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An act to amend the Federal Trade Commission Act to extend the authorization of appropriations contained in such Act, and for other purposes.

Public Law 96-252 · H.R. 2313 · 96th Congress · began in the House

Signed by Jimmy Carter (D) on May 28, 1980 · Government Operations and Politics

Sponsor: Rep. James Scheuer (D-NY-11)

Cosponsors (5): Rep. Henry Hyde,

Passage votesYeaNay

  • HouseRecorded vote: 272 yea, 127 nay272–127
  • SenateRecorded vote: 74 yea, 15 nay74–15
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.

Federal Trade Commission Improvements Act of 1980 - Amends the Federal Trade Commission Act to authorize appropriations through fiscal year 1982 for the functions of the Federal Trade Commission (FTC) at the following levels: $70,000,000 for fiscal year 1980, $75,000,000 for fiscal year 1981, and $80,000,000 for fiscal year 1982.

Directs the FTC to reopen any cease and desist order if the person subject to the order files a request which makes a satisfactory showing of the changed conditions warranting the modification or setting aside of such order.

Directs the FTC to publish a preliminary regulatory analysis for each proposed rule, and a final regulatory analysis for each final rule. Requires these analyses to include the objectives of the regulation, alternatives to the rule, and the projected benefits and adverse economic effects.

Requires the FTC to publish an advance notice of proposed rulemaking, prior to the notice of proposed rulemaking currently required, to describe the regulatory objectives and to solicit public comment.

Requires publication of a semiannual regulatory agenda listing the rules that the FTC expects to propose or promulgate in the upcoming year.

Limits the FTC's current authority to compensate interests which would otherwise not be adequately represented for the costs of participating in rulemaking proceedings. Reduces the aggregate compensation level per fiscal year from $1,000,000 to $750,000. Sets a $75,000 ceiling on the amount of compensation paid to any person per rulemaking proceeding, and limits to $50,000 per fiscal year the amount of public participation funds which may be received.

Requires that 25 percent of the total compensation per fiscal year be set aside for persons who would be regulated by the proposed rule. Directs the FTC to establish a small business outreach program to solicit comment from small businesses which would not be adequately represented at such proceedings.

Includes a provision designed to insure the independence of presiding officers in rulemaking proceedings. Prohibits a presiding officer from consulting any party or person with respect to any fact in issue unless notice and opportunity for participation is given.

Directs the FTC to promulgate rules providing that ex parte contracts with the Commissioners be on-the-record.

Requires the Commission to establish a plan for reducing the reporting burdens on small businesses with respect to the Quarterly Financial Report (QFR) Program. Directs the FTC to submit such plan to Congress by December 31, 1980.

Specifies and clarifies procedures with respect to the disclosure of materials obtained by compulsory process for law enforcement purposes, the disclosure of confidential commercial and financial information and trade secrets, and the confidentiality of line-of-business reports.

Eliminates the current criminal penalties for failure to comply with a subpoena or lawful requirement of the Commission, but retains such penalties for noncompliance with judicial orders.

Includes a new civil investigative demand (CID) procedure to be used by the FTC in precomplaint actions.

Gives a party which has relied in good faith on Federal Reserve Board regulations, a defense based on such reliance in any FTC enforcement action.

Prohibits the FTC from exercising its current authority under the Lanham Trademark Act for cancellation of a trademark, on the ground that such trademark has become the generic name for the product.

Eliminates the authority of the FTC to promulgate any rule in the pending children's advertising proceeding, or in any substantially similar proceeding, on the basis that such advertising constitutes an unfair act or practice in or affecting commerce. (Leaves unaffected other authority of the FTC to regulate such area.) Suspends through fiscal year 1982 the FTC's authority to regulate commercial advertising on the basis of such unfairness standard.

Suspends the children's advertising proceeding until the Commission complies with a new rulemaking provision, which requires the FTC to include in the proposed rulemaking notice the text of the rule and alternatives.

Authorizes the FTC to use funds authorized by this Act to promulgate the current or similar trade regulation rule concerning funeral industry practices (Federal Register, August 29, 1975, p. 39901) only to the extent that such rule: (1) requires fee or price disclosure; and (2) prohibits persons furnishing goods and services relating to funerals from engaging in specified practices, such as misrepresentation.

Provides that a State requirement which affords to consumers as great a level of protection as the funeral industry requirement of this Act shall not be pre-empted as long as the State effectively enforces its requirement.

Authorizes the FTC to use funds authorized by this Act to investigate or prosecute agricultural cooperatives only to the extent that the conduct at issue violates the antitrust laws or the Federal Trade Commission Act, in excess of the immunity afforded such cooperatives by the Capper-Volstead Act. Prohibits the use of authorized funds for the investigation of agricultural marketing orders.

Exempts the business of insurance from the investigative and reporting powers of the FTC, except for investigations relating to antitrust violations. Permits the Commission to conduct studies and prepare reports on the business of insurance only when requested by a majority of the members of the Senate Committee on Commerce, Science, and Transportation or the House Committee on Interstate and Foreign Commerce. Stipulates that the authority created by any such request terminates at the end of the particular Congress.

Permits the FTC to participate in a Department of Health and Human Services study of health insurance policies sold to Medicare-eligible persons.

Prohibits the FTC from promulgating any trade rule or regulation with respect to the development and utilization of standards or certification activities on the basis of unfair or deceptive acts or practices in or affecting commerce. (Leaves unaffected other authority of the Commission to regulate such area.)

Sets forth no provisions with respect to used motor vehicles or savings and loan institutions.

Directs the FTC to submit any final rule it promulgates to Congress for review. Permits both Houses of Congress to disapprove by concurrent resolution a proposed rule within 90 calendar days of continuous session of its submission. Requires such resolution to be referred to the House Committee on Interstate and Foreign Commerce or the Senate Committee on Commerce, Science, and Transportation. Makes it in order to move to discharge such Committees from further consideration if the resolution is not reported out within 75 calendar days of continuous session after referral. Makes it in order at any time after either Committee has reported, or been discharged from consideration of, such resolution, to move to proceed to its consideration. Makes such motion privileged in the Senate and highly privileged in the House, and non-debatable. Limits debate on the resolution to ten hours.

Directs the Comptroller General to examine this review procedure for FTC rules and report to Congress by the end of fiscal year 1982.

Provides for an expedited judicial review of the constitutionality of such review procedure.

Requires the Consumer Subcommittee of the Senate Committee on Commerce, Science, and Transportation to hold oversight hearings on the Commission at least once every six months through fiscal year 1982.

Who voted for it

Every House member of the 96th Congress on the ideology compass. Highlighted: the 278 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

278 yea132 nay22 present or did not vote

Dimension 2
Economic left–right
More liberalMore conservative

Democrats who voted yea(210)

