I 

108TH CONGRESS 

1ST SESSION H. R. 3143

To enhance Federal Trade Commission enforcement against cross-border 

fraud and deception. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2003

Mr. STEARNS (for himself and Ms. SCHAKOWSKY) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL

To enhance Federal Trade Commission enforcement against 

cross-border fraud and deception.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be referred to as the ‘‘International 

5 Consumer Protection Act of 2003’’. 

6 SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY DEFINED. 

7 Section 4 of the Federal Trade Commission Act (15 

8 U.S.C. 44) is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘‘Foreign law enforcement agency’ means—
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1 ‘‘(A) any agency or judicial authority of a for2 eign government, including a foreign state, a polit3 ical subdivision of a foreign state, or a multinational 

4 organization constituted by and comprised of foreign 

5 states, that is vested with law enforcement or inves6 tigative authority in civil, criminal, or administrative 

7 matters; or 

8 ‘‘(B) any multinational or multiagency organi9 zation to the extent that it is acting on behalf of an 

10 entity described in subparagraph (A).’’. 

11 SEC. 3. AVAILABILITY OF REMEDIES. 

12 Section 5(a) of the Federal Trade Commission Act 

13 (15 U.S.C. 45(a)) is amended by adding at the end the 

14 following new paragraph: 

15 ‘‘(4)(A) Unfair or deceptive acts or practices for pur16 poses of this subsection shall include such acts or practices 

17 involving foreign commerce that—

18 ‘‘(i) cause or are likely to cause reasonably fore19 seeable injury within the United States; or 

20 ‘‘(ii) involve material conduct occurring within 

21 the United States. 

22 ‘‘(B) All remedies available to the Commission with 

23 respect to unfair and deceptive acts or practices shall be 

24 available for acts and practices described in this para-
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1 graph, including restitution to domestic or foreign vic2 tims.’’. 

3 SEC. 4. POWERS OF THE COMMISSION. 

4 (a) PUBLICATION OF INFORMATION; REPORTS.—Sec5 tion 6(f) of the Federal Trade Commission Act (15 U.S.C. 

6 46(f)) is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘such information’’ 

8 the first place it appears; and 

9 (2) by striking ‘‘purposes.’’ and inserting ‘‘pur10 poses, and (2) to any officer or employee of any for11 eign law enforcement agency under the same cir12 cumstances that making material available to foreign 

13 law enforcement agencies is permitted under section 

14 21(b)(6).’’. 

15 (b) OTHER POWERS OF THE COMMISSION.—Section 

16 6 of the Federal Trade Commission Act (15 U.S.C. 46) 

17 is further amended by inserting after subsection (i) the 

18 following new subsections: 

19 ‘‘(j) INVESTIGATIVE ASSISTANCE FOR FOREIGN LAW

20 ENFORCEMENT AGENCIES.—

21 ‘‘(1) IN GENERAL.—Upon a written request 

22 from a foreign law enforcement agency to provide 

23 assistance in accordance with this subsection, if the 

24 requesting agency states that it is investigating, or 

25 engaging in enforcement proceedings against, pos-
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1 sible violations of laws prohibiting fraudulent or de2 ceptive commercial practices, or other practices sub3 stantially similar to practices prohibited by any pro4 vision of the laws administered by the Commission, 

5 other than Federal antitrust laws (as defined in sec6 tion 12(5) of the International Antitrust Enforce7 ment Assistance Act of 1994 (15 U.S.C. 6211(5))), 

8 the Commission may provide the assistance de9 scribed in paragraph (2) without requiring that the 

10 conduct identified in the request constitute a viola11 tion of the laws of the United States. 

