Science, and Related Agencies of the Committee on Appro-
priations of the Senate, the Committee on Science, Space, 
and Technology of the House of Representatives, and the 
Subcommittee on Commerce, Justice, Science, and Re-
lated Agencies of the Committee on Appropriations of the 
House of Representatives, a report containing— 
(1) the progress of research on privacy enhanc-
ing technologies; 
(2) the progress of the development of vol-
untary 
resources 
described 
under 
subsection 
(c)(2)(B); and 
(3) any policy recommendations of the Direc-
tors that could facilitate and improve communication 
and coordination between the private sector, the Na-
tional Science Foundation, and relevant Federal 
agencies through the implementation of privacy en-
hancing technologies. 
SEC. 9. ENFORCEMENT. 
(a) ENFORCEMENT BY THE COMMISSION.— 
(1) IN GENERAL.—This Act and the regulations 
prescribed under this Act, other than the provisions 
of and amendments made by section 8, shall be en-
forced by the Commission under the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
(2) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pre-
scribed under this Act shall be treated as a violation 
of a rule defining an unfair or deceptive act or prac-
tice prescribed under section 18(a)(1)(B) of the Fed-
eral 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)). 
(3) ACTIONS BY THE COMMISSION.—Subject to 
paragraph (4), the Commission shall prevent any 
person from violating this Act or a regulation pre-
scribed under this Act in the same manner, by the 
same means, and with the same jurisdiction, powers, 
and duties as though all applicable terms and provi-
sions of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) were incorporated into and made 
a part of this Act, and any person who violates this 
Act or such regulation shall be subject to the pen-
alties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act (15 
U.S.C. 41 et seq.). 
(4) COMMON CARRIERS.—Notwithstanding sec-
tion 4, 5(a)(2), or 6 of the Federal Trade Commis-
sion Act (15 U.S.C. 44, 45(a)(2), and 46) or any ju-
risdictional limitation of the Commission, the Com-
mission shall also enforce this Act, in the same man-
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
ner provided in paragraphs (1), (2), and (3) with re-
spect to common carriers subject to the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.) and Acts 
amendatory thereof and supplementary thereto. 
(b) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) IN GENERAL.— 
(A) CIVIL ACTIONS.—In any case in which 
the attorney general of a State has reason to 
believe that an interest of the residents of that 
State has been or is threatened or adversely af-
fected by the engagement of any person in a 
practice that violates this Act or a regulation 
prescribed under this Act, the State, as parens 
patriae, may bring a civil action on behalf of 
the residents of the State in a district court of 
the United States of appropriate jurisdiction 
to— 
(i) enjoin that practice; 
(ii) enforce compliance with this Act 
or such regulation; 
(iii) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State; 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
(iv) impose a civil penalty in an 
amount that is not greater than the prod-
uct of the number of individuals whose in-
formation was affected by a violation and 
$40,000; or 
(v) obtain such other relief as the 
court may consider to be appropriate. 
(B) ADJUSTMENT
FOR
INFLATION.—Be-
ginning on the date that the Consumer Price 
Index is first published by the Bureau of Labor 
Statistics that is after 1 year after the date of 
enactment of this Act, and each year thereafter, 
the amounts specified in subparagraph (A)(iv) 
shall be increased by the percentage increase in 
the Consumer Price Index published on that 
date from the Consumer Price Index published 
the previous year. 
(C) NOTICE.— 
(i) IN GENERAL.—Before filing an ac-
tion under subparagraph (A), the attorney 
general of the State involved shall provide 
to the Commission— 
(I) written notice of that action; 
and 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
(II) a copy of the complaint for 
that action. 
(ii) EXEMPTION.— 
(I) IN
GENERAL.—Clause (i) 
shall not apply with respect to the fil-
ing of an action by an attorney gen-
eral of a State under this paragraph 
if the attorney general determines 
that it is not feasible to provide the 
notice described in that clause before 
the filing of the action. 
(II) NOTIFICATION.—In an ac-
tion described in subclause (I), the at-
torney general of a State shall provide 
notice and a copy of the complaint to 
the Commission at the same time as 
the attorney general files the action. 
(c) RIGHTS OF THE COMMISSION.— 
(1) INTERVENTION BY THE COMMISSION.—The 
Commission may intervene in any civil action 
brought by the attorney general of a State under 
subsection (b) and upon intervening— 
(A) be heard on all matters arising in the 
civil action; and 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
(B) file petitions for appeal of a decision in 
the civil action. 
(2) POWERS.—Nothing in this subsection may 
be construed to prevent the attorney general of a 
State from exercising the powers conferred on the 
attorney general by the laws of the State to conduct 
investigations, to administer oaths or affirmations, 
or to compel the attendance of witnesses or the pro-
duction of documentary or other evidence. 
(3) ACTION BY THE COMMISSION.—If the Com-
mission institutes a civil action for violation of this 
title or a regulation promulgated under this title, no 
attorney general of a State may bring a civil action 
under subsection (b) against any defendant named 
in the complaint of the Commission for violation of 
this Act or a regulation promulgated under this Act 
that is alleged in the complaint. 
(d) VENUE AND SERVICE OF PROCESS.— 
(1) VENUE.—Any action brought under sub-
section (b) may be brought in— 
(A) the district court of the United States 
that meets applicable requirements relating to 
venue under section 1391 of title 28, United 
States Code; or 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
(B) another court of competent jurisdic-
tion. 
(2) SERVICE
OF
PROCESS.—In an action 
brought under subsection (b), process may be served 
in any district in which the defendant— 
(A) is an inhabitant; or 
(B) may be found. 
(e) ACTION OF OTHER STATE OFFICIALS.— 
(1) IN GENERAL.—In addition to civil actions 
brought by attorneys general under subsection (b), 
any other officer of a State who is authorized by the 
State to do so may bring a civil action under sub-
section (b), subject to the same requirements and 
limitations that apply under this subsection to civil 
actions brought by attorneys general. 
(2) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to prohibit an authorized 
official of a State from initiating or continuing any 
proceeding in a court of the State for a violation of 
any civil or criminal law of the State. 
(f) PRESERVATION OF AUTHORITY.—Nothing in this 
Act shall be construed to limit the authority of the Federal 
Trade Commission under any other provision of law. 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 10. ADDITIONAL ENFORCEMENT RESOURCES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law the Commission may, without regard to the 
civil service laws (including regulations), appoint not more 
than 300 additional personnel for the purposes of enforc-
ing privacy and data security laws and regulations. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commission such 
sums as may be necessary to carry out this section. 
Æ 
VerDate Sep 11 2014 
22:34 Nov 04, 2021
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6301
E:\BILLS\H5807.IH
H5807
pamtmann on DSKBC07HB2PROD with BILLS