CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100190007-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 19, 2016
• Document Release Date: April 14, 2005
• Sequence Number: 7
• Publication Date: May 15, 1975
• Content Type: OPEN

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16 May 1975
George--
Several items of interest regarding
legislation from Thursday's RECORD.
The Senate passed S. 200, which establishes
a nonregulatory agency for consumer
advocacy to represent the interests of
consumers in Federal agency and court
proceedings. Section 16(a) of the bill
exempts CIA and other intelligence
agencies. The bill is attached.
The House began debate on H. R. 6674,
Fiscal 1976 Defense Authorization bill.
The committee bill has no sections
restricting CIA and so far no amendments
to that effect have been offered on the
floor. The RECORD also indicates the
House will recess Thursday, May 22nd,
and return Monday, June 2nd.
{ ~~
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 S 8422
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CONGRESSIONAL RECORD -SENATE May 15, 1975
The result was announced-yeas 61,
nays 28, as follows:
[Rolicall Vote No. 184 Leg.]
YEAS-61
Abourezk Hart, Gary W. Moss
Beall Hart, Philip A. Muskie
Bentsen Hartke Nelson
Biden Haskell Packwood
Brock Hatfield Pastore
Brooke Hathaway Pearson
Bumpers Hollings Pell
Burdick Huddleston Percy
Cannon Humphrey Proxmire
Case Inouye Randolph
Chiles Jackson Ribicoff
Church Javits Roth
Clark Kennedy Schweiker
Cranston Leahy . Scott, Hugh
Culver Magnuson Stafford
Dole Mathias Stevens
Domenici McGovern Stone
Eagleton McIntyre Weicker
Fong Mondale Williams
Ford Montoya
Glenn Morgan
NAYS-28
Allen Garn Nunn
Bartlett Goldwater Scott,
Bellmon Griffin William L.
Buckley Hansen Sparkman
Byrd, Helms Stennis
Harry F., Jr. Hruska Symington -
Byrd, Robert C. Laxalt Taft
Curtis Long Talmadge
Eastland McClellan Tower
Fannin McClure Young
PRESENT AND GIVING A LIVE PAIR,
AS PREVIOUSLY RECORDED-
Mansfield, for.
NOT VOTING-9
Baker Johnston Stevenson
Bayh McGee Thurmond
ee bill (S. 200) was passed., as fol-
S.200
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Consumer Protec-
tion Act of 1975".
STATEMENT OF FINDINGS AND PURPOSES
SEc. 2. (a) The Congress finds that the in-
terests of consumers are inadequately repre-
sented and protected within the Federal
Government; that regulations have been
adopted and statutes have been enact-
ed by the Federal Government without
first securing available information as to the
estimated costs and benefits of such regula-
tions and statutes; and that vigorous repre-
sentation and protection of the interests of
consumers are essential to the fair and ef-
ficient functioning of a free market economy.
Each year, as a result of this lack of effective
representation before Federal agencies and
courts, consumers suffer personal injury,
economic harm, and other adverse conse-
quences in the course of acquiring and using
goods and services available in the market-
place. Federal programs which fail to provide
benefits that are commensurate with the
costs thereof may be a factor in the economic
problems of the United States.
(b) The Congress therefore declares that-
(1) A governmental organization to rep-
resent the interests of consumers before
Federal agencies and courts could help the
agencies in the exercise of their statutory re-
sponsibilities in a manner consistent with
the public interest and with effective and re-
sponsive government. It is the purpose of
this Act to protect and promote the interests
of the people of the United States as con-
sumers of goods and services which are made
available to them through commerce or
which affect commerce by so establishing
an independent Agency for Consumer Ad-
vocacy.
(2) It is the purpose of the Agency for
Consumer Advocacy to represent the inter-
ests of consumers before Federal agencies
and courts, receive and transmit consumer
complaints, develop and disseminate infor-
mation of interest to consumers, and per-
form other functions to protect and promote
the interests of consumers. The authority
of the Agency to carry out this purpose shall
not be construed to supersede, supplant, or
replace the jurisdiction, functions, or powers
of any other agency to discharge its own stat-
utory responsibilities according to law.
