Sec. 401. Enforcement by the Federal Trade Commission
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The Commission shall establish within the Commission a new bureau, the Bureau of Privacy, which shall be comparable in structure, size, organization, and authority to the existing Bureaus within the Commission related to consumer protection and competition. The mission of the bureau established under this subsection shall be to assist the Commission in exercising the Commission’s authority under this Act and related authorities. The bureau shall be established, staffed, and fully operational not later than 1 year after the date of enactment of this Act. The Director of the Bureau established under subsection
(a)shall establish within the Bureau an Office of Business Mentorship to provide guidance and education to covered entities regarding compliance with this Act. Covered entities may request advice from the Commission or this office with respect to a course of action which the covered entity proposes to pursue and which may relate to the requirements of this Act. A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). Except as provided in paragraphs (3), (4), and (5), 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. Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). If the Commission brings a civil action under this Act alleging that an act or practice violates this Act or a regulation promulgated under this Act, the Commission may not seek a cease and desist order against the same defendant under section 5(b) of the Federal Trade Commission Act ( 15 U.S.C. 45(b) ) to stop that same act or practice on the grounds that such act or practice constitutes an unfair or deceptive act or practice. Notwithstanding any jurisdictional limitation of the Commission with respect to consumer protection or privacy, the Commission shall enforce this Act and the regulations promulgated under this Act, in the same manner provided in subsections (1), (2), (3), and
(5)of this subsection, with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and All Acts amendatory thereof and supplementary thereto; and organizations not organized to carry on business for their own profit or that of their members. There is established in the Treasury of the United States a separate fund to be known as the Privacy and Security Victims Relief Fund (referred to in this paragraph as the Victims Relief Fund ). The amount of any civil penalty obtained against any covered entity or service provider or any other relief ordered to provide redress, payments or compensation, or other monetary relief to individuals that cannot be located or the payment of which would otherwise not be practicable in any judicial or administrative action to enforce this Act or a regulation promulgated under this Act shall be deposited into the Victims Relief Fund. Notwithstanding section 3302 of title 31, United States Code, amounts in the Victims Relief Fund shall be available to the Commission, without fiscal year limitation, to provide redress, payments or compensation, or other monetary relief to individuals affected by an act or practice for which relief has been obtained under this Act. To the extent that individuals cannot be located or such redress, payments or compensation, or other monetary relief are otherwise not practicable, the Commission may use such funds for the purpose of— funding the activities of the Office of Business Mentorship established under subsection (b); or engaging in technological research that the Commission considers necessary to enforce or administer this Act.
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