§ 56. Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1914

   Pub. L. 75–311 § 16 · 52 Stat. 606

   Enacted · 15 U.S.C. § 56

   Sept. 26, 1914, ch. 311, § 16, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114

   Source evidence

   Code source credit
   Sept. 26, 1914, ch. 311, § 16, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114

2. 1973

   Pub. L. 93–153 title IV § 408(g) · 87 Stat. 576

   Inserted · 15 U.S.C. § 56

   Pub. L. 93–153 inserted provisions authorizing the Federal Trade Commission to itself cause appropriate proceedings to be brought after compliance with the requirements of section 45(m) of this title

   Source evidence

   Code amendment note
   Pub. L. 93–153 inserted provisions authorizing the Federal Trade Commission to itself cause appropriate proceedings to be brought after compliance with the requirements of section 45(m) of this title.

   Enacted provision · exact public law section
   (g) Section 16 of the Federal Trade Commission Act (15 U.S.C. 56) is amended to read as follows: “Sec. 16. Whenever the Federal Trade Commission has reason to believe that any person, partnership, or corporation is liable to a penalty under section 14 or under subsection (I) of section 5 of this 15 USC 54. Supra. Act, it shall— “(a) certify the facts to the Attorney General, whose duty it shall be to cause appropriate proceedings to be brought for the enforcement of the provisions of such section or subsection; or “(b) after compliance with the requirements with section 5 (m), itself cause such appropriate proceedings to be brought.”

3. 1975

   Magnuson-Moss Warranty—Federal Trade Commission Improvement Act

   Pub. L. 93–637 title II § 204(a) · 88 Stat. 2184

   Substituted · 15 U.S.C. § 56

   Pub. L. 93–637 substituted provisions authorizing the Commission at its election to appear in court by its own name and designate its attorneys for such purpose, for provisions relating to the certification of facts by the Commission to the Attorney General who brought the appropriate proceedings, or, after compliance with section 45(m) of this title, itself brought the appropriate proceedings

   Source evidence

   Code amendment note
   Pub. L. 93–637 substituted provisions authorizing the Commission at its election to appear in court by its own name and designate its attorneys for such purpose, for provisions relating to the certification of facts by the Commission to the Attorney General who brought the appropriate proceedings, or, after compliance with section 45(m) of this title, itself brought the appropriate proceedings.

   Enacted provision · exact public law section
   (a) Section 16 of the Federal Trade Commission Act is 15 USC 56. amended to read as follows: “Sec. 16. (a) (1) Except as otherwise provided in paragraph (2) or (3), if— “(A) before commencing, defending, or intervening in, any civil action involving this Act (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and “(B) the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action; the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. “(2) Except as otherwise provided in paragraph (3), in any civil action— “(A) under section 13 of this Act (relating to injunctive 15 USC 53. relief); “(B) under section 19 of this Act (relating to consumer Post, p. 2201. redress); “(C) to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under section 5 of this Act; or 15 USC 45. “(D) under the second paragraph of section 9 of this Act 15 USC 49. (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 6 of this Act); the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law. “(3) (A) If the Commission makes a written request to the Attorney General, within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the Commission 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 “Attorney General.” 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, United States Code, or any other provision of 28 USC 501. 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.”

   Effective date note
   Pub. L. 93–637, title II, § 204(c), Jan. 4, 1975, 88 Stat. 2200, provided that: “The amendment and repeal made by this section [amending this section and repealing section 45(m) of this title] shall not apply to any civil action commenced before the date of enactment of this Act [Jan. 4, 1975].”

4. 2006

   Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006

   Pub. L. 109–455 § 7(b) · 120 Stat. 3372

   Repealed · 15 U.S.C. § 56(a)(2)(E)

   Pub. L. 109–455, § 7(b), which added subpar. (E) reading “under section 57b–2a of this title;”, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(2)(E). Pub. L. 109–455, § 7(b), which added subpar. (E) reading “under section 57b–2a of this title;”, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended— (1) in subparagraph (C) by striking “or” after the semicolon; (2) in subparagraph (D) by inserting “or” after the semicolon; and (3) by inserting after subparagraph (D) the following: “(E) under section 21A of this Act;” .

5. 2006

   Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006

   Pub. L. 109–455 § 5 · 120 Stat. 3372

   Repealed · 15 U.S.C. § 56(c)

   Pub. L. 109–455, § 5, which added subsec. (c) relating to attorneys used and money expended for foreign litigation, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–455, § 5, which added subsec. (c) relating to attorneys used and money expended for foreign litigation, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below.

   Enacted provision · exact public law section
   SEC. 5. REPRESENTATION IN FOREIGN LITIGATION.   Section 16 of the Federal Trade Commission Act (15 U.S.C. 56) is amended by adding at the end the following: “(c) Foreign Litigation.— “(1) Commission attorneys.— With the concurrence of the Attorney General, the Commission may designate Commission attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the Commission has an interest. “(2) Reimbursement for foreign counsel.— The Commission is authorized to expend appropriated funds, upon agreement with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts and for expenses related to litigation in foreign courts in which the Commission has an interest. “(3) Limitation on use of funds.— Nothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by section 1304 of title 31, United States Code. “(4) Other authority.— The authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General.” .

6. 2012

   Pub. L. 112–203 § 1 · 126 Stat. 1484

   Amended · 15 U.S.C. § 56

   Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment notes below

   Source evidence

   Code amendment note
   Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment notes below.

   Enacted provision · exact public law section
   SECTION 1. EXTENSION OF THE U.S. SAFE WEB ACT OF 2006.   Section 13 of the U.S. SAFE WEB Act of 2006 (Public Law 109–455; 15 U.S.C. 44 note) is amended to read as follows: “SEC. 13. SUNSET.   “Effective Repeal. September 30, 2020, this Act, and the amendments made by this Act, are repealed, and any provision of law amended by this Act shall be amended to read as if this Act had not been enacted into law.” .

5 of 6 references resolved to an enrolled provision · 1 partial