(3) It is the purpose of this Act to pro
mote protection of consumers with respect
to the-
(A) safety, quality, purity, potency, health-
fulness; durability, preference, reparability,
effectiveness, dependability, availability, and
cost of any real or personal property or tang-
ible or intangible goods, services, or credit;
(B) preservation of consumer choice and
a competitive market;
(C) price, and adequacy of supply of goods
and services;
(D) prevention of unfair or deceptive trade
practices;
(E) maintenance of truthfulness and fair-
ness in the. advertising, promotion, and sale
by a producer, distributor, lender, retailer,
or other supplier of such property, goods,
services, and credit;
(F) furnishing of full, accurate, and clear
instructions, warnings, and other informa-
tion by any such supplier concerning such
property, goods, services, and credit;
(G) protection of the legal rights and
remedies of consumers; and
(H) providing of estimates of the costs
and benefits of programs and activities estab-
lished by Federal Government regulations
and legislation.
(4) It is the purpose of section 24 of this
Act to establish a means for estimating in
advance the costs and benefits of Federal leg-
islation or rules that have substantial eco-
nomic, Impact, and to prevent the adoption
of Government programs which entail un-
reasonable or excessive costs,
(5) This Act should be so interpreted by
the executive branch and the courts so as
to implement the intent of Congress to pro-
tect and promote the interests of consumers,
and to achieve the foregoing purposes.
ESTABLISHMENT
SEC. c. (a) There is hereby established as
an independent agency of the United States
within the executive branch of the Govern-
ment the Agency for Consumer Advocacy.
The Agency shall be directed and adminis-
tered by an Administrator who shall be ap-
pointed by the President, by and with the
advice and consent of the Senate, for a term
coterminous with the term of the President,
not to exceed four years. The Administrator
shall be an individual who by reason of
training, experience, and attainments is ex-
ceptionally qualified to represent the inter-
ests of consumers. There shall be in the
Agency a Deputy Administrator who shall be
appointed by the President, by and with the
advice and consent of the Senate. The Dep-
uty Administrator shall perform such func-
tions, powers, and duties as may be pre-
scribed from time to time by the Adminis-
trator and shall act for, and exercise the
powers of, the Administrator during the ab-
sence or disability of, or in the event of a
vacancy in the office of, the Administrator.
scribed from time to time by the Adminis-
trator shall continue in office until he is re-
appointed or his successor is appointed and
qualifies. The Administrator may be removed
by the President for inefficiency, neglect of
duty or malfeasance. in office.
(b) No employee of the Agency while serv-
ing in such. position may engage in any busi-
ness, vocation, other employment, or have
other interests, inconsistent with his official
responsibilities.
(c) There shall be in the Agency a General
Counsel who shall be appointed by the
Administrator
(d) The Administrator is authorized to
appoint within the Agency not to exceed five
Assistant Administrators.
POWERS AND DUTIES OF THE ADMINISTRATOR
SEc. 4. (a) The Administrator shall be re-
sponsible for the exercise of the powers and
the discharge of the duties of the Agency,
and shall have the authority to direct and
supervise all personnel and activities thereof.
