[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3014

To establish requirements for the Federal Trade Commission with respect 
    to certain rules related to automotive retailing, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2023

Mr. Moran (for himself and Mr. Manchin) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To establish requirements for the Federal Trade Commission with respect 
    to certain rules related to automotive retailing, 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 ``Federal Trade Commission Review of 
Expensive and Detrimental Overregulation Act'' or the ``FTC REDO Act''.

SEC. 2. MOTOR VEHICLE DEALERS TRADE REGULATION RULE.

    (a) Prohibition.--The Commission may not finalize, implement, or 
enforce a covered proposed rule unless the Commission satisfies the 
requirements described in subsection (b), and any other requirements 
applicable under Federal law, with respect to the covered proposed 
rule.
    (b) Requirements for Covered Proposed Rules.--
            (1) Requirements for issuance.--At least 30 days before 
        publishing in the Federal Register a notice of proposed 
        rulemaking with respect to a covered proposed rule, the 
        Commission shall--
                    (A) complete--
                            (i) a quantitative study on automotive 
                        retailing that--
                                    (I) uses a statistically valid 
                                national sample size of purchasers and 
                                lessees of motor vehicles from motor 
                                vehicle dealers;
                                    (II) is noticed and subject to 
                                public comment for a period of not less 
                                than 30 days before publication;
                                    (III) is peer reviewed by an 
                                independent third party with knowledge 
                                of automotive retailing; and
                                    (IV) determines whether there is 
                                quantitative evidence of a prevalence 
                                of unfair or deceptive practices in 
                                automotive retailing that supports the 
                                necessity of the covered proposed rule;
                            (ii) quantitative consumer testing that--
                                    (I) uses a statistically valid 
                                national sample size of purchasers and 
                                lessees of motor vehicles from motor 
                                vehicle dealers;
                                    (II) is noticed and subject to 
                                public comment for a period of not less 
                                than 30 days before publication; and
                                    (III) determines whether new 
                                mandates, including disclosures, under 
                                the covered proposed rule would--
                                            (aa) enhance consumer 
                                        understanding, education, and 
                                        protection; and
                                            (bb) not unduly impair 
                                        legitimate business activity, 
                                        including as compared to 
                                        alternative approaches that may 
                                        provide similar benefits; and
                            (iii) a detailed economic analysis of the 
                        costs and benefits of the covered proposed rule 
                        that--
                                    (I) is noticed and subject to 
                                public comment for a period of not less 
                                than 30 days before publication;
                                    (II) is peer reviewed by an 
                                independent third party with knowledge 
                                of automotive retailing from the 
                                perspective of consumers and motor 
                                vehicle dealers;
                                    (III) includes an assessment of the 
                                costs for consumers and small 
                                businesses, including as a result of 
                                new disclosures and paperwork; and
                                    (IV) compares the mandates of the 
                                covered proposed rule to more targeted 
                                and less burdensome alternatives that 
                                achieve similar benefits; and
                    (B) submit to the Committee on Energy and Commerce 
                of the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                copy of the covered proposed rule and the results of 
                the study, testing, and analysis conducted under 
                subparagraph (A).
            (2) Requirements for finalization.--The Commission may only 
        finalize, implement, or enforce a covered proposed rule--
                    (A) if--
                            (i) an advance notice of proposed 
                        rulemaking with respect to the covered proposed 
                        rule was published in the Federal Register;
                            (ii) a notice of proposed rulemaking with 
                        respect to the covered proposed rule that 
                        includes the results of the study, testing, and 
                        analysis conducted under paragraph (1)(A) was 
                        published in the Federal Register; and
                            (iii) the covered proposed rule was open 
                        for public comment for a period of at least 120 
                        days; and
                    (B) if the duties, disclosures, penalties, and 
                other mandates imposed by the covered proposed rule 
                apply equally to franchised, independent, and direct 
                sellers of automobiles.
    (c) Definitions.--In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Covered proposed rule.--The term ``covered proposed 
        rule'' means--
                    (A) the proposed rule of the Commission--
                            (i) titled ``Motor Vehicle Dealers Trade 
                        Regulation Rule''; and
                            (ii) published in the Federal Register on 
                        July 13, 2022 (87 Fed. Reg. 42012); and
                    (B) any rule proposed by the Commission on or after 
                September 12, 2023, that is similar or related to the 
                proposed rule described in subparagraph (A).
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