Federal Trade Commission Governance Reform Act

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.

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