race, color, ethnicity, national origin, religion, sex, 
gender, gender identity, sexual orientation, age, 
Tribal affiliation, disability, domicile, employment 
status, familial status, immigration status, or vet-
eran status; 
(2) analyze the impact, risks, costs, legal con-
siderations, disparate impacts, and other implica-
tions to civil rights of policies to incentivize or re-
quire the adoption of digital tools or apps used for 
contact tracing, exposure notification, or health 
monitoring; and 
(3) include recommendations on preventing and 
addressing undue or disparate impact, segregation, 
discrimination, or infringements of civil rights in the 
collection and use of health information, including 
during a national health emergency. 
(c) TIMING.— 
(1) INITIAL REPORT.—The Secretary shall sub-
mit an initial report under subsection (a) not sooner 
than 9 months, and not later than 12 months after 
the date of enactment of this Act. 
(2) SUBSEQUENT
REPORTS.—The Secretary 
shall submit reports annually after the initial report 
required under paragraph (1) until 1 year after the 
termination of any public health emergency per-
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taining to Coronavirus Disease 2019 (COVID–19) 
under section 319 of Public Health Service Act (42 
U.S.C. 247d). 
SEC. 6. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pro-
mulgated under this Act shall be treated as a viola-
tion of a rule defining an unfair or deceptive act or 
practice under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) re-
garding unfair or deceptive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce this Act and the regulations pro-
mulgated under this Act in the same manner, by the 
same means, and with the same jurisdiction, powers, 
and duties as though all applicable terms and provi-
sions of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) were incorporated into and made 
a part of this Act. Any person who violates this Act 
or a regulation promulgated under this Act shall be 
subject to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade Com-
mission Act. Provided, however, that, notwith-
standing the requirements of section 16(a) of the 
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Federal Trade Commission Act (15 U.S.C. 56(a)), 
the Commission shall have the exclusive authority to 
commence or defend, and supervise the litigation of, 
any action for a violation of this Act or a regulation 
promulgated under this Act and any appeal of such 
action in its own name by any of its attorneys des-
ignated by it for such purpose, without first refer-
ring the matter to the Attorney General. 
(3) RULEMAKING AUTHORITY.— 
(A) IN GENERAL.—The Commission shall 
have authority under section 553 of title 5, 
United States Code, to promulgate any regula-
tions necessary to implement this Act. 
(B) CONSULTATION.—In promulgating any 
regulations under this Act, the Commission 
shall consult with the Secretary. 
(4) COMMON CARRIERS AND NONPROFIT ORGA-
NIZATIONS.—Notwithstanding section 4, 5(a)(2), or 
6 of the Federal Trade Commission Act (15 U.S.C. 
44; 45(a)(2); 46) or any jurisdictional limitation of 
the Commission, the Commission shall also enforce 
this Act, in the same manner provided in paragraphs 
(1) and (2) of this paragraph, with respect to— 
(A) common carriers subject to the Acts to 
regulate commerce, air carriers, and foreign air 
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carriers subject to part A of subtitle VII of title 
49, and persons, partnerships, or corporations 
insofar as they are subject to the Packers and 
Stockyards Act, 1921 (7 U.S.C. 181 et seq.), 
except as provided in section 406(b) of such Act 
(7 U.S.C. 227(b)); and 
(B) organizations not organized to carry 
on business for their own profit or that of their 
members. 
(b) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of the State has been or 
is threatened or adversely affected by the engage-
ment of any person subject to this Act in a practice 
that violates such subsection, the attorney general of 
the State may, as parens patriae, bring a civil action 
on behalf of the residents of the State in an appro-
priate district court of the United States to obtain 
appropriate relief. 