12 ‘‘(2) TYPE OF ASSISTANCE.—In providing as13 sistance to a foreign law enforcement agency under 

14 this subsection, the Commission may—

15 ‘‘(A) conduct such investigation as the 

16 Commission deems necessary to collect informa17 tion and evidence pertinent to the request for 

18 assistance, using all investigative powers au19 thorized by this Act; and 

20 ‘‘(B) when the request is from an agency 

21 acting to investigate or pursue the enforcement 

22 of civil laws, or when the Attorney General re23 fers a request to the Commission from an agen24 cy acting to investigate or pursue the enforce25 ment of criminal laws, seek and accept appoint-
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1 ment by a United States district court of Com2 mission attorneys to provide assistance to for3 eign and international tribunals and to litigants 

4 before such tribunals on behalf of a foreign law 

5 enforcement agency pursuant to section 1782 of 

6 title 28, United States Code. 

7 ‘‘(3) CRITERIA FOR DETERMINATION.—In de8 ciding whether to provide such assistance, the Com9 mission shall consider all relevant factors, includ10 ing—

11 ‘‘(A) whether the requesting agency has 

12 agreed to provide or will provide reciprocal as13 sistance to the Commission; 

14 ‘‘(B) whether compliance with the request 

15 would prejudice the interest of consumers in the 

16 United States; and 

17 ‘‘(C) whether the requesting agency’s in18 vestigation or enforcement proceeding concerns 

19 acts or practices that cause or are likely to 

20 cause injury to a significant number of persons. 

21 ‘‘(4) INTERNATIONAL AGREEMENTS.—If a for22 eign law enforcement agency has set forth a legal 

23 basis for requiring execution of an international 

24 agreement as a condition for reciprocal assistance, 

25 or as a condition for provision of materials or infor-
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1 mation to the Commission, the Commission, after 

2 consultation with the Secretary of State, may nego3 tiate and conclude an international agreement, in 

4 the name of either the United States or the Commis5 sion, and with final approval of the agreement by 

6 the Secretary of State, for the purpose of obtaining 

7 such assistance, materials, or information. The Com8 mission may undertake in such an international 

9 agreement to—

10 ‘‘(A) provide assistance using the powers 

11 set forth in this subsection; 

12 ‘‘(B) disclose materials and information in 

13 accordance with subsection (f) and section 

14 21(b)(6); and 

15 ‘‘(C) engage in further cooperation, and 

16 protect materials and information received from 

17 disclosure, as authorized by this Act. 

18 ‘‘(5) The authority in this subsection is in addi19 tion to, and not in lieu of, any other authority vested 

20 in the Commission or any other officer of the United 

21 States. 

22 ‘‘(k) REFERRAL OF EVIDENCE FOR CRIMINAL PRO23 CEEDINGS.—

24 ‘‘(1) IN GENERAL.—Whenever the Commission 

25 obtains evidence that any person, partnership, or 
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1 corporation, either domestic or foreign, has engaged 

2 in conduct that may constitute a violation of Federal 

3 criminal law, the Commission may transmit such 

4 evidence to the Attorney General, who may institute 

5 criminal proceedings under appropriate statutes. 

6 Nothing in this paragraph affects any other author7 ity of the Commission to disclose information. 

8 ‘‘(2) INTERNATIONAL INFORMATION.—The 

9 Commission shall endeavor to ensure, with respect to 

10 memoranda of understanding and international 

11 agreements it may conclude, that material it has ob12 tained from foreign law enforcement agencies acting 

13 to investigate or pursue the enforcement of foreign 

14 criminal laws may be used for the purpose of inves15 tigation, prosecution, or prevention of violations of 

16 United States criminal laws. 

17 ‘‘(l) EXPENDITURES FOR COOPERATIVE ARRANGE18 MENTS.—The Commission may expend appropriated 

19 funds for—

20 ‘‘(1) operating expenses and other costs of bi21 lateral and multilateral cooperative law enforcement 

22 groups conducting activities of interest to the Com23 mission and in which the Commission participates; 

24 and 
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1 ‘‘(2) expenses for consultations and meetings 

