I 
117TH CONGRESS 
1ST SESSION H. R. 3991 
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 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 
JUNE 17, 2021 
Mr. DUNCAN (for himself, Mr. PERRY, Mr. GOODEN of Texas, Mr. BABIN, 
Mrs. GREENE of Georgia, Mrs. MCCLAIN, Mrs. HINSON, and Mr. 
CAWTHORN) introduced the following bill; which was referred to the Com-
mittee 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 the Peo-
ple’s Republic of China and whether the Chinese Com-
munist Party or a Chinese state-owned entity has access 
to such information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
03:55 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3991.IH
H3991
kjohnson on DSK79L0C42PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Telling Everyone the 
Location of data Leaving the U.S. Act’’ or the ‘‘TELL 
Act’’. 
SEC. 2. COUNTRY DISCLOSURE REQUIREMENTS. 
(a) DISCLOSURE REQUIREMENTS.—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 the People’s 
Republic of China shall disclose to any individual who 
downloads or otherwise uses such application, in a clear 
and conspicuous manner, the following— 
(1) that such information is maintained and 
stored in the People’s Republic of China; and 
(2) whether the Chinese Communist Party or a 
Chinese state-owned entity has access to such infor-
mation. 
(b) FALSE INFORMATION.—It shall be unlawful for 
the developer or publisher of such an application to know-
ingly provide false information with respect to the infor-
mation required under this section. 
SEC. 3. ENFORCEMENT. 
(a) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.— 
A violation of this Act shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice pre-
VerDate Sep 11 2014 
03:55 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3991.IH
H3991
kjohnson on DSK79L0C42PROD with BILLS
scribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(b) POWERS OF FEDERAL TRADE COMMISSION.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion shall enforce this Act 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. 
(2) PRIVILEGES AND IMMUNITIES.—Any person 
that violates this Act shall be subject to the pen-
alties (including the provisions of subsections (l) and 
(m) of section 5 of such Act which provide for a 
maximum civil penalty per violation of $42,350 (as 
of February 14, 2019)), and entitled to the privi-
leges and immunities, provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
Æ 
VerDate Sep 11 2014 
03:55 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H3991.IH
H3991
kjohnson on DSK79L0C42PROD with BILLS