(b) In addition to any other authority
conferred upon him by this Act, the Admin-
istrator is authorized, in carrying out his
functions under this Act, to-
(1) subject to the civil service and classi-
fication laws, select, appoint, employ, and
fix the compensation of such officers and em-
ployees as are necessary to carry out the pro-
visions of this Act and to prescribe their
authority and duties;
(2) employ experts and consultants in ac-
cordance with section 3109 of title 5, United
States Code, and compensate individuals so
employed for each day (including traveltime)
at rates not in excess of the maximum rate of
pay for Grade GS-18 as provided in section
5332 of title 5, United States Code, and while
such experts and consultants are so serving
away from their homes or regular place of
business, pay such employees travel expenses
and per diem in lieu of subsistence at rates
authorized by section 5703 of title 5, United
States Code, for persons in Government serv-
ice employed intermittently;
(3) appoint advisory committees composed
of such private citizens, including consum-
ers and business representatives, and officials
of the Federal, State, and local governments
as he deems desirable to advise him with re-
spect to his functions under this Act, and pay
such members (other than those regularly
employed by the Federal Government) while
attending meetings of such committees or
otherwise serving at the request of the Ad-
ministrator compensation and travel expenses
at the rate provided for in paragraph (2) of
this subsection with respect to experts and
consultants: Provided, That all meetings of
such committees shall be open to the public
and interested persons shall be permitted to
attend, appear before, or file statements with
any advisory committee, subject to such rea-
sonable rules or regulations as the Adminis-
trator may prescribe;
(4) promulgate, in accordance with the
applicable provisions of the Administrative
Procedure Act, title 5, United States Code,
such rules, regulations, and procedures as
may be necessary to carry out the provisions
of this Act, and assure fairness to all persons
affected by the Agency's actions, and to dele-
gate authority for the performance of any
function to any officer or employee under his
direction and supervision;
(5) utilize, with their consent, the services,
personnel, and facilities of other Federal
agencies and of State, regional, local, and pri-
vate agencies and instrumentalities, with or
without reimbursement therefor, and to
transfer funds made available under this Act
to Federal, State, regional, local, and private
agencies and instrumentalities as reimburse-
ment for utilization of such services, person-
nel, and facilities;
(6) enter into and perform such contracts,
leases, cooperative agreements, or other
transactions as may be necessary to carry out
the provisions of this Act, on such terms as
the Administrator may deem appropriate,
with any agency or instrumentality of the
United States, with any State, or any politi-
cal subdivision thereof, or with any person;
(7) accept voluntary and uncompensated
services, notwithstanding the provisions of
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May 5, 1975 CONGRESSIONAL RECORD -SENATE
mulgate any binding regulations, but
'9ixxnply s ould be allowed to intervene as
of,advo ,,ate before other Federal agen-
ciesa#pnd departments in support of con-
sumeii Lterests.
In ad.tion, there are two features of
S. 200 tl-A have helped me quiet misgiv-
from section which gives the Agency
power tc, direct`- terrogatories to busi-
nesses a.;out acti 'es that affect the in-
terest o consumer mall business, in
my view should be fred and encour-
upon th larger conglome
dustrial power. -
went. 'I he purpose of this statement
would bo to make explicit consideration
by the a ency of costs and benefits that
would big occasioned by the issuance of
its prop )sed rule, as opposed to those
costs and benefits that would accrue if
the rule were not issued. Industry, labor,
and the ?eneral public alike in this coun-
try have long suffered from an excess of
duplicat ve and suffocating economic
regulations.
Section 24 of this bill would be a warn-
ing signi,l to all Federal agencies not to
issue new rules and regulations without
first carefully considering the costs and
benefits that such rules and regulations
would produce. This approach, I trust,
will caul. the Federal Government to be
much mre careful in the future about
increasix. g the level of regulation of pri-
vate and business' activity.
Mr. President, I point out also that
the ACA. under S. 200, would be a tem-
porary agency only. Funds are authorized
to be appropriated for its operation for
a period of only 3 fiscal years. I am by
no meats committed to vote to renew
the life of this Agency at the expiration
of this i itial term, and if the Agency's
contribu ton to the welfare of consumers
is not substantial, I would find it impos-
sible to d o so.
Mr. G ~,ENN. M'r. President, when we
vote on anal passage of S. 200, I intend
to vote tar the bill. The legislation is an
importat t consumer protection measure.
I view e itablishment of the Agency for
Consumer Advocacy, however, as merely
part of a larger effort toward the reform
of Feder it regulatory agencies which, in
my opit ion, in many instances have
failed to carry out the functions assigned
to them. In fact, if the regulatory agen-
cies had been properly doing the con-
sumer r -presentation job that is their
mandate it is questionable whether the
ACA would be necessary today. This un-
settled s tuation has had an adverse ef-
fect on he businesses which are regu-
lated ana upon the American public.
