text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Federal Trade 
  Commission Reauthorization Act of 2008''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title; table of contents.
  Sec. 2. Authorization of appropriations.
  Sec. 3. Independent litigation authority.
  Sec. 4. Specialized administrative law judges.
  Sec. 5. Civil penalties for violations of the Federal Trade Commission 
                              Act.
  Sec. 6. Application of Federal Trade Commission Act to tax-exempt 
                              organizations.
  Sec. 7. Aiding and abetting a violation.
  Sec. 8. Permissive administrative procedure for consumer protection 
                              rules.
  Sec. 9. Rulemaking procedure for subprime lending mortgages and 
                              nontraditional mortgage loans.
  Sec. 10. Harmonizing FTC rules with banking agency rulemaking.
  Sec. 11. Enforcement by State attorneys general.
  Sec. 12. Harmonization of national do-not-call registry and effect on 
                              State laws.
  Sec. 13. FTC study of alcoholic beverage marketing practices.
  Sec. 14. Common carrier exception.
  
  SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
  
      The text of section 25 of the Federal Trade Commission Act (15 
  U.S.C. 57c) is amended to read as follows:
      ``(a) In General.--There are authorized to be appropriated to carry 
  out the functions, powers, and duties of the Commission--
              ``(1) $264,000,000 for fiscal year 2009;
              ``(2) $290,400,000 for fiscal year 2010;
              ``(3) $319,400,000 for fiscal year 2011;
              ``(4) $351,400,000 for fiscal year 2012;
              ``(5) $386,500,000 for fiscal year 2013;
              ``(6) $425,200,000 for fiscal year 2014; and
              ``(7) $467,700,000 for fiscal year 2015.
      ``(b) Litigation and Internet Commerce Technology.--There are 
  authorized to be appropriated to the Commission $20,000,000 for each of 
  fiscal years 2009 through 2015 to be used by the Commission to improve 
  technology in support of the Commission's competition and consumer 
  protection missions.
      ``(c) International Technical Assistance.--From amounts 
  appropriated pursuant to subsection (a), the Commission may spend up to 
  $10,000,000 for each of fiscal years 2009 through 2015 to continue and 
  enhance its provision of international technical assistance with 
  respect to foreign consumer protection and competition regimes.''.
  
  SEC. 3. INDEPENDENT LITIGATION AUTHORITY.
  
      Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) 
  is amended--
              (1) by striking paragraph (1) and inserting ``(1) The 
          Commission may commence, defend, or intervene in, and supervise 
          the litigation of any civil action involving this Act 
          (including an action to collect a civil penalty) and any appeal 
          of such action in its own name by any of its attorneys 
          designated by it for such purpose. The Commission shall notify 
          the Attorney General of any such action and may consult with 
          the Attorney General with respect to any such action or request 
          the Attorney General on behalf of the Commission to commence, 
          defend, or intervene in any such action.'';
              (2) by striking subparagraph (A) of paragraph (3) and 
          inserting ``(A) The Commission may represent itself through any 
          of its attorneys designated by it for such purpose before the 
          Supreme Court in any civil action in which the Commission 
          represented itself pursuant to paragraph (1) or (2) or may 
          request the Attorney General to represent the Commission before 
          the Supreme Court in any such action.''; and
              (3) by striking paragraph (4) and redesignating paragraph 
          (5) as paragraph (4).
  
  SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES.
  
      (a) In General.--In appointing administrative law judges under 
  section 3105 of title 5, United States Code, to conduct hearings and 
  render initial decisions in formal adjudicative matters before it, the 
  Federal Trade Commission may give preference to administrative law 
  judges who have experience with antitrust or trade regulation 
  litigation and who are familiar with the kinds of economic analysis 
  associated with such litigation.
      (b) Details.--If the Commission asks the Office of Personnel 
  Management to assign an administrative law judge under section 3344 of 
  title 5, United States Code, to conduct a hearing or render an initial 
  decision in a formal adjudicative matter before it, the Commission may 
  request the assignment of an administrative law judge who has 
  experience with antitrust or trade regulation litigation and is 
  familiar with the kinds of economic analysis associated with such 
  litigation and the Office of Personnel Management shall comply with the 
  request to the maximum extent feasible.
  
  SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION 
                ACT.
  
      Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 
  45(m)(1)(A)) is amended--
              (1) by inserting ``this Act, or'' after ``violates'' the 
          first place it appears; and
              (2) by inserting ``a violation of this Act or such act is'' 
          after ``such act is''.
  
  SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT 
                ORGANIZATIONS.
  
      Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is 
  amended by striking ``members.'' in the second full paragraph and 
  inserting ``members, and includes an organization described in section 
  501(c)(3) of the Internal Revenue Code of 1986 that is exempt from 
  taxation under section 501(a) of such Code.''.
  
  SEC. 7. AIDING AND ABETTING A VIOLATION.
  
      Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is 
  amended by adding at the end thereof the following:
      ``It is unlawful for any person to aid or abet another in violating 
  any provision of this Act or any other Act enforceable by the 
  Commission.''.
  
  SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION 
                RULES.
  
      (a) In General.--Section 18 of the Federal Trade Commission Act (15 
  U.S.C. 57a) is amended by adding at the end thereof the following:
      ``(k) Alternative Rulemaking Procedure.--The Commission may, by 
  majority vote of the full Commission, dispense with the requirements of 
  other provisions of this section and of section 22 of this Act with 
  respect to rulemaking involving a consumer protection matter (as 
  determined by the Commission). If the Commission dispenses with such 
  requirements with respect to such a rulemaking, it shall conduct such 
  rulemaking in accordance with section 553 of title 5, United States 
  Code, and in such case the provisions for judicial review of rules 
  promulgated under section 553 of title 5 shall apply.''.
  
  SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND 
                NONTRADITIONAL MORTGAGE LOANS.
  
      Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as 
  amended by section 8, is further amended by adding at the end thereof 
  the following:
      ``(l) Special Rule for Certain Mortgage-Related Rulemakings.--
  Notwithstanding any other provision of this section, section 22 of this 
  Act, or any other provision of law, the Commission shall conduct 
  rulemaking proceedings with respect to subprime mortgage lending and 
  nontraditional mortgage loans in accordance with section 553 of title 
  5, United States Code, and the provisions for judicial review of rules 
  promulgated under section 553 of title 5 shall apply.''.
  
  SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING.
  
      (a) In General.--The second sentence of section 18(f)(1) of the 
  Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended--
              (1) by striking ``The Board of Governors of the Federal 
          Reserve System (with respect to banks) and the Federal Home 
          Loan Bank Board (with respect to savings and loan institutions 
          described in paragraph (3))'' and inserting ``Each Federal 
          banking agency (with respect to the depository institutions 
          each such agency supervises)''; and
              (2) by inserting ``in consultation with the Commission'' 
          after ``shall prescribe regulations''.
      (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is 
  further amended by inserting after the second sentence the following: 
  ``Such regulations shall be prescribed jointly by such agencies to the 
  extent practicable. Notwithstanding any other provision of this 
  section, whenever such agencies commence such a rulemaking proceeding, 
  the Commission, with respect to the entities within its jurisdiction 
  under this Act, may commence a rulemaking proceeding and prescribe 
  regulations in accordance with section 553 of title 5, United States 
  Code. If the Commission commences such a rulemaking proceeding, the 
  Commission, the Federal banking agencies, and the National Credit Union 
  Administration Board shall consult and coordinate with each other so 
  that the regulations prescribed by each such agency are consistent with 
  and comparable to the regulations prescribed by each other such agency 
  to the extent practicable.''.
      (c) GAO Study and Report.--Not later than 18 months after the date 
  of enactment of this Act, the Comptroller General shall transmit to 
  Congress a report on the status of regulations of the Federal banking 
  agencies and the National Credit Union Administration regarding unfair 
  and deceptive acts or practices by the depository institutions.
      (d) Technical and Conforming Amendments.--Section 18(f) of the 
  Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended--
              (1) in the first sentence of paragraph (1)--
                      (A) by striking ``banks or savings and loan 
                  institutions described in paragraph (3), each agency 
                  specified in paragraph (2) or (3) of this subsection 
                  shall establish'' and inserting ``depository 
                  institutions and Federal credit unions, the Federal 
                  banking agencies and the National Credit Union 
                  Administration Board shall each establish''; and
                      (B) by striking ``banks or savings and loan 
                  institutions described in paragraph (3), subject to its 
                  jurisdiction'' before the period and inserting 
                  ``depository institutions or Federal credit unions 
                  subject to the jurisdiction of such agency or Board'';
              (2) in the sixth sentence of paragraph (1) (as amended by 
          subsection (b))--
                      (A) by striking ``each such Board'' and inserting 
                  ``each such banking agency and the National Credit 
                  Union Administration Board'';
                      (B) by striking ``banks or savings and loan 
                  institutions described in paragraph (3)'' each place 
                  such term appears and inserting ``depository 
                  institutions subject to the jurisdiction of such 
                  agency'';
                      (C) by striking ``(A) any such Board'' and 
                  inserting ``(A) any such Federal banking agency or the 
                  National Credit Union Administration Board''; and
                      (D) by striking ``with respect to banks, savings 
                  and loan institutions'' and inserting ``with respect to 
                  depository institutions'';
              (3) by adding at the end of paragraph (1) the following new 
          sentence: ``For purposes of this subsection, the terms `Federal 
          banking agency' and `depository institution' have the same 
          meaning as in section 3 of the Federal Deposit Insurance 
          Act.'';
              (4) in paragraph (2)(C), by inserting ``than'' after 
          ``(other'';
              (5) in paragraph (3), by inserting ``by the Director of the 
          Office of Thrift Supervision'' before the period at the end;
              (6) in paragraph (4), by inserting ``by the National Credit 
          Union Administration'' before the period at the end; and
              (7) in paragraph (6), by striking ``the Board of Governors 
          of the Federal Reserve System'' and inserting ``any Federal 
          banking agency or the National Credit Union Administration 
          Board''.
  
  SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL
  
      (a) In General.--Except as provided in subsection (f), a State, as 
  parens patriae, may bring a civil action on behalf of its residents in 
  an appropriate State or district court of the United States to enforce 
  the provisions of the Federal Trade Commission Act or any other Act 
  enforced by the Federal Trade Commission to obtain penalties and relief 
  provided under such Acts whenever the attorney general of the State has 
  reason to believe that the interests of the residents of the State have 
  been or are being threatened or adversely affected by a violation of a 
  subprime mortgage lending rule or a nontraditional mortgage loan rule 
  promulgated by the Federal Trade Commission.
      (b) Notice.--The State shall serve written notice to the Commission 
  of any civil action under subsection (a) at least 60 days prior to 
  initiating such civil action. The notice shall include a copy of the 
  complaint to be filed to initiate such civil action, except that if it 
  is not feasible for the State to provide such prior notice, the State 
  shall provide notice immediately upon instituting such civil action.
      (c) Intervention by FTC.--Upon receiving the notice required by 
  subsection (b), the Commission may intervene in such civil action and 
  upon intervening--
              (1) be heard on all matters arising in such civil action;
              (2) remove the action to the appropriate United States 
          district court; and
              (3) file petitions for appeal of a decision in such civil 
          action.
      (d) Savings Clause.--Nothing in this section shall prevent the 
  attorney general of a State from exercising the powers conferred on the 
  attorney general by the laws of such State to conduct investigations or 
  to administer oaths or affirmations or to compel the attendance of 
  witnesses or the production of documentary and other evidence. Nothing 
  in this section shall prohibit the attorney general of a State, or 
  other authorized State officer, from proceeding in State or Federal 
  court on the basis of an alleged violation of any civil or criminal 
  statute of that State.
      (e) Venue; Service of Process; Joinder.--In a civil action brought 
  under subsection (a)--
              (1) the venue shall be a judicial district in which the 
          lender or a related party operates or is authorized to do 
          business;
              (2) process may be served without regard to the territorial 
          limits of the district or of the State in which the civil 
          action is instituted; and
              (3) a person who participated with a lender or related 
          party to an alleged violation that is being litigated in the 
          civil action may be joined in the civil action without regard 
          to the residence of the person.
      (f) Preemptive Action by FTC.--Whenever a civil action or an 
  administrative action has been instituted by or on behalf of the 
  Commission for violation of any rule described under (a), no State may, 
  during the pendency of such action instituted by or on behalf of the 
  Commission, institute a civil action under subsection (a) against any 
  defendant named in the complaint in such action for violation of any 
  rule as alleged in such complaint.
      (g) Award of Costs and Fees.--If the attorney general of a State 
  prevails in any civil action under subsection (a), the State can 
  recover reasonable costs and attorney fees from the lender or related 
  party.
  
  SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON 
                STATE LAWS.
  
      (a) Amendment of the Telemarketing and Consumer Fraud and Abuse 
  Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and 
  Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end 
  thereof the following:
      ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not-
  Call Implementation Act (15 U.S.C. 6101 note) preempts any State law 
  that imposes more restrictive requirements on intrastate or interstate 
  telemarketing to telephone numbers on a do-not-call registry maintained 
  by that State.''.
      (b) Conforming Amendment.--Section 227(e)(1) of the Communications 
  Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate 
  or'' after ``restrictive''.
  
  SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES.
  
      Within 2 years after the Federal Trade Commission completes its 
  study entitled Self-Regulation in the Alcohol Industry and every 2 
  years thereafter, the Commission shall transmit a report to the 
  Congress on advertising and marketing practices for alcoholic 
  beverages, together with such recommendations, including legislative 
  recommendations, as the Commission deems appropriate. In preparing the 
  report, the Commission shall consider information contained in reports 
  by the Secretary of Health and Human services under section 519B of the 
  Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to 
  the extent feasible, data on measured and unmeasured media by brand and 
  type of beverage, and data on expenditures for slotting and 
  discounting.
  
  SEC. 14. COMMON CARRIER EXCEPTION.
  
      Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is 
  amended by striking the paragraph containing the definition of the term 
  ``Acts to regulate commerce'' and inserting the following:
      ```Acts to regulate commerce' means subtitle IV of title 49, United 
  States Code, and all Acts amendatory thereof and supplementary 
  thereto.''.
target: Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions.
  
  Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so.
  
  Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience.
  
  Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act.
  
  Permits the FTC to enforce the Act against nonprofit organizations.
  
  Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act.
  
  Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions.
  
  Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (regarding banks) and the Federal Home Loan Bank Board (regarding savings and loan institutions).
  
  Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule.
  
  Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted.
  
  Provides for an FTC study of alcoholic beverage marketing.
  
  Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of "Acts to regulate commerce."
feat_title: A bill to reauthorize the Federal Trade Commission, and for other purposes.