complaints from the systems established under subsection 
(a), if— 
(1) the State agency system has the functional 
capacity to receive calls or electronic reports routed 
by the Agency systems; 
(2) the State agency has satisfied any condi-
tions of participation in the system that the Agency 
may establish, including treatment of personal infor-
mation and sharing of information on complaint res-
olution or related compliance procedures and re-
sources; and 
(3) participation by the State agency includes 
measures necessary to provide for protection of per-
sonal information that conform to the standards for 
protection of the confidentiality of personal informa-
tion and for data integrity and security that apply 
to Federal agencies. 
(c) DATA SHARING REQUIRED.—To facilitate inclu-
sion in the reports required by section 310 of the matters 
regarding complaints of individuals required by subsection 
(b)(4) of such section to be included in such reports, inves-
tigation and enforcement activities, and monitoring of the 
privacy and security of personal information, the Agency 
shall share information about complaints of individuals 
with Federal and State agencies that have jurisdiction 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
over the privacy or security of personal information and 
State attorneys general, subject to the standards applica-
ble to Federal agencies for protection of the confidentiality 
of personal information and for data security and integ-
rity. Other Federal agencies that have jurisdiction over the 
privacy or security of personal information shall share 
data relating to complaints of individuals regarding the 
privacy or security of personal information with the Agen-
cy, subject to the standards applicable to Federal agencies 
for protection of confidentiality of personal information 
and for data security and integrity. 
SEC. 306. USER ADVISORY BOARD. 
(a) ESTABLISHMENT REQUIRED.—The Director shall 
establish a User Advisory Board to advise and consult 
with the Agency in the exercise of its functions under this 
Act, and to provide information on emerging practices re-
lating to the treatment of personal information by covered 
entities, including regional trends, concerns, and other rel-
evant information. 
(b) MEMBERSHIP.—In appointing the members of 
the User Advisory Board, the Director shall seek to assem-
ble experts in consumer protection, privacy, civil rights, 
and ethics, and seek representation of the interests of indi-
viduals who use products or services provided by covered 
entities, without regard to party affiliation. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
(c) MEETINGS.—The User Advisory Board shall meet 
from time to time at the call of the Director, but, at a 
minimum, shall meet at least twice in each year. 
(d) COMPENSATION AND TRAVEL EXPENSES.—Mem-
bers of the User Advisory Board who are not full-time em-
ployees of the United States shall— 
(1) be entitled to receive compensation at a rate 
fixed by the Director while attending meetings of the 
User Advisory Board, including travel time; and 
(2) receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable 
provisions under subchapter I of chapter 57 of title 
5, United States Code. 
SEC. 307. ACADEMIC AND RESEARCH ADVISORY BOARD. 
(a) ESTABLISHMENT REQUIRED.—The Director shall 
establish an Academic and Research Advisory Board to 
advise and consult with the Agency in the exercise of its 
functions under this Act, and to provide information on 
emerging practices relating to the treatment of personal 
information by covered entities, including regional trends, 
concerns, and other relevant information. 
(b) MEMBERSHIP.—In appointing the members of 
the Academic and Research Advisory Board, the Director 
shall seek to assemble individuals with academic and re-
search expertise in privacy, cybersecurity, computer 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
science, innovation, economics, law, and public policy, 
without regard to party affiliation. 
(c) MEETINGS.—The Academic and Research Advi-
sory Board shall meet from time to time at the call of 
the Director, but, at a minimum, shall meet at least twice 
in each year. 
(d) COMPENSATION AND TRAVEL EXPENSES.—Mem-
bers of the Academic and Research Advisory Board who 
are not full-time employees of the United States shall— 
(1) be entitled to receive compensation at a rate 
fixed by the Director while attending meetings of the 
Academic and Research Advisory Board, including 
travel time; and 
(2) receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable 
provisions under subchapter I of chapter 57 of title 
5, United States Code. 
SEC. 308. SMALL BUSINESS AND INVESTOR ADVISORY 
BOARD. 
(a) ESTABLISHMENT REQUIRED.—The Director shall 
establish a Small Business and Investor Advisory Board 
to advise and consult with the Agency in the exercise of 
its functions under this Act, and to provide information 
on emerging practices relating to the treatment of per-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
sonal information by covered entities, including regional 
trends, concerns, and other relevant information. 
(b) MEMBERSHIP.—In appointing the members of 
the Small Business and Investor Advisory Board, the Di-
rector shall seek to assemble representatives of small busi-
nesses and investors in small businesses, without regard 
to party affiliation. 
(c) MEETINGS.—The Small Business and Investor 
Advisory Board shall meet from time to time at the call 
of the Director, but, at a minimum, shall meet at least 
twice in each year. 
(d) COMPENSATION AND TRAVEL EXPENSES.—Mem-
bers of the Small Business and Investor Advisory Board 
who are not full-time employees of the United States 
shall— 
(1) be entitled to receive compensation at a rate 
fixed by the Director while attending meetings of the 
Small Business and Investor Advisory Board, includ-
ing travel time; and 
(2) receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable 
provisions under subchapter I of chapter 57 of title 
5, United States Code. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 309. CONSULTATION. 
The Director shall consult with Federal and State 
agencies that have jurisdiction over the privacy or security 
of personal information, State attorneys general, inter-
national and intergovernmental bodies that conduct activi-
ties relating to the privacy or security of personal informa-
tion, and agencies of other countries that are similar to 
the Agency, as appropriate, to promote consistent regu-
latory treatment of the activities of covered entities relat-
ing to the privacy or security of personal information. 
SEC. 310. REPORTS. 
(a) REPORTS REQUIRED.—Not later than 6 months 
after the date of the enactment of this Act, and every 6 
months thereafter, the Director shall submit a report to 
the President and to the Committee on Energy and Com-
merce, the Committee on the Judiciary, and the Com-
mittee on Appropriations of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation, the Committee on the Judiciary, and the Com-
mittee on Appropriations of the Senate, and shall publish 
such report on the website of the Agency. 
(b) CONTENTS.—Each report required by subsection 
(a) shall include— 
(1) a discussion of the significant problems 
faced by individuals with respect to the privacy or 
security of personal information; 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
(2) a justification of the budget request of the 
Agency for the preceding year, unless a justification 
for such year was included in the preceding report 
submitted under such subsection; 
(3) a list of the significant rules and orders 
adopted by the Agency, as well as other significant 
initiatives conducted by the Agency, during the pre-
ceding 6-month period and the plan of the Agency 
for rules, orders, or other initiatives to be under-
taken during the upcoming 6-month period; 
(4) an analysis of complaints about the privacy 
or security of personal information that the Agency 
has received and collected in the database described 
in section 305(a) during the preceding 6-month pe-
riod; 
(5) a list, with a brief statement of the issues, 
of the public enforcement actions to which the Agen-
cy was a party during the preceding 6-month period; 
and 
(6) an assessment of significant actions by 
State attorneys general or State agencies relating to 
this Act or the rules prescribed under this Act dur-
ing the preceding 6-month period. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 311. GRANTS FOR DEVELOPING OPEN-SOURCE MA-
CHINE LEARNING TRAINING DATA. 
The Director shall establish an Open-Source Machine 
Learning Training Data Program and make grants 
through the program to support the development of open- 
source, voluntarily disclosed, personal information data 
sets to be used for the training or development of machine 
learning and artificial intelligence algorithms. The Direc-
tor shall promulgate regulations to implement the Pro-
gram and to consider any such data sets are in compliance 
with this Act balancing any intrusion on the privacy of, 
potential privacy harms to, and reasonable expectations of 
individuals to whom the personal information relates. 
SEC. 312. ANNUAL AUDITS. 
The Director shall order an annual independent audit 
of the operations and budget of the Agency. 
SEC. 313. INSPECTOR GENERAL. 
Section 12 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(1) in paragraph (1), by inserting the ‘‘Director 
of the Digital Privacy Agency;’’ after ‘‘the President 
of the Export-Import Bank;’’; and 
(2) in paragraph (2), by inserting ‘‘the Digital 
Privacy Agency,’’ after ‘‘the Export-Import Bank,’’. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 314. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Direc-
tor to carry out this Act $550,000,000 for each of the 
fiscal years 2020, 2021, 2022, 2023, and 2024. 
TITLE IV—ENFORCEMENT 
SEC. 401. DEFINITIONS. 
In this title: 
(1) AGENCY INVESTIGATOR.—The term ‘‘Agen-
cy investigator’’ means any attorney or investigator 
employed by the Agency who is charged with the 
duty of enforcing or carrying into effect any provi-
sion of this Act or a rule or order prescribed under 
this Act. 
(2) ATTORNEY GENERAL.—The term ‘‘attorney 
general’’ means, with respect to a State, the attor-
ney general or chief law enforcement officer of the 
State, or another official or agency designated by 
the State to bring civil actions on behalf of the State 
or the residents of the State. 
(3) CUSTODIAN.—The term ‘‘custodian’’ means 
the custodian or any deputy custodian designated by 
the Agency. 
(4) 
DOCUMENTARY
MATERIAL.—The 
term 
‘‘documentary material’’ includes the original or any 
copy of any book, document, record, report, memo-
randum, paper, communication, tabulation, chart, 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
logs, electronic files, or other data or data compila-
tions stored in any medium. 
(5) VIOLATION.—The term ‘‘violation’’ means 
any act or omission that, if proved, would constitute 
a violation of any provision of this Act or a rule or 
order prescribed under this Act. 
(6) NON-PUBLIC
INFORMATION.—The term 
‘‘non-public information’’ means information that 
has not been disclosed in a criminal, civil, or admin-
istrative proceeding, in a government investigation, 
report, or audit, or by the news media or other pub-
lic source of information, and that was not obtained 
in violation of the law. 
SEC. 402. INVESTIGATIONS AND ADMINISTRATIVE DIS-
COVERY. 
(a) JOINT INVESTIGATIONS.—The Agency or, where 
appropriate, an Agency investigator, may conduct inves-
tigations and make requests for information, as authorized 
under this Act, on a joint basis with another agency (as 
defined in section 551 of title 5, United States Code). 
(b) SUBPOENAS.— 
(1) IN GENERAL.—The Agency or an Agency 
investigator may issue subpoenas for the attendance 
and testimony of witnesses and the production of 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
relevant papers, books, documents, or other material 
in connection with hearings under this Act. 
(2) FAILURE TO OBEY.—In the case of contu-
macy or refusal to obey a subpoena issued pursuant 
to this subsection and served upon any person, the 
district court of the United States for any district in 
which such person is found, resides, or transacts 
business, upon application by the Agency or an 
Agency investigator and after notice to such person, 
may issue an order requiring such person to appear 
and give testimony or to appear and produce docu-
ments or other material. 
(3) CONTEMPT.—Any failure to obey an order 
of the court under paragraph (2) may be punished 
by the court as a contempt thereof. 
(c) DEMANDS.— 
(1) IN GENERAL.—Whenever the Agency has 
reason to believe that any person may be in posses-
sion, custody, or control of any documentary mate-
rial or tangible things, or may have any information, 
relevant to a violation, the Agency may, before the 
institution of any proceedings under this Act, issue 
in writing, and cause to be served upon such person, 
a civil investigative demand requiring such person 
to— 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
(A) produce such documentary material for 
inspection and copying or reproduction in the 
form or medium requested by the Agency; 
(B) submit such tangible things; 
(C) file written reports or answers to ques-
tions; 
(D) give oral testimony concerning docu-
mentary material, tangible things, or other in-
formation; or 
(E) furnish any combination of such mate-
rial, answers, or testimony. 
(2) REQUIREMENTS.—Each civil investigative 
demand shall state the nature of the conduct consti-
tuting the alleged violation which is under investiga-
tion and the provision of law applicable to such vio-
lation. 
(3) PRODUCTION OF DOCUMENTS.—Each civil 
investigative demand for the production of documen-
tary material shall— 
(A) describe each class of documentary 
material to be produced under the demand with 
such definiteness and certainty as to permit 
such material to be fairly identified; 
(B) prescribe a return date or dates which 
will provide a reasonable period of time within 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
which the material so demanded may be assem-
bled and made available for inspection and 
copying or reproduction; and 
(C) identify the custodian to whom such 
material shall be made available. 
(4) PRODUCTION OF THINGS.—Each civil inves-
tigative demand for the submission of tangible 
things shall— 
(A) describe each class of tangible things 
to be submitted under the demand with such 
definiteness and certainty as to permit such 
things to be fairly identified; 
(B) prescribe a return date or dates which 
will provide a reasonable period of time within 
which the things so demanded may be assem-
bled and submitted; and 
(C) identify the custodian to whom such 
things shall be submitted. 
(5) DEMAND FOR WRITTEN REPORTS OR AN-
SWERS.—Each civil investigative demand for written 
reports or answers to questions shall— 
(A) propound with definiteness and cer-
tainty the reports to be produced or the ques-
tions to be answered; 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
(B) prescribe a date or dates at which time 
written reports or answers to questions shall be 
submitted; and 
(C) identify the custodian to whom such 
reports or answers shall be submitted. 
(6) ORAL TESTIMONY.—Each civil investigative 
demand for the giving of oral testimony shall— 
(A) prescribe a date, time, and place at 
which oral testimony shall be commenced; and 
(B) identify an Agency investigator who 
shall conduct the investigation and the custo-
dian to whom the transcript of such investiga-
tion shall be submitted. 
(7) SERVICE.—Any civil investigative demand 
issued, and any enforcement petition filed, under 
this section may be served— 
(A) by any Agency investigator at any 
place within the territorial jurisdiction of any 
court of the United States; and 
(B) upon any person who is not found 
within the territorial jurisdiction of any court of 
the United States— 
(i) in such manner as the Federal 
Rules of Civil Procedure prescribe for serv-
ice in a foreign nation; and 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
(ii) to the extent that the courts of 
the United States have authority to assert 
jurisdiction over such person, consistent 
with due process, the United States Dis-
trict Court for the District of Columbia 
shall have the same jurisdiction to take 
any action respecting compliance with this 
section by such person that such district 
court would have if such person were per-
sonally within the jurisdiction of such dis-
trict court. 
(8) METHOD OF SERVICE.—Service of any civil 
investigative demand or any enforcement petition 
filed under this section may be made upon a person 
by— 
(A) delivering a duly executed copy of such 
demand or petition to the individual or to any 
partner, executive officer, managing agent, or 
general agent of such person, or to any agent 
of such person authorized by appointment or by 
law to receive service of process on behalf of 
such person; 
(B) delivering a duly executed copy of such 
demand or petition to the principal office or 
place of business of the person to be served; or 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
(C) depositing a duly executed copy in the 
United States mails, by registered or certified 
mail, return receipt requested, duly addressed 
to such person at the principal office or place 
of business of such person. 
(9) PROOF OF SERVICE.— 
(A) IN GENERAL.—A verified return by the 
individual serving any civil investigative demand 
or any enforcement petition filed under this sec-
tion setting forth the manner of such service 
shall be proof of such service. 
(B) RETURN
RECEIPTS.—In the case of 
service by registered or certified mail, such re-
turn shall be accompanied by the return post 
office receipt of delivery of such demand or en-
forcement petition. 
(10) PRODUCTION
OF
DOCUMENTARY
MATE-
RIAL.—The production of documentary material in 
response to a civil investigative demand shall be 
made under a sworn certificate, in such form as the 
demand designates, by the person, if a natural per-
son, to whom the demand is directed or, if not a 
natural person, by any person having knowledge of 
the facts and circumstances relating to such produc-
tion, to the effect that all of the documentary mate-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
rial required by the demand and in the possession, 
custody, or control of the person to whom the de-
mand is directed has been produced and made avail-
able to the custodian. 
