FEDERAL TRADE COMMISSION ACT
TITLE 15 - COMMERCE AND TRADE
CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION
OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I - FEDERAL TRADE COMMISSION
AN ACT To create a Federal Trade Commission, to define its powers and
duties, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That a commission is created
and established, to be known as the Federal Trade Commission (hereinafter
referred to as the Commission), which shall be composed of five Commissioners,
who shall be appointed by the President, by and with the advice and consent
of the Senate. Not more than three of the Commissioners shall be members
of the same political party. The first Commissioners appointed shall continue
in office for terms of three, four, five, six, and seven years, respectively,
from September 26, 1914, the term of each to be designated by the President,
but their successors shall be appointed for terms of seven years, except
that any person chosen to fill a vacancy shall be appointed only for the
unexpired term of the Commissioner whom he shall succeed: Provided, however, That
upon the expiration of his term of office a Commissioner shall continue to
serve until his successor shall have been appointed and shall have qualified.
The President shall choose a chairman from the Commission's membership. No
Commissioner shall engage in any other business, vocation, or employment.
Any Commissioner may be removed by the President for inefficiency, neglect
of duty, or malfeasance in office. A vacancy in the Commission shall not
impair the right of the remaining Commissioners to exercise all the powers
of the Commission.
The Commission shall have an official seal, which shall be judicially notice
§ 42. Employees; expenses
Each commissioner shall receive a salary, payable in the same manner as the
salaries of the judges of the courts of the United States. The commission shall
appoint a secretary, who shall receive a salary, and it shall have authority
to employ and fix the compensation of such attorneys, special experts, examiners,
clerks, and other employees as it may from time to time find necessary for
the proper performance of its duties and as may be from time to time appropriated
for by Congress.
With the exception of the secretary, a clerk to each Commissioner, the attorneys,
and such special experts and examiners as the Commission may from time to time
find necessary for the conduct of its work, all employees of the Commission
shall be a part of the classified civil service, and shall enter the service
under such rules and regulations as may be prescribed by the Commission and
by the Director of the Office of Personnel Management.
All of the expenses of the Commission, including all necessary expenses for
transportation incurred by the Commissioners or by their employees under their
orders, in making any investigation, or upon official business in any other
places than in the city of Washington, shall be allowed and paid on the presentation
of itemized vouchers therefor approved by the Commission.
Until otherwise provided by law, the Commission may rent suitable offices
for its use.
The General Accounting Office shall receive and examine all accounts of expenditures
of the Commission.
§ 43. Office and place of meeting
The principal office of the Commission shall be in the city of Washington,
but it may meet and exercise all its powers at any other place. The Commission
may, by one or more of its members, or by such examiners as it may designate,
prosecute any inquiry necessary to its duties in any part of the United States.
§ 44. Definitions
The words defined in this section shall have the following meaning when found
in this subchapter, to wit:
''Commerce'' means commerce among the several States or with foreign nations,
or in any Territory of the United States or in the District of Columbia, or
between any such Territory and another, or between any such Territory and any
State or foreign nation, or between the District of Columbia and any State
or Territory or foreign nation.
''Corporation'' shall be deemed to include any company, trust, so-called Massachusetts
trust, or association, incorporated or unincorporated, which is organized to
carry on business for its own profit or that of its members, and has shares
of capital or capital stock or certificates of interest, and any company, trust,
so-called Massachusetts trust, or association, incorporated or unincorporated,
without shares of capital or capital stock or certificates of interest, except
partnerships, which is organized to carry on business for its own profit or
that of its members.
''Documentary evidence'' includes all documents, papers, correspondence, books
of account, and financial and corporate records.
''Acts to regulate commerce'' means subtitle IV of title 49 and the Communications
Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary
thereto.
''Antitrust Acts'' means the Act entitled ''An Act to protect trade and commerce
against unlawful restraints and monopolies'', approved July 2, 1890; also sections
73 to 77, inclusive, of an Act entitled ''An Act to reduce taxation, to provide
revenue for the Government, and for other purposes'', approved August 27, 1894;
also the Act entitled ''An Act to amend sections 73 and 76 of the Act of August
27, 1894, entitled 'An Act to reduce taxation, to provide revenue for the Government,
and for other purposes' '', approved February 12, 1913; and also the Act entitled
''An Act to supplement existing laws against unlawful restraints and monopolies,
and for other purposes'', approved October 15, 1914.
''Banks'' means the types of banks and other financial institutions referred
to in section 57a(f)(2) of this title.
§ 45. Unfair methods of competition unlawful; prevention by Commission
- (a) Declaration of unlawfulness; power to prohibit unfair practices;
inapplicability to foreign trade
- (1) Unfair methods of competition in or affecting commerce, and unfair
or deceptive acts or practices in or affecting commerce, are hereby
declared unlawful.
- (2) The Commission is hereby empowered and directed to prevent persons,
partnerships, or corporations, except banks, savings and loan institutions
described in section 57a(f)(3) of this title, Federal credit unions
described in section 57a(f)(4) of this title, common carriers subject
to the Acts to regulate commerce, air carriers and foreign air carriers
subject to part A of subtitle VII of title 49, and persons, partnerships,
or corporations insofar as they are subject to the Packers and Stockyards
Act, 1921, as amended (7 U.S.C. 181 et seq.), except as provided in
section 406(b) of said Act (7 U.S.C. 227(b)), from using unfair methods
of competition in or affecting commerce and unfair or deceptive acts
or practices in or affecting commerce.
- (3) This subsection shall not apply to unfair methods of competition
involving commerce with foreign nations (other than import commerce)
unless -
- (A) such methods of competition have a direct, substantial,
and reasonably foreseeable effect -
- (i) on commerce which is not commerce with foreign nations,
or on import commerce with foreign nations; or
- (ii) on export commerce with foreign nations, of a person
engaged in such commerce in the United States; and
- (B) such effect gives rise to a claim under the provisions
of this subsection, other than this paragraph. If this subsection
applies to such methods of competition only because of the operation
of subparagraph (A)(ii), this subsection shall apply to such
conduct only for injury to export business in the United States.
- (b) Proceeding by Commission; modifying and setting aside orders
Whenever the Commission shall have reason to believe that any such person,
partnership, or corporation has been or is using any unfair method of competition
or unfair or deceptive act or practice in or affecting commerce, and if it
shall appear to the Commission that a proceeding by it in respect thereof would
be to the interest of the public, it shall issue and serve upon such person,
partnership, or corporation a complaint stating its charges in that respect
and containing a notice of a hearing upon a day and at a place therein fixed
at least thirty days after the service of said complaint. The person, partnership,
or corporation so complained of shall have the right to appear at the place
and time so fixed and show cause why an order should not be entered by the
Commission requiring such person, partnership, or corporation to cease and
desist from the violation of the law so charged in said complaint. Any person,
partnership, or corporation may make application, and upon good cause shown
may be allowed by the Commission to intervene and appear in said proceeding
by counsel or in person. The testimony in any such proceeding shall be reduced
to writing and filed in the office of the Commission. If upon such hearing
the Commission shall be of the opinion that the method of competition or the
act or practice in question is prohibited by this subchapter, it shall make
a report in writing in which it shall state its findings as to the facts and
shall issue and cause to be served on such person, partnership, or corporation
an order requiring such person, partnership, or corporation to cease and desist
from using such method of competition or such act or practice. Until the expiration
of the time allowed for filing a petition for review, if no such petition has
been duly filed within such time, or, if a petition for review has been filed
within such time then until the record in the proceeding has been filed in
a court of appeals of the United States, as hereinafter provided, the Commission
may at any time, upon such notice and in such manner as it shall deem proper,
modify or set aside, in whole or in part, any report or any order made or issued
by it under this section. After the expiration of the time allowed for filing
a petition for review, if no such petition has been duly filed within such
time, the Commission may at any time, after notice and opportunity for hearing,
reopen and alter, modify, or set aside, in whole or in part any report or order
made or issued by it under this section, whenever in the opinion of the Commission
conditions of fact or of law have so changed as to require such action or if
the public interest shall so require, except that (1) the said person, partnership,
or corporation may, within sixty days after service upon him or it of said
report or order entered after such a reopening, obtain a review thereof in
the appropriate court of appeals of the United States, in the manner provided
in subsection (c) of this section; and (2) in the case of an order, the Commission
shall reopen any such order to consider whether such order (including any affirmative
relief provision contained in such order) should be altered, modified, or set
aside, in whole or in part, if the person, partnership, or corporation involved
files a request with the Commission which makes a satisfactory showing that
changed conditions of law or fact require such order to be altered, modified,
or set aside, in whole or in part. The Commission shall determine whether to
alter, modify, or set aside any order of the Commission in response to a request
made by a person, partnership, or corporation under paragraph (FOOTNOTE 1)
(2) not later than 120 days after the date of the filing of such request. (FOOTNOTE
1) So in original. Probably should be ''clause''.
- (c) Review of order; rehearing
Any person, partnership, or corporation required by an order of the Commission
to cease and desist from using any method of competition or act or practice
may obtain a review of such order in the court of appeals of the United States,
within any circuit where the method of competition or the act or practice in
question was used or where such person, partnership, or corporation resides
or carries on business, by filing in the court, within sixty days from the
date of the service of such order, a written petition praying that the order
of the Commission be set aside. A copy of such petition shall be forthwith
transmitted by the clerk of the court to the Commission, and thereupon the
Commission shall file in the court the record in the proceeding, as provided
in section 2112 of title 28. Upon such filing of the petition the court shall
have jurisdiction of the proceeding and of the question determined therein
concurrently with the Commission until the filing of the record and shall have
power to make and enter a decree affirming, modifying, or setting aside the
order of the Commission, and enforcing the same to the extent that such order
is affirmed and to issue such writs as are ancillary to its jurisdiction or
are necessary in its judgement to prevent injury to the public or to competitors
pendente lite. The findings of the Commission as to the facts, if supported
by evidence, shall be conclusive. To the extent that the order of the Commission
is affirmed, the court shall thereupon issue its own order commanding obedience
to the terms of such order of the Commission. If either party shall apply to
the court for leave to adduce additional evidence, and shall show to the satisfaction
of the court that such additional evidence is material and that there were
reasonable grounds for the failure to adduce such evidence in the proceeding
before the Commission, the court may order such additional evidence to be taken
before the Commission and to be adduced upon the hearing in such manner and
upon such terms and conditions as to the court may seem proper. The Commission
may modify its findings as to the facts, or make new findings, by reason of
the additional evidence so taken, and it shall file such modified or new findings,
which, if supported by evidence, shall be conclusive, and its recommendation,
if any, for the modification or setting aside of its original order, with the
return of such additional evidence. The judgment and decree of the court shall
be final, except that the same shall be subject to review by the Supreme Court
upon certiorari, as provided in section 1254 of title 28.
- (d) Jurisdiction of court
Upon the filing of the record with it the jurisdiction of the court of appeals
of the United States to affirm, enforce, modify, or set aside orders of the
Commission shall be exclusive.
- (e) Exemption from liability
No order of the Commission or judgement of court to enforce the same shall
in anywise relieve or absolve any person, partnership, or corporation from
any liability under the Antitrust Acts.
- (f) Service of complaints, orders and other processes; return
Complaints, orders, and other processes of the Commission under this section
may be served by anyone duly authorized by the Commission, either (a) by delivering
a copy thereof to the person to be served, or to a member of the partnership
to be served, or the president, secretary, or other executive officer or a
director of the corporation to be served; or (b) by leaving a copy thereof
at the residence or the principal office or place of business of such person,
partnership, or corporation; or (c) by mailing a copy thereof by registered
mail or by certified mail addressed to such person, partnership, or corporation
at his or its residence or principal office or place of business. The verified
return by the person so serving said complaint, order, or other process setting
forth the manner of said service shall be proof of the same, and the return
post office receipt for said complaint, order, or other process mailed by registered
mail or by certified mail as aforesaid shall be proof of the service of the
same.
An order of the Commission to cease and desist shall become final -
- (1) Upon the expiration of the time allowed for filing a petition for review,
if no such petition has been duly filed within such time; but the Commission
may thereafter modify or set aside its order to the extent provided in the
last sentence of subsection (b).
- (2) Except as to any order provision subject to paragraph (4), upon the
sixtieth day after such order is served, if a petition for review has been
duly filed; except that any such order may be stayed, in whole or in part
and subject to such conditions as may be appropriate, by -
- (A) the Commission;
- (B) an appropriate court of appeals of the United States, if
- (i) a petition for review of such order is pending in such
court, and
- (ii) an application for such a stay was previously submitted
to the Commission and the Commission, within the 30-day period
beginning on the date the application was received by the Commission,
either denied the application or did not grant or deny the application;
or
- (C) the Supreme Court, if an applicable petition for certiorari is
pending.
