I 
114TH CONGRESS 
2D SESSION 
H. R. 5318 
To amend the Federal Trade Commission Act to specify certain effects of 
guidelines, general statements of policy, and similar guidance issued 
by the Federal Trade Commission. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2016 
Mr. POMPEO (for himself, Mr. BURGESS, Mr. BISHOP of Michigan, Mr. 
MULLIN, Mr. HARPER, Mrs. BLACKBURN, and Mr. LANCE) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on the Judiciary, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Federal Trade Commission Act to specify 
certain effects of guidelines, general statements of policy, 
and similar guidance issued by the Federal Trade Com-
mission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Solidifying Habitual 
and Institutional Explanations of Liability and Defenses 
Act of 2016’’ or the ‘‘SHIELD Act of 2016’’. 
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SEC. 2. EFFECTS OF GUIDELINES, GENERAL STATEMENTS 
OF POLICY, AND SIMILAR GUIDANCE. 
Section 18(a) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)) is amended by adding at the end the 
following: 
‘‘(3)(A) No guidelines, general statements of policy, 
or similar guidance related either to unfair methods of 
competition, or to unfair or deceptive acts or practices, 
in or affecting commerce issued by the Commission shall 
confer any rights upon any person, State, or locality, nor 
shall operate to bind the Commission or any person, State, 
or locality to the approach recommended in such guide-
lines, general statements of policy, or similar guidance. In 
any enforcement action, the Commission shall prove a vio-
lation of a provision of law enforced by the Commission. 
The Commission may not base an enforcement action on, 
or execute a consent order based on, acts or practices that 
are alleged to be inconsistent with any such guidelines, 
general statements of policy, or similar guidance, unless 
the acts or practices violate a provision of law enforced 
by the Commission. 
‘‘(B) Compliance with any guidelines, general state-
ment of policy, or similar guidance issued by the Commis-
sion may be used as evidence of compliance with the provi-
sion of law under which the guidelines, general statement 
of policy, or guidance was issued. 
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‘‘(C) Nothing in this paragraph shall be construed to 
confer any authority upon or negate any authority of the 
Commission to issue guidelines, general statements of pol-
icy, or similar guidance.’’. 
Æ 
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