TELL Act

Bill: 118-hr-742
Sponsor: full_name: Rep. Duncan, Jeff [R-SC-3]
Introduced: 2023-02-02
Policy area: Commerce
Subjects: Asia

China

Civil actions and liability

Computers and information technology

Consumer affairs

Foreign and international corporations

Fraud offenses and financial crimes

Internet, web applications, social media
Latest action: action_date: 2023-03-09
text: Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 22.

Summaries:
action_date: 2023-02-02
action_desc: Introduced in House
text: <p><b>Telling Everyone the Location of data Leaving the U.S. Act or the TELL Act</b><br /><br /> This bill requires any person that maintains a website or that sells or distributes a mobile application that maintains and stores information in China to conspicuously disclose certain information to individuals who download or otherwise use the website or application. The disclosures must specify (1) that such information is stored and maintained in&nbsp;China, and (2) whether the information is accessible by the Chinese Communist Party or a Chinese state-owned entity. </p> <p>The bill also provides for enforcement of these requirements by the Federal Trade Commission. </p>

tv_txt: I 118th CONGRESS 1st Session H. R. 742 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 State-owned entity has access to such information.

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 . 2. Country disclosure requirements (a) Disclosure requirements 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 shall disclose to any individual who downloads or otherwise uses such website or application, in a clear and conspicuous manner, the following: (1) That such information is stored and maintained in the People’s Republic of China. (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 a person required to disclose information under subsection (a) to knowingly disclose false information under such subsection. 3. Enforcement (a) Unfair or 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, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ).