IIA
103D CONGRESS
1ST SESSION
H. R. 2243
IN THE SENATE OF THE UNITED STATES
JUNE 22, 1993
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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).’’.
SEC. 4. CIVIL INVESTIGATIVE DEMANDS.
(a) SECTION 20(a).—Section 20(a) (15 U.S.C. 57b–
1(a)) is amended—
(1) in paragraph (2), by striking ‘‘unfair or de-
ceptive acts or practices in or affecting commerce
(within the meaning of section 5(a)(1))’’ and insert-
ing in lieu thereof ‘‘act or practice or method of
competition declared unlawful by a law administered
by the Commission’’;
(2) in paragraph (3), by striking ‘‘unfair or de-
ceptive acts or practices in or affecting commerce
(within the meaning of section 5(a)(1))’’ and insert-
ing in lieu thereof ‘‘acts or practices or methods of
competition declared unlawful by a law administered
by the Commission’’; and
(3) in paragraph (7), by striking ‘‘unfair or de-
ceptive act or practice in or affecting commerce
(within the meaning of section 5(a)(1))’’ and insert-
ing in lieu thereof ‘‘act or practice or method of
competition declared unlawful by a law administered
by the Commission’’.
(b) SECTION 20(c).—Section 20(c)(1) (15 U.S.C.
57b–1(c)) is amended by striking ‘‘unfair or deceptive acts
or practices in or affecting commerce (within the meaning
of section 5(a)(1))’’ and inserting in lieu thereof ‘‘any act
or practice or method of competition declared unlawful by
a law administered by the Commission’’.
(c) SECTION 20(j).—Section 20(j) (15 U.S.C. 57b–
1(j)) is amended by inserting immediately before the semi-
colon the following: ‘‘, any proceeding under section 11(b)
of the Clayton Act, or any adjudicative proceeding under
any other provision of law’’.
SEC. 5. AGRICULTURAL COOPERATIVES.
The Federal Trade Commission Act is amended by
redesignating sections 24 and 25 as sections 25 and 26,
respectively, and by inserting after section 23 the follow-
ing:
‘‘SEC. 24. (a) The Commission shall not have any au-
thority to conduct any study, investigation, or prosecution
of any agricultural cooperative for any conduct which, be-
cause of the provisions of the Act entitled ‘An Act to au-
thorize association of producers of agricultural products’,
approved February 18, 1922 (7 U.S.C. 291 et seq., com-
monly known as the Capper-Volstead Act), is not a viola-
tion of any of the antitrust Acts or this Act.
‘‘(b) The Commission shall not have any authority
to conduct any study or investigation of any agricultural
marketing orders.’’.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 25 (15 U.S.C. 57c) (as so redesignated by
section 5) is amended to read as follows:
‘‘SEC. 25. To carry out the functions, powers, and
duties of the Commission there are authorized to be appro-
priated $88,000,000 for fiscal year 1993, $92,000,000 for
fiscal year 1994, and $99,000,000 for fiscal year 1995.’’.
SEC. 7. ACTION OF COMMISSION RESPECTING CERTAIN
PROCEEDINGS.
(a) IN GENERAL.—The Federal Trade Commission
shall not have any authority to use any funds which are
authorized under section 25 to be appropriated to carry
out the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) for fiscal years 1993, 1994, or 1995 for the purpose
of submitting statements to, appearing before, or interven-
ing in the proceedings of, any Federal or State agency
unless the Commission notifies the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate of such action as soon as possible.
(b) NOTICE.—The notice required by subsection (a)
with respect to Federal Trade Commission action shall in-
clude—
(1) the name of the agency involved,
(2) the date of such action, and
(3) a concise statement regarding the nature
and purpose of such action.
SEC. 8. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsections
(b) and (c), the amendments made by this Act shall take
effect on the date of enactment of this Act.
(b) SECTION 2.—
(1) IN
GENERAL.—The amendment made by
section 2 shall apply only with respect to cease and
desist orders issued under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) after the date
of enactment of this Act.
(2) CONSTRUCTION.—The amendment made by
section 2 shall not be construed to affect in any
manner a cease and desist order which was issued
before the date of enactment of this Act. Such
amendment shall not be construed to affect in any
manner a cease and desist order issued after the
date of enactment of this Act, if such order was is-
sued pursuant to remand from a court of appeals or
the Supreme Court of an order issued by the Fed-
eral Trade Commission before the date of enactment
of this Act.
(c) SECTION 4.—The amendments made by section
4 shall apply only with respect to compulsory process is-
sued after the date of enactment of this Act.
Passed the House of Representatives June 21, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.