21st Century FTC Act
Bill: H.R.4447 | Sponsor: Rep. Castor, Kathy (D-FL)
Policy area: Commerce

Summary:
21st Century FTC Act
This bill eliminates certain requirements with respect to the rulemaking authority of the Federal Trade Commission (FTC).
Specifically, the FTC may promulgate a rule under the Administrative Procedure Act defining an unfair or deceptive trade practice without (1) publishing advance notice of the rulemaking, (2) finding a widespread pattern of an applicable unfair practice, or (3) providing the opportunity for an informal hearing. It also limits the opportunity for the FTC or a petitioner of a rule to make additional oral submissions and written presentations while a rule is under judicial review.
Further, a court may not set aside a rule promulgated through such notice and comment process on the basis that the FTC failed to complete a regulatory analysis.

To amend the Federal Trade Commission Act to provide the Commission 
   with notice and comment rulemaking authority respecting unfair or 
  deceptive acts or practices and to provide for civil penalties for 
     violations of such Act respecting unfair or deceptive acts or 
                   practices, 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.

    This Act may be cited as the ``21st Century FTC Act''.

SEC. 2. RULEMAKING RESPECTING UNFAIR OR DECEPTIVE ACTS OR PRACTICES.

    The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
amended--
            (1) in section 18--
                    (A) in subsection (b)--
                            (i) by striking paragraphs (2) and (3);
                            (ii) in paragraph (1), by striking ``, and 
                        shall also'' and all that follows and inserting 
                        a period; and
                            (iii) by striking ``(1) When prescribing'' 
                        and inserting ``When prescribing'';
                    (B) by striking subsection (c);
                    (C) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) by striking ``(A) a statement'' 
                                and all that follows through ``(B) a 
                                statement'' and inserting ``a 
                                statement''; and
                                    (II) by striking ``; and (C) a 
                                statement'' and all that follows and 
                                inserting a period; and
                            (ii) in paragraph (2)(A), by striking 
                        ``subsections (b) and (c)'' and inserting 
                        ``subsection (b)''; and
                    (D) in subsection (e)--
                            (i) in paragraph (1)(B), by striking ``the 
                        transcript required by subsection (c)(5),'';
                            (ii) in paragraph (3), by striking ``, or 
                        if'' and all that follows and inserting the 
                        following: ``, or if the court finds that the 
                        Commission's action is not supported by 
                        substantial evidence in the rulemaking record 
                        (as defined in paragraph (1)(B) of this 
                        subsection) taken as a whole. The term 
                        `evidence', as used in this paragraph, means 
                        any matter in the rulemaking record.'';
                            (iii) in paragraph (5)(C), by striking the 
                        first and third sentences;
                            (iv) by striking paragraph (2); and
                            (v) by redesignating paragraphs (3) through 
                        (5) as paragraphs (2) through (4), 
                        respectively; and
            (2) in section 22--
                    (A) in subsection (a)(1), by striking ``or section 
                18''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking ``, 
                        except'' and all that follows and inserting a 
                        period; and
                            (ii) in paragraph (2), by striking ``Except 
                        as specified in paragraph (1), no'' and 
                        inserting ``No''.

SEC. 3. CIVIL PENALTIES FOR VIOLATIONS OF FEDERAL TRADE COMMISSION ACT 
              RESPECTING UNFAIR OR DECEPTIVE ACTS OR PRACTICES.

    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''; and
            (2) by inserting ``a violation of this Act or is'' before 
        ``prohibited''.
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