Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006
PL 109-455 (S.1608), enacted 12/22/2006

120 STAT. 3372
PUBLIC LAW 109–455—DEC. 22, 2006
Public Law 109–455
109th Congress
An Act
To enhance Federal Trade Commission enforcement against illegal spam, spyware,
and cross-border fraud and deception, and for other purposes.
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 ‘‘Undertaking Spam, Spyware,
And Fraud Enforcement With Enforcers beyond Borders Act of
2006’’ or the ‘‘U.S. SAFE WEB Act of 2006’’.
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—
‘‘(1) any agency or judicial authority of a foreign govern-
ment, including a foreign state, a political subdivision of a
foreign state, or a multinational organization constituted by
and comprised of foreign states, that is vested with law enforce-
ment or investigative authority in civil, criminal, or administra-
tive matters; and
‘‘(2) any multinational organization, to the extent that it
is acting on behalf of an entity described in paragraph (1).’’.
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 subsection (a), the term ‘unfair
or deceptive acts or practices’ includes such acts or practices
involving foreign commerce that—
‘‘(i) cause or are likely to cause reasonably foreseeable
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 paragraph, including
restitution to domestic or foreign victims.’’.
SEC. 4. POWERS OF THE COMMISSION.
(a) PUBLICATION OF INFORMATION; REPORTS.—Section 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 ‘‘purposes, and
(2) to any officer or employee of any foreign law enforcement
15 USC 58 note.
Undertaking
Spam, Spyware,
and Fraud With
Enforcers beyond
Borders Act of
2006.
Dec. 22, 2006
[S. 1608]
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120 STAT. 3373
PUBLIC LAW 109–455—DEC. 22, 2006
agency under the same circumstances 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 Fed-
eral 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 ENFORCE-
MENT 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, possible violations of laws prohibiting fraudulent or
deceptive commercial practices, or other practices substantially
similar to practices prohibited by any provision of the laws
administered by the Commission, other than Federal antitrust
laws (as defined in section 12(5) of the International Antitrust
Enforcement Assistance Act of 1994 (15 U.S.C. 6211(5))), to
provide the assistance described in paragraph (2) without
requiring that the conduct identified in the request constitute
a violation of the laws of the United States.
‘‘(2) TYPE
OF
ASSISTANCE.—In providing assistance to a
foreign law enforcement agency under this subsection, the
Commission may—
‘‘(A) conduct such investigation as the Commission
deems necessary to collect information and evidence perti-
nent to the request for assistance, using all investigative
powers authorized 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 refers a request to the Commis-
sion from an agency acting to investigate or pursue the
enforcement of criminal laws, seek and accept appointment
by a United States district court of Commission attorneys
to provide assistance to foreign 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 deciding whether
to provide such assistance, the Commission shall consider all
relevant factors, including—
‘‘(A) whether the requesting agency has agreed to pro-
vide or will provide reciprocal assistance to the Commis-
sion;
‘‘(B) whether compliance with the request would preju-
dice the public interest of the United States; and
‘‘(C) whether the requesting agency’s investigation 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 foreign law enforce-
ment 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
information to the Commission, the Commission, with prior
approval and ongoing oversight of the Secretary of State, and
with final approval of the agreement by the Secretary of State,
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120 STAT. 3374
PUBLIC LAW 109–455—DEC. 22, 2006
may negotiate and conclude an international agreement, in
the name of either the United States or the Commission, for
the purpose of obtaining such assistance, materials, or informa-
tion. The Commission may undertake in such an international
agreement to—
‘‘(A) provide assistance using the powers set forth in
this subsection;
‘‘(B) disclose materials and information in accordance
with subsection (f) and section 21(b); and
‘‘(C) engage in further cooperation, and protect mate-
rials and information received from disclosure, as author-
ized by this Act.
‘‘(5) ADDITIONAL AUTHORITY.—The authority provided by
this subsection is in addition to, and not in lieu of, any other
authority vested in the Commission or any other officer of
the United States.
‘‘(6) LIMITATION.—The authority granted by this subsection
shall not authorize the Commission to take any action or exer-
cise any power with respect to a bank, a savings and loan
institution described in section 18(f)(3) (15 U.S.C. 57a(f)(3)),
a Federal credit union described in section 18(f)(4) (15 U.S.C.
57a(f)(4)), or a common carrier subject to the Act to regulate
commerce, except in accordance with the undesignated proviso
following the last designated subsection of section 6 (15 U.S.C.