2 hosted by the Commission with foreign government 

3 agency officials, members of their delegations, ap4 propriate representatives and staff to exchange views 

5 concerning developments relating to the Commis6 sion’s mission, development and implementation of 

7 cooperation agreements, and provision of technical 

8 assistance for the development of foreign consumer 

9 protection or competition regimes, such expenses to 

10 include necessary administrative and logistic ex11 penses and the expenses of Commission staff and 

12 foreign invitees in attendance at such consultations 

13 and meetings including—

14 ‘‘(A) such incidental expenses as meals 

15 taken in the course of such attendance; 

16 ‘‘(B) any travel and transportation to or 

17 from such meetings; and 

18 ‘‘(C) any other related lodging or subsist19 ence.’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—The 

21 Federal Trade Commission is authorized to expend appro22 priated funds not to exceed $100,000 per fiscal year for 

23 purposes of section 6(l) of the Federal Trade Commission 

24 Act (15 U.S.C. 46(l)) (as amended by this Act), including 

25 operating expenses and other costs of the following bilat-
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1 eral and multilateral cooperative law enforcement agencies 

2 and organizations: 

3 (1) The International Consumer Protection and 

4 Enforcement Network. 

5 (2) The International Competition Network. 

6 (3) The Mexico-U.S.-Canada Health Fraud 

7 Task Force. 

8 (4) Project Emptor. 

9 (5) The Toronto Strategic Partnership and 

10 other regional partnerships with a nexus in a Cana11 dian province. 

12 SEC. 5. REPRESENTATION IN FOREIGN LITIGATION. 

13 Section 16 of the Federal Trade Commission Act (15 

14 U.S.C. 56) is amended by adding at the end the following 

15 subsection: 

16 ‘‘(c) FOREIGN LITIGATION.—

17 ‘‘(1) COMMISSION ATTORNEYS.—The Commis18 sion may designate Commission attorneys to assist 

19 the Attorney General in connection with litigation in 

20 foreign courts in which the Commission has an in21 terest, pursuant to the terms of a memorandum of 

22 understanding to be negotiated by the Commission 

23 and the Attorney General. The preceding sentence is 

24 in addition to, and not in lieu of any other authority 

25 vested in the Commission. 
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1 ‘‘(2) FOREIGN COUNSEL.—The Commission is 

2 authorized to expend appropriated funds for the re3 tention of foreign counsel for consultation and for 

4 litigation in foreign courts, and for expenses related 

5 to consultation and litigation in foreign courts in 

6 which the Commission has an interest. 

7 ‘‘(3) PAYMENT OF CLAIMS.—Nothing in this 

8 section authorizes the payment of claims or judg9 ments from any source other than the permanent 

10 and indefinite appropriation authorized by section 

11 1304 of title 31, United States Code.’’. 

12 SEC. 6. SHARING INFORMATION WITH FOREIGN LAW EN13 FORCEMENT AGENCIES. 

14 (a) MATERIAL OBTAINED PURSUANT TO COMPUL15 SORY PROCESS.—Section 21(b)(6) of the Federal Trade 

16 Commission Act (15 U.S.C. 57b–2(b)(6)) is amended by 

17 adding at the end the following: ‘‘The custodian may make 

18 such material available to any foreign law enforcement 

19 agency upon the prior certification of an appropriate offi20 cial of any such foreign law enforcement agency, either 

21 by a prior agreement or memorandum of understanding 

22 with the Commission or by other written certification, that 

23 such material will be maintained in confidence and will 

24 be used only for official law enforcement purposes, if—
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1 ‘‘(1) the foreign law enforcement agency has set 

2 forth a bona fide legal basis for its authority to 

3 maintain the material in confidence; and 

4 ‘‘(2) the materials are to be used for purposes 

5 of investigating, or engaging in enforcement pro6 ceedings related to, possible violations of—

7 ‘‘(A) foreign laws prohibiting fraudulent or 

8 deceptive commercial practices or other prac9 tices substantially similar to practices prohib10 ited by any law administered by the Commis11 sion; 

12 ‘‘(B) a law administered by the Commis13 sion, if disclosure of the material would further 

14 a Commission investigation or enforcement pro15 ceeding; or 

16 ‘‘(C) with the approval of the Attorney 

17 General, other foreign criminal laws, if such 

18 foreign criminal laws are offenses defined in or 

19 covered by a criminal mutual legal assistance 

20 treaty in force between the government of the 

21 United States and the foreign law enforcement 

22 authority’s government. 