(2) RIGHTS OF THE FEDERAL TRADE COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
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(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing that the attorney general intends to 
bring a civil action under paragraph (1) 
before initiating the civil action against a 
person subject to this Act. 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
THE
FEDERAL 
TRADE COMMISSION.—The Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
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(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
(C) INVESTIGATORY POWERS.—Nothing in 
this subsection may be construed to prevent the 
attorney general of a State from exercising the 
powers conferred on the attorney general by the 
laws of the State to conduct investigations, to 
administer oaths or affirmations, or to compel 
the attendance of witnesses or the production of 
documentary or other evidence. 
(3) ACTION BY THE FEDERAL TRADE COMMIS-
SION.—If the Commission institutes a civil action 
with respect to a violation of this Act, the attorney 
general of a State may not, during the pendency of 
such action, bring a civil action under paragraph (1) 
of this subsection against any defendant named in 
the complaint of the Commission for the violation 
with respect to which the Commission instituted 
such action. 
(4) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
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initiating or continuing any proceeding in 
a court of the State for a violation of any 
civil or criminal law of the State. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) ENFORCEMENT BY INDIVIDUALS.— 
(A) IN GENERAL.—Any individual alleging 
a violation of this Act may bring a civil action 
in any court of competent jurisdiction, State or 
Federal. 
(B) RELIEF.—In a civil action brought 
under paragraph (1) in which the plaintiff pre-
vails, the court may award— 
(i) an amount not less than $100 and 
not greater than $1,000 per violation 
against any person who negligently violates 
a provision of this Act; 
(ii) an amount not less than $500 and 
not greater than $5,000 per violation 
against any person who recklessly, will-
fully, or intentionally violates a provision of 
this Act; 
(iii) reasonable attorney’s fees and 
litigation costs; and 
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(iv) any other relief, including equi-
table or declaratory relief, that the court 
determines appropriate. 
(C) INJURY IN FACT.—A violation of this 
Act with respect to the emergency health data 
of an individual constitutes a concrete and par-
ticularized injury in fact to that individual. 
(2) INVALIDITY OF PRE-DISPUTE ARBITRATION 
AGREEMENTS
AND
PRE-DISPUTE
JOINT
ACTION 
WAIVERS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, no pre-dispute arbitra-
tion agreement or pre-dispute joint action waiv-
er shall be valid or enforceable with respect to 
a dispute arising under this Act. 
(B) APPLICABILITY.—Any determination 
as to whether or how this subsection applies to 
any dispute shall be made by a court, rather 
than an arbitrator, without regard to whether 
such agreement purports to delegate such deter-
mination to an arbitrator. 
(C) DEFINITIONS.—In this subsection: 
(i) The term ‘‘pre-dispute arbitration 
agreement’’ means any agreement to arbi-
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trate a dispute that has not arisen at the 
time of making the agreement. 
(ii) The term ‘‘pre-dispute joint-action 
waiver’’ means an agreement, whether or 
not part of a pre-dispute arbitration agree-
ment, that would prohibit, or waive the 
right of, one of the parties to the agree-
ment to participate in a joint, class, or col-
lective action in a judicial, arbitral, admin-
istration, or other forum, concerning a dis-
pute that has not yet arisen at the time of 
making the agreement. 
(iii) The term ‘‘dispute’’ means any 
claim related to an alleged violation of this 
Act and between an individual and a cov-
ered organization. 
SEC. 7. NONPREEMPTION. 
Nothing in this Act shall preempt or supersede, or 
be interpreted to preempt or supersede, any Federal or 
State law or regulation, or limit the authority of the Com-
mission or the Secretary under any other provision of law. 
SEC. 8. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act shall apply beginning on 
the date that is 30 days after the date of enactment of 
this Act. 
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(b) AUTHORITY TO PROMULGATE REGULATIONS AND 
TAKE CERTAIN OTHER ACTIONS.—Nothing in subsection 
(a) affects— 
(1) the authority of any person to take an ac-
tion expressly required by a provision of this Act be-
fore the effective date described in such subsection; 
or 
(2) the authority of the Commission to promul-
gate regulations to implement this Act or begin a 
rulemaking to promulgate such regulations. 
Æ 
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