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Page:United States Statutes at Large Volume 88 Part 2.djvu/858

 2174 Technicians'

D.C. Code

Dog handler.

Detective sergeant.

PUBLIC LAW 93-635-JAN. 3, 1975

[88 STAT.

g^c. 2. (R) Effective Oil and after the first day of the first pay period beginning on or after July 1, 1974, subsections (a), (b), (c), and (d) of section 302 of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-828) are amended to read as follows: '"SEC. 302. (a) The Commissioner of the District of Columbia, in the case of the Metropolitan Police force and the Fire Department of the District of Columbia, the Secretary of the Treasury, in the case of the Executive Protective Service, and the Secretary of the Interior, in the case of the United States Park Police force, are authorized to eotablish and determine, from time to time, the positions in salary classes 1, 2, and 4 to be included as technicians' positions. "(b) Each officer or member— " (1) who immediately prior to the effective date of the District of Columbia Police and Firemen's Salary Act Amendments of 1972

" (A) was in a position assigned to subclass (b) of salary class 1 or 2 or subclass (c) of salary class 4, or " (B) was in salary class 4 and was performing the duty of a dog handler, or "(2) whose position is determined under subsection (a) to be included in salary class 1, 2, or 4 on or after such date as a technician's position, shall on or after such date receive, in addition to his scheduled rate of basic compensation, $735 per annum. An officer or member described in paragraph (1)(A) or (2) shall receive the additional compensation authorized by this subsection until his position is determined under subsection (a) not to be included in salary class 1, 2, or 4, as a technician's position or until he no longer occupies such position, whichever occurS first. An officer or member described in paragraph (1)(B) shall receive such compensation until the position of dog handler is determined under subsection (a) not to be included in salary class 4 as a technician's position or until he no longer performs the duty of dog handler, whichever first occurs. If the position of dog handler is included under subsection (a) as a technician's position, an officer or member performing the duty of a dog handler may not receive both the additional compensation authorized for an officer or member occupying a technician's position and the additional compensation authorized for officers and members performing the duty of a dog handler. "(c) Each officer or member who immediately prior to the effective date of the District of Columbia Police and Firemen's Salary Act Amendments of 1972 was assigned as a detective sergeant in subclass (b) of salary class 4 shall on or after such date, receive, in addition to his scheduled rate of basic compensation, $540 per annum so long as he remains in such assignment. Each officer or member who is promoted after such date to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $540 per annum so long as he remains in such assignment. "(d) The additional compensation authorized by subsections (b) and (c) shall be paid to an officer or member in the same manner as he is paid the basic compensation to which he is entitled.".

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(b) Effective on and after the first day of the first pay period Additional combeginning on or after January 1, 1974, section 302 of that Act is ^""c^c.G^de4-828. amended by adding at the end thereof the following: "(e) Whenever any officer or member receiving additional compensation authorized by subsection (b) or (c) is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this Act, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his scheduled rate of basic compensation equals or exceeds such sum. "(f) The loss of the additional compensation authorized by subsection (b) or (c) shall not constitute an adverse action for the purposes of section 7511 of title 5 of the United States Code.". (c) Effective on and after the date of enactment of this Act para- ^^c^code 4 8"8 graphs (5), (6), and (7) of section 101(a) of the Act of September 3, 1974 (relating to District of Columbia police and firemen's salaries) ^"^^' ^- ^°^^are repealed. SEC. 3. (a) Section 103(a) of the Act of September 3, 1974 (relat- ^"'^' P- I°38. ing to salary increases for District of Columbia police, firemen, and teachers), is amended by striking out "this title" and inserting in lieu thereof "this part". (b) Section 124(a) of that Act is amended by striking out "subsec- ^" P- ^°'*^tions (a), (b), and (d) " and inserting in lieu thereof "subsections (a) and (b)". (c) Section 124(c) of that Act is amended by striking out "Section 122" and inserting in lieu thereof "Sections 122,123, and 124". (d) The amendments made by this section shall take effect on and D^c^code'^'*8> after September 3, 1974. note. ' SEC. 4. Effective on the first day of the first pay period beginning Teachers, salon or after September 1, 1974, the salary schedule contained in sec- '"^^ ^crease. tion 1 of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501) is amended by (1) striking out "$29,900" in service step 5 of class 3 and inserting in lieu thereof "$29,990"; (2) striking out "13,620" in service step 9 of Group A - 1 of class 15 and inserting in lieu thereof "13,520"; (3) striking out "Group B, master's degree" in class 15 and inserting in lieu thereof "Group B, bachelor's degree + 30 or master's degree"; (4) striking out "14,780" in service step 8 of Group C of class 15 and inserting in lieu thereof "14,730"; and (5) striking out "17,180" in service step 12 of Group C of class 15 and inserting in lieu thereof "17,130". SEC. 5. Effective on and after September 3, 1974, the amendment made by section 202(2) of the Teachers' Salary Act Amendments of 1974 to the salary schedule contained in section 1 of the District of ^"'^' P- IO42. Columbia Teachers' Salary Act of 1955 is amended (1) by striking out ^"^ Code 31"10,410" in service step 6 of Group A - 1 of class 15 and inserting in lieu thereof "12,410"; and (2) by striking out "20,559" in Longevity step Y of Group D of class 15 and inserting in lieu thereof "20,550".

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Page:United States Statutes at Large Volume 88 Part 2.djvu/860

 2176 Ante,

PUBLIC LAW 93-635-JAN. 3, 1975 p. 1052.

Effective date. D.C. Code 47633 note.

Ante,

p. 1053.

Ante,

p. 1054.

Ante, p. 1055. D.C. Code 47646.

Effective date. D.C. Code 47633 note. Ante, p. 1065. Ante, p. 1036. Ante,

p. 1060.

Effective date. D.C. Code 471567g note.

Ante, p. 1060. D.C. Code 471567g.

[88 STAT.

SEC. 6. (a)(1) Subsections (c) and (d) of section 413 of the District of Columbia Keal Property Tax Revision Act of 1974 are each amended by striking out "subsection (a) " and inserting in lieu thereof "subsection (b)(3) ", (2) The amendments made by paragraph (1) shall take effect January 2, 1975. (b) Section 413(e) of that Act is amended by striking out "Act" and inserting in lieu thereof "title". (c) The first sentence of section 421(a) of that Act is amended by striking out "this part" and inserting in lieu thereof "this subpart". (d) The first sentence of section 421(f) of that Act is amended by striking out "Act" and inserting in lieu thereof "title". (e) The first sentence of section 422(b) of that Act is amended by striking out "this title" the first place it appears and inserting in lieu thereof "this subpart". (f) The last sentence of section 426(f) of that Act is amended by striking out "423" and inserting in lieu thereof "424". (g) Section 426(i) of that Act is amended by deleting "sections 3 and 14 of title IX of the Act of August 17, 1937 (D.C. Code, sec. 47-2404, 47-24143)" and inserting in lieu thereof "sections 3 and 4 of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47-2403, 47-2404)". (h) The amendments made by subsections (b), (c), (d), (e), (f), and (g) shall take effect as provided in section 478 of that Act as if the sections (as amended) amended by such subsections had been included in Public Law 93-407 on the date of its enactment. SEC. 7. (a)(1) Section 451 of the District of Columbia Real Property Tax Revision Act of 1974 is artiended by (A) inserting "of article I " immediately after "title VI", and (B) inserting "Tax" immediately after "Franchise". (2) The amendments made by paragraph (1) shall take effect on and after September 3, 1974. (b)(1) Section 7 of title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947, added by section 451 of the District of Columbia Real Property Tax Revision Act of 1974, is amended by striking out "SEC. 7.", and inserting in lieu thereof " SEC. 8.". (2) The table of contents of such article I is amended by adding at the end of the part of such table relating to title VI the following: "Sec. 8. Credit for property taxes accrued and payable by District of Columbia residents.".

Effective date. D.C. Code 471567g note. Supra.

Effective date. D.C. Code 471567g note. Ante, p. 1060. Ante, p. 1036.

(3) The amendments made by paragraphs (1) and (2) shall take effect on and after January 1, 1975. (c) Subsection (f) of section 8 of title VI of such article I (as redesignated by the amendment made by subsection (b)(1)) is amended by striking out "the first section of the Act of September 14, 1965 (D.C. Code, secs. 20-2101 and 20-2102), the claim shall not be allowed." and inserting in lieu thereof "sections 2101 and 2102 of title 20 of the District of Columbia Code, the claim shall not be allowed.". (d) Subsection (p) of such section 8 is amended by striking out "paragraph (1) " and inserting in lieu thereof "subsection (n)(l) ". (e) Subsection (s) of such section 8 is amended by striking out "section 7(a) of this title" and inserting in lieu thereof "subsection (a) of this section". (f) The amendments made by subsections (c), (d), and (e) shall take effect as provided in section 451 of that Act as if the sections (as amended) amended by such subsections had been included in Public Law 93-407 on the date of its enactment.

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STAT.]

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PUBLIC LAW 93-635-JAN. 3, 1975

SEC. 8. (a) Section 441 of the District of Columbia Eeal Property Tax Revision Act of 1974 is amended by striking out "(D.C. Code, sec. 47-801 (a)) " and inserting in lieu thereof "(D.C. Code, sec. 47-801a.)". (b) Section 473 of that Act is amended by striking out " (D.C. Code, sec. 47-2601 (a)(8)) " and inserthig in lieu thereof "(D.C. Code, sec. 47-2601.14(a)(8)) ". (c) Section 474(b) of that Act is amended by striking out "(D.C. Code, sec. 47-601)" and inserting in lieu thereof "(D.C. Code, sees. 47-301,47-601)". (d) Section 477 of that Act is amended by striking out "this Act" and inserting in lieu thereof "this title". (e) The amendments made by this section shall take effect on and after September 3 1974. SEC. 9. Effective June 30, 1975, section 5(a) of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47-708,47-709), and section 4 of the Act of July 3, 1926 (D.C. Code, sec. 47-713), are repealed. SEC. 10. (a) Subsection (f) of the Policemen and Firemen's Retirement and Disability Act (D.C. Code, sec. 4-521) is amended by striking out "basic salary at time of retirement" and inserting in lieu thereof "average pay". (b) The amendment made by subsection (a) shall apply with respect to any annuity which begins on or after July 1, 1975. SEC. 11. Effective on and after September 3, 1974, the amendment made by section 202(4) of the Teachers' Salary Act Amendments of 1974 to the schedule of pay rates in section 13(a) of the District of Columbia Teachers' Salary Act of 1955 is amended by striking out "9.61" in step 1 for Teachers in Adult Education Schools and inserting in lieu thereof "9.67". SEC. 12. The second sentence of section 301(a) of the District of Columbia Campaign Finance Reform and Conflict of Interest Act is amended to read as follows: "The Commissioner of the District of Columbia shall appoint, by and with the advice and consent of the Senate, the Director, except that on and after January 2, 1975, appointments to the Office of Director, including vacancies therein, shall be made by the Mayor, with the advice and consent of the Council. The Director shall serve for a term of four years, subject to removal for cause by the Commissioner or the Mayor, as the case may be, and may be reappointed for a like term or terms, with the advice and consent of the Council, except that in the case of the Director serving as such on January 1, 1975, such Director's term shall terminate upon the expiration of June 1, 1979, unless sooner so removed for cause. Any appointment to fill a vacancy in the Office of Director shall be for the unexpired portion of the term.". SEC. 13. (a) Section 5(e) of the District of Columbia Election Act (D.C. Code, sec. 1-1105) is amended by adding at the end thereof the following new sentences: "The Board, at the request of the Director of Campaign Finance, shall provide such employees, subject to the compensation provisions of this subsection, as requested to carry out the powers and duties of the Director. Employees so assigned to the Director shall, while so assigned, be under the direction and control of the Director.". (b) Section 5 of such Act is further amended by adding at the end thereof the following new subsection: " (g) The Board shall prescribe such regulations as may be necessary to insure that all persons responsible for the proper administration of this Act maintain a position of strict impartiality and refrain from any activity which would imply supyport of or opposition to (1) a candidate or group of candidates for office in the District of Columbia, or

Ante,

p. 1060.

Ante,

p. 1064.

Ante,

p. 1065.

Ante,

p. 1065.

Effective date. D.C. Code 47661 note. Repeals.

P o l i c e and firemen, disability retirement. D.C. Code 4526. Applicability. D.C. Code 4526 note. Adult education s c h o o l s, teachers, Ante, p. 1042. D.C. Code 311542. Director of Campaign Fin a n c e, term. Ante, p. 454. D.C. Code 11151.

Board of Elections and Ethicei.

Regulations.