- (3) For purposes of subsection (m)(1)(B) of this section and of section
57b(a)(2) of this title, if a petition for review of the order of the Commission
has been filed -
- (A) upon the expiration of the time allowed for filing a petition
for certiorari, if the order of the Commission has been affirmed or
the petition for review has been dismissed by the court of appeals
and no petition for certiorari has been duly filed;
- (B) upon the denial of a petition for certiorari, if the order of
the Commission has been affirmed or the petition for review has been
dismissed by the court of appeals; or
- (C) upon the expiration of 30 days from the date of issuance of a
mandate of the Supreme Court directing that the order of the Commission
be affirmed or the petition for review be dismissed.
- (4) In the case of an order provision requiring a person, partnership,
or corporation to divest itself of stock, other share capital, or assets,
if a petition for review of such order of the Commission has been filed -
- (A) upon the expiration of the time allowed for filing a petition
for certiorari, if the order of the Commission has been affirmed or
the petition for review has been dismissed by the court of appeals
and no petition for certiorari has been duly filed;
- (B) upon the denial of a petition for certiorari, if the order of
the Commission has been affirmed or the petition for review has been
dismissed by the court of appeals; or
- (C) upon the expiration of 30 days from the date of issuance of a
mandate of the Supreme Court directing that the order of the Commission
be affirmed or the petition for review be dismissed.
- (h) Modification or setting aside of order by Supreme Court
If the Supreme Court directs that the order of the Commission be modified
or set aside, the order of the Commission rendered in accordance with the mandate
of the Supreme Court shall become final upon the expiration of thirty days
from the time it was rendered, unless within such thirty days either party
has instituted proceedings to have such order corrected to accord with the
mandate, in which event the order of the Commission shall become final when
so corrected.
- (i) Modification or setting aside of order by Court of Appeals
If the order of the Commission is modified or set aside by the court of appeals,
and if (1) the time allowed for filing a petition for certiorari has expired
and no such petition has been duly filed, or (2) the petition for certiorari
has been denied, or (3) the decision of the court has been affirmed by the
Supreme Court, then the order of the Commission rendered in accordance with
the mandate of the court of appeals shall become final on the expiration of
thirty days from the time such order of the Commission was rendered, unless
within such thirty days either party has instituted proceedings to have such
order corrected so that it will accord with the mandate, in which event the
order of the Commission shall become final when so corrected.
- (j) Rehearing upon order or remand
If the Supreme Court orders a rehearing; or if the case is remanded by the
court of appeals to the Commission for a rehearing, and if (1) the time allowed
for filing a petition for certiorari has expired, and no such petition has
been duly filed, or (2) the petition for certiorari has been denied, or (3)
the decision of the court has been affirmed by the Supreme Court, then the
order of the Commission rendered upon such rehearing shall become final in
the same manner as though no prior order of the Commission had been rendered.
As used in this section the term ''mandate'', in case a mandate has been recalled
prior to the expiration of thirty days from the date of issuance thereof, means
the final mandate.
- (l) Penalty for violation of order; injunctions and other appropriate
equitable relief
Any person, partnership, or corporation who violates an order of the Commission
after it has become final, and while such order is in effect, shall forfeit
and pay to the United States a civil penalty of not more than $10,000 for each
violation, which shall accrue to the United States and may be recovered in
a civil action brought by the Attorney General of the United States. Each separate
violation of such an order shall be a separate offense, except that in a case
of a violation through continuing failure to obey or neglect to obey a final
order of the Commission, each day of continuance of such failure or neglect
shall be deemed a separate offense. In such actions, the United States district
courts are empowered to grant mandatory injunctions and such other and further
equitable relief as they deem appropriate in the enforcement of such final
orders of the Commission.
- (m) Civil actions for recovery of penalties for knowing violations of
rules and cease and desist orders respecting unfair or deceptive acts or
practices; jurisdiction; maximum amount of penalties; continuing violations;
de novo determinations; compromise or settlement procedure
- (1)
- (A) The Commission may commence a civil action to recover a
civil penalty in a district court of the United States against
any person, partnership, or corporation which violates any rule
under this chapter respecting unfair or deceptive acts or practices
(other than an interpretive rule or a rule violation of which
the Commission has provided is not an unfair or deceptive act
or practice in violation of subsection (a)(1) of this section)
with actual knowledge or knowledge fairly implied on the basis
of objective circumstances that such act is unfair or deceptive
and is prohibited by such rule. In such action, such person,
partnership, or corporation shall be liable for a civil penalty
of not more than $10,000 for each violation.
- (B) If the Commission determines in a proceeding under subsection
(b) of this section that any act or practice is unfair or deceptive,
and issues a final cease and desist order, other than a consent
order, with respect to such act or practice, then the Commission
may commence a civil action to obtain a civil penalty in a district
court of the United States against any person, partnership, or
corporation which engages in such act or practice -
- (1) after such cease and desist order becomes final (whether
or not such person, partnership, or corporation was subject
to such cease and desist order), and
- (2) with actual knowledge that such act or practice is
unfair or deceptive and is unlawful under subsection (a)(1)
of this section. In such action, such person, partnership,
or corporation shall be liable for a civil penalty of not
more than $10,000 for each violation.
- (C) In the case of a violation through continuing failure to
comply with a rule or with subsection (a)(1) of this section,
each day of continuance of such failure shall be treated as a
separate violation, for purposes of subparagraphs (A) and (B).
In determining the amount of such a civil penalty, the court
shall take into account the degree of culpability, any history
of prior such conduct, ability to pay, effect on ability to continue
to do business, and such other matters as justice may require.
- (2) If the cease and desist order establishing that the act or practice
is unfair or deceptive was not issued against the defendant in a civil
penalty action under paragraph (1)(B) the issues of fact in such action
against such defendant shall be tried de novo. Upon request of any
party to such an action against such defendant, the court shall also
review the determination of law made by the Commission in the proceeding
under subsection (b) of this section that the act or practice which
was the subject of such proceeding constituted an unfair or deceptive
act or practice in violation of subsection (a) of this section.
- (3) The Commission may compromise or settle any action for a civil
penalty if such compromise or settlement is accompanied by a public
statement of its reasons and is approved by the court.
- (n) Standard of proof; public policy consideration
The Commission shall have no authority under this section or section 57a of
this title to declare unlawful an act or practice on the grounds that such
act or practice is unfair unless the act or practice causes or is likely to
cause substantial injury to consumers which is not reasonably avoidable by
consumers themselves and not outweighed by countervailing benefits to consumers
or to competition. In determining whether an act or practice is unfair, the
Commission may consider established public policies as evidence to be considered
with all other evidence. Such public policy considerations may not serve as
a primary basis for such determination.
§ 46. Additional powers of Commission
The Commission shall also have power -
- (a) Investigation of persons, partnerships, or corporations
To gather and compile information concerning, and to investigate from time
to time the organization, business, conduct, practices, and management of any
person, partnership, or corporation engaged in or whose business affects commerce,
excepting banks, savings and loan institutions described in section 57a(f)(3)
of this title, Federal credit unions described in section 57a(f)(4) of this
title, and common carriers subject to the Act to regulate commerce, and its
relation to other persons, partnerships, and corporations.
- (b) Reports of persons, partnerships, and corporations
To require, by general or special orders, persons, partnerships, and corporations,
engaged in or whose business affects commerce, excepting banks, savings and
loan institutions described in section 57a(f)(3) of this title, Federal credit
unions described in section 57a(f)(4) of this title, and common carriers subject
to the Act to regulate commerce, or any class of them, or any of them, respectively,
to file with the Commission in such form as the Commission may prescribe annual
or special, or both annual and special, reports or answers in writing to specific
questions, furnishing to the Commission such information as it may require
as to the organization, business, conduct, practices, management, and relation
to other corporations, partnerships, and individuals of the respective persons,
partnerships, and corporations filing such reports or answers in writing. Such
reports and answers shall be made under oath, or otherwise, as the Commission
may prescribe, and shall be filed with the Commission within such reasonable
period as the Commission may prescribe, unless additional time be granted in
any case by the Commission.
- (c) Investigation of compliance with antitrust decrees
Whenever a final decree has been entered against any defendant corporation
in any suit brought by the United States to prevent and restrain any violation
of the antitrust Acts, to make investigation, upon its own initiative, of the
manner in which the decree has been or is being carried out, and upon the application
of the Attorney General it shall be its duty to make such investigation. It
shall transmit to the Attorney General a report embodying its findings and
recommendations as a result of any such investigation, and the report shall
be made public in the discretion of the Commission.
- (d) Investigations of violations of antitrust statutes
Upon the direction of the President or either House of Congress to investigate
and report the facts relating to any alleged violations of the antitrust Acts
by any corporation.
- (e) Readjustment of business of corporations violating antitrust statutes
Upon the application of the Attorney General to investigate and make recommendations
for the readjustment of the business of any corporation alleged to be violating
the antitrust Acts in order that the corporation may thereafter maintain its
organization, management, and conduct of business in accordance with law.
- (f) Publication of information; reports
To make public from time to time such portions of the information obtained
by it hereunder as are in the public interest; and to make annual and special
reports to the Congress and to submit therewith recommendations for additional
legislation; and to provide for the publication of its reports and decisions
in such form and manner as may be best adapted for public information and use: Provided, That
the Commission shall not have any authority to make public any trade secret
or any commercial or financial information which is obtained from any person
and which is privileged or confidential, except that the Commission may disclose
such information to officers and employees of appropriate Federal law enforcement
agencies or to any officer or employee of any State law enforcement agency
upon the prior certification of an officer of any such Federal or State law
enforcement agency that such information will be maintained in confidence and
will be used only for official law enforcement purposes.
- (g) Classification of corporations; regulations
From time to time classify corporations and (except as provided in section
57a(a)(2) of this title) to make rules and regulations for the purpose of carrying
out the provisions of this subchapter.
- (h) Investigations of foreign trade conditions; reports
To investigate, from time to time, trade conditions in and with foreign countries
where associations, combinations, or practices of manufacturers, merchants,
or traders, or other conditions, may affect the foreign trade of the United
States, and to report to Congress thereon, with such recommendations as it
deems advisable.
- (i) Investigations of foreign antitrust law violations
With respect to the International Antitrust Enforcement Assistance Act of
1994 (15 U.S.C. 6201 et seq.), to conduct investigations of possible violations
of foreign antitrust laws (as defined in section 12 of such Act (15 U.S.C.
6211)).
Provided, That the exception of ''banks, savings and loan institutions
described in section 57a(f)(3) of this title, Federal credit unions described
in section 57a(f)(4) of this title, and common carriers subject to the Act
to regulate commerce'' from the Commission's powers defined in clauses (a)
and (b) of this section, shall not be construed to limit the Commission's authority
to gather and compile information, to investigate, or to require reports or
answers from, any person, partnership, or corporation to the extent that such
action is necessary to the investigation of any person, partnership, or corporation,
group of persons, partnerships, or corporations, or industry which is not engaged
or is engaged only incidentally in banking, in business as a savings and loan
institution, in business as a Federal credit union, or in business as a common
carrier subject to the Act to regulate commerce.
The Commission shall establish a plan designed to substantially reduce burdens
imposed upon small businesses as a result of requirements established by the
Commission under clause (b) relating to the filing of quarterly financial reports.
Such plan shall (1) be established after consultation with small businesses
and persons who use the information contained in such quarterly financial reports;
(2) provide for a reduction of the number of small businesses required to file
such quarterly financial reports; and (3) make revisions in the forms used
for such quarterly financial reports for the purpose of reducing the complexity
of such forms. The Commission, not later than December 31, 1980, shall submit
such plan to the Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Energy and Commerce of the House of Representatives.
Such plan shall take effect not later than October 31, 1981.
No officer or employee of the Commission or any Commissioner may publish or
disclose information to the public, or to any Federal agency, whereby any line-of-business
data furnished by a particular establishment or individual can be identified.
No one other than designated sworn officers and employees of the Commission
may examine the line-of-business reports from individual firms, and information
provided in the line-of-business program administered by the Commission shall
be used only for statistical purposes. Information for carrying out specific
law enforcement responsibilities of the Commission shall be obtained under
practices and procedures in effect on May 28, 1980, or as changed by law.
