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Page:United States Statutes at Large Volume 90 Part 1.djvu/539

 PUBLIC LAW 94-283—MAY 11, 1976 of 16 cents multiplied by the voting age population of the State (as certified under subsection (e)), or $200,000; or " (B) $20,000,000 in the case of a campaign for election to such office. "(2) For purposes of this subsection— "(A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party for election to the office of President of the United States; and "(B) an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by— "(i) an authorized committee or any other agent of the candidate for purposes of making any expenditure; or "(ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure. "(c)(1) At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register the percent difference between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each limitation established by subsection (b) and subsection (d) shall be increased by such percent difference. Each amount so increased shall be the amount in effect for such calendar year. "(2) For purposes of paragraph (1) — " (A) the term 'price index' means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and "(B) the term 'base period' means the calendar year 1974. "(d)(1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. "(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaicrn committee of a candidate for the office of President of the United States. "(3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— "(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of—

90 STAT. 489

Publication in Federal Register.

"Price index."

"Base period."

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Page:United States Statutes at Large Volume 90 Part 1.djvu/540

 90 STAT. 490

Voting age population estimates, certification and publication in Federal Register. "Voting age population."

Rules.

PUBLIC LAW 94-283—MAY 11, 1976 " (i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e)); or "(ii) $20,000; and "(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. "(e) During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term 'voting age population' means resident population, 18 years of age or older, "(f) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall Icnowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. " (g) The Commission shall prescribe rules under which any expenditure by a candidate for presidential nominations for use in 2 or more States shall be attributed to such candidate's expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure. "(h) Notwithstanding any other provision of this Act, amounts totaling not more than $17,500 may be contributed to a candidate for nomination for election, or for election, to the United States Senate during the year in which an election is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees. "CONTRIBUTIONS OR EXPENDITURES BY NATIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZATIONS

2 USC 441b.

"Labor organization."

"SEC. 321. (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. "(b)(1) For the purposes of this section the term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/541

 '^mm*^'

PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 491

which exists for the purpose, in whole of in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. "(2) For purposes of this section and section 12(h) of the Public "Contribution or Utility Holding Company Act (15 U.S.C. 791(h)), the term 'contribu- expenditure." tion or expenditure' shall include any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section, but shall not include (A) communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families; and (C) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. "(3) Itshall beunlawful— "(A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction; "(B) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and "(C) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. "(4)(A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful— "(i) for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and "(ii) for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families. "(B) it shall not be unlawful under this section for a corporation, a labor organization, or a separate segregated fund established by such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be

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Page:United States Statutes at Large Volume 90 Part 1.djvu/542

 90 STAT. 492

"Executive or administrative personnel."

PUBLIC LAW 94-283—MAY 11, 1976 S designed that the corporation, labor organization, or separate segreO gated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as a result of such solicitation and who does not make such a contribution. "(C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock. "(D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year. "(5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor organizations with regard to their members. "(6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating the making of voluntary contributions, shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for such corporation, its subsidiaries, branches, divisions, and affiliates. "(7) For purposes of this section, the term 'executive or administrative personnel' means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional, or supervisory responsibilities. "CONTRIBUTIONS BY GOVERNMENT CONTRACTORS

2 USC 441c.

J

"SEC. 322. (a) It shall be unlawful for any person— " (1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/543

 PUBLIC LAW 9 4 - 2 8 3 — M A Y 11, 1976 " (2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. " (b) This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate segregated fund by any corporation, labor organization, membership organization, cooperative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 321 prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. E a c h specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate segregated fund under section 321 applies to a corporation, labor organization, or separate segregated fund to which this subsection applies. " (c) For purposes of this section, the term ' labor organization ' has the meaning given it by section 3 2 1 (b)(1).

90 STAT. 4 9 3

/ ''

"PUBLICATION OR DISTRIBUTION OF POLITICAL STATEMENTS

" SEC. 323. Whenever any person makes an expenditure for the pur- 2 USC 441d. pose of financing communications expressly advocating the election or defeat of a clearly identified candidate through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, such communication— " (1) if authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication has been authorized; or " (2) if not authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication is not authorized by any candidate, and state the name of the person who made or financed the expenditure for the communication, including, in the case of a political committee, the name of any affiliated or connected organization required to be disclosed under section 303(b)(2). 2 USC 433. "CONTRIBUTIONS BY FOREIGN NATIONALS

" SEC. 324. (a) I t shall be unlawful for a foreign national directly 2 USC 441e. or through any other person to make any contribution of money or other t h i n g of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any p r i m a r y election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national. " (b) A s used in this section, the term 'foreign national' means— "Foreign " (1) a foreign principal, as such term is defined by section 1(b) national." of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 (b)), except that the term 'foreign national' shall not include any individual who is a citizen of the United States; or " (2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101 (a) ( 2 0)).

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Page:United States Statutes at Large Volume 90 Part 1.djvu/544

 90 STAT. 494

PUBLIC LAW 94-283—MAY 11, 1976 ((PROHIBITION

2 USC 441f.

"SEC. 325. No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. ii

2 USC 441g.

= ^

LIMITATION ON CONTRIBUTION OF CURRENCY

"SEC. 326. No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. li

2 USC 441h.

OF CONTRIBUTIONS I N NAME OF ANOTHER

FRAUDULENT MISREPRESENTATION

OF CAMPAIGN

AUTHORITY

"SEC. 327. No person who is a candidate for Federal office or an employee or agent of such a candidate shall— "(1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or "(2) Avillfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1). "ACCEPTANCE OF EXCESSIVE HONORARIUMS

2 USC 441i.

.J; K..

"SEC. 328. No person while an elected or appointed officer or employee of any branch of the Federal Government shall accept— "(1) any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his spouse or an aide to such person, and excluding amounts paid or incurred for any agents' fees or commissions) for any appearance, speech, or article; or "(2) honorariums (not prohibited by paragraph (1) of this section) aggregating more than $25,000 in any calendar year. "PENALTY FOR VIOLATIONS

2 USC 441j.

"SEC. 329. (a) Any person, following the date of the enactment of this section, who knowingly and willfully commits a violation of any provision or provisions of this Act which involves the making, receiving, or reporting of any contribution or expenditure having a value in the aggregate of $1,000 or more during a calendar year shall be fined in an amount which does not exceed the greater of $25,000 or 300 percent of the amount of any contribution or expenditure involved in such violation, imprisoned for not more than 1 year, or both. I n the case of a knowing and willful violation of section 321(b)(3), including such a violation of the provisions of such section as applicable through section 322(b), of section 325, or of section 326, the penalties set forth in this section shall apply to a violation involving an amount having a value in the aggregate of $250 or more during a calendar year. I n the case of a knowing and willful violation of section 327, the penalties set forth in this section shall apply without regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,0(X) or more is involved.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/545

 PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 495

"(b) A defendant in any criminal action brought for the violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, may introduce as evidence of 26 USC 9001, his lack of knowledge of or intent to commit the offense for which the 9031. action was brought a conciliation agreement entered into between the defendant and the Commission under section 313 which specifically Ante, p. 483. deals with the act or failure to act constituting such offense and which is still in effect. "(c) In any criminal action brought for a violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court before which such action is brought shall take into account, in weighing the seriousness of the offense and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— "(1) the specific act or failure to act which constitutes the offense for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under section 313; " (2) the conciliation agreement is in effect; and "(3) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement.". AUTHORIZATION' OP APPROPRIATIONS

SEC. 113. Section 319 of the Act (2 U.S.C. 439c), as redesignated by section 105, is amended by adding at the end thereof the following sentence: "There are authorized to be appropriated to the Commission $6,000,000 for the fiscal year ending June 30.1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $6,000,000 for the fiscal year ending September 30, 1977.". SAVINGS PROVISION

SEC. 114. Except as otherwise provided by this Act, the repeal by this Act of any section or penalty shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under such section or penalty, and such section or penalty shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability.

2 USC 441 note,

TECHNICAL AND CONFORMING AMENDMENTS

SEC. 115. (a) Section 306(d) of the Act (2 U.S.C. 436(d)) is amended by inserting immediately after "304(a)(1)(C)," the following: "304(c),". (b) Section 310(a)(7) of the Act (2 U.S.C. 437d(a)(7)), as redesignated by section 105, is amended by striking out "313" and inserting in lieu thereof "312". (c)(1) Section 9002(3) of the Internal Revenue Code of 1954 (defin- 26 USC 9002. ing Commission) is amended by striking out "310(a)(1)" and inserting in lieu thereof "309 (a)(1)". (2) Section 9032(3) of the Internal Revenue Code of 1954 (defining 26 USC 9032 Commission) is amended by striking out "310(a)(1)" and inserting in lieu thereof "309 (a)(1)". (d)(1) Section 301(e)(5)(F) of the Act (2 U.S.C. 431(e)(5)(F)) is amended by striking out "the last paragraph of section 610 of title 18, United States Code" and inserting in lieu thereof "section 321(b) ".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/546

 90 STAT. 496

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PUBLIC LAW 94-283—MAY 11, 1976 (2) Section 301(f)(4)(H) of the Act (2 U.S.C. 431(f)(4)(H)) is amended by striking out "the last paragraph of section 610 of title 18, United States Code" and inserting in lieu thereof "section 321(b)". (e) Section 314(a) of the Act (2 U.S.C. 437h(a)), as redesignated by section 105, is amended by striking out "or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code" in the first sentence of such subsection and by striking out "or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code," in the second sentence of such subsection. (f)(1) Section 406(a) of the Act (2 U.S.C. 455(a)) is amended by striking out "or section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code". (2) Section 406(b) of the Act (2 U.S.C. 455(b)) is amended by striking out "or section 608, 610, 611, or 613 of title 18, United States Code,". (g) Section 591 of title 18, United States Code, as amended by section 202(c), is amended— (1) by striking out "608(c) of this title" in paragraph (f)(4) (I) and inserting in lieu thereof "section 320(b) of the Federal .' - Election Campaign Act of 1971"; (2) by striking out "by section 608(b)(2) of this title" in paragraph (f)(4)(j) and inserting in lieu thereof "under section 320(a)(2) of the Federal Election Campaign Act of 1971"; and (3) by striking out "310(a)" in paragraph (k) and inserting in lieu thereof "309(a)". (h) Section 301(n) of the Act (2 U.S.C. 431 (n)) is amended by striking out "302(f)(1)" and inserting in lieu thereof "302(e)(1)". (i) The third sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out "97" and inserting in lieu thereof "96". TITLE II—AMENDMENTS TO TITLE 18, UNITED STATES CODE

a

REPEAL OF CERTAIN PROVISIONS

SEC. 201. (a) Chapter 29 of title 18, United States Code, is amended by striking out sections 608, 610, 611, 612, 613, 614, 615, 616, and 617. (b) The table of sections for chapter 29 of title 18, United States Code, is amended by striking out the items relating to sections 608, 610, 611, 612, 613, 614, 615, 616, and 617. CHANGES IN DEFINITIONS

SEC. 202. (a) Section 591 of title 18, United States Code, is amended by striking out "602, 608, 610, 611, 614, 615, and 617" and inserting in lieu thereof "and 602". (b) Section 591(e)(4) of title 18, United States Code, is amended <'-H':v.}?y. by inserting immediately before the semicolon the following: ", except that this paragraph shall not apply in the case of legal or accounting • '1,'PU services rendered to or on behalf of the national committee of a politMf^ - '••• • ical party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/547

 PUBLIC LAW 94-283—MAY 11, 1976 election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of ensuring compliance with the provisions of the Federal Election Campaign Act of 1971 or chapter 95 or chapter 96 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in accordance with the requirements of section 304(b) of the Federal Election Campaign Act of 1971", (c) Section 591(f)(4) of title 18, United States Code, is amended— (1) by redesignating clause (F) through clause (I) as clause (G) through clause (J), respectively; and (2) by inserting immediately after clause (E) the following new clause: " (F) the payment, by any person other than a candidate or political committee, of compensation for legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, or the payment for legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of ensuring compliance with the provisions of the Federal Election Campaign Act of 1971 or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported under section 304(b) of the Federal Election Campaign Act of 1971;".

90 STAT. 497

2 USC 431 note. 26 USC 9001, 9031.

Ante, p. 480.

,

TITLE III—AMENDMENTS TO INTERNAL REVENUE CODE O F 1954 ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS

SEC. 301. (a) Section 9004 of the Internal Revenue Code of 1954 26 USC 9004. (relating to entitlement of eligible candidates to payments) is amended by adding at the end thereof the following new subsections: "(d) EXPENDITURES FROM PERSONAL FUNDS.—In order to be eligible to receive any payment under section 9006, the candidate of a major, 26 USC 9006. minor, or new party in an election for the office of President shall certify to the Commission, under penalty of perjury, that such candidate will not knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for election to the office of President in excess of, in the aggregate, $50,000. For purposes of this subsection, expenditures from personal funds made by a candidate of a major, minor, or new party for the office of Vice President shall be considered to be expenditures by the candidate of such party for the office of President.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/548

 90 STAT. 498

Effective date.

26 USC 9004 note.

26 USC 9004.

PUBLIC LAW 94-283—MAY 11, 1976 "(e) DEFINITION OF IMMEDIATE FAMILY.—For purposes of subsection (d), the term 'immediate family' means a candidate's spouse, and any child, parent, grandparent, brother, half-brother, sister, or halfsister of the candidate, and the spouses of such persons.". (b) For purposes of applying section 9004(d) of the Internal Revenue Code of 1954, as added by subsection (a), expenditures made by an individual after January 29, 1976, and before the date of the enactment of this Act shall not be taken into account. PAYMENTS TO ELIGIBLE CANDIDATES; INSUFFICIENT AMOUNTS I N F U N D

26 USC 9006.

26 USC 9008, 9037.

SEC. 302. (a) Section 9006 of the Internal Revenue Code of 1954 (relating to payments to eligible candidates) is amended by striking out subsection (b) thereof and by redesignating subsection (c) and subsection (d) as subsection (b) and subsection (c), respectively. (b) Section 9006(c) of the Internal Revenue Code of 1954 (relating to insufficient amounts in fund), as redesignated by subsection (a), is amended by adding at the end thereof the following new sentence: "In any case in which the Secretary or his delegate determines that there are insufficient moneys in the fund to make payments under subsection (b), section 9008(b)(3), and section 9037(b), moneys shall not be made available from any other source for the purpose of making such payments.". PROVISION OF LEGAL OR ACCOUNTING SERVICES

26 USC 9008. Compensation.

SEC. 303. Section 9008(d) of the Internal Revenue Code of 1954 (relating to limitation of expenditures) is amended by adding at the end thereof the following new paragraph: "(4) PROVISION OF LEGAL O ACCOUNTING SERVICES.—For purR poses of this section, the payment, by any person other than the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services) of compensation to any individual for legal or accounting services rendered to or on behalf of the national committee of a political party shall not be treated as an expenditure made by or on behalf oi such committee with respect to its limitations on presidential nominating convention expenses.". REVIEW OF REGULATIONS

26 USC 9009.

'

' •

SEC. 304. (a) Section 9009(c) of the Internal Revenue Code of 1954 (relating to review of regulations) is amended— (1) in paragraph (2) thereof, by inserting immediately after the first sentence thereof the following new sentences: "Whenever .,'-.>' J" 5 o, a committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to."; and (2) by adding at the end thereof the following new paragraph: "Rule or "(4) For purposes of this subsection, the term 'rule or regularegulation." tion' means a provision or series of interrelated provisions stating a single separable rule of law.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/549

 PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 499

(b) Section 9039(c) of the Internal Revenue Code of 1954 (relating 26 USC 9039. to review of regulations) is amended— i (1) in paragraph (2) thereof, by inserting immediately after the first sentence thereof the following new sentences: "Whenever a committee of the House of Representatives reports any resoluJ tion relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in i order to move to reconsider the vote by which the motion is agreed to or disagreed to."; and '' '• (2) by adding at the end thereof the following new paragraph: "(4) For purposes of this subsection, the term 'rule or regula- "Rule or tion' means a provision or series of interrelated provisions stating regulation." a single separable rule of law.". QUALIFIED CAMPAIGN EXPENSE LIMITATION

SEC. 305. (a) Section 9035 of the Internal Revenue Code of 1954 26 USC 9035. (relating to qualified campaign expense limitation) is amended— (1) in the heading thereof, by striking out "LIMITATION" and inserting in lieu thereof "LIMITATIONS"; (2) by inserting "(a) EXPENDITURE LIMITATIONS.—" immedi-

ately before "No candidate"; (3) by inserting immediately after "States Code" the following: ", and no candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000"; and (4) by adding at the end thereof the following new subsection: "(b) DEFINITION OF IMMEDIATE FAMILY.—For purposes of this section, the term 'immediate family' means a candidate's spouse, and any child, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate, and the spouses of such persons.". (b) The table of sections for chapter 96 of the Internal Revenue Code of 1954 is amended by striking out the item relating to section 9035 and inserting in lieu thereof the following new item: "SEC. 9035. Qualified campaign expense limitations.". (c) Section 9033(b)(1) of the Internal Revenue Code of 1954 (relating to expense limitation; declaration of intent; minimum contributions) is amended by striking out "limitation" and inserting in lieu thereof "limitations". (d) For purposes of applying section 9035(a) of the Internal Revenue Code of 1954, as amended by subsection (a), expenditures made by an individual after January 29, 1976, and before the date of the enactment of this Act shall not be taken into account.

"Immediate family."

26 USC 9031. 26 USC 9033.

Effective date. 26 USC 9035 note. 26 USC 9035.

RETURN o r FEDERAL MATCHING PAYMENTS

SEC. 306. (a)(1) Section 9002(2) of the Internal Revenue Code of 26 USC 9002. 1954 (defining candidate) is amended by adding at the end thereof the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/550

 90 STAT. 500 V.r«:^...;

26 USC 9003.

26 USC 9002. Ante, p. 498. ac'i.

'

• '" • '

26 USC 9032.

26 USC 9033.

PUBLIC LAW 94-283—MAY 11, 1976 following new sentence: "The term 'candidate' shall not include any individual who has ceased actively to seek election to the office of President of the United States or to the office of Vice President of the United States, in more than one State.". (2) Section 9003 of the Internal Revenue Code of 1954 (relating to condition for eligibility for payments) is amended by adding at the end thereof the following new subsection: "(d) WITHDRAWAL BY CANDIDATE.—In any case in which an individual ceases to be a candidate as a result of the operation of the last sentence of section 9002(2), such individual— "(1) shall no longer be eligible to receive any payments under section 9006, except that such individual shall be eligible to receive payments under such section to defray qualified campaign expenses incurred while actively seeking election to the office of President of the United States or to the office of Vice President of the United States in more than one State; and " (2) shall pay to the Secretary or his delegate, as soon as practicable after the date upon which such individual ceases to be a candidate, an amount equal to the amount of payments received by such individual under section 9006 which are not used to defray qualified campaign expenses.". (b)(1) Section 9032(2) of the Internal Revenue Code of 1954 (defining candidate) is amended by adding at the end thereof the following new sentence: "The term 'candidate' shall not include any individual who is not actively conducting campaigns in more than one State in connection with seeking nomination for election to be President of the United States.". (2) Section 9033 of the Internal Revenue Code of 1954 (relating to eligibility for payments) is amended by adding at the end thereof the following new subsection: "(c) TERMINATION or PAYMENTS.—•

26 USC 9037.

•' '•' ^'* * " •

V '^ ' '^-'

"(1) GENERAL RULE.—Except as provided by paragraph (2), no payment shall be made to any individual under section 9037— "(A) if such individual ceases to be a candidate as a result of the operation of the last sentence of section 9032(2); or "(B) more than 30 days after the date of the second consecutive primary election in which such individual receives less than 10 percent of the number of votes cast for all candidates of the same party for the same office in such primary election, if such individual permitted or authorized the appearance of his name on the ballot, unless such individual certifies to the Commission that he will not be an active candidate in the primary involved. "(2)

QUALIFIED CAMPAIGN EXPENSES; PAYMENTS TO SECRE-

TARY.—Any candidate who is ineligible under paragraph (1) to receive any payments under section 9037 shall be eligible to continue to receive payments under section 9037 to defray (qualified campaign expenses incurred l^efore the date upon which such candidate becomes ineligible under paragraph (1). "(3)

,,,^,,..,,.,.

CALCULATION OF VOTING PERCENTAGE.—For purposes of

paragraph (1)(B), if the primary elections involved are held in

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Page:United States Statutes at Large Volume 90 Part 1.djvu/551

 PUBLIC LAW 94-283—MAY 11, 1976 more than one State on the same date, a candidate shall be treated as receiving that percentage of the votes on such date which he received in the primary election conducted on such date in which he received the greatest percentage vote.

"(4)

90 STAT. 501 .^.,

RESTABLISHMENT OF ELIGIBILITY.—

"(A) In any case in which an individual is ineligible to receive payments under section 9037 as a result of the operation of paragraph (1)(A), the Commission may subsequently determine that such individual is a candidate upon a finding that such individual is actively seeking election to the office of President of the United States in more than one State. The Commission shall make such determination without requiring such individual to reestablish his eligibility to receive payments under subsection (a). "(B) Notwithstanding the provisions of paragraph (1) (B), a candidate whose payments have been terminated under paragraph (1)(B) may again receive payments (including amounts he would have received but for paragraph (1)(B)) if he receives 20 percent or more of the total number of votes cast for candidates of the same party in a primary election held after the date on which the election was held which was the basis for terminating payments to him.", (c) The amendments made by this section shall take effect on the date of the enactment of this Act.

26 USC 9037.

Determination by Commission.

Effective date. 26 USC 9002 note.

TECHNICAL AND CONFORMING AMENDMENTS

SEC. 307. (a) Section 9008(b)(5) of the Internal Revenue Code of 1954 (relating to adjustment of entitlements) is amended— (1) by striking out "section 608(c)^ and section 608(f) of title 18, United States Code," and inserting in lieu thereof "section 320(b) and section 320(d) of the Federal Election Campaign Act of 1971"; and (2) by striking out "section 608(d) of such title" and inserting in lieu thereof "section 320(c) of such Act". (b) Section 9034(b) of the Internal Revenue Code of 1954 (relating to limitations) is amended by striking out "section 608(c)(1)(A) of title 18, United States Code," and inserting in lieu thereof "section 320(b)(1)(A) of the Federal Election Campaign Act of 1971". (c) Section 9035(a) of the Internal Revenue Code of 1954 (relating to expenditure limitations), as redesignated by section 305(a), is amended by striking out "section 608(c)(1)(A) of title 18, United States Code" and inserting in lieu thereof "section 320(b)(1)(A) of the Federal Election Campaign Act of 1971". (d) Section 9004(a)(1) of the Internal Revenue Code of 1954 (relating to entitlements of eligible candidates to payments) is amended by striking out "608(c)(1)(B) of title 18, United States Code" and inserting in lieu thereof '^320(b)(1)(B) of the Federal Election Campaign Act of 1971".

26 USC 9008.

2 USC 439c.

26 USC 9034.

26 USC 9035.

26 USC 9004.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/552

 90 STAT. 502 26 USC 9007.

PUBLIC LAW 94-283—MAY 11, 1976 (e) Section 9007(b)(3) of the Internal Revenue Code of 1954 (relating to repayments) is amended by striking out "9006(d)" and inserting in lieu thereof "9006(c)". (f) Section 9012(b)(1) of the Internal Revenue Code of 1954 (relating to contributions) is amended by striking out "9006(d)" and inserting in lieu thereof "9006(c)".

26 USC 9012. . '> tU>.:

Approved May 11,'1976.

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LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-917 accompanying H.R. 12406 (Comm. on House Admini$. tration) and No. 94-1057 (Comm. of Conference). SENATE REPORT No. 94-677 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15-18, 23, 24, considered and passed Senate. Apr. 1, considered and passed House, amended, in lieu of H.R. 12406. May 3, House agreed to conference report. May 4, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 20: May 11, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/553

 PUBLIC LAW 94-284—MAY 11, 1976

90 STAT. 503

Public Law 94-284 94th Congress An Act To amend the Consumer Product Safety Act to improve the Consumer Product Safety Commission, to authorize new appropriations, and for other purposes.

May 11, 1976 [S. 644]

Be it enacted by the Senate and House of Representatives of the Consumer United States of America in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Consumer Product Safety Commission Improvements Act of 1976". SECTION

AUTHORIZATION

Product Safety Commission Improvements Act of 1976. 15 USC 2051 note.

OF APPROPRIATIONS

SEC. 2. Section 32(a) of the Consumer Product Safety Act (15 U.S.C. 2081 (a)) is amended to read as follows: "(a) There are authorized to be appropriated for the purposes of carrying out the provisions of this Act (other than the provisions of section 27(h) which authorize the planning and construction of 15 USC 2076. research, development, and testing facilities) and for the purpose of carrying out the functions, powers, and duties transferred to the Commission under section 30, not to exceed— "(1) $51,000,000 for the fiscal year ending June 30, 1976; "(2) $14,000,000 for the period beginning July 1, 1976, and ending September 30, 1976; "(3) $60,000,000 for the fiscal year ending September 30, 1977; and " (4) $68,000,000 for the fiscal year ending September 30, 1978.". LIMITATIONS ON JURISDICTION

SEC. 3. (a) Section 2(2) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 (2)) is amended by (1) striking out subparagraph (B), and (2) redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (b) Section 3(a)(1)(D) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(D)) is amended by striking out "economic poisons" and inserting in lieu thereof "pesticides". (c) Section 2(f)2 of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) is amended by inserting immediately before "but such term" the following: "nor to tobacco and tobacco products,". (d) Section 3(a)(1) of the Consumer Product Safety Act (15 U.R.C. 2052(a)(1)) is amended by (1) inserting "other" before "limitations" in the last sentence, and (2) inserting before such sentence the following: "Except for the regulation under this Act or the Federal Hazardous Substances Act of fireworks devices or any substance intended for use as a component of any such device, the Commission shall have no authority under the functions transferred pursuant to section 30 of this Act to regulate any product or article described in 15 USC 2079. subparagraph (E) of this paragraph or described, without regard to quantity, in section 845(a)(5) of title 18, United States Code.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/554

 90 STAT. 504 Manufacture or i^'^iN/'^fMvT* 2080 -~

21 USC 301.

PUBLIC LAW 94-284~MAY 11, 1976 (e) The Consumer Product Safety Commission shall make no rul^^^ °^ order that restricts the manufacture or sale of firearms, firearms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms. (f) The second sentence of section 30(a) of the Consumer Product Safety Act (15 U.S.C. 2079(a)) is amended by (1) striking out "of the Administrator of the Environmental Protection Agency and"; and (2) striking out "Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Packaging Act of 1970" and inserting in lieu thereof "Federal Food, Drug, and Cosmetic Act (15 U.S.C. 301 et seq.)". BUDGET AND EMPLOYEE PROVISIONS

.

f>toJ

SEC. 4. (a) Section 4(f) of the Consumer Product Safety Act (15 U.S.C. 2053(f)) is amended by adding at the end thereof the following new paragraph: "(3) Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chairman without the prior approval of the Commission.". (b) Section 4(g) of such Act (15 U.S.C. 2053(g)) is amended by (1) striking out "full-time" in paragraph (2) and inserting in lieu thereof "regular", and (2) adding after such paragraph the following new paragraphs: "(3) In addition to the number of positions authorized by section 5108(a) of title 5, United States Code, the Chairman, subject to the approval of the Commission, and subject to the standards and pro5 USC 5101 et cedures prescribed by chapter 51 of title 5, United States Code, may seq. place a total of twelve positions in grades GS-16, GS-17, and GS-18. 5 USC 5332 note. ^^(4:) The appointment of any officer (other than a Commissioner) or employee of the Commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President." ACCOUNTABILITY

4>"Ai> "jjrf;

SEC. 5. (a) Section 4 of the Consumer Product Safety Act (15 U.S.C. 2053) is amended by adding at the end the following new subsection: "(i) Subsections (a) and (h) of section 2680 of title 28, United States Code, do not prohibit the bringing of a civil action on a claim against the United States which— "(1) is based upon— "(A) misrepresentation or deceit before January 1, 1978, on the part of the Commission or any employee thereof, or "(B) any exercise or performance, or failure to exercise or perform, a discretionary function on the part of the Commission or any employee thereof before January 1, 1978, which exercise, performance, or failure was grossly negligent; and "(2) is not made with respect to any agency action (as defined in section 551 (13) of title 5, United States Code). I ^ th^ ciise of a civil action on a claim based upon the exercise or performance of, or failure to exercise or perform, a discretionary function, no judgment may be entered against the United States unless the court in which such action was brought determines (based upon consideration of all the relevant circumstances, including the statutory responsibility of the Commission and the public interest in encour-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/555

 PUBLIC LAW 94-284—MAY 11, 1976

90 STAT. 505

aging rather than inhibiting the exercise of discretion) that such exercise, performance, or failure to exercise or perform was unreasonable.". (b) Section 32 of such Act (15 U.S.C. 2081) is amended by adding at the end the following new subsection: "(c) No funds appropriated under subsection (a) may be used to pay any claim described in section 4(i) whether pursuant to a judgment of a court or under any award, compromise, or settlement of such claim made under section 2672 of title 28, United States Code, or under any other provision of law.". SAMPLING

PLANS

SEC. 6. Section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) is amended by (1) inserting " (1) " immediately after " (a) ", (2) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (3) adding at the end the following new paragraph: " (2) No consumer product safety standard promulgated under this section shall require, incorporate, or reference any sampling plan. The preceding sentence shall not apply with respect to any consumer product safety standard or other agency action of the Commission under this Act (A) applicable to a fabric, related material, or product which is subject to a flammability standard or for which a flammability standard or other regulation may be promulgated under the Flammable Fabrics Act, or (B) which is or may be applicable to glass containers.". 15 USC 1191 note. STANDARDS DEVELOPMENT

SEC. 7. (a) The last sentence of section 7(b) of the Consumer Product Safety Act (15 U.S.C. 2056 (b)) is amended to read as follows: "An invitation under paragraph (4)(B) shall specify the period of time in which the offeror of an accepted offer is to develop the proposed standard. The period specified shall be a period ending 150 days after the date the offer is accepted unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate.". (b) Section 7(e)(1) of such Act (15 U.S.C. 2056(e)(1)) is amended to read as follows: "(e)(1) If the Commission publishes a notice pursuant to subsection Notice, (b) to commence a proceeding for the development of a consumer product safety standard for a consumer product and if— "(A) the Commission does not, within 30 days after the date of publication of such notice, accept an offer to develop such a standard, or "(B) the development period (specified in paragraph (3)) for such standard ends, the Commission may develop a proposed consumer product safety rule respecting such product and publish such proposed rule.". (c) Section 7(f) of such Act (15 U.S.C. 2056(f)) is amended to read as follows: "(f) If the Commission publishes a notice pursuant to subsection Publication in (b) to commence a proceeding for the development of a consumer Federal Register, product safety standard and if— "(1) no offer to develop such a standard is submitted to, or, if such an offer is submitted to the Commission, no such offer is accepted by, the Commission within a period of 60 days from the publication of such notice (or within such longer period as the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/556

 90 STAT. 506

PUBLIC LAW 94-284—MAY 11, 1976 Commission may prescribe by a notice published in the Federal Register stating good cause therefor), the Commission shall— " (A) by notice published in the Federal Register terminate the proceeding begun by the subsection (b) notice, or "(B) develop proposals for a consumer product safety rule for a consumer product identified in the subsection (b) notice and within a period of 150 days (or within such longer period as the Commission may prescribe by a notice published in the Federal Register stating good cause therefor) from the expiration of the 60-day (or longer) period— "(i) by notice published in the Federal Register terminate the proceeding begun by the subsection (b) notice, or " (ii) publish a proposed consumer product safety rule; or "(2) an offer to develop such a standard is submitted to and accepted by the Commission within the 60-day (or longer) period, then not later than 210 days (or such later time as the Commission may prescribe by notice published in the Federal Register stating good cause therefor) after the date of the acceptance of such offer the Commission shall take the action described in clause (i) or (ii) of paragraph (1)(B).". ADVANCE P A Y M E N T S;

i^^ll.mi

RENT

gjjc. 8. (a) Section 7(d)(2) of the Consumer Product Safety Act (15 U.S.C. 2056(d)(2)) is amended by adding at the end thereof the following: "Payments under agreements entered into under this paragraph may be made without reg^ard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).". (b) Section 27(b) of such Act (15 U.S.C. 2076 (b)) is amended by— (1) striking out "and" at the end of paragraph (7), and (2) redesignating paragraph (8) as paragraph (9) and inserting after paragraph (7) the following new paragraph: "(8) to lease buildings or parts of buildings in the District of Columbia, without regard to the Act of March 3, 1877 (40 U.S.C. 34), for the use of the Commission; and". CONSIDERATION OF THE NEEDS OF ELDERLY AND HANDICAPPED PERSONS

