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H.R. 5111, Consumer Review Fairness Act of 2016 1 (August 4, 2016)

handle is hein.congrec/cbo3132 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE COST ESTIMATE August 4, 2016 H.R. 5111 Consumer Review Fairness Act of 2016 As ordered reported by the House Committee on Energy and Commerce on July 13, 2016 H.R. 5111 would void certain provisions in standard form contracts (those used in the course of selling or leasing goods and services) that impose restrictions or penalties for one party's review of the performance of another party under the contract. It also would void and prohibit certain contract provisions that would assign the intellectual property rights for one party's review of the performance of the contract to any other party. The bill would grant the Federal Trade Commission (FTC) the authority to enforce the new prohibitions and authorize the agency to levy civil penalties for violations. H.R. 5111 also would direct the FTC to develop an education and outreach program to provide businesses with best practices for complying with new restrictions. CBO estimates that the cost of implementing H.R. 5111 would be insignificant because the FTC enforces similar prohibitions and provides compliance assistance under its existing general authorities. CBO estimates that enacting H.R. 5111 would increase federal revenues from the new authority to collect civil penalties; therefore, pay-as-you-go procedures apply. However, CBO estimates those collections would be insignificant because of the small number of cases that the agency would probably pursue. CBO estimates that enacting the bill would not affect direct spending. CBO estimates that enacting H.R. 5111 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. H.R. 5111 contains no intergovernmental mandates as defined in Unfunded Mandates Reform Act (UMRA) and would not affect the budgets of state, local, or tribal governments. Although the FTC has begun to enforce prohibitions on contract provisions similar to those outlined in the bill under its existing authorities, to the extent that such provisions are not currently considered void in all jurisdictions, the bill would impose a private-sector mandate as defined in UMRA on entities that use such provisions in their contracts. The cost of the mandate would be the value of forgone income from out-of-court settlements

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