We ne rd to take a hard look at our reg-
ulatory c ystem, a look which already has
bipartisan support - emphasizing how
itnportaiti it has become. The President
has pros used a "regulatory summit" to
consider problems in this area, and re
cently I reported to the Senate on behalf
of the Senate Committee on Governmen
Operations a resolution which provider
for an in-depth study of our whole regu-
latory system by the Senate Committe,
on Government Operations and the Sen
ate Commerce Committee. This reassess
ment is vital, for it strikes at the roo:
problem.
I think it would be wrong to look upoi
the establishment of an Agency for Con
Sumer Advocacy as a final solution to thr
problems in this area. Indeed, the pas -
sage of S. 200 must not permit us to tak=
our eye off the real problem, the reform
of the regulatory agencies themselves
The bill provides a 3-year life for the
ACA during which time the other pro-
posed legislation should provide ai
ample look at the basic regulatory prob-
lem, with an evaluation of the ACA a
the end of that time. The Agency now
appears to be essential for adequats
n light of this overall reassessment.
found
work
able to su
S. I wish to engage this
resources in the marketplace
more affluent fellow citizens.
S 8421
marketing and distribution system, that
the poor lack the necessary cash with
which to make quantity purchases of
food; that the low-income consumer. by
virtue of being poor, does not have access
to credit under the standards imposed
by most reputable businesses:: that the
poor pay more for lower quality produce;
and if they can buy furniture or hard
goods at all, that these purchases are
usually at exorbitant prices on credit
terms which leave then even deeper in
debt, does the floor manager expect that
the proposed ACA, particularly, under
sections 6, 7, 8, and 9 of the bill shall
devote special attention to the needs and
interests of the low-income consumer?
Mr. RIBICOFF. I most certainly do.
Mr. MATHIAS. I anticipated receiving
the answers which the distinguished
manager has given. For the purpose of
establishing legislative history, however,
I did wish to have this exchange with
the managers to make it clear that the
ACA Is being established for all con-
sumers and will not become an agency
to represent the needs and interests of
solely the middle class and more affluent
citizenry.
The PRESIDING OFFICER. The bill
is open to further amendment. If there
be no further amendment to be proposed,
the question is on the engrossment and
third reading of the bill.
The bill was ordered to be engrossed
for a third reading, and was read the
third time.
The PRESIDING OFFICER. The ques-
tion is, Shall the bill pass? The yeas and
nays have been ordered, and the clerk
will call the roll.
Mr. MANSFIELD (after having voted
in the affirmative). On this vote I have
a pair with the distinguished Senator
from South Carolina (Mr. THURMOND).
If he were present and voting, he would
vote "nay." If I were permitted to vote,
I would vote "yea." Therefore, I with-
American consumer are inadequate) mat the senator iron inauana uvir.
represented and protected within th,;~ k BAYH), the Senator from Alaska (Mr.
to the fair and efficient functioning of ;-6 ut uvir. MvxcGEE), the senator from
free-market economy. As a result of thi= Mo ana (Mr_ METCAL:?), and the Sen_
sh s
an independent necess ily absent.
Consumer Advocacy acy e as
fore Federal agencies and courts, re- on official b iness.
ceive and transmit consumer com- On this vo the Senator from Cali-
plaints, develop and disseminate infor- fornia (Mr. T" EY) is paired with the
mation of interest to consumers, and Senator from Lo Tana (Mr. JOHNSTON).
perform other functions to protect an' If present and Noting, the Senator
promote the interests of consumers. from California wo d vote "yea" and
My question is this: Is it the expecta the Senator from Lo 'siana would vote
sors of S. 200 that the Agency for I further announce tha if present and
Consumer Advocacy will vigorously rep- voting, the Senator from llinois (Mr.
resent the interests of low-income con- STEVENSON) and the Senator om Alaska
sumers to at least the same extent tha:
the ACA will represent more aifluen:
consumers?
Mr. RIBICOFF. The Senator from
Maryland is absolutely correct.
Mr. MATHIAS. Given the fact tha
the low-income consumer's needs are no
being adequately met by the present
be unnecessary or does no-
during the 3-year life spar
(Mr. GRAVEL) would each vote?iyea."
Mr. GRIFFIN. I announce that the
Senator from Tennessee (Mr. BAKER)
and the Senator from South Carolina
(Mr. THURMOND) are necessarily absent.
I further announce that, if present
and voting, the Senator from Tennessee
(Mr. BAKER) would vote "yea."
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.May . 15, 1975 CONGRESSIONAL RECORD -SENATE
section 3679(b) of the Revised Statutes (31
U.S.C. (b)) ;
(8) adopt an -official seal, which shall be
judicially noticed;
(9) establish such regional offices as the
Administrator determines to be necessary to
serve the interests of consumers;
(10) conduct conferences and hearings
and otherwise secure data and expression of.
opinion;
(11) accept unconditional gifts or dona-
tions of services, money or property, real, per-
sonal, or mixed, tangible or intangible;
(12) designate representatives to serve or
assist on such committees as he may deter-
mine to be necessary to maintain effective
liaison with Federal agencies and with State
and local agencies carrying out programs and
activities related to the interests of con-
sumers; and
(13) perform such other administrative ac-
tivities as may be necessary for the effective
fulfillment of his-duties and functions.
(c) Upon request made by the Adminis-
trator, each Federal agency is authorized and
directed to make its services, personnel, and
facilities available to the greatest practicable
extent within its capability to the Agency in
the performance of its functions. An agency
shall not be required to provide such serv-
ices, personnel,- or 'facilities to the Adminis-
trator where to do so would seriously affect
in an adverse manner the agency's ability to
carry out its responsibilities, including any
responsibility the agency has to protect the
public health or safety.
(d) The Administrator shall prepare and
submit simultaneously to the Congress and
the President, not later than April 1 of each
year beginning April 1, 1976, an annual re-
port, which shall include a description and
analysis of-
(1) the activities of the Agency, including
its representation of the interests of con-
sumers before Federal agencies and Federal
courts;
(2) the major Federal agency actions and
Federal court decisions affecting the interests
of consumers;
(3) the assistance given the Agency by
other Federal agencies in carrying out the
purposes-of this Act.
(4) the performance of Federal agencies
and the adequacy of their resources in en-
forcing consumer protection laws and in
otherwise protecting the interests of con-
sumers, and the prospective results of alter-
native consumer protection programs;
(5) the appropriation by Congress for the
Agency, the distribution of appropriated
funds for the current fiscal year, and a gener-
al estimate of the resource requirements of
the Agency for each of the next three fiscal
years; and
(6) the extent of participation by consum-
ers in Federal agency activities, and the ef-
fectiveness of the- representation of consum-
ers before Federal agencies, together. with
recommendations for new legislation, new
budget authority for the Agency, and admin-
istrative actions to deal with problems dis-
cussed in the report, to protect and repre-
sent the interests of consumers more effec-
tively, and to carry out the purposes of this
Act.
FUNCTIONS OF THE AGENCY
SEC. 5. (a) The Agency shall, in the per-
formance of its functions, advise the Con-
gress and the President as to matters affect-
ing the interests of consumers; and shall
protect and promote the interests of the
people of the United States as consumers of
goods and services made available to them
through the trade and commerce of the
United States.
(b) The functions of the Administrator
shall be to-
(1) represent the interests of consumers
before Federal agencies and courts to the
extent authorized by this Act;
(2) conduct and support research, studies,
and testing to the extent authorized in sec-
tion. 9 of this Act;
(3) submit recommendations annually to
the Congress and the President on measures
to improve the operation of the Federal Gov-
ernment in the protection and promotion of
the interests of consumers;
(4) obtain information and publish and
distribute material developed in carrying out
his responsibilities under this Act in order
to inform consumers of matters of interest
to them, to the extent authorized in this Act;
(5) receive, transmit to the appropriate
agencies and persons, and make publicly
available consumer complaints to the extent
authorized in section 7 of this Act.
