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 whether the Chinese Communist Party or a Chinese Stateowned entity has access to such information. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 742 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Telling Everyone the 

3 Location of data Leaving the U.S. Act’’ or the ‘‘TELL 

4 Act’’. 

5 SEC. 2. COUNTRY DISCLOSURE REQUIREMENTS. 

6 (a) DISCLOSURE REQUIREMENTS.—Any person that 

7 maintains an internet website or that sells or distributes 

8 a mobile application that stores and maintains information 

9 collected from such website or application in the People’s 

10 Republic of China shall disclose to any individual who 

11 downloads or otherwise uses such website or application, 

12 in a clear and conspicuous manner, the following: 

13 (1) That such information is stored and main14 tained in the People’s Republic of China. 

15 (2) Whether the Chinese Communist Party or 

16 a Chinese State-owned entity has access to such in17 formation. 

18 (b) FALSE INFORMATION.—It shall be unlawful for 

19 a person required to disclose information under subsection 

20 (a) to knowingly disclose false information under such 

21 subsection. 

22 SEC. 3. ENFORCEMENT. 

23 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

24 A violation of this Act shall be treated as a violation of 

25 a rule defining an unfair or deceptive act or practice preVerDate Sep 11 2014 05:41 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H742.IH H742

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•HR 742 IH

1 scribed under section 18(a)(1)(B) of the Federal Trade 

2 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

3 (b) POWERS OF FEDERAL TRADE COMMISSION.— 

4 (1) IN GENERAL.—The Federal Trade Commis5 sion shall enforce this Act in the same manner, by 

6 the same means, and with the same jurisdiction, 

7 powers, and duties as though all applicable terms 

8 and provisions of the Federal Trade Commission Act 

9 (15 U.S.C. 41 et seq.) were incorporated into and 

10 made a part of this Act. 

11 (2) PRIVILEGES AND IMMUNITIES.—Any person 

12 that violates this Act shall be subject to the pen13 alties, and entitled to the privileges and immunities, 

14 provided in the Federal Trade Commission Act (15 

15 U.S.C. 41 et seq.). 

Æ 


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