46).
‘‘(7) ASSISTANCE TO CERTAIN COUNTRIES.—The Commission
may not provide investigative assistance under this subsection
to a foreign law enforcement agency from a foreign state that
the Secretary of State has determined, in accordance with
section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)), has repeatedly provided support for acts of inter-
national terrorism, unless and until such determination is
rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C.
App. 2405(j)(4)).
‘‘(k) REFERRAL
OF EVIDENCE
FOR CRIMINAL PROCEEDINGS.—
‘‘(1) IN GENERAL.—Whenever the Commission obtains evi-
dence that any person, partnership, or corporation, either
domestic or foreign, has engaged in conduct that may constitute
a violation of Federal criminal law, to transmit such evidence
to the Attorney General, who may institute criminal pro-
ceedings under appropriate statutes. Nothing in this paragraph
affects any other authority of the Commission to disclose
information.
‘‘(2) INTERNATIONAL INFORMATION.—The Commission shall
endeavor to ensure, with respect to memoranda of under-
standing and international agreements it may conclude, that
material it has obtained from foreign law enforcement agencies
acting to investigate or pursue the enforcement of foreign
criminal laws may be used for the purpose of investigation,
prosecution, or prevention of violations of United States
criminal laws.
‘‘(l) EXPENDITURES
FOR
COOPERATIVE
ARRANGEMENTS.—To
expend appropriated funds for—
‘‘(1) operating expenses and other costs of bilateral and
multilateral cooperative law enforcement groups conducting
activities of interest to the Commission and in which the
Commission participates; and
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120 STAT. 3375
PUBLIC LAW 109–455—DEC. 22, 2006
‘‘(2) expenses for consultations and meetings hosted by
the Commission with foreign government agency officials, mem-
bers of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to the
Commission’s mission, development and implementation of
cooperation agreements, and provision of technical assistance
for the development of foreign consumer protection or competi-
tion regimes, such expenses to include necessary administrative
and logistic expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including—
‘‘(A) such incidental expenses as meals taken in the
course of such attendance;
‘‘(B) any travel and transportation to or from such
meetings; and
‘‘(C) any other related lodging or subsistence.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—The Federal Trade
Commission is authorized to expend appropriated funds not to
exceed $100,000 per fiscal year for purposes of section 6(l) of the
Federal Trade Commission Act (15 U.S.C. 46(l)) (as added by sub-
section (b) of this section), including operating expenses and other
costs of the following bilateral and multilateral cooperative law
enforcement agencies and organizations:
(1) The International Consumer Protection and Enforce-
ment Network.
(2) The International Competition Network.
(3) The Mexico-U.S.-Canada Health Fraud Task Force.
(4) Project Emptor.
(5) The Toronto Strategic Partnership and other regional
partnerships with a nexus in a Canadian province.
(d) CONFORMING AMENDMENT.—Section 6 of the Federal Trade
Commission Act (15 U.S.C. 46) is amended by striking ‘‘clauses
(a) and (b)’’ in the proviso following subsection (l) (as added by
subsection (b) of this section) and inserting ‘‘subsections (a), (b),
and (j)’’.
SEC. 5. REPRESENTATION IN FOREIGN LITIGATION.
Section 16 of the Federal Trade Commission Act (15 U.S.C.
56) is amended by adding at the end the following:
‘‘(c) FOREIGN LITIGATION.—
‘‘(1) COMMISSION ATTORNEYS.—With the concurrence of the
Attorney General, the Commission may designate Commission
attorneys to assist the Attorney General in connection with
litigation in foreign courts on particular matters in which the
Commission has an interest.
‘‘(2) REIMBURSEMENT FOR FOREIGN COUNSEL.—The Commis-
sion is authorized to expend appropriated funds, upon agree-
ment with the Attorney General, to reimburse the Attorney
General for the retention of foreign counsel for litigation in
foreign courts and for expenses related to litigation in foreign
courts in which the Commission has an interest.
‘‘(3) LIMITATION ON USE OF FUNDS.—Nothing in this sub-
section authorizes the payment of claims or judgments from
any source other than the permanent and indefinite appropria-
tion authorized by section 1304 of title 31, United States Code.
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120 STAT. 3376
PUBLIC LAW 109–455—DEC. 22, 2006
‘‘(4) OTHER AUTHORITY.—The authority provided by this
subsection is in addition to any other authority of the Commis-
sion or the Attorney General.’’.
