[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5055-S5056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2814. Ms. CORTEZ MASTO (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. DISCLOSURE REQUIREMENTS RELATING TO OWNERSHIP, 
                   STORAGE, AND MAINTENANCE OF INFORMATION IN A 
                   FOREIGN ADVERSARY COUNTRY.

       (a) Disclosure Requirements.--Beginning 1 year after the 
     date of enactment of this

[[Page S5056]]

     Act, any person who owns, controls, or distributes access to 
     a covered service 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 a foreign adversary country, by a foreign 
     adversary country-owned entity, or by a non-state-owned 
     entity located in a foreign adversary country.
       (2) Whether information collected from the covered service 
     is stored and maintained in a foreign adversary country.
       (3) Whether a foreign adversary country or a foreign 
     adversary country-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 a foreign adversary 
     country, by a foreign adversary country-owned entity, or by a 
     non-state-owned entity located in a foreign adversary 
     country; or
       (B) stores and maintains information collected from such 
     website or application in a foreign adversary country.
       (2) Foreign adversary country.--The term ``foreign 
     adversary country'' means a country specified in section 
     4872(d)(2) of title 10, United States Code.
       (3) Individual.--The term ``individual'' means a natural 
     person residing in the United States.
       (4) Non-state-owned entity located in a foreign adversary 
     country.--The term ``non-state-owned entity located in a 
     foreign adversary country'' 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 a foreign 
     adversary country; or
       (B) organized under the laws of a foreign adversary 
     country.
       (d) Enforcement.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     this section 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)).
       (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, and entitled 
     to the privileges and immunities, provided in the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.).
       (C) Authority preserved.--Nothing in this section shall be 
     construed to limit the authority of the Federal Trade 
     Commission under any other provision of law.
                                 ______