TELL Act
Bill: H.R.3991 | Sponsor: Rep. Duncan, Jeff (R-SC)
Policy area: Commerce

Summary:
Telling Everyone the Location of data Leaving the U.S. Act or the TELL ActThis bill requires online sellers or distributors of mobile applications that maintain and store information in China to conspicuously disclose to users that such information is stored in China and whether the information is accessible by the Chinese Communist Party or a Chinese state-owned entity.

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.

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

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 information.
    (b) False Information.--It shall be unlawful for the developer or 
publisher of such an application to knowingly provide false information 
with respect to the information 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 prescribed 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 Commission 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 penalties (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 
        privileges and immunities, provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
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