September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5829 

U.S. SAFE WEB ACT OF 2006 

EXTENSION ACT 

Mrs. BONO MACK. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 6131) to extend the Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006, and for other purposes. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 6131 

Be it enacted by the Senate and House of 

Representatives of the United States of America 

in Congress assembled, 

SECTION 1. EXTENSION OF THE U.S. SAFE WEB 

ACT OF 2006. 

Section 13 of the U.S. SAFE WEB Act of 

2006 (Public Law 109–455; 15 U.S.C. 44 note) is 

amended to read as follows: 

‘‘SEC. 13. SUNSET. 

‘‘Effective September 30, 2020, this Act, and 

the amendments made by this Act, are repealed, and any provision of law amended by 

this Act shall be amended to read as if this 

Act had not been enacted into law.’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 

California (Mrs. BONO MACK) and the 

gentleman from North Carolina (Mr. 

BUTTERFIELD) each will control 20 minutes. 

The Chair recognizes the gentlewoman from California. 

GENERAL LEAVE

Mrs. BONO MACK. Mr. Speaker, I 

ask unanimous consent that all Members may have 5 legislative days in 

which to revise and extend their remarks and insert extraneous materials 

in the RECORD on H.R. 6131. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from California? 

There was no objection. 

Mrs. BONO MACK. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, as chairman of the 

House Subcommittee on Commerce, 

Manufacturing and Trade, I rise today 

in strong support of H.R. 6131, a bill to 

reauthorize the U.S. SAFE Web Act of 

2006. 

I would like to thank Energy and 

Commerce Committee Chairman UPTON

for his leadership on this important 

issue, as well as Ranking Member WAXMAN. But a special thank you also goes 

out to my good friend and lead coauthor of H.R. 6131, our subcommittee’s 

ranking member, Mr. BUTTERFIELD of 

North Carolina, for his strong bipartisan support. 

When it comes to the future of electronic commerce, consumer trust and 

online privacy are trending topics that 

Americans care very deeply about. 

Today, the Internet serves billions of 

users worldwide with e-commerce in 

the U.S. topping $200 billion last year 

for the first time and up a remarkable 

15 percent so far this year. But lurking 

online are hackers, cyberthieves, and 

even organized crime rings. 

As someone who is deeply involved in 

online privacy issues, as well as consumer protection, I’m very concerned 

that e-commerce will cease to grow and 

flourish if Americans lose faith in their 

ability to be protected from online 

predators, jeopardizing future innovation, as well as our Nation’s fragile 

economic recovery. 

One important tool in combating 

crossborder fraud, spam, and spyware 

is this act, which is set to expire next 

year. H.R. 6131 reauthorizes important 

crime-fighting and consumer protection law for another 7 years. 

By any measure, the U.S. SAFE Web 

Act has been extremely effective, allowing the Federal Trade Commission 

to better protect U.S. consumers from 

fraud, deception, spam and spyware, 

and crossborder cases involving threats 

originating both domestically and 

abroad. And to give you an idea of just 

how well it’s working, no opposition to 

reauthorizing the law has been expressed from either the business community or by advocacy groups. 

Most importantly, the U.S. SAFE 

Web Act enhances the FTC’s investigative and enforcement functions by authorizing information sharing with foreign enforcement agencies, something 

the commission may not do without 

express authorization. The act only allows information sharing with countries whose law on data sharing is substantially similar to that governing 

the FTC, and the FTC may share data 

only under conditions where the information will be treated confidentially 

and a country will reciprocate information sharing with the FTC. Clearly, we 

would be fighting an uphill battle if 

these critically important consumer 

protections were not in place. 

About a decade ago, the Federal 

Trade Commission began to highlight 

the growing problems that it encountered in effectively combating Internet 

scams and fraud directed at American 

citizens by foreign operators, oftentimes involving organized crime rings. 

