Text of Senate Amendment 4618

Text of Senate Amendment 4618

Congressional Record, Volume 172 Issue 49 (Wednesday, March 18, 2026) [Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)] [Senate] [Page S1276] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4618. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. PREVENTION OF DATA BROKERS PURCHASING, SELLING, OR COLLECTING DATA NEAR POLLING PLACES. (a) Prohibition.-- (1) In general.--It shall be unlawful for any data broker to purchase, sell, or collect any data from a device within 100 yards of any polling place used in a Federal, State, or local election while such polling place is open for casting votes in any such election. (2) Definition of data broker.--The term ``data broker'' has the meaning given such term in section 2 of the Protecting Americans Data from Foreign Adversaries Act of 2024 (15 U.S.C. 9901). (3) Definition of polling place.--For purposes of this section, the term ``polling place'' shall include any building or infrastructure where voting occurs during a Federal, State, or local election. (b) Enforcement by the FTC.-- (1) Unfair or deceptive acts or practices.--A violation of this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of the commission.-- (A) In general.--The Federal Trade Commission shall enforce this 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 Act. (B) Privileges and immunities.--Any person who violates this section or a regulation promulgated thereunder 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.). (C) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Enforcement by State Attorneys General.-- (1) In general.--If the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this section, the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under State law, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to-- (A) enjoin further such violation by such person; (B) enforce compliance with this Act; (C) obtain civil penalties; and (D) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice and intervention by the ftc.--The attorney general of a State shall provide to the Federal Trade Commission prior written notice of any action under paragraph (1) and a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Federal Trade Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (3) Limitation on state action while federal action is pending.--If the Federal Trade Commission has instituted a civil action for violation of this section, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission for any violation of this section alleged in the complaint. (4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. ______