H.R. 3149

119 HR 3149 IH: App Store Accountability Act
 U.S. House of Representatives
 2025-05-01
 text/xml
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 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.
 I  119th CONGRESS  1st Session  H. R. 3149  IN THE HOUSE OF REPRESENTATIVES   May 1, 2025   Mr. James  (for himself and  Mr. Bilirakis ) introduced the following bill; which was referred to the  Committee on Energy and Commerce    A BILL
To safeguard children by providing parents with clear and accurate information about the apps downloaded and used by their children and to ensure proper parental consent is achieved, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   App Store Accountability Act  .
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. App store obligations.
Sec. 4. App developer obligations.
Sec. 5. Compliance.
Sec. 6. Enforcement by the Federal Trade Commission.
Sec. 7. Enforcement by States.
Sec. 8. Safe harbor.
Sec. 9. Preemption.
Sec. 10. Severability.
Sec. 11. Effective date.
2.
Definitions
In this Act:
(1)
Age category
The term  age category  means the category of an individual based on their age, including the following categories:
(A)
Adult
An  adult  is such an individual who has attained 18 years of age.
(B)
Teenager
A  teenager  is such an individual who has attained 16 years of age but has not attained 18 years of age.
(C)
Child
A  child  is such an individual who has attained 13 years of age but has not attained 16 years of age.
(D)
Young child
A  young child  is such an individual who has not attained 13 years of age.
(2)
Age category data
The term  age category data  means information that identifies the age category of a user and is collected by a covered app store provider and shared with an app developer.
(3)
Age rating
The term  age rating  means a publicly displayed assessment of an app’s appropriateness for different age categories.
(4)
App
The term  app  means a software application or electronic service that may be run or directed by a user on a computer, mobile device, or any other general purpose computing device.
(5)
App developer
The term  app developer  means any person that owns or controls an app on the app store of a covered app store provider and is available in the United States.
(6)
App store
The term  app store  means a publicly available website, software application, or other electronic service that distributes and facilitates the download onto a mobile device of an app from a third-party developer by a user of a computer, mobile device, or any other general purpose computing device.
(7)
Commission
The term  Commission  means the Federal Trade Commission.
(8)
Covered app store provider
The term  covered app store provider  means any person that owns or controls an app store available in the United States and for which users in the United States exceed 5,000,000.
(9)
Know
The term  know  means to have actual knowledge or willful disregard.
(10)
Minor
The term  minor  means an individual who has not attained 18 years of age.
(11)
Mobile device
The term  mobile device  means a phone or general purpose tablet that provides cellular or wireless connectivity, is capable of connecting to the Internet, runs a mobile operating system, and is capable of running apps through the mobile operating system.
(12)
Mobile operating system
The term  mobile operating system  means a set of software that manages mobile device hardware resources, provides common services for mobile device programs, controls memory allocation, and provides interfaces for applications to access device functionality.
(13)
Parent
The term  parent , with respect to a minor, means an adult with the legal right to make decisions on behalf of the minor, including—
(A)
a natural parent;
(B)
an adoptive parent;
(C)
a legal guardian; or
(D)
an individual with legal custody over the minor.
(14)
Parental account
The term  parental account  means an account with a covered app store provider that is—
(A)
verified to be established by an individual who the app store provider has determined is at least 18 years of age through the covered app store provider’s age verification method or process; and
(B)
affiliated with one or more account of a user or prospective user who is a minor.
(15)
Parental consent disclosure
The term  parental consent disclosure  means the following information that is provided to a parent before obtaining parental consent—
(A)
a description of—
(i)
the personal data collected by the app from a user; and
(ii)
the personal data shared by the app with a third party;
(B)
a description of the measures taken by the app developer to protect the confidentiality of the user’s personal data;
(C)
if there is an age rating for the app or an in-app purchase, the app’s or in-app purchase’s age rating; and
(D)
if there is a content description for the app or in-app purchase, the app’s or in-app purchase’s content description.
(16)
Personal data
The term  personal data  has the same meaning as the term  personal information  as defined in section 1302 of the Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 ).
(17)
Signal
The term  signal  means age bracketed data sent by a real-time secure application programming interface or operating system that is likely to be accessed by minors.
(18)
Significant change
The term  significant change  means a material modification of an app’s terms of service or privacy policy that—
(A)
changes the category of data collected or stored;
(B)
changes the category of data shared with an unaffiliated third party that is not a service provider or processor;
(C)
alters the app’s age rating or content description;
(D)
adds new monetization features, including in-app purchases or advertisements; or
(E)
changes the app’s user experience or functionality in a manner that a reasonable individual would view as material.
