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For Immediate Release
04/08/08
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Rob Blumenthal w/Inouye 202-224-8374
Jenilee Keefe w/Inouye 202-224-7824
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Inouye and Dorgan Introduce Bill to Reauthorize Federal Trade Commission
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WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) joined Interstate Commerce, Trade, and Tourism Subcommittee Chairman Byron Dorgan (D-N.D.) to cosponsor the FTC Reauthorization Act of 2008. Introduced today, the measure would reauthorize the Federal Trade Commission (FTC) for the first time since 1996.
“I commend Senator Dorgan for his hard work in drafting this bill. His leadership has been central to this process,” said Chairman Inouye. “The bill contains significant improvements to strengthen the Federal Trade Commission’s ability to protect consumers and deter wrong-doers, particularly in the area of e-commerce fraud. The bill also contains provisions that would expedite Commission processes, resulting in better consumer protection for all Americans.”
The FTC Reauthorization Act of 2008 authorizes a 10 percent increase in the FTC’s appropriations each year over the next seven years, grants the FTC greater civil penalty and independent litigation authority, streamlines the process for creating rules against deceptive practices in the subprime mortgage lending arena, and clarifies that state law with more restrictive requirements for intrastate or interstate telemarketing will not be preempted.
The act is attached. A summary of the act’s key provisions is below:
- Reauthorization Levels: Sets forth authorization levels for seven years starting at $264 million in 2009 and increasing at a rate of 10 percent per year to reach a level of $467.7 million in 2015. Of the total authorized, $10 million is provided for each of fiscal years 2009 through 2015 to continue and enhance the Commission’s provision of international technical assistance. In addition to the annual authorized levels, a total of $20 million is authorized for use during 2009 through 2015 to improve technology in support of the Commission’s consumer protection and competition missions.
- Independent Litigation Authority: The bill provides the FTC with the authority to litigate any civil action involving the Federal Trade Commission Act (FTC Act). Under current law, the Commission may litigate certain cases in its own name, but the majority of the cases are brought by attorneys at the Department of Justice often with the assistance of FTC attorneys who possess the needed technical expertise.
- Specialized Administrative Law Judges: Authorizes the Commission to give preference to administrative law judges (ALJs) who have relevant antitrust or trade regulation litigation experience, and requires the Office of Personnel Management to accommodate such a request, to the maximum extent possible. Currently, there is no mandate that the FTC’s ALJs have technical expertise in consumer protection matters.
- Civil Penalty Authority: Expands the Commission’s authority to recover civil penalties for any violation of the FTC Act. Currently, the FTC is limited to recovering civil penalties for violations of a rule or a final cease and desist order with respect to an unfair or deceptive act or practice.
- Application of the FTC Act to Non-Profits: Expands the Commission’s authority to regulate non-profits for unfair or deceptive acts or practices. Currently, some non-profits have used their tax-exempt status as a shield to block FTC enforcement action.
- Makes Aiding and Abetting a Violation: Allows the Commission to hold entities accountable that aid or abet another in violating any law enforced by the FTC.
- Streamlines Rulemaking Process: Allows the Commission, by majority vote of the full Commission, to promulgate rules under the Administrative Procedure Act (APA) instead of the lengthy procedure set forth in the Magnuson-Moss Act. This provision would help the Commission to conduct rulemakings with respect to any consumer protection matter at a more expedited pace. For rules regarding subprime mortgage lending and nontraditional mortgage loans, the FTC would be required to utilize APA procedures.
- Inclusion of All Banking Agencies Under the FTC Act: Increases the number of federal agencies permitted to promulgate rules regarding unfair or deceptive financial acts or practices under the FTC Act. When these financial regulators promulgate rules under the FTC Act, the FTC would be permitted to promulgate similar rules utilizing APA rulemaking procedures.
- Enforcement of State Attorneys General: Allows State attorneys general (AGs) to bring cases under the FTC Act to seek civil penalties, disgorgement or injunctions against bad actors. State AGs must provide notice to the FTC regarding their intent to bring suit, and may not bring a case if the FTC has initiated a civil action or an administrative action.
- Harmonization of the National Do-Not-Call Registry: Clarifies that states have the right to maintain their own do-not-call registries, if a state’s registry imposes stricter requirements on telemarketers than those imposed by the federal registry.
- Common Carrier Exception: Repeals the telecommunications common carrier exemption. Currently, common carriers subject to the Communications Act of 1934 are exempt from the requirements of the Federal Trade Commission Act. The legislation repeals this exemption, allowing the Commission to protect consumers from unfair and deceptive acts or practices by telecommunications common carriers, particularly in the areas of advertising, marketing, and billing.
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| 30th - |
Commerce Committee to Explore Improving Climate Change Modeling
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Full Committee hearing on Improving the Capacity of U.S. Climate Modeling for Decision-Makers and End-Users to be held May 8, 2008, at 2:30 p.m.
Climate models allow scientists to understand the dynamics of the climate system and predict the effects of climate change by simulating the interactions...