Nothing in this section (other than the provisions of clause (c) and clause
(d)) shall apply to the business of insurance, except that the Commission shall
have authority to conduct studies and prepare reports relating to the business
of insurance. The Commission may exercise such authority only upon receiving
a request which is agreed to by a majority of the members of the Committee
on Commerce, Science, and Transportation of the Senate or the Committee on
Energy and Commerce of the House of Representatives. The authority to conduct
any such study shall expire at the end of the Congress during which the request
for such study was made.
§ 47. Reference of suits under antitrust statutes to Commission
In any suit in equity brought by or under the direction of the Attorney General
as provided in the antitrust Acts, the court may, upon the conclusion of the
testimony therein, if it shall be then of opinion that the complainant is entitled
to relief, refer said suit to the Commission, as a master in chancery, to ascertain
and report an appropriate form of decree therein. The Commission shall proceed
upon such notice to the parties and under such rules of procedure as the court
may prescribe, and upon the coming in of such report such exceptions may be
filed and such proceedings had in relation thereto as upon the report of a
master in other equity causes, but the court may adopt or reject such report,
in whole or in part, and enter such decree as the nature of the case may in
its judgment require.
§ 46a. Concurrent resolution essential to authorize
After June 16, 1933, no new investigations shall be initiated by the Commission
as the result of a legislative resolution, except the same be a concurrent
resolution of the two Houses of Congress.
§ 47. Reference of suits under antitrust statutes to Commission
In any suit in equity brought by or under the direction of the Attorney General
as provided in the antitrust Acts, the court may, upon the conclusion of the
testimony therein, if it shall be then of opinion that the complainant is entitled
to relief, refer said suit to the Commission, as a master in chancery, to ascertain
and report an appropriate form of decree therein. The Commission shall proceed
upon such notice to the parties and under such rules of procedure as the court
may prescribe, and upon the coming in of such report such exceptions may be
filed and such proceedings had in relation thereto as upon the report of a
master in other equity causes, but the court may adopt or reject such report,
in whole or in part, and enter such decree as the nature of the case may in
its judgment require.
§ 48. Information and assistance from departments
The several departments and bureaus of the Government when directed by the
President shall furnish the Commission, upon its request, all records, papers,
and information in their possession relating to any corporation subject to
any of the provisions of this subchapter, and shall detail from time to time
such officials and employees to the Commission as he may direct.
§ 49. Documentary evidence; depositions; witnesses
For the purposes of this subchapter the Commission, or its duly authorized
agent or agents, shall at all reasonable times have access to, for the purpose
of examination, and the right to copy any documentary evidence of any person,
partnership, or corporation being investigated or proceeded against; and the
Commission shall have power to require by subpoena the attendance and testimony
of witnesses and the production of all such documentary evidence relating to
any matter under investigation. Any member of the Commission may sign subpoenas,
and members and examiners of the Commission may administer oaths and affirmations,
examine witnesses, and receive evidence.
Such attendance of witnesses, and the production of such documentary evidence,
may be required from any place in the United States, at any designated place
of hearing. And in case of disobedience to a subpoena the Commission may invoke
the aid of any court of the United States in requiring the attendance and testimony
of witnesses and the production of documentary evidence.
Any of the district courts of the United States within the jurisdiction of
which such inquiry is carried on may, in case of contumacy or refusal to obey
a subpoena issued to any person, partnership, or corporation issue an order
requiring such person, partnership, or corporation to appear before the Commission,
or to produce documentary evidence if so ordered, or to give evidence touching
the matter in question; and any failure to obey such order of the court may
be punished by such court as a contempt thereof.
Upon the application of the Attorney General of the United States, at the
request of the Commission, the district courts of the United States shall have
jurisdiction to issue writs of mandamus commanding any person, partnership,
or corporation to comply with the provisions of this subchapter or any order
of the Commission made in pursuance thereof.
The Commission may order testimony to be taken by deposition in any proceeding
or investigation pending under this subchapter at any stage of such proceeding
or investigation. Such depositions may be taken before any person designated
by the commission and having power to administer oaths. Such testimony shall
be reduced to writing by the person taking the deposition, or under his direction,
and shall then be subscribed by the deponent. Any person may be compelled to
appear and depose and to produce documentary evidence in the same manner as
witnesses may be compelled to appear and testify and produce documentary evidence
before the Commission as hereinbefore provided.
Witnesses summoned before the Commission shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States and witnesses
whose depositions are taken and the persons taking the same shall severally
be entitled to the same fees as are paid for like services in the courts of
the United States.
§ 50. Offenses and penalties
Any person who shall neglect or refuse to attend and testify, or to answer
any lawful inquiry or to produce any documentary evidence, if in his power
to do so, in obedience to an order of a district court of the United States
directing compliance with the subpoena or lawful requirement of the Commission,
shall be guilty of an offense and upon conviction thereof by a court of competent
jurisdiction shall be punished by a fine of not less than $1,000 nor more than
$5,000, or by imprisonment for not more than one year, or by both such fine
and imprisonment.
Any person who shall willfully make, or cause to be made, any false entry
or statement of fact in any report required to be made under this subchapter,
or who shall willfully make, or cause to be made, any false entry in any account,
record, or memorandum kept by any person, partnership, or corporation subject
to this subchapter, or who shall willfully neglect or fail to make, or to cause
to be made, full, true, and correct entries in such accounts, records, or memoranda
of all facts and transactions appertaining to the business of such person,
partnership, or corporation, or who shall willfully remove out of the jurisdiction
of the United States, or willfully mutilate, alter, or by any other means falsify
any documentary evidence of such person, partnership, or corporation, or who
shall willfully refuse to submit to the Commission or to any of its authorized
agents, for the purpose of inspection and taking copies, any documentary evidence
of such person, partnership, or corporation in his possession or within his
control, shall be deemed guilty of an offense against the United States, and
shall be subject, upon conviction in any court of the United States of competent
jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to
imprisonment for a term of not more than three years, or to both such fine
and imprisonment.
If any persons, partnership, or corporation required by this subchapter to
file any annual or special report shall fail so to do within the time fixed
by the Commission for filing the same, and such failure shall continue for
thirty days after notice of such default, the corporation shall forfeit to
the United States the sum of $100 for each and every day of the continuance
of such failure, which forfeiture shall be payable into the Treasury of the
United States, and shall be recoverable in a civil suit in the name of the
United States brought in the case of a corporation or partnership in the district
where the corporation or partnership has its principal office or in any district
in which it shall do business, and in the case of any person in the district
where such person resides or has his principal place of business. It shall
be the duty of the various United States attorneys, under the direction of
the Attorney General of the United States, to prosecute for the recovery of
the forfeitures. The costs and expenses of such prosecution shall be paid out
of the appropriation for the expenses of the courts of the United States.
Any officer or employee of the Commission who shall make public any information
obtained by the Commission without its authority, unless directed by a court,
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall
be punished by a fine not exceeding $5,000, or by imprisonment not exceeding
one year, or by fine and imprisonment, in the discretion of the court.
§ 51. Effect on other statutory provisions
Nothing contained in this subchapter shall be construed to prevent or interfere
with the enforcement of the provisions of the antitrust Acts or the Acts to
regulate commerce, nor shall anything contained in this subchapter be construed
to alter, modify, or repeal the said antitrust Acts or the Acts to regulate
commerce or any part or parts thereof.
§ 52. Dissemination of false advertisements
It shall be unlawful for any person, partnership, or corporation to disseminate,
or cause to be disseminated, any false advertisement -
- (1) By United States mails, or in or having an effect upon commerce, by
any means, for the purpose of inducing, or which is likely to induce, directly
or indirectly the purchase of food, drugs, devices, services, or cosmetics;
or
(2) By any means, for the purpose of inducing, or which is likely to induce,
directly or indirectly, the purchase in or having an effect upon commerce,
of food, drugs, devices, services, or cosmetics. (b) Unfair or deceptive act
or practice The dissemination or the causing to be disseminated of any false
advertisement within the provisions of subsection (a) of this section shall
be an unfair or deceptive act or practice in or affecting commerce within the
meaning of section 45 of this title.
§ 53. False advertisements; injunctions and restraining orders
- (a) Power of Commission; jurisdiction of courts
Whenever the Commission has reason to believe -
- (1) that any person, partnership, or corporation is engaged in, or is about
to engage in, the dissemination or the causing of the dissemination of any
advertisement in violation of section 52 of this title, and
- (2) that the enjoining thereof pending the issuance of a complaint by the
Commission under section 45 of this title, and until such complaint is dismissed
by the Commission or set aside by the court on review, or the order of the
Commission to cease and desist made thereon has become final within the meaning
of section 45 of this title, would be to the interest of the public,
the Commission by any of its attorneys designated by it for such purpose may
bring suit in a district court of the United States or in the United States
court of any Territory, to enjoin the dissemination or the causing of the dissemination
of such advertisement. Upon proper showing a temporary injunction or restraining
order shall be granted without bond. Any suit may be brought where such person,
partnership, or corporation resides or transacts business, or wherever venue
is proper under section 1391 of title 28. In addition, the court may, if the
court determines that the interests of justice require that any other person,
partnership, or corporation should be a party in such suit, cause such other
person, partnership, or corporation to be added as a party without regard to
whether venue is otherwise proper in the district in which the suit is brought.
In any suit under this section, process may be served on any person, partnership,
or corporation wherever it may be found.
- (b) Temporary restraining orders; preliminary injunctions
Whenever the Commission has reason to believe -
- (1) that any person, partnership, or corporation is violating, or is about
to violate, any provision of law enforced by the Federal Trade Commission,
and
- (2) that the enjoining thereof pending the issuance of a complaint by the
Commission and until such complaint is dismissed by the Commission or set
aside by the court on review, or until the order of the Commission made thereon
has become final, would be in the interest of the public -
the Commission by any of its attorneys designated by it for such purpose may
bring suit in a district court of the United States to enjoin any such act
or practice. Upon a proper showing that, weighing the equities and considering
the Commission's likelihood of ultimate success, such action would be in the
public interest, and after notice to the defendant, a temporary restraining
order or a preliminary injunction may be granted without bond: Provided,
however, That if a complaint is not filed within such period (not exceeding
20 days) as may be specified by the court after issuance of the temporary restraining
order or preliminary injunction, the order or injunction shall be dissolved
by the court and be of no further force and effect: Provided further, That
in proper cases the Commission may seek, and after proper proof, the court
may issue, a permanent injunction. Any suit may be brought where such person,
partnership, or corporation resides or transacts business, or wherever venue
is proper under section 1391 of title 28. In addition, the court may, if the
court determines that the interests of justice require that any other person,
partnership, or corporation should be a party in such suit, cause such other
person, partnership, or corporation to be added as a party without regard to
whether venue is otherwise proper in the district in which the suit is brought.
In any suit under this section, process may be served on any person, partnership,
or corporation wherever it may be found.
- (c) Service of process; proof of service
Any process of the Commission under this section may be served by any person
duly authorized by the Commission -
- (1) by delivering a copy of such process to the person to be served, to
a member of the partnership to be served, or to the president, secretary,
or other executive officer or a director of the corporation to be served;
- (2) by leaving a copy of such process at the residence or the principal
office or place of business of such person, partnership, or corporation;
or
- (3) by mailing a copy of such process by registered mail or certified mail
addressed to such person, partnership, or corporation at his, or her, or
its residence, principal office, or principal place or business.
The verified return by the person serving such process setting forth the manner
of such service shall be proof of the same.
- (d) Exception of periodical publications
Whenever it appears to the satisfaction of the court in the case of a newspaper,
magazine, periodical, or other publication, published at regular intervals
-
- (1) that restraining the dissemination of a false advertisement in any
particular issue of such publication would delay the delivery of such issue
after the regular time therefor, and
- (2) that such delay would be due to the method by which the manufacture
and distribution of such publication is customarily conducted by the publisher
in accordance with sound business practice, and not to any method or device
adopted for the evasion of this section or to prevent or delay the issuance
of an injunction or restraining order with respect to such false advertisement
or any other advertisement,
the court shall exclude such issue from the operation of the restraining
order or injunction.
