2200
PUBLIC LAW 93-637-J AN. 4, 1975
[88
STAT.
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. "Attorney Gen"(C) For purposes of thls paragraph (with respect to representation before the Supreme Court), the term 'Attorney General' includes the Solicitor General. "(4) If, prior to the expiration of the 45-day period specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have onehalf of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of commencing, defending, or intervening in the civil action pursuant to paragraph (1) or for the purpose of refusing to appeal or file a petition for writ of certiorari and the written notification or failing to take any action pursuant to paragraph 3(A) (ii). "(5) The provisions of this subsection shall apply notwithstanding 28 USC 501. chapter 31 of title 28, United States Code, or any other provision of law. "(b) Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this Act, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought." IS use 45. (^i^) Section 5(m) of such Act is repealed. 15 USC 56 note. (^Q) Xhc amendment and repeal made by this section shall not apply to any civil action commenced before the date of enactment of this Act. CIVIL P E N A L T I E S FOR K NOW I N G
VIOLATIONS
SEC. 205. (a) Section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after subsection (1) the following new subsection: " (m)(l)(A) The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which violates any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of
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