23 Nothing in the preceding sentence authorizes the 

24 disclosure of material obtained in connection with 

25 the administration of the Federal antitrust laws or 
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1 foreign antitrust laws (as defined in paragraphs (5) 

2 and (7), respectively, of section 12 of the Inter3 national Antitrust Enforcement Assistance Act of 

4 1994 (15 U.S.C. 6211)) to any officer or employee 

5 of a foreign law enforcement agency.’’. 

6 (b) INFORMATION SUPPLIED BY AND ABOUT FOR7 EIGN SOURCES.—Section 21(f) of the Federal Trade Com8 mission Act (15 U.S.C. 57b–2(f)) is amended to read as 

9 follows—

10 ‘‘(f) EXEMPTION FROM DISCLOSURE.—

11 ‘‘(1) IN GENERAL.—Any material which is re12 ceived by the Commission in any investigation, a 

13 purpose of which is to determine whether any person 

14 may have violated any provision of the laws adminis15 tered by the Commission, and which is provided pur16 suant to any compulsory process under this Act or 

17 which is provided voluntarily in place of such com18 pulsory process shall be exempt from disclosure 

19 under section 552 of title 5, United States Code. 

20 ‘‘(2) MATERIAL OBTAINED FROM A FOREIGN

21 SOURCE.—

22 ‘‘(A) Except as provided in subparagraph 

23 (C) of this paragraph, the Commission shall not 

24 be compelled to disclose—
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1 ‘‘(i) material obtained from a foreign 

2 law enforcement agency or other foreign 

3 government agency, if the foreign law en4 forcement agency or other foreign govern5 ment agency has requested confidential 

6 treatment, or has precluded such disclosure 

7 under other use limitations, as a condition 

8 of providing the material; 

9 ‘‘(ii) material reflecting consumer 

10 complaints obtained from any other foreign 

11 source, if that foreign source supplying the 

12 material has requested confidential treat13 ment as a condition of providing the mate14 rial; or 

15 ‘‘(iii) material reflecting a consumer 

16 complaint submitted to a Commission re17 porting mechanism sponsored in part by 

18 foreign law enforcement agencies or other 

19 foreign government agencies. 

20 ‘‘(B) For purposes of section 552 of title 5, 

21 United States Code, this subsection shall be consid22 ered a statute described in subsection (b)(3)(B) of 

23 such section. 

24 ‘‘(C) Nothing in this subsection shall authorize 

25 the Commission to withhold information from the 
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1 Congress or prevent the Commission from complying 

2 with an order of a court of the United States in an 

3 action commenced by the United States or the Com4 mission.’’. 

5 SEC. 7. CONFIDENTIALITY, DELAYED NOTICE OF PROCESS. 

6 (a) CONFIDENTIALITY, DELAYED NOTICE OF COM7 PULSORY PROCESS.—The Federal Trade Commission Act 

8 (15 U.S.C. 41 et seq.) is amended by inserting after sec9 tion 21 the following new section: 

10 ‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NOTICE OF 

11 COMPULSORY PROCESS FOR CERTAIN THIRD 

12 PARTIES. 

13 ‘‘(a) INTERSECTION WITH OTHER STATUTES.—The 

14 Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) 

