Executive Summary

A congressional conference committee will decide whether to include a provision in financial services reform legislation provision that dramatically expands the Federal Trade Commission's rulemaking authority. The Senate passed a version of the Wall Street Reform and Consumer Protection Act, H.R. 4173, without a provision the House included that amends the FTC Act by removing procedural requirements from the commission's rulemaking and enforcement capabilities (1"The Tan Sheet" April 26, 2010). Dietary supplement industry trade groups and other industry organizations lobbied against the provision that would enable FTC to adopt trade regulations using the Administrative Procedure Act rulemaking procedure and no longer require the agency to obtain congressional approval before undertaking formal rulemaking procedures. The House and Senate will appoint conference committee members to negotiate a final bill that resolves differences over the FTC provision and other sections of the extensive legislation