[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2831 Introduced in Senate (IS)]

  2d Session
                                S. 2831

  To reauthorize the Federal Trade Commission, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2008

Mr. Dorgan (for himself and Mr. Inouye) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the Federal Trade Commission, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Trade 
Commission Reauthorization Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Independent litigation authority.
Sec. 4. Specialized administrative law judges.
Sec. 5. Civil penalties for violations of the Federal Trade Commission 
                            Act.
Sec. 6. Application of Federal Trade Commission Act to tax-exempt 
                            organizations.
Sec. 7. Aiding and abetting a violation.
Sec. 8. Permissive administrative procedure for consumer protection 
                            rules.
Sec. 9. Rulemaking procedure for subprime lending mortgages and 
                            nontraditional mortgage loans.
Sec. 10. Harmonizing FTC rules with banking agency rulemaking.
Sec. 11. Enforcement by State attorneys general.
Sec. 12. Harmonization of national do-not-call registry and effect on 
                            State laws.
Sec. 13. FTC study of alcoholic beverage marketing practices.
Sec. 14. Common carrier exception.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    The text of section 25 of the Federal Trade Commission Act (15 
U.S.C. 57c) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out the functions, powers, and duties of the Commission--
            ``(1) $264,000,000 for fiscal year 2009;
            ``(2) $290,400,000 for fiscal year 2010;
            ``(3) $319,400,000 for fiscal year 2011;
            ``(4) $351,400,000 for fiscal year 2012;
            ``(5) $386,500,000 for fiscal year 2013;
            ``(6) $425,200,000 for fiscal year 2014; and
            ``(7) $467,700,000 for fiscal year 2015.
    ``(b) Litigation and Internet Commerce Technology.--There are 
authorized to be appropriated to the Commission $20,000,000 for each of 
fiscal years 2009 through 2015 to be used by the Commission to improve 
technology in support of the Commission's competition and consumer 
protection missions.
    ``(c) International Technical Assistance.--From amounts 
appropriated pursuant to subsection (a), the Commission may spend up to 
$10,000,000 for each of fiscal years 2009 through 2015 to continue and 
enhance its provision of international technical assistance with 
respect to foreign consumer protection and competition regimes.''.

SEC. 3. INDEPENDENT LITIGATION AUTHORITY.

    Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) 
is amended--
            (1) by striking paragraph (1) and inserting ``(1) The 
        Commission may commence, defend, or intervene in, and supervise 
        the litigation of any civil action involving this Act 
        (including an action to collect a civil penalty) and any appeal 
        of such action in its own name by any of its attorneys 
        designated by it for such purpose. The Commission shall notify 
        the Attorney General of any such action and may consult with 
        the Attorney General with respect to any such action or request 
        the Attorney General on behalf of the Commission to commence, 
        defend, or intervene in any such action.'';
            (2) by striking subparagraph (A) of paragraph (3) and 
        inserting ``(A) The Commission may represent itself through any 
        of its attorneys designated by it for such purpose before the 
        Supreme Court in any civil action in which the Commission 
        represented itself pursuant to paragraph (1) or (2) or may 
        request the Attorney General to represent the Commission before 
        the Supreme Court in any such action.''; and
            (3) by striking paragraph (4) and redesignating paragraph 
        (5) as paragraph (4).

SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES.

    (a) In General.--In appointing administrative law judges under 
section 3105 of title 5, United States Code, to conduct hearings and 
render initial decisions in formal adjudicative matters before it, the 
Federal Trade Commission may give preference to administrative law 
judges who have experience with antitrust or trade regulation 
litigation and who are familiar with the kinds of economic analysis 
associated with such litigation.
    (b) Details.--If the Commission asks the Office of Personnel 
Management to assign an administrative law judge under section 3344 of 
title 5, United States Code, to conduct a hearing or render an initial 
decision in a formal adjudicative matter before it, the Commission may 
request the assignment of an administrative law judge who has 
experience with antitrust or trade regulation litigation and is 
familiar with the kinds of economic analysis associated with such 
litigation and the Office of Personnel Management shall comply with the 
request to the maximum extent feasible.

SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION 
              ACT.

    Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 
45(m)(1)(A)) is amended--
            (1) by inserting ``this Act, or'' after ``violates'' the 
        first place it appears; and
            (2) by inserting ``a violation of this Act or such act is'' 
        after ``such act is''.

SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT 
              ORGANIZATIONS.

    Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is 
amended by striking ``members.'' in the second full paragraph and 
inserting ``members, and includes an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 that is exempt from 
taxation under section 501(a) of such Code.''.

SEC. 7. AIDING AND ABETTING A VIOLATION.

    Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is 
amended by adding at the end thereof the following:
    ``It is unlawful for any person to aid or abet another in violating 
any provision of this Act or any other Act enforceable by the 
Commission.''.

SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION 
              RULES.

    (a) In General.--Section 18 of the Federal Trade Commission Act (15 
U.S.C. 57a) is amended by adding at the end thereof the following:
    ``(k) Alternative Rulemaking Procedure.--The Commission may, by 
majority vote of the full Commission, dispense with the requirements of 
other provisions of this section and of section 22 of this Act with 
respect to rulemaking involving a consumer protection matter (as 
determined by the Commission). If the Commission dispenses with such 
requirements with respect to such a rulemaking, it shall conduct such 
rulemaking in accordance with section 553 of title 5, United States 
Code, and in such case the provisions for judicial review of rules 
promulgated under section 553 of title 5 shall apply.''.

SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND 
              NONTRADITIONAL MORTGAGE LOANS.

    Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as 
amended by section 8, is further amended by adding at the end thereof 
the following:
    ``(l) Special Rule for Certain Mortgage-Related Rulemakings.--
Notwithstanding any other provision of this section, section 22 of this 
Act, or any other provision of law, the Commission shall conduct 
rulemaking proceedings with respect to subprime mortgage lending and 
nontraditional mortgage loans in accordance with section 553 of title 
5, United States Code, and the provisions for judicial review of rules 
promulgated under section 553 of title 5 shall apply.''.

SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING.

    (a) In General.--The second sentence of section 18(f)(1) of the 
Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended--
            (1) by striking ``The Board of Governors of the Federal 
        Reserve System (with respect to banks) and the Federal Home 
        Loan Bank Board (with respect to savings and loan institutions 
        described in paragraph (3))'' and inserting ``Each Federal 
        banking agency (with respect to the depository institutions 
        each such agency supervises)''; and
            (2) by inserting ``in consultation with the Commission'' 
        after ``shall prescribe regulations''.
    (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is 
further amended by inserting after the second sentence the following: 
``Such regulations shall be prescribed jointly by such agencies to the 
extent practicable. Notwithstanding any other provision of this 
section, whenever such agencies commence such a rulemaking proceeding, 
the Commission, with respect to the entities within its jurisdiction 
under this Act, may commence a rulemaking proceeding and prescribe 
regulations in accordance with section 553 of title 5, United States 
Code. If the Commission commences such a rulemaking proceeding, the 
Commission, the Federal banking agencies, and the National Credit Union 
Administration Board shall consult and coordinate with each other so 
that the regulations prescribed by each such agency are consistent with 
and comparable to the regulations prescribed by each other such agency 
to the extent practicable.''.
    (c) GAO Study and Report.--Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall transmit to 
Congress a report on the status of regulations of the Federal banking 
agencies and the National Credit Union Administration regarding unfair 
and deceptive acts or practices by the depository institutions.
    (d) Technical and Conforming Amendments.--Section 18(f) of the 
Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``banks or savings and loan 
                institutions described in paragraph (3), each agency 
                specified in paragraph (2) or (3) of this subsection 
                shall establish'' and inserting ``depository 
                institutions and Federal credit unions, the Federal 
                banking agencies and the National Credit Union 
                Administration Board shall each establish''; and
                    (B) by striking ``banks or savings and loan 
                institutions described in paragraph (3), subject to its 
                jurisdiction'' before the period and inserting 
                ``depository institutions or Federal credit unions 
                subject to the jurisdiction of such agency or Board'';
            (2) in the sixth sentence of paragraph (1) (as amended by 
        subsection (b))--
                    (A) by striking ``each such Board'' and inserting 
                ``each such banking agency and the National Credit 
                Union Administration Board'';
                    (B) by striking ``banks or savings and loan 
                institutions described in paragraph (3)'' each place 
                such term appears and inserting ``depository 
                institutions subject to the jurisdiction of such 
                agency'';
                    (C) by striking ``(A) any such Board'' and 
                inserting ``(A) any such Federal banking agency or the 
                National Credit Union Administration Board''; and
                    (D) by striking ``with respect to banks, savings 
                and loan institutions'' and inserting ``with respect to 
                depository institutions'';
            (3) by adding at the end of paragraph (1) the following new 
        sentence: ``For purposes of this subsection, the terms `Federal 
        banking agency' and `depository institution' have the same 
        meaning as in section 3 of the Federal Deposit Insurance 
        Act.'';
            (4) in paragraph (2)(C), by inserting ``than'' after 
        ``(other'';
            (5) in paragraph (3), by inserting ``by the Director of the 
        Office of Thrift Supervision'' before the period at the end;
            (6) in paragraph (4), by inserting ``by the National Credit 
        Union Administration'' before the period at the end; and
            (7) in paragraph (6), by striking ``the Board of Governors 
        of the Federal Reserve System'' and inserting ``any Federal 
        banking agency or the National Credit Union Administration 
        Board''.

SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL

    (a) In General.--Except as provided in subsection (f), a State, as 
parens patriae, may bring a civil action on behalf of its residents in 
an appropriate State or district court of the United States to enforce 
the provisions of the Federal Trade Commission Act or any other Act 
enforced by the Federal Trade Commission to obtain penalties and relief 
provided under such Acts whenever the attorney general of the State has 
reason to believe that the interests of the residents of the State have 
been or are being threatened or adversely affected by a violation of a 
subprime mortgage lending rule or a nontraditional mortgage loan rule 
promulgated by the Federal Trade Commission.
    (b) Notice.--The State shall serve written notice to the Commission 
of any civil action under subsection (a) at least 60 days prior to 
initiating such civil action. The notice shall include a copy of the 
complaint to be filed to initiate such civil action, except that if it 
is not feasible for the State to provide such prior notice, the State 
shall provide notice immediately upon instituting such civil action.
    (c) Intervention by FTC.--Upon receiving the notice required by 
subsection (b), the Commission may intervene in such civil action and 
upon intervening--
            (1) be heard on all matters arising in such civil action;
            (2) remove the action to the appropriate United States 
        district court; and
            (3) file petitions for appeal of a decision in such civil 
        action.
    (d) Savings Clause.--Nothing in this section shall prevent the 
attorney general of a State from exercising the powers conferred on the 
attorney general by the laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel the attendance of 
witnesses or the production of documentary and other evidence. Nothing 
in this section shall prohibit the attorney general of a State, or 
other authorized State officer, from proceeding in State or Federal 
court on the basis of an alleged violation of any civil or criminal 
statute of that State.
    (e) Venue; Service of Process; Joinder.--In a civil action brought 
under subsection (a)--
            (1) the venue shall be a judicial district in which the 
        lender or a related party operates or is authorized to do 
        business;
            (2) process may be served without regard to the territorial 
        limits of the district or of the State in which the civil 
        action is instituted; and
            (3) a person who participated with a lender or related 
        party to an alleged violation that is being litigated in the 
        civil action may be joined in the civil action without regard 
        to the residence of the person.
    (f) Preemptive Action by FTC.--Whenever a civil action or an 
administrative action has been instituted by or on behalf of the 
Commission for violation of any rule described under (a), no State may, 
during the pendency of such action instituted by or on behalf of the 
Commission, institute a civil action under subsection (a) against any 
defendant named in the complaint in such action for violation of any 
rule as alleged in such complaint.
    (g) Award of Costs and Fees.--If the attorney general of a State 
prevails in any civil action under subsection (a), the State can 
recover reasonable costs and attorney fees from the lender or related 
party.

SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON 
              STATE LAWS.

    (a) Amendment of the Telemarketing and Consumer Fraud and Abuse 
Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end 
thereof the following:
    ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not-
Call Implementation Act (15 U.S.C. 6101 note) preempts any State law 
that imposes more restrictive requirements on intrastate or interstate 
telemarketing to telephone numbers on a do-not-call registry maintained 
by that State.''.
    (b) Conforming Amendment.--Section 227(e)(1) of the Communications 
Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate 
or'' after ``restrictive''.

SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES.

    Within 2 years after the Federal Trade Commission completes its 
study entitled Self-Regulation in the Alcohol Industry and every 2 
years thereafter, the Commission shall transmit a report to the 
Congress on advertising and marketing practices for alcoholic 
beverages, together with such recommendations, including legislative 
recommendations, as the Commission deems appropriate. In preparing the 
report, the Commission shall consider information contained in reports 
by the Secretary of Health and Human services under section 519B of the 
Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to 
the extent feasible, data on measured and unmeasured media by brand and 
type of beverage, and data on expenditures for slotting and 
discounting.

SEC. 14. COMMON CARRIER EXCEPTION.

    Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is 
amended by striking the paragraph containing the definition of the term 
``Acts to regulate commerce'' and inserting the following:
    ```Acts to regulate commerce' means subtitle IV of title 49, United 
States Code, and all Acts amendatory thereof and supplementary 
thereto.''.
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