IB
Union Calendar No. 76
103D CONGRESS
1ST SESSION
H. R. 2243
[Report No. 103–138]
To amend the Federal Trade Commission Act to extend the authorization
of appropriations in such Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 1993
Mr. SWIFT (for himself and Mr. DINGELL) introduced the following bill; which
was referred to the Committee on Energy and Commerce
JUNE 17, 1993
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To amend the Federal Trade Commission Act to extend
the authorization of appropriations in such Act, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Trade Commission Act Amendments of 1993’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Federal Trade Commission Act.
SEC. 2. EFFECTIVE DATE OF ORDERS.
Section 5(g) (15 U.S.C. 45(g)) is amended to read
as follows:
‘‘(g) An order of the Commission to cease and desist
shall become final as follows:
‘‘(1) Upon the expiration of the time allowed
for filing a petition under subsection (c) for review
if no such petition has been duly filed within such
time, except that the Commission may after the
order becomes final modify or set it aside to the ex-
tent provided in the last sentence of subsection (b).
‘‘(2) Except as to any order provision subject to
paragraph (4), upon the 60th day after such order
is served if a petition under subsection (c) for review
has been duly filed, except that any such order may
be stayed, in whole or in part and subject to such
conditions as may be appropriate, by—
‘‘(A) the Commission,
‘‘(B) an appropriate court of appeals of
the United States if (i) a petition for review of
such order is pending in such court, and (ii) an
application for such a stay was previously sub-
mitted to the Commission and the Commission,
within the 30-day period beginning on the date
the application was received by the Commission,
either denied the application or did not grant or
deny the application, or
‘‘(C) the Supreme Court if an applicable
petition for a writ of certiorari is pending.
‘‘(3) For purposes of subsection (m)(1)(B) and
section 19(a)(2)—
‘‘(A) if a petition under subsection (c) for
review of the order of the Commission has been
filed and if the order of the Commission has
been affirmed or the petition for review has
been dismissed by a court of appeals of the
United States and no petition for certiorari has
been duly filed, upon the expiration of the time
allowed for filing a petition to the Supreme
Court for a writ of certiorari,
‘‘(B) if a petition under subsection (c) for
review of the order of the Commission has been
filed and if the order of the Commission has
been affirmed or the petition for review has
been dismissed by a court of appeals of the
United States, upon the denial of a petition for
a writ of certiorari, or
‘‘(C) if a petition under subsection (c) for
review of the order of the Commission has been
filed, upon the expiration of 30 days from the
date of issuance of a mandate of the Supreme
Court directing that the order of the Commis-
sion be affirmed or the petition for review be
dismissed.
‘‘(4) In the case of an order provision requiring
a person, partnership, or corporation to divest itself
of stock, other share capital, or assets—
‘‘(A) if a petition under subsection (c) for
review of such order of the Commission has
been filed and if the order of the Commission
has been affirmed or the petition for review has
been dismissed by a court of appeals of the
United States and no petition for certiorari has
been duly filed, upon the expiration of the time
allowed for filing a petition to the Supreme
Court for a writ of certiorari,
‘‘(B) if a petition under subsection (c) for
review of such order of the Commission has
been filed and if the order of the Commission
has been affirmed or the petition for review has
been dismissed by a court of appeals of the
United States upon the denial of a petition for
a writ of certiorari, or
‘‘(C) if a petition under subsection (c) for
review of such order of the Commission has
been filed, upon the expiration of 30 days from
the date of issuance of a mandate of the Su-
preme Court directing that the order of the
Commission be affirmed or the petition for re-
view be dismissed.’’.
SEC. 3. PROCEEDINGS SUBSEQUENT TO VIOLATIONS OF
ORDERS.
(a) CIVIL
PENALTIES.—Section 5(m)(1)(B) (15
U.S.C. 45(m)(1)(B)) is amended by inserting ‘‘, other
than a consent order,’’ immediately after ‘‘order’’ the first
time it appears.
(b) DETERMINATIONS OF LAW.—Section 5(m)(2) (15
U.S.C. 45(m)(2)) is amended by adding at the end the
following: ‘‘Upon request of any party to such an action
against such defendant, the court shall also review the de-
termination of law made by the Commission in the pro-
ceeding under subsection (b) that the act or practice which
was the subject of such proceeding constituted an unfair
or deceptive act or practice in violation of subsection (a).’’.