Page:United States Statutes at Large Volume 95.djvu/749

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 723

remedy provided under an order issued under subsection (b), and the person subject to the order shall reimburse each person (other than a manufacturer, distributor, or dealer) who is entitled to such a remedy for any reasonable and foreseeable expenses incurred by such person in availing himself of such remedy. "(2) An order issued under subsection (a) or (b) with respect to an article or substance may require any person who is a manufacturer, distributor, or dealer of the article or substance to reimburse any other person who is a manufacturer,' distributor, or dealer of such article or substance for such other person's expenses in connection with carrying out the order, if the Commission determines such reimbursement to be in the public interest. "(d) An order under subsection (a) or (b) may be issued only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code, except that, if the Commission determines that any person who wishes to participate in such hearing is a part of a class of participants who share an identity of interest, the Commission may limit such person's participation in such hearing to participation through a single representative designated by such class (or by the Commission if such class fails to designate such a representative).". (2) Section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) is amended by adding at the end the following: "(j) The failure to comply with an order issued under section 15.". ^"^te, p. 722. (g) The table of contents is amended by striking out the items relating to sections 13 and 28, and inserting in lieu thereof the following: "Sec. 13. Repealed."

and "Sec. 28. Chronic hazards advisory panel.",

respectively. (h)(1) Section 11(c) (15 U.S.C. 2060(c)) is amended by striking out "section 9(c)" and inserting in lieu thereof "sections 9(f)(1) and 9(f)(3)". (2) Section 11(a) is amended by striking out "9(a)(2)" and inserting in lieu thereof "9(d)(2)". (3)(A) Section 11 is amended by adding at the end thereof the following: "(f) For purposes of this section and sections 23(a) and 24, a reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) 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 23(a) (15 U.S.C. 2072(a)) is amended by striking out "10(e)(4)" and inserting in lieu thereof "11(f)". (C) Section 24 (15 U.S.C. 2074) is amended by striking out "10(e)(4)" 15 USC 2073. and inserting in lieu thereof "11(f)". (4) Section 15(g)(1) (15 U.S.C. 2064(g)(1)) is amended by inserting ", Science and Transportation" immediately after "on Commerce", and by striking out "section 12(e)(1)" and inserting in lieu thereof "section 12(c)(1)".

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