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H.R. 2243 (103rd): Federal Trade Commission Act Amendments of 1994

The text of the bill below is as of Jun 21, 1993 (Passed the House).


HR 2243 EH

103d CONGRESS

1st Session

H. R. 2243


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 Representatives 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 amendment 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 provision 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 extent 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 submitted 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 Commission 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 Supreme Court directing that the order of the Commission be affirmed or the petition for review 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 determination of law made by the Commission in the proceeding 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 deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1))’ and inserting 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 deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1))’ and inserting 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 deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1))’ and inserting 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 semicolon 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 following:

    ‘SEC. 24. (a) The Commission shall not have any authority to conduct any study, investigation, or prosecution of any agricultural cooperative for any conduct which, because of the provisions of the Act entitled ‘An Act to authorize association of producers of agricultural products’, approved February 18, 1922 (7 U.S.C. 291 et seq., commonly known as the Capper-Volstead Act), is not a violation 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 appropriated $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 intervening 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 include--

      (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 and 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 issued pursuant to remand from a court of appeals or the Supreme Court of an order issued by the Federal 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 issued after the date of enactment of this Act.

Passed the House of Representatives June 21, 1993.

Attest:

Clerk.