SEC. 6. SHARING INFORMATION WITH FOREIGN LAW ENFORCEMENT
AGENCIES.
(a) MATERIAL OBTAINED PURSUANT TO COMPULSORY 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 custodian may
make such material available to any foreign law enforcement agency
upon the prior certification of an appropriate official 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 con-
fidence 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 inves-
tigating, or engaging in enforcement proceedings related to,
possible violations of—
‘‘(i) foreign laws prohibiting fraudulent or deceptive
commercial practices, or other practices substantially
similar to practices prohibited by any law administered
by the Commission;
‘‘(ii) a law administered by the Commission, if disclo-
sure of the material would further a Commission investiga-
tion or enforcement proceeding; 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 pur-
pose of investigating, or engaging in enforcement proceedings
based on, possible violations of law by a bank, a savings and
loan institution described 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 Federal Trade Commis-
sion Act (15 U.S.C. 57a(f)(4)); and
‘‘(D) the foreign law enforcement agency is not from a
foreign state that the Secretary of State has determined, in
accordance with section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided sup-
port for acts of international terrorism, unless and until such
determination 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
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120 STAT. 3377
PUBLIC LAW 109–455—DEC. 22, 2006
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 FOREIGN SOURCES.—
Section 21(f) of the Federal Trade Commission 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 received by the
Commission in any investigation, a purpose of which is to
determine whether any person may have violated any provision
of the laws administered by the Commission, and which is
provided pursuant to any compulsory process under this Act
or which is provided voluntarily in place of such compulsory
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) IN GENERAL.—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 provision of law—
‘‘(i) any material obtained from a foreign law
enforcement agency or other foreign government
agency, if the foreign law enforcement agency or other
foreign government 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 consumer complaint
obtained from any other foreign source, if that foreign
source supplying the material has requested confiden-
tial treatment as a condition of providing the material;
or
‘‘(iii) any material reflecting a consumer complaint
submitted to a Commission reporting mechanism spon-
sored in part by foreign law enforcement agencies or
other foreign government agencies.
‘‘(B) SAVINGS PROVISION.—Nothing in this subsection
shall authorize the Commission to withhold information
from the Congress or prevent the Commission from com-
plying with an order of a court of the United States in
an action commenced by the United States or the Commis-
sion.’’.
SEC. 7. CONFIDENTIALITY; DELAYED NOTICE OF PROCESS.
(a) IN GENERAL.—The Federal Trade Commission Act (15 U.S.C.
41 et seq.) is amended by inserting after section 21 the following:
‘‘SEC. 21A. CONFIDENTIALITY AND DELAYED NOTICE OF COMPULSORY
PROCESS FOR CERTAIN THIRD PARTIES.
‘‘(a) APPLICATION WITH OTHER LAWS.—The Right to Financial
Privacy Act (12 U.S.C. 3401 et seq.) and chapter 121 of title 18,
United States Code, shall apply with respect to the Commission,
except as otherwise provided in this section.
‘‘(b) PROCEDURES FOR DELAY OF NOTIFICATION OR PROHIBITION
OF DISCLOSURE.—The procedures for delay of notification or prohibi-
tion of disclosure under the Right to Financial Privacy Act (12
15 USC 57b–2a.
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120 STAT. 3378
PUBLIC LAW 109–455—DEC. 22, 2006
U.S.C. 3401 et seq.) and chapter 121 of title 18, United States
Code, including procedures for extensions of such delays or prohibi-
tions, shall be available to the Commission, provided that, notwith-
standing any provision therein—
‘‘(1) a court may issue an order delaying notification or
prohibiting disclosure (including extending such an order) in
accordance with the procedures of section 1109 of the Right
to Financial Privacy Act (12 U.S.C. 3409) (if notification would
otherwise be required under that Act), or section 2705 of title
18, United States Code, (if notification would otherwise be
required under chapter 121 of that title), if the presiding judge
or magistrate judge finds that there is reason to believe that
such notification or disclosure may cause an adverse result
as defined in subsection (g) of this section; and
‘‘(2) if notification would otherwise be required under
chapter 121 of title 18, United States Code, the Commission
may delay notification (including extending such a delay) upon
the execution of a written certification in accordance with the
procedures of section 2705 of that title if the Commission finds
that there is reason to believe that notification may cause
an adverse result as defined in subsection (g) of this section.
