[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1608 Enrolled Bill (ENR)]
S.1608
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To enhance Federal Trade Commission enforcement against illegal spam,
spyware, and cross-border fraud and deception, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Undertaking Spam, Spyware, And Fraud
Enforcement With Enforcers beyond Borders Act of 2006'' or the ``U.S.
SAFE WEB Act of 2006''.
SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY DEFINED.
Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is
amended by adding at the end the following:
```Foreign law enforcement agency' means--
``(1) any agency or judicial authority of a foreign government,
including a foreign state, a political subdivision of a foreign
state, or a multinational organization constituted by and comprised
of foreign states, that is vested with law enforcement or
investigative authority in civil, criminal, or administrative
matters; and
``(2) any multinational organization, to the extent that it is
acting on behalf of an entity described in paragraph (1).''.
SEC. 3. AVAILABILITY OF REMEDIES.
Section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a))
is amended by adding at the end the following:
``(4)(A) For purposes of subsection (a), the term `unfair or
deceptive acts or practices' includes such acts or practices
involving foreign commerce that--
``(i) cause or are likely to cause reasonably foreseeable
injury within the United States; or
``(ii) involve material conduct occurring within the United
States.
``(B) All remedies available to the Commission with respect to
unfair and deceptive acts or practices shall be available for acts
and practices described in this paragraph, including restitution to
domestic or foreign victims.''.
SEC. 4. POWERS OF THE COMMISSION.
(a) Publication of Information; Reports.--Section 6(f) of the
Federal Trade Commission Act (15 U.S.C. 46(f)) is amended--
(1) by inserting ``(1)'' after ``such information'' the first
place it appears; and
(2) by striking ``purposes.'' and inserting ``purposes, and (2)
to any officer or employee of any foreign law enforcement agency
under the same circumstances that making material available to
foreign law enforcement agencies is permitted under section
21(b).''.
(b) Other Powers of the Commission.--Section 6 of the Federal Trade
Commission Act (15 U.S.C. 46) is further amended by inserting after
subsection (i) and before the proviso the following:
``(j) Investigative Assistance for Foreign Law Enforcement
Agencies.--
``(1) In general.--Upon a written request from a foreign law
enforcement agency to provide assistance in accordance with this
subsection, if the requesting agency states that it is
investigating, or engaging in enforcement proceedings against,
possible violations of laws prohibiting fraudulent or deceptive
commercial practices, or other practices substantially similar to
practices prohibited by any provision of the laws administered by
the Commission, other than Federal antitrust laws (as defined in
section 12(5) of the International Antitrust Enforcement Assistance
Act of 1994 (15 U.S.C. 6211(5))), to provide the assistance
described in paragraph (2) without requiring that the conduct
identified in the request constitute a violation of the laws of the
United States.
``(2) Type of assistance.--In providing assistance to a foreign
law enforcement agency under this subsection, the Commission may--
``(A) conduct such investigation as the Commission deems
necessary to collect information and evidence pertinent to the
request for assistance, using all investigative powers
authorized by this Act; and
``(B) when the request is from an agency acting to
investigate or pursue the enforcement of civil laws, or when
the Attorney General refers a request to the Commission from an
agency acting to investigate or pursue the enforcement of
criminal laws, seek and accept appointment by a United States
district court of Commission attorneys to provide assistance to
foreign and international tribunals and to litigants before
such tribunals on behalf of a foreign law enforcement agency
pursuant to section 1782 of title 28, United States Code.
``(3) Criteria for determination.--In deciding whether to
provide such assistance, the Commission shall consider all relevant
factors, including--
``(A) whether the requesting agency has agreed to provide
or will provide reciprocal assistance to the Commission;
``(B) whether compliance with the request would prejudice
the public interest of the United States; and
``(C) whether the requesting agency's investigation or
enforcement proceeding concerns acts or practices that cause or
are likely to cause injury to a significant number of persons.
