117 HR 750 IH: Chinese-owned Applications Using The Information of Our Nation Act of 2023 U.S. House of Representatives 2023-02-02 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.

I118th CONGRESS1st SessionH. R. 750IN 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 CommerceA 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 mobile application that the Federal Government has prohibited the use of for Government-owned devices under Public Law 117–328, before the download or update of the application, shall disclose, in a clear and conspicuous manner, that the use of the mobile application is prohibited on Government-owned devices under law to any individual who downloads, updates, or otherwise uses the application.(b)

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 (including the provisions of subsections (l) and (m) of section 5 of such Act that provide for a maximum civil penalty per violation of $46,517 and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).