(11) SUBMISSION OF TANGIBLE THINGS.—The 
submission of tangible things in response to a civil 
investigative demand shall be made under a sworn 
certificate, in such form as the demand designates, 
by the person to whom the demand is directed or, 
if not a natural person, by any person having knowl-
edge of the facts and circumstances relating to such 
production, to the effect that all of the tangible 
things required by the demand and in the posses-
sion, custody, or control of the person to whom the 
demand is directed have been submitted to the cus-
todian. 
(12) SEPARATE ANSWERS.—Each reporting re-
quirement or question in a civil investigative demand 
shall be answered separately and fully in writing 
under oath, unless it is objected to, in which event 
the reasons for the objection shall be stated in lieu 
of an answer, and it shall be submitted under a 
sworn certificate, in such form as the demand des-
ignates, by the person, if a natural person, to whom 
the demand is directed or, if not a natural person, 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
by any person responsible for answering each report-
ing requirement or question, to the effect that all in-
formation required by the demand and in the posses-
sion, custody, control, or knowledge of the person to 
whom the demand is directed has been submitted. 
(13) TESTIMONY.— 
(A) IN GENERAL.— 
(i) OATH
AND
RECORDATION.—The 
examination of any person pursuant to a 
demand for oral testimony served under 
this subsection shall be taken before an of-
ficer authorized to administer oaths and 
affirmations by the laws of the United 
States or of the place at which the exam-
ination is held. The officer before whom 
oral testimony is to be taken shall put the 
witness on oath or affirmation and shall 
personally, or by any individual acting 
under the direction of and in the presence 
of the officer, record the testimony of the 
witness. 
(ii) TRANSCRIPTION.—The testimony 
shall be taken stenographically and tran-
scribed. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
100 
(B) PARTIES PRESENT.—Any Agency in-
vestigator before whom oral testimony is to be 
taken shall exclude from the place where the 
testimony is to be taken all other persons, ex-
cept the person giving the testimony, the attor-
ney for that person, the officer before whom the 
testimony is to be taken, an investigator or rep-
resentative of an agency with which the Agency 
is engaged in a joint investigation, and any ste-
nographer taking such testimony. 
(C) LOCATION.—The oral testimony of any 
person taken pursuant to a civil investigative 
demand shall be taken in the judicial district of 
the United States in which such person resides, 
is found, or transacts business, or in such other 
place as may be agreed upon by the Agency in-
vestigator before whom the oral testimony of 
such person is to be taken and such person. 
(D) ATTORNEY REPRESENTATION.— 
(i) IN
GENERAL.—Any person com-
pelled to appear under a civil investigative 
demand for oral testimony pursuant to this 
subsection may be accompanied, rep-
resented, and advised by an attorney. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
101 
(ii) AUTHORITY.—The attorney may 
advise a person described in clause (i), in 
confidence, either upon the request of such 
person or upon the initiative of the attor-
ney, with respect to any question asked of 
such person. 
(iii) 
OBJECTIONS.—A 
person 
de-
scribed in clause (i), or the attorney for 
that person, may object on the record to 
any question, in whole or in part, and such 
person shall briefly state for the record the 
reason for the objection. An objection may 
properly be made, received, and entered 
upon the record when it is claimed that 
such person is entitled to refuse to answer 
the question on grounds of any constitu-
tional or other legal right or privilege, in-
cluding the privilege against self-incrimina-
tion, but such person shall not otherwise 
object to or refuse to answer any question, 
and such person or attorney shall not oth-
erwise interrupt the oral examination. 
(iv) REFUSAL TO ANSWER.—If a per-
son described in clause (i) refuses to an-
swer any question— 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
102 
(I) the Agency may petition the 
district court of the United States 
pursuant to this section for an order 
compelling such person to answer 
such question; and 
(II) if the refusal is on grounds 
of the privilege against self-incrimina-
tion, the testimony of such person 
may be compelled in accordance with 
the provisions of section 6004 of title 
18, United States Code. 
(E) TRANSCRIPTS.—For purposes of this 
subsection— 
(i) after the testimony of any witness 
is fully transcribed, the Agency investi-
gator shall afford the witness (who may be 
accompanied by an attorney) a reasonable 
opportunity to examine the transcript; 
(ii) the transcript shall be read to or 
by the witness, unless such examination 
and reading are waived by the witness; 
(iii) any changes in form or substance 
which the witness desires to make shall be 
entered and identified upon the transcript 
by the Agency investigator, with a state-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
103 
ment of the reasons given by the witness 
for making such changes; 
(iv) the transcript shall be signed by 
the witness, unless the witness in writing 
waives the signing, is ill, cannot be found, 
or refuses to sign; and 
(v) if the transcript is not signed by 
the witness during the 30-day period fol-
lowing the date on which the witness is 
first afforded a reasonable opportunity to 
examine the transcript, the Agency investi-
gator shall sign the transcript and state on 
the record the fact of the waiver, illness, 
absence of the witness, or the refusal to 
sign, together with any reasons given for 
the failure to sign. 
(F) CERTIFICATION BY INVESTIGATOR.— 
The Agency investigator shall certify on the 
transcript that the witness was duly sworn by 
him or her and that the transcript is a true 
record of the testimony given by the witness, 
and the Agency investigator shall promptly de-
liver the transcript or send it by registered or 
certified mail to the custodian. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
104 
(G) COPY OF TRANSCRIPT.—The Agency 
investigator shall furnish a copy of the tran-
script (upon payment of reasonable charges for 
the transcript) to the witness only, except that 
the Agency may for good cause limit such wit-
ness to inspection of the official transcript of 
his testimony. 
(H) WITNESS FEES.—Any witness appear-
ing for the taking of oral testimony pursuant to 
a civil investigative demand shall be entitled to 
the same fees and mileage which are paid to 
witnesses in the district courts of the United 
States. 
(d) CONFIDENTIAL TREATMENT OF DEMAND MATE-
RIAL.— 
(1) IN GENERAL.—Documentary materials and 
tangible things received as a result of a civil inves-
tigative demand shall be subject to requirements and 
procedures regarding confidentiality, in accordance 
with rules established by the Agency. 
(2) DISCLOSURE TO CONGRESS.—No rule es-
tablished by the Agency regarding the confidentiality 
of materials submitted to, or otherwise obtained by, 
the Agency shall be intended to prevent disclosure to 
either House of Congress or to an appropriate com-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
105 
mittee of the Congress, except that the Agency is 
permitted to adopt rules allowing prior notice to any 
party that owns or otherwise provided the material 
to the Agency and had designated such material as 
confidential. 
(e) PETITION FOR ENFORCEMENT.— 
(1) IN GENERAL.—Whenever any person fails 
to comply with any civil investigative demand duly 
served upon him under this section, or whenever sat-
isfactory copying or reproduction of material re-
quested pursuant to the demand cannot be accom-
plished and such person refuses to surrender such 
material, the Agency, through such officers or attor-
neys as it may designate, may file, in the district 
court of the United States for any judicial district 
in which such person resides, is found, or transacts 
business, and serve upon such person, a petition for 
an order of such court for the enforcement of this 
section. 
(2) SERVICE OF PROCESS.—All process of any 
court to which application may be made as provided 
in this subsection may be served in any judicial dis-
trict. 
(f) PETITION FOR ORDER MODIFYING OR SETTING 
ASIDE DEMAND.— 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
106 
(1) IN GENERAL.—Not later than 20 days after 
the service of any civil investigative demand upon 
any person under subsection (c), or at any time be-
fore the return date specified in the demand, which-
ever period is shorter, or within such period exceed-
ing 20 days after service or in excess of such return 
date as may be prescribed in writing, subsequent to 
service, by any Agency investigator named in the de-
mand, such person may file with the Agency a peti-
tion for an order by the Agency modifying or setting 
aside the demand. 
(2) COMPLIANCE
DURING
PENDENCY.—The 
time permitted for compliance with the demand in 
whole or in part, as determined proper and ordered 
by the Agency, shall not run during the pendency of 
a petition under paragraph (1) at the Agency, except 
that such person shall comply with any portions of 
the demand not sought to be modified or set aside. 
(3) SPECIFIC
GROUNDS.—A petition under 
paragraph (1) shall specify each ground upon which 
the petitioner relies in seeking relief, and may be 
based upon any failure of the demand to comply 
with the provisions of this section, or upon any con-
stitutional or other legal right or privilege of such 
person. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
107 
(g) CUSTODIAL CONTROL.—At any time during 
which any custodian is in custody or control of any docu-
mentary material, tangible things, reports, answers to 
questions, or transcripts of oral testimony given by any 
person in compliance with any civil investigative demand, 
such person may file, in the district court of the United 
States for the judicial district within which the office of 
such custodian is situated, and serve upon such custodian, 
a petition for an order of such court requiring the per-
formance by such custodian of any duty imposed upon him 
by this section or rule promulgated by the Agency. 
(h) JURISDICTION OF COURT.— 
(1) IN
GENERAL.—Whenever any petition is 
filed in any district court of the United States under 
this section, such court shall have jurisdiction to 
hear and determine the matter so presented, and to 
enter such order or orders as may be required to 
carry out the provisions of this section. 
(2) APPEAL.—Any final order entered as de-
scribed in paragraph (1) shall be subject to appeal 
pursuant to section 1291 of title 28, United States 
Code. 
SEC. 403. HEARINGS AND ADJUDICATION PROCEEDINGS. 
(a) IN GENERAL.—The Agency is authorized to con-
duct hearings and adjudication proceedings with respect 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
108 
to any person in the manner prescribed by chapter 5 of 
title 5, United States Code, in order to ensure or enforce 
compliance with this Act and the rules prescribed under 
this Act. 
(b) SPECIAL RULES FOR CEASE-AND-DESIST PRO-
CEEDINGS.— 
(1) ORDERS AUTHORIZED.— 
(A) IN GENERAL.—If, in the opinion of the 
Agency, a person is engaging or has engaged in 
an act or omission that violates any provision of 
this Act or a rule or order prescribed under this 
Act, the Agency may issue and serve upon the 
person a notice of charges in respect thereof. 
(B) CONTENT
OF
NOTICE.—The notice 
under subparagraph (A) shall contain a state-
ment of the facts constituting the alleged viola-
tion, and shall fix a time and place at which a 
hearing will be held to determine whether an 
order to cease and desist should issue against 
the person, such hearing to be held not earlier 
than 30 days nor later than 60 days after the 
date of service of such notice, unless an earlier 
or a later date is set by the Agency, at the re-
quest of any person so served. 
VerDate Sep 11 2014 
22:27 Nov 14, 2019
Jkt 099200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
109 
(C) CONSENT.—Unless a person served 
under subparagraph (B) appears at the hearing 
personally or by a duly authorized representa-
tive, the person shall be deemed to have con-
sented to the issuance of the cease-and-desist 
order. 
(D) PROCEDURE.—In the event of consent 
under subparagraph (C), or if, upon the record 
made at any such hearing, the Agency finds 
that any violation specified in the notice of 
charges has been established, the Agency may 
issue and serve upon the person an order to 
cease and desist from the violation. Such order 
may, by provisions which may be mandatory or 
otherwise, require the person to cease and de-
sist from the subject act or omission, and to 
take affirmative action to correct the conditions 
resulting from any such violation. 
(2) EFFECTIVENESS OF ORDER.—A cease-and- 
desist order shall become effective at the expiration 
of 30 days after the date of service of the order 
under paragraph (1)(D) (except in the case of a 
cease-and-desist order issued upon consent, which 
shall become effective at the time specified therein), 
and shall remain effective and enforceable as pro-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
110 
vided therein, except to such extent as the order is 
stayed, modified, terminated, or set aside by action 
of the Agency or a reviewing court. 
(3) DECISION AND APPEAL.—Any hearing pro-
vided for in this subsection shall be held in the Fed-
eral judicial district or in the territory in which the 
residence or principal office or place of business of 
the person is located unless the person consents to 
another place, and shall be conducted in accordance 
with the provisions of chapter 5 of title 5, United 
States Code. After such hearing, and not later than 
90 days after the Agency has notified each party to 
the proceeding that the case has been submitted to 
the Agency for final decision, the Agency shall 
render its decision (which shall include findings of 
fact upon which its decision is predicated) and shall 
issue and serve upon each such party an order or or-
ders consistent with the provisions of this section. 
Judicial review of any such order shall be exclusively 
as provided in this subsection. Unless a petition for 
review is timely filed in a court of appeals of the 
United States, as provided in paragraph (4), and 
thereafter until the record in the proceeding has 
been filed as provided in paragraph (4), the Agency 
may at any time, upon such notice and in such man-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
111 
ner as the Agency shall determine proper, modify, 
terminate, or set aside any such order. Upon filing 
of the record as provided, the Agency may modify, 
terminate, or set aside any such order with permis-
sion of the court. 
(4) APPEAL
TO
COURT
OF
APPEALS.—Any 
party to any proceeding under this subsection may 
obtain a review of any order served pursuant to this 
subsection (other than an order issued with the con-
sent of the party) by filing in the court of appeals 
of the United States for the circuit in which the resi-
dence or principal office or place of business of the 
party is located, or in the United States Court of 
Appeals for the District of Columbia Circuit, within 
30 days after the date of service of such order, a 
written petition praying that the order of the Agency 
be modified, terminated, or set aside. A copy of such 
petition shall be forthwith transmitted by the clerk 
of the court to the Agency, and thereupon the Agen-
cy shall file in the court the record in the pro-
ceeding, as provided in section 2112 of title 28, 
United States Code. Upon the filing of such petition, 
such court shall have jurisdiction, which upon the 
filing of the record shall, except as provided in the 
last sentence of paragraph (3), be exclusive, to af-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
112 
firm, modify, terminate, or set aside, in whole or in 
part, the order of the Agency. Review of such pro-
ceedings shall be had as provided in chapter 7 of 
title 5, United States Code. The judgment and de-
cree of the court shall be final, except that the same 
shall be subject to review by the Supreme Court of 
the United States, upon certiorari, as provided in 
section 1254 of title 28, United States Code. 
(5) NO
STAY.—The commencement of pro-
ceedings for judicial review under paragraph (4) 
shall not, unless specifically ordered by the court, 
operate as a stay of any order issued by the Agency. 
(c) SPECIAL RULES FOR TEMPORARY CEASE-AND- 
DESIST PROCEEDINGS.— 
(1) IN GENERAL.—Whenever the Agency deter-
mines that the violation specified in the notice of 
charges served upon a person pursuant to subsection 
(b), or the continuation thereof, is likely to cause the 
person to be insolvent or otherwise prejudice the in-
terests of individuals before the completion of the 
proceedings conducted pursuant to subsection (b), 
the Agency may issue a temporary order requiring 
the person to cease and desist from any such viola-
tion and to take affirmative action to prevent or 
remedy such insolvency or other condition pending 
VerDate Sep 11 2014 
22:27 Nov 14, 2019
Jkt 099200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
113 
completion of such proceedings. Such order may in-
clude any requirement authorized under this title. 
Such order shall become effective upon service upon 
the person and, unless set aside, limited, or sus-
pended by a court in proceedings authorized by 
paragraph (2), shall remain effective and enforceable 
pending the completion of the administrative pro-
ceedings pursuant to such notice and until such time 
as the Agency shall dismiss the charges specified in 
such notice, or if a cease-and-desist order is issued 
against the person, until the effective date of such 
order. 
(2) APPEAL.—Not later than 10 days after a 
person has been served with a temporary cease-and- 
desist order, the person may apply to the United 
States district court for the judicial district in which 
the residence or principal office or place of business 
of the person is located, or the United States Dis-
trict Court for the District of Columbia, for an in-
junction setting aside, limiting, or suspending the 
enforcement, operation, or effectiveness of such 
order pending the completion of the administrative 
proceedings pursuant to the notice of charges served 
upon the person under subsection (b), and such 
court shall have jurisdiction to issue such injunction. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
114 
(d) SPECIAL RULES
FOR ENFORCEMENT
OF OR-
DERS.— 
(1) IN GENERAL.—The Agency may in its dis-
cretion apply to the United States district court 
within the jurisdiction of which the residence or 
principal office or place of business of a person is lo-
cated, for the enforcement of any effective and out-
standing order issued under this section against 
such person, and such court shall have jurisdiction 
and power to order and require compliance with 
such order. 
(2) EXCEPTION.—Except as otherwise provided 
in this section, no court shall have jurisdiction to af-
fect by injunction or otherwise the issuance or en-
forcement of any order or to review, modify, sus-
pend, terminate, or set aside any such order. 
(e) RULES.—The Agency shall prescribe rules estab-
lishing such procedures as may be necessary to carry out 
this section. 
SEC. 404. LITIGATION AUTHORITY. 
(a) IN GENERAL.—If a person violates any provision 
of this Act or a rule or order prescribed under this Act, 
the Agency may commence a civil action against such per-
son to impose a civil penalty or to seek all appropriate 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
115 
legal and equitable relief, including a permanent or tem-
porary injunction. 
(b) REPRESENTATION.—Except as provided in sub-
section (e), the Agency may act in its own name and 
through its own attorneys in any action, suit, or other 
court proceeding to which the Agency is a party. 
(c) COMPROMISE
OF ACTIONS.—The Agency may 
compromise or settle any action, suit, or other court pro-
ceeding to which the Agency is a party if such compromise 
is approved by the court. 
(d) NOTICE TO THE ATTORNEY GENERAL.— 
(1) IN
GENERAL.—When commencing a civil 
action under subsection (a), the Agency shall notify 
the Attorney General. 
(2) NOTICE AND COORDINATION.— 
(A) NOTICE OF OTHER ACTIONS.—In addi-
tion to any notice required under paragraph 
(1), the Agency shall notify the Attorney Gen-
eral concerning any action, suit, or other court 
proceeding to which the Agency is a party. 
(B) COORDINATION.—In order to avoid 
conflicts and promote consistency regarding liti-
gation of matters under Federal law, the Attor-
ney General and the Agency shall consult re-
garding the coordination of investigations and 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
116 
proceedings, including by negotiating an agree-
ment for coordination by not later than 180 
days after the effective date specified in section 
4(a). The agreement under this subparagraph 
shall include provisions to ensure that parallel 
investigations and proceedings involving this 
Act and the rules prescribed under this Act are 
conducted in a manner that avoids conflicts and 
does not impede the ability of the Attorney 
General to prosecute violations of Federal 
criminal laws. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to limit the 
authority of the Agency under this Act, includ-
ing the authority to interpret this Act. 
(e) APPEARANCE BEFORE THE SUPREME COURT.— 
The Agency may represent itself in its own name before 
the Supreme Court of the United States, if the Agency 
makes a written request to the Attorney General within 
the 10-day period which begins on the date of entry of 
the judgment which would permit any party to file a peti-
tion for writ of certiorari, and the Attorney General con-
curs with such request or fails to take action within 60 
days of the request of the Agency. 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
117 
(f) FORUM.—Any civil action brought under sub-
section (a) may be brought in an appropriate district court 
of the United States or an appropriate State court. 
(g) TIME FOR BRINGING ACTION.—Except as other-
wise permitted by law or equity, no action may be brought 
under subsection (a) more than 3 years after the date of 
discovery of the violation to which the action relates. 
SEC. 405. COORDINATION WITH OTHER FEDERAL AGEN-
CIES. 
(a) COORDINATION.—With respect to covered entities 
and service providers, to the extent that Federal law au-
thorizes the Agency and another Federal agency to enforce 
privacy laws, the other Federal agency shall coordinate 
with the Agency to promote consistent enforcement of this 
Act and other Federal privacy laws. 
(b) REFERRAL.—Any Federal agency authorized to 
enforce a Federal privacy law described in section 501 
may recommend in writing to the Agency that the Agency 
initiate an enforcement proceeding, as the Agency is au-
thorized by that Federal law or by this Act. 
(c) COORDINATION WITH
THE FEDERAL TRADE 
COMMISSION.— 
(1) IN GENERAL.—The Agency and the Federal 
Trade Commission shall negotiate an agreement for 
coordinating with respect to enforcement actions by 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
118 
each agency regarding the provision of a product or 
service offered by any covered entity. The agreement 
shall include procedures for notice to the other agen-
cy, where feasible, prior to initiating a civil action to 
enforce any Federal law regarding the privacy of in-
dividuals or security of personal information. 
(2) CIVIL
ACTIONS.—Whenever a civil action 
has been filed by, or on behalf of, the Agency or the 
Federal Trade Commission for any violation of any 
provision of Federal law described in paragraph (1), 
or any regulation prescribed under such provision of 
law— 
(A) the other agency may not, during the 
pendency of that action, institute a civil action 
under such provision of law against any defend-
ant named in the complaint in such pending ac-
tion for any violation alleged in the complaint; 
and 
(B) the Agency or the Federal Trade Com-
mission may intervene as a party in any such 
action brought by the other agency, and, upon 
intervening— 
(i) be heard on all matters arising in 
such enforcement action; and 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
119 
(ii) file petitions for appeal in such ac-
tions. 
