[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.