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H.R. 6969 (116th): TELL Act

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The text of the bill below is as of May 22, 2020 (Introduced). The bill was not enacted into law.

I

116th CONGRESS

2d Session

H. R. 6969

IN THE HOUSE OF REPRESENTATIVES

May 22, 2020

(for himself, Mr. Babin, Mr. Balderson, Mr. Weber of Texas, 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 maintains and stores information collected from such website or application in China to disclose that such information is stored and maintained in 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 maintains and stores information collected from such website or application in 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 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.

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.).