H.R. 750 — Reported in House

IB Union Calendar No. 441 118th CONGRESS 2d Session H. R. 750 [Report No. 118–530] IN THE HOUSE OF REPRESENTATIVES February 2, 2023Mrs. Cammack (for herself and Mr. Soto) introduced the following bill; which was referred to the Committee on Energy and Commerce May 31, 2024Additional sponsors: Mr. Balderson and Mr. Allen 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 Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 2, 2023 A BILL To 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