[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Extensions of Remarks]
[Page E1514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE REVISED INTERNATIONAL CONSUMER PROTECTION ACT OF 
                                  2004

                                 ______
                                 

                           HON. CLIFF STEARNS

                               of florida

                    in the house of representatives

                        Thursday, July 22, 2004

  Mr. STEARNS. Mr. Speaker, today, along with Jan Schakowsky, I am 
introducing a revised International Consumer Protection Act of 2004.
  This revision reflects changes agreed in negotiations among a number 
of Federal agencies including the Federal Trade Commission and the 
Department of Justice to settle questions of inter-agency cooperation.
  The changes from the Committee Reported bill are as follows:

              List of Changes From H.R. 3143 as Introduced

       S. 1234, Sec. 1: Includes statements of findings and 
     purpose.
       S. 1234, Sec. 4(b) (adding FTC Act, 6(j)(3)): Requires FTC 
     to consider the U.S. public interest as a whole, not only 
     consumers' interest, in determining whether to provide 
     investigative assistance to a foreign agency.
       S. 1234, Sec. 4(b) (adding FTC Act, Sec. 6(j)(4)): 
     Clarifies State Department oversight of the development of 
     international agreements.
       S. 1234, Sec. 4(b) (adding FTC Act, Sec. 6(j)(6)); also 
     4(d): Excludes investigative assistance to a foreign law 
     enforcement agency in matters targeting a bank, savings and 
     loan institution, federal credit union, or common carriers.
       S. 1234, Sec. 4(b) (adding FTC Act, Sec. 6(j)(7)); also 
     Sec. 6(a) (amending FTC Act, Sec. 21(b)(6)): Ensures no 
     support given to countries on Secretary of State's 
     ``terrorism list.''
       S. 1234, Sec. 5: Clarifies and simplifies provision on 
     FTC's cooperation with DOJ regarding foreign litigation.
       S. 1234, Sec. 6(a) (amending FTC Act, Sec. 21(b)(6)): 
     Provides the appropriate Federal banking agency or NCUA with 
     a right of prior approval before FTC provides a foreign 
     agency with materials obtained under compulsory process for a 
     matter targeting a bank, savings and loan institution, or 
     Federal credit union.
       S. 1234, Sec. 6(b) (amending FTC Act, Sec. 21(f)): Makes 
     the section more parallel to SEC provision and eliminates a 
     reference in existing FTC Act to ``exemption'' from FOIA; 
     does not alter the scope of the FTC's current ability to 
     protect domestic information from disclosure.
       S. 1234, Sec. 7(a) (adding FTC Act, Sec. 21A(b)): Tracks 
     more closely the language of RFPA and ECPA for orders under 
     those laws delaying notice or prohibiting disclosure, for a 
     limited time, of an FTC request for information, because of 
     anticipated adverse results. Clarifies that a court has 
     discretion whether to issue such an order. Makes use of terms 
     consistent throughout the section.
       S. 1234, Sec. 7(a) (adding FTC Act, Sec. 21A(c)): Clarifies 
     provision authorizing the FTC to seek a court order 
     prohibiting disclosure of an FTC request for information in 
     an appropriate case and for a limited time: applies only when 
     neither RFPA nor ECPA requires notice. Does not apply to 
     investigative targets or disclosures to Federal agencies.
       S. 1234, Sec. 7(a) (adding FTC Act, Sec. 21A(d)): Clarifies 
     that protection from legal liability for not disclosing an 
     FTC request applies only if neither RFPA nor ECPA requires 
     notice of the request, and does not apply to an obligation to 
     notify a Federal agency of the request.
       S. 1234, Sec. 7(a) (adding FTC Act, Sec. 21A(g)): 
     Restructures the list of adverse results, but retains the 
     same items.
       S. 1234, Sec. 8 (adding FTC Act, Sec. Sec. 21B(a) and (c)): 
     Clarifies protection from liability for voluntary provision 
     of information to the FTC. Precludes protection for a failure 
     to meet any notice obligation to a Federal agency.
       S. 1234, Sec. 8 (adding FTC Act, Sec. 21 B(b): Narrows 
     protection from liability for voluntary disclosures by 
     financial institutions to the FTC of possible law violations, 
     in accordance with existing law, 31 U.S. 5318(g)(3); 
     clarifies that the protection reaches disclosures related to 
     implicated assets and suspicious chargeback information.
       S. 1234, Sec. 8 (adding FTC Act, Sec. 21B(d): Clarifies 
     that a domain name registrar or registry is eligible for the 
     protection only in its capacity as such, not in any other 
     business it may conduct.
       S. 1234, Sec. 9 (adding FTC Act, Sec. 25A): States 
     expressly that foreign participants in staff exchanges become 
     employees of the FTC subject to the same ethics standards as 
     other employees. Corrects the citations to appointing 
     authorities.
       S. 1234, Sec. 11: Provides an overall savings clause for 
     existing authority.
       S. 1234, Sec. 13(9): Requires report to Congress on FTC 
     litigation brought in foreign courts.

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