(19)
Verifiable parental consent
The term  verifiable parental consent  means authorization that is provided—
(A)
by a parental account;
(B)
in response to a clear and conspicuous parental content disclosure; and
(C)
signifies a parent’s freely given, specific, informed, and unambiguous agreement.
3.
App store obligations
(a)
In general
Each covered app store provider shall—
(1)
at the time an individual creates an account with the covered app store provider—
(A)
request age information from the individual; and
(B)
verify the individual’s age category using a commercially available method or process that is reasonably designed to ensure accuracy;
(2)
if the age verification method or process determines the individual is a minor—
(A)
require the account to be affiliated with a parental account; and
(B)
obtain verifiable parental consent from the holder of the affiliated parental account before allowing the minor to download or purchase an app or make an in-app purchase;
(3)
after receiving notice of a significant change from an app developer—
(A)
notify the user of a significant change; and
(B)
for a minor account, notify the holder of the affiliated parental account and obtain a new verifiable parental consent;
(4)
provide to an app developer the user’s age category and the status of verified parental consent if the user is a minor;
(5)
notify an app developer when a parent revokes verifiable parental consent;
(6)
protect the confidentiality of personal data related to age verification by—
(A)
limiting its collection, processing, and storage to what is strictly necessary to verify a user’s age, obtain verifiable parental consent, or maintain compliance records; and
(B)
safeguarding personal data related to age verification by adopting reasonable administrative, technical, and physical safeguards to secure the collection, processing, storage, and transmission of this data, including through industry-standard encryption;
(7)
if a covered app store provider displays an age rating or description of an app’s content, the age rating and description must be clearly and prominently displayed and be in plain and concise language; and
(8)
provide to an app developer the ability to determine, in real time, the age category of any user and, with respect to any user that is a minor, whether the covered app store provider has obtained verifiable parental consent.
(b)
Rules of construction
Nothing in this section shall be construed—
(1)
to prevent a covered app store provider from taking reasonable measures to block, detect, or prevent the distribution of unlawful or obscene material to minors, to block or filter spam, to prevent criminal activity, or to protect the security of an app store or app;
(2)
to require a covered app store provider to disclose to an app developer information other than such user’s age category and, with respect to any user that is a minor, whether the covered app store provider has obtained verifiable parental consent in accordance with this section;
(3)
to allow a covered app store provider to use any measures required by this section in a way that is arbitrary, capricious, anti-competitive, or unlawful; or
(4)
to affect or restrict the expression of political, religious, or other viewpoints.
4.
App developer obligations
(a)
In general
An app developer shall—
(1)
verify through a covered app store’s method or process the age category of the app developer’s users or potential users and, for a minor account, whether verifiable parental consent has been obtained;
(2)
notify a covered app store provider of a significant change to the app; and
(3)
request age category data or verifiable parental consent—
(A)
at the time a potential app user downloads or purchases an app;
(B)
when the app developer implements a significant change to the app; or
(C)
to comply with an applicable law or regulation.
(b)
App developer requests
An app developer may request age category data or verifiable parental consent—
(1)
no more than once during each 12-month period to verify the accuracy of user age verification data or continued account use within the verified age category;
(2)
when there is reasonable suspicion of account transfer or misuse outside the verified age category; or
(3)
at the time a user creates a new account with the app developer.
(c)
Permissible uses
An app developer may use age category data to—
(1)
enforce any app developer-created age-related restrictions;
(2)
ensure compliance with applicable laws and regulations; and
(3)
implement any app developer-created features or defaults.
(d)
Restrictions
An app developer may not—
(1)
enforce a contract or terms of service against a minor unless the app developer has verified through the covered app store provider that verifiable parental consent has been obtained;
(2)
knowingly misrepresent any material information in the parental consent disclosure; or
(3)
share age category data with an unaffiliated third party that is not a service provider or processor.
(e)
App age rating
If an app developer provides an age rating or description of an app’s content to a covered app store or user, the age rating or description must be in plain and concise language.
(f)
Covered app store provider signal
(1)
In general
Each app developer shall use a covered app store provider’s signal to determine the age category of a user.
(2)
Rule of construction
Receipt of a covered app store provider’s signal serves as actual knowledge of a user’s age category.
5.
Compliance
(a)
Guidance
(1)
In general
Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance to assist covered app store providers and app developers in complying with the requirements of this Act.