(6) conduct conferences, surveys, and in-
vestigations, including economic surveys,
concerning the needs, interests, and problems
of consumers: Provided, That such confer-
ences, surveys, or investigations are not du-
plicative in significant degree of similar ac-
tivities conducted by other Federal agencies;
(7) cooperate with State and local govern-
ments and encourage private enterprise in the.
promotion and protection of the interests of
consumers;
(8) keep the appropriate committees of
Congress fully and currently informed of all
the Agency's activities, when asked or on his
own initiative;
(9) publish, in language readily under-
standable by consumers, a consumer register
which shall set forth the time, place, and
subject matters of actions by Congress, Fed-
eral agencies, and Federal courts, and other
information useful to consumers;
(10) encourage the adoption and expansion
of effective consumer education programs;
(11) encourage the application and use of
new technology, including patents and in-
ventions, for the promotion and protection of
the interests of consumers;
(12) encourage the development of in-
formal dispute settlement procedures in-
volving consumers;
(13) encourage meaningful participation
by consumers in the activities of the Agency;
(14) promote the consumer interests of
farmers in obtaining a full supply of goods
and services at a fair and equitable price;
. (15) coordinate its activities with the ac-
tivities of other executive departments and
agencies with respect to consumers; and
(16) perform such other related activities
as he deems necessary for the effective ful-
fillment of his duties and functions.
REPRESENTATION OF CONSUMERS
SEC. 6. (a) (1) Whenever the Administra-
tor determines that the result of any Fed-
eral agency proceeding or activity may sub-
sta vtially affect an interest of consumers, he
may as of right intervene as a party or other-
wise participate for the purpose of represent-
ing an interest of consumers, as provided in
paragraph (2) or (3) of this subsection. In
any proceeding, the Administrator shall re-
frain from intervening as a party, unless he
determines that such intervention is neces-
sary to represent adequately an interest of
consumers. The Administrator shall comply
with Federal agency statutes and rules of
procedure of general applicability governing
the timing of intervention or participation in
such proceeding or activity and, upon inter..
verdng or participating therein, shall com-
ply with laws and agency rules of procedure
of general applicability governing the con??
duct thereof. The intervention or participa.?
tion of the Administrator in any Federal
agency proceeding or activity shall not affect
the obligation of the Federal agency conduct-
ing such proceeding or activity to assure pro..
cedural fairness to all participants.
(2) Whenever the Administrator deter-
mines that the result of any Federal agency
proceeding which is subject to the provisions
of section 553, 554, 556, or 557 of title 5,
United States Code, relating to administra?.
S8423
tive procedure, or which involves a hearing
pursuant to the administrative procedural
requirements of any other statute, regula-
tion, or practice, or which is conducted on
the record after opportunity for any agency
hearing, or which provides for public notice
and opportunity for comment, may substan-
tially affect an interest of consumers, he may
as of right intervene as a party or otherwise
participate for the purpose of representing an
interest of consumers in such proceeding.
(3) With respect to any Federal agency
proceeding not covered by paragraph (2) of
this subsection, or any other Federal agency
activity, which the Administrator determines
may substantially affect an interest of con-
sumers, the Administrator may participate
by presenting written or oral submissions,
and the Federal agency shall give full con-
sideration to such submissions of the Ad-
ministrator. Such submissions shall be pre-
sented in an orderly manner and without
causing undue delay. Such submission need
not be simultaneous with that of any other
person.
(b) At such time as the Administrator de-
termines to intervene or participate in a
Federal agency proceeding under subsection
(a) (2) of this section, he shall issue publicly
a written statement setting forth his find-
ings under subsection (a) (1), stating con-
cisely the specific interest of consumers to
be protected. Upon intervening or participat-
ing he shall file a copy of his statement in
the proceeding.