‘‘(c) EX PARTE APPLICATION BY COMMISSION.—
‘‘(1) IN
GENERAL.—If neither notification nor delayed
notification by the Commission is required under the Right
to Financial Privacy Act (12 U.S.C. 3401 et seq.) or chapter
121 of title 18, United States Code, the Commission may apply
ex parte to a presiding judge or magistrate judge for an order
prohibiting the recipient of compulsory process issued by the
Commission from disclosing to any other person the existence
of the process, notwithstanding any law or regulation of the
United States, or under the constitution, or any law or regula-
tion, of any State, political subdivision of a State, territory
of the United States, or the District of Columbia. The presiding
judge or magistrate judge may enter such an order granting
the requested prohibition of disclosure for a period not to exceed
60 days if there is reason to believe that disclosure may cause
an adverse result as defined in subsection (g). The presiding
judge or magistrate judge may grant extensions of this order
of up to 30 days each in accordance with this subsection,
except that in no event shall the prohibition continue in force
for more than a total of 9 months.
‘‘(2) APPLICATION.—This subsection shall apply only in
connection with compulsory process issued by the Commission
where the recipient of such process is not a subject of the
investigation or proceeding at the time such process is issued.
‘‘(3) LIMITATION.—No order issued under this subsection
shall prohibit any recipient from disclosing to a Federal agency
that the recipient has received compulsory process from the
Commission.
‘‘(d) NO LIABILITY FOR FAILURE TO NOTIFY.—If neither notifica-
tion nor delayed notification by the Commission is required under
the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or
chapter 121 of title 18, United States Code, the recipient of compul-
sory process issued by the Commission under this Act shall not
be liable under any law or regulation of the United States, or
under the constitution, or any law or regulation, of any State,
political subdivision of a State, territory of the United States, or
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120 STAT. 3379
PUBLIC LAW 109–455—DEC. 22, 2006
the District of Columbia, or under any contract or other legally
enforceable agreement, for failure to provide notice to any person
that such process has been issued or that the recipient has provided
information in response to such process. The preceding sentence
does not exempt any recipient from liability for—
‘‘(1) the underlying conduct reported;
‘‘(2) a failure to comply with the record retention require-
ments under section 1104(c) of the Right to Financial Privacy
Act (12 U.S.C. 3404), where applicable; or
‘‘(3) any failure to comply with any obligation the recipient
may have to disclose to a Federal agency that the recipient
has received compulsory process from the Commission or
intends to provide or has provided information to the Commis-
sion in response to such process.
‘‘(e) VENUE AND PROCEDURE.—
‘‘(1) IN GENERAL.—All judicial proceedings initiated by the
Commission under the Right to Financial Privacy Act (12 U.S.C.
3401 et seq.), chapter 121 of title 18, United States Code,
or this section may be brought in the United States District
Court for the District of Columbia or any other appropriate
United States District Court. All ex parte applications by the
Commission under this section related to a single investigation
may be brought in a single proceeding.
‘‘(2) IN
CAMERA
PROCEEDINGS.—Upon application by the
Commission, all judicial proceedings pursuant to this section
shall be held in camera and the records thereof sealed until
expiration of the period of delay or such other date as the
presiding judge or magistrate judge may permit.
‘‘(f) SECTION NOT TO APPLY TO ANTITRUST INVESTIGATIONS OR
PROCEEDINGS.—This section shall not apply to an investigation
or proceeding related to the administration of Federal antitrust
laws or foreign antitrust laws (as defined in paragraphs (5) and
(7), respectively, of section 12 of the International Antitrust Enforce-
ment Assistance Act of 1994 (15 U.S.C. 6211)).
‘‘(g) ADVERSE RESULT DEFINED.—For purposes of this section
the term ‘adverse result’ means—
‘‘(1) endangering the life or physical safety of an individual;
‘‘(2) flight from prosecution;
‘‘(3) the destruction of, or tampering with, evidence;
‘‘(4) the intimidation of potential witnesses; or
‘‘(5) otherwise seriously jeopardizing an investigation or
proceeding related to fraudulent or deceptive commercial prac-
tices or persons involved in such practices, or unduly delaying
a trial related to such practices or persons involved in such
practices, including, but not limited to, by—
‘‘(A) the transfer outside the territorial limits of the
United States of assets or records related to fraudulent
or deceptive commercial practices or related to persons
involved in such practices;
‘‘(B) impeding the ability of the Commission to identify
persons involved in fraudulent or deceptive commercial
practices, or to trace the source or disposition of funds
related to such practices; or
‘‘(C) the dissipation, fraudulent transfer, or conceal-
ment of assets subject to recovery by the Commission.’’.