§ 54. False advertisements; penalties
- (a) Imposition of penalties
Any person, partnership, or corporation who violates any provision of section
52(a) of this title shall, if the use of the commodity advertised may be injurious
to health because of results from such use under the conditions prescribed
in the advertisement thereof, or under such conditions as are customary or
usual, or if such violation is with intent to defraud or mislead, be guilty
of a misdemeanor, and upon conviction shall be punished by a fine of not more
than $5,000 or by imprisonment for not more than six months, or by both such
fine and imprisonment; except that if the conviction is for a violation committed
after a first conviction of such person, partnership, or corporation, for any
violation of such section, punishment shall be by a fine of not more than $10,000
or by imprisonment for not more than one year, or by both such fine and imprisonment:
Provided, That for the purposes of this section meats and meat food products
duly inspected, marked, and labeled in accordance with rules and regulations
issued under the Meat Inspection Act (21 U.S.C. 601 et seq.) shall be conclusively
presumed not injurious to health at the time the same leave official ''establishments.''
- (b) Exception of advertising medium or agency
No publisher, radio-broadcast licensee, or agency or medium for the dissemination
of advertising, except the manufacturer, packer, distributor, or seller of
the commodity to which the false advertisement relates, shall be liable under
this section by reason of the dissemination by him of any false advertisement,
unless he has refused, on the request of the Commission, to furnish the Commission
the name and post-office address of the manufacturer, packer, distributor,
seller, or advertising agency, residing in the United States, who caused him
to disseminate such advertisement. No advertising agency shall be liable under
this section by reason of the causing by it of the dissemination of any false
advertisement, unless it has refused, on the request of the Commission, to
furnish the Commission the name and post-office address of the manufacturer,
packer, distributor, or seller, residing in the United States, who caused it
to cause the dissemination of such advertisement.
§ 55. Additional definitions
For the purposes of sections 52 to 54 of this title -
- (a) False advertisement
- (1) The term ''false advertisement'' means an advertisement, other
than labeling, which is misleading in a material respect; and in determining
whether any advertisement is misleading, there shall be taken into
account (among other things) not only representations made or suggested
by statement, word, design, device, sound, or any combination thereof,
but also the extent to which the advertisement fails to reveal facts
material in the light of such representations or material with respect
to consequences which may result from the use of the commodity to which
the advertisement relates under the conditions prescribed in said advertisement,
or under such conditions as are customary or usual. No advertisement
of a drug shall be deemed to be false if it is disseminated only to
members of the medical profession, contains no false representation
of a material fact, and includes, or is accompanied in each instance
by truthful disclosure of, the formula showing quantitatively each
ingredient of such drug.
- (2) In the case of oleomargarine or margarine an advertisement shall
be deemed misleading in a material respect if in such advertisement
representations are made or suggested by statement, word, grade designation,
design, device, symbol, sound, or any combination thereof, that such
oleomargarine or margarine is a dairy product, except that nothing
contained herein shall prevent a truthful, accurate, and full statement
in any such advertisement of all the ingredients contained in such
oleomargarine or margarine.
The term ''food'' means (1) articles used for food or drink for man or other
animals, (2) chewing gum, and (3) articles used for components of any such
article.
The term ''drug'' means (1) articles recognized in the official United States
Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them; and (2) articles
intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man or other animals; and (3) articles (other than food) intended
to affect the structure or any function of the body of man or other animals;
and (4) articles intended for use as a component of any article specified in
clause (1), (2), or (3); but does not include devices or their components,
parts, or accessories.
The term ''device'' (except when used in subsection (a) of this section) means
an instrument, apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any component, part,
or accessory, which is -
- (1) recognized in the official National Formulary, or the United States
Pharmacopeia, or any supplement to them,
- (2) intended for use in the diagnosis of disease or other conditions, or
in the cure, mitigation, treatment, or prevention of disease, in man or other
animals, or
- (3) intended to affect the structure or any function of the body of man
or other animals, and which does not achieve any of its principal intended
purposes through chemical action within or on the body of man or other animals
and which is not dependent upon being metabolized for the achievement of
any of its principal intended purposes.
The term ''cosmetic'' means (1) articles to be rubbed, poured, sprinkled,
or sprayed on, introduced into, or otherwise applied to the human body or any
part thereof intended for cleansing, beautifying, promoting attractiveness,
or altering the appearance, and (2) articles intended for use as a component
of any such article; except that such term shall not include soap.
- (f) Oleomargarine or margarine
For the purposes of this section and section 347 of title 21, the term ''oleomargarine''
or ''margarine'' includes -
- (1) all substances, mixtures, and compounds known as oleomargarine or margarine;
- (2) all substances, mixtures, and compounds which have a consistence similar
to that of butter and which contain any edible oils or fats other than milk
fat if made in imitation or semblance of butter.
§ 56. Commencement, defense, intervention and supervision of litigation
and appeal by Commission or Attorney General
- (a) Procedure for exercise of authority to litigate or appeal
- (1) Except as otherwise provided in paragraph (2) or (3), if -
- (A) before commencing, defending, or intervening in, any civil
action involving this subchapter (including an action to collect
a civil penalty) which the Commission, or the Attorney General
on behalf of the Commission, is authorized to commence, defend,
or intervene in, the Commission gives written notification and
undertakes to consult with the Attorney General with respect
to such action; and
- (B) the Attorney General fails within 45 days after receipt
of such notification to commence, defend, or intervene in, such
action; the Commission may commence, defend, or intervene in,
and supervise the litigation or, such action and any appeal of
such action in its own name by any of its attorneys designated
by it for such purpose.
- (2) Except as otherwise provided in paragraph (3), in any civil action
-
- (A) under section 53 of this title (relating to injunctive
relief);
- (B) under section 57b of this title (relating to consumer redress);
- (C) to obtain judicial review of a rule prescribed by the Commission,
or a cease and desist order issued under section 45 of this title;
or
- (D) under the second paragraph of section 49 of this title
(relating to enforcement of a subpena) and under the fourth paragraph
of such section (relating to compliance with section 46 of this
title);
the Commission shall have exclusive authority to commence or defend,
and supervise the litigation of, such action and any appeal of
such action in its own name by any of its attorneys designated
by it for such purpose, unless the Commission authorizes the Attorney
General to do so. The Commission shall inform the Attorney General
of the exercise of such authority and such exercise shall not preclude
the Attorney General from intervening on behalf of the United States
in such action and any appeal of such action as may be otherwise
provided by law.
- (3)
- (A) If the Commission makes a written request to the Attorney
General, within the 10-day period which begins on the date of
the entry of the judgment in any civil action in which the Commission
represented itself pursuant to paragraph (1) or (2), to represent
itself through any of its attorneys designated by it for such
purpose before the Supreme Court in such action, it may do so,
if -
- (i) the Attorney General concurs with such request; or
- (ii) the Attorney General, within the 60-day period which
begins on the date of the entry of such judgment -
- (a) refuses to appeal or file a petition for writ
of certiorari with respect to such civil action,
in which case he shall give written notification
to the Commission of the reasons for such refusal
within such 60-day period; or
- (b) the Attorney General fails to take any action
with respect to the Commission's request.
- (B) In any case where the Attorney General represents the Commission
before the Supreme Court in any civil action in which the Commission
represented itself pursuant to paragraph (1) or (2), the Attorney
General may not agree to any settlement, compromise, or dismissal
of such action, or confess error in the Supreme Court with respect
to such action, unless the Commission concurs.
- (C) For purposes of this paragraph (with respect to representation
before the Supreme Court), the term ''Attorney General'' includes
the Solicitor General.
- (4) If, prior to the expiration of the 45-day period specified in
paragraph (1) of this section or a 60-day period specified in paragraph
(3), any right of the Commission to commence, defend, or intervene
in, any such action or appeal may be extinguished due to any procedural
requirement of any court with respect to the time in which any pleadings,
notice of appeal, or other acts pertaining to such action or appeal
may be taken, the Attorney General shall have one-half of the time
required to comply with any such procedural requirement of the court
(including any extension of such time granted by the court) for the
purpose of commencing, defending, or intervening in the civil action
pursuant to paragraph (1) or for the purpose of refusing to appeal
or file a petition for writ of certiorari and the written notification
or failing to take any action pursuant to paragraph 3(A)(ii).
- (5) The provisions of this subsection shall apply notwithstanding
chapter 31 of title 28, or any other provision of law.
- (b) Certification by Commission to Attorney General for criminal proceedings
Whenever the Commission has reason to believe that any person, partnership,
or corporation is liable for a criminal penalty under this subchapter, the
Commission shall certify the facts to the Attorney General, whose duty it shall
be to cause appropriate criminal proceedings to be brought.
§ 57. Separability clause
If any provision of this subchapter, or the application thereof to any person,
partnership, or corporation, or circumstance, is held invalid, the remainder
of this subchapter, and the application of such provisions to any other person,
partnership, corporation, or circumstance, shall not be affected thereby.
§ 57a. Unfair or deceptive acts or practices rulemaking proceedings
- (a) Authority of Commission to prescribe rules and general statements
of policy
- (1) Except as provided in subsection (h) of this section, the Commission
may prescribe -
- (A) interpretive rules and general statements of policy with
respect to unfair or deceptive acts or practices in or affecting
commerce (within the meaning of section 45(a)(1) of this title),
and
- (B) rules which define with specificity acts or practices which
are unfair or deceptive acts or practices in or affecting commerce
(within the meaning of section 45(a)(1) of this title), except
that the Commission shall not develop or promulgate any trade
rule or regulation with regard to the regulation of the development
and utilization of the standards and certification activities
pursuant to this section. Rules under this subparagraph may include
requirements prescribed for the purpose of preventing such acts
or practices.
- (2) The Commission shall have no authority under this subchapter,
other than its authority under this section, to prescribe any rule
with respect to unfair or deceptive acts or practices in or affecting
commerce (within the meaning of section 45(a)(1) of this title). The
preceding sentence shall not affect any authority of the Commission
to prescribe rules (including interpretive rules), and general statements
of policy, with respect to unfair methods of competition in or affecting
commerce.
- (b) Procedures applicable
- (1) When prescribing a rule under subsection (a)(1)(B) of this section,
the Commission shall proceed in accordance with section 553 of title
5 (without regard to any reference in such section to sections 556
and 557 of such title), and shall also (A) publish a notice of proposed
rulemaking stating with particularity the text of the rule, including
any alternatives, which the Commission proposes to promulgate, and
the reason for the proposed rule; (B) allow interested persons to submit
written data, views, and arguments, and make all such submissions publicly
available; (C) provide an opportunity for an informal hearing in accordance
with subsection (c) of this section; and (D) promulgate, if appropriate,
a final rule based on the matter in the rulemaking record (as defined
in subsection (e)(1)(B) of this section), together with a statement
of basis and purpose.
- (2)
- (A) Prior to the publication of any notice of proposed rulemaking
pursuant to paragraph (1)(A), the Commission shall publish an
advance notice of proposed rulemaking in the Federal Register.
Such advance notice shall -
- (i) contain a brief description of the area of inquiry
under consideration, the objectives which the Commission
seeks to achieve, and possible regulatory alternatives
under consideration by the Commission; and
- (ii) invite the response of interested parties with respect
to such proposed rulemaking, including any suggestions
or alternative methods for achieving such objectives.
- (B) The Commission shall submit such advance notice of proposed
rulemaking to the Committee on Commerce, Science, and Transportation
of the Senate and to the Committee on Energy and Commerce of
the House of Representatives. The Commission may use such additional
mechanisms as the Commission considers useful to obtain suggestions
regarding the content of the area of inquiry before the publication
of a general notice of proposed rulemaking under paragraph (1)(A).
- (C) The Commission shall, 30 days before the publication of
a notice of proposed rulemaking pursuant to paragraph (1)(A),
submit such notice to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on Energy and
Commerce of the House of Representatives.
- (3) The Commission shall issue a notice of proposed rulemaking pursuant
to paragraph (1)(A) only where it has reason to believe that the unfair
or deceptive acts or practices which are the subject of the proposed
rulemaking are prevalent. The Commission shall make a determination
that unfair or deceptive acts or practices are prevalent under this
paragraph only if -
- (A) it has issued cease and desist orders regarding such acts
or practices, or
- (B) any other information available to the Commission indicates
a widespread pattern of unfair or deceptive acts or practices.
- (c) Informal hearing procedure
The Commission shall conduct any informal hearings required by subsection
(b)(1)(C) of this section in accordance with the following procedure:
- (1)
- (A) The Commission shall provide for the conduct of proceedings under
this subsection by hearing officers who shall perform their functions
in accordance with the requirements of this subsection.
- (B) The officer who presides over the rulemaking proceedings shall
be responsible to a chief presiding officer who shall not be responsible
to any other officer or employee of the Commission. The officer who
presides over the rulemaking proceeding shall make a recommended decision
based upon the findings and conclusions of such officer as to all relevant
and material evidence, except that such recommended decision may be
made by another officer if the officer who presided over the proceeding
is no longer available to the Commission.
- (C) Except as required for the disposition of ex parte matters as
authorized by law, no presiding officer shall consult any person or
party with respect to any fact in issue unless such officer gives notice
and opportunity for all parties to participate.
- (2) Subject to paragraph (3) of this subsection, an interested person is
entitled -
- (A) to present his position orally or by documentary submission (or
both), and
- (B) if the Commission determines that there are disputed issues of
material fact it is necessary to resolve, to present such rebuttal
submissions and to conduct (or have conducted under paragraph (3)(B))
such cross-examination of persons as the Commission determines (i)
to be appropriate, and (ii) to be required for a full and true disclosure
with respect to such issues.
- (3) The Commission may prescribe such rules and make such rulings concerning
proceedings in such hearings as may tend to avoid unnecessary costs or delay.
Such rules or rulings may include (A) imposition of reasonable time limits
on each interested person's oral presentations, and (B) requirements that
any cross-examination to which a person may be entitled under paragraph (2)
be conducted by the Commission on behalf of that person in such manner as
the Commission determines (i) to be appropriate, and (ii) to be required
for a full and true disclosure with respect to disputed issues of material
fact.
- (4)
- (A) Except as provided in subparagraph (B), if a group of persons
each of whom under paragraphs (2) and (3) would be entitled to conduct
(or have conducted) cross-examination and who are determined by the
Commission to have the same or similar interests in the proceeding
cannot agree upon a single representative of such interests for purposes
of cross-examination, the Commission may make rules and rulings (i)
limiting the representation of such interest, for such purposes, and
(ii) governing the manner in which such cross-examination shall be
limited.
- (B) When any person who is a member of a group with respect to which
the Commission has made a determination under subparagraph (A) is unable
to agree upon group representation with the other members of the group,
then such person shall not be denied under the authority of subparagraph
(A) the opportunity to conduct (or have conducted) cross-examination
as to issues affecting his particular interests if (i) he satisfies
the Commission that he has made a reasonable and good faith effort
to reach agreement upon group representation with the other members
of the group and (ii) the Commission determines that there are substantial
and relevant issues which are not adequately presented by the group
representative.
- (5) A verbatim transcript shall be taken of any oral presentation, and
cross-examination, in an informal hearing to which this subsection applies.
Such transcript shall be available to the public.
- (d) Statement of basis and purpose accompanying rule; ''Commission''
defined; judicial review of amendment or repeal of rule; violation of rule
- (1) The Commission's statement of basis and purpose to accompany
a rule promulgated under subsection (a)(1)(B) of this section shall
include (A) a statement as to the prevalence of the acts or practices
treated by the rule; (B) a statement as to the manner and context in
which such acts or practices are unfair or deceptive; and (C) a statement
as to the economic effect of the rule, taking into account the effect
on small business and consumers.
- (2)
- (A) The term ''Commission'' as used in this subsection and
subsections (b) and (c) of this section includes any person authorized
to act in behalf of the Commission in any part of the rulemaking
proceeding.
- (B) A substantive amendment to, or repeal of, a rule promulgated
under subsection (a)(1)(B) of this section shall be prescribed,
and subject to judicial review, in the same manner as a rule
prescribed under such subsection. An exemption under subsection
(g) of this section shall not be treated as an amendment or repeal
of a rule.
- (3) When any rule under subsection (a)(1)(B) of this section takes
effect a subsequent violation thereof shall constitute an unfair or
deceptive act or practice in violation of section 45(a)(1) of this
title, unless the Commission otherwise expressly provides in such rule.
- (e) Judicial review; petition; jurisdiction and venue; rulemaking record;
additional submissions and presentations; scope of review and relief; review
by Supreme Court; additional remedies
- (1)
- (A) Not later than 60 days after a rule is promulgated under
subsection (a)(1)(B) of this section by the Commission, any interested
person (including a consumer or consumer organization) may file
a petition, in the United States Court of Appeals for the District
of Columbia circuit or for the circuit in which such person resides
or has his principal place of business, for judicial review of
such rule. Copies of the petition shall be forthwith transmitted
by the clerk of the court to the Commission or other officer
designated by it for that purpose. The provisions of section
2112 of title 28 shall apply to the filing of the rulemaking
record of proceedings on which the Commission based its rule
and to the transfer of proceedings in the courts of appeals.
- (B) For purposes of this section, the term ''rulemaking record''
means the rule, its statement of basis and purpose, the transcript
required by subsection (c)(5) of this section, any written submissions,
and any other information which the Commission considers relevant
to such rule.
- (2) If the petitioner or the Commission applies to the court for
leave to make additional oral submissions or written presentations
and shows to the satisfaction of the court that such submissions and
presentations would be material and that there were reasonable grounds
for the submissions and failure to make such submissions and presentations
in the proceeding before the Commission, the court may order the Commission
to provide additional opportunity to make such submissions and presentations.
The Commission may modify or set aside its rule or make a new rule
by reason of the additional submissions and presentations and shall
file such modified or new rule, and the rule's statement of basis of
purpose, with the return of such submissions and presentations. The
court shall thereafter review such new or modified rule.
- (3) Upon the filing of the petition under paragraph (1) of this subsection,
the court shall have jurisdiction to review the rule in accordance
with chapter 7 of title 5 and to grant appropriate relief, including
interim relief, as provided in such chapter. The court shall hold unlawful
and set aside the rule on any ground specified in subparagraphs (A),
(B), (C), or (D) of section 706(2) of title 5 (taking due account of
the rule of prejudicial error), or if -
- (A) the court finds that the Commission's action is not supported
by substantial evidence in the rulemaking record (as defined
in paragraph (1)(B) of this subsection) taken as a whole, or
- (B) the court finds that -
- (i) a Commission determination under subsection (c) of
this section that the petitioner is not entitled to conduct
cross-examination or make rebuttal submissions, or
- (ii) a Commission rule or ruling under subsection (c)
of this section limiting the petitioner's cross-examination
or rebuttal submissions, has precluded disclosure of disputed
material facts which was necessary for fair determination
by the Commission of the rulemaking proceeding taken as
a whole. The term ''evidence'', as used in this paragraph,
means any matter in the rulemaking record.
- (4) The judgment of the court affirming or setting aside, in whole
or in part, any such rule shall be final, subject to review by the
Supreme Court of the United States upon certiorari or certification,
as provided in section 1254 of title 28.
- (5)
- (A) Remedies under the preceding paragraphs of this subsection
are in addition to and not in lieu of any other remedies provided
by law.
- (B) The United States Courts of Appeal shall have exclusive
jurisdiction of any action to obtain judicial review (other than
in an enforcement proceeding) of a rule prescribed under subsection
(a)(1)(B) of this section, if any district court of the United
States would have had jurisdiction of such action but for this
subparagraph. Any such action shall be brought in the United
States Court of Appeals for the District of Columbia circuit,
or for any circuit which includes a judicial district in which
the action could have been brought but for this subparagraph.
- (C) A determination, rule, or ruling of the Commission described
in paragraph (3)(B)(i) or (ii) may be reviewed only in a proceeding
under this subsection and only in accordance with paragraph (3)(B).
Section 706(2)(E) of title 5 shall not apply to any rule promulgated
under subsection (a)(1)(B) of this section. The contents and
adequacy of any statement required by subsection (b)(1)(D) of
this section shall not be subject to judicial review in any respect.
- (f) Unfair or deceptive acts or practices by banks, savings and loan
institutions, or Federal credit unions; promulgation of regulations by
Board of Governors of Federal Reserve System, Federal Home Loan Bank Board,
and National Credit Union Administration Board; agency enforcement and
compliance proceedings; violations; power of other Federal agencies unaffected;
reporting requirements
- (1) In order to prevent unfair or deceptive acts or practices in
or affecting commerce (including acts or practices which are unfair
or deceptive to consumers) by banks or savings and loan institutions
described in paragraph (3), each agency specified in paragraph (2)
or (3) of this subsection shall establish a separate division of consumer
affairs which shall receive and take appropriate action upon complaints
with respect to such acts or practices by banks or savings and loan
institutions described in paragraph (3) subject to its jurisdiction.
The Board of Governors of the Federal Reserve System (with respect
to banks) and the Federal Home Loan Bank Board (with respect to savings
and loan institutions described in paragraph (3)) and the National
Credit Union Administration Board (with respect to Federal credit unions
described in paragraph (4)) shall prescribe regulations to carry out
the purposes of this section, including regulations defining with specificity
such unfair or deceptive acts or practices, and containing requirements
prescribed for the purpose of preventing such acts or practices. Whenever
the Commission prescribes a rule under subsection (a)(1)(B) of this
section, then within 60 days after such rule takes effect each such
Board shall promulgate substantially similar regulations prohibiting
acts or practices of banks or savings and loan institutions described
in paragraph (3), or Federal credit unions described in paragraph (4),
as the case may be, which are substantially similar to those prohibited
by rules of the Commission and which impose substantially similar requirements,
unless (A) any such Board finds that such acts or practices of banks
or savings and loan institutions described in paragraph (3), or Federal
credit unions described in paragraph (4), as the case may be, are not
unfair or deceptive, or (B) the Board of Governors of the Federal Reserve
System finds that implementation of similar regulations with respect
to banks, savings and loan institutions or Federal credit unions would
seriously conflict with essential monetary and payments systems policies
of such Board, and publishes any such finding, and the reasons therefor,
in the Federal Register.
- (2) Enforcement. - Compliance with regulations prescribed under this
subsection shall be enforced under section 1818 of title 12, in the
case of -
- (A) national banks, banks operating under the code of law for
the District of Columbia, and Federal branches and Federal agencies
of foreign banks, by the division of consumer affairs established
by the Office of the Comptroller of the Currency;
- (B) member banks of the Federal Reserve System (other than
national banks and banks operating under the code of law for
the District of Columbia), branches and agencies of foreign banks
(other than Federal branches, Federal agencies, and insured State
branches of foreign banks), commercial lending companies owned
or controlled by foreign banks, and organizations operating under
section 25 or 25(a) (FOOTNOTE 1) of the Federal Reserve Act (12
U.S.C. 601 et seq., 611 et seq.), by the division of consumer
affairs established by the Board of Governors of the Federal
Reserve System; and (FOOTNOTE 1) See References in Text note
below.
- (C) banks insured by the Federal Deposit Insurance Corporation
(other (FOOTNOTE 2) banks referred to in subparagraph (A) or
(B)) and insured State branches of foreign banks, by the division
of consumer affairs established by the Board of Directors of
the Federal Deposit Insurance Corporation. (FOOTNOTE 2) So in
original. Probably should be ''(other than''.
- (3) Compliance with regulations prescribed under this subsection
shall be enforced under section 1818 of title 12 with respect to savings
associations as defined in section 1813 of title 12.
- (4) Compliance with regulations prescribed under this subsection
shall be enforced with respect to Federal credit unions under sections
1766 and 1786 of title 12.
- (5) For the purpose of the exercise by any agency referred to in
paragraph (2) of its powers under any Act referred to in that paragraph,
a violation of any regulation prescribed under this subsection shall
be deemed to be a violation of a requirement imposed under that Act.
In addition to its powers under any provision of law specifically referred
to in paragraph (2), each of the agencies referred to in that paragraph
may exercise, for the purpose of enforcing compliance with any regulation
prescribed under this subsection, any other authority conferred on
it by law.
- (6) The authority of the Board of Governors of the Federal Reserve
System to issue regulations under this subsection does not impair the
authority of any other agency designated in this subsection to make
rules respecting its own procedures in enforcing compliance with regulations
prescribed under this subsection.
- (7) Each agency exercising authority under this subsection shall
transmit to the Congress each year a detailed report on its activities
under this paragraph during the preceding calendar year. The terms
used in this paragraph that are not defined in this subchapter or otherwise
defined in section 1813(s) of title 12 shall have the meaning given
to them in section 3101 of title 12.
- (g) Exemptions and stays from application of rules; procedures
- (1) Any person to whom a rule under subsection (a)(1)(B) of this
section applies may petition the Commission for an exemption from such
rule.
- (2) If, on its own motion or on the basis of a petition under paragraph
(1), the Commission finds that the application of a rule prescribed
under subsection (a)(1)(B) of this section to any person or class or
(FOOTNOTE 3) persons is not necessary to prevent the unfair or deceptive
act or practice to which the rule relates, the Commission may exempt
such person or class from all or part of such rule. Section 553 of
title 5 shall apply to action under this paragraph. (FOOTNOTE 3) So
in original. Probably should be ''of''.