15 and the Electronic Communications Privacy Act (18 

16 U.S.C. 2701 et seq.) shall apply with respect to the Com17 mission, except as otherwise provided in this section. 

18 ‘‘(b) IN GENERAL.—The procedures for delay or pro19 hibition of notice under the Right to Financial Privacy Act 

20 (12 U.S.C. 3401 et seq.) and the Electronic Communica21 tions Privacy Act (18 U.S.C. 2701 et seq.) shall be avail22 able to the Commission—

23 ‘‘(1) where notification is delayed pursuant to 

24 section 1109(a) of the Right to Financial Privacy 

25 Act (12 U.S.C. 3409(a)) pursuant to an ex parte ap-
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1 plication by the Commission that there is reason to 

2 believe that notification may cause an adverse result; 

3 or 

4 ‘‘(2) where notification is delayed pursuant to 

5 section 2705(a)(1)(B) of title 18, upon a finding by 

6 the Commission that there is reason to believe that 

7 notification may cause an adverse result. 

8 ‘‘(c) EX PARTE APPLICATION BY COMMISSION.—If 

9 the procedures for delay or prohibition of notice described 

10 in subsection (b) do not apply, the Commission may apply 

11 ex parte to a presiding judge or magistrate judge for an 

12 order commanding the recipient of compulsory process 

13 issued by the Commission not to notify any other person 

14 of the existence of the process, notwithstanding any law 

15 or regulation of the United States, or under the constitu16 tion, or any law or regulation, of any State, political sub17 division of a State, territory of the United States, or the 

18 District of Columbia. The presiding judge or magistrate 

19 judge may enter such an order granting the requested 

20 delay for a period not to exceed 60 days if there is reason 

21 to believe that notification may cause an adverse result. 

22 The presiding judge or magistrate judge may grant exten23 sions of this delay of notice of up to 30 days each in ac24 cordance with this subsection, provided that in no event 

25 shall notice be delayed for more than a total of 9 months. 
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1 ‘‘(d) NO LIABILITY FOR FAILURE TO NOTIFY.—The 

2 recipient of compulsory process issued by the Commission 

3 under this Act shall not be liable under any law or regula4 tion of the United States, or under the constitution, or 

5 any law or regulation, of any State, political subdivision 

6 of a State, territory of the United States, or the District 

7 of Columbia, or under any contract or other legally en8 forceable agreement, for failure to provide notice that such 

9 process has been issued or that the recipient has provided 

10 information in response to such process. The preceding 

11 sentence does not provide any exemption from liability 

12 for—

13 ‘‘(1) the underlying conduct reported; 

14 ‘‘(2) noncompliance with the record retention 

15 requirements under section 1104(c) of the Right to 

16 Financial Privacy Act (12 U.S.C. 3404), where ap17 plicable; or 

18 ‘‘(3) noncompliance with any requirement of a 

19 Federal agency to disclose information to that agen20 cy. 

21 ‘‘(e) VENUE AND PROCEDURE.—

22 ‘‘(1) IN GENERAL.—All judicial proceedings ini23 tiated by the Commission under the Right to Finan24 cial Privacy Act (12 U.S.C. 3401 et seq.), the Elec25 tronic Communications Privacy Act (18 U.S.C. 2701 
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1 et seq.), or this section may be brought in the 

2 United States District Court for the District of Co3 lumbia or any other appropriate United States Dis4 trict Court. All ex parte applications by the Commis5 sion under this section related to a single investiga6 tion may be brought in a single proceeding. 

7 ‘‘(2) IN CAMERA PROCEEDINGS.—Upon applica8 tion by the Commission, all judicial proceedings pur9 suant to this section shall be held in camera and the 

10 records thereof sealed until expiration of the period 

11 of delay or such other date as the presiding judge 

12 or magistrate judge may permit. 

13 ‘‘(f) SECTION NOT TO APPLY TO ANTITRUST INVES14 TIGATIONS OR PROCEEDINGS.—This section shall not 

15 apply to an investigation or proceeding related to the ad16 ministration of Federal antitrust laws or foreign antitrust 

17 laws (within the meaning of section 6211 of this title). 

