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S. 642

State and Local Enforcement Act

(Reported to Senate from the Committee on Commerce with amendment, S. Rept. 94-564)

Federal Trade Commission Amendments - Permits any person, partnership, or corporation ordered by the FTC to cease and desist from any act or practice to obtain review of the order in the Court of Appeals of the United States for the circuit within which such person, partnership, or corporation resides or has its principal place of business.

Grants to the Federal Trade Commission authority to require care labeling with respect to the outer coverings for upholstered products.

Expands the scope of the Clayton Act to "include discriminatory acts in or affecting commerce.

Prohibits under the Federal Trade Commission Act the requiring of approval by other agencies of any appointments or the espousal of particular positions or programs by prospective employees as a prerequisite for appointment.

Directs the Commission to submit budget estimates or requests simultaneously to both the President and the Congress without prior approval.

Provides that orders to cease and desist shall become effective 60 days after the order is served. Sets forth the conditions under which an order may be stayed.

Establishes guidelines for the issuance, amendment, or repeal of rules by the Commission where interested persons have petitioned the Commission for such action. Allows appeal to the appropriate district court where the Commission has taken either negative or no action with respect to such petitions.

Imposes civil penalties for failure to obey subpenas or other orders from the Commission requiring access to documentary evidence. Restricts the power of the courts to stay the accumulation of such penalties.

Referred jointly to House Committees on the Judiciary; and Interstate and Foreign Commerce.

Sen. Moss, Frank E. [D-UT](D-UT)Sponsor
3committees
Dec 16, 197501
(Reported to Senate from the Committee on Commerce with amendment, S. Rept. 94-564)

Federal Trade Commission Amendments - Permits any person, partnership, or corporation ordered by the FTC to cease and desist from any act or practice to obtain review of the order in the Court of Appeals of the United States for the circuit within which such person, partnership, or corporation resides or has its principal place of business.

Grants to the Federal Trade Commission authority to require care labeling with respect to the outer coverings for upholstered products.

Expands the scope of the Clayton Act to "include discriminatory acts in or affecting commerce.

Prohibits under the Federal Trade Commission Act the requiring of approval by other agencies of any appointments or the espousal of particular positions or programs by prospective employees as a prerequisite for appointment.

Directs the Commission to submit budget estimates or requests simultaneously to both the President and the Congress without prior approval.

Provides that orders to cease and desist shall become effective 60 days after the order is served. Sets forth the conditions under which an order may be stayed.

Establishes guidelines for the issuance, amendment, or repeal of rules by the Commission where interested persons have petitioned the Commission for such action. Allows appeal to the appropriate district court where the Commission has taken either negative or no action with respect to such petitions.

Imposes civil penalties for failure to obey subpenas or other orders from the Commission requiring access to documentary evidence. Restricts the power of the courts to stay the accumulation of such penalties.

Feb 7, 197500

Provides that the functions of the Federal Trade Commission with respect to the issuance and service of complaints may be exercised by bureau and regional directors designated by the Commission.

Declares that if any person, partnership, or corporation violates any rule which is promulgated by the Commission with respect to unfair or deceptive acts or practices, then either the Attorney General of the State in which such act or practice occurred, or any person directly affected by such violation may commence a civil action against such violator.

Requires any Attorney General bringing such a civil action to notify the Commission, and its appropriate regional office, of the theory and alleged facts of the action within 10 days of filing the action. Requires any person directly affected by a violation and commencing such a civil action to notify the appropriate State Attorney General.

Provides that in such an action brought by an Attorney General, the Commission may intervene as a matter of right. Provides that in such an action brought by an individual, the appropriate State Attorney General may intervene as a matter of right.

Authorizes the court trying such a suit to grant such relief as it finds necessary to redress injury which resulted as a consequence of the violation.

Authorizes the governing body on Indian reservations to develop regulations to eliminate or preclude unfair or deceptive acts and practices in commerce.

Declares that the governing body of Indian reservations shall have the exclusive authority to license traders as a prerequisite to the operation of trading establishments.

Directs the Commission to coordinate local, State, and Federal trade regulation and enforcement activities.

Repeals the exemption of outer coverings of furnitute, mattresses, and box springs from the textile fiber identification requirements of the Federal Trade Commission Act.

Empowers and directs the Commission to prevent common carriers, air carriers and foreign air carriers subject to the Federal Aviation Act of 1958, from using unfair methods of competition in or affecting commerce.

Declares that no officer or agency of the United States, other than the Civil Service Commission, shall have any authority to require the Chairman or the Commission to obtain approval of the employment or promotion of any individual yby the Commission.

Declares that the Congress shall exercise continuing oversight over the activities of the Commission.

Requires the Commission to submit concurrently to the Congress any budget information or legislative comments submitted to the President or the Office of Management and Budget.