SEC. 9. Section 9(b) of the Consumer Product Safety Act (15 U.S.C. 2058(b)) is amended by adding at the end the following new sentence: "In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule.". ATTORNEYS' AND EXPERT WITNESSES' FEES

SEC. 10. (a) Section 10(e) of the Consumer Product Safety Act (15 U.S.C. 2059(e)) is amended by adding after paragraph (3) the fol« »^ ^ lowing new paragraph: .,%<•.V*' let, "i^) In any action under this subsection the court may in the interest of justice award the costs of suit, including reasonable attorneys' fees and reasonable expert witnesses' fees. Attorneys' fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28, United States Code, or any other provision of law. For purposes of this

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Summa Theologiae/Second Part of the Second Part/Question 81

Question. 81 - OF RELIGION (EIGHT ARTICLES)
We must now consider each of the foregoing virtues, in so far as our present scope demands. We shall consider (1) religion, (2) piety, (3) observance, (4) gratitude, (5) revenge, (6) truth, (7) friendship, (8) liberality, (9) {epieikeia}. Of the other virtues that have been mentioned we have spoken partly in the treatise on charity, viz. of concord and the like, and partly in this treatise on justice, for instance, of right commutations and of innocence. of legislative justice we spoke in the treatise on prudence.

Religion offers a threefold consideration: (1) Religion considered in itself; (2) its acts; (3) the opposite vices.

Under the first head there are eight points of inquiry:

(1) Whether religion regards only our relation to God?

(2) Whether religion is a virtue?

(3) Whether religion is one virtue?

(4) Whether religion is a special virtue?

(5) Whether religion is a theological virtue?

(6) Whether religion should be preferred to the other moral virtues?

(7) Whether religion has any external actions?

(8) Whether religion is the same as holiness?

Art. 1 - Whether religion directs man to God alone?
Objection 1: It would seem that religion does not direct man to God alone. It is written (James 1:27): "Religion clean and undefiled before God and the Father is this, to visit the fatherless and widows in their tribulation, and to keep oneself unspotted from this world." Now "to visit the fatherless and widows" indicates an order between oneself and one's neighbor, and "to keep oneself unspotted from this world" belongs to the order of a man within himself. Therefore religion does not imply order to God alone.

Objection 2: Further, Augustine says (De Civ. Dei x, 1) that "since in speaking Latin not only unlettered but even most cultured persons ere wont to speak of religion as being exhibited, to our human kindred and relations as also to those who are linked with us by any kind of tie, that term does not escape ambiguity when it is a question of Divine worship, so that we be able to say without hesitation that religion is nothing else but the worship of God." Therefore religion signifies a relation not only to God but also to our kindred.

Objection 3: Further, seemingly "latria" pertains to religion. Now "latria signifies servitude," as Augustine states (De Civ. Dei x, 1). And we are bound to serve not only God, but also our neighbor, according to Gal. 5:13, "By charity of the spirit serve one another." Therefore religion includes a relation to one's neighbor also.

Objection 4: Further, worship belongs to religion. Now man is said to worship not only God, but also his neighbor, according to the saying of Cato [*Dionysius Cato, Breves Sententiae], "Worship thy parents." Therefore religion directs us also to our neighbor, and not only to God.

Objection 5: Further, all those who are in the state of grace are subject to God. Yet not all who are in a state of grace are called religious, but only those who bind themselves by certain vows and observances, and to obedience to certain men. Therefore religion seemingly does not denote a relation of subjection of man to God.

On the contrary, Tully says (Rhet. ii, 53) that "religion consists in offering service and ceremonial rites to a superior nature that men call divine."

I answer that, as Isidore says (Etym. x), "according to Cicero, a man is said to be religious from 'religio,' because he often ponders over, and, as it were, reads again [relegit], the things which pertain to the worship of God," so that religion would seem to take its name from reading over those things which belong to Divine worship because we ought frequently to ponder over such things in our hearts, according to Prov. 3:6, "In all thy ways think on Him." According to Augustine (De Civ. Dei x, 3) it may also take its name from the fact that "we ought to seek God again, whom we had lost by our neglect" [*St. Augustine plays on the words 'reeligere,' i.e. to choose over again, and 'negligere,' to neglect or despise.]. Or again, religion may be derived from "religare" [to bind together], wherefore Augustine says (De Vera Relig. 55): "May religion bind us to the one Almighty God." However, whether religion take its name from frequent reading, or from a repeated choice of what has been lost through negligence, or from being a bond, it denotes properly a relation to God. For it is He to Whom we ought to be bound as to our unfailing principle; to Whom also our choice should be resolutely directed as to our last end; and Whom we lose when we neglect Him by sin, and should recover by believing in Him and confessing our faith.

Reply to Objection 1: Religion has two kinds of acts. Some are its proper and immediate acts, which it elicits, and by which man is directed to God alone, for instance, sacrifice, adoration and the like. But it has other acts, which it produces through the medium of the virtues which it commands, directing them to the honor of God, because the virtue which is concerned with the end, commands the virtues which are concerned with the means. Accordingly "to visit the fatherless and widows in their tribulation" is an act of religion as commanding, and an act of mercy as eliciting; and "to keep oneself unspotted from this world" is an act of religion as commanding, but of temperance or of some similar virtue as eliciting.

Reply to Objection 2: Religion is referred to those things one exhibits to one's human kindred, if we take the term religion in a broad sense, but not if we take it in its proper sense. Hence, shortly before the passage quoted, Augustine says: "In a stricter sense religion seems to denote, not any kind of worship, but the worship of God."

Reply to Objection 3: Since servant implies relation to a lord, wherever there is a special kind of lordship there must needs be a special kind of service. Now it is evident that lordship belongs to God in a special and singular way, because He made all things, and has supreme dominion over all. Consequently a special kind of service is due to Him, which is known as "latria" in Greek; and therefore it belongs to religion.

Reply to Objection 4: We are said to worship those whom we honor, and to cultivate [*In the Latin the same word 'colere' stands for 'worship' and 'cultivate']: a man's memory or presence: we even speak of cultivating things that are beneath us, thus a farmer [agricola] is one who cultivates the land, and an inhabitant [incola] is one who cultivates the place where he dwells. Since, however, special honor is due to God as the first principle of all things, to Him also is due a special kind of worship, which in Greek is {Eusebeia} or {Theosebeia}, as Augustine states (De Civ. Dei x, 1).

Reply to Objection 5: Although the name "religious" may be given to all in general who worship God, yet in a special way religious are those who consecrate their whole life to the Divine worship, by withdrawing from human affairs. Thus also the term "contemplative" is applied, not to those who contemplate, but to those who give up their whole lives to contemplation. Such men subject themselves to man, not for man's sake but for God's sake, according to the word of the Apostle (Gal. 4:14), "You . . . received me as an angel of God, even as Christ Jesus."

Art. 2 - Whether religion is a virtue?
Objection 1: It would seem that religion is not a virtue. Seemingly it belongs to religion to pay reverence to God. But reverence is an act of fear which is a gift, as stated above (Q[19], A[9]). Therefore religion is not a virtue but a gift

Objection 2: Further, every virtue is a free exercise of the will, wherefore it is described as an "elective" or voluntary "habit" [*Ethic. ii, 6]. Now, as stated above (A[1], ad 3) "latria" belongs to religion, and "latria" denotes a kind of servitude. Therefore religion is not a virtue.

