Sec. 5. Administration and applicability of Act

463 words·~2 min read·/bill/118/hr/2801/ih/section-5

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Section 1306(d) of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505(d) ) is amended to read as follows: Except as provided in paragraphs

(2)and (3), the Commission shall prevent any person from violating section 1303 or a regulation promulgated under such section 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 title, and any person who violates such section or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title. In the case of a civil penalty under subsection

(l)or

(m)of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to acts or practices in violation of section 1303 or a regulation promulgated under such section, the maximum dollar amount per violation shall be $63,795. Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 ; 45(a)(2); 46) or any other jurisdictional limitation of the Commission, the Commission shall also enforce section 1303 or a regulation promulgated under such section in the same manner as otherwise provided in this title with respect to— any organization not organized to carry on business for its own profit or that of its members; and any common carrier subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and all Acts amendatory thereof and supplementary thereto. . Section 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— in subsection (b)— in paragraph (1), by striking , in the case of and all that follows and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( ; 12 U.S.C. 1813 )); in paragraph (6), by striking Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association and inserting Farm Credit Bank, Agricultural Credit Bank (to the extent exercising the authorities of a Farm Credit Bank), Federal Land Credit Association, or agricultural credit association ; and by striking paragraph

(2)and redesignating paragraphs

(3)through

(6)as paragraphs

(2)through (5), respectively; and in subsection (c), by striking subsection

(a)each place it appears and inserting subsection

(b).

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U.S. Code