Sec. 5. Implementation and enforcement
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/bill/114/hr/2092/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Commission shall enforce this Act and the regulations 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 privileges and immunities provided in the Federal Trade Commission Act, except as provided in paragraph (3).
Notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 ; 45(a)(2)), any jurisdictional limitation of the Commission with respect to nonprofit organizations shall not apply for purposes of this Act. Nothing in this Act may be construed in any way to limit or affect the Commission’s authority under any other provision of law. The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this Act. The Commission shall consult and cooperate with the Secretary of Education in implementing and enforcing this Act, including in promulgating any regulations to carry out this Act, in matters involving educational agencies or institutions.
Not later than 1 year after the effective date described in section 6, and annually thereafter, the Commission shall submit to Congress and make available on the Internet Web site of the Commission a report on the number, scope, and nature of the data breaches about which the Commission receives notice under section 3(b)(6). The Secretary of Education shall provide educational agencies or institutions with reasonable guidance and technical assistance with respect to preventing and responding to data breaches involving 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.
This Act does not annul, alter, or affect, or exempt any person subject to the 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.
Any reference in this Act to State law shall be considered also to refer to the law of a political subdivision of a State.
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