Federal

CAUTION Act of 2023

Source: Congress.gov · 901 words in original text

What This Bill Does

This bill requires anyone who sells or distributes a mobile application (an app you download on your phone or device) that the Federal Government has banned from government computers to tell people about this ban before they download or update the app. The bill also makes it illegal to lie about this disclosure. ##

Who It Affects

- People in the United States who download or update mobile applications - Companies and individuals who sell or distribute mobile applications - The Federal Trade Commission (the government agency that enforces consumer protection laws) ##

Key Provisions

- Anyone selling or distributing a banned application must clearly and obviously disclose that the app is prohibited on government-owned devices before anyone downloads or updates it (Sec. 2(a)) - It is illegal to knowingly give false information about this required disclosure (Sec. 2(b)) - The Federal Trade Commission will enforce this law and treat violations as unfair or deceptive business practices (Sec. 2(c)) - Anyone who violates this rule is subject to penalties under the Federal Trade Commission Act (Sec. 2(c)(2)(B)) ##

What Changes

If this becomes law, app distributors must add a warning message before anyone can download or update certain banned applications. Lying about whether an app is banned becomes an illegal action that the Federal Trade Commission can punish. ##

Important Definitions

- **Covered application**: An app defined in another federal law (Public Law 117-328) - **Individual**: A natural person living in the United States - **Information technology**: Defined in another federal law (Public Law 117-328) ##

Effective Date

180 days after the date this law is enacted (Sec. 2(d))

IB Union Calendar No. 441 118TH CONGRESS 2D SESSION H. R. 750 [Report No. 118–530] To require any person that sells or distributes a mobile application that the Federal Government has prohibited for Government-owned devices to disclose that fact to any individual who downloads, updates, or other- wise uses such application, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 2, 2023 Mrs. CAMMACK (for herself and Mr. SOTO) introduced the following bill; which was referred to the Committee on Energy and Commerce MAY 31, 2024 Additional sponsors: Mr. BALDERSON and Mr. ALLEN MAY 31, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 2, 2023] VerDate Sep 11 2014 21:21 May 31, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H750.RH H750 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 750 RH A BILL To require any person that sells or distributes a mobile application that the Federal Government has prohibited for Government-owned devices to disclose that fact to any individual who downloads, updates, or otherwise uses such application, and for other purposes. VerDate Sep 11 2014 21:21 May 31, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H750.RH H750 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 750 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Chinese-owned Applica- 4 tions Using The Information of Our Nation Act of 2023’’ 5 or the ‘‘CAUTION Act of 2023’’. 6 SEC. 2. DISCLOSURE REQUIREMENTS. 7 (a) IN GENERAL.—Any person that sells or distributes 8 a covered application that the Federal Government has pro- 9 hibited the use of for information technology and required 10 to be removed from such information technology under the 11 No TikTok on Government Devices Act (Public Law 117– 12 328), before any individual downloads or updates the cov- 13 ered application, shall disclose, in a clear and conspicuous 14 manner, that the use of the covered application is prohibited 15 on Government-owned devices under law. 16 (b) FALSE INFORMATION.—It shall be unlawful for 17 any person to knowingly provide false information with re- 18 spect to the disclosure required under this section. 19 (c) ENFORCEMENT.— 20 (1) UNFAIR AND DECEPTIVE ACTS OR PRAC- 21 TICES.—A violation of this section shall be treated as 22 a violation of a rule defining an unfair or deceptive 23 act or practice prescribed under section 18(a)(1)(B) of 24 VerDate Sep 11 2014 21:21 May 31, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H750.RH H750 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 750 RH the Federal Trade Commission Act (15 U.S.C. 1 57a(a)(1)(B)). 2 (2) POWERS OF THE FEDERAL TRADE COMMIS- 3 SION.— 4 (A) IN GENERAL.—The Federal Trade Com- 5 mission shall enforce this section in the same 6 manner, by the same means, and with the same 7 jurisdiction, powers, and duties as though all ap- 8 plicable terms and provisions of the Federal 9 Trade Commission Act (15 U.S.C. 41 et seq.) 10 were incorporated into and made a part of this 11 section. 12 (B) PRIVILEGES AND IMMUNITIES.—Any 13 person that violates this section shall be subject 14 to the penalties, provided in the Federal Trade 15 Commission Act (15 U.S.C. 41 et seq.). 16 (3) AUTHORITY PRESERVED.—Nothing in this 17 section shall be construed to limit the authority of the 18 Federal Trade Commission under any other provision 19 of law. 20 (d) EFFECTIVE DATE.—This section shall take effect 21 180 days after the date of the enactment of this Act. 22 (e) DEFINITIONS.—In this section: 23 (1) COVERED APPLICATION.—The term ‘‘covered 24 application’’ has the meaning given that term in sec- 25 VerDate Sep 11 2014 21:21 May 31, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H750.RH H750 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 750 RH tion 102 of division R of the Consolidated Appropria- 1 tions Act, 2023 (Public Law 117–328). 2 (2) INDIVIDUAL.—The term ‘‘individual’’ means 3 a natural person residing in the United States. 4 (3) INFORMATION TECHNOLOGY.—The term ‘‘in- 5 formation technology’’ has the meaning given that 6 term in section 102 of division R of the Consolidated 7 Appropriations Act, 2023 (Public Law 117–328). 8 VerDate Sep 11 2014 21:21 May 31, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H750.RH H750 ssavage on LAPJG3WLY3PROD with BILLS Union Calendar No. 441 118TH CONGRESS 2D SESSION H. R. 750 [Report No. 118–530] A BILL To require any person that sells or distributes a mobile application that the Federal Government has prohibited for Government-owned devices to disclose that fact to any individual who downloads, updates, or otherwise uses such appli- cation, and for other purposes. MAY 31, 2024 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 21:21 May 31, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H750.RH H750 ssavage on LAPJG3WLY3PROD with BILLS

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