``(4) International agreements.--If a foreign law enforcement
agency has set forth a legal basis for requiring execution of an
international agreement as a condition for reciprocal assistance,
or as a condition for provision of materials or information to the
Commission, the Commission, with prior approval and ongoing
oversight of the Secretary of State, and with final approval of the
agreement by the Secretary of State, may negotiate and conclude an
international agreement, in the name of either the United States or
the Commission, for the purpose of obtaining such assistance,
materials, or information. The Commission may undertake in such an
international agreement to--
``(A) provide assistance using the powers set forth in this
subsection;
``(B) disclose materials and information in accordance with
subsection (f) and section 21(b); and
``(C) engage in further cooperation, and protect materials
and information received from disclosure, as authorized by this
Act.
``(5) Additional authority.--The authority provided by this
subsection is in addition to, and not in lieu of, any other
authority vested in the Commission or any other officer of the
United States.
``(6) Limitation.--The authority granted by this subsection
shall not authorize the Commission to take any action or exercise
any power with respect to a bank, a savings and loan institution
described in section 18(f)(3) (15 U.S.C. 57a(f)(3)), a Federal
credit union described in section 18(f)(4) (15 U.S.C. 57a(f)(4)),
or a common carrier subject to the Act to regulate commerce, except
in accordance with the undesignated proviso following the last
designated subsection of section 6 (15 U.S.C. 46).
``(7) Assistance to certain countries.--The Commission may not
provide investigative assistance under this subsection to a foreign
law enforcement agency from a foreign state that the Secretary of
State has determined, in accordance with section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), has repeatedly
provided support for acts of international terrorism, unless and
until such determination is rescinded pursuant to section 6(j)(4)
of that Act (50 U.S.C. App. 2405(j)(4)).
``(k) Referral of Evidence for Criminal Proceedings.--
``(1) In general.--Whenever the Commission obtains evidence
that any person, partnership, or corporation, either domestic or
foreign, has engaged in conduct that may constitute a violation of
Federal criminal law, to transmit such evidence to the Attorney
General, who may institute criminal proceedings under appropriate
statutes. Nothing in this paragraph affects any other authority of
the Commission to disclose information.
``(2) International information.--The Commission shall endeavor
to ensure, with respect to memoranda of understanding and
international agreements it may conclude, that material it has
obtained from foreign law enforcement agencies acting to
investigate or pursue the enforcement of foreign criminal laws may
be used for the purpose of investigation, prosecution, or
prevention of violations of United States criminal laws.
``(l) Expenditures for Cooperative Arrangements.--To expend
appropriated funds for--
``(1) operating expenses and other costs of bilateral and
multilateral cooperative law enforcement groups conducting
activities of interest to the Commission and in which the
Commission participates; and
``(2) expenses for consultations and meetings hosted by the
Commission with foreign government agency officials, members of
their delegations, appropriate representatives and staff to
exchange views concerning developments relating to the Commission's
mission, development and implementation of cooperation agreements,
and provision of technical assistance for the development of
foreign consumer protection or competition regimes, such expenses
to include necessary administrative and logistic expenses and the
expenses of Commission staff and foreign invitees in attendance at
such consultations and meetings including--
``(A) such incidental expenses as meals taken in the course
of such attendance;
``(B) any travel and transportation to or from such
meetings; and
``(C) any other related lodging or subsistence.''.
(c) Authorization of Appropriations.--The Federal Trade Commission
is authorized to expend appropriated funds not to exceed $100,000 per
fiscal year for purposes of section 6(l) of the Federal Trade
Commission Act (15 U.S.C. 46(l)) (as added by subsection (b) of this
section), including operating expenses and other costs of the following
bilateral and multilateral cooperative law enforcement agencies and
organizations:
(1) The International Consumer Protection and Enforcement
Network.
(2) The International Competition Network.
(3) The Mexico-U.S.-Canada Health Fraud Task Force.
(4) Project Emptor.
(5) The Toronto Strategic Partnership and other regional
partnerships with a nexus in a Canadian province.
(d) Conforming Amendment.--Section 6 of the Federal Trade
Commission Act (15 U.S.C. 46) is amended by striking ``clauses (a) and
(b)'' in the proviso following subsection (l) (as added by subsection
(b) of this section) and inserting ``subsections (a), (b), and (j)''.
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.''.
SEC. 6. SHARING INFORMATION WITH FOREIGN LAW ENFORCEMENT AGENCIES.
(a) Material Obtained Pursuant to Compulsory Process.--Section
21(b)(6) of the Federal Trade Commission Act (15 U.S.C. 57b-2(b)(6)) is
amended by adding at the end ``The custodian may make such material
available to any foreign law enforcement agency upon the prior
certification of an appropriate official of any such foreign law
enforcement agency, either by a prior agreement or memorandum of
understanding with the Commission or by other written certification,
that such material will be maintained in confidence and will be used
only for official law enforcement purposes, if--
``(A) the foreign law enforcement agency has set forth a bona
fide legal basis for its authority to maintain the material in
confidence;
``(B) the materials are to be used for purposes of
investigating, or engaging in enforcement proceedings related to,
possible violations of--
``(i) foreign laws prohibiting fraudulent or deceptive
commercial practices, or other practices substantially similar
to practices prohibited by any law administered by the
Commission;
``(ii) a law administered by the Commission, if disclosure
of the material would further a Commission investigation or
enforcement proceeding; or
``(iii) with the approval of the Attorney General, other
foreign criminal laws, if such foreign criminal laws are
offenses defined in or covered by a criminal mutual legal
assistance treaty in force between the government of the United
States and the foreign law enforcement agency's government;
``(C) the appropriate Federal banking agency (as defined in
section 3(q) of the Federal Deposit Insurance Act (12 U.S.C.
1813(q)) or, in the case of a Federal credit union, the National
Credit Union Administration, has given its prior approval if the
materials to be provided under subparagraph (B) are requested by
the foreign law enforcement agency for the purpose of
investigating, or engaging in enforcement proceedings based on,
possible violations of law by a bank, a savings and loan
institution described in section 18(f)(3) of the Federal Trade
Commission Act (15 U.S.C. 57a(f)(3)), or a Federal credit union
described in section 18(f)(4) of the Federal Trade Commission Act
(15 U.S.C. 57a(f)(4)); and
``(D) the foreign law enforcement agency is not from a foreign
state that the Secretary of State has determined, in accordance
with section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)), has repeatedly provided support for acts of
international terrorism, unless and until such determination is
rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. App.
2405(j)(4)).
Nothing in the preceding sentence authorizes the disclosure of material
obtained in connection with the administration of the Federal antitrust
laws or foreign antitrust laws (as defined in paragraphs (5) and (7),
respectively, of section 12 of the International Antitrust Enforcement
Assistance Act of 1994 (15 U.S.C. 6211)) to any officer or employee of
a foreign law enforcement agency.''.
(b) Information Supplied by and About Foreign Sources.--Section
21(f) of the Federal Trade Commission Act (15 U.S.C. 57b-2(f)) is
amended to read as follows:
``(f) Exemption From Public Disclosure.--
``(1) In general.--Any material which is received by the
Commission in any investigation, a purpose of which is to determine
whether any person may have violated any provision of the laws
administered by the Commission, and which is provided pursuant to
any compulsory process under this Act or which is provided
voluntarily in place of such compulsory process shall not be
required to be disclosed under section 552 of title 5, United
States Code, or any other provision of law, except as provided in
paragraph (2)(B) of this section.
``(2) Material obtained from a foreign source.--
``(A) In general.--Except as provided in subparagraph (B)
of this paragraph, the Commission shall not be required to
disclose under section 552 of title 5, United States Code, or
any other provision of law--
``(i) any material obtained from a foreign law
enforcement agency or other foreign government agency, if
the foreign law enforcement agency or other foreign
government agency has requested confidential treatment, or
has precluded such disclosure under other use limitations,
as a condition of providing the material;
``(ii) any material reflecting a consumer complaint
obtained from any other foreign source, if that foreign
source supplying the material has requested confidential
treatment as a condition of providing the material; or
``(iii) any material reflecting a consumer complaint
submitted to a Commission reporting mechanism sponsored in
part by foreign law enforcement agencies or other foreign
government agencies.
``(B) Savings provision.--Nothing in this subsection shall
authorize the Commission to withhold information from the
Congress or prevent the Commission from complying with an order
of a court of the United States in an action commenced by the
United States or the Commission.''.
SEC. 7. CONFIDENTIALITY; DELAYED NOTICE OF PROCESS.