  • Rep. Parren MitchellD-MD-7
  • Rep. Phillip BurtonD-CA-6
  • Rep. Robert GarciaD-NY-21
  • Rep. Louis StokesD-OH-21
  • Rep. Ronald DellumsD-CA-8
  • Rep. Frederick RichmondD-NY-14
  • Rep. Edward RoybalD-CA-25
  • Rep. Anthony BeilensonD-CA-23
  • Rep. Charlie RangelD-NY-19
  • Rep. Benjamin RosenthalD-NY-8
  • Rep. Don EdwardsD-CA-10
  • Rep. Henry GonzálezD-TX-20
  • Rep. Richard BollingD-MO-5
  • Rep. James CormanD-CA-21
  • Rep. Edward PattenD-NJ-15
  • Rep. James ScheuerD-NY-11
  • Rep. Robert EckhardtD-TX-8
  • Rep. Paul SimonD-IL-24
  • Rep. William GrayD-PA-2
  • Rep. Jonathan BinghamD-NY-22
  • Rep. Theodore WeissD-NY-20
  • Rep. Julian DixonD-CA-28
  • Rep. Shirley ChisholmD-NY-12
  • Rep. David BoniorD-MI-12
  • Rep. Bill ClayD-MO-1
  • Rep. Bennett StewartD-IL-1
  • Rep. William LehmanD-FL-13
  • Rep. Sidney YatesD-IL-9
  • Rep. Stephen SolarzD-NY-13
  • Rep. Pete StarkD-CA-9
  • Rep. George DanielsonD-CA-30
  • Rep. Richard NolanD-MN-6
  • Rep. John SeiberlingD-OH-14
  • Rep. Charles PriceD-IL-23
  • Rep. Lucien NedziD-MI-14
  • Rep. Gus HawkinsD-CA-29
  • Rep. Henry ReussD-WI-5
  • Rep. John BrademasD-IN-3
  • Rep. Frank ThompsonD-NJ-4
  • Rep. Claude PepperD-FL-14
  • Rep. Martin SaboD-MN-5
  • Rep. Thomas AshleyD-OH-9
  • Rep. James OberstarD-MN-8
  • Rep. Richard OttingerD-NY-24
  • Rep. William MoorheadD-PA-14
  • Rep. John DingellD-MI-16
  • Rep. James ShannonD-MA-5
  • Rep. Robert KastenmeierD-WI-2
  • Rep. Dave ObeyD-WI-7
  • Rep. Peter RodinoD-NJ-10
  • Rep. Cardiss CollinsD-IL-7
  • Rep. Morgan MurphyD-IL-2
  • Rep. Norman MinetaD-CA-13
  • Rep. Robert DrinanD-MA-4
  • Rep. Victor FazioD-CA-4
  • Rep. Daniel AkakaD-HI-2
  • Rep. Bruce VentoD-MN-4
  • Rep. Henry WaxmanD-CA-24
  • Rep. Robert MatsuiD-CA-3
  • Rep. William BurlisonD-MO-10
  • Rep. James WrightD-TX-12
  • Rep. Bill AlexanderD-AR-1
  • Rep. Elizabeth HoltzmanD-NY-16
  • Rep. James BlanchardD-MI-18
  • Rep. Alvin BaldusD-WI-3
  • Rep. Harold JohnsonD-CA-1
  • Rep. John MoakleyD-MA-9
  • Rep. Gerry StuddsD-MA-12
  • Rep. Frank AnnunzioD-IL-11
  • Rep. Charles VanikD-OH-22
  • Rep. Ed MarkeyD-MA-7
  • Rep. Clement ZablockiD-WI-4
  • Rep. Joseph AddabboD-NY-7
  • Rep. Jerry PattersonD-CA-38
  • Rep. Toby MoffettD-CT-6
  • Rep. Jack BrooksD-TX-9
  • Rep. Gillis LongD-LA-8
  • Rep. Thomas DowneyD-NY-2
  • Rep. James HowardD-NJ-3
  • Rep. Barbara MikulskiD-MD-3
  • Rep. Lindy BoggsD-LA-2
  • Rep. Edward StackD-FL-12
  • Rep. John MurphyD-NY-17
  • Rep. Allan SwiftD-WA-2
  • Rep. Michael LowryD-WA-7
  • Rep. Michael BarnesD-MD-8
  • Rep. George MillerD-CA-7
  • Rep. Nick RahallD-WV-4
  • Rep. Matthew McHughD-NY-27
  • Rep. Tony HallD-OH-3
  • Rep. Peter PeyserD-NY-23
  • Rep. Leslie AspinD-WI-1
  • Rep. Harley StaggersD-WV-2
  • Rep. Robert MollohanD-WV-1
  • Rep. Don BonkerD-WA-3
  • Rep. Geraldine FerraroD-NY-9
  • Rep. Anthony CoelhoD-CA-15
  • Rep. Howard WolpeD-MI-3
  • Rep. Timothy WirthD-CO-2
  • Rep. Thomas FoleyD-WA-5
  • Rep. Mike McCormackD-WA-4
  • Rep. Bob CarrD-MI-6
  • Rep. Robert DuncanD-OR-3
  • Rep. William RatchfordD-CT-5
  • Rep. Mario BiaggiD-NY-10
  • Rep. Albert GoreD-TN-4
  • Rep. James FlorioD-NJ-1
  • Rep. Herbert HarrisD-VA-8
  • Rep. Thomas SteedD-OK-4
  • Rep. Christopher DoddD-CT-2
  • Rep. Fernand St. GermainD-RI-1
  • Rep. Mary OakarD-OH-20
  • Rep. Morris UdallD-AZ-2
  • Rep. Dale KildeeD-MI-7
  • Rep. John BurtonD-CA-5
  • Rep. Raphael MustoD-PA-11
  • Rep. John LaFalceD-NY-36
  • Rep. Henry NowakD-NY-37
  • Rep. Donald PeaseD-OH-13
  • Rep. James HanleyD-NY-32
  • Rep. Norm DicksD-WA-6
  • Rep. Donald BaileyD-PA-21
  • Rep. Joseph FisherD-VA-10
  • Rep. Gladys SpellmanD-MD-5
  • Rep. Jerome TraxlerD-MI-8
  • Rep. Robert EdgarD-PA-7
  • Rep. Edward BolandD-MA-2
  • Rep. Lunsford PreyerD-NC-6
  • Rep. William CotterD-CT-1
  • Rep. Robert YoungD-MO-2
  • Rep. Butler DerrickD-SC-3
  • Rep. Stanley LundineD-NY-39
  • Rep. Cecil HeftelD-HI-1
  • Rep. Leo ZeferettiD-NY-15
  • Rep. Martin FrostD-TX-24
  • Rep. Frank GuariniD-NJ-14
  • Rep. Robert RoeD-NJ-8
  • Rep. Raymond KogovsekD-CO-3
  • Rep. Lester WolffD-NY-6
  • Rep. Joseph MinishD-NJ-11
  • Rep. Nicholas MavroulesD-MA-6
  • Rep. Sam GibbonsD-FL-7
  • Rep. Peter KostmayerD-PA-8
  • Rep. Walter JonesD-NC-1
  • Rep. Michael SynarD-OK-2
  • Rep. Neal SmithD-IA-4
  • Rep. Berkley BedellD-IA-6
  • Rep. Adam BenjaminD-IN-1
  • Rep. Carl PerkinsD-KY-7
  • Rep. Donald AlbostaD-MI-10
  • Rep. Douglas WalgrenD-PA-18
  • Rep. Clarence LongD-MD-2
  • Rep. Ike AndrewsD-NC-4
  • Rep. Don FuquaD-FL-2
  • Rep. Charles WhitleyD-NC-3
  • Rep. Bill HefnerD-NC-8
  • Rep. Wyche FowlerD-GA-5
  • Rep. William BonerD-TN-5
  • Rep. James LloydD-CA-35
  • Rep. John WilliamsD-MT-1
  • Rep. Tom HarkinD-IA-5
  • Rep. Brian DonnellyD-MA-11
  • Rep. Tom BevillD-AL-4
  • Rep. Charles WilsonD-TX-2
  • Rep. Leon PanettaD-CA-16
  • Rep. Earl HuttoD-FL-1
  • Rep. William NatcherD-KY-2
  • Rep. Glenn AndersonD-CA-32
  • Rep. James JonesD-OK-1
  • Rep. Allen ErtelD-PA-17
  • Rep. Jake PickleD-TX-10
  • Rep. Ed JonesD-TN-7
  • Rep. Romano MazzoliD-KY-3
  • Rep. Joseph GaydosD-PA-20
  • Rep. James MattoxD-TX-5
  • Rep. Tom DaschleD-SD-1
  • Rep. Samuel StrattonD-NY-28
  • Rep. Vonno GudgerD-NC-11
  • Rep. James WeaverD-OR-4
  • Rep. Ronnie FlippoD-AL-5
  • Rep. Floyd FithianD-IN-2
  • Rep. Norman D’AmoursD-NH-1
  • Rep. Daniel MicaD-FL-11
  • Rep. Thomas LukenD-OH-2
  • Rep. Jerome AmbroD-NY-3
  • Rep. Bill NelsonD-FL-9
  • Rep. Joseph EarlyD-MA-3
  • Rep. Jamie WhittenD-MS-1
  • Rep. Jack HightowerD-TX-13
  • Rep. Lee HamiltonD-IN-9
  • Rep. Philip SharpD-IN-10
  • Rep. Stephen NealD-NC-5
  • Rep. Charles BennettD-FL-3
  • Rep. Joseph WyattD-TX-14
  • Rep. William HughesD-NJ-2
  • Rep. Daniel GlickmanD-KS-4
  • Rep. Jack BrinkleyD-GA-3
  • Rep. Patricia SchroederD-CO-1
  • Rep. John BreauxD-LA-7
  • Rep. Richard WhiteD-TX-16
  • Rep. Elliott LevitasD-GA-4
  • Rep. Kent HanceD-TX-19
  • Rep. Carroll HubbardD-KY-1
  • Rep. Eugene AtkinsonD-PA-25
  • Rep. Thomas HuckabyD-LA-5
  • Rep. Beverly ByronD-MD-6
  • Rep. William NicholsD-AL-3
  • Rep. Lawrence FountainD-NC-2
  • Rep. Sam HallD-TX-1
  • Rep. Ronald MottlD-OH-23

Republicans who voted yea(68)

  • Rep. Stewart McKinneyR-CT-4
  • Rep. John AndersonR-IL-16
  • Rep. Bill GreenR-NY-18
  • Rep. Harold HollenbeckR-NJ-9
  • Rep. Silvio ConteR-MA-1
  • Rep. Pete McCloskeyR-CA-12
  • Rep. Marc MarksR-PA-24
  • Rep. Charles DoughertyR-PA-4
  • Rep. Margaret HecklerR-MA-10
  • Rep. Carl PursellR-MI-2
  • Rep. Frank HortonR-NY-34
  • Rep. Benjamin GilmanR-NY-26
  • Rep. Matthew RinaldoR-NJ-12
  • Rep. John BuchananR-AL-6
  • Rep. Joel PritchardR-WA-1
  • Rep. Lyle WilliamsR-OH-19
  • Rep. Joseph McDadeR-PA-10
  • Rep. Hamilton FishR-NY-25
  • Rep. Tim CarterR-KY-5
  • Rep. John StantonR-OH-11
  • Rep. William WamplerR-VA-9
  • Rep. Jack EdwardsR-AL-1
  • Rep. Millicent FenwickR-NJ-5
  • Rep. Olympia SnoweR-ME-2
  • Rep. William ClingerR-PA-23
  • Rep. Jim LeachR-IA-1
  • Rep. Thomas EvansR-DE
  • Rep. Edward MadiganR-IL-21
  • Rep. Elwood HillisR-IN-5
  • Rep. Mark AndrewsR-ND
  • Rep. John RhodesR-AZ-1
  • Rep. Robert CoughlinR-PA-13
  • Rep. James BroyhillR-NC-10
  • Rep. John ErlenbornR-IL-14
  • Rep. William HarshaR-OH-6
  • Rep. George O’BrienR-IL-17
  • Rep. Ralph RegulaR-OH-16
  • Rep. Virginia SmithR-NE-3
  • Rep. David MarriottR-UT-2
  • Rep. William MooreR-LA-6
  • Rep. Arlen ErdahlR-MN-1
  • Rep. Doug BereuterR-NE-1
  • Rep. James ClevelandR-NH-2
  • Rep. Willis GradisonR-OH-1
  • Rep. Earl ColemanR-MO-6
  • Rep. Manley ButlerR-VA-6
  • Rep. John WydlerR-NY-5
  • Rep. Marion SnyderR-KY-4
  • Rep. Huey DeckardR-IN-8
  • Rep. Larry HopkinsR-KY-6
  • Rep. Charles PashayanR-CA-17
  • Rep. Jack KempR-NY-38
  • Rep. Thomas CorcoranR-IL-15
  • Rep. W. Bill YoungR-FL-6
  • Rep. Robert WhittakerR-KS-5
  • Rep. William BroomfieldR-MI-19
  • Rep. James CourterR-NJ-13
  • Rep. William FrenzelR-MN-3
  • Rep. Donald RitterR-PA-15
  • Rep. Edwin ForsytheR-NJ-6
  • Rep. Thomas HagedornR-MN-2
  • Rep. Barber ConableR-NY-35
  • Rep. Edward DerwinskiR-IL-4
  • Rep. Toby RothR-WI-8
  • Rep. Barry GoldwaterR-CA-20
  • Rep. Bill ThomasR-CA-18
  • Rep. David StockmanR-MI-4
  • Rep. Samuel DevineR-OH-12
Data notes

The House’s recorded vote on the final version of the law (roll call 894 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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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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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 20 actions.

  1. May 28, 1980Became lawBecame law · Signed by President.
  2. PresidentPresident · Public Law 96-252.
  3. May 23, 1980PresidentPresident · Measure presented to President.
  4. May 22, 1980PresidentPresident · Measure enrolled in Senate.
  5. PresidentPresident · Measure enrolled in House.
  6. May 21, 1980Resolving differencesResolving differences · Senate agreed to conference report, roll call #152 (74-15).Senate roll call 152
  7. Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report, roll call #152 (74-15).Senate roll call 152
  8. May 20, 1980Resolving differencesResolving differences · House agreed to conference report, roll call #245 (272-127).House roll call 245
  9. Resolving differencesResolving differences · Conference report agreed to in House: House agreed to conference report, roll call #245 (272-127).House roll call 245
  10. May 1, 1980Resolving differencesResolving differences · Conference report filed in House, H. Rept. 96-917.
  11. Resolving differencesResolving differences · Conference report filed: Conference report filed in House, H. Rept. 96-917.
  12. Feb 28, 1980Resolving differencesResolving differences · Motion to instruct House conferees passed House, roll call #107 (257-115).House roll call 107
  13. Resolving differencesResolving differences · Conference scheduled in House.
  14. Feb 7, 1980Resolving differencesResolving differences · Conference scheduled in Senate.
  15. FloorFloor · Measure passed Senate, amended, in lieu of S. 1991, roll call #40 (77-13).Senate roll call 40
  16. FloorFloor · Measure called up by unanimous consent in Senate.
  17. Nov 27, 1979FloorFloor · Measure passed House, amended, roll call #683 (321-63).House roll call 683
  18. May 15, 1979CommitteeCommittee · Reported by House Energy and Commerce Committee
  19. Feb 21, 1979CommitteeCommittee · Referred to House Energy and Commerce Committee
  20. IntroducedIntroduced · Introduced in the House
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.