(c) To the extent that any person, if ag-
grieved, would by law have such right, the
Administrator shall have the right, in ac-
cordance with the following provisions of
this subsection, to initiate or participate in
any Federal court proceeding -involving a
Federal agency action-
(1) The Administrator may, as ? of right,
and in the manner prescribed bylaw, initiate
any civil proceeding in a Federal court which
involves the review of a Federal agency ac-
tion that the Administrator determines may
substantially affect an interest of consumers.
If the Administrator did not intervene or
otherwise participate in the Federal agency
proceeding or activity out of which such
agency action arose, the Administrator, be-
fore initiating a proceeding to obtain judicial
review; shall petition such agency for rehear-
ing or reconsideration thereof, if the statutes
or rules governing such agency specifically
authorize rehearing or reconsideration. Such
petition shall be filed within sixty days after
the Federal agency action involved, or within
such longer period as may be allowed by ap-
plicable procedures. The Administrator may
immediately initiate a judicial review pro-
ceeding if the Federal agency does not finally
act upon such petition within sixty days
after the filing thereof, or at such earlier
time as may be necessary to preserve the
Administrator's right to obtain effective judi-
cial review of the Federal agency action.
Where the Administrator did not intervene
or otherwise participate in a Federal agency
proceeding or activity, the Administrator
shall not be permitted to initiate a judicial
proceeding with respect to such agency pro-
ceeding or activity unless the court shall first
have determined that initiation of such a
proceeding by the Administrator would ad-
vance the interests of justice. In advance of
the initiation of such a proceeding by the
Administrator, he shall file a statement
setting forth the reasons why he did not
intervene or otherwise participate in the Fed-
eral agency proceeding or activity out of
which the contemplated judicial proceeding
arises, for the court's consideration in con-
nection with its determination whether the
initiation of such judicial proceeding would
advance the interests of justice.
(2) The Administrator may, as of right,
and in the manner prescribed by law, inter-
vene or otherwise participate in any civil
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CONGRESSIONAL RECORD -SENATE May 15, 19 75
proceec ing in a Federal court which Involves
the re ;few or enforcement of a Federal
a+;eaicy action that the Administrator deter-
ntines ,ray substantially affect-an interest of
, onsun ers.
9:i) '1 he initiation or other participation of
the Administrator in a judicial proceeding
pursua it to this subsection shall not alter or
:affect Ilie scope of review otherwise applic-
able to the agency action involved.
ri) when the Administrator determines it
Lo he i the interest of consumers, he may
rr guest the Federal agency concerned to ini-
ti:are sich proceeding, or to take such other
:is tion, as may be authorized by law with
r,s ect ro such agency. If the Federal agency
,oils tc take the action requested, it shall
prompt v notify the Administrator of the
rc-a.ons therefor and such notification shall
ho a m r,ter of public record.
(c) ? ,,pearances by the Agency under this
4..b h It be in its own name and shall be
side b i qualified representatives designated
irv the Administrator.
any Federal agency proceeding in
wbutS .he Administrator is intervening or
participating pursuant to subsection (a) (2)
of Lois ;ection, the Administrator is author-
is.od to request the Federal agency to issue,
;end the Federal agency shall,, on a statement
oir shoving (if such statement or showing
is required by the Federal agency's rules of
procedure) of general relevance and reason-
adle sec.ne of the evidence sought, issue such
orders, as are authorized by the Federal
ageocy'r statutory powers, for the copying
of uocu vents, papers, and records, summon-
ing of witnesses, production of books and
pacers, and submission of information in
^,ri,,i ng
i:) i ue Administrator is not authorized
5 , r: ter ene or participate in proceedings or
t:=!rti, a of State or local agencies and State
W11.14, sr to engage directly or indirectly in
inobyin1. activities before State or local agen-
or the Congress, in the manner pro-
hibited by section 1913 of title 18, United
5t