled to the return to it of any paper 
authorized by this section to be destroyed upon written request to the 
Recorder of Deeds accompanied by a fee in the amount of $1 for each 
such paper to cover the cost of postage and handling." 
SEC. 18. This Act shall take effect on the sixtieth day after the date 
of its enactment. 
Approved July 23, 1959. 
Effective date. 
Public Law 86-107 
AN ACT 
To amend section 11 of the Clayton Act to provide for tlie more expeditious 
enforcement of cease and desist orders issued thereunder, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Arnerica in Congress assembled, That (a^ the first and 
second paragraphs of section 11 of the Act entitled "An Act to supple-
ment 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 
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 
United 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 Com-
mission 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, 
hmvever, 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 
to cease and desist from any such violation may obtain a review of 
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 
July 23, 1959 
[S. 726] 
C l a y t o n 
Act, 
amendment :3. 
C e a s e and de-
sist orders. 
F i l i n g of peti-
tion. 
C o u r t of 
Ap-
peals, review. 
244 
PUBLIC LAW 86-107-JULY 23, 1959 
[73 STAT. 
to the commission or board, and thereupon the commission or board 
shall file in the court the record in the proceeding, as provided in 
72 Stat. 941. 
sectiou 2112 of title 28, United States Code. Upon such filing of 
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 commis-
sion 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 
obedience to the terms of such order of the commission or board. 
If 
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 find-
ings, 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 
reviTw*""^ Court, same shall be subject to review by the Supreme Court upon certiorari, 
'*62*st*at. 928. 
as providcd in section 1254 of title 28 of the United States Code. 
Filing of record. 
"((J) Upoii 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 preced-
ence over other cases pending therein, and shall be in every way 
expedited. 
No order oi 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. 
Service of com- 
"(f) Complaiuts, ordcrs, and other processes of the commission or 
p^i^aints, orders, jj^^j.^^ ui^(jer this sectiou 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. 
Finality of order, 
"(g) Any ordcT issucd undcr 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 witnin 
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 
73 S T A T . ] 
PUBLIC LAW 86-107-JULY 23, 1959 
24S 
"(2) upon the expiration of the time allowed for filing a 
E
etition for certiorari, if the order of the commission or board has 
een 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 issu-
ance of the mandate of the Supreme Court, if such Court directs 
that the order of the commission or board be affirmed or the 
]:)etition 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 
rendered in accordance with the inandate of the Supreme Court shall 
become final upon the expiration of thirty days from the time it was 
rendered, unless within such thirty days either party has instituted 
proceedings to have such order corrected to accord with the mandate, 
m which event the order of the commission or board shall become final 
when so corrected. 
" (i) If the order of the commission or board is modified or set aside 
by the court of appeals, and if (1) the time allowed for filing a petition 
for certiorari has expired and no such petition has been duly filed, or 
(2) the petition for certiorari has been denied, or (3) the decision of 
the court has been affirmed by the Supreme Court, then the order of the 
commission or board rendered in accordance with the mandate of the 
court of appeals shall become final on the expiration of thirty days 
from the time such order of the commission or board was rendered, 
unless within such thirty days either party has instituted proceedings 
to have such order corrected so that it will accord with the mandate, 
in which event the order of the commission or board shall become final 
when so corrected. 
"(j) If the Supreme Court orders a rehearing; or if the case is 
remanded by the court of appeals to the commission or board for a 
rehearing, and if (1) the time allowed for filing a petition for cer-
tiorari has expired, and no such petition has been duly filed, or (2) 
the petition for certiorari has been denied, or (3) the decision of the 
court has been affirmed by the Supreme Court, tnen the order of the 
commission or board rendered upon such rehearing shall become final 
in the same manner as though no prior order of the commission or 
board had been rendered. 
" (k) As used in this section the term 'mandate', in case a mandate 
has been recalled prior to the expiration of thirty days from the date 
of issuance thereof, means the final mandate. 
"(1) Any person who violates any order issued by the commission 
or board under subsection (b) after such order has become final, and 
while such order is in effect, shall forfeit and pay to the United States 
a civil penalty of not more than $5,000 for each violation, which shall 
accrue to the United States and may be recovered in a civil action 
brought by the United States. Eacn separate violation of any such 
order shall be a separate offense, except tnat in the case of a violation 
through continuing failure or neglect to obey a final order of the 
commission or board each day of continuance of such failure or neglect 
shall be deemed a separate offense." 
SEC. 2. The amendments made by section 1 shall have no appli-
cation to any proceeding initiated before the date of enactment of 
this Act under the third or fourth paragraph of section 11 of the Act 
entitled "An Act to supplement existing laws against .unlawful 
Modification. 
Rehearing. 
Mandate. 
Penalty. 
>^pli(: ability. 
246 
PUBLIC LAW 86-108-JULY 24, 1959 
[73 S T A T , 
restraints and monopolies, and for other purposes", approved October 
15, 1914 (38 Stat. 734, as amended; 15 U.S.C. 21). Each such pro-
ceeding shall be governed by the provisions of such section as they 
existeaon the day preceding the aate of enactment of this Act. 
Approved July 23, 1959. 
July 24, 1959 
[H. R. 7500] 
Public Law 86-108 
AN ACT 
To amend further the Mutual Security Act of 1954, as amended, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
AcTof'fgsl.^''"'"'' be cited as the "Mutual Security Act of 1959". 
70 Stat. 555. 
22 u s e 1750. 
STATEMENT OF POLICY 
SEC. 2. Section 2 of the Mutual Security Act of 1954, as amended, 
which is a statement of policj^, is amended to read as follows: 
"SEC. 2. STATEMENT OF POLICY.— (a) It is the sense of the Congress 
that peace in the world increasingly depends on wider recognition, 
both m principle and practice, of the dignity and interdependence of 
men; and that the survival of free institutions in the United States 
can best be assured in a world wide atmosphere of expanded freedom. 
" (b) Through programs of assistance authorized by this Act and its 
predecessors, the United States has helped thwart Communist intimi-
dation in many countries of the world, has helped Europe recover 
from the wounds of World War II, has supported defensive military 
preparations of nations alerted by Communist aggression, and has 
soundly begun to help peoples of economically underdeveloped areas 
to develop their resources and improve their living standards. 
" (c) Programs authorized by this Act continue to serve the follow-
ing principal purposes: 
"(1) The Congress recognizes the basic identity of interest which 
exists between the people of the United States and the peoples of 
other lands who are striving to establish and develop politically inde-
pendent and economically viable units, and to produce more goods 
and services, and to improve ways of living by methods which reflect 
the popular will, and to realize aspirations for justice, for education, 
and for dignity and respect as individual human beings, and to estab-
lish responsible governments which will cooperate with other like-
minded governments. 
The Congress declares it to be a primary 
objective and need of the United States, and one consistent with its 
tradition and ideals, to share these strivings by providing assistance, 
with due regard for our other obligations, to peoples willing to work 
energetically toward these ends. 
"(2) The Congress recognizes that the peace of the world and the 
security of the United States are endangered so long as international 
communism and the nations it controls continue by threat of military 
action, by the use of economic pressure, and by internal subversion, or 
other means to attempt to bring under their domination peoples now 
free and independent and continue to deny the rights of freedom and 
self-government to peoples and nations once free but now subject to 
such domination. The Congress declares it to be the policy of the 
United States to continue so long as such danger to the peace of the 
Avorld and to the security of the United States persists, to make avail-
able to other free nations and peoples upon request assistance of such