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| 28th - |
Science Subcommittee Announces NASA Reauthorization Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Space, Aeronautics, and Related Sciences Subcommittee hearing on Reauthorizing the Vision for Space Exploration. The hearing is scheduled for Wednesday, May 7, 2008, at 9:30 a.m.
The Subcommittee will consider the issues facing the upcoming reauthorization of the National Aeronautics and Space Admi...
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| 28th - |
Commerce Committee to Hear Testimony from DOC General Counsel, Assistant Secretary Nominees
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Full Committee Nomination Hearing for Lily Fu Claffee to be General Counsel of the U.S. Department of Commerce and for William J. Brennan to be Assistant Secretary of the U.S. Department of Commerce for Oceans and Atmosphere. The hearing is scheduled for Thursday, May 1, 2008 at 2:30 p.m.
Nominatio...
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| 25th - |
Commerce Committee Announces Witnesses for Hearing on Consumer Protections in Subprime Lending
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today announced the witnesses for the upcoming Interstate Commerce, Trade, and Tourism Subcommittee hearing on Improving Consumer Protections in Subprime Home Lending. The witnesses are listed below.
The hearing will consider the history and current status of subprime mortgage lending and non-traditional mort...
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| 24th - |
Inouye and Stevens Introduce Measure to Help Prevent Illegal Seafood from Entering U.S.
- WASHINGTON, D.C. – Senate Commerce, Science, and Transportation Committee Chairman Daniel K. Inouye (D-Hawaii) and Vice Chairman Ted Stevens (R-Alaska), today introduced legislation to close the gaps in United States law that currently allow illegal, unreported, and unregulated (IUU) fish products to enter the country. The International Fisheries Stewardship and Enforcement Act of 2008 wo...
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| 24th - |
Commerce Committee Reports Inouye-Stevens Commercial Seafood Protection Act
- WASHINGTON, D.C. – The Senate Commerce, Science, and Transportation Committee unanimously reported today S. 2688, the Commercial Seafood Consumer Protection Act. The bill, introduced by Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) and Vice Chairman Ted Stevens (R-Alaska) would establish a federal program to ensure that seafood distributed commercially in the United States is fit f...
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| 24th - |
Commerce Committee Approves Resolution Disapproving FCC Rule on Broadcast Media Ownership
- WASHINGTON, D.C. – The Senate Commerce Committee approved today S.J. 28, a Joint Resolution disapproving a February 22, 2008 Federal Communications Commission (FCC) rule allowing for increased media consolidation. The resolution, introduced by Senator Byron Dorgan (D-N.D.), would overturn the FCC ruling (Report and Order FCC 07-216), which allowed for cross ownership of newspapers and broadc...
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| 23rd - |
Commerce Committee Announces Aviation Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces an Aviation Operations, Safety, and Security Subcommittee hearing on The State of the Airline Industry and the Potential Impact of a Delta/Northwest Merger scheduled for May 7, 2008, at 2:30 p.m.
The record high cost of fuel is challenging U.S. air carriers’ ability to achieve continued finan...
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| 22nd - |
Inouye Seeks to Ensure Broadband and the Benefits of the Internet Reach All Americans
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) delivered the following statement at today’s hearing on the future of the Internet.
“The Internet is one of the great success stories of the 20th century. It has been a key factor in the ability of the United States to steadily improve worker productivity for the past 15 years. Our economy and the quali...
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| 21st - |
FCC Chairman Martin Added to Future of the Internet Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces one additional witness for tomorrow’s Full Committee hearing on The Future of the Internet. In addition to the previously announced witnesses, the Honorable Kevin J. Martin, Chairman of the Federal Communications Commission (FCC), will appear before the Committee. The witnesses are listed below.
...
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| 18th - |
Commerce Committee Announces Witnesses for Future of the Internet Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today announced the witnesses for the upcoming Full Committee hearing on The Future of the Internet. The witnesses are listed below.
The hearing will focus on developing applications, consumer expectations, and network operation.
The Future of the Internet
Full Committee
Date: Tuesday, April 22, 2008
Ti...
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| 18th - |
Commerce Committee Announces Witnesses for Phantom Traffic Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today announced the witnesses for the upcoming Full Committee hearing on Phantom Traffic. The witnesses are listed below.
The hearing will examine concerns regarding traffic over telephone networks that is sent without identifying information used for intercarrier billing purposes.
Phantom Traffic
Full Com...
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| 18th - |
Commerce Committee Announces Witnesses for Hearing on Moving Passengers and Freight into the Future
- The Senate Committee on Commerce, Science, and Transportation today announced the witnesses for the Full Committee hearing on Moving Passengers and Freight into the Future: A Review of the Report of the National Surface Transportation Policy and Revenue Study Commission. The witnesses are listed below.
The hearing will examine the Report’s recommendations relating to freight mobility; hig...
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| 17th - |
Senate Commerce Committee Announces April 24 Markup Agenda
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announced today the agenda for its Executive Session scheduled for Thursday, April 24, 2008, at 10:30 a.m. Committee members will consider:
S. 2688, the Commercial Seafood Consumer Protection Act
S.J. Res 28, A joint resolution disapproving the rule submitted by the Federal Communications Commiss...
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| 11th - |
Commerce Committee to Explore the Future of the Internet
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Full Committee hearing on The Future of the Internet to be held April 22, 2008, at 10 a.m.
The hearing will focus on developing applications, consumer expectations, and network operation.
The Future of the Internet
Full Committee
Date: Tuesday, April 22, 2008
Time: 10:00 a.m.
Location: Ro...
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| 11th - |
Science Subcommittee to Hold Reauthorization Hearing on National Nanotechnology Initiative
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Science, Technology, and Innovation Subcommittee hearing on National Nanotechnology Initiative: Charting the Course for Reauthorization to be held Thursday, April 24, 2008, at 2:30 p.m.
Nanotechnology has the potential to be the next great technological revolution. Currently, the federal investmen...
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| 11th - |
Interstate Commerce Subcommittee to Examine Improving Consumer Protections in Subprime Lending
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces an Interstate Commerce, Trade, and Tourism Subcommittee hearing on Improving Consumer Protections in Subprime Home Lending to be held Tuesday, April 29, 2008, at 10:30 a.m.
The hearing will consider the history and current status of subprime mortgage lending and non-traditional mortgage loans execu...
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| 10th - |
Inouye Aims to Ensure Hawaii’s Air Service Remains Strong
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) delivered the following statement at today’s Full Committee hearing on Challenges Facing Hawaii’s Air Service Market.
“As an island state, Hawaii is uniquely dependent on commercial aviation. Our state’s economy requires a vibrant air service sector to connect us within the state, to the rest...
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| 10th - |
Inouye Seeks Answers to Recent Airline Safety Gaps
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) issued the following statement at today’s oversight hearing on aviation safety.
“The traveling public has been very fortunate that despite the recent publicized lapses in safety inspections and maintenance, we are currently experiencing the safest period in the history of aviation.
“Safety is th...
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| 10th - |
Commerce Committee Announces Additional Witnesses for Hearing on Hawaii’s Air Service Market
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the addition of two witnesses for a Full Committee hearing on Challenges Facing Hawaii’s Air Service Market scheduled for today, at 2:30 p.m. The additional witnesses are Mr. Barry Fukunaga, Chief of Staff for Hawaii Governor Linda Lingle and Mr. Leslie Murashige, Chief Operating Officer of Islan...
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| 9th - |
Commerce Committee Announces Witnesses for Hearing on Hawaii’s Air Service Market
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the witnesses for a Full Committee hearing on Challenges Facing Hawaii’s Air Service Market scheduled for April 10, 2008, at 2:30 p.m. The witness list is below.
The State of Hawaii is uniquely dependent on air service due to its distinctive geography. Recently, Aloha Airlines (Aloha), one o...
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| 8th - |
Inouye Expresses Concern about Coming DTV Transition
- WASHINGTON, D.C. – Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) delivered the following statement at today’s oversight hearing on the digital television (DTV) transition.
“Our nation relies on television for news, information, and entertainment. Yet with February 17, 2009, only ten months away, too many Americans remain in the dark about what the digital televis...
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| 8th - |
current Press Release |
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| 7th - |
CORRECTION: Aviation Subcommittee Announces Witnesses for Aviation Safety Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today announced a corrected witness list for an Aviation Operations, Safety, and Security Subcommittee hearing on Aviation Safety Oversight to be held April 10, 2008, at 10:00 a.m. The witnesses are listed below.
Although the U.S. aviation industry is experiencing its safest period in history there have be...
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| 4th - |
Commerce Subcommittee Announces Witnesses for Coal Gasification Technologies Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation today released the witness list for the Science, Technology, and Innovation Subcommittee hearing on Coal Gasification Technologies and the Need for Large Scale Projects. The witnesses are listed below.
Coal gasification can provide an efficient, clean, and versatile way to generate electricity and other ene...
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| 4th - |
Martin and Baker to Testify at Commerce Committee’s DTV Oversight Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announced today that Federal Communications Commission (FCC) Chairman Kevin J. Martin and Commerce Department Acting Secretary for Communications and Information Meredith Attwell Baker will testify at a Full Committee oversight hearing on the digital (DTV) transition.
With the transition less than a year aw...
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| 3rd - |
Commerce Subcommittee to Hold Coal Gasification Technologies Hearing
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces a Science, Technology, and Innovation Subcommittee hearing on Coal Gasification Technologies and the Need for Large Scale Projects.
Coal gasification can provide an efficient, clean, and versatile way to generate electricity and other energy products from coal as an alternative to traditional gen...
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| 2nd - |
Senate Commerce Committee Postpones April 2 Markup
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation has postponed its Executive Session for Wednesday, April 2, 2008, at 2:30 p.m.
The Executive Session has been rescheduled for April 24, 2008, at 10 a.m.
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| 2nd - |
Commerce Committee Announces Witnesses for Hearing on International Fisheries
- WASHINGTON, D.C. – The Senate Committee on Commerce, Science, and Transportation announces the following witnesses for the Full Committee hearing on Thursday, April 3, 2008, at 10:00 a.m., on International Fisheries: Management and Enforcement. The witnesses are below.
The hearing will focus on international fisheries issues, including Regional Fisheries Management Councils (RFMO’...
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