- (3) Neither the pendency of a proceeding under this subsection respecting
an exemption from a rule, nor the pendency of judicial proceedings
to review the Commission's action or failure to act under this subsection,
shall stay the applicability of such rule under subsection (a)(1)(B)
of this section.
- (h) Restriction on rulemaking authority of Commission respecting children's
advertising proceedings pending on May 28, 1980
The Commission shall not have any authority to promulgate any rule in the
children's advertising proceeding pending on May 28, 1980, or in any substantially
similar proceeding on the basis of a determination by the Commission that such
advertising constitutes an unfair act or practice in or affecting commerce.
- (i) Meetings with outside parties
- (1) For purposes of this subsection, the term ''outside party'' means
any person other than (A) a Commissioner; (B) an officer or employee
of the Commission; or (C) any person who has entered into a contract
or any other agreement or arrangement with the Commission to provide
any goods or services (including consulting services) to the Commission.
- (2) Not later than 60 days after May 28, 1980, the Commission shall
publish a proposed rule, and not later than 180 days after May 28,
1980, the Commission shall promulgate a final rule, which shall authorize
the Commission or any Commissioner to meet with any outside party concerning
any rulemaking proceeding of the Commission. Such rule shall provide
that -
- (A) notice of any such meeting shall be included in any weekly
calendar prepared by the Commission; and
- (B) a verbatim record or a summary of any such meeting, or
of any communication relating to any such meeting, shall be kept,
made available to the public, and included in the rulemaking
record.
- (j) Communications by investigative personnel with staff of Commission
concerning matters outside rulemaking record prohibited
Not later than 60 days after May 28, 1980, the Commission shall publish a
proposed rule, and not later than 180 days after May 28, 1980, the Commission
shall promulgate a final rule, which shall prohibit any officer, employee,
or agent of the Commission with any investigative responsibility or other responsibility
relating to any rulemaking proceeding within any operating bureau of the Commission,
from communicating or causing to be communicated to any Commissioner or to
the personal staff of any Commissioner any fact which is relevant to the merits
of such proceeding and which is not on the rulemaking record of such proceeding,
unless such communication is made available to the public and is included in
the rulemaking record. The provisions of this subsection shall not apply to
any communication to the extent such communication is required for the disposition
of ex parte matters as authorized by law.
§ 57a-1. Omitted
§ 57b. Civil actions for violations of rules and cease and desist
orders respecting unfair or deceptive acts or practices
- (a) Suits by Commission against persons, partnerships, or corporations;
jurisdiction; relief for dishonest or fraudulent acts
- (1) If any person, partnership, or corporation violates any rule
under this subchapter respecting unfair or deceptive acts or practices
(other than an interpretive rule, or a rule violation of which the
Commission has provided is not an unfair or deceptive act or practice
in violation of section 45(a) of this title), then the Commission may
commence a civil action against such person, partnership, or corporation
for relief under subsection (b) of this section in a United States
district court or in any court of competent jurisdiction of a State.
- (2) If any person, partnership, or corporation engages in any unfair
or deceptive act or practice (within the meaning of section 45(a)(1)
of this title) with respect to which the Commission has issued a final
cease and desist order which is applicable to such person, partnership,
or corporation, then the Commission may commence a civil action against
such person, partnership, or corporation in a United States district
court or in any court of competent jurisdiction of a State. If the
Commission satisfies the court that the act or practice to which the
cease and desist order relates is one which a reasonable man would
have known under the circumstances was dishonest or fraudulent, the
court may grant relief under subsection (b) of this section.
- (b) Nature of relief available
The court in an action under subsection (a) of this section shall have jurisdiction
to grant such relief as the court finds necessary to redress injury to consumers
or other persons, partnerships, and corporations resulting from the rule violation
or the unfair or deceptive act or practice, as the case may be. Such relief
may include, but shall not be limited to, rescission or reformation of contracts,
the refund of money or return of property, the payment of damages, and public
notification respecting the rule violation or the unfair or deceptive act or
practice, as the case may be; except that nothing in this subsection is intended
to authorize the imposition of any exemplary or punitive damages.
- (c) Conclusiveness of findings of Commission in cease and desist proceedings;
notice of judicial proceedings to injured persons, etc.
- (1) If (A) a cease and desist order issued under section 45(b) of
this title has become final under section 45(g) of this title with
respect to any person's, partnership's, or corporation's rule violation
or unfair or deceptive act or practice, and (B) an action under this
section is brought with respect to such person's, partnership's, or
corporation's rule violation or act or practice, then the findings
of the Commission as to the material facts in the proceeding under
section 45(b) of this title with respect to such person's, partnership's,
or corporation's rule violation or act or practice, shall be conclusive
unless (i) the terms of such cease and desist order expressly provide
that the Commission's findings shall not be conclusive, or (ii) the
order became final by reason of section 45(g)(1) of this title, in
which case such finding shall be conclusive if supported by evidence.
- (2) The court shall cause notice of an action under this section
to be given in a manner which is reasonably calculated, under all of
the circumstances, to apprise the persons, partnerships, and corporations
allegedly injured by the defendant's rule violation or act or practice
of the pendency of such action. Such notice may, in the discretion
of the court, be given by publication.
- (d) Time for bringing of actions
No action may be brought by the Commission under this section more than 3
years after the rule violation to which an action under subsection (a)(1) of
this section relates, or the unfair or deceptive act or practice to which an
action under subsection (a)(2) of this section relates; except that if a cease
and desist order with respect to any person's, partnership's, or corporation's
rule violation or unfair or deceptive act or practice has become final and
such order was issued in a proceeding under section 45(b) of this title which
was commenced not later than 3 years after the rule violation or act or practice
occurred, a civil action may be commenced under this section against such person,
partnership, or corporation at any time before the expiration of one year after
such order becomes final.
- (e) Availability of additional Federal or State remedies; other authority
of Commission unaffected
Remedies provided in this section are in addition to, and not in lieu of,
any other remedy or right of action provided by State or Federal law. Nothing
in this section shall be construed to affect any authority of the Commission
under any other provision of law.
§ 57b-1. Civil investigative demands
For purposes of this section:
- (1) The terms ''civil investigative demand'' and ''demand'' mean any demand
issued by the commission under subsection (c)(1) of this section.
- (2) The term ''Commission investigation'' means any inquiry conducted by
a Commission investigator for the purpose of ascertaining whether any person
is or has been engaged in any unfair or deceptive acts or practices in or
affecting commerce (within the meaning of section 45(a)(1) of this title)
or in any antitrust violations.
- (3) The term ''Commission investigator'' means any attorney or investigator
employed by the Commission who is charged with the duty of enforcing or carrying
into effect any provisions relating to unfair or deceptive acts or practices
in or affecting commerce (within the meaning of section 45(a)(1) of this
title) or any provisions relating to antitrust violations.
- (4) The term ''custodian'' means the custodian or any deputy custodian
designated under section 57b-2(b)(2)(A) of this title.
- (5) The term ''documentary material'' includes the original or any copy
of any book, record, report, memorandum, paper, communication, tabulation,
chart, or other document.
- (6) The term ''person'' means any natural person, partnership, corporation,
association, or other legal entity, including any person acting under color
or authority of State law.
- (7) The term ''violation'' means any act or omission constituting an unfair
or deceptive act or practice in or affecting commerce (within the meaning
of section 45(a)(1) of this title) or any antitrust violation.
- (8) The term ''antitrust violation'' means -
- (A) any unfair method of competition (within the meaning of section
45(a)(1) of this title);
- (B) any violation of the Clayton Act (15 U.S.C. 12 et seq.) or of
any other Federal statute that prohibits, or makes available to the
Commission a civil remedy with respect to, any restraint upon or monopolization
of interstate or foreign trade or commerce;
- (C) with respect to the International Antitrust Enforcement Assistance
Act of 1994 (15 U.S.C. 6201 et seq.), any violation of any of the foreign
antitrust laws (as defined in section 12 of such Act (15 U.S.C. 6211))
with respect to which a request is made under section 3 of such Act
(15 U.S.C. 6202); or
- (D) any activity in preparation for a merger, acquisition, joint
venture, or similar transaction, which if consummated, may result in
any such unfair method of competition or in any such violation.
- (b) Actions conducted by Commission respecting unfair or deceptive acts
or practices in or affecting commerce
For the purpose of investigations performed pursuant to this section with
respect to unfair or deceptive acts or practices in or affecting commerce (within
the meaning of section 45(a)(1) of this title); all actions of the Commission
taken under section 46 and section 49 of this title shall be conducted pursuant
to subsection (c) of this section.
- (c) Issuance of demand; contents; service; verified return; sworn certificate;
answers; taking of oral testimony
- (1) Whenever the Commission has reason to believe that any person
may be in possession, custody, or control of any documentary material
or tangible things, or may have any information, relevant to unfair
or deceptive acts or practices in or affecting commerce (within the
meaning of section 45(a)(1) of this title), or to antitrust violations,
the Commission may, before the institution of any proceedings under
this subchapter, issue in writing, and cause to be served upon such
person, a civil investigative demand requiring such person to produce
such documentary material for inspection and copying or reproduction,
to submit such tangible things, to file written reports or answers
to questions, to give oral testimony concerning documentary material
or other information, or to furnish any combination of such material,
answers, or testimony.
- (2) Each civil investigative demand shall state the nature of the
conduct constituting the alleged violation which is under investigation
and the provision of law applicable to such violation.
- (3) Each civil investigative demand for the production of documentary
material shall -
- (A) describe each class of documentary material to be produced
under the demand with such definiteness and certainty as to permit
such material to be fairly identified;
- (B) prescribe a return date or dates which will provide a reasonable
period of time within which the material so demanded may be assembled
and made available for inspection and copying or reproduction;
and
- (C) identify the custodian to whom such material shall be made
available.
- (4) Each civil investigative demand for the submission of tangible
things shall -
- (A) describe each class of tangible things to be submitted
under the demand with such definiteness and certainty as to permit
such things to be fairly identified;
- (B) prescribe a return date or dates which will provide a reasonable
period of time within which the things so demanded may be assembled
and submitted; and
- (C) identify the custodian to whom such things shall be submitted.
- (5) Each civil investigative demand for written reports or answers
to questions shall -
- (A) propound with definiteness and certainty the reports to
be produced or the questions to be answered;
- (B) prescribe a date or dates at which time written reports
or answers to questions shall be submitted; and
- (C) identify the custodian to whom such reports or answers
shall be submitted.
- (6) Each civil investigative demand for the giving of oral testimony
shall -
- (A) prescribe a date, time, and place at which oral testimony
shall be commenced; and
- (B) identify a Commission investigator who shall conduct the
investigation and the custodian to whom the transcript of such
investigation shall be submitted.
- (7)
- (A) Any civil investigative demand may be served by any Commission
investigator at any place within the territorial jurisdiction
of any court of the United States.
- (B) Any such demand or any enforcement petition filed under
this section may be served upon any person who is not found within
the territorial jurisdiction of any court of the United States,
in such manner as the Federal Rules of Civil Procedure prescribe
for service in a foreign nation.
- (C) To the extent that the courts of the United States have
authority to assert jurisdiction over such person consistent
with due process, the United States District Court for the District
of Columbia shall have the same jurisdiction to take any action
respecting compliance with this section by such person that such
district court would have if such person were personally within
the jurisdiction of such district court.
- (8) Service of any civil investigative demand or any enforcement
petition filed under this section may be made upon a partnership, corporation,
association, or other legal entity by -
- (A) delivering a duly executed copy of such demand or petition
to any partner, executive officer, managing agent, or general
agent of such partnership, corporation, association, or other
legal entity, or to any agent of such partnership, corporation,
association, or other legal entity authorized by appointment
or by law to receive service of process on behalf of such partnership,
corporation, association, or other legal entity;
- (B) delivering a duly executed copy of such demand or petition
to the principal office or place of business of the partnership,
corporation, association, or other legal entity to be served;
or
- (C) depositing a duly executed copy in the United States mails,
by registered or certified mail, return receipt requested, duly
addressed to such partnership, corporation, association, or other
legal entity at its principal office or place of business.
- (9) Service of any civil investigative demand or of any enforcement
petition filed under this section may be made upon any natural person
by -
- (A) delivering a duly executed copy of such demand or petition
to the person to be served; or
- (B) depositing a duly executed copy in the United States mails
by registered or certified mail, return receipt requested, duly
addressed to such person at his residence or principal office
or place of business.