(a) In General.--The Federal Trade Commission Act (15 U.S.C. 41 et
seq.) is amended by inserting after section 21 the following:
``SEC. 21A. CONFIDENTIALITY AND DELAYED NOTICE OF COMPULSORY PROCESS
FOR CERTAIN THIRD PARTIES.
``(a) Application With Other Laws.--The Right to Financial Privacy
Act (12 U.S.C. 3401 et seq.) and chapter 121 of title 18, United States
Code, shall apply with respect to the Commission, except as otherwise
provided in this section.
``(b) Procedures for Delay of Notification or Prohibition of
Disclosure.--The procedures for delay of notification or prohibition of
disclosure under the Right to Financial Privacy Act (12 U.S.C. 3401 et
seq.) and chapter 121 of title 18, United States Code, including
procedures for extensions of such delays or prohibitions, shall be
available to the Commission, provided that, notwithstanding any
provision therein--
``(1) a court may issue an order delaying notification or
prohibiting disclosure (including extending such an order) in
accordance with the procedures of section 1109 of the Right to
Financial Privacy Act (12 U.S.C. 3409) (if notification would
otherwise be required under that Act), or section 2705 of title 18,
United States Code, (if notification would otherwise be required
under chapter 121 of that title), if the presiding judge or
magistrate judge finds that there is reason to believe that such
notification or disclosure may cause an adverse result as defined
in subsection (g) of this section; and
``(2) if notification would otherwise be required under chapter
121 of title 18, United States Code, the Commission may delay
notification (including extending such a delay) upon the execution
of a written certification in accordance with the procedures of
section 2705 of that title if the Commission finds that there is
reason to believe that notification may cause an adverse result as
defined in subsection (g) of this section.
``(c) Ex Parte Application by Commission.--
``(1) In general.--If neither notification nor delayed
notification by the Commission is required under the Right to
Financial Privacy Act (12 U.S.C. 3401 et seq.) or chapter 121 of
title 18, United States Code, the Commission may apply ex parte to
a presiding judge or magistrate judge for an order prohibiting the
recipient of compulsory process issued by the Commission from
disclosing to any other person the existence of the process,
notwithstanding any law or regulation of the United States, or
under the constitution, or any law or regulation, of any State,
political subdivision of a State, territory of the United States,
or the District of Columbia. The presiding judge or magistrate
judge may enter such an order granting the requested prohibition of
disclosure for a period not to exceed 60 days if there is reason to
believe that disclosure may cause an adverse result as defined in
subsection (g). The presiding judge or magistrate judge may grant
extensions of this order of up to 30 days each in accordance with
this subsection, except that in no event shall the prohibition
continue in force for more than a total of 9 months.
``(2) Application.--This subsection shall apply only in
connection with compulsory process issued by the Commission where
the recipient of such process is not a subject of the investigation
or proceeding at the time such process is issued.
``(3) Limitation.--No order issued under this subsection shall
prohibit any recipient from disclosing to a Federal agency that the
recipient has received compulsory process from the Commission.
``(d) No Liability for Failure To Notify.--If neither notification
nor delayed notification by the Commission is required under the Right
to Financial Privacy Act (12 U.S.C. 3401 et seq.) or chapter 121 of
title 18, United States Code, the recipient of compulsory process
issued by the Commission under this Act shall not be liable under any
law or regulation of the United States, or under the constitution, or
any law or regulation, of any State, political subdivision of a State,
territory of the United States, or the District of Columbia, or under
any contract or other legally enforceable agreement, for failure to
provide notice to any person that such process has been issued or that
the recipient has provided information in response to such process. The
preceding sentence does not exempt any recipient from liability for--
``(1) the underlying conduct reported;
``(2) a failure to comply with the record retention
requirements under section 1104(c) of the Right to Financial
Privacy Act (12 U.S.C. 3404), where applicable; or
``(3) any failure to comply with any obligation the recipient
may have to disclose to a Federal agency that the recipient has
received compulsory process from the Commission or intends to
provide or has provided information to the Commission in response
to such process.
``(e) Venue and Procedure.--
``(1) In general.--All judicial proceedings initiated by the
Commission under the Right to Financial Privacy Act (12 U.S.C. 3401
et seq.), chapter 121 of title 18, United States Code, or this
section may be brought in the United States District Court for the
District of Columbia or any other appropriate United States
District Court. All ex parte applications by the Commission under
this section related to a single investigation may be brought in a
single proceeding.