(b) CONFORMING AMENDMENT.—Section 16(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(2)) is amended—
Records.
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120 STAT. 3380
PUBLIC LAW 109–455—DEC. 22, 2006
(1) in subparagraph (C) by striking ‘‘or’’ after the semicolon;
(2) in subparagraph (D) by inserting ‘‘or’’ after the semi-
colon; and
(3) by inserting after subparagraph (D) the following:
‘‘(E) under section 21A of this Act;’’.
SEC. 8. PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.)
is further amended by adding after section 21A (as added by section
7 of this Act) the following:
‘‘SEC. 21B. PROTECTION FOR VOLUNTARY PROVISION OF INFORMA-
TION.
‘‘(a) IN GENERAL.—
‘‘(1) NO LIABILITY FOR PROVIDING CERTAIN MATERIAL.—An
entity described in paragraphs (2) or (3) of subsection (d) that
voluntarily provides material to the Commission that such
entity reasonably believes is relevant to—
‘‘(A) a possible unfair or deceptive act or practice, as
defined in section 5(a) of this Act; or
‘‘(B) assets subject to recovery by the Commission,
including assets located in foreign jurisdictions;
shall not be liable to any person under any law or regulation
of the United States, or under the constitution, or any law
or regulation, of any State, political subdivision of a State,
territory of the United States, or the District of Columbia,
for such provision of material or for any failure to provide
notice of such provision of material or of intention to so provide
material.
‘‘(2) LIMITATIONS.—Nothing in this subsection shall be con-
strued to exempt any such entity from liability—
‘‘(A) for the underlying conduct reported; or
‘‘(B) to any Federal agency for providing such material
or for any failure to comply with any obligation the entity
may have to notify a Federal agency prior to providing
such material to the Commission.
‘‘(b) CERTAIN FINANCIAL INSTITUTIONS.—An entity described in
paragraph (1) of subsection (d) shall, in accordance with section
5318(g)(3) of title 31, United States Code, be exempt from liability
for making a voluntary disclosure to the Commission of any possible
violation of law or regulation, including—
‘‘(1) a disclosure regarding assets, including assets located
in foreign jurisdictions—
‘‘(A) related to possibly fraudulent or deceptive
commercial practices;
‘‘(B) related to persons involved in such practices; or
‘‘(C) otherwise subject to recovery by the Commission;
or
‘‘(2) a disclosure regarding suspicious chargeback rates
related to possibly fraudulent or deceptive commercial practices.
‘‘(c) CONSUMER COMPLAINTS.—Any entity described in sub-
section (d) that voluntarily provides consumer complaints sent to
it, or information contained therein, to the Commission shall not
be liable to any person under any law or regulation of the United
States, or under the constitution, or any law or regulation, of
any State, political subdivision of a State, territory of the United
States, or the District of Columbia, for such provision of material
or for any failure to provide notice of such provision of material
15 USC 57b–2b.
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120 STAT. 3381
PUBLIC LAW 109–455—DEC. 22, 2006
or of intention to so provide material. This subsection shall not
provide any exemption from liability for the underlying conduct.
‘‘(d) APPLICATION.—This section applies to the following entities,
whether foreign or domestic:
‘‘(1) A financial institution as defined in section 5312 of
title 31, United States Code.
‘‘(2) To the extent not included in paragraph (1), a bank
or thrift institution, a commercial bank or trust company, an
investment company, a credit card issuer, an operator of a
credit card system, and an issuer, redeemer, or cashier of
travelers’ checks, money orders, or similar instruments.
‘‘(3) A courier service, a commercial mail receiving agency,
an industry membership organization, a payment system pro-
vider, a consumer reporting agency, a domain name registrar
or registry acting as such, and a provider of alternative dispute
resolution services.
‘‘(4) An Internet service provider or provider of telephone
services.’’.
SEC. 9. STAFF EXCHANGES.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.)
is amended by adding after section 25 the following new section:
‘‘SEC. 25A. STAFF EXCHANGES.
‘‘(a) IN GENERAL.—The Commission may—
‘‘(1) retain or employ officers or employees of foreign govern-
ment agencies on a temporary basis as employees of the
Commission pursuant to section 2 of this Act or section 3101
or section 3109 of title 5, United States Code; and
‘‘(2) detail officers or employees of the Commission to work
on a temporary basis for appropriate foreign government agen-
cies.
