,,ii #aahth ,,congress #ast ,session ,s4 #agcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjbc,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,wicker1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require application stores to publicly list the country of origin of the applications that they distribute1 and to provide consumers the ability to protect themselves4 #a4 ,short title ,this ,act may be cited as the ,know ,your ,app ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,minors engaging with internet-linked applications face heightened susceptibility to privacy risks and potential exploitation through those applications4 ,it is crucial for parents and guardians to possess comprehensive knowledge about the applications being accessed so that they can make informed decisions to protect their children4 7#b7 ,many users are unaware of the country of origin of the applications they download and use1 as well as the data handling practices of the developers behind those applications4 ,this lack of transparency can lead to potential risks for users1 including exposure to foreign government surveillance1 data breaches1 and privacy violations4 ,users have a right to know baseline information on the country of origin so that they can personally make decisions to mitigate the threat to their personal and biometric information4 7#c7 ,the potential for foreign governments to access user data through internet-linked applications presents national security risks4 ,these risks may include the collection of sensitive information1 espionage1 and potential influence over critical infrastructure4 7#d7 ,increasing transparency and providing users with the necessary information to make informed decisions about the applications they download can help protect consumer privacy and security4 7b7 ,sense of ,congress ,it is the sense of ,congress that covered companies and developers already posses the information necessary to provide adequate transparency to consumers4 #c4 ,public listing of country of origin of applications 7a7 ,definitions ,in this section3 7#a7 ,application ,the term application means a software application or electronic service that may be run or directed by a user on a computer1 a mobile device1 or any other general purpose computing device4 7#b7 ,application store ,the term application store means a publicly available website1 software application1 electronic service1 or platform provided by a device manufacturer that-- 7,a7 distributes applications from third-party developers to users of a computer1 a mobile device1 or any other general purpose computing device2 and 7,b7 has more than #bj1jjj1jjj users in the ,united ,states4 7#c7 ,application store page ,the term application store page means the individual1 dedicated listing page within an application store that serves as the primary source of information on a specific application and provides detailed information about the application1 including the name of the application1 the developer1 a description1 user ratings and reviews1 screenshots or previews1 pricing1 and system requirements4 7#d7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#e7 ,beneficial owner ,the term beneficial owner-- 7,a7 means1 with respect to a developer of an application1 an individual who1 directly or indirectly1 through any contract1 arrangement1 understanding1 relationship1 or otherwise-- 7i7 exercises substantial control over the developer2 or 7ii7 owns or controls not less than #be percent of the ownership interests of the developer2 and 7,b7 does not include-- 7i7 a minor child1 as defined in the ,state in which the entity is formed1 if the information of the parent or guardian of the minor child is reported in accordance with this section2 7ii7 an individual acting as a nominee1 intermediary1 custodian1 or agent on behalf of another individual2 7iii7 an individual acting solely as an employee of a corporation1 limited liability company1 or other similar entity and whose control over or economic benefits from such entity is derived solely from the employment status of the individual2 7iv7 an individual whose only interest in a corporation1 limited liability company1 or other similar entity is through a right of inheritance2 or 7v7 a creditor of a corporation1 limited liability company1 or other similar entity1 unless the creditor meets the requirements of subparagraph 7,a74 7#f7 ,country of concern ,the term country of concern means a country that is on the list described in section #d4 7#g7 ,country of origin ,the term country of origin-- 7,a7 with respect to the developer of an application1 means the country in which the developer is headquartered or principally operates2 and 7,b7 with respect to the beneficial owner of the developer of an application-- 7i7 except as provided in clause 7ii71 means the country from which the beneficial owner principally exercises control over the developer2 and 7ii7 if the beneficial owner exercises any control over the developer from a country of concern1 means that country4 7#h7 ,covered company ,the term covered company means any person1 entity1 or organization that owns1 controls1 or operates an application store that serves customers in the ,united ,states4 7#i7 ,developer ,the term developer means a person that creates1 owns1 or controls an application and is responsible for the design1 development1 maintenance1 and distribution of the application to end users through an application store4 7#aj7 ,primary country of origin ,the term primary country of origin1 with respect to an application-- 7,a7 except as provided in subparagraph 7,b71 means the country of origin of the developer of the application2 and 7,b7 if the country of origin of the beneficial owner of the developer of the application is a country of concern1 means that country4 7#aa7 ,prominent display ,the term prominent display1 with respect to an application store page1 means a banner that is immediately and clearly visible when the application store page is accessed4 7b7 ,requirements 7#a7 ,public listing ,the ,assistant ,secretary shall require a covered company to publicly list1 in a prominent display on the application store page1 the primary country of origin of each application distributed through an application store owned1 controlled1 or operated by the covered company4 7#b7 ,protections regarding certain foreign countries 7,a7 ,filter for certain applications ,the ,assistant ,secretary shall require a covered company to provide users of the covered company's application store with the option to filter out applications whose primary country of origin is a country of concern4 7,b7 ,disclaimer for certain applications ,the ,assistant ,secretary shall require that if the primary country of origin of an application is a country of concern1 a covered company that distributes the application through an application store shall provide a disclaimer1 in a prominent display on the application store page1 that data from the application could be accessed by a foreign government4 7#c7 ,update of information 7,a7 ,in general ,the ,assistant ,secretary shall require a developer to notify a covered company whose application store distributes the developer's application of any change in-- 7i7 the country of origin of the developer2 7ii7 the beneficial owner of the developer2 or 7iii7 the country of origin of the beneficial owner of the developer4 7,b7 ,developer certification 7i7 ,in general ,the ,assistant ,secretary shall require a developer to certify to each covered company that owns1 controls1 or operates an application store through which the developer's application is distributed1 not less frequently than annually1 that the information displayed on the application store page with respect to the application1 including primary country of origin and beneficial ownership1 is up-to-date4 7ii7 ,violations ,if a developer violates clause 7i7-- 7,i7 the covered company shall issue the developer a series of not fewer than #c warnings over a period of not more than #ij days2 and 7,,ii7 if the developer does not correct the violation by the date that is #ij days after the date on which the first warning is issued under subclause 7,i71 the covered company shall remove the application of the developer from the application store4 7#d7 ,reporting mechanism ,the ,assistant ,secretary shall require a covered company to establish a mechanism that-- 7,a7 allows a user of the covered company's application store1 an employee of a developer whose application is distributed through the covered company's application store1 or an associated third party to report a potential violation of this subsection by a developer1 including incorrect information displayed on the application store page2 and 7,b7 allows a report under subparagraph 7,a7 to be made anonymously4 7#e7 ,written policy for appeals of removals ,the ,assistant ,secretary shall require a covered company to establish1 for any application store owned1 controlled1 or operated by the covered company1 a clear written policy for how a developer can appeal the removal of an application from the application store and have the application be reinstated4 #d4 ,list of foreign countries with national laws resulting in government control over applications 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of the ,treasury and the ,secretary of ,commerce shall jointly develop and submit to ,congress a list of each foreign country that has in effect a national law that may subject a developer or application to control by the government of the country over content moderation1 algorithm design1 or user data transfers4 7b7 ,publication ,with respect to the list developed under subsection 7a7-- 7#a7 the ,secretary of the ,treasury shall make the list publicly available on the website of the ,department of the ,treasury2 and 7#b7 the ,secretary of ,commerce shall make the list publicly available on the website of the ,department of ,commerce4 #e4 ,limitation of enforcement and regulation ,the ,assistant ,secretary may not exercise any enforcement authority or regulatory authority over a covered company or developer that is not provided under this ,act1 including through rulemaking4 #f4 ,enforcement ,the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states against any covered company that violates this ,act4