- (10) A verified return by the individual serving any civil investigative
demand or any enforcement petition filed under this section setting
forth the manner of such service shall be proof of such service. In
the case of service by registered or certified mail, such return shall
be accompanied by the return post office receipt of delivery of such
demand or enforcement petition.
- (11) The production of documentary material in response to a civil
investigative demand shall be made under a sworn certificate, in such
form as the demand designates, by the person, if a natural person,
to whom the demand is directed or, if not a natural person, by any
person having knowledge of the facts and circumstances relating to
such production, to the effect that all of the documentary material
required by the demand and in the possession, custody, or control of
the person to whom the demand is directed has been produced and made
available to the custodian.
- (12) The submission of tangible things in response to a civil investigative
demand shall be made under a sworn certificate, in such form as the
demand designates, by the person to whom the demand is directed or,
if not a natural person, by any person having knowledge of the facts
and circumstances relating to such production, to the effect that all
of the tangible things required by the demand and in the possession,
custody, or control of the person to whom the demand is directed have
been submitted to the custodian.
- (13) Each reporting requirement or question in a civil investigative
demand shall be answered separately and fully in writing under oath,
unless it is objected to, in which event the reasons for the objection
shall be stated in lieu of an answer, and it shall be submitted under
a sworn certificate, in such form as the demand designates, by the
person, if a natural person, to whom the demand is directed or, if
not a natural person, by any person responsible for answering each
reporting requirement or question, to the effect that all information
required by the demand and in the possession, custody, control, or
knowledge of the person to whom the demand is directed has been submitted.
- (14)
- (A) Any Commission investigator before whom oral testimony
is to be taken shall put the witness on oath or affirmation and
shall personally, or by any individual acting under his direction
and in his presence, record the testimony of the witness. The
testimony shall be taken stenographically and transcribed. After
the testimony is fully transcribed, the Commission investigator
before whom the testimony is taken shall promptly transmit a
copy of the transcript of the testimony to the custodian.
- (B) Any Commission investigator before whom oral testimony
is to be taken shall exclude from the place where the testimony
is to be taken all other persons except the person giving the
testimony, his attorney, the officer before whom the testimony
is to be taken, and any stenographer taking such testimony.
- (C) The oral testimony of any person taken pursuant to a civil
investigative demand shall be taken in the judicial district
of the United States in which such person resides, is found,
or transacts business, or in such other place as may be agreed
upon by the Commission investigator before whom the oral testimony
of such person is to be taken and such person.
- (D)
- (i) Any person compelled to appear under a civil investigative
demand for oral testimony pursuant to this section may
be accompanied, represented, and advised by an attorney.
The attorney may advise such person, in confidence, either
upon the request of such person or upon the initiative
of the attorney, with respect to any question asked of
such person.
- (ii) Such person or attorney may object on the record
to any question, in whole or in part, and shall briefly
state for the record the reason for the objection. An objection
may properly be made, received, and entered upon the record
when it is claimed that such person is entitled to refuse
to answer the question on grounds of any constitutional
or other legal right or privilege, including the privilege
against self-incrimination. Such person shall not otherwise
object to or refuse to answer any question, and shall not
himself or through his attorney otherwise interrupt the
oral examination. If such person refuses to answer any
question, the Commission may petition the district court
of the United States pursuant to this section for an order
compelling such person to answer such question.
- (iii) If such person refuses to answer any question on
grounds of the privilege against self-incrimination, the
testimony of such person may be compelled in accordance
with the provisions of section 6004 of title 18.
- (E)
- (i) After the testimony of any witness is fully transcribed,
the Commission investigator shall afford the witness (who
may be accompanied by an attorney) a reasonable opportunity
to examine the transcript. The transcript shall be read
to or by the witness, unless such examination and reading
are waived by the witness. Any changes in form or substance
which the witness desires to make shall be entered and
identified upon the transcript by the Commission investigator
with a statement of the reasons given by the witness for
making such changes. The transcript shall then be signed
by the witness, unless the witness in writing waives the
signing, is ill, cannot be found, or refuses to sign.
- (ii) If the transcript is not signed by the witness during
the 30-day period following the date upon which the witness
is first afforded a reasonable opportunity to examine it,
the Commission investigator shall sign the transcript and
state on the record the fact of the waiver, illness, absence
of the witness, or the refusal to sign, together with any
reasons given for the failure to sign.
- (F) The Commission investigator shall certify on the transcript
that the witness was duly sworn by him and that the transcript
is a true record of the testimony given by the witness, and the
Commission investigator shall promptly deliver the transcript
or send it by registered or certified mail to the custodian.
- (G) The Commission investigator shall furnish a copy of the
transcript (upon payment of reasonable charges for the transcription)
to the witness only, except that the Commission may for good
cause limit such witness to inspection of the official transcript
of his testimony.
- (H) Any witness appearing for the taking of oral testimony
pursuant to a civil investigative demand shall be entitled to
the same fees and mileage which are paid to witnesses in the
district courts of the United States.
- (d) Procedures for demand material
Materials received as a result of a civil investigative demand shall be subject
to the procedures established in section 57b-2 of this title.
- (e) Petition for enforcement
Whenever any person fails to comply with any civil investigative demand duly
served upon him under this section, or whenever satisfactory copying or reproduction
of material requested pursuant to the demand cannot be accomplished and such
person refuses to surrender such material, the Commission, through such officers
or attorneys as it may designate, may file, in the district court of the United
States for any judicial district in which such person resides, is found, or
transacts business, and serve upon such person, a petition for an order of
such court for the enforcement of this section. All process of any court to
which application may be made as provided in this subsection may be served
in any judicial district.
- (f) Petition for order modifying or setting aside demand
- (1) Not later than 20 days after the service of any civil investigative
demand upon any person under subsection (c) of this section, or at
any time before the return date specified in the demand, whichever
period is shorter, or within such period exceeding 20 days after service
or in excess of such return date as may be prescribed in writing, subsequent
to service, by any Commission investigator named in the demand, such
person may file with the Commission a petition for an order by the
Commission modifying or setting aside the demand.
- (2) The time permitted for compliance with the demand in whole or
in part, as deemed proper and ordered by the Commission, shall not
run during the pendency of such petition at the Commission, except
that such person shall comply with any portions of the demand not sought
to be modified or set aside. Such petition shall specify each ground
upon which the petitioner relies in seeking such relief, and may be
based upon any failure of the demand to comply with the provisions
of this section, or upon any constitutional or other legal right or
privilege of such person.
- (g) Custodial control of documentary material, tangible things, reports,
etc.
At any time during which any custodian is in custody or control of any documentary
material, tangible things, reports, answers to questions, or transcripts of
oral testimony given by any person in compliance with any civil investigative
demand, such person may file, in the district court of the United States for
the judicial district within which the office of such custodian is situated,
and serve upon such custodian, a petition for an order of such court requiring
the performance by such custodian of any duty imposed upon him by this section
or section 57b-2 of this title.
- (h) Jurisdiction of court
Whenever any petition is filed in any district court of the United States
under this section, such court shall have jurisdiction to hear and determine
the matter so presented, and to enter such order or orders as may be required
to carry into effect the provisions of this section. Any final order so entered
shall be subject to appeal pursuant to section 1291 of title 28. Any disobedience
of any final order entered under this section by any court shall be punished
as a contempt of such court.
- (i) Commission authority to issue subpoenas or make demand for information
Notwithstanding any other provision of law, the Commission shall have no authority
to issue a subpoena or make a demand for information, under authority of this
subchapter or any other provision of law, unless such subpoena or demand for
information is signed by a Commissioner acting pursuant to a Commission resolution.
The Commission shall not delegate the power conferred by this section to sign
subpoenas or demands for information to any other person.
- (j) Applicability of this section
The provisions of this section shall not -
- (1) apply to any proceeding under section 45(b) of this title, any proceeding
under section 11(b) of the Clayton Act (15 U.S.C. 21(b)), or any adjudicative
proceeding under any other provision of law; or
- (2) apply to or affect the jurisdiction, duties, or powers of any agency
of the Federal Government, other than the Commission, regardless of whether
such jurisdiction, duties, or powers are derived in whole or in part, by
reference to this subchapter.
§ 57b-2. Confidentiality
For purposes of this section:
- (1) The term ''material'' means documentary material, tangible things,
written reports or answers to questions, and transcripts of oral testimony.
- (2) The term ''Federal agency'' has the meaning given it in section 552(e)
(FOOTNOTE 1) of title 5. (FOOTNOTE 1) See References in Text note below.
- (b) Procedures respecting documents, tangible things, or transcripts
of oral testimony received pursuant to compulsory process or investigation
- (1) With respect to any document, tangible thing, or transcript of
oral testimony received by the Commission pursuant to compulsory process
in an investigation, a purpose of which is to determine whether any
person may have violated any provision of the laws administered by
the Commission, the procedures established in paragraph (2) through
paragraph (7) shall apply.
- (2)
- (A) The Commission shall designate a duly authorized agent
to serve as custodian of documentary material, tangible things,
or written reports or answers to questions, and transcripts of
oral testimony, and such additional duly authorized agents as
the Commission shall determine from time to time to be necessary
to serve as deputies to the custodian.
- (B) Any person upon whom any demand for the production of documentary
material has been duly served shall make such material available
for inspection and copying or reproduction to the custodian designated
in such demand at the principal place of business of such person
(or at such other place as such custodian and such person thereafter
may agree or prescribe in writing or as the court may direct
pursuant to section 57b-1(h) of this title) on the return date
specified in such demand (or on such later date as such custodian
may prescribe in writing). Such person may upon written agreement
between such person and the custodian substitute copies for originals
of all or any part of such material.
- (3)
- (A) The custodian to whom any documentary material, tangible
things, written reports or answers to questions, and transcripts
of oral testimony are delivered shall take physical possession
of such material, reports or answers, and transcripts, and shall
be responsible for the use made of such material, reports or
answers, and transcripts, and for the return of material, pursuant
to the requirements of this section.
- (B) The custodian may prepare such copies of the documentary
material, written reports or answers to questions, and transcripts
of oral testimony, and may make tangible things available, as
may be required for official use by any duly authorized officer
or employee of the Commission under regulations which shall be
promulgated by the Commission. Notwithstanding subparagraph (C),
such material, things, and transcripts may be used by any such
officer or employee in connection with the taking of oral testimony
under this section.
- (C) Except as otherwise provided in this section, while in
the possession of the custodian, no documentary material, tangible
things, reports or answers to questions, and transcripts of oral
testimony shall be available for examination by any individual
other than a duly authorized officer or employee of the Commission
without the consent of the person who produced the material,
things, or transcripts. Nothing in this section is intended to
prevent disclosure to either House of the Congress or to any
committee or subcommittee of the Congress, except that the Commission
immediately shall notify the owner or provider of any such information
of a request for information designated as confidential by the
owner or provider.
- (D) While in the possession of the custodian and under such
reasonable terms and conditions as the Commission shall prescribe
-
- (i) documentary material, tangible things, or written
reports shall be available for examination by the person
who produced the material, or by any duly authorized representative
of such person; and
- (ii) answers to questions in writing and transcripts
of oral testimony shall be available for examination by
the person who produced the testimony or by his attorney.
- (4) Whenever the Commission has instituted a proceeding against a
person, partnership, or corporation, the custodian may deliver to any
officer or employee of the Commission documentary material, tangible
things, written reports or answers to questions, and transcripts of
oral testimony for official use in connection with such proceeding.
Upon the completion of the proceeding, the officer or employee shall
return to the custodian any such material so delivered which has not
been received into the record of the proceeding.
- (5) If any documentary material, tangible things, written reports
or answers to questions, and transcripts of oral testimony have been
produced in the course of any investigation by any person pursuant
to compulsory process and -
- (A) any proceeding arising out of the investigation has been
completed; or
- (B) no proceeding in which the material may be used has been
commenced within a reasonable time after completion of the examination
and analysis of all such material and other information assembled
in the course of the investigation; then the custodian shall,
upon written request of the person who produced the material,
return to the person any such material which has not been received
into the record of any such proceeding (other than copies of
such material made by the custodian pursuant to paragraph (3)(B)).
