H.R. 5510 — what changed

“(o) Termination clause required for consent orders—Any consent order entered into by the Commission relating to alleged unfair or deceptive acts or practices by the person, partnership, or corporation, subject to the consent order shall include a termination clause that the consent order shall expire not later than 8 years after the date on which the consent order is entered into, unless the consent order relates to alleged fraud by the person, partnership, or corporation subject to the consent order or requires a time limit longer than 8 years based on the factors described in this subsection. In determining the time limit for any termination clause, the Commission shall consider each of the following factors:

“(1) The impact of technological progress on the continuing relevance of the consent order.

“(2) Whether there is reason to believe that the person, partnership, or corporation would continue to engage in activities that violate this section without the consent order.

“(p) Consent order review—Any consent order entered into by the Commission that is unrelated to alleged fraud by the person, partnership, or corporation subject to the consent order and has a termination date more than 5 years after such consent order is entered into shall include a clause providing for Commission review of the consent order 5 years after the date on which the order is entered into. Such clause shall require the Commission to evaluate whether the consent order has achieved its initial purposes based on the factors described in subsection (o). The clause shall provide that if, based on such evaluation, the Commission determines that the consent order has achieved its purposes, the Commission shall terminate the consent order.

“(q) Petition for Review of Existing Consent Orders—Any person, partnership, or corporation that as of the effective date of this subsection is subject to a consent order that is unrelated to alleged fraud and has been effective for a period of at least five years may petition the Commission to terminate such consent order. In evaluating a petition to terminate a consent order under this subsection, the Commission shall consider whether the consent order has achieved its initial purposes based on each of the factors described in subsection (o). If, based on such evaluation, the Commission determines that the consent order has achieved its purposes, the Commission shall terminate the consent order.”

The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 6 the following new section:

“6A. Economic analysis required

changed “(a) In general—Except as provided in subsection (b), the Commission may not publish a recommendation for legislative or regulatory action without publishing the economic analysis or advice prepared by the Bureau of Economics of the Commission relating to such recommendation. If no such economic analysis or advice was prepared, the Commission shall indicate, in writing as part of the recommendation, that no such analysis or advice was given.unless—

added “(1) the Commission publishes any economic analysis or advice prepared by the Bureau of Economics of the Commission relating to such recommendation; or

added “(2) if no such economic analysis or advice was prepared, the Commission indicates, in writing as part of such recommendation, that no such analysis or advice was given.

“(b) Exception—The requirement in subsection (a) shall not apply if—

“(1) the recommendation for legislative or regulatory action is made as part of an appearance by a Commissioner before Congress;

added “(2) the recommendation is made to a State or local government entity;

added “(3) the recommendation is requested by and submitted to any member or committee of Congress, including the Committee on Energy and Commerce of the House of Representatives;

added “(4) the recommendation is submitted to another Federal agency in response to a notice of proposed rulemaking, including comments to the Federal Communications Commission; or

added “(5) the recommendation is submitted to the United Kingdom, the European Union or members thereof, including recommendations to the European Parliament, the European Commission, or any data protection authorities of any member state with regard to cross-border data flows and other privacy and data security matters.”

removed “(2) the recommendation is made to a State or local government entity; or

removed “(3) the recommendation is requested by and submitted to any member or committee of Congress, including the Committee on Energy and Commerce of the House of Representatives.”

“28. Annual plan required

“Not later than December 1 of each year, the Commission shall publish and submit to the Committees on the Judiciary and Commerce, Science, and Transportation of the Senate and the Committees on the Judiciary and Energy and Commerce of the House of Representatives a plan for the next calendar year describing the projected activities of the Commission, including each of the following:

“(1) The policy priorities of the Commission.

“(2) Any rulemakings projected to be commenced.

“(3) Any plans to develop guidelines or other non-regulatory guidance documents.

“(4) Any plans to restructure the Commission or establish or alter working groups.

“(5) Any planned projects or initiatives of the Commission, including workshops, conferences, and reports.

changed “(6) With respect to any activities of the Commission, including workshops, conferences, reports, working groups, guidance documents, or rule­mak­ings, rulemakings, that relate specifically to combating unfair or deceptive acts or practices that target or significantly affect individuals who are 65 years of age or older, a description of how such activities will address such acts or practices.

“(7) Projected dates and timelines associated with any of the required disclosures in this section.

“29. Report on elder fraud required

“Not later than January 31 of each year, the Commission shall publish and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the Commission’s enforcement actions to address unfair or deceptive acts or practices that may have targeted or significantly affected individuals who are 65 years of age or older during the previous calendar year, including each of the following:

“(1) A brief description of each such enforcement action.

“(2) The disposition of such enforcement actions, broken down by category.

“(3) The proportion of such enforcement actions as a percentage of all enforcement actions relating to unfair or deceptive acts or practices in or affecting commerce brought by the Commission.”