[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2243 Engrossed in House (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.
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.