Sec. 405. Coordination with other Federal agencies
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/bill/116/hr/4978/ih/section-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With respect to covered entities and service providers, to the extent that Federal law authorizes the Agency and another Federal agency to enforce privacy laws, the other Federal agency shall coordinate with the Agency to promote consistent enforcement of this Act and other Federal privacy laws. Any Federal agency authorized to enforce a Federal privacy law described in section 501 may recommend in writing to the Agency that the Agency initiate an enforcement proceeding, as the Agency is authorized by that Federal law or by this Act.
The Agency and the Federal Trade Commission shall negotiate an agreement for coordinating with respect to enforcement actions by each agency regarding the provision of a product or service offered by any covered entity. The agreement shall include procedures for notice to the other agency, where feasible, prior to initiating a civil action to enforce any Federal law regarding the privacy of individuals or security of personal information. Whenever a civil action has been filed by, or on behalf of, the Agency or the Federal Trade Commission for any violation of any provision of Federal law described in paragraph (1), or any regulation prescribed under such provision of law— the other agency may not, during the pendency of that action, institute a civil action under such provision of law against any defendant named in the complaint in such pending action for any violation alleged in the complaint; and the Agency or the Federal Trade Commission may intervene as a party in any such action brought by the other agency, and, upon intervening— be heard on all matters arising in such enforcement action; and file petitions for appeal in such actions.
The terms of any agreement negotiated under paragraph
(1)may modify or supersede the provisions of paragraph (2). The agencies shall reach the agreement required under paragraph
(1)not later than 6 months after the designated transfer date.