- (6) The custodian of any documentary material, written reports or
answers to questions, and transcripts of oral testimony may deliver
to any officers or employees of appropriate Federal law enforcement
agencies, in response to a written request, copies of such material
for use in connection with an investigation or proceeding under the
jurisdiction of any such agency. The custodian of any tangible things
may make such things available for inspection to such persons on the
same basis. Such materials shall not be made available to any such
agency until the custodian received certification of any officer of
such agency that such information will be maintained in confidence
and will be used only for official law enforcement purposes. Such documentary
material, results of inspections of tangible things, written reports
or answers to questions, and transcripts of oral testimony may be used
by any officer or employee of such agency only in such manner and subject
to such conditions as apply to the Commission under this section. The
custodian may make such materials available to any State law enforcement
agency upon the prior certification of any officer of such agency that
such information will be maintained in confidence and will be used
only for official law enforcement purposes.
- (7) In the event of the death, disability, or separation from service
in the Commission of the custodian of any documentary material, tangible
things, written reports or answers to questions, and transcripts of
oral testimony produced under any demand issued under this subchapter,
or the official relief of the custodian from responsibility for the
custody and control of such material, the Commission promptly shall
-
- (A) designate under paragraph (2)(A) another duly authorized
agent to serve as custodian of such material; and
- (B) transmit in writing to the person who produced the material
or testimony notice as to the identity and address of the successor
so designated. Any successor designated under paragraph (2)(A)
as a result of the requirements of this paragraph shall have
(with regard to the material involved) all duties and responsibilities
imposed by this section upon his predecessor in office with regard
to such material, except that he shall not be held responsible
for any default or dereliction which occurred before his designation.
- (c) Information considered confidential
- (1) All information reported to or otherwise obtained by the Commission
which is not subject to the requirements of subsection (b) of this
section shall be considered confidential when so marked by the person
supplying the information and shall not be disclosed, except in accordance
with the procedures established in paragraph (2) and paragraph (3).
- (2) If the Commission determines that a document marked confidential
by the person supplying it may be disclosed because it is not a trade
secret or commercial or financial information which is obtained from
any person and which is privileged or confidential, within the meaning
of section 46(f) of this title, then the Commission shall notify such
person in writing that the Commission intends to disclose the document
at a date not less than 10 days after the date of receipt of notification.
- (3) Any person receiving such notification may, if he believes disclosure
of the document would cause disclosure of a trade secret, or commercial
or financial information which is obtained from any person and which
is privileged or confidential, within the meaning of section 46(f)
of this title, before the date set for release of the document, bring
an action in the district court of the United States for the district
within which the documents are located or in the United States District
Court for the District of Columbia to restrain disclosure of the document.
Any person receiving such notification may file with the appropriate
district court or court of appeals of the United States, as appropriate,
an application for a stay of disclosure. The documents shall not be
disclosed until the court has ruled on the application for a stay.
- (d) Particular disclosures allowed
- (1) The provisions of subsection (c) of this section shall not be
construed to prohibit -
- (A) the disclosure of information to either House of the Congress
or to any committee or subcommittee of the Congress, except that
the Commission immediately shall notify the owner or provider
of any such information of a request for information designated
as confidential by the owner or provider;
- (B) the disclosure of the results of any investigation or study
carried out or prepared by the Commission, except that no information
shall be identified nor shall information be disclosed in such
a manner as to disclose a trade secret of any person supplying
the trade secret, or to disclose any commercial or financial
information which is obtained from any person and which is privileged
or confidential;
- (C) the disclosure of relevant and material information in
Commission adjudicative proceedings or in judicial proceedings
to which the Commission is a party; or
- (D) the disclosure to a Federal agency of disaggregated information
obtained in accordance with section 3512 (FOOTNOTE 1) of title
44, except that the recipient agency shall use such disaggregated
information for economic, statistical, or policymaking purposes
only, and shall not disclose such information in an individually
identifiable form.
- (2) Any disclosure of relevant and material information in Commission
adjudicative proceedings or in judicial proceedings to which the Commission
is a party shall be governed by the rules of the Commission for adjudicative
proceedings or by court rules or orders, except that the rules of the
Commission shall not be amended in a manner inconsistent with the purposes
of this section.
- (e) Effect on other statutory provisions limiting disclosure
Nothing in this section shall supersede any statutory provision which expressly
prohibits or limits particular disclosures by the Commission, or which authorizes
disclosures to any other Federal agency.
- (f) Exemption from disclosure
Any material which is received by the Commission in any investigation, a purpose
of which is to determine whether any person may have violated any provision
of the laws administered by the Commission, and which is provided pursuant
to any compulsory process under this subchapter or which is provided voluntarily
in place of such compulsory process shall be exempt from disclosure under section
552 of title 5.
§ 57b-3. Rulemaking process
For purposes of this section:
- (1) The term ''rule'' means any rule promulgated by the Commission under
section 46 or section 57a of this title, except that such term does not include
interpretive rules, rules involving Commission management or personnel, general
statements of policy, or rules relating to Commission organization, procedure,
or practice. Such term does not include any amendment to a rule unless the
Commission -
- (A) estimates that such amendment will have an annual effect on the
national economy of $100,000,000 or more;
- (B) estimates that such amendment will cause a substantial change
in the cost or price of goods or services which are used extensively
by particular industries, which are supplied extensively in particular
geographic regions, or which are acquired in significant quantities
by the Federal Government, or by State or local governments; or
- (C) otherwise determines that such amendment will have a significant
impact upon persons subject to regulation under such amendment and
upon consumers.
- (2) The term ''rulemaking'' means any Commission process for formulating
or amending a rule.
- (b) Notice of proposed rulemaking; regulatory analysis; contents; issuance
- (1) In any case in which the Commission publishes notice of a proposed
rulemaking, the Commission shall issue a preliminary regulatory analysis
relating to the proposed rule involved. Each preliminary regulatory
analysis shall contain -
- (A) a concise statement of the need for, and the objectives
of, the proposed rule;
- (B) a description of any reasonable alternatives to the proposed
rule which may accomplish the stated objective of the rule in
a manner consistent with applicable law; and
- (C) for the proposed rule, and for each of the alternatives
described in the analysis, a preliminary analysis of the projected
benefits and any adverse economic effects and any other effects,
and of the effectiveness of the proposed rule and each alternative
in meeting the stated objectives of the proposed rule.
- (2) In any case in which the Commission promulgates a final rule,
the Commission shall issue a final regulatory analysis relating to
the final rule. Each final regulatory analysis shall contain -
- (A) a concise statement of the need for, and the objectives
of, the final rule;
- (B) a description of any alternatives to the final rule which
were considered by the Commission;
- (C) an analysis of the projected benefits and any adverse economic
effects and any other effects of the final rule;
- (D) an explanation of the reasons for the determination of
the Commission that the final rule will attain its objectives
in a manner consistent with applicable law and the reasons the
particular alternative was chosen; and
- (E) a summary of any significant issues raised by the comments
submitted during the public comment period in response to the
preliminary regulatory analysis, and a summary of the assessment
by the Commission of such issues.
- (3)
- (A) In order to avoid duplication or waste, the Commission
is authorized to -
- (i) consider a series of closely related rules as one
rule for purposes of this subsection; and
- (ii) whenever appropriate, incorporate any data or analysis
contained in a regulatory analysis issued under this subsection
in the statement of basis and purpose to accompany any
rule promulgated under section 57a(a)(1)(B) of this title,
and incorporate by reference in any preliminary or final
regulatory analysis information contained in a notice of
proposed rulemaking or a statement of basis and purpose.
- (B) The Commission shall include, in each notice of proposed
rulemaking and in each publication of a final rule, a statement
of the manner in which the public may obtain copies of the preliminary
and final regulatory analyses. The Commission may charge a reasonable
fee for the copying and mailing of regulatory analyses. The regulatory
analyses shall be furnished without charge or at a reduced charge
if the Commission determines that waiver or reduction of the
fee is in the public interest because furnishing the information
primarily benefits the general public.
- (4) The Commission is authorized to delay the completion of any of
the requirements established in this subsection by publishing in the
Federal Register, not later than the date of publication of the final
rule involved, a finding that the final rule is being promulgated in
response to an emergency which makes timely compliance with the provisions
of this subsection impracticable. Such publication shall include a
statement of the reasons for such finding.
- (5) The requirements of this subsection shall not be construed to
alter in any manner the substantive standards applicable to any action
by the Commission, or the procedural standards otherwise applicable
to such action.
- (c) Judicial review
- (1) The contents and adequacy of any regulatory analysis prepared
or issued by the Commission under this section, including the adequacy
of any procedure involved in such preparation or issuance, shall not
be subject to any judicial review in any court, except that a court,
upon review of a rule pursuant to section 57a(e) of this title, may
set aside such rule if the Commission has failed entirely to prepare
a regulatory analysis.
- (2) Except as specified in paragraph (1), no Commission action may
be invalidated, remanded, or otherwise affected by any court on account
of any failure to comply with the requirements of this section.
- (3) The provisions of this subsection do not alter the substantive
or procedural standards otherwise applicable to judicial review of
any action by the Commission.
- (d) Regulatory agenda; contents; publication dates in Federal Register
- (1) The Commission shall publish at least semiannually a regulatory
agenda. Each regulatory agenda shall contain a list of rules which
the Commission intends to propose or promulgate during the 12-month
period following the publication of the agenda. On the first Monday
in October of each year, the Commission shall publish in the Federal
Register a schedule showing the dates during the current fiscal year
on which the semiannual regulatory agenda of the Commission will be
published.
- (2) For each rule listed in a regulatory agenda, the Commission shall
-
- (A) describe the rule;
- (B) state the objectives of and the legal basis for the rule;
and
- (C) specify any dates established or anticipated by the Commission
for taking action, including dates for advance notice of proposed
rulemaking, notices of proposed rulemaking, and final action
by the Commission.
- (3) Each regulatory agenda shall state the name, office address,
and office telephone number of the Commission officer or employee responsible
for responding to any inquiry relating to each rule listed.
- (4) The Commission shall not propose or promulgate a rule which was
not listed on a regulatory agenda unless the Commission publishes with
the rule an explanation of the reasons the rule was omitted from such
agenda.
§ 57b-4. Good faith reliance on actions of Board of Governors
- (a) ''Board of Governors'' defined
For purposes of this section, the term ''Board of Governors' means the Board
of Governors'' of the Federal Reserve System.
Notwithstanding any other provision of law, if -
- (1) any person, partnership, or corporation engages in any conduct or practice
which allegedly constitutes a violation of any Federal law with respect to
which the Board of Governors of the Federal Reserve System has rulemaking
authority; and
- (2) such person, partnership, or corporation engaged in such conduct or
practice in good faith reliance upon, and in conformity with, any rule, regulation,
statement of interpretation, or statement of approval prescribed or issued
by the Board of Governors under such Federal law; then such good faith reliance
shall constitute a defense in any administrative or judicial proceeding commenced
against such person, partnership, or corporation by the Commission under
this subchapter or in any administrative or judicial proceeding commenced
against such person, partnership, or corporation by the Attorney General
of the United States, upon request made by the Commission, under any provision
of law.
- (c) Applicability of subsection (b)
The provisions of subsection (b) of this section shall apply regardless of
whether any rule, regulation, statement of interpretation, or statement of
approval prescribed or issued by the Board of Governors is amended, rescinded,
or held to be invalid by judicial authority or any other authority after a
person, partnership, or corporation has engaged in any conduct or practice
in good faith reliance upon, and in conformity with, such rule, regulation,
statement of interpretation, or statement of approval.
- (d) Request for issuance of statement or interpretation concerning conduct
or practice
If, in any case in which -
- (1) the Board of Governors has rulemaking authority with respect to any
Federal law; and
- (2) the Commission is authorized to enforce the requirements of such Federal
law; any person, partnership, or corporation submits a request to the Board
of Governors for the issuance of any statement of interpretation or statement
of approval relating to any conduct or practice of such person, partnership,
or corporation which may be subject to the requirements of such Federal law,
then the Board of Governors shall dispose of such request as soon as practicable
after the receipt of such.
§ 57b-5. Agricultural cooperatives
(a) The Commission shall not have any authority to conduct any study, investigation,
or prosecution of any agricultural cooperative for any conduct which, because
of the provisions of sections 291 and 292 of title 7, is not a violation of
any of the antitrust Acts or this subchapter.
(b) The Commission shall not have any authority to conduct any study or investigation
of any agricultural marketing orders.
§ 57c. Authorization of appropriations
There are authorized to be appropriated to carry out the functions, powers,
and duties of the Commission not to exceed $92,700,000 for fiscal year 1994;
not to exceed $99,000,000 for fiscal year 1995; and not to exceed $102,000,000
for fiscal year 1996.
§ 58. Short title
This subchapter may be cited as the ''Federal Trade Commission Act''.