[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10364 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10364
To safeguard children from harmful app services accessible through app
stores across the United States, to provide parents with parental
controls, to provide parents clear and accurate information about apps
and their services to ensure proper parental consent is achieved, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2024
Mr. James introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To safeguard children from harmful app services accessible through app
stores across the United States, to provide parents with parental
controls, to provide parents clear and accurate information about apps
and their services to ensure proper parental consent is achieved, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. App store obligations.
Sec. 5. Developer obligations.
Sec. 6. App age ratings transparency advisory committee.
Sec. 7. Compliance.
Sec. 8. Enforcement.
Sec. 9. Preemption.
Sec. 10. Severability.
Sec. 11. Effective date.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Minors do not have the same capacity to consent to a
contract as adults.
(2) Many apps allow in-app purchases without confirming
that an adult has consented to such a purchase.
(3) Many apps contain content or features inappropriate for
minors, such as obscene or explicitly sexual content, addictive
features, and adult themes.
(4) 95 percent of teenagers in the United States own a
smart phone and have access to apps through an app store.
(5) The leading app stores provide some ability for parents
to oversee a minor's use of apps, but those abilities are
incomplete to appropriately protect minors.
(6) The leading app stores provide some age rating for
apps, but those ratings can be inaccurate, vague, deceptive, or
otherwise unhelpful to parents.
(7) Some developers claim to limit or prohibit the use of
their app by minors but too often fail to enforce those
policies.
(8) Several online services provide the capability to
verify the age of a user.
(9) App stores have the ability to, but too often do not,
verify the age of a user.
(10) Requiring age verification by the largest app store
providers may empower parental oversight of minors' use of apps
while minimizing the burden on developers, entrepreneurs,
parents, and other adult users of apps.
(11) Two app stores, the Apple App Store and the Google
Play Store, almost entirely control the app distribution market
in the United States, and these 2 stores provide methods for
parents to oversee a minor's use of apps, but those methods are
incomplete to appropriately protect minors.
(b) Sense of Congress.--It is the sense of Congress that--
(1) requiring age verification by the largest app store
providers may empower parental oversight of minors' use of apps
while minimizing the burden on developers, entrepreneurs,
parents, and other adult users of apps;
(2) mobile device usage depends on access to certain apps;
(3) mobile devices have evolved to command a uniquely
pervasive presence as a medium of expression, are impossible to
completely avoid, and are foundational to both public and
private life; and
(4) disclosure of offensive content within apps--
(A) empowers parents to better understand what apps
their children are using and exercise their parental
oversight; and
(B) ensures that minors are better able to avoid
content they are instructed against accessing or would
otherwise desire to personally avoid.
SEC. 3. 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 rating.--The term ``age rating'' means a public
display that indicates the appropriateness of an app for
different age categories.
(3) 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.
(4) App store.--The term ``app store'' means a publicly
available website, software application, or other electronic
service that distributes and facilitates the download of an app
from a third-party developer by a user of a computer, mobile
device, or any other general purpose computing device.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) 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.
(7) Developer.--The term ``developer'' means any person
that owns or controls an app on the app store of a covered app
store provider and available in the United States.
(8) Know.--The term ``know'' means to have actual knowledge
or knowledge fairly inferred based on objective circumstances.
(9) Minor.--The term ``minor'' means an individual who has
not attained 18 years of age.
(10) Mobile device.--The term ``mobile device'' means a
tablet or smart phone that is capable of running a mobile
operating system.
(11) Mobile operating system.--The term ``mobile operating
system'' means a set of software that manages mobile device
hardware resources and provides common services for mobile
device programs.
(12) 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.
(13) 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.
(14) Verifiable parental consent.--The term ``verifiable
parental consent'' means authorization that is provided--
(A) by a parent who a covered app store provider
has verified is an adult;
(B) in response to a disclosure from a covered app
store provider that identifies what is specifically
being consented to, including the age rating for the
app or in-app purchase at issue; and
(C) in response to a clear choice to consent or to
decline to consent to the request from the covered app
store provider.
SEC. 4. APP STORE OBLIGATIONS.
(a) In General.--Each covered app store provider shall do the
following:
(1) Age verification.--Determine the age category for each
individual in the United States that uses the app store of such
provider and verify such individual's age using commercially
reasonable methods.
(2) Parental oversight of app store usage.--Obtain
verifiable parental consent prior to allowing a minor to use
the app store of such provider, including by providing a