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Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006

Public Law 109-455 · S. 1608 · 109th Congress · began in the Senate

Signed by George W. Bush (R) on Dec 22, 2006 · Commerce

Sponsor: Sen. Gordon Smith (R-OR)

Cosponsors (7): Sen. John McCain,

Passage votes

  • HouseUnanimous consent
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2006 or the U.S. SAFE WEB Act of 2006 - (Sec. 3) Amends the Federal Trade Commission Act to include within the definition of "unfair or deceptive acts or practices" those acts or practices involving foreign commerce that: (1) cause or are likely to cause reasonably foreseeable injury within the United States; or (2) involve material conduct occurring within the United States. Declares that remedies available to the Federal Trade Commission (FTC) for such unfair and deceptive acts or practices include restitution to domestic or foreign victims.

(Sec. 4) Authorizes the FTC to disclose certain privileged or confidential information to foreign law enforcement agencies.

Authorizes the FTC, upon written request, to provide investigative assistance to a foreign law enforcement agency that states it is investigating or enforcing proceedings against violations of laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by laws administered by the FTC, other than federal antitrust laws, without requiring that the conduct identified constitute a violation of U.S. laws. Requires FTC consideration of specified factors in determining whether to provide assistance, including whether the requesting agency has agreed to provide reciprocal assistance to the FTC. Authorizes the FTC to negotiate and conclude an international agreement for providing such assistance, materials, or information. Stipulates that this Act does not authorize the FTC to take any action or exercise any power with respect to a bank, savings and loan institution, or federal credit union. Prohibits FTC investigative assistance to foreign law enforcement agencies from foreign states which repeatedly provided support for acts of international terrorism.

Directs the FTC to: (1) transmit to the Attorney General evidence of a violation of federal criminal law by any domestic or foreign person, partnership, or corporation; and (2) ensure, with respect to memoranda of understanding and international agreements, that material obtained from foreign law enforcement agencies may be used for investigation, prosecution, or prevention of U.S. criminal law violations.

(Sec. 5) Authorizes the FTC to designate its attorneys to assist the Attorney General with litigation in foreign courts and to reimburse the Attorney General for the retention of foreign counsel for such litigation on matters in which the FTC has an interest.

(Sec. 6) Specifies conditions under which an FTC-designated custodian is authorized to share certain compelled or confidential material with foreign law enforcement agencies that certify that the material will be maintained in confidence and will be used only for official law enforcement purposes. Exempts from public disclosure requirements of the Freedom of Information Act any material received by the FTC from foreign sources in the course of an investigation.

(Sec. 7) Declares the FTC subject to the Right to Financial Privacy Act, but specifies: (1) conditions relating to procedures for delay of notification or prohibition of disclosure of information obtained in connection with compulsory process where the recipient is not a subject of the investigation; (2) venue and procedures for ex parte proceedings; and (3) inapplicability to an investigation or proceeding related to the administration of federal or foreign antitrust laws. Declares that recipients of compulsory process issued by the FTC are not liable under U.S. law for failure to provide notice to persons that such process has been issued or that such recipients provided information, if neither notification nor delayed notification by the FTC is required under the Right to Financial Privacy Act.

(Sec. 8) Shields from liability: (1) voluntary providers of material the provider believes is relevant to an unfair or deceptive act or practice or to assets subject to recovery by the FTC, including assets located in foreign jurisdictions; and (2) certain financial institutions, foreign and domestic, for making voluntary disclosures to the FTC of consumer complaints or violations of law or regulations, including regarding assets located in foreign jurisdictions.

(Sec. 9) Authorizes the FTC to: (1) retain employees of foreign government agencies on a temporary basis; (2) detail FTC employees to work for foreign agencies; (3) under the Right to Financial Privacy Act of 1978, share information with specified financial and market regulators; and (4) accept payment from a domestic or foreign law enforcement agency for FTC expenses and unconditional gifts, donations, bequests of property, and voluntary services.

(Sec. 13) Terminates the effect of this Act and its amendments seven years after enactment of this Act.

(Sec. 14) Requires the FTC to report to Congress on its actions under this act and recommendations for additional legislation.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • S. 4110Related bill

    U.S. SAFE WEB Act of 2006

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 22 actions.

  1. Dec 22, 2006Became lawBecame law · Became Public Law No: 109-455.
  2. Became lawBecame law · Signed by President.
  3. Dec 20, 2006FloorFloor · Presented to President.
  4. Dec 9, 2006Resolving differencesResolving differences · Senate agreed to House amendment by Unanimous Consent.
  5. FloorFloor · Message on House action received in Senate and at desk: House amendment to Senate bill.
  6. FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  7. FloorFloor · On passage Passed without objection.
  8. FloorFloor · Considered by unanimous consent.
  9. FloorFloor · Mr. Barton (TX) asked unanimous consent to discharge from committee and consider.
  10. CommitteeCommittee · Committee on Energy and Commerce discharged.
  11. OtherOther · Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.
  12. Apr 19, 2006CommitteeCommittee · Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
  13. Mar 28, 2006FloorFloor · Received in the House.
  14. CommitteeCommittee · Referred to the House Committee on Energy and Commerce.
  15. Mar 17, 2006FloorFloor · Message on Senate action sent to the House.
  16. Mar 16, 2006FloorFloor · Passed Senate without amendment by Unanimous Consent.
  17. Mar 14, 2006CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 372.
  18. CommitteeCommittee · Committee on Commerce, Science, and Transportation. Reported by Senator Stevens without amendment. With written report No. 109-219.
  19. Dec 15, 2005CommitteeCommittee · Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
  20. Jul 29, 2005CommitteeCommittee · Read twice and referred to the Committee on Commerce, Science, and Transportation.
  21. CommitteeCommittee · Sponsor introductory remarks on measure. (CR S9533)
  22. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • H.Amdt. 1219HouseRep. Joe BartonR-TX-6· offered Dec 9, 2006Agreed to

    Dec 9, 2006: On agreeing to the Barton (TX) amendment (A001) Agreed to without objection.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.