By 2005, an estimated 20 percent of consumer complaints the FTC received involved fraud originating outside of the 

U.S., costing American consumers hundreds of millions of dollars each year. 

In order to expand its ability to effectively fight online fraud, the FTC sent 

Congress legislative recommendations 

in 2005 seeking additional authorities. 

Without objection, Congress passed the 

U.S. SAFE Web Act on December 6, 

2006, and it was signed into law 2 weeks 

later by President Bush. For American 

consumers, the U.S. SAFE Web Act has 

been a clear success to date, and it 

should be reauthorized before its expiration next year. 

Mr. Speaker, I strongly urge the passage of H.R. 6131, and I reserve the balance of my time. 

Mr. BUTTERFIELD. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, I rise today in strong 

support of H.R. 6131, a bill that will reauthorize certain powers granted to 

the Federal Trade Commission under 

the U.S. SAFE Web Act that are set to 

expire very soon. 

Congresswoman BONO MACK, the 

chair of the Commerce, Manufacturing 

and Trade Subcommittee of Energy 

and Commerce and I and our staffs 

worked together in a bipartisan manner to quickly get this very important 

reauthorization language out of the 

committee and onto the House floor. 

When the bill was first authored in 

the 109th Congress, it was overwhelmingly supported by both Republicans 

and Democrats and passed the House 

under suspension of the rules. So I am 

happy to see that this reauthorization 

is proceeding in much the same way. 

This law provides the Federal Trade 

Commission with expanded and enhanced authorities with the aim of 

combating crossborder spyware and 

spam attacks against the U.S., as well 

as helping protect consumers from 

phony Internet rip-offs and telemarketing scams. The enhanced authority has empowered the FTC to better protect American consumers 

through robust crossborder information sharing, investigative assistance, 

and coalition building with foreign 

consumer protection agencies. 

In a 2009 report to Congress, the FTC 

noted the significant role the act has 

played in facilitating crossborder cooperation in investigations and enforcement proceedings, along with the 

growing need for continued cooperation 

to combat new and existing global 

fraud. Simply put, Mr. Speaker, the expanded authorities are working to protect the American people, and Congress 

needs to make sure they remain in 

place so the Federal Trade Commission 

can effectively combat crossborder 

scams. 

The original SAFE Web Act passed in 

the 109th Congress included a sunset 

provision that will cause these enhanced authorities to expire in December of next year. H.R. 6131 will extend 

these authorities to September of the 

year 2020. 

Mr. Speaker, I am a strong supporter 

of granting the FTC the powers it 

needs to effectively protect consumers 

against fraud, whether originating here 

or abroad. 

b 1720 

So I joined my good friend, Congresswoman BONO MACK, in pushing the 7- 

year extension in this bill. It is important to highlight that each and every 

FTC Commissioner, all of them, of both 

political parties, have called for a permanent reauthorization. 

I joined with the FTC in calling for 

the sunset clause in the U.S. SAFE 

WEB Act to be completely repealed, 

and it is still, it is still my opinion and 

the opinion of several in our committee that this is a better approach. 

Nonetheless, Mr. Speaker, both parties can agree, and the FTC’s enforcement record shows, that this has been 

a successful law, so we should not 

delay. We should not delay or disrupt 

the FTC’s ability to protect the American people from those who want to 

take advantage of them. I hope my colleagues will agree with us and will join 

with us in supporting this measure. 


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H5830 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

Again, I want to thank the gentlelady from California for her friendship 

and her leadership on the committee. 

You have just been extraordinary. I 

also want to thank the chairman of the 

full committee, Mr. UPTON, the gentleman from Michigan, as well as my 

ranking member, Mr. WAXMAN, from 

California. All of us, all of us have 

worked together so diligently to make 

this happen, and I thank you so very 

much. 

I will close by simply reiterating 

what I have said the last 3 or 4 minutes. This is a good bill. We have bipartisan support for this bill. It has been 

expedited to the House floor. I ask my 

colleagues to join with us and get it 

passed, and let’s get it enacted into 

law. 

I yield back the balance of my time. 

Mrs. BONO MACK. Mr. Speaker, in 

closing, I just would like to say that 

today, with nearly 1.5 billion credit 

cards now in use in the U.S., nearly everyone has a stake in making certain 

that the FTC has the powers that it 

needs to combat cross-border fraud, 

spam, and spyware. 

Rather than give the FTC more 

power, the U.S. SAFE WEB Act is simply giving the FTC the tools it needs to 

carry out its mission more effectively; 

and it’s done so without increasing the 

cost to American taxpayers, without 

any new rulemaking, and without any 

new investigative authority. Reauthorizing the U.S. SAFE WEB Act as soon 

as possible will avoid disrupting ongoing investigations, allowing the FTC to 

continue to pursue cross-border fraud 

complaints and to continue important 

information-sharing agreements with 

foreign law enforcement agencies. 

Again, let me just emphasize that 

this is a critically important consumer 

protection bill, it enjoys broad bipartisan support, it doesn’t cost any additional money, and the clock is ticking. 

The law needs to be reauthorized now. 

It’s good for American consumers, 

and it’s good for the future of e-commerce. It sends an important signal to 

the rest of the world that online 

crooks, no matter where they’re located, will be tracked down and prosecuted. 

Mr. Speaker, I urge the adoption of 

H.R. 6131, and I yield back the balance 

of my time. 

Mr. STEARNS. Mr. Speaker, in 2006 when 

the original SAFE WEB Act was signed into 

law, I was Chairman of the Energy and Commerce Committee’s Subcommittee on Commerce, Trade, and Consumer Protection. I believed then, as I believe now, that this bill provided needed authority to the Federal Trade 

Commission to address cross border fraud. 

Essentially, the SAFE WEB Act ensures that 

the FTC can effectively combat Internet scams 

and fraud being perpetrated against U.S. citizens by foreign operators. Throughout my tenure in Congress I have worked to pass strong 

data security and cyber protections for consumers, and the SAFE WEB Act directly correlates with this mission. 

Without reauthorization, the Act and its 

grant of authorities to the FTC will expire on 

December 22, 2013. I appreciate Chairman 

BONO MACK’s attention to this issue and focus 

on reauthorizing this bill before it expires. 

Delay in reauthorization could threaten the 

strong relationships the FTC has been able to 

build with foreign countries, such as Canada, 

these past six years. 

I am also pleased to see that while today’s 

bill will extend the SAFE WEB Act for an additional seven years, it also makes clear that the 

law will sunset if not again reauthorized. While 

I applaud what the FTC has done so far, I 

support sun-setting laws that provide independent agencies with new authorities. Such 

action guards against bureaucratic overreach 

and preserves important Congressional oversight. 

In conclusion, I believe this is an important 

bill and I encourage all my colleagues to support this bill. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentlewoman from California (Mrs. 

BONO MACK) that the House suspend 

the rules and pass the bill, H.R. 6131. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill was 

passed. 

A motion to reconsider was laid on 

the table. 

f 

AMERICAN MANUFACTURING 

COMPETITIVENESS ACT OF 2012 

Mrs. BONO MACK. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 5865) to promote the growth 

and competitiveness of American manufacturing, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 5865 

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 ‘‘American 

Manufacturing Competitiveness Act of 2012’’. 

SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGY. 

Not later than June 1, 2014, and June 1, 

2018, the President shall submit to Congress, 

and publish on a public website, a strategy 

to promote growth, sustainability, and competitiveness in the Nation’s manufacturing 

sector, create well-paid, stable jobs, enable 

innovation and investment, and support national security. 

SEC. 3. MANUFACTURING COMPETITIVENESS 

BOARD. 

(a) IN GENERAL.—On the first day of each of 

the two Presidential terms following the 

date of enactment of this Act, there is established within the Department of Commerce 

an American Manufacturing Competitiveness Board. 

