21st Century FTC Act

Bill: 117-hr-4447
Sponsor: full_name: Rep. Castor, Kathy [D-FL-14]
Introduced: 2021-07-16
Policy area: Commerce
Latest action: action_date: 2021-07-19
text: Referred to the Subcommittee on Consumer Protection and Commerce.

Summaries:
action_date: 2021-07-16
action_desc: Introduced in House
text: <p><strong>21st Century FTC Act</strong></p> <p>This bill eliminates certain requirements with respect to the rulemaking authority of the Federal Trade Commission (FTC). </p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 4447 IN THE HOUSE OF REPRESENTATIVES July 16, 2021 Ms. Castor of Florida introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL 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.

1. Short title This Act may be cited as the 21st Century FTC Act . 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 . 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 .