S.Amdt. 3391

SA 3391. Ms. CORTEZ MASTO (for herself, Mr. Grassley, and Mr. Lujan)
submitted an amendment intended to be proposed by her to the bill S.
2296, to authorize appropriations for fiscal year 2026 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 appropriate place in title X, insert the following:

SEC. ___. 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 section, 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 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, 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.
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