Page:United States Statutes at Large Volume 90 Part 1.djvu/557

 PUBLIC LAW 94-284—MAY 11, 1976

90 STAT. 507

paragraph and sections 11(c), 23(a), and 24, a reasonable attorney's 15 USC 2060, fee is a fee (A) which is based upon (i) the actual time expended by ^072, 2073. an attorney in providing advice and other legal services in connection with representing a person in an action brought under this subsection, and (ii) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (B) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.". (b) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by inserting after the first sentence the following: "A court may in the interest of justice include in such relief an award of the costs of suit, including reasonable attorneys' fees (determined in accordance with section 10(e)(4) and reasonable expert witnesses'fees. Attorneys'fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28, United States Code, or any other provision of law.". (c) Section 23(a) of such Act (15 U.S.C. 2072(a)) is amended (1) by striking out "and shall" and inserting in lieu thereof "shall", and (2) by striking out ", and the cost of suit, including a reasonable attorney's fee, if considered appropriate in the discretion of the court." and inserting in lieu thereof ", and may, if the court determines it to be u5 in the interest of justice, recover the costs of suit, including reasonable attorneys' fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses' fees.". (d) Section 24 of such Act (15 U.S.C. 2073) is amended by striking out the last sentence and inserting in lieu thereof the following: "In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys' fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses' fees.". CIVIL LITIGATION

SEC. 11. (a) The third sentence of section 11(a) of the Consumer Product Safety Act (15 U.S.C. 2060(a)) is amended to read as follows: "The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. United States Code.". (b) The second sentence of section 22(a) of such Act (15 U.S.C. 2071(a)) is amended by striking out "(with the concurrence of the Attorney General)" and inserting in lieu thereof "(without regard to section 27(b)(7)(A)) ". (c) Section 27(b)(7) of such Act (15 U.S.C. 2076(b)(7)) is amended to read as follows: "(7) to— "(A) initiate, prosecute, defend, or appeal (other than to the Supreme Court of the United States), through its own legal representative and in the name of the Commission, any civil action if the Commission makes a written request to the • Attorney General for representation in such civil action and the Attorney General does not within the 45-day period beginning on the date such request was made notify the Commission in writing that the Attorney General will represent the Commission in such civil action, and "(B) initiate, prosecute, or appeal, through its own legal representative, with the concurrence of the Attorney General or through the Attorney General, any criminal action, for the purpose of enforcing the laws subject to its jurisdiction;".

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