Sec. 115. Enforcement by Federal Trade Commission
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Subject to the availability of appropriations, the Commission shall establish, within the Commission, a new bureau 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 authority of the Commission under this title and related authorities. In staffing the bureau established under this subsection, the Commission shall ensure the allocation of full time employees or full time employee equivalents that include attorneys, economists, investigators, technologists, and mental health professionals with experience in the well-being of children and teens.
For the purposes of this paragraph, the term technologist means an individual with training and expertise with respect to technology, including state-of-the art information technology, network or data security, hardware or software development, privacy-enhancing technologies, cryptography, computer science, data science, advertising technology, web tracking, machine learning, and other related fields and applications. The bureau established under this subsection shall be established, staffed, and fully operational not later than 180 days after the date of the enactment of this Act.
A violation of this title or a regulation promulgated under this title 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 paragraph
(3)or otherwise provided in this title, the Commission shall enforce this title and the regulations promulgated under this title 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. Any entity that violates this title or a regulation promulgated under this title 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. ). 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 jurisdictional limitation of the Commission, the Commission shall also enforce this title, and the regulations promulgated under this title, in the same manner provided in paragraphs
(1)and
(2)of this subsection with respect to— common carriers subject to title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. ); and organizations not organized to carry on business for their own profit or that of their members. Any amount that a court orders an entity to pay in an action brought under this subsection shall be offset by any amount a court has ordered the entity to pay in an action brought against the entity for the same violation under section 116 or 117. 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 ). The Commission or the Attorney General of the United States, as applicable, shall deposit into the Victims Relief Fund the amount of any civil penalty obtained in any civil action the Commission, or the Attorney General on behalf of the Commission, commences to enforce this title or a regulation promulgated under this title. 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, damages, payments or compensation, or other monetary relief to persons affected by an act or practice for which civil penalties, other monetary relief, or any other forms of relief (including injunctive relief) have been ordered in a civil action or administrative proceeding the Commission commences, or in any civil action the Attorney General of the United States commences on behalf of the Commission, to enforce this title or a regulation promulgated under this title. To the extent that individuals cannot be located or such redress, damages, payments or compensation, or other monetary relief are otherwise not practicable, the Commission may use amounts in the Victims Relief Fund for the purpose of— consumer or business education relating to data privacy or data security; or engaging in technological research that the Commission considers necessary to implement this title, including promoting privacy-enhancing technologies that promote compliance with this title. Any amount that the Commission provides to a person as redress, payments or compensation, or other monetary relief under subparagraph
(C)with respect to a violation by an entity shall be offset by any amount the person received from an action brought against the entity for the same violation under section 116 or 117. Amounts collected and deposited in the Victims Relief Fund may not be construed to be Government funds or appropriated monies and may not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. Not later than 4 years after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to Congress a report describing investigations conducted during the prior year with respect to violations of this title, including— the number of such investigations the Commission commenced; the number of such investigations the Commission closed with no official agency action; the disposition of such investigations, if such investigations have concluded and resulted in official agency action; and for each investigation that was closed with no official agency action, the industry sectors of the covered entities subject to each investigation. A report required under paragraph
(1)may not include the identity of any person who is the subject of an investigation or any other information that identifies such a person. Not later than 540 days after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to Congress a plan for the next calendar year describing the projected activities of the Commission under this title, including— the policy priorities of the Commission and any changes to the previous policy priorities of the Commission; any rulemaking proceedings projected to be commenced, including any such proceedings to amend or repeal a rule; any plans to develop, update, or withdraw guidelines or guidance required under this title; any plans to restructure the Commission; and projected dates and timelines, or changes to projected dates and timelines, associated with any of the requirements under this title.
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