Curtis Introduces Bill to Strengthen FTC Governance, Promote Regulatory Stability

Legislation would require a quorum of FTC Commissioners to undertake any major policymaking
WASHINGTON —U.S. Senator John Curtis (R-UT) introduced the Federal Trade Commission Governance Reform Act , legislation to reinforce Congress’ original intent for the Federal Trade Commission (FTC) to function as a deliberative, multi-member agency by requiring a quorum of at least three commissioners before the agency can undertake rulemaking or establish broadly applicable policy.
“When businesses are making long-term strategic decisions, they deserve confidence that major regulatory policy will be developed through a stable, collaborative process. This is why Congress designed the FTC to make major decisions through thoughtful deliberation, not by a single individual or a perpetually diminished Commission,” said Senator Curtis. “This legislation protects the governance structure Congress intended and strengthens confidence in the Commission’s decision making.”
Background:
Congress established the FTC as a five-member commission to ensure major competition and consumer protection policies are developed through collective deliberation. Under current law, the FTC can issue significant policy changes even when the Commission lacks a robust complement of sitting commissioners. The Federal Trade Commission Governance Reform Act reinforces Congress’ original intent by requiring at least three commissioners to participate in major policymaking decisions. By ensuring those decisions reflect the collective judgement of a Commission, the bill promotes regulatory predictability for businesses making long-term investment decisions.
The legislation would require a quorum of three commissioners in order for the FTC to:
The quorum requirement would not apply to case-specific enforcement actions or other Commission activities that do not establish generally applicable policy. The legislation would take effect on January 20, 2029.
A one-pager on the bill is available here , and the full bill text is available here .