What This Bill Does
This bill requires anyone who operates a website or mobile application that stores personal information in China to tell users about it. Specifically, they must disclose whether the Chinese Communist Party or a Chinese State-owned entity can access that information. The bill makes it illegal to knowingly give false information about these storage practices.
Who It Affects
People or companies that maintain internet websites or sell/distribute mobile applications that store user information in China.
Users who download or use those websites or applications.
The Federal Trade Commission (the government agency that enforces consumer protection laws).
Key Provisions
Website and app operators must clearly and noticeably tell users that their information is stored and maintained in China (Sec. 2(a)(1)).
Website and app operators must tell users whether the Chinese Communist Party or a Chinese State-owned entity has access to the stored information (Sec. 2(a)(2)).
It is illegal to knowingly provide false information about data storage location or access (Sec. 2(b)).
The Federal Trade Commission will enforce this law using the same powers and methods it uses for other consumer protection violations (Sec. 3(b)(1)).
What Changes
Website and app operators storing data in China must add new disclosures to their platforms. Companies that knowingly give false disclosure information become subject to Federal Trade Commission penalties.
Important Definitions
The bill does not explicitly define any key terms.
I
118TH CONGRESS
1ST SESSION
H. R. 742
To require that any person that maintains an internet website or that sells
or distributes a mobile application that stores and maintains information
collected from such website or application in the People’s Republic of
China to disclose that such information is stored and maintained in
the People’s Republic of China and whether the Chinese Communist
Party or a Chinese State-owned entity has access to such information.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. DUNCAN (for himself, Ms. KAPTUR, and Mr. PERRY) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
To require that any person that maintains an internet
website or that sells or distributes a mobile application
that stores and maintains information collected from
such website or application in the People’s Republic of
China to disclose that such information is stored and
maintained in the People’s Republic of China and wheth-
er the Chinese Communist Party or a Chinese State-
owned entity has access to such information.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 742 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Telling Everyone the
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Location of data Leaving the U.S. Act’’ or the ‘‘TELL
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Act’’.
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SEC. 2. COUNTRY DISCLOSURE REQUIREMENTS.
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(a) DISCLOSURE REQUIREMENTS.—Any person that
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maintains an internet website or that sells or distributes
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a mobile application that stores and maintains information
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collected from such website or application in the People’s
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Republic of China shall disclose to any individual who
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downloads or otherwise uses such website or application,
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in a clear and conspicuous manner, the following:
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(1) That such information is stored and main-
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tained in the People’s Republic of China.
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(2) Whether the Chinese Communist Party or
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a Chinese State-owned entity has access to such in-
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formation.
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(b) FALSE INFORMATION.—It shall be unlawful for
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a person required to disclose information under subsection
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(a) to knowingly disclose false information under such
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subsection.
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SEC. 3. ENFORCEMENT.
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(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—
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A violation of this Act shall be treated as a violation of
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a rule defining an unfair or deceptive act or practice pre-
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•HR 742 IH
scribed under section 18(a)(1)(B) of the Federal Trade
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Commission Act (15 U.S.C. 57a(a)(1)(B)).
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(b) POWERS OF FEDERAL TRADE COMMISSION.—
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(1) IN GENERAL.—The Federal Trade Commis-
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sion shall enforce this Act in the same manner, by
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the same means, and with the same jurisdiction,
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powers, and duties as though all applicable terms
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and provisions of the Federal Trade Commission Act
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(15 U.S.C. 41 et seq.) were incorporated into and
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made a part of this Act.
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(2) PRIVILEGES AND IMMUNITIES.—Any person
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that violates this Act shall be subject to the pen-
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alties, and entitled to the privileges and immunities,
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provided in the Federal Trade Commission Act (15
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U.S.C. 41 et seq.).
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Æ
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