119th CONGRESS
2d Session
S. 5153


To require a quorum of Federal Trade Commissioners to undertake certain rulemaking and policymaking actions, and for other purposes.


IN THE SENATE OF THE UNITED STATES

July 28, 2026

Mr. Curtis introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To require a quorum of Federal Trade Commissioners to undertake certain rulemaking and policymaking actions, 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 Governance Reform Act”.

SEC. 2. Quorum for rulemaking and other Commission activities.

(a) Amendment.—The first section of the Federal Trade Commission Act (15 U.S.C. 41) is amended by striking the period in the penultimate sentence and inserting “, except that the Commission shall maintain a quorum of not fewer than 3 Commissioners before taking any Commission action that establishes, revises, or rescinds generally applicable policy, guidance, or interpretations concerning the administration or enforcement of any provision of law enforced by the Commission, including—

“(1) initiating, advancing, rescinding, or completing any rulemaking proceeding, regardless of whether such rulemaking proceeding is conducted under chapter 5 of title 5, United States Code, the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.), or any other statutory authority;

“(2) adopting, amending, or rescinding any policy statement, interpretive rule, industry guide, or enforcement policy statement; and

“(3) adopting, amending, or rescinding any other formal Commission action that establishes, revises, or rescinds generally applicable policy, guidance, or interpretations concerning the administration or enforcement of any provision of law enforced by the Commission.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on January 20, 2029.