TELL Act

I ★ 116TH CONGRESS 2D SESSION H. R. 6969 To require that any person that maintains an internet website or that sells or distributes a mobile application that maintains and stores information collected from such website or application in China to disclose that such information is stored and maintained in China and whether the Chinese Communist Party or a Chinese state-owned entity has access to such information. IN THE HOUSE OF REPRESENTATIVES MAY 22, 2020 Mr. DUNCAN (for himself, Mr. BABIN, Mr. BALDERSON, Mr. WEBER of Texas, 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 maintains and stores information collected from such website or application in China to disclose that such information is stored and maintained in China and whether 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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:19 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6969.IH H6969 kjohnson on DSK79L0C42PROD with BILLS 2 HR 6969 IH1S SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Telling Everyone the 2 Location of data Leaving the U.S. Act’’ or the ‘‘TELL 3 Act’’. 4 SEC. 2. COUNTRY DISCLOSURE REQUIREMENTS. 5 (a) DISCLOSURE REQUIREMENTS.—Any person that 6 maintains an internet website or that sells or distributes 7 a mobile application that maintains and stores information 8 collected from such website or application in China shall 9 disclose to any individual who downloads or otherwise uses 10 such application, in a clear and conspicuous manner, the 11 following— 12 (1) that such information is maintained and 13 stored in China; and 14 (2) whether the Chinese Communist Party or a 15 Chinese state-owned entity has access to such infor- 16 mation. 17 (b) FALSE INFORMATION.—It shall be unlawful for 18 the developer or publisher of such an application to know- 19 ingly provide false information with respect to the infor- 20 mation required under this section. 21 SEC. 3. ENFORCEMENT. 22 (a) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.— 23 A violation of this Act shall be treated as a violation of 24 a rule defining an unfair or deceptive act or practice pre- 25 VerDate Sep 11 2014 23:19 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6969.IH H6969 kjohnson on DSK79L0C42PROD with BILLS 3 HR 6969 IH1S scribed under section 18(a)(1)(B) of the Federal Trade 1 Commission Act (15 U.S.C. 57a(a)(1)(B)). 2 (b) POWERS OF FEDERAL TRADE COMMISSION.— 3 (1) IN GENERAL.—The Federal Trade Commis- 4 sion shall enforce this Act in the same manner, by 5 the same means, and with the same jurisdiction, 6 powers, and duties as though all applicable terms 7 and provisions of the Federal Trade Commission Act 8 (15 U.S.C. 41 et seq.) were incorporated into and 9 made a part of this Act. 10 (2) PRIVILEGES AND IMMUNITIES.—Any person 11 that violates this Act shall be subject to the pen- 12 alties (including the provisions of subsections (l) and 13 (m) of section 5 of such Act which provide for a 14 maximum civil penalty per violation of $42,350 (as 15 of February 14, 2019)), and entitled to the privi- 16 leges and immunities, provided in the Federal Trade 17 Commission Act (15 U.S.C. 41 et seq.). 18 Æ VerDate Sep 11 2014 23:19 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H6969.IH H6969 kjohnson on DSK79L0C42PROD with BILLS