24 1 under, shall be subject to a civil penalty of not to exceed 2 $1,000 for each such violation. 3 (b) Any such civil penalty may be compromised by the 4 Secretary. The amount of such penalty, when finally de5 termined, or the amount agreed upon in compromise, may be 6 deducted from any sums owing by the United States to the person charged. 7 8 INJUNCTION; SUBPENAS 9 SEC. 15. (a) The United States district courts and the 10 United States courts of the territories and of the Common11 wealth of Puerto Rico shall have jurisdiction, for cause 12 shown and subject to the provisions of rule 65 (a) and (b) 13 of the Federal Rules of Civil Procedure, to restrain viola14 tions of this Act upon petition by the appropriate United 15 States attorney or the Attorney General on behalf of the 16 United States. 17 (b) In any proceeding for criminal contempt for viola18 tion of an order, injunction, or restraining order issued under 19 this section, which violation also constitutes a violation of this 20 Act, trial shall be by the court or, upon demand of the 21 accused, by a jury. Such trial shall be conducted in accord 22 2 23 ance with the practice and procedures applicable in the case 23 of proceedings subject to the provisions of rule 42(b) of the 24 Federal Rules of Criminal Procedure. 25 (c) In all libel or injunction proceedings for the en 25 1 forcement, or to restrain violations, of this Act, subpenas 2 for witnesses who are required to attend a court of the 3 United States in any district may run into any other district 4 in any such proceeding. 5 6 13 SEIZURE SEC. 16. (a) Any motor vehicle tire that has been 7 manufactured or introduced into commerce in violation of 8 section 13 of this Act shall be liable to be proceeded against 9 by the United States while in interstate commerce on libel 10 of information and condemned in any district court of the 11 United States and in any United States court for the terri12 tories, possessions, and the Commonwealth of Puerto Rico. (b) Such tire shall be liable to seizure by process pur14 suant to the libel, and the procedure in cases under this 15 section shall conform, as nearly as may be, to the procedure 16 in admiralty; except that on demand of either party any 17 issue of fact joined in any such case shall be tried by jury. 18 When libel for condemnation proceedings under this section, 19 involving the same claimant, are pending in two or more 20 jurisdictions, such pending proceedings, upon application of 21 the United States or the claimant seasonably made to the 22 court of one such jurisdiction, shall be consolidated for trial 23 by order of such court, and tried in (1) any district selected 24 by the applicant where one of such proceedings is pending; 25 or (2) a district agreed upon by stipulation between the 26 1 parties. If no order for consolidation is so made within a 2 reasonable time, the United States or the claimant may 3 apply to the court of one such jurisdiction, and such court 4 (after giving the other party, the claimant, or the United 5 States attorney for such district, reasonable notice and 6 opportunity to be heard) shall by order, unless good cause 7 to the contrary is shown, specify a district of reasonable 8 proximity to the claimant's principal place of business, in 9 which all such pending proceedings shall be consolidated for 10 trail and tried. Such order of consolidation shall not apply 11 so as to require the removal of any case the date for trial 12 of which has been fixed. The court granting such order 13 shall give prompt notification thereof to the other courts 14 having jurisdiction of the case covered thereby. 15 16 (c) Any tire condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the 17 court may, in accordance with the provisions of this section, 18 direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such tire shall not be sold under such decree con 19 20 21 223 trary to the provisions of this Act or the laws of the juris22 diction in which sold: Provided, That, after entry of the de 23 24 cree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned 27 1 that such tire shall not be sold or disposed of contrary to the 2 provisions of this Act or the laws of any State or territory in 3 which sold, the court may by order direct that such tire be 4 delivered to the owner thereof to be destroyed or brought 5 into compliance with the provisions of this Act under the 6 supervision of an officer or employee duly designated by the 7 Secretary, and the expenses of such supervision shall be paid 8 by the person obtaining release of the tire under bond. 9 (d) When a decree of condemnation is entered against 10 the tire, court costs and fees, and storage and other proper 11 expenses, shall be awarded against the person, if any, inter12 vening as claimant of the tire. 13 (e) In the case of removal for trial of any case as pro14 vided by subsection (c) of this section (1) the clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction; (2) the court to which such case is removed shall have the powers and be subject to the duties, for pur poses of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed. 1 2 28 REGULATIONS, AVOIDANCE OF DUPLICATION SEC. 17. (a) The Secretary is authorized to issue and 3 amend such rules and regulations as he deems necessary or 4 appropriate to carrying out the provisions of this Act. 5 (b) The Secretary, in exercising the authority under 6 this Act, shall utilize the services, research, and testing facili7 ties of public and competent private agencies to the maxi8 mum extent he determines practicable in order to avoid 9 duplication in research, facilities, or operation services. 10 11 AUTHORIZATION SEC. 18. To carry out the purpose of this Act, there is 12 authorized to be appropriated the sum of $2,900,000 for the 13 fiscal year ending June 30, 1967, $1,450,000 for each of 14 the fiscal years ending June 30, 1968, and 1969, and 15 $1,600,000 for each of the fiscal years ending June 30, 16 1970, 1971, 1972, 1973, and 1974. о |