I 
108TH CONGRESS 
2D SESSION 
H. R. 4996 
To enhance Federal Trade Commission enforcement against cross-border 
fraud and deception. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘International 
Consumer Protection Act of 2004’’. 
SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY DEFINED. 
Section 4 of the Federal Trade Commission Act (15 
U.S.C. 44) is amended by adding at the end the following: 
‘‘ ‘Foreign law enforcement agency’ means—
‘‘(A) any agency or judicial authority of a for-
eign government, including a foreign state, a polit-
ical subdivision of a foreign state, or a multinational 
organization constituted by and comprised of foreign 
states, that is vested with law enforcement or inves-
tigative authority in civil, criminal, or administrative 
matters; and 
‘‘(B) any multinational or multiagency organi-
zation to the extent that it is acting on behalf of an 
entity described in subparagraph (A).’’. 
SEC. 3. AVAILABILITY OF REMEDIES. 
Section 5(a) of the Federal Trade Commission Act 
(15 U.S.C. 45(a)) is amended by adding at the end the 
following: 
‘‘(4)(A) For purposes of this subsection, the term 
‘unfair or deceptive acts or practices’ shall include such 
acts or practices involving foreign commerce that— 
‘‘(i) cause or are likely to cause reasonably fore-
seeable injury within the United States; or 
‘‘(ii) involve material conduct occurring within 
the United States. 
‘‘(B) All remedies available to the Commission with 
respect to unfair and deceptive acts or practices shall be 
available for acts and practices described in this para-
graph, including restitution to domestic or foreign vic-
tims.’’. 
SEC. 4. POWERS OF THE COMMISSION. 
(a) PUBLICATION OF INFORMATION; REPORTS.—Sec-
tion 6(f) of the Federal Trade Commission Act (15 U.S.C. 
46(f)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘such information’’ 
the first place it appears; and 
(2) by striking ‘‘purposes.’’ and inserting ‘‘pur-
poses, and (2) to any officer or employee of any for-
eign law enforcement agency under the same cir-
cumstances that making material available to foreign 
law enforcement agencies is permitted under section 
21(b).’’. 
(b) OTHER POWERS OF THE COMMISSION.—Section 
6 of the Federal Trade Commission Act (15 U.S.C. 46) 
is further amended by inserting after subsection (i) and 
before the proviso the following: 
‘‘(j) INVESTIGATIVE ASSISTANCE FOR FOREIGN LAW 
ENFORCEMENT AGENCIES.— 
‘‘(1) IN
GENERAL.—Upon a written request 
from a foreign law enforcement agency to provide 
assistance in accordance with this subsection, if the 
requesting agency states that it is investigating, or 
engaging in enforcement proceedings against, pos-
sible violations of laws prohibiting fraudulent or de-
ceptive commercial practices, or other practices sub-
stantially similar to practices prohibited by any pro-
vision of the laws administered by the Commission, 
other than Federal antitrust laws (as defined in sec-
tion 12(5) of the International Antitrust Enforce-
ment Assistance Act of 1994 (15 U.S.C. 6211(5))), 
the Commission may provide the assistance de-
scribed in paragraph (2) without requiring that the 
conduct identified in the request constitute a viola-
tion of the laws of the United States. 
‘‘(2) TYPE OF ASSISTANCE.—In providing as-
sistance to a foreign law enforcement agency under 
this subsection, the Commission may— 
‘‘(A) conduct such investigation as the 
Commission deems necessary to collect informa-
tion and evidence pertinent to the request for 
assistance, using all investigative powers au-
thorized by this Act; and 
‘‘(B) when the request is from an agency 
acting to investigate or pursue the enforcement 
of civil laws, or when the Attorney General re-
fers a request to the Commission from an agen-
cy acting to investigate or pursue the enforce-
ment of criminal laws, seek and accept appoint-
ment by a United States district court of Com-
mission attorneys to provide assistance to for-
eign and international tribunals and to litigants 
before such tribunals on behalf of a foreign law 
enforcement agency pursuant to section 1782 of 
title 28, United States Code. 
‘‘(3) CRITERIA FOR DETERMINATION.—In de-
ciding whether to provide such assistance, the Com-
mission shall consider all relevant factors, includ-
ing— 
‘‘(A) whether the requesting agency has 
agreed to provide or will provide reciprocal as-
sistance to the Commission; 
‘‘(B) whether compliance with the request 
would prejudice the public interest of the 
United States; and 
‘‘(C) whether the requesting agency’s in-
vestigation or enforcement proceeding concerns 
acts or practices that cause or are likely to 
cause injury to a significant number of persons. 
‘‘(4) INTERNATIONAL AGREEMENTS.—If a for-
eign law enforcement agency has set forth a legal 
basis for requiring execution of an international 
agreement as a condition for reciprocal assistance, 
or as a condition for provision of materials or infor-