legislation: 94-s-3384
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| 94-s-3384 | 94 | s | 3384 | Consumer Protection Act | Commerce | 1976-05-05 | 1976-05-06 | Referred jointly to Senate Committees on Government Operations; and Commerce. | Senate | Sen. Pearson, James B. [R-KS] | KS | R | P000166 | 0 | Consumer Protection Act - Establishes within each Federal agency an Office of Consumer Counsel headed by a Consumer Counsel appointed by the President by and with the advice and consent of the Senate, independent of all other offices of the agency of which such Counsel is a part. States that each Consumer Counsel shall represent the interests of consumers within and before the agency of which his Office is a part and before the courts by intervening in any court action involving such agency when such Counsel determines that such intervention is necessary to protect consumers' interests. Permits such Counsel to initiate a civil action on its own behalf or as the representative of an aggrieved consumer. Prohibits the intervention by such Counsel in proceedings before State or local agencies and courts. Requires each Counsel to transmit consumer complaints against his agency to the proper official for appropriate action. Requires such Counsel to maintain a public document file of each such consumer complaint and the action taken with respect to such complaint. Requires that each Counsel compile and distrubute to the public consumer information including: (1) the functions of his Office; (2) consumer products and services; (3) problems encountered by consumers; and (4) notices of consumer-impacting hearings, proposed and final rules and orders, and other activities of the agency of which such Office is a part. Directs each Counsel to conduct and support research concerning the interests of consumers which does not duplicate activities of other agencies. Allows each Counsel to obtain from any Federal agency any information deemed necessary to carry out the performance of functions, except specified classified, national security, personal privacy, trade secret, and financial information. Requires that all information released by such Counsel be accurate, legally disclosable, and fair. States that where the release of such information may cause substantial injury to a person, such person must be given ten days to comment or seek injunctive relief unless immediate release is necessary to protect the health or safety of the public. Requires each Consumer Counsel to submit a monthly activities report to the head of the Federal agency of which the Office is a part. Requires submission to the President and Congress of an annual report of such activities. Creates, within the Department of Justice, the position of Assistant Attorney General for Consumer Protection, to be appointed by the President by and with the advice and consent of the Senate, to coordinate and assist the Offices of Consumer Counsel. Exempts from this Act specified agencies including: (1) the Central Intelligence Agency; (2) the Federal Bureau of Investigation; and (3) the broadcast renewal proceedings of the Federal Communications Commission. Authorizes to be appropriated $500,000 for each Office of Consumer Counsel for fiscal year 1976; $125,000 for the period July 1, 1976, through September 30, 1976; and $500,000 for fiscal year 1977. Requires the Comptroller General to report to Congress between 30 and 36 months after the effective date of this Act concerning the efficiency and effectiveness of the Offices of Consumer Counsel and the Comptroller General's recommendations with respect to legislation concerning such Offices. Requires each agency to issue rules to the extent not already in effect relating to the rights of individuals to participate in agency proceedings for the purpose of representing their interests. Requires each agency to prepare a cost-benefit analysis of each rule it promulgates or of any legislation it proposes to Congress which is likely to have a substantial economic impact. Requires that such analyses concerning agency rules be conducted and reported pursuant to rules promulgated by the President under this Act. Instructs the Comptroller General to study and report to Congress within three years of this Act's effective date the advantages and disadvantages of such cost-benefit statements and the extent to which Federal agencies conform to this Act by preparing such statements. Makes all provisions of this Act, except those concerning cost-benefit statements, effective 90 days after enactment. | 2025-09-02T18:52:21Z |