140 
(S) 
Laws 
pertaining 
to 
the 
use 
of 
encryption as a means of providing data secu-
rity. 
(3) 
CPPA 
ENFORCEMENT.—Notwithstanding 
any other provisions of law, the California Privacy 
Protection Agency established under 1798.199.10(a) of 
the California Privacy Rights Act may enforce this 
Act, in the same manner, it would otherwise enforce 
the California Consumer Privacy Act, Section 
1798.1050 et. seq. 
(4) NONAPPLICATION OF FCC PRIVACY LAWS AND 
REGULATIONS TO CERTAIN COVERED ENTITIES.—Not-
withstanding any other provision of law, sections 222, 
338(i), and 631 of the Communications Act of 1934 
(47 U.S.C. 222; 338(i); 551), and any regulations 
and orders promulgated by the Federal Communica-
tions Commission under any such section, do not 
apply to any covered entity with respect to the collec-
tion, processing, transfer, or security of covered data 
or its equivalent, and the related privacy and data se-
curity activities of a covered entity that would other-
wise be regulated under such sections shall be gov-
erned exclusively by the provisions of this Act, except 
for— 
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141 
(A) any emergency services, as defined in 
section 7 of the Wireless Communications and 
Public Safety Act of 1999 (47 U.S.C. 615b); 
(B) subsections (b) and (g) of section 222 of 
the Communications Act of 1934 (47 U.S.C. 
222); and 
(C) any obligation of an international trea-
ty related to the exchange of traffic implemented 
and enforced by the Federal Communications 
Commission. 
(c) PRESERVATION OF COMMON LAW OR STATUTORY 
CAUSES OF ACTION FOR CIVIL RELIEF.—Nothing in this 
Act, nor any amendment, standard, rule, requirement, as-
sessment, or regulation promulgated under this Act, may 
be construed to preempt, displace, or supplant any Federal 
or State common law rights or remedies, or any statute cre-
ating a remedy for civil relief, including any cause of action 
for personal injury, wrongful death, property damage, or 
other financial, physical, reputational, or psychological in-
jury based in negligence, strict liability, products liability, 
failure to warn, an objectively offensive intrusion into the 
private affairs or concerns of the individual, or any other 
legal theory of liability under any Federal or State common 
law, or any State statutory law. 
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SEC. 405. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of this Act, and the application of such provision to 
other persons not similarly situated or to other cir-
cumstances, shall not be affected by the invalidation. 
SEC. 406. COPPA. 
(a) IN GENERAL.—Nothing in this Act may be con-
strued to relieve or change any obligation that a covered 
entity or other person may have under the Children’s On-
line Privacy Protection Act of 1998 (15 U.S.C. 6501 et 
seq.). 
(b) UPDATED REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Commission shall 
amend its rules issued pursuant to the regulations promul-
gated by the Commission under the Children’s Online Pri-
vacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) to 
make reference to the additional requirements placed on 
covered entities under this Act, in addition to the require-
ments under the Children’s Online Privacy Protection Act 
of 1998 that may already apply to certain covered entities. 
SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Com-
mission such sums as may be necessary to carry out this 
Act. 
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SEC. 408. EFFECTIVE DATE. 
This Act shall take effect on the date that is 180 days 
after the date of enactment of this Act. 
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Union Calendar No. 488 
117TH CONGRESS 
2D SESSION 
H. R. 8152 
[Report No. 117–669] 
A BILL 
To provide consumers with foundational data pri-
vacy rights, create strong oversight mechanisms, 
and establish meaningful enforcement. 
DECEMBER 30, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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