NE Washington News

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered opening remarks at the Innovation, Data, and Commerce Subcommittee hearing titled “Federal Trade Commission Practices: A Discussion on Past Versus Present.”

“Thank you to our distinguished witnesses who are here today to discuss the current state of an agency we all want to be there for us if we’ve been defrauded or deceived.

“The FTC’s core mission is to be at the forefront of protecting Americans, making it critical that they earn and keep the public’s trust and respect.”

Rodgers expressed concerns about the current direction of the FTC under the Biden-Harris administration. She highlighted a perceived departure from the agency's historical practices of consensus-building and bipartisanship.

“I have been clear from the start of this Congress about my concern that the current FTC is heading in the wrong direction.

“Prior to the Biden-Harris administration, the FTC always worked to build consensus and champion bipartisanship.

“Certainly, there were differences of opinion—not every decision ended in a five-to-zero vote.

“However, at that time, commissioners and staff embraced a culture where they could freely exchange ideas and feel heard.

“Those open and honest discussions allowed the FTC to act in the American people’s best interest and garner the public’s trust.

“Disappointingly, this 40-year tradition and culture has been lost.”

Rodgers criticized what she described as an expansion of power by the FTC beyond its traditional role as a general regulator. She argued that this shift has led to numerous legal disputes which detract from its primary mission.

“The FTC has long acted as a ‘cop-on-the-beat,’ not as a sector-specific regulator in the way the Food and Drug Administration is, for instance.

“Unfortunately, the Commission has assumed more power and become a heavy-handed economy-wide regulator.

“This change in direction has led to many contentious and expensive court battles."

She also mentioned recent Supreme Court decisions indicating that some of these expanded tools used by the FTC exceed their statutory authority.

Rodgers pointed out changes within FTC norms that she believes have shifted towards more aggressive regulation without due consideration for legitimate business activities.

“Most notably, we have seen a breakdown in norms and practices that were considered commonplace in previous Democratic and Republican administrations.

“By removing ‘without unduly burdening legitimate business activity’ from its mission statement, the Commission has sent a clear message that it wants to be feared instead of being a good-faith regulator."

She raised concerns over declining employee morale within the agency since Chair Khan’s appointment.

“Respected surveys have shown employee morale and confidence in senior Commission leadership has steeply declined."

Finally, Rodgers called for legislative action to restore traditional processes within the FTC.

“This is wrong and a clear attempt to bypass Congress...

"Congress needs to reassert its Article I authority...

“I look forward to hearing from experts here today on what Congress can do...

“I know we share these goals..."

Main: (202) 225-3641

Press: (202) 226-4972