TELL Act

Telling Everyone the Location of data Leaving the U.S. Act or the TELL Act

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 China, and (2) whether the information is accessible by the Chinese Communist Party or a Chinese state-owned entity.

The bill also provides for enforcement of these requirements by the Federal Trade Commission.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 742 Introduced in House (IH)]

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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 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 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.

SEC. 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.).
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