(2)
Limitations
(A)
No conferring of rights or binding effect
Any guidance issued by the Commission with respect to this Act shall not confer any rights on any person, State, or locality, nor shall such guidance operate to bind the Commission or any person to the approach recommended in such guidance.
(B)
Basis of enforcement actions
In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate sections 3 or 4.
(b)
Mechanism To certify compliance
(1)
In general
The Commission shall—
(A)
establish a mechanism, in such form and manner as the Commission determines is appropriate, for any covered app store provider to submit a request for the Commission to review their policies relevant to the requirements under section 3; and
(B)
not later than 30 days after receiving such a request—
(i)
review such policies to determine whether the covered app store provider that submitted such request is compliant with such requirements; and
(ii)
if the Commission determines that such provider is compliant with such requirements and does not permit or is able to quickly remedy any method of circumventing such requirements, submit to Congress and make publicly available on the website of the Commission a notice certifying that such provider is compliant with such requirements.
(2)
Notification of significant changes
If a covered app store provider that the Commission certifies is compliant with the requirements of section 3 makes a significant change to any policy of such provider that is relevant to such requirements, such provider shall notify the Commission of such change to ensure that the change does not impact the certification of compliance under paragraph (1).
(3)
Period of eligibility
A certification of compliance under paragraph (1) shall be valid for 1 year after the date of the issuance of such certification.
(c)
Complaints
(1)
In general
The Commission shall establish a mechanism to receive complaints regarding the compliance of any covered app store provider with the requirements described in section 3.
(2)
Review
The Commission shall regularly review any complaints received through the mechanism described in paragraph (1) and, if necessary, evaluate the covered app store provider's certification of compliance under subsection (b)(1).
6.
Enforcement by the Federal Trade Commission
(a)
Unfair or deceptive acts or practices
A violation of this Act or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ).
(b)
Powers of the Commission
(1)
In general
The Commission shall enforce this Act 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 Act.
(2)
Privileges and immunities
Any person who violates this Act or a regulation promulgated thereunder 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. ).
(3)
Authority preserved
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
7.
Enforcement by States
(a)
In general
(1)
Civil actions
In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—
(A)
enjoin that practice;
(B)
enforce compliance with the regulation;
(C)
obtain damages, restitution, or other compensation on behalf of residents of the State; or
(D)
obtain such other relief as the court may consider to be appropriate.
(2)
Notice
(A)
In general
Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—
(i)
a written notice of that action; and
(ii)
a copy of the complaint for that action.
(B)
Exemption
(i)
In general
Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action.
(ii)
Notification
In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
(b)
Intervention
(1)
In general
On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.
(2)
Effect of intervention
If the Commission intervenes in an action under subsection (a), it shall have the right—
(A)
to be heard with respect to any matter that arises in that action; and
(B)
to file a petition for appeal.
(c)
Construction
For purposes of bringing any civil action under subsection (a), nothing in this chapter shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—
(1)
conduct investigations;
(2)
administer oaths or affirmations; or
(3)
compel the attendance of witnesses or the production of documentary and other evidence.
(d)
Actions by the Commission
In any case in which an action is instituted by or on behalf of the Commission for a violation of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for such violation.
(e)
Venue; service of process
(1)
Venue
Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.
(2)
Service of process
In an action brought under subsection (a), process may be served in any district in which the defendant—
(A)
is an inhabitant; or
(B)
may be found.
8.
Safe harbor
(a)
In general
An app developer is deemed not liable for a violation of this Act if the app developer demonstrates it has—
(1)
relied in good faith on age verification data provided by a covered app store provider or it obtained a signal from a covered app store provider that indicates the user is a minor;
(2)
complied with the requirements of section 4; and
(3)
reasonably conforms to widely accepted industry standards or best practices, or to standards or best practices identified by the Commission, for age ratings and app content descriptions and applies those standards or best practices consistently and in good faith.
(b)
Limitations
The safe harbor described in this section applies only to actions brought under this Act and does not limit the liability of an app developer under any other applicable law.
9.
Preemption
(a)
In general
No State or political subdivision of a State may maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, related to the provisions of this Act.
(b)
Rule of construction
Nothing in this subsection shall be construed as preempting, displacing, or supplanting contract or tort law.
10.
Severability
If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by the invalidation.
11.
Effective date
Except as otherwise provided in this Act, this Act shall take effect on the date that is 1 year after the date of enactment of this Act.