[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.
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