18 ‘‘(g) ADVERSE RESULT DEFINED.—For purposes of 

19 this section the term ‘adverse result’ means—

20 ‘‘(1) the transfer outside the territorial limits of 

21 the United States of assets or records related to 

22 fraudulent or deceptive commercial practices or re23 lated to persons involved in such practices; 

24 ‘‘(2) impeding the ability of the Commission to 

25 identify persons involved in fraudulent or deceptive 
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1 commercial practices, or to trace the source or dis2 position of funds related to such practices; 

3 ‘‘(3) endangering the life or physical safety of 

4 an individual; 

5 ‘‘(4) flight from prosecution; 

6 ‘‘(5) the destruction of, or tampering with, evi7 dence; 

8 ‘‘(6) the intimidation of potential witnesses; 

9 ‘‘(7) the dissipation, fraudulent transfer, or 

10 concealment of assets subject to recovery by the 

11 Commission; or 

12 ‘‘(8) otherwise seriously jeopardizing an inves13 tigation or proceeding related to fraudulent or de14 ceptive commercial practices or persons involved in 

15 such practices, or unduly delaying a trial related to 

16 such practices or persons involved in such prac17 tices.’’. 

18 (b) CONFORMING AMENDMENT.—Section 16(a)(2) of 

19 the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) 

20 is amended—

21 (1) in subparagraph (C) by striking ‘‘; or’’ and 

22 inserting a semicolon; 

23 (2) in subparagraph (D) by inserting ‘‘and’’ 

24 after the semicolon; and 
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1 (3) by inserting after subparagraph (D) the fol2 lowing new subparagraph: 

3 ‘‘(E) under section 21A of this Act;’’. 

4 SEC. 8. PROTECTION FOR VOLUNTARY PROVISION OF IN5 FORMATION. 

6 The Federal Trade Commission Act (15 U.S.C. 41 

7 et seq.) is further amended by adding after section 21A 

8 (as added by section 8 of this Act) the following new sec9 tion: 

10 ‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PROVISION OF 

11 INFORMATION. 

12 ‘‘(a) IN GENERAL.—An entity described in para13 graphs (2) or (3) of subsection (d) that voluntarily pro14 vides material to the Commission that such entity reason15 ably believes is relevant to—

16 ‘‘(1) a possible unfair or deceptive act or prac17 tice, as defined in section 5(a) of this Act; or 

18 ‘‘(2) assets subject to recovery by the Commis19 sion, including assets located in foreign jurisdictions;

20 shall not be liable to any person under any law or regula21 tion of the United States, or under the Constitution, or 

22 any law or regulation of any State, political subdivision 

23 of a State, territory of the United States, or the District 

24 of Columbia, for such provision of material or for any fail25 ure to provide notice of such provision of material. Noth-
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1 ing in this subsection shall be construed to provide any 

2 exemption from liability for the underlying conduct re3 ported. 

4 ‘‘(b) CERTAIN FINANCIAL INSTITUTIONS.—An entity 

5 described in subsection (d)(1) that voluntarily provides to 

6 the Commission material relevant to the subjects described 

7 in paragraphs (1) or (2) of subsection (a) shall be exempt 

8 from liability in accordance with the provisions of section 

9 5318(g)(3) of title 31, United States Code. 

10 ‘‘(c) CONSUMER COMPLAINTS.—Any entity described 

11 in subsection (d) that voluntarily provides consumer com12 plaints sent to it, or information contained therein, to the 

13 Commission shall not be liable to any person under any 

14 law or regulation of the United States, or under the con15 stitution, or any law or regulation, of any State, political 

16 subdivision of a State, territory of the United States, or 

17 the District of Columbia, for such provision of material 

18 or for any failure to provide notice of such provision of 

19 material. The preceding sentence does not provide any ex20 emption from liability for the underlying conduct. 