Objection 3: Further, according to Ethic. ii, 1, aptitude for virtue is in us by nature, wherefore things pertaining to virtue belong to the dictate of natural reason. Now, it belongs to religion "to offer ceremonial worship to the Godhead" [*Cf. A[1]], and ceremonial matters, as stated above (FS, Q[99], A[3], ad 2; FS, Q[101]), do not belong to the dictate of natural reason. Therefore religion is not a virtue.

On the contrary, It is enumerated with the other virtues, as appears from what has been said above (Q[80]).

I answer that, As stated above (Q[58], A[3]; FS, Q[55], AA[3],4) "a virtue is that which makes its possessor good, and his act good likewise," wherefore we must needs say that every good act belongs to a virtue. Now it is evident that to render anyone his due has the aspect of good, since by rendering a person his due, one becomes suitably proportioned to him, through being ordered to him in a becoming manner. But order comes under the aspect of good, just as mode and species, according to Augustine (De Nat. Boni iii). Since then it belongs to religion to pay due honor to someone, namely, to God, it is evident that religion is a virtue.

Reply to Objection 1: To pay reverence to God is an act of the gift of fear. Now it belongs to religion to do certain things through reverence for God. Hence it follows, not that religion is the same as the gift of fear, but that it is referred thereto as to something more excellent; for the gifts are more excellent than the moral virtues, as stated above (Q[9], A[1], ad 3; FS, Q[68], A[8]).

Reply to Objection 2: Even a slave can voluntarily do his duty by his master, and so "he makes a virtue of necessity" [*Jerome, Ep. liv, ad Furiam.], by doing his duty voluntarily. In like manner, to render due service to God may be an act of virtue, in so far as man does so voluntarily.

Reply to Objection 3: It belongs to the dictate of natural reason that man should do something through reverence for God. But that he should do this or that determinate thing does not belong to the dictate of natural reason, but is established by Divine or human law.

Art. 3 - Whether religion is one virtue?
Objection 1: It would seem that religion is not one virtue. Religion directs us to God, as stated above (A[1]). Now in God there are three Persons; and also many attributes, which differ at least logically from one another. Now a logical difference in the object suffices for a difference of virtue, as stated above (Q[50], A[2], ad 2). Therefore religion is not one virtue.

Objection 2: Further, of one virtue there is seemingly one act, since habits are distinguished by their acts. Now there are many acts of religion, for instance to worship, to serve, to vow, to pray, to sacrifice and many such like. Therefore religion is not one virtue.

Objection 3: Further, adoration belongs to religion. Now adoration is paid to images under one aspect, and under another aspect to God Himself. Since, then, a difference of aspect distinguishes virtues, it would seem that religion is not one virtue.

On the contrary, It is written (Eph. 4:5): "One God [Vulg.: 'Lord'], one faith." Now true religion professes faith in one God. Therefore religion is one virtue.

I answer that, As stated above (FS, Q[54], A[2], ad 1), habits are differentiated according to a different aspect of the object. Now it belongs to religion to show reverence to one God under one aspect, namely, as the first principle of the creation and government of things. Wherefore He Himself says (Malach. 1:6): "If . . . I be a father, where is My honor?" For it belongs to a father to beget and to govern. Therefore it is evident that religion is one virtue.

Reply to Objection 1: The three Divine Persons are the one principle of the creation and government of things, wherefore they are served by one religion. The different aspects of the attributes concur under the aspect of first principle, because God produces all things, and governs them by the wisdom, will and power of His goodness. Wherefore religion is one virtue.

Reply to Objection 2: By the one same act man both serves and worships God, for worship regards the excellence of God, to Whom reverence is due: while service regards the subjection of man who, by his condition, is under an obligation of showing reverence to God. To these two belong all acts ascribed to religion, because, by them all, man bears witness to the Divine excellence and to his own subjection to God, either by offering something to God, or by assuming something Divine.

Reply to Objection 3: The worship of religion is paid to images, not as considered in themselves, nor as things, but as images leading us to God incarnate. Now movement to an image as image does not stop at the image, but goes on to the thing it represents. Hence neither "latria" nor the virtue of religion is differentiated by the fact that religious worship is paid to the images of Christ.

Art. 4 - Whether religion is a special virtue, distinct from the others?
Objection 1: It would seem that religion is not a special virtue distinct from the others. Augustine says (De Civ. Dei x, 6): "Any action whereby we are united to God in holy fellowship, is a true sacrifice." But sacrifice belongs to religion. Therefore every virtuous deed belongs to religion; and consequently religion is not a special virtue.

Objection 2: Further, the Apostle says (1 Cor. 10:31): "Do all to the glory of God." Now it belongs to religion to do anything in reverence of God, as stated above (A[1], ad 2; A[2]). Therefore religion is not a special virtue.

Objection 3: Further, the charity whereby we love God is not distinct from the charity whereby we love our neighbor. But according to Ethic. viii, 8 "to be honored is almost to be loved." Therefore the religion whereby we honor God is not a special virtue distinct from observance, or "dulia," or piety whereby we honor our neighbor. Therefore religion is not a special virtue.

On the contrary, It is reckoned a part of justice, distinct from the other parts.

I answer that, Since virtue is directed to the good, wherever there is a special aspect of good, there must be a special virtue. Now the good to which religion is directed, is to give due honor to God. Again, honor is due to someone under the aspect of excellence: and to God a singular excellence is competent, since He infinitely surpasses all things and exceeds them in every way. Wherefore to Him is special honor due: even as in human affairs we see that different honor is due to different personal excellences, one kind of honor to a father, another to the king, and so on. Hence it is evident that religion is a special virtue.

Reply to Objection 1: Every virtuous deed is said to be a sacrifice, in so far as it is done out of reverence of God. Hence this does not prove that religion is a general virtue, but that it commands all other virtues, as stated above (A[1], ad 1).

Reply to Objection 2: Every deed, in so far as it is done in God's honor, belongs to religion, not as eliciting but as commanding: those belong to religion as eliciting which pertain to the reverence of God by reason of their specific character.

Reply to Objection 3: The object of love is the good, but the object of honor and reverence is something excellent. Now God's goodness is communicated to the creature, but the excellence of His goodness is not. Hence the charity whereby God is loved is not distinct from the charity whereby our neighbor is loved; whereas the religion whereby God is honored, is distinct from the virtues whereby we honor our neighbor.

Art. 5 - Whether religion is a theological virtue?
Objection 1: It would seem that religion is a theological virtue. Augustine says (Enchiridion iii) that "God is worshiped by faith, hope and charity," which are theological virtues. Now it belongs to religion to pay worship to God. Therefore religion is a theological virtue.

Objection 2: Further, a theological virtue is one that has God for its object. Now religion has God for its object, since it directs us to God alone, as stated above (A[1]). Therefore religion is a theological virtue.

Objection 3: Further, every virtue is either theological, or intellectual, or moral, as is clear from what has been said (FS, QQ[57],58,62). Now it is evident that religion is not an intellectual virtue, because its perfection does not depend on the consideration of truth: nor is it a moral virtue, which consists properly in observing the mean between too much and too little. for one cannot worship God too much, according to Ecclus. 43:33, "Blessing the Lord, exalt Him as much as you can; for He is above all praise." Therefore it remains that it is a theological virtue.

On the contrary, It is reckoned a part of justice which is a moral virtue.

I answer that, As stated above (A[4]) religion pays due worship to God. Hence two things are to be considered in religion: first that which it offers to God, viz. worship, and this is by way of matter and object in religion; secondly, that to which something is offered, viz. God, to Whom worship is paid. And yet the acts whereby God is worshiped do not reach out to God himself, as when we believe God we reach out to Him by believing; for which reason it was stated (Q[1], AA[1],2,4) that God is the object of faith, not only because we believe in a God, but because we believe God.

Now due worship is paid to God, in so far as certain acts whereby God is worshiped, such as the offering of sacrifices and so forth, are done out of reverence for God. Hence it is evident that God is related to religion not as matter or object, but as end: and consequently religion is not a theological virtue whose object is the last end, but a moral virtue which is properly about things referred to the end.

Reply to Objection 1: The power or virtue whose action deals with an end, moves by its command the power or virtue whose action deals with matters directed to that end. Now the theological virtues, faith, hope and charity have an act in reference to God as their proper object: wherefore, by their command, they cause the act of religion, which performs certain deeds directed to God: and so Augustine says that God is worshiped by faith, hope and charity.

Reply to Objection 2: Religion directs man to God not as its object but as its end.

Reply to Objection 3: Religion is neither a theological nor an intellectual, but a moral virtue, since it is a part of justice, and observes a mean, not in the passions, but in actions directed to God, by establishing a kind of equality in them. And when I say "equality," I do not mean absolute equality, because it is not possible to pay God as much as we owe Him, but equality in consideration of man's ability and God's acceptance.

And it is possible to have too much in matters pertaining to the Divine worship, not as regards the circumstance of quantity, but as regards other circumstances, as when Divine worship is paid to whom it is not due, or when it is not due, or unduly in respect of some other circumstance.

Art. 6 - Whether religion should be preferred to the other moral virtues?
Objection 1: It would seem that religion should not be preferred to the other moral virtues. The perfection of a moral virtue consists in its observing the mean, as stated in Ethic. ii, 6. But religion fails to observe the mean of justice, since it does not render an absolute equal to God. Therefore religion is not more excellent than the other moral virtues.

Objection 2: Further, what is offered by one man to another is the more praiseworthy, according as the person it is offered to is in greater need: wherefore it is written (Is. 57:7): "Deal thy bread to the hungry." But God needs nothing that we can offer Him, according to Ps. 15:2, "I have said: Thou art my God, for Thou hast no need of my goods." Therefore religion would seem less praiseworthy than the other virtues whereby man's needs are relieved.

Objection 3: Further, the greater. the obligation to do a thing, the less praise does it deserve, according to 1 Cor. 9:16, "If I preach the Gospel, it is no glory to me: a necessity lieth upon me." Now the more a thing is due, the greater the obligation of paying it. Since, then, what is paid to God by man is in the highest degree due to Him, it would seem that religion is less praiseworthy than the other human virtues.

On the contrary, The precepts pertaining to religion are given precedence (Ex. 20) as being of greatest importance. Now the order of precepts is proportionate to the order of virtues, since the precepts of the Law prescribe acts of virtue. Therefore religion is the chief of the moral virtues.

I answer that, Whatever is directed to an end takes its goodness from being ordered to that end; so that the nearer it is to the end the better it is. Now moral virtues, as stated above (A[5]; Q[4], A[7]), are about matters that are ordered to God as their end. And religion approaches nearer to God than the other moral virtues, in so far as its actions are directly and immediately ordered to the honor of God. Hence religion excels among the moral virtues.

Reply to Objection 1: Virtue is praised because of the will, not because of the ability: and therefore if a man fall short of equality which is the mean of justice, through lack of ability, his virtue deserves no less praise, provided there be no failing on the part of his will.

Reply to Objection 2: In offering a thing to a man on account of its usefulness to him, the more needy the man the more praiseworthy the offering, because it is more useful: whereas we offer a thing to God not on account of its usefulness to Him, but for the sake of His glory, and on account of its usefulness to us.

Reply to Objection 3: Where there is an obligation to do a thing it loses the luster of supererogation, but not the merit of virtue, provided it be done voluntarily. Hence the argument proves nothing.

Art. 7 - Whether religion has an external act?
Objection 1: It would seem that religion has not an external act. It is written (Jn. 4:24): "God is a spirit, and they that adore Him, must adore Him in spirit and in truth." Now external acts pertain, not to the spirit but to the body. Therefore religion, to which adoration belongs, has acts that are not external but internal.

Objection 2: Further, the end of religion is to pay God reverence and honor. Now it would savor of irreverence towards a superior, if one were to offer him that which properly belongs to his inferior. Since then whatever man offers by bodily actions, seems to be directed properly to the relief of human needs, or to the reverence of inferior creatures, it would seem unbecoming to employ them in showing reverence to God.

Objection 3: Further, Augustine (De Civ. Dei vi, 10) commends Seneca for finding fault with those who offered to idols those things that are wont to be offered to men, because, to wit, that which befits mortals is unbecoming to immortals. But such things are much less becoming to the true God, Who is "exalted above all gods" [*Ps. 94:3]. Therefore it would seem wrong to worship God with bodily actions. Therefore religion has no bodily actions.

On the contrary, It is written (Ps. 83:3): "My heart and my flesh have rejoiced in the living God." Now just as internal actions belong to the heart, so do external actions belong to the members of the flesh. Therefore it seems that God ought to be worshiped not only by internal but also by external actions.

I answer that, We pay God honor and reverence, not for His sake (because He is of Himself full of glory to which no creature can add anything), but for our own sake, because by the very fact that we revere and honor God, our mind is subjected to Him; wherein its perfection consists, since a thing is perfected by being subjected to its superior, for instance the body is perfected by being quickened by the soul, and the air by being enlightened by the sun. Now the human mind, in order to be united to God, needs to be guided by the sensible world, since "invisible things . . . are clearly seen, being understood by the things that are made," as the Apostle says (Rom. 1:20). Wherefore in the Divine worship it is necessary to make use of corporeal things, that man's mind may be aroused thereby, as by signs, to the spiritual acts by means of which he is united to God. Therefore the internal acts of religion take precedence of the others and belong to religion essentially, while its external acts are secondary, and subordinate to the internal acts.

Reply to Objection 1: Our Lord is speaking of that which is most important and directly intended in the worship of God.

Reply to Objection 2: These external things are offered to God, not as though He stood in need of them, according to Ps. 49:13, "Shall I eat the flesh of bullocks? or shall I drink the blood of goats?" but as signs of the internal and spiritual works, which are of themselves acceptable to God. Hence Augustine says (De Civ. Dei x, 5): "The visible sacrifice is the sacrament or sacred sign of the invisible sacrifice."

Reply to Objection 3: Idolaters are ridiculed for offering to idols things pertaining to men, not as signs arousing them to certain spiritual things, but as though they were of themselves acceptable to the idols; and still more because they were foolish and wicked.

Art. 8 - Whether religion is the same as sanctity?
Objection 1: It would seem that religion is not the same as sanctity. Religion is a special virtue, as stated above (A[4]): whereas sanctity is a general virtue, because it makes us faithful, and fulfil our just obligations to God, according to Andronicus [*De Affectibus]. Therefore sanctity is not the same as religion.

Objection 2: Further, sanctity seems to denote a kind of purity. For Dionysius says (Div. Nom. xii) that "sanctity is free from all uncleanness, and is perfect and altogether unspotted purity." Now purity would seem above all to pertain to temperance which repels bodily uncleanness. Since then religion belongs to justice, it would seem that sanctity is not the same as religion.

Objection 3: Further, things that are opposite members of a division are not identified with one another. But in an enumeration given above (Q[80], ad 4) of the parts of justice, sanctity is reckoned as distinct from religion. Therefore sanctity is not the same as religion.

On the contrary, It is written (Lk. 1:74,75): "That . . . we may serve Him . . . in holiness and justice." Now, "to serve God" belongs to religion, as stated above (A[1], ad 3; A[3], ad 2). Therefore religion is the same as sanctity.

I answer that, The word "sanctity" seems to have two significations. In one way it denotes purity; and this signification fits in with the Greek, for {hagios} means "unsoiled." In another way it denotes firmness, wherefore in olden times the term "sancta" was applied to such things as were upheld by law and were not to be violated. Hence a thing is said to be sacred [sancitum] when it is ratified by law. Again, in Latin, this word "sanctus" may be connected with purity, if it be resolved into "sanguine tinctus, since, in olden times, those who wished to be purified were sprinkled with the victim's blood," according to Isidore (Etym. x). In either case the signification requires sanctity to be ascribed to those things that are applied to the Divine worship; so that not only men, but also the temple, vessels and such like things are said to be sanctified through being applied to the worship of God. For purity is necessary in order that the mind be applied to God, since the human mind is soiled by contact with inferior things, even as all things depreciate by admixture with baser things, for instance, silver by being mixed with lead. Now in order for the mind to be united to the Supreme Being it must be withdrawn from inferior things: and hence it is that without purity the mind cannot be applied to God. Wherefore it is written (Heb. 12:14): "Follow peace with all men, and holiness, without which no man shall see God." Again, firmness is required for the mind to be applied to God, for it is applied to Him as its last end and first beginning, and such things must needs be most immovable. Hence the Apostle said (Rom. 8:38,39): "I am sure that neither death, nor life . . . shall separate me [*Vulg.: 'shall be able to separate us'] from the love of God."