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PUBLIC LAW 93-635-JAN. 3, 1975

[88 STAT.

Definitions.

(2) any political party or political committee. As used in this subsection, the terms 'office', 'political part;\^', and 'political committee' shall have the same meaning as that prescribed in section 102 of the District Ante, p. 447. of Columbia Campaign Finance Reform and Conflict of Interest Act". DT'COCI??* ^^^- '^^- (^^ Section 306(b)(2) of the Act of August 14, 1974, is 1156.' ° ^ " amended by deleting "chapter 5 of title 5, United States Code" and inserting "the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1501 et seq.)". Ante, p. 465. (b) Section 601(c) of the Act of August 14, 1974, is amended by inserting immediately before the period at the end thereof a comma and the following: "except for political contributions publicly reported Ante, p. 452. pursuant to sectJou 206 of this Act and transactions made in the ordinary course of business of the person offering or giving the thing of value". ings°" ^""'^" ^^^- ^^- (^). Section 431(a) of the District of Columbia Real Prop"^Ante, p. 1057. ©rty Tax Revision Act of 1974 is amended by deleting "historic property" and inserting in lieu thereof "historic buildings". (b) Section 431(b) of such Act is amended by deleting "historic property" and inserting "historic buildings". Ante, p. 1058. ((.) Section 432 of such Act is amended by deleting "property" wherever it appears therein and inserting in lieu thereof "buildings", (d) Section 433 of such Act is amended to read as follows: Ante, p. 1058. "SEC. 433. To be eligible for historic property tax relief, real property must be a historic building designated by the Joint Committee on Landmarks of the National Capital and, in addition, must be approved by the Commissioner under section 434.". Ante, p. 1058. (e) Section 434 of such Act is amended to read as follows: "SEC. 434. The Council may provide that the owners of historic buildings which have been so designated by the Joint Committee on Landmarks of the National Capital may enter into agreements with the government of the District of Columbia for periods of at least twenty years which will assure the continued maintenance of historic buildings in return for property tax relief. Such a provision shall, as a condition for tax relief, require reasonable assurance that such buildings will be used and properly maintained and such other conditions as the Council finds to be necessary to encourage the preservation of historic buildings. The Council shall also provide for the recovery of back taxes, with interest, which would have been due and payable in the absence of the exemption, if the conditions for such exemption are not fulfilled.". Repeal. gj,^, jg Section 4(a) of the Act entitled "An Act to amend the Controlled Substances Act to extend for three fiscal years the authorization of appropriations for the administration and enforcement of that Ante, p. 1455. XcV\ approved October 26, 1974 (Public Law 93-481), is amended by striking out "chapter 6" and inserting in lieu thereof "chapter 5". Public Service §^0. 17. Section 493(b) of the Act of December 24, 1973, is amended Commission, commissioners commissioners, D. D.C. Code 43201.

.

i

js n

to read a.s tollows: " (b) Paragraph 97(a) of section 8 of the Act of March 4, 1913 (making appropriations for the government of the District of Columbia) (D.C. Code,«ec. 43-201), is amended as follows: "(1) The first sentence of such paragraph is amended to read as follows: 'The Public Service Comrnission of the District of Columbia shall be composed of three commissioners appointed by the Mayor, by and with the advice and consent of the Council, except, that the members (other than the Commissioner of the District of Columbia) serving as commissioners of such Commission on January 1, 1975;, by virtue of their appointment by the President, by and with the advice and consent of the Senate, shall

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continue to serve until the expiration of the terms for which they were so appointed. The member first appointed by the Mayor, by and with the advice and consent of the Council, on or after January 2, 1975, shall serve until June 30, 1978.'. "^2^ The third sentence of such paragraph is repealed. Repeal. "(3) The sixth sentence of such paragraph is amended to read as follows: 'No Commissioner shall, during his term of office, hold any other public office.'. (4) The seventh sentence of such paragraph is amended by deleting 'The Commissioners of the District of Columbia' and inserting in lieu thereof 'The Mayor'. " (5) The eighth sentence of such paragraph is amended to read as follows: 'No person shall be eligible to the office of Commissioner of the Public Service Commission of the District of Columbia who has not been a bona fide resident of the District of Columbia for a period of at least three years next preceding his appointment or who has voted or claimed residence elsewhere during such period.' ". SEC. 18. (a) Section 103(a) of the Act of September 3, 1974 (77 ^"'^' P- I°38. Stat. 1036), relating to police and firemen's compensation, is amended by deleting "subsections (b) and (c) " and inserting in lieu thereof "subsections (b), (c), and (d) ". (b) Section 103(a) of such Act is further amended by adding at the end thereof the following: " (d) The amendment made by paragraph (4) of section 101 shall '^"^^' ^- ^°^^take effect on and after the first day of the first pay period beginning on or after June 1, 1974.". SEC. 19. Section 122 of the Act of September 3, 1974 (relating to ^^°,^^''^^^^^'^^ZTt' police and firemen's compensation), is amended by adding at the end ^nd Reiief^B^ani, thereof the following new subsection: membership. " (d) I n addition to the members and alternates of the Board desig"'^' ^' ^°'*^' nated by subsection (a) of this section, in all cases of retirement, disability, or other relief involving a member of the Executive Protective Service or a member of the United States Secret Service, who contribute to the Policemen and Firemen's Relief F u n d of the District of Columbia, a member and alternate of the Executive Protective Service or a member and alternate of the United States Secret Service, as designated by the Director, United States Secret Service, as appropriate shall sit as a member of the Police and Firemen's Retirement and Relief Board.". Approved January 3, 1975. Public Law 93-636 AN ACT

Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes.

January 3, 1975

[H. R. 17468]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following stJ!J,'^\'o'^^A^°"o sums are appropriated, out of any money in the Treasury not otherwise priationAct, 1975. appropriated, for the fiscal year ending June 30, 1975, for military construction functions administered by the Department of Defense, and for other purposes, namely:

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PUBLIC LAW 93-636-J AN. 3, 1975

[88 STAT.

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $656,825,000, to remain available until expended. MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $606,376,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $456,439,000, to remain available until expended. MILITARY CONSTRUCTION, DEFENSE AGENCIES

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $31,260,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation, Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 USC 2231.

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $59,000,000, to remain available until expended.

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MILITARY CONSTRUCTION, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $35,500,000, to remain available until expended.

lo use 2231.