21 ‘‘(d) APPLICATION.—This section applies to the fol22 lowing entities, whether foreign or domestic: 

23 ‘‘(1) A financial institution as defined in section 

24 5312 of title 31, United States Code. 
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1 ‘‘(2) To the extent no included in paragraph (1) 

2 a bank or thrift institution, a commercial bank or 

3 trust company, an investment company, a credit 

4 card issuer, an operator of a credit card system, and 

5 an issuer, redeemer, or cashier of travelers’ checks, 

6 money orders, or similar instruments. 

7 ‘‘(3) A courier service, a commercial mail re8 ceiving agency, an industry membership organiza9 tion, a payment system provider, a consumer report10 ing agency, a domain name registrar or registry, and 

11 a provider of alternative dispute resolution services. 

12 ‘‘(4) An Internet service provider or provider of 

13 telephone services.’’. 

14 SEC. 9. STAFF EXCHANGES. 

15 The Federal Trade Commission Act (15 U.S.C. 41 

16 et seq.) is amended by adding after section 25 the fol17 lowing new section: 

18 ‘‘SEC. 25A. STAFF EXCHANGES. 

19 ‘‘(a) IN GENERAL.—The Commission may—

20 ‘‘(1) retain or employ officers or employees of 

21 foreign government agencies on a temporary basis 

22 pursuant to section 2 of this Act, section 3109 of 

23 title 5, or section 202 of title 18, United States 

24 Code; and 
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1 ‘‘(2) detail officers or employees of the Commis2 sion to work on a temporary basis for appropriate 

3 foreign government agencies. 

4 ‘‘(b) RECIPROCITY AND REIMBURSEMENT.—The 

5 staff arrangements described in subsections (a) need not 

6 be reciprocal. The Commission may accept payment or re7 imbursement, in cash or in kind, from a foreign govern8 ment agency to which this section is applicable, or pay9 ment or reimbursement made on behalf of such agency, 

10 for expenses incurred by the Commission, its members, 

11 and employees in carrying out such arrangements.’’. 

12 SEC. 10. INFORMATION SHARING WITH FINANCIAL REGU13 LATORS. 

14 Section 1112(e) of the Right to Financial Privacy Act 

15 (12 U.S.C. 3412(e)) is amended by adding ‘‘the Federal 

16 Trade Commission,’’ after ‘‘the Securities and Exchange 

17 Commission,’’. 

18 SEC. 11. REPORT. 

19 Not later than 3 years after the date of enactment 

20 of this Act, the Federal Trade Commission shall transmit 

21 to Congress a report describing its use of and experience 

22 with the authority granted by this Act, along with any rec23 ommendations for additional legislation. The report shall 

24 include—
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1 (1) the number of cross-border complaints re2 ceived by the Commission; 

3 (2) identification of the foreign agencies to 

4 which the Commission has provided nonpublic inves5 tigative information under this Act; 

6 (3) the number of times the Commission has 

7 used compulsory process on behalf of foreign law en8 forcement agencies pursuant to section 5 of this Act; 

9 (4) a list of international agreements and 

10 memoranda of understanding executed by the Com11 mission that relate to this Act; 

12 (5) the number of times the Commission has 

13 sought delay of notice pursuant pursuant to section 

14 8 of this Act; 

15 (6) a description of the types of information 

16 private entities have provided voluntarily pursuant to 

17 section 9 of this Act; 

18 (7) a description of the results of cooperation 

19 with foreign law enforcement agencies under this 

20 Act; and 

21 (8) an analysis of whether the lack of an ex22 emption from the disclosure requirements of section 

23 552 of title 5, United States Code, with regard to 

24 information or material voluntarily provided relevant 

25 to possible unfair or deceptive acts or practices, has 
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1 hindered the Commission in investigating or engag2 ing in enforcement proceedings against such prac3 tices.

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