reasonable attorney’s fees as determined by the 
court. 
(b) LIMITATION.—A civil action under this section 
may not be commenced later than 2 years after the date 
upon which the claimant first discovered or had a reason-
able opportunity to discover the violation. 
SEC. 605. EFFECT ON OTHER LAWS. 
(a) PREEMPTION OF STATE LAWS.—This Act super-
sedes any provision of a statute, regulation, or rule of a 
State or political subdivision of a State, with respect to 
those entities covered by the regulations issued pursuant 
to this Act, that expressly requires covered entities to im-
plement requirements with respect to the collection, use, 
or disclosure of covered information addressed in this Act. 
(b) ADDITIONAL PREEMPTION.— 
(1) IN GENERAL.—No person other than a per-
son specified in section 603 or 604 may bring a civil 
action under the laws of any State if such action is 
premised in whole or in part upon the defendant vio-
lating any provision of this Act. 
(2) PROTECTION OF STATE CONSUMER PROTEC-
TION LAWS.—This subsection shall not be construed 
to limit the enforcement of any State consumer pro-
tection law by an attorney general or other official 
of a State. 
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(c) PROTECTION OF CERTAIN STATE LAWS.—This 
Act shall not be construed to preempt the applicability 
of— 
(1) State laws that address the collection, use, 
or disclosure of health information or financial infor-
mation; 
(2) State laws that address notification require-
ments in the event of a data breach; 
(3) State trespass, contract, or tort law; or 
(4) other State laws to the extent that those 
laws relate to acts of fraud. 
(d) PRESERVATION OF FTC AUTHORITY.—Nothing 
in this Act may be construed in any way to limit or affect 
the Commission’s authority under any provision of law. 
(e) RULE
OF CONSTRUCTION RELATING
TO RE-
QUIRED DISCLOSURES
TO GOVERNMENT ENTITIES.— 
This Act shall not be construed to expand or limit the 
duty or authority of a covered entity, service provider, or 
third party to disclose covered information or sensitive in-
formation to a government entity under any provision of 
law. 
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TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. REVIEW. 
Not later than 5 years after the effective date of the 
regulations initially issued under this Act, the Commission 
shall— 
(1) review the implementation of this Act, in-
cluding the effect of the implementation of this Act 
on practices relating to the collection, use, and dis-
closure of covered information and sensitive informa-
tion; and 
(2) prepare and submit to Congress a report on 
the results of the review under paragraph (1). 
SEC. 702. CONSUMER AND BUSINESS EDUCATION CAM-
PAIGN. 
Beginning on the effective date of this Act as set 
forth in section 703, the Commission shall— 
(1) conduct a consumer education campaign to 
inform individuals of the rights and protections af-
forded by this Act and the steps that individuals can 
take to affirmatively consent or decline consent to 
the collection, use, and disclosure of information 
under this Act and the regulations issued pursuant 
to this Act; and 
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(2) provide guidance to businesses regarding 
their obligations under this Act, including guidance 
on how to participate in a Choice Program approved 
under title IV. 
SEC. 703. EFFECTIVE DATE. 
This Act shall take effect 2 years after the date of 
the enactment of this Act. The Commission may stay en-
forcement of this Act for such period of time as the Com-
mission determines necessary to allow for the establish-
ment and Commission approval of a Choice Program 
under title IV and for covered entities to commence par-
ticipation in such a program. 
SEC. 704. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held unconstitutional or 
otherwise invalid, the validity of the remainder of the Act 
and the application of such provision to other persons and 
circumstances shall not be affected thereby. 
Æ 
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