S. 5153: Federal Trade Commission Governance Reform Act

This bill would change how the Federal Trade Commission (FTC) can make certain broad policy decisions.

What it would do

• It would require at least 3 FTC commissioners to be present before the agency can take certain actions that set or change general policy.
• This quorum requirement would apply to actions such as:
  • starting, continuing, ending, or completing rulemaking proceedings;
  • issuing, changing, or withdrawing policy statements, interpretive rules, industry guides, or enforcement policy statements; and
  • taking other formal commission actions that create or revise broadly applicable guidance or interpretations used in FTC enforcement.
• The bill says this applies regardless of which legal process the FTC uses to make the rule or policy.
• The change would take effect on January 20, 2029.

Practical effect

In simple terms, the bill would make it harder for a small number of FTC commissioners to make major agency-wide policy changes. The FTC would need at least three commissioners available before it could adopt or change broad rules or enforcement policies.

Relevant Companies

• None found