retention of foreign counsel for litigation in foreign 
courts, and for expenses related to litigation in for-
eign 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 perma-
nent and indefinite appropriation authorized by sec-
tion 1304 of title 31, United States Code. 
‘‘(4) OTHER AUTHORITY.—The authority pro-
vided by this subsection is in addition to any other 
authority of the Commission or the Attorney Gen-
eral.’’. 
SEC. 6. SHARING INFORMATION WITH FOREIGN LAW EN-
FORCEMENT AGENCIES. 
(a) MATERIAL OBTAINED PURSUANT TO COMPUL-
SORY 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 following: ‘‘The custodian may make 
such material available to any foreign law enforcement 
agency upon the prior certification of an appropriate offi-
cial 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 pro-
ceedings related to, possible violations of—
‘‘(i) foreign laws prohibiting fraudulent or 
deceptive commercial practices or other prac-
tices substantially similar to practices prohib-
ited by any law administered by the Commis-
sion; 
‘‘(ii) a law administered by the Commis-
sion, if disclosure of the material would further 
a Commission investigation or enforcement pro-
ceeding; 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 en-
forcement proceedings based on, possible violations 
of law by a bank, a savings and loan institution de-
scribed 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 Fed-
eral Trade Commission Act (15 U.S.C. 57a(f)(4)); 
and 
‘‘(D) the foreign law enforcement agency is not 
from a country that the Secretary of State has de-
termined, in accordance with section 6(j) of the Ex-
port Administration Act of 1979 (50 U.S.C. App. 
2405(j)), has repeatedly provided support for acts of 
international terrorism, unless and until such deter-
mination 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 Inter-
national 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 FOR-
EIGN SOURCES.—Section 21(f) of the Federal Trade Com-
mission 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 re-
ceived by the Commission in any investigation, a 
purpose of which is to determine whether any person 
may have violated any provision of the laws adminis-
tered by the Commission, and which is provided pur-
suant to any compulsory process under this Act or 
which is provided voluntarily in place of such com-
pulsory 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) 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 provi-
sion of law— 
‘‘(i) any material obtained from a for-
eign law enforcement agency or other for-
eign government agency, if the foreign law 
enforcement agency or other foreign gov-
ernment 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 con-
sumer complaint obtained from any other 
foreign source, if that foreign source sup-
plying the material has requested confiden-
tial treatment as a condition of providing 
the material; or 
‘‘(iii) any material reflecting a con-
sumer complaint submitted to a Commis-
sion reporting mechanism sponsored in 
part by foreign law enforcement agencies 
or other foreign government agencies. 
‘‘(B) Nothing in this subsection shall au-
thorize the Commission to withhold information 
from the Congress or prevent the Commission 
from complying with an order of a court of the