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $43,700,000, to remain available until expended. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $22,135,000, to remain availal3le until expended. MILITARY CONSTRUCTION, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $16,000,000, to remain available until expended. FAMILY HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $1,245,790,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed the following amounts: For the Army: Construction, $122,500,000; For the Navy and Marine Corps: Construction, $127,275,000; For the Air Force: Construction, $60,500,000; For Department of Defense: Debt payment, $162,348,000; Operation, maintenance, $773,167,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended.

"^^ ^^'^ i594a.i.

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[88

STAT.

HOMEOWNERS ASSISTANCE F U N D, DEFENSE

42 USC 3374.

For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, as amended), $5,000,000. GENERAL PROVISIONS

Prior appropriations.

Construction c o s t s, expedition.

Service facilities.

Motor v e h i c l e s, hire. 31 USC 638f. Access roads, construction. 31 USC 700b.

New b a s e s.

Land purchase s or easements.

Foreign projects.

SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-third Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 108, No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 109. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.

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SEC. 110. None of the funds appropriated in this Act shall be used ^^ft'^il^J^s"""'"^ to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts: Provided, That funds in this Act may be available for family housing in accordance with section 502 of the Military Construction Authorization Act, 1975, excluding the costs of design and supervision, ^"'^' P- ^'^^'^• inspection and overhead. SEC. 111. Notwithstanding any other provision of law, funds available to the Department of Defense during the current fiscal year for the construction of family housing units may be used to purchase sole interest in privately owned and Federal Housing Commissioner held family housing units if the Secretary of Defense determines it is in the best interests of the Government to do so: Provided, That family housing units so purchased do not exceed annual Military Construction Authorization Act limitations on unit cost and numbers and are at the locations authorized: Provided further, That housing units so purchased are within the size limitations of title 10, United States Code, section 2684. This Act may be cited as the "Military (\)nsi ruction Appropriation ^^""^^ '''^^• Act, 1975". Approved January 3, 1975. Public Law 93-637 AN ACT

January 4, 1975

To provide minimum disclosure standard s for written consumer product warr a n t i e s; to define minimum Federal content standard s for such w a r r a n t i e s; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; and for other purposes.

1^^- ^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act may Magnuson-Mcss be cited as the "Magnuson-Moss Warranty—Federal Trade Commis- "^^"decolmislto, on sion Improvement Act". improvement Act. 15 USC 2301 note.

TITLE I—CONSUMER P R O D U C T W A R R A N T I E S DEFINITIONS

SEC. 101. For the purposes of this title: (1) The term "consumer product" means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). (2) The term "Commission" means the Federal Trade Commission.

^s use 2301.

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(3) The term "consumer" means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). (4) The term "supplier" means any person engaged in the business of making a consumer product directly or indirectly available to consumers. (5) The term "warrantor" means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. (6) The term "written warranty" means— (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product. (t) The term "implied warranty" means an implied warranty arising under State law (as modified by sections 108 and 104(a)) ^^ in connection with the sale by a supplier of a consumer product. (8) The term "service contract" means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product. (9) The term "reasonable and necessary maintenance" consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance. (10) The term "remedy" means whichever of the following actions the warrantor elects: (A) repair, (B) replacement, or (C) refund; except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.

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(11) The term "replacement" means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product. (12) The term "refund" means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission). (13) The term "distributed in commerce" means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce. (14) The term "commerce" means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (15) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term "State law" includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term "Federal law" excludes any State law. W A R R A N T Y PROVISIONS

SEC. 102. (a) I n order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others: (1) The clear identification of the names and addresses of the warrantors. (2) The identity of the party or parties to whom the warranty is extended. (3) The products or parts covered. (4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty—at whose expense—and for what period of time. (5) A statement of what the consumer must do and expenses he must bear. (6) Exceptions and exclusions from the terms of the warranty. (7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty. (8) Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be

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required to resort to such procedure before pursuing any legal remedies in the courts. (9) A brief, general description of the legal remedies available to the consumer. (10) The time at which the warrantor will perform any obligations under the warranty. (11) The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty. (12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty. (13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty. Availability ^\)^ (1)(A) The Commission shall prescribe rules requiring that prior o sa e. ^^^ tcrms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him. Information, ^g^ rpj^g Commission may prescribe I'ules for determining the manner and form in which information with respect to any written warranty of a consumer product shall ~be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. (2) Nothing in this title (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumerproduct or any of its components be warranted. Time extension. (^3^ ^]^p Commission may prescribe rules for extending the period of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract). Conditions. (c) No Warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if— (1) the wari-antor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and (2) the Commission finds that such a waiver is in the public interest. Publication in ^lic Comuilssiou sluill ideutifv in the Federal Register, and permit Federal Register. public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.

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(d) The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties. (e) The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5. DESIGNATION OF WARRANTIES

SEC. 103. (a) Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section: (1) If the written warranty meets the Federal minimum standards for warranty set forth in section 104 of this Act, then it shall be conspicuously designated a "full (statement of duration) warranty". (2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 104 of this Act then it shall be conspicuously designated a "limited warranty". (b) Sections 102, 103, and 104 shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations. (c) In addition to exercising the authority pertaining to disclosure granted in section 102 of this Act, the Commission may by rule determine when a written warranty does not have to be designated either "full (statement of duration)" or "limited" in accordance with this section. (d) The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated "full (statement of duration) warranties".

^^ ^^^ 2303.

"f^n warranty."

" L i m i t e d warranty. "

FEDERAL MINIMUM STANDARDS FOR AVARRANTY

SE(\ 104. (a) In order for a warrantor warranting a consumer product by means of a written wari-anty to meet the Federal minimum standards for warranty— (1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty; (2) notwithstanding section 108(b), such warrantor may not impose any limitation on the duration of any implied warranty on the product; (3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and (4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.

is use 2304.