(b) MEMBERS.—Members of the Board shall 

be appointed as follows: 

(1) PUBLIC SECTOR MEMBERS.—The President shall appoint to the Board— 

(A) the Secretary of Commerce; 

(B) Governors of two States, from different 

political parties, after consulting with the 

National Governors Association; and 

(C) two other members who are current or 

former officials of the executive branch of 

government. 

(2) PRIVATE SECTOR MEMBERS.— 

(A) CRITERIA.—Ten individuals from the 

private sector shall be appointed to the 

Board in accordance with subparagraph (B) 

from among individuals with experience in 

the areas of— 

(i) managing manufacturing companies, including businesses with fewer than 100 employees; 

(ii) managing supply chain providers; 

(iii) managing labor organizations; 

(iv) workforce development; 

(v) finance; 

(vi) analyzing manufacturing policy and 

competitiveness; 

(vii) conducting manufacturing-related research and development; and 

(viii) the defense industrial base. 

(B) APPOINTMENT.—The Speaker of the 

House of Representatives and the majority 

leader of the Senate shall each appoint 3 

members to the Board. The minority leader 

of the House of Representatives and the minority leader of the Senate shall each appoint 2 members to the Board. 

(c) TERMINATION.—The Board shall terminate 60 days after submitting its final report 

pursuant to section 4(c)(3). 

(d) CO-CHAIRMEN.—The co-chairmen of the 

Board shall be the Secretary of Commerce 

(or the designee of the Secretary) and a 

member elected by the private sector members of the Board appointed pursuant to subsection (b)(2). 

(e) SUBGROUPS.—The Board may convene 

subgroups to address particular industries, 

policy topics, or other matters and to take 

advantage of the expertise of other individuals and entities in matters to be addressed 

by the Board. Such subgroups may include 

members representing any of the following: 

(1) Other Federal agencies, as the co-chairmen determine appropriate. 

(2) State, tribal, and local governments. 

(3) The private sector. 

(f) QUORUM.—Ten members of the Board 

shall constitute a quorum for the transaction of business but a lesser number may 

hold hearings with the agreement of the cochairmen. 

(g) MEETINGS AND HEARINGS.— 

(1) TIMING AND FREQUENCY OF MEETINGS.— 

The Board shall meet at the call of the cochairmen, and not fewer than 2 times. 

(2) PUBLIC HEARINGS REQUIRED.—The Board 

shall convene public hearings to solicit views 

on the Nation’s manufacturing sector and 

recommendations for the national manufacturing competitiveness strategy. 

(3) LOCATIONS OF PUBLIC HEARINGS.—The locations of public hearings convened under 

paragraph (2) shall ensure the inclusion of 

multiple regions and industries of the manufacturing sector. 

(h) APPLICATION OF FEDERAL ADVISORY

COMMITTEE ACT.—The Federal Advisory 

Committee Act (5 U.S.C. App.), other than 

section 14 of such Act, shall apply to the 

Board, including any subgroups established 

pursuant to subsection (e). 

SEC. 4. DUTIES OF THE BOARD. 

(a) IN GENERAL.—The Board shall— 

(1) advise the President on issues affecting 

the Nation’s manufacturing sector; 

(2) conduct a comprehensive analysis in accordance with subsection (b); and 

(3) develop a national manufacturing competitiveness strategy in accordance with subsection (c). 

(b) COMPREHENSIVE ANALYSIS.—In developing a national manufacturing competitiveness strategy under subsection (c), the Board 

shall conduct a comprehensive analysis of 

the Nation’s manufacturing sector, taking 

into consideration analyses, data, and other 

information previously compiled, as well as 

relevant reports, plans, or recommendations 

issued by Federal agencies, Federal advisory 

boards, and the private sector. Such analysis 

shall, to the extent feasible, address— 


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