(3) AGREEMENT
TERMS.—The terms of any 
agreement negotiated under paragraph (1) may 
modify or supersede the provisions of paragraph (2). 
(4) DEADLINE.—The agencies shall reach the 
agreement required under paragraph (1) not later 
than 6 months after the designated transfer date. 
SEC. 406. ENFORCEMENT BY STATES. 
(a) CIVIL ACTION.—In any case in which the attor-
ney general of a State has reason to believe that an inter-
est of the residents of such State has been or is adversely 
affected by any person who violates any provision of this 
Act or a rule or order prescribed under this Act, the attor-
ney general of the State, as parens patriae, may bring a 
civil action on behalf of the residents of the State in an 
appropriate State court or an appropriate district court 
of the United States— 
(1) to enjoin further violation of such provision 
by the defendant; 
(2) to compel compliance with such provision; 
or 
(3) to obtain relief under section 408. 
(b) RIGHTS OF AGENCY.—Before initiating a civil ac-
tion under subsection (a), the attorney general of a State 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
120 
shall notify the Agency in writing of such civil action. 
Upon receiving notice with respect to a civil action, the 
Agency may— 
(1) intervene in such action; and 
(2) upon intervening— 
(A) be heard on all matters arising in such 
civil action; and 
(B) file petitions for appeal of a decision in 
such action. 
(c) PREEMPTIVE ACTION BY AGENCY.—If the Agen-
cy institutes a civil action for violation of any provision 
of this Act or a rule or order prescribed under this Act, 
no attorney general of a State may bring a civil action 
against any defendant named in the complaint of the 
Agency for a violation of such provision that is alleged 
in such complaint. 
SEC. 407. PRIVATE RIGHTS OF ACTION. 
(a) INJUNCTIVE RELIEF.—A person who is aggrieved 
by a violation of this Act may bring a civil action for de-
claratory or injunctive relief in any court of competent ju-
risdiction in any State or in an appropriate district court. 
(b) CIVIL ACTION FOR DAMAGES.—Except for claims 
under rule 23 of the Federal Rules of Civil Procedure or 
a similar judicial procedure authorizing an action to be 
brought by 1 or more representatives, a person who is ag-
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
121 
grieved by a violation of this Act may bring a civil action 
for damages in any court of competent jurisdiction in any 
State or in an appropriate district court. 
(c) NONPROFIT COLLECTIVE REPRESENTATION.— 
An individual shall have the right to appoint a nonprofit 
body, organization, or association which has been properly 
constituted in accordance with the law, has statutory ob-
jectives which are in the public interest, and is active in 
the field of the protection of individual rights and free-
doms with regard to the protection of their personal data 
to lodge the complaint on his or her behalf, to exercise 
the rights referred to in this Act on his or her behalf. 
(1) A nonprofit may represent a class of ag-
grieved individuals. 
(2) A prevailing nonprofit shall receive reason-
able compensation for expenses, including attorneys 
fees. 
(3) Individuals shall receive an equally divided 
share of the total damages. 
(d) STATE APPOINTMENT.—A State may provide 
that any body, organization or association referred to in 
subsection (c), independently of an individual’s appoint-
ment, has the right to lodge, in that State, a complaint 
with the Agency and to exercise the rights referred to in 
VerDate Sep 11 2014 
22:27 Nov 14, 2019
Jkt 099200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
122 
this Act if it considers that the rights of an individual 
under this Act have been infringed. 
SEC. 408. RELIEF AVAILABLE. 
(a) CIVIL
ACTIONS
AND
ADJUDICATION
PRO-
CEEDINGS.— 
(1) JURISDICTION.—In any civil action or any 
adjudication proceeding brought by the Agency or 
the attorney general of a State, under any provision 
of this Act or a rule or order prescribed under this 
Act, the court or the Agency (as the case may be) 
shall have jurisdiction to grant any appropriate legal 
or equitable relief with respect to a violation of such 
provision. 
(2) RELIEF.—Relief under this section may in-
clude— 
(A) rescission or reformation of contracts; 
(B) refund of moneys; 
(C) restitution; 
(D) disgorgement or compensation for un-
just enrichment; 
(E) payment of damages or other mone-
tary relief; 
(F) public notification regarding the viola-
tion, including the costs of notification; 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS
123 
(G) limits on the activities or functions of 
the person; and 
(H) civil money penalties, as provided in 
subsection (c). 
(3) NO EXEMPLARY OR PUNITIVE DAMAGES.— 
Nothing in this subsection shall be construed as au-
thorizing the imposition of exemplary or punitive 
damages. 
(b) RECOVERY
OF
COSTS.—In any civil action 
brought by the Agency or the attorney general of a State 
under any provision of this Act or a rule or order pre-
scribed under this Act, the Agency or attorney general 
may recover its costs in connection with prosecuting such 
action if the Agency or attorney general is the prevailing 
party in the action. 
(c) CIVIL MONEY PENALTY IN COURT AND ADJU-
DICATION PROCEEDINGS.— 
(1) IN
GENERAL.—Any person who violates, 
through any act or omission, any provision of this 
Act or a rule or order prescribed under this Act 
shall forfeit and pay a civil penalty under this sub-
section. 
(2) PENALTY AMOUNT.— 
VerDate Sep 11 2014 
00:42 Nov 13, 2019
Jkt 099200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H4978.IH
H4978
pamtmann on DSKBC07HB2PROD with BILLS