Accordingly, it is by sanctity that the human mind applies itself and its acts to God: so that it differs from religion not essentially but only logically. For it takes the name of religion according as it gives God due service in matters pertaining specially to the Divine worship, such as sacrifices, oblations, and so forth; while it is called sanctity, according as man refers to God not only these but also the works of the other virtues, or according as man by means of certain good works disposes himself to the worship of God

Reply to Objection 1: Sanctity is a special virtue according to its essence; and in this respect it is in a way identified with religion. But it has a certain generality, in so far as by its command it directs the acts of all the virtues to the Divine good, even as legal justice is said to be a general virtue, in so far as it directs the acts of all the virtues to the common good.

Reply to Objection 2: Temperance practices purity, yet not so as to have the character of sanctity unless it be referred to God. Hence of virginity itself Augustine says (De Virgin. viii) that "it is honored not for what it is, but for being consecrated to God."

Reply to Objection 3: Sanctity differs from religion as explained above, not really but logically.


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paragraph and sections 11(c), 23(a), and 24, a reasonable attorney's 15 USC 2060, fee is a fee (A) which is based upon (i) the actual time expended by ^072, 2073. an attorney in providing advice and other legal services in connection with representing a person in an action brought under this subsection, and (ii) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (B) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.". (b) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by inserting after the first sentence the following: "A court may in the interest of justice include in such relief an award of the costs of suit, including reasonable attorneys' fees (determined in accordance with section 10(e)(4) and reasonable expert witnesses'fees. Attorneys'fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28, United States Code, or any other provision of law.". (c) Section 23(a) of such Act (15 U.S.C. 2072(a)) is amended (1) by striking out "and shall" and inserting in lieu thereof "shall", and (2) by striking out ", and the cost of suit, including a reasonable attorney's fee, if considered appropriate in the discretion of the court." and inserting in lieu thereof ", and may, if the court determines it to be u5 in the interest of justice, recover the costs of suit, including reasonable attorneys' fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses' fees.". (d) Section 24 of such Act (15 U.S.C. 2073) is amended by striking out the last sentence and inserting in lieu thereof the following: "In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys' fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses' fees.". CIVIL LITIGATION

SEC. 11. (a) The third sentence of section 11(a) of the Consumer Product Safety Act (15 U.S.C. 2060(a)) is amended to read as follows: "The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. United States Code.". (b) The second sentence of section 22(a) of such Act (15 U.S.C. 2071(a)) is amended by striking out "(with the concurrence of the Attorney General)" and inserting in lieu thereof "(without regard to section 27(b)(7)(A)) ". (c) Section 27(b)(7) of such Act (15 U.S.C. 2076(b)(7)) is amended to read as follows: "(7) to— "(A) initiate, prosecute, defend, or appeal (other than to the Supreme Court of the United States), through its own legal representative and in the name of the Commission, any civil action if the Commission makes a written request to the • Attorney General for representation in such civil action and the Attorney General does not within the 45-day period beginning on the date such request was made notify the Commission in writing that the Attorney General will represent the Commission in such civil action, and "(B) initiate, prosecute, or appeal, through its own legal representative, with the concurrence of the Attorney General or through the Attorney General, any criminal action, for the purpose of enforcing the laws subject to its jurisdiction;".

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 90 STAT. 508

PUBLIC LAW 94-284—MAY 11, 1976 (d) Section 27(c) of such Act (15 U.S.C. 2076(c)) is amended by striking out "with the concurrence of the Attorney General" and inserting in lieu thereof " (subject to subsection (b)(7)) ". SUBSTANTIAL PRODUCT HAZARD

77A Stot. 11.

15 USC 2076. 15 USC 2061.

15 USC 2068.

15 USC 2064.

SEC. 12. (a)(1) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended by adding at the end the following: "An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules of the United States), or from doing any combination of such actions, the product with respect to which the order was issued.". (2) Section 15 of such Act (15 U.S.C. 2064) is amended by adding at the end thereof the following new subsection: "(g)(1) If the Commission has initiated a proceeding under this section for the issuance of an order under subsection (d) with respect to a product which the Commission has reason to believe presents a substantial product hazard, the Commission (without regard to section 27(b)(7)) or the Attorney General may, in accordance with section 12(e)(1), apply to a district court of the United States for the issuance of a preliminary injunction to restrain the distribution in commerce of such product pending the completion of such proceeding. If such a preliminary injunction has been issued, the Commission (or the Attorney General if the preliminary injunction was issued upon an application of the Attorney General) may apply to the issuing court for extensions of such preliminary injunction. "(2) Any preliminary injunction, and any extension of a preliminary injunction, issued under this subsection with respect to a product shall be in effect for such period as the issuing court prescribes not to exceed a period which extends beyond the thirtieth day from the date of the issuance of the preliminary injunction (or, in the case of a preliminary injunction which has been extended, the date of its extension) or the date of the completion or termination of the proceeding under this section respecting such product, whichever date occurs first. " (3) The amount in controversy requirement of section 1331 of title 28, United States Code, does not apply with respect to the jurisdiction of a district court of the United States to issue or exend a preliminary injunction under this subsection.". •(b) Section 19(a)(5) of such Act (15 U.S.C. 2068(a)(5)) is amended by (1) striking out "and to" and inserting in lieu thereof "to", and (2) inserting ", and to prohibited acts" after "refund", (c) Section 22 of such Act (15 U.S.C. 2071) is amended by— (1) striking out in subsection (a) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: "(a) The United States district courts shall have jurisdiction to take the following action: «(1) Restrain any violation of section 19. "(2) Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importinsr into the United States a product in violation of an order in effect under section 15(d). "(3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule."; and

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(2) striking out in subsection (b) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: "(b) Any consumer product— "(1) which fails to conform with an applicable consumer product safety rule, or "(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under section 15(d), 15 USC 2064. when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found.". PROHIBITED ACTS AND ENFORCEMENT

SEC. 13. (a) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)) is amended by— (1) inserting "or fail or refuse to establish or maintain records," immediately after "copying of records," in paragraph (3); and (2) striking out "or" at the end of paragraph (6), striking out the period at the end of paragraph (7) and inserting in lieu thereof "; or", and adding after paragraph (7) the following new paragraphs: "(8) fail to comply with any rule under section 13 (relating to 15 USC 2062. prior notice and description of new consumer products); or " (9) fail to comply with any rule under section 27(e) (relating 15 USC 2076. to provision of performance and technical data),", (b) Section 20(a)(1) of such Act (15 U.S.C. 2069) is amended by striking out "or (7)" and inserting in lieu thereof "(7), (8), or (9)". CONGRESSIONAL REVIEW OF PROPOSED ADMINISTRATIVE ACTIONS OF THE COMMISSION

SEC. 14. Section 27 of the Consumer Product Safety Act (15 U.S.C. 2076) is amended by adding at the end thereof the following new subsection: " (1)(1) Except as provided in paragraph (2)— " (A) the Commission shall transmit to the Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives each consumer product safety rule proposed after the date of the enactment of this subsection and each regulation proposed by the Commission after such date under section 2 or 3 of the Federal Hazardous Substances Act, section 3 of the Poison Prevention Packaging Act of 1970, or section 4 of the Flammable Fabrics Act: and "(B) no consumer product safety rule and no regulation under a section referred to in subparagraph (A) may be adopted by the Commission before the thirtieth day after the date the proposed rule or regulation upon which such rule or regulation was based was transmitted pursuant to subparagraph (A). "(2) Paragraph (1) does not apply with respect to a regulation under section 2(q) of the Federal Hazardous Substances Act respecting a hazardous substance the distribution of which is found under paragraph (2) of such section to present an imminent hazard or a regulation under section 3(e) of such Act respecting a toy or other article intended for use by children the distribution of which is found under paragraph (2) of such section to present an imminent hazard.".

Proposed safety rules and regulations; transmittal to congressional committees. 15 USC 1261, 1262, 1472. 15 USC 1193.

Children's toys.

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