‘‘(b) RECIPROCITY
AND REIMBURSEMENT.—The staff arrange-
ments described in subsection (a) need not be reciprocal. The
Commission may accept payment or reimbursement, in cash or
in kind, from a foreign government agency to which this section
is applicable, or payment or reimbursement made on behalf of
such agency, for expenses incurred by the Commission, its members,
and employees in carrying out such arrangements.
‘‘(c) STANDARDS OF CONDUCT.—A person appointed under sub-
section (a)(1) shall be subject to the provisions of law relating
to ethics, conflicts of interest, corruption, and any other criminal
or civil statute or regulation governing the standards of conduct
for Federal employees that are applicable to the type of appoint-
ment.’’.
SEC. 10. INFORMATION SHARING WITH FINANCIAL REGULATORS.
Section 1112(e) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3412(e)) is amended by inserting ‘‘the Federal Trade
Commission,’’ after ‘‘the Securities and Exchange Commission,’’.
SEC. 11. AUTHORITY TO ACCEPT REIMBURSEMENTS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.)
is amended—
(1) by redesignating section 26 as section 28; and
(2) by inserting after section 25A, as added by section
9 of this Act, the following:
15 USC 58.
15 USC 57c–1.
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PUBLIC LAW 109–455—DEC. 22, 2006
‘‘SEC. 26. REIMBURSEMENT OF EXPENSES.
‘‘The Commission may accept payment or reimbursement, in
cash or in kind, from a domestic or foreign law enforcement agency,
or payment or reimbursement made on behalf of such agency,
for expenses incurred by the Commission, its members, or employees
in carrying out any activity pursuant to a statute administered
by the Commission without regard to any other provision of law.
Any such payments or reimbursements shall be considered a
reimbursement to the appropriated funds of the Commission.’’.
SEC. 12. PRESERVATION OF EXISTING AUTHORITY.
The authority provided by this Act, and by the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) and the Right to Financial
Privacy Act (12 U.S.C. 3401 et seq.), as such Acts are amended
by this Act, is in addition to, and not in lieu of, any other authority
vested in the Federal Trade Commission or any other officer of
the United States.
SEC. 13. SUNSET.
This Act, and the amendments made by this Act, shall cease
to have effect on the date that is 7 years after the date of enactment
of this Act.
SEC. 14. REPORT.
Not later than 3 years after the date of enactment of this
Act, the Federal Trade Commission shall transmit to Congress
a report describing its use of and experience with the authority
granted by this Act, along with any recommendations for additional
legislation. The report shall include—
(1) the number of cross-border complaints received by the
Commission;
(2) identification of the foreign agencies to which the
Commission has provided nonpublic investigative information
under this Act;
(3) the number of times the Commission has used compul-
sory process on behalf of foreign law enforcement agencies
pursuant to section 6 of the Federal Trade Commission Act
(15 U.S.C. 46), as amended by section 4 of this Act;
(4) a list of international agreements and memoranda of
understanding executed by the Commission that relate to this
Act;
(5) the number of times the Commission has sought delay
of notice pursuant to section 21A of the Federal Trade Commis-
sion Act, as added by section 7 of this Act, and the number
of times a court has granted a delay;
(6) a description of the types of information private entities
have provided voluntarily pursuant to section 21B of the Fed-
eral Trade Commission Act, as added by section 8 of this
Act;
(7) a description of the results of cooperation with foreign
law enforcement agencies under section 21 of the Federal Trade
Commission Act (15 U.S.C. 57–2) as amended by section 6
of this Act;
(8) an analysis of whether the lack of an exemption from
the disclosure requirements of section 552 of title 5, United
States Code, with regard to information or material voluntarily
15 USC 44 note.
15 USC 44 note.
15 USC 57c–2.
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PUBLIC LAW 109–455—DEC. 22, 2006
LEGISLATIVE HISTORY—S. 1608:
SENATE REPORTS: No. 109–219 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Mar. 16, considered and passed Senate.
Dec. 8, considered and passed House, amended. Senate concurred in House
amendment.
provided relevant to possible unfair or deceptive acts or prac-
tices, has hindered the Commission in investigating or engaging
in enforcement proceedings against such practices; and
(9) a description of Commission litigation brought in foreign
courts.
Approved December 22, 2006.
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