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(b)(1) In fulfilling the duties under subsection (a) respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable. (2) Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a), that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a recpiirement would not be practicable. (3) The Commission may, by rule define in detail the duties set forth in section 104(a) of this Act and the applicability of such duties to warrantors of different categories of consumer products with "full (statement of duration)" warranties. (4) The duties under subsection (a) extend from the warrantor to each person who is a consumer with respect to the consumer product. (c) The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance). ((J) For purposes of this section and of section 102(c), the term "without charge" means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor. (e) If a supplier designates a warranty applicable to a consumer product as a "full (statement of duration)" warranty, then the warranty on such product shall, for purposes of any action under section 110(d) or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section. FULL AND LIMITED WARRANTING} OF A CONSUMER rRODUCT

15 USC 2305.

gEc, 105. Nothing in this title shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. SERVICE CONTRACTS

15 USC 2306.

SEQ^ 106. (a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed. (b) Nothing in this title shall be construed to prevent a supplier or warrantor from entering: into a service contract with the consumer

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in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language. DESIGNATION OF REPRESENTATIVES

SEC. 107. Nothing in this title shall be construed to prevent any warrantor from designating representatives to perform duties under the written or implied warranty: Provided, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a cowarrantor. L I M I T A T I O N ON DISCLAIMER OF I M P L I E D

WARRANTIES

SEC. 108. (a) No supplier may disclaim or modify (except as provided in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product. (b) For purposes of this title (other than section 1 0 4 (a)(2)), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty. (c) A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this title and State law. COMMISSION

is use 2307.

is use 2308.

RULES

SEC. 109. (a) Any rule prescribed under this title shall be prescribed in accordance with section 553 of title 5, United States Code; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 18(e) of the Federal Trade Commission Act (as amended by section 202 of this Act) in the same manner as rules prescribed under section 18(a)(1) (B) of such Act, except that section 18(e)(3)(B) of such Act shall not apply. (b) The Commission shall initiate within one year after the date of enactment of this Act a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this title, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this title, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.

i^ u^*^ 2309.

^"'^' P- ^ilised motor hides.

REMEDIES

SEC. 110. (a)(1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.

Informal disi ^^^ settlement "15 USC 2'3io.^

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(2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this title applies. Such rules shall provide for participation in such procedure by independent or governmental entities. (3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission's rules under paragraph (2). If— (A) a warrantor establishes such a procedure, (B) such procedure, and its implementation, meets the requirements of such rules, and (C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection (d) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Eules of 28 USC app. Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence. Review of dis^4) "pj^g Commlsslou on its own initiative may, or upon written procedures!"'^" complalut filcd by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this title or any otherprovision of law. (5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer wari-anties, but in any action under subsection (d), the court may invalidate any such procedure if it finds that such procedure is unfair. (b) It shall be a violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 4 5 (a)(1)) for any person to fail to comply with any requirement imposed on such person by this title (or a rule thereunder) or to violate any prohibition contained in this title (or a rule thereunder). foremen"/''"' (c)(1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person by or pursuant to this title or from violating any prohibition contained in this title. Upon proper showing that, weighing the equities and considering the Commission's or Attorney Creneral's likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an

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action brought by the Commission, if a complaint mider section 5 of the Federal Trade Commission Act is not filed within such period is use 45. (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district. (2) For the purposes of this subsection, the term "deceptive war- "Deceptive warranty" means (A) a written warranty which (i) contains an affirma- ""'^' tion, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or (B) a written warranty created by the use of such terms as "guaranty" or "warranty", if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual. (d)(1) Subject to subsections (a)(3) and (e), a consumer who is '^'^'''•^ ^"^*damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this title, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief— (A) in any court of competent jurisdiction in any State or the District of Columbia; or (B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection. (2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys' fees would be inappropriate. (3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection— (A) if the amount in controversy of any individual claim is less than the sum or value of $25; (B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or (C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred. (e) No action (other than a class action or an action respecting a warranty to which subsection (a)(3) applies) may be brought under subsection (d) for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) applies) brought

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[88 STAT.

under subsection (d) for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. I n the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure, (f) For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person. E F F E C T ON OTHER LAWS

15 USC 2311.

gj,Q_ i]^]^2. (a)(1) Nothing contained in this title shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act. (2) Nothing in this title shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551-1611) and nothing in this title shall apply to seed for planting. (b)(1) Nothing in this title shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law. (2) Nothing in this title (other than sections 108 and 104(a)(2) and (4)) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury. (c)(1) Except as provided in subsection (b) and in paragraph (2) of this subsection, a State requirement— (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder; (B) which is within the scope of an applicable requirement of sections 102, 103, and 104 (and rules implementing such sections), and (C) which is not identical to a requirement of section 102, 103, or 104 (or a rule thereunder), shall not be applicable to written Avarranties complying with such sections (or rules thereunder). (2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 109) that any requirement of such State covering any transaction to which this title applies (A) affords protection to consumers greatev than the requirements of this title and (B) does not unduly burden interstate commerce, then such State requirement shall be a]3plicablc (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers^ and enforces effectively any such greater requirement. (d) This title (other than section 102(c)) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this title. EFFECTIVE

15 USC 2312.

DATE

S^f.. 112. (a) Except as provided in subsection (b) of this section, this title shall take effect 6 months after the date of its enactment but shall not apply to consumer products manufactured prior to such date.

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(b) Section 102(a) shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this title. (c) The Commission shall promulgate rules for initial implementation of this title as soon as possible after the date of enactment of this Act but in no event later than one year after such date.

2193

^^"1^^.

TITLE II — FEDERAL TRADE COMMISSION IMPROVEMENTS JURISDICTION OV COMMISSION

SEC. 201. (a) Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by striking out '4n commerce" wherever it appears and inserting in lieu thereof "in or affecting commerce". (b) Subsections (a) and (b) of section 6 of the Federal Trade Commission Act (15 U.S.C. 46(a), (b)) are each amended by striking out "in commerce" and inserting in lieu thereof "in or whose business affects commerce". (c) Section 12 of the Federal Trade Commission Act (15 U.S.C. 52) is amended by striking out "in commerce" wherever it appears and inserting in lieu thereof in subsection (a) "in or having an effect upon commerce," and in lieu thereof in subsection (b) "in or affecting commerce". RULEMAKING

SEC. 202. (a) The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by redesignating section 18 as section 21, and inserting after section 17 the following new section: "SEC. 18. (a)(1) The Commission may prescribe— " (A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1) of this Act), and " (B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of such section 5(a)(1)). Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices. "(2) The Commission shall have no authority under this Act, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce. "(b) When prescribing a rule under subsection (a)(1)(B) of this section, the Commission shall proceed in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), and shall also (1) publish a notice of proposed rulemaking stating with particularity the reason for the proposed rule; (2) allow interested persons to submit written data, views, and arguments, and make all such submissions publicly available; (3) provide an opportunity for an informal hearing in accordance with subsection (c); and (4) promul-

15 USC 58. 15 USC 57a.

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cedure""^ P*"""

R^ies.

statement of pose! re"qufrel" ments.

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gate, if appropriate, a final rule based on the matter in the rulemaking record (as defined in subsection (e)(1)(B)), together with a statement of basis and purpose. "(c) The Commission shall conduct any informal hearings required by subsection (b)(3) of this section in accordance with the following procedure: "(1) Subject to paragraph (2) of this subsection, an interested person is entitled— " (A) to present his position orally or by documentary submissions (or both), and " (B) if the Commission determines that there are disputed issues of material fact it is necessary to resolve, to present such rebuttal submissions and to conduct (or have conducted under paragraph (2)(B)) such cross-examination of persons as the Commission determines (i) to be appropriate, and (ii) to be required for a full and true disclosure with respect to such issues. "(2) The Commission may prescribe such rules and make such rulings concerning proceedings in such hearings as may tend to avoid unnecessary costs or delay. Such rules or rulings may include (A) imposition of reasonable time limits on each interested person's oral presentations, and (B) requirements that any cross-examination to which a person may be entitled under paragraph (1) be conducted by the Commission on behalf of that person in such manner as the Commission determines (i) to be appropriate, and (ii) to be required for a full and true disclosure with respect to disputed issues of material fact. "(3)(A) Except as provided in subparagraph (B), if a group of persons each of whom under paragraphs (1) and (2) would be entitled to conduct (or have conducted) cross-examination and who are determined by the Commission to have the same or similar interests in the proceeding cannot agree upon a single representative of such interests for purposes of cross-examination, the Commission may make rules and rulings (i) limiting the representation of such interest, for such purposes, and (ii) governing the manner in which such cross-examination shall be limited. " (B) When any person who is a member of a group with respect to which the Commission has made a determination under subparagraph (A) is unable to agree upon group representation with the other members of the group, then such person shall not be denied under the authority of subparagraph (A) the opportunity to conduct (or have conducted) cross-examination as to issues affecting his particular interests if (i) he satisfies the Commission that he has made a reasonable and good faith effort to reach agreement upon group representation with the other members of the group and (ii) the Commission determines that there are substantial and relevant issues which are not adequately presented by the group representative. "(4) A verbatim transcript shall be taken of any oral presentation, and cross-examination, in an informal hearing to which this subsection applies. Such transcript shall be available to the public. " (d)(1) The Commlsslou's statement of basis and purpose to accomPHy a Tule promulgatcd under subsection (a)(1)(B) shall include (A) a Statement as to the prevalence of the acts or practices treated by the rule; (B) a statement as to the manner and context in which such acts or practices are unfair or deceptive; and (C) a statement as to the economic effect of the rule, taking into account the effect on small business and consumers.

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"(2)(A) The term 'Commission' as used in this subsection and "commission." subsections (b) and (c) includes any person authorized to act in behalf of the Commission in any part of the rulemaking proceeding. " (B) A substantive amendment to, or repeal of, a rule promulgated under subsection (a)(1)(B) shall be prescribed, and subject to judicial review, in the same manner as a rule prescribed under such subsection. An exemption under subsection (g) shall not be treated as an amendment or repeal of a rule. "(3) When any rule under subsection (a)(1)(B) takes effect a subsequent violation thereof shall constitute an unfair or deceptive act or practice in violation of section 5(a)(1) of this Act, unless the Commission otherwise expressly provides in such rule. " (e)(1)(A) Not later than 60 days after a rule is promulgated Judicial review. under subsection (a)(1)(B) by the Commission, any interested person (including a consumer or consumer organization) may file a petition, in the United States Court of Appeals for the District of Columbia circuit or for the circuit in which such person resides or has his principal place of business, for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The provisions of section 2112 of title 28, United States Code, shall apply to the filing of the rulemaking record of proceedings on which the Commission based its rule and to the transfer of proceedings in the courts of appeals. " (B) For purposes of this section, the term 'rulemaking record' reco^d!""^'*''"^ means the rule, its statement of basis and purpose, the transcript required by subsection (c)(4), any written submissions, and any other information which the Commission considers relevant to such rule. "(2) If the petitioner or the Commission applies to the court for leave to make additional oral submissions or written presentations and shows to the satisfaction of the court that such submissions and presentations would be material and that there were reasonable grounds for the submissions and failure to make such submissions and presentations in the proceeding before the Commission, the court may order the Commission to provide additional opportunity to make such submissions and presentations. The Commission may modify or set aside its rule or make a new rule by reason of the additional submissions and presentations and shall file such modified or new rule, and the rule's statement of basis of purpose, with the return of such submissions and presentations. The court shall thereafter review such new or modified rule. "(3) Upon the filing of the petition under paragraph (1) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant ^ use voi. appropriate relief, including interim relief, as provided in such chapter. The court shall hold unlawful and set aside the rule on any ground specified in subparagraphs (A), (B), (C), or (D) of section 706(2) of title 5, United States Code (taking due account of the rule of prejudicial error), or if— " (A) the court finds that the Commission's action is not supported by substantial evidence in the rulemaking record (as defined in paragraph (1)(B) of this subsection) taken as a whole, or " (B) the court finds that— "(i) a Commission determination under subsection (c) that the petitioner is not entitled to conduct cross-examination or make rebuttal submissions, or

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"(ii) a Commission rule or ruling under subsection (c) limiting the petitioner's cross-examination or rebuttal submissions, has precluded disclosure of disputed material facts which was necessary for fair determination by the Commission of the rulemaking proceeding taken as a whole. "Evidence." rj^^iQ term 'evideucc', as used in this paragraph, means any matter in the rulemaking record. "(4) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. "(5)(A) Remedies under the preceding paragraphs of this subsection are in addition to and not in lieu of any other remedies provided by law. " (B) The United States Courts of Appeal shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) of a rule prescribed under subsection (a)(1) (B), if any district court of the United States would have had jurisdiction of such action but for this subparagraph. Any such action shall be brought in the United States Court of Appeals for the District of Columbia circuit, or for any circuit which includes a judicial district in which the action could have been brought but for this subparagraph. " (C) A determination, rule, or ruling of the Commission described in paragraph (3)(B)(i) or (ii) may be reviewed only in a proceeding under this subsection and only in accordance with paragraph (3)(B). Section 706(2)(E) of title 5, United States Code, shall not apply to any rule promulgated under subsection (a)(1)(B). The contents and adequacy of any statement required by subsection (b)(4) shall not be subject to judicial review in any respect. B^ni's" (f)(1) In order to prevent unfair or deceptive acts or practices in or affecting commerce (including acts or practices which are unfair or deceptive to consumers) by banks, each agency specified in paragraph (2) of this subsection shall establish a separate division of consumer affairs which shall receive and take appropriate action upon complaints with respect to such acts or practices by banks subject Regulations. to Its jurisdiction. The Board of Governors of the Federal Reserve System shall prescribe regulations to carry out the purposes of this section, including regulations defining with specificity such unfair or deceptive acts or practices, and containing requirements prescribed for the purpose of preventing such acts or practices. Whenever the Commission prescribes a rule under subsection (a)(1)(B) of this section, then within 60 days after such rule takes effect such Board shall promulgate substantially similar regulations prohibiting acts or practices of banks which are substantially similar to those prohibited by rules of the Commission and which impose substantially similar requirements, unless such Board finds that (A) such acts or practices of banks are not unfair or deceptive, or (B) that implementation of similar regulations with respect to banks would seriously conflict with essential monetary and payments systems policies of the Publication m^ j^Q^rd^ aud publishcs any such finding, and the reasons therefor, in Federal Register. the Federal Register. "(2) Compliance with regulations prescribed under this subsection shall be enforced under section 8 of the Federal Deposit Insurance 12 USC 1818. Act, in the case of— " (A) national banks and banks operating under the code of law for the District of Columbia, by the division of consumer affairs established by the Comptroller of the Currency;

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" (B) member banks of the Federal Eeserve System (other than banks referred to in subparagraph (A)) by the division of consumer affairs established by the Board of Governors of the Federal Reserve System; and " (C) banks insured by the Federal Deposit Insurance Corporation (other than banks referred to in subparagraph (A) or (B)), by the division of consumer affairs established by the Board of Directors of the Federal Deposit Insurance Corporation. "(3) For the purpose of the exercise by any agency referred to in paragraph (2) of its powers under any Act referred to in that paragraph, a violation of any regulation prescribed under this subsection shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (2), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with any regulation prescribed under this subsection, any other authority conferred on it by law. "(4) The authority of the Board of Governors of the Federal Reserve System to issue regulations under this subsection does not impair the authority of any other agency designated in this subsection to make rules respecting its own procedures in enforcing compliance with regulations prescribed under this subsection. "(5) Each agency exercising authority under this subsection shall r^ss"*"''° '^°"' transmit to the Congress not later than March 15 of each year a detailed report on its activities under this paragraph during the preceding calendar year. " (g)(1) Any person to whom a rule under subsection (a)(1)(B) Exemptions. of this section applies may petition the Commission for an exemption from such rule. "(2) If, on its own motion or on the basis of a petition under paragraph (1), the Commission finds that the application of a rule prescribed under subsection (a)(1)(B) to any person or class or persons is not necessary to prevent the unfair or deceptive act or practice to which the rule relates, the Commission may exempt such person or class from all or part of such rule. Section 553 of title 5, United States Code, shall apply to action under this paragraph. "(3) Neither the pendency of a proceeding under this subsection respecting an exemption from a rule, nor the pendency of judicial proceedings to review the Commission's action or failure to act under this subsection, shall stay the applicability of such rule under subsection (a)(1)(B). " (h)(1) The Commission may, pursuant to rules prescribed by it, compensation. provide compensation for reasonable attorneys fees, expert witness fees, and other costs of participating in a rulemaking proceeding under this section to any person (A) who has, or represents, an interest (i) which would not otherwise be adequately represented in such proceeding, and (ii) representation of which is necessary for a fair determination of the rulemaking proceeding taken as a whole, and (B) who is unable effectively to participate in such proceeding because such person cannot afford to pay costs of making oral presentations, conducting cross-examination, and making rebuttal submissions in such proceeding. "(2) The aggregate amount of compensation paid under this subsection in any fiscal year to all persons who, in rulemaking proceedings in which they receive compensation, are persons who either (A) would be regulated by the proposed rule, or (B) represent persons who would

38-194 O - 76 - 56 Pt. 2

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 INTRODUCTION

HISTORY OF INVESTIGATIONS UPON THE EURYPTERIDS OF NEW YORK AND ADJOINING TERRITORY

The Siluric rocks of New York are, of all countries of the world, the richest in eurypterids. The first example ever described was obtained here. The specimen was found in Westmoreland, Oneida co., and was regarded by Dr S. L. Mitchill [1818] as a fossil fish of the genus Silurus, an error obviously induced by the peculiar catfishlike aspect of the carapace. In 1825, James E. DeKay,  the distinguished zoologist of the Natural History Survey, recognized the arthropod nature of this fossil. He erected for it the genus, and termed the species , considering it as a crustacean of the order Branchiopoda,  , among others, as a recent form probably of near relation to it and suggesting that Eurypterus may be a connecting link between the trilobites and recent Branchiopoda.

In 1835, Dr Richard Harlan described the, the predominant species in the Siluric waterlime at Buffalo, and next in abundance to.

These descriptions preceded those of European species by a considerable interval; hence they were frequently copied into early 13


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be so regulated, may not exceed 25 percent of the aggregate amount paid as compensation under this subsection to all persons in such fiscal year. "(3) The aggregate amount of compensation paid to all persons in any fiscal year under this subsection may not exceed $1,000,000." (b) Section 6(g) of the Federal Trade Commission Act (15 U.S.C. 46(g)) is amended by inserting "(except as provided in section 18 (a)(2) of this Act) " before "to make rules and regulations". 15 USC S7a (c)(1) The amendments made by subsections (a) and (b) of this note. section shall not affect the validity of any rule which was promulgated under section 6(g) of the Federal Trade Commission Act prior to the date of enactment of this section. Any proposed rule under section 6(g) of such Act with respect to which presentation of data, views, and arguments was substantially completed before such date may be promulgated in the same manner and with the same validity as such rule could have been promulgated had this section not been enacted. (2) If a rule described in paragraph (1) of this subsection is valid Ante, p. 2 193. ^ud if section 18 of the Federal Trade Commission Act would have applied to such rule had such rule been promulgated after the date of enactment of this Act, any substantive change in the rule after it has been promulgated shall be made in accordance with such section 18. note ^^^ ^^"^ (d) The Federal Trade Commission and the Administrative Constudy and evai- fercncc of the United States shall each conduct a study and evaluation "^'^°"of the rulemaking procedures under section 18 of the Federal Trade Report to Con- Commission Act and each shall submit a report of its study (including gres s. any legislative recommendations) to the Congress not later than 18 months after the date of enactment of this Act. INVESTIGATIVE

AITTIIORITY

SEC. 203. (a)(1) Section 6(a) of the Federal Trade Commission Act (15 U.S.C. 46(a)) is amended by striking out "corporation" and inserting "person, partnership, or corporation"; and by striking out "corporations and to individuals, associations, and partnerships", and inserting in lieu thereof "persons, partnerships, and corporations". (2) Section 6(b) of such Act is amended by striking out "corporations" where it first appears and inserting in lieu thereof "persons, partnerships, and corporations,"; and by striking out "respective corporations" and inserting in lieu thereof "respective persons, partnerships, and corporations". (3) The proviso at the end of section 6 of such Act is amended by striking out "any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations," and inserting in lieu thereof "any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations,". (b)(1) The first paragraph of section 9 of such Act (15 U.S.C. 49) is amended by striking out "corporation" where it first appears and inserting in lieu thereof "person, partnership, or corporation". (2) The third paragraph of section 9 of such Act is amended by striking out "corporation or other person" both places where it appears and inserting in each such place "person, partnership, or corporation". (3) The fourth paragraph of section 9 of such Act is amended by striking out "person or corporation" and inserting in lieu thereof "person, partnership, or corporation".

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(c)(1) The second paragraph of section 10 (15 U.S.C. 50) of such Act is amended by striking out "corporation" each place where it appears and inserting in lieu thereof in each such place "person, partnership, or corporation". (2) The third paragraph of section 10 of such Act is amended by striking out "corporation" where it first appears and inserting in lieu thereof "persons, partnership, or corporation"; and by striking out "in the district where the corporation has its principal office or in any district in which it shall do business" and inserting in lieu thereof "in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business". REPRESENTATION

SEC. 204. (a) Section 16 of the Federal Trade Commission Act is amended to read as follows: "SEC. 16. (a)(1) Except as otherwise provided in paragraph (2) or (3), if— " (A) before commencing, defending, or intervening in, any civil action involving this Act (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and " (B) the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action; the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. "(2) Except as otherwise provided in paragraph (3), in any civil action— " (A) under section 13 of this Act (relating to injunctive relief); " (B) under section 19 of this Act (relating to consumer redress); " (C) to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under section 5 of this Act; or " (D) under the second paragraph of section 9 of this Act (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 6 of this Act); the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law. " (3)(A) If the Commission makes a written request to the Attorney General, within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the Commission

15 USC 56.

is use 53. ^o^*- P- 2201.

15 USC 45. is use 49.

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represented itself pursuant to paragraph (1) or (2), to represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in such action, it may do so, if— "(i) the Attorney General concurs with such request; or begins on the date of the entry of such judgment— " (a) refuses to appeal or file a petition for writ of certiorari with respect to such civil action, in which case he shall give written notification to the Commission of the reasons for such refusal within such 60-day period; or "(b) the Attorney General fails to take any action with respect to the Commission's request. " (B) In any case where the Attorney General represents the Commission before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2), the Attorney General may not agree to any settlement, compromise, or dismissal of such action, or confess error in the Supreme Court with respect to such action, unless the Commission concurs. "Attorney Gen"(C) For purposes of thls paragraph (with respect to representation before the Supreme Court), the term 'Attorney General' includes the Solicitor General. "(4) If, prior to the expiration of the 45-day period specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have onehalf of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of commencing, defending, or intervening in the civil action pursuant to paragraph (1) or for the purpose of refusing to appeal or file a petition for writ of certiorari and the written notification or failing to take any action pursuant to paragraph 3(A) (ii). "(5) The provisions of this subsection shall apply notwithstanding 28 USC 501. chapter 31 of title 28, United States Code, or any other provision of law. "(b) Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this Act, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought." IS use 45. (^i^) Section 5(m) of such Act is repealed. 15 USC 56 note. (^Q) Xhc amendment and repeal made by this section shall not apply to any civil action commenced before the date of enactment of this Act. CIVIL P E N A L T I E S FOR K NOW I N G
 * '(ii) the Attorney General, within the 60-day period which

VIOLATIONS

SEC. 205. (a) Section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after subsection (1) the following new subsection: " (m)(l)(A) The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which violates any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of

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subsection (a)(1)) with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. " (B) If the Commission determines in a proceeding under subsection (b) that any act or practice is unfair or deceptive, and issues a final cease and desist order with respect to such act or practice, then the Commission may commence a civil action to obtain a civil penalty in a district court of the United States against any person, partnership, or corporation which engages in such act or practice— "(1) after such cease and desist order becomes final (whether or not such person, partnership, or corporation was subject to such cease and desist order), and "(2) with actual knowledge that such act or practice is unfair or deceptive and is unlawful under subsection (a)(1) of this section. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. " (C) In the case of a violation through continuing failure to comply with a rule or with section 5(a)(1), each day of continuance of such failure shall be treated as a separate violation, for purposes of subparagraphs (A) and (B). In determining the amount of such a civil penalty, the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. "(2) If the cease and desist order establishing that the act or practice is unfair or deceptive was not issued against the defendant in a civil penalty action under paragraph (1)(B) the issues of fact in such action against such defendant shall be tried de novo. "(3) The Commission may compromise or settle any action for a civil penalty if such compromise or settlement is accompanied by a public statement of its reasons and is approved by the court." (b) The amendment made by subsection (a) of this section shall not apply to any violation, act, or practice to the extent that such violation, act, or practice occurred before the date of enactment of this Act.

2201

^^ ^^^ '^^ "°'^-

CONSUMER REDRESS

SEC. 206. (a) The Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after section 18 the following new section: "SEC. 19. (a)(1) If any person, partnership, or corporation violates any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule, or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of section 5(a)), then the Commission may commence a civil action against such person, partnership, or corporation for relief under subsection (b) in a United States district court or in any court of competent jurisdiction of a State. "(2) If any person, partnership, or corporation engages in any unfair or deceptive act or practice (within the meaning of section 5 (a)(1)) with respect to which the Commission has issued a final cease and desist order which is applicable to such person, partnership), or corporation, then the Commission may commence a civil action against such person, partnership, or corporation in a United States district court or in any court of competent jurisdiction of a State. If the Commission satisfies the court that the act or practice to which the cease and desist order relates is one which a reasonable man would

^^ use 57b.

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