117 HR 750 RH: Chinese-owned Applications Using The Information of Our Nation Act of 2023 U.S. House of Representatives 2024-05-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IBUnion Calendar No. 441118th CONGRESS2d SessionH. R. 750[Report No. 118–530]IN THE HOUSE OF REPRESENTATIVESFebruary 2, 2023Mrs. Cammack (for herself and Mr. Soto) introduced the following bill; which was referred to the Committee on Energy and CommerceMay 31, 2024Additional sponsors: Mr. Balderson and Mr. AllenMay 31, 2024Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on February 2, 2023A BILLTo require any person that sells or distributes a mobile application that the Federal Government has prohibited for Government-owned devices to disclose that fact to any individual who downloads, updates, or otherwise uses such application, and for other purposes.

1.

Short title

This Act may be cited as the Chinese-owned Applications Using The Information of Our Nation Act of 2023 or the CAUTION Act of 2023.

2.

Disclosure requirements

(a)

In general

Any person that sells or distributes a covered application that the Federal Government has prohibited the use of for information technology and required to be removed from such information technology under the No TikTok on Government Devices Act (Public Law 117–328), before any individual downloads or updates the covered application, shall disclose, in a clear and conspicuous manner, that the use of the covered application is prohibited on Government-owned devices under law.(b)

False information

It shall be unlawful for any person to knowingly provide false information with respect to the disclosure required under this section.(c)

Enforcement

(1)

Unfair and deceptive acts or practices

A violation of this section 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)).(2)

Powers of the Federal Trade Commission

(A)

In general

The Federal Trade Commission shall enforce this section 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 section.(B)

Privileges and immunities

Any person that violates this section shall be subject to the penalties, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(3)

Authority preserved

Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.(d)

Effective date

This section shall take effect 180 days after the date of the enactment of this Act.(e)

Definitions

In this section:(1)

Covered application

The term covered application has the meaning given that term in section 102 of division R of the Consolidated Appropriations Act, 2023 (Public Law 117–328).(2)

Individual

The term individual means a natural person residing in the United States.(3)

Information technology

The term information technology has the meaning given that term in section 102 of division R of the Consolidated Appropriations Act, 2023 (Public Law 117–328).

May 31, 2024Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed