promulgated under this Act in the same manner, by 
the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act, and any person who violates 
this Act or a regulation promulgated under this Act 
shall be subject to the penalties entitled to the privi-
leges and immunities provided in the Federal Trade 
Commission Act, except as provided in paragraph 
(3). 
(3) ENFORCEMENT
WITH
RESPECT
TO
NON- 
PROFIT ORGANIZATIONS.—Notwithstanding sections 
4 and 5(a)(2) of the Federal Trade Commission Act 
(15 U.S.C. 44; 45(a)(2)), any jurisdictional limita-
tion of the Commission with respect to nonprofit or-
ganizations shall not apply for purposes of this Act. 
(b) PRESERVATION OF COMMISSION AUTHORITY.— 
Nothing in this Act may be construed in any way to limit 
or affect the Commission’s authority under any other pro-
vision of law. 
(c) REGULATIONS.—The Commission may promul-
gate regulations under section 553 of title 5, United 
States Code, to carry out this Act. 
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(d) CONSULTATION AND COOPERATION WITH SEC-
RETARY OF EDUCATION.—The Commission shall consult 
and cooperate with the Secretary of Education in imple-
menting and enforcing this Act, including in promulgating 
any regulations to carry out this Act, in matters involving 
educational agencies or institutions. 
(e) REPORT BY COMMISSION.—Not later than 1 year 
after the effective date described in section 6, and annu-
ally thereafter, the Commission shall submit to Congress 
and make available on the Internet Web site of the Com-
mission a report on the number, scope, and nature of the 
data breaches about which the Commission receives notice 
under section 3(b)(6). 
(f) GUIDANCE AND TECHNICAL ASSISTANCE FROM 
SECRETARY
OF EDUCATION.—The Secretary of Edu-
cation shall provide educational agencies or institutions 
with reasonable guidance and technical assistance with re-
spect to preventing and responding to data breaches in-
volving unauthorized acquisition of or access to personally 
identifiable information that occur on a school service, in 
compliance with any obligations imposed by Federal or 
State law. 
(g) RELATIONSHIP TO STATE LAW.— 
(1) IN
GENERAL.—This Act does not annul, 
alter, or affect, or exempt any person subject to the 
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provisions of this Act from complying with, the laws 
of any State with respect to the treatment of covered 
information by operators of school services, except to 
the extent that such laws are inconsistent with any 
provision of this Act, and then only to the extent of 
the inconsistency. For purposes of this paragraph, a 
law of a State is not inconsistent with this Act if the 
protection such law affords any user of a school 
service is greater than the protection provided by 
this Act. 
(2) RULE OF CONSTRUCTION.—Any reference 
in this Act to State law shall be considered also to 
refer to the law of a political subdivision of a State. 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect on the date that is 18 
months after the date of the enactment of this Act. 
Æ 
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