[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3329 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3329
To require any person that maintains an internet website or that sells
or distributes a mobile application that is owned, wholly or partially,
by the Chinese Communist Party, by a Chinese state-owned-entity, or by
a non-state-owned entity located in the People's Republic of China, or
that stores and maintains information collected from such website or
application in China, to disclose that fact to any individual who
downloads or otherwise uses such website or application.
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IN THE SENATE OF THE UNITED STATES
November 15, 2023
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require any person that maintains an internet website or that sells
or distributes a mobile application that is owned, wholly or partially,
by the Chinese Communist Party, by a Chinese state-owned-entity, or by
a non-state-owned entity located in the People's Republic of China, or
that stores and maintains information collected from such website or
application in China, to disclose that fact to any individual who
downloads or otherwise uses such website or application.
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 ``Internet Application Integrity and
Disclosure Act'' or the ``Internet Application I.D. Act''.
SEC. 2. DISCLOSURE REQUIREMENTS RELATING TO CHINESE OWNERSHIP, STORAGE,
AND MAINTENANCE OF INFORMATION IN CHINA.
(a) Disclosure Requirements.--Beginning 1 year after the date of
enactment of this Act, any person who owns or controls an internet
website or a mobile application shall clearly and conspicuously
disclose to any individual who downloads or otherwise uses the covered
service the following:
(1) Whether the covered service is owned, wholly or
partially, by the Chinese Communist Party, by a Chinese state-
owned entity, or by a non-state-owned entity domiciled in the
People's Republic of China.
(2) Whether information collected from the covered service
is stored and maintained in the People's Republic of China.
(3) Whether the Chinese Communist Party or a Chinese state-
owned entity has access to such information.
(b) False Information.--It shall be unlawful for any person to
knowingly disclose false information under this section.
(c) Definitions.--In this section:
(1) Covered service defined.--The term ``covered service''
means an internet website or a mobile application that--
(A) is owned, wholly or partially, by the Chinese
Communist Party, by a Chinese state-owned entity, or by
a non-state-owned entity domiciled in the People's
Republic of China; or
(B) stores and maintains information collected from
such website or application in the People's Republic of
China.
(2) Individual.--The term ``individual'' means a natural
person residing in the United States.
(3) Non-state owned entity located in the people's republic
of china.--The term ``non-state owned entity located in the
People's Republic of China'' means an entity that is--
(A) controlled (as such term is defined in section
800.208 of title 31, Code of Federal Regulations, or a
successor regulation) by any governmental organization
of the People's Republic of China; or
(B) organized under the laws of the People's
Republic of China.
(4) People's republic of china.--The term ``People's
Republic of China'' has the meaning given the term ``China'' in
section 142 of title 15, United States Code.
SEC. 3. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practices.--A violation of this Act
is 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 the 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.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
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