SHIELD Act

Bill: 114-hr-5118
Sponsor: full_name: Rep. Pompeo, Mike [R-KS-4]
Introduced: 2016-04-28
Policy area: Commerce
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Competition and antitrust

Consumer affairs

Evidence and witnesses

Federal Trade Commission (FTC)

Intergovernmental relations

State and local government operations
Latest action: action_date: 2016-04-29
text: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

Summaries:
action_date: 2016-04-28
action_desc: Introduced in House
text: <p><b>Solidifying Habitual and Institutional Explanations of Liability and Defenses Act or the SHIELD Act</b></p> <p>This bill amends the Federal Trade Commission Act to prohibit guidelines or general statements of policy issued by the Federal Trade Commission (FTC) from: (1) conferring rights upon any person, state, or locality; or (2) binding the FTC or any person, state, or locality to a recommended approach.</p> <p>In enforcement actions, the FTC must prove a violation of a law enforced by the FTC. The FTC's enforcement actions or consent orders may not be based solely on allegations that acts or practices are inconsistent with guidelines or general policy statements unless the acts or practices violate FTC-enforced law.</p> <p>Compliance with guidelines or general statements of policy may be used as evidence of compliance with a law under which the guidelines or statements were issued.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5118 IN THE HOUSE OF REPRESENTATIVES April 28, 2016 Mr. Pompeo (for himself, Mr. Burgess , Mr. Mullin , Mr. Harper , Mrs. Blackburn , and Mr. Lance ) introduced the following bill; which was referred to the Committee on Energy and Commerce 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 Commission.

1. Short title This Act may be cited as the Solidifying Habitual and Institutional Explanations of Liability and Defenses Act or the SHIELD Act . 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 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 guidelines, general statements of policy, or similar guidance. In any enforcement action, the Commission shall prove a violation 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 statement of policy, or similar guidance issued by the Commission may be used as evidence of compliance with the provision of law under which the guidelines, general statement of policy, or guidance was issued. (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 policy, or similar guidance. .