Solidifying Habitual and Institutional Explanations of Liability and Defenses Act or the SHIELD Act
This bill provides that in any enforcement action the Federal Trade Commission (FTC) must prove a violation of law and may not base the action solely on guidelines, policy statements, or similar guidance.
The bill provides that no guidelines, general statements of policy, or similar guidance issued by the FTC shall confer any rights or bind the FTC or any person, state, or locality to the approach recommended therein. Further, the bill authorizes a defendant in an enforcement action to offer any such guidelines, policy statements, or similar guidance as evidence of compliance with a provision of law that is enforced by the FTC.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2671 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2671
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
April 20, 2021
Mr. Armstrong 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.
Be it enacted by the Senate and House of Representatives 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'' or the
``SHIELD Act''.
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 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) In any enforcement action, a defendant may offer as evidence
of compliance with a provision of law enforced by the Commission, any
guidelines, general statements of policy, or similar guidance issued by
the Commission pursuant to that law.''
``(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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