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S. 2044, Consumer Review Freedom Act of 2015 1 (December 9, 2015)

handle is hein.congrec/cbo2648 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                 December  9, 2015


                                    S. 2044
                   Consumer Review Freedom Act of 2015

    As reported by the Senate Committee on Commerce, Science, and Transportation
                              on November  18, 2015


S. 2044 would void provisions of certain types of contracts that:

   *  Restrict the ability of a party to the contract from publishing a review or analysis of
      the performance of another party under the contract;

   *  Impose  a penalty or fee for publishing such a review; and

   *  Transfer or require the transfer of any rights to the intellectual property of the
      person who created the review.

The bill would prohibit the use of contracts that contain those provisions and authorize the
Federal Trade Commission (FTC) to enforce those new prohibitions. In addition, the FTC
would be authorized to seek civil penalties for violations of the new prohibitions. Finally,
S. 2044 would direct the FTC to develop an education and outreach program to provide
businesses with best practices for complying with the new restrictions.

Based on information from the FTC, CBO estimates that the cost of implementing S. 2044
would not be significant because the agency is able to enforce similar prohibitions and
provide compliance assistance under its existing general authorities. CBO estimates that
enacting S. 2044 would increase federal revenues from the added authority to collect civil
penalties; therefore, pay-as-you-go procedures apply. However, we expect those
collections would be insignificant because of the small number of cases that the agency
would probably pursue. Enacting the bill would not affect direct spending.

CBO  estimates that enacting S. 2044 would not increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods beginning in 2026.

S. 2044 contains no intergovernmental mandates as defined in the Unfunded Mandates
Reform Act (UMRA)   and would not affect the budgets of state, local, or tribal
governments.

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