provisions under this Act, rules and orders issued 
pursuant this Act, and Federal privacy laws. 
(5) Liaising with communities and consumers 
impacted by practices regulated by this Act and the 
Agency, to ensure that their needs and views are ap-
propriately taken into account. 
(6) Providing annual reports to Congress on the 
efforts of the Agency to fulfill its civil rights man-
date. 
(7) Such additional powers and duties as the 
Director may determine are appropriate. 
SEC. 307. COMPLAINTS OF INDIVIDUALS. 
(a) IN GENERAL.—The Director shall establish a unit 
within the Agency the functions of which shall include es-
tablishing a single, toll-free telephone number, a website, 
and a database or utilizing an existing database to facili-
tate the centralized collection of, monitoring of, and re-
sponse to complaints of individuals regarding the privacy 
or security of personal information. The Director shall co-
ordinate with other Federal agencies with jurisdiction over 
Federal privacy laws to route complaints to such agencies, 
where appropriate. 
(b) ROUTING COMPLAINTS TO STATES.—To the ex-
tent practicable, State agencies (including State privacy 
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100 
regulators) may receive appropriate 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 303 of the matters 
regarding complaints of individuals required by subsection 
(a)(2)(D) of such section to be included in such reports, 
investigation and enforcement activities, and monitoring 
of the privacy and security of personal information, the 
Agency shall share information about complaints of indi-
viduals with Federal and State agencies (including State 
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privacy regulators) that have jurisdiction over the privacy 
or security of personal information and State attorneys 
general, subject to the standards applicable to Federal 
agencies for the protection of the confidentiality of per-
sonal information and for information 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 the protection of confidentiality of personal informa-
tion and for information security and integrity. 
(d) PUBLISHING OF COMPLAINTS.— 
(1) CONSENT REQUIRED.—In collecting a com-
plaint from an individual, the Agency shall request 
consent for publishing the complaint without any in-
formation identifying the individual. 
(2) PUBLIC
DATABASE.—The Agency shall 
make publicly available on its website a database of 
each complaint for which it has received consent to 
publish the complaint from an individual who pro-
vided the complaint to the Agency. 
(3) REDACTING
INFORMATION.—When nec-
essary, the Agency may redact information from a 
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published complaint to protect the privacy of the in-
dividual. 
SEC. 308. ADVISORY BOARDS. 
(a) ESTABLISHMENT.—The Director shall establish 
the following advisory boards 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 enti-
ties: 
(1) The User Advisory Board, which shall be 
comprised of experts in consumer protection, pri-
vacy, civil rights, and ethics. 
(2) The Research Advisory Board, which shall 
be comprised of individuals with academic and re-
search expertise in privacy, cybersecurity, computer 
science, innovation, design, ethics, economics, law, 
and public policy. 
(3) The Startup Advisory Board, which shall be 
comprised of representatives of small businesses and 
investors in small businesses. 
(4) The Product Advisory Board, which shall be 
comprised of technologists, computer scientists, de-
signers, product managers, attorneys, and other rep-
resentatives of covered entities. 
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(b) APPOINTMENTS.—The Director shall appoint 
members to the advisory boards established under sub-
section (a) without regard to party affiliation. 
(c) MEETINGS.—Each advisory board established 
under subsection (a) shall meet from time to time at the 
call of the Director, but, at a minimum, shall meet at least 
twice in each calendar year. 
(d) COMPENSATION AND TRAVEL EXPENSES.—Mem-
bers of the advisory boards established under subsection 
(a) 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 
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. 309. 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 2022, 2023, 2024, 2025, and 2026. 
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TITLE IV—ENFORCEMENT 
SEC. 401. 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 Federal agen-
cy, a State attorney general, or a State privacy regulator. 
(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 
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. 
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(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— 
(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. 
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(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 
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 
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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; 
(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-
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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 
(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. 
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(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 
(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. 
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(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-
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 
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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, 
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-
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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. 
(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 
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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. 
(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 
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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— 
(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— 
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(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-
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, 
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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 
such Agency investigator and that the tran-
script is a true record of the testimony given by 
the witness, and the Agency investigator shall 
promptly deliver the transcript or send it by 
registered or certified mail to the custodian. 
(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 
the testimony of such witness. 
(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. 
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(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-
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 such person under this section, or when-
ever satisfactory copying or reproduction of material 
requested pursuant to the demand cannot be accom-
plished and such person refuses to surrender such 
material, the Agency, through such officers or attor-
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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.— 
(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 
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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. 
(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 
such custodian by this section or rule promulgated by the 
Agency. 
(h) JURISDICTION OF COURT.— 
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(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. 402. HEARINGS AND ADJUDICATION PROCEEDINGS. 
(a) IN GENERAL.—The Agency is authorized to con-
duct hearings and adjudication proceedings with respect 
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 
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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. 
(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 
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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-
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 
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123 
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-
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 
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124 
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-
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. 
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125 
(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 
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. 
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(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. 
(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. 
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127 
(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. 403. 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 
legal and equitable relief, including a permanent or tem-
porary injunction as permitted by law. 
(b) REPRESENTATION.—Except as provided in sub-
section (e), the Agency may act in its own name and 
through its own attorneys enforcing any provision of this 
Act or rules or orders issued pursuant to this Act or 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. 
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128 
(d) NOTICE TO THE ATTORNEY GENERAL OF THE 
UNITED STATES.— 
(1) IN
GENERAL.—When commencing a civil 
action under this Act or regulations or rules or or-
ders issued pursuant to this Act, 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 
proceedings, including by negotiating an agree-
ment for coordination not later than 180 days 
after the effective date of this Act. The agree-
ment 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 im-
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129 
pede 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. 
(f) FORUM.—Any civil action brought under this Act 
or regulations or rules or orders issued pursuant to this 
Act 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 this Act more than 3 years after the date of dis-
covery of the violation to which the action relates. 
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130 
SEC. 404. ENFORCEMENT BY STATES. 
(a) CIVIL ACTION.—In any case in which a State at-
torney general or a State privacy regulator has reason to 
believe that an interest of the residents of a 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 State attorney general or State privacy regu-
lator, 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 to— 
(1) enjoin further violation of such provision by 
the defendant; 
(2) compel compliance with such provision; or 
(3) obtain relief under section 406. 
(b) RIGHTS OF AGENCY.—Before initiating a civil ac-
tion under subsection (a), the State attorney general or 
State privacy regulator, as the case may be, 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. 
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131 
(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 State attorney general or State privacy regulator 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. 405. 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-
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 
organization (as described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 and exempt from taxation 
under section 501(a) of such Code) which has been prop-
erly constituted in accordance with the law, has statutory 
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132 
objectives 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 privacy and informa-
tion security to lodge the complaint on behalf of such indi-
vidual to exercise the rights referred to in this Act on be-
half of such individual. 
(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), independent 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 
this Act if it considers that the rights of an individual 
under this Act have been infringed. 
SEC. 406. RELIEF AVAILABLE. 
(a) CIVIL
ACTIONS
AND
ADJUDICATION
PRO-
CEEDINGS.— 
(1) JURISDICTION.—In any civil action or any 
adjudication proceeding brought by the Agency, a 
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133 
State attorney general, or State privacy regulator 
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; 
(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. 
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134 
(b) RECOVERY
OF
COSTS.—In any civil action 
brought by the Agency, State attorney general, or State 
privacy regulator under any provision of this Act or a rule 
or order prescribed under this Act, the Agency, State at-
torney general, or State privacy regulator may recover its 
costs in connection with prosecuting such action if the 
Agency or State attorney general is the prevailing party 
in the action. 
(c) CIVIL MONEY PENALTY IN COURT AND ADMINIS-
TRATIVE ACTIONS.— 
(1) IN
GENERAL.—Any person who violates, 
through any act or omission, any provision of this 
Act or a rule or order issued pursuant to this Act 
shall forfeit and pay a civil penalty under this sub-
section. 
(2) PENALTY AMOUNT.— 
(A) IN GENERAL.—The amount of a civil 
penalty under this subsection may not exceed, 
for each violation, the product of— 
(i) the maximum civil penalty for 
which a person, partnership, or corporation 
may be liable under section 5(m)(1)(A) of 
the Federal Trade Commission Act (15 
U.S.C. 45(m)(1)(A)) for a violation of a 
rule under such Act respecting unfair or 
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deceptive acts or practices, as adjusted 
under the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (28 U.S.C. 2461 
note); and 
(ii) the number of individuals whose 
personal information is affected by the vio-
lation. 
(B) CONTINUING
VIOLATIONS.—In the 
case of a violation through continuing failure to 
comply with a provision of this Act or a rule or 
order prescribed under this Act, each day of 
continuance of such failure shall be treated as 
a separate violation for purposes of subpara-
graph (A). 
(3) MITIGATING FACTORS.—In determining the 
amount of any penalty assessed under paragraph 
(2), the court or the Agency shall take into account 
the appropriateness of the penalty with respect to— 
(A) the size of financial resources and good 
faith of the person charged; 
(B) the gravity of the violation; 
(C) the severity of the privacy harms (in-
cluding both actual and potential harms) to in-
dividuals; 
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136 
(D) any disparate impact of the privacy 
harms (including both actual and potential 
harms) on protected classes; 
(E) the history of previous violations; and 
(F) such other matters as justice may re-
quire. 
(4) AUTHORITY
TO
MODIFY
OR
REMIT
PEN-
ALTY.—The Agency, State attorney general, or State 
privacy regulator may compromise, modify, or remit 
any penalty which may be assessed or has already 
been assessed under paragraph (2). The amount of 
such penalty, when finally determined, shall be ex-
clusive of any sums owed by the person to the 
United States in connection with the costs of the 
proceeding, and may be deducted from any sums 
owing by the United States to the person charged. 
(5) NOTICE AND HEARING.—No civil penalty 
may be assessed under this subsection with respect 
to a violation of any provision of this Act or a rule 
or order issued pursuant to this Act, unless— 
(A) the Agency, State attorney general, or 
State privacy regulator gives notice and an op-
portunity for a hearing to the person accused of 
the violation; or 
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137 
(B) the appropriate court has ordered such 
assessment and entered judgment in favor of 
the Agency, State attorney general, or State 
privacy regulator. 
SEC. 407. REFERRAL FOR CRIMINAL PROCEEDINGS. 
If the Agency obtains evidence that any person, do-
mestic or foreign, has engaged in conduct that may con-
stitute a violation of Federal criminal law, the Agency 
shall transmit such evidence to the Attorney General of 
the United States, who may institute criminal proceedings 
under appropriate law. Nothing in this section affects any 
other authority of the Agency to disclose information. 
SEC. 408. WHISTLEBLOWER ENFORCEMENT. 
(a) IN GENERAL.—Any person who becomes aware, 
based on nonpublic information, that a covered entity has 
violated this Act may file a civil action for civil penalties, 
if prior to filing such action, the person files with the Di-
rector a written request for the Director to commence the 
action. The request shall include a clear and concise state-
ment of the grounds for believing a cause of action exists. 
The person shall make the nonpublic information available 
to the Director upon request: 
(1) If the Director files suit within 90 days 
from receipt of the written request to commence the 
action, no other action may be brought unless the 
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138 
action brought by the Director is dismissed without 
prejudice. 
(2) If the Director does not file suit within 90 
days from receipt of the written request to com-
mence the action, the person requesting the action 
may proceed to file a civil action. 
(3) The time period within which a civil action 
shall be commenced shall be tolled from the date of 
receipt by the Director of the written request to ei-
ther the date that the civil action is dismissed with-
out prejudice, or for 150 days, whichever is later, 
but only for a civil action brought by the person who 
requested the Director to commence the action. 
(b) ALLOCATION OF CIVIL PENALTIES.—If a judg-
ment is entered against the defendant or defendants in 
an action brought pursuant to this section, or the matter 
is settled, amounts received as civil penalties or pursuant 
to a settlement of the action shall be allocated as follows: 
(1) If the action was brought by the Director 
upon a request made by a person pursuant to sub-
section (a), the person who made the request shall 
be entitled to 15 percent of the civil penalties. 
(2) If the action was brought by the person who 
made the request pursuant to subsection (a), that 
person shall receive an amount the court determines 
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139 
is reasonable for collecting the civil penalties on be-
half of the government. The amount shall be not less 
than 25 percent and not more than 50 percent of 
the proceeds of the action and shall be paid out of 
the proceeds. 
TITLE V—RELATION TO OTHER 
LAW 
SEC. 501. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act shall apply beginning on 
the date that is 1 year after the date of the enactment 
of this Act. 
(b) AUTHORITY TO PROMULGATE REGULATIONS AND 
TAKE CERTAIN OTHER ACTIONS.—Nothing in subsection 
(a) affects the authority of the Agency to take an action 
expressly required by a provision of this Act to be taken 
before the effective date described in such subsection. 
SEC. 502. RELATION TO OTHER FEDERAL LAW. 
Nothing in this Act shall be construed to modify, 
limit, or supersede the operation of any privacy or security 
provision in the following: 
(1) Section 552a of title 5, United States Code 
(commonly known as the ‘‘Privacy Act of 1974’’). 
(2) The Right to Financial Privacy Act of 1978 
(12 U.S.C. 3401 et seq.). 
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140 
(3) The Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.). 
(4) The Fair Debt Collection Practices Act (15 
U.S.C. 1692 et seq.). 
(5) The Children’s Online Privacy Protection 
Act of 1998 (15 U.S.C. 6501 et seq.). 
(6) Title V of the Gramm-Leach-Bliley Act (15 
U.S.C. 6801 et seq.). 
(7) Chapter 119, 123, or 206 of title 18, 
United States Code. 
(8) Section 444 of the General Education Pro-
visions Act (20 U.S.C. 1232g) (commonly known as 
the ‘‘Family Educational Rights and Privacy Act of 
1974’’). 
(9) Section 445 of the General Education Pro-
visions Act (20 U.S.C. 1232h). 
(10) The Privacy Protection Act of 1980 (42 
U.S.C. 2000aa et seq.). 
(11) The regulations promulgated under section 
264(c) of the Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d–2 note), 
as those regulations relate to— 
(A) a person described in section 1172(a) 
of the Social Security Act (42 U.S.C. 1320d– 
1(a)); or 
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141 
(B) transactions referred to in section 
1173(a)(1) of the Social Security Act (42 
U.S.C. 1320d–2(a)(1)). 
(12) The Communications Assistance for Law 
Enforcement Act (47 U.S.C. 1001 et seq.). 
(13) Section 222, 227, 338, or 631 of the Com-
munications Act of 1934 (47 U.S.C. 222, 227, 338, 
or 551). 
(14) The E-Government Act of 2002 (44 
U.S.C. 101 et seq.). 
(15) The Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). 
(16) The Federal Information Security Manage-
ment Act of 2002 (44 U.S.C. 3541 et seq.). 
(17) The Currency and Foreign Transactions 
Reporting Act of 1970, as amended (commonly 
known as the ‘‘Bank Secrecy Act’’) (12 U.S.C. 
1829b and 1951–1959, 31 U.S.C. 5311–5314 and 
5316–5332), including the International Money 
Laundering Abatement and Financial Anti-Ter-
rorism Act of 2001, title III of Public Law 107–56, 
as amended. 
(18) The National Security Act of 1947 (50 
U.S.C. 3001 et seq.). 
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(19) The Foreign Intelligence Surveillance Act 
of 1978, as amended (50 U.S.C. 1801 et seq.). 
(20) The Civil Rights Act of 1964 (Public Law 
88–352, 78 Stat. 241). 
(21) The Americans with Disabilities Act (42 
U.S.C. 12101 et seq.). 
(22) The Fair Housing Act (42 U.S.C. 3601 et 
seq.). 
(23) The Consumer Financial Protection Act of 
2010 (12 U.S.C. 5481 et seq.). 
(24) The Equal Credit Opportunity Act (15 
U.S.C. 1691 et seq.). 
(25) The Age Discrimination in Employment 
Act (29 U.S.C. 621 et seq.). 
(26) The Genetic Information Nondiscrimina-
tion Act (Public Law 110–233, 122 Stat. 881). 
(27) Subpart A of part 46 of title 45, Code of 
Federal Regulations (commonly known as the ‘‘Com-
mon Rule’’). 
(28) The Driver’s Privacy Protection Act of 
1994 (18 U.S.C. 2721 et seq.). 
(29) The Video Privacy Protection Act (18 
U.S.C. 2710 et seq.). 
(30) Chapters 61, 68, 75, and 76 of the Inter-
nal Revenue Code of 1986. 
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(31) Section 1106 of the Social Security Act 
(42 U.S.C. 1306). 
(32) The Stored Communications Act (18 
U.S.C. 2701 et seq.). 
(33) Any other privacy or information security 
provision of Federal law. 
SEC. 503. SEVERABILITY. 
If any provision of this Act or the amendments made 
by this Act, or the application thereof, is held unconstitu-
tional or otherwise invalid, the validity of the remainder 
of the Act, the amendments, and the application of such 
provision shall not be affected thereby. 
Æ 
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