H.J. Res. 100 (119th)Bill Overview

Disapprove FTC ''Negative Option Rule''

CRA DisapprovalCommerce|Commerce
Cosponsors
Support
Republican
Introduced
Jun 9, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Energy and Commerce.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
CRA DisapprovalWhat this resolution actually does

This resolution uses the Congressional Review Act to reject a federal agency rule. If the resolution becomes law, the named rule would be nullified and would have no force or effect. It also stops the agency from issuing a substantially similar rule in the future unless Congress passes new legislation authorizing it. The joint resolution is the formal way Congress disapproves and removes the rule from effect.

Rule targeted

The Federal Trade Commission's "Negative Option Rule" published at 89 Fed. Reg. 90476 (November 15, 2024).

Issuing agency

Federal Trade Commission (FTC)

Passage rules

Under the Congressional Review Act, the Senate considers disapproval resolutions under expedited procedures with limited debate and no filibuster, so only a simple majority is needed there; as a joint resolution it must pass both chambers and be presented to the President for signature or veto.

This joint resolution, filed under the Congressional Review Act (chapter 8 of title 5, U.S. Code), would disapprove and nullify the Federal Trade Commission rule titled the "Negative Option Rule" (89 Fed.

Reg. 90476, Nov. 15, 2024), and render that rule without force or effect.

Passage35/100

On content alone, this is a narrow, low‑cost disapproval that is administratively simple to enact, which favors passage if there is sufficient will in Congress. However, it takes a clear political alignment across both chambers and acquiescence (or signature) by the President to become law. The absence of compromise elements and the moderately contentious subject matter reduce its standalone chance of enactment absent a favorable legislative and executive alignment.

CredibilityAligned

Relative to its intended legislative type, this bill is a narrowly focused Congressional Review Act disapproval resolution that clearly identifies the targeted rule and invokes the correct statutory authority, with concise operative language nullifying the rule.

Contention75/100

Whether nullifying the rule primarily removes important consumer protections (progressive) versus primarily relieves businesses of an onerous regulation (conservative).

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesFederal agencies · States

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitReduces regulatory compliance costs for businesses that use negative‑option marketing (free trials, automatic renewals,…
  • Potential benefitPreserves business models that rely on negative‑option offers and may help firms that use those models (especially smal…
  • Federal agenciesMaintains a larger role for states and existing consumer‑protection laws rather than imposing a new uniform federal sta…
Likely burdened
  • Federal agenciesRemoves or delays a federal consumer‑protection standard that proponents of the FTC rule argue would reduce surprise ch…
  • StatesCreates a patchwork enforcement landscape if states respond with different rules or enforcement priorities, raising com…
  • Federal agenciesCould increase enforcement burden on state attorneys general and private litigants if the federal standard is unavailab…
03 · Why people split

Why the argument around this bill splits.

Whether nullifying the rule primarily removes important consumer protections (progressive) versus primarily relieves businesses of an onerous regulation (conservative).
Progressive10%

This persona would likely view the resolution as a rollback of an administrative rule made by a consumer-protection agency.

They would be concerned that disapproval removes protections that the FTC intended to provide and that using the CRA in this way undermines agency rulemaking authority.

They would focus on the loss of whatever consumer safeguards the finalized rule provided and on the precedent of congressional disapproval during a period of partisan oversight.

Likely resistant
Centrist45%

A centrist would treat the resolution pragmatically: they would recognize congressional oversight powers but be wary of full disapproval without clear evidence that the rule is flawed.

They would want more information on the rule’s benefits and compliance costs, and might prefer targeted fixes or additional review rather than an outright nullification if the rule contains useful consumer protections.

Split reaction
Conservative85%

This persona would likely support the resolution as an appropriate restraint on federal regulatory overreach.

They would view nullifying the Negative Option Rule as protecting businesses and consumers from intrusive or economically burdensome regulation and as a legitimate exercise of congressional oversight under the Congressional Review Act.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood35/100

On content alone, this is a narrow, low‑cost disapproval that is administratively simple to enact, which favors passage if there is sufficient will in Congress. However, it takes a clear political alignment across both chambers and acquiescence (or signature) by the President to become law. The absence of compromise elements and the moderately contentious subject matter reduce its standalone chance of enactment absent a favorable legislative and executive alignment.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • The resolution’s prospects depend critically on the support or opposition of the Executive (signature or threatened veto) — the bill text gives no indication of executive position.
  • The specific substantive impacts and distributional effects of nullifying the "Negative Option Rule" (which interest groups would mobilize for or against) are not detailed in the resolution text; those dynamics strongly influence legislative momentum.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Whether nullifying the rule primarily removes important consumer protections (progressive) versus primarily relieves businesses of an onero…

On content alone, this is a narrow, low‑cost disapproval that is administratively simple to enact, which favors passage if there is suffici…

Unlocked analysis

Relative to its intended legislative type, this bill is a narrowly focused Congressional Review Act disapproval resolution that clearly identifies the targeted rule and invokes the correct statutory authority, with conc…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis