Sec. 401. Enforcement by the Federal Trade Commission
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The Commission shall establish within the Commission a new bureau to be known as the Bureau of Privacy , which shall be of similar structure, size, organization, and authority as the existing bureaus within the Commission related to consumer protection and competition. The mission of the Bureau established under paragraph
(1)shall be to assist the Commission in carrying out the duties of the Commission under this Act and related duties under other provisions of law. The Bureau required to be established under paragraph
(1)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)(1) shall establish within the Bureau an office to be known as the Office of Business Mentorship to provide guidance and education to covered entities and service providers regarding compliance with this Act. Covered entities or service providers may request advice from the Commission or the Office with respect to a course of action that the covered entity or service provider proposes to pursue and that 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 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 paragraphs (1), (2), (3), and (5), 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 in this paragraph referred to as the Victims Relief Fund ). Notwithstanding section 3302 of title 31, United States Code, in any judicial or administrative action to enforce this Act or a regulation promulgated under this Act, the amount of any civil penalty obtained against a covered entity or service provider, or any other monetary relief ordered to be paid by a covered entity or service provider to provide redress, payment, compensation, or other relief to individuals that cannot be located or the payment of which would otherwise not be practicable, shall be deposited into the Victims Relief Fund. Amounts in the Victims Relief Fund shall be available to the Commission, without fiscal year limitation, to provide redress, payment, 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 the individuals described in clause
(i)cannot be located or such redress, payments, 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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