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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7101 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7101
To establish requirements for the Federal Trade Commission with respect
to certain rules related to automotive retailing, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2024
Mr. Armstrong (for himself, Mr. Gooden of Texas, Mr. Grothman, Mr.
Flood, Mr. Mann, and Mr. Williams of Texas) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
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. AUTOMOTIVE RETAILING RULES.
(a) Rule Rescinded.--The final rule of the Commission titled
``Combating Auto Retail Scams Trade Regulation Rule'' and published in
the Federal Register on January 4, 2024 (89 Fed. Reg. 590), shall have
no force or effect.
(b) Prohibition.--The Commission may not finalize, implement, or
enforce a covered proposed rule unless the Commission satisfies the
requirements described in subsection (c), and any other requirements
applicable under Federal law, with respect to the covered proposed
rule.
(c) 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.
(d) Definitions.--In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Covered proposed rule.--The term ``covered proposed
rule'' means any rule proposed by the Commission on or after
January 4, 2024, that is similar or related to the final rule
described in subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Innovation, Data, and Commerce.
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