``(2) In camera proceedings.--Upon application by the
Commission, all judicial proceedings pursuant to this section shall
be held in camera and the records thereof sealed until expiration
of the period of delay or such other date as the presiding judge or
magistrate judge may permit.
``(f) Section Not To Apply to Antitrust Investigations or
Proceedings.--This section shall not apply to an investigation or
proceeding related to the administration of Federal antitrust laws or
foreign antitrust laws (as defined in paragraphs (5) and (7),
respectively, of section 12 of the International Antitrust Enforcement
Assistance Act of 1994 (15 U.S.C. 6211)).
``(g) Adverse Result Defined.--For purposes of this section the
term `adverse result' means--
``(1) endangering the life or physical safety of an individual;
``(2) flight from prosecution;
``(3) the destruction of, or tampering with, evidence;
``(4) the intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
proceeding related to fraudulent or deceptive commercial practices
or persons involved in such practices, or unduly delaying a trial
related to such practices or persons involved in such practices,
including, but not limited to, by--
``(A) the transfer outside the territorial limits of the
United States of assets or records related to fraudulent or
deceptive commercial practices or related to persons involved
in such practices;
``(B) impeding the ability of the Commission to identify
persons involved in fraudulent or deceptive commercial
practices, or to trace the source or disposition of funds
related to such practices; or
``(C) the dissipation, fraudulent transfer, or concealment
of assets subject to recovery by the Commission.''.
(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;''.
SEC. 8. PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is further
amended by adding after section 21A (as added by section 7 of this Act)
the following:
``SEC. 21B. PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.
``(a) In General.--
``(1) No liability for providing certain material.--An entity
described in paragraphs (2) or (3) of subsection (d) that
voluntarily provides material to the Commission that such entity
reasonably believes is relevant to--
``(A) a possible unfair or deceptive act or practice, as
defined in section 5(a) of this Act; or
``(B) assets subject to recovery by the Commission,
including assets located in foreign jurisdictions;
shall not be liable to any person under any law or regulation of
the United States, or under the constitution, or any law or
regulation, of any State, political subdivision of a State,
territory of the United States, or the District of Columbia, for
such provision of material or for any failure to provide notice of
such provision of material or of intention to so provide material.
``(2) Limitations.--Nothing in this subsection shall be
construed to exempt any such entity from liability--
``(A) for the underlying conduct reported; or
``(B) to any Federal agency for providing such material or
for any failure to comply with any obligation the entity may
have to notify a Federal agency prior to providing such
material to the Commission.
``(b) Certain Financial Institutions.--An entity described in
paragraph (1) of subsection (d) shall, in accordance with section
5318(g)(3) of title 31, United States Code, be exempt from liability
for making a voluntary disclosure to the Commission of any possible
violation of law or regulation, including--
``(1) a disclosure regarding assets, including assets located
in foreign jurisdictions--
``(A) related to possibly fraudulent or deceptive
commercial practices;
``(B) related to persons involved in such practices; or
``(C) otherwise subject to recovery by the Commission; or
``(2) a disclosure regarding suspicious chargeback rates
related to possibly fraudulent or deceptive commercial practices.
``(c) Consumer Complaints.--Any entity described in subsection (d)
that voluntarily provides consumer complaints sent to it, or
information contained therein, to the Commission shall not be liable to
any person under any law or regulation of the United States, or under
the constitution, or any law or regulation, of any State, political
subdivision of a State, territory of the United States, or the District
of Columbia, for such provision of material or for any failure to
provide notice of such provision of material or of intention to so
provide material. This subsection shall not provide any exemption from
liability for the underlying conduct.
``(d) Application.--This section applies to the following entities,
whether foreign or domestic:
``(1) A financial institution as defined in section 5312 of
title 31, United States Code.
``(2) To the extent not included in paragraph (1), a bank or
thrift institution, a commercial bank or trust company, an
investment company, a credit card issuer, an operator of a credit
card system, and an issuer, redeemer, or cashier of travelers'
checks, money orders, or similar instruments.
``(3) A courier service, a commercial mail receiving agency, an
industry membership organization, a payment system provider, a
consumer reporting agency, a domain name registrar or registry
acting as such, and a provider of alternative dispute resolution
services.
``(4) An Internet service provider or provider of telephone
services.''.
SEC. 9. STAFF EXCHANGES.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended
by adding after section 25 the following new section:
``SEC. 25A. STAFF EXCHANGES.
``(a) In General.--The Commission may--
``(1) retain or employ officers or employees of foreign
government agencies on a temporary basis as employees of the
Commission pursuant to section 2 of this Act or section 3101 or
section 3109 of title 5, United States Code; and
``(2) detail officers or employees of the Commission to work on
a temporary basis for appropriate foreign government agencies.
``(b) Reciprocity and Reimbursement.--The staff arrangements
described in subsection (a) need not be reciprocal. The Commission may
accept payment or reimbursement, in cash or in kind, from a foreign
government agency to which this section is applicable, or payment or
reimbursement made on behalf of such agency, for expenses incurred by
the Commission, its members, and employees in carrying out such
arrangements.
``(c) Standards of Conduct.--A person appointed under subsection
(a)(1) shall be subject to the provisions of law relating to ethics,
conflicts of interest, corruption, and any other criminal or civil
statute or regulation governing the standards of conduct for Federal
employees that are applicable to the type of appointment.''.
SEC. 10. INFORMATION SHARING WITH FINANCIAL REGULATORS.
Section 1112(e) of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3412(e)) is amended by inserting ``the Federal Trade
Commission,'' after ``the Securities and Exchange Commission,''.
SEC. 11. AUTHORITY TO ACCEPT REIMBURSEMENTS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is
amended--
(1) by redesignating section 26 as section 28; and
(2) by inserting after section 25A, as added by section 9 of
this Act, the following:
``SEC. 26. REIMBURSEMENT OF EXPENSES.
``The Commission may accept payment or reimbursement, in cash or in
kind, from a domestic or foreign law enforcement agency, or payment or
reimbursement made on behalf of such agency, for expenses incurred by
the Commission, its members, or employees in carrying out any activity
pursuant to a statute administered by the Commission without regard to
any other provision of law. Any such payments or reimbursements shall
be considered a reimbursement to the appropriated funds of the
Commission.''.
SEC. 12. PRESERVATION OF EXISTING AUTHORITY.
The authority provided by this Act, and by the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) and the Right to Financial
Privacy Act (12 U.S.C. 3401 et seq.), as such Acts are amended by this
Act, is in addition to, and not in lieu of, any other authority vested
in the Federal Trade Commission or any other officer of the United
States.
SEC. 13. SUNSET.
This Act, and the amendments made by this Act, shall cease to have
effect on the date that is 7 years after the date of enactment of this
Act.
SEC. 14. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Federal Trade Commission shall transmit to Congress a report describing
its use of and experience with the authority granted by this Act, along
with any recommendations for additional legislation. The report shall
include--
(1) the number of cross-border complaints received by the
Commission;
(2) identification of the foreign agencies to which the
Commission has provided nonpublic investigative information under
this Act;
(3) the number of times the Commission has used compulsory
process on behalf of foreign law enforcement agencies pursuant to
section 6 of the Federal Trade Commission Act (15 U.S.C. 46), as
amended by section 4 of this Act;
(4) a list of international agreements and memoranda of
understanding executed by the Commission that relate to this Act;
(5) the number of times the Commission has sought delay of
notice pursuant to section 21A of the Federal Trade Commission Act,
as added by section 7 of this Act, and the number of times a court
has granted a delay;
(6) a description of the types of information private entities
have provided voluntarily pursuant to section 21B of the Federal
Trade Commission Act, as added by section 8 of this Act;
(7) a description of the results of cooperation with foreign
law enforcement agencies under section 21 of the Federal Trade
Commission Act (15 U.S.C. 57-2) as amended by section 6 of this
Act;
(8) an analysis of whether the lack of an exemption from the
disclosure requirements of section 552 of title 5, United States
Code, with regard to information or material voluntarily provided
relevant to possible unfair or deceptive acts or practices, has
hindered the Commission in investigating or engaging in enforcement
proceedings against such practices; and
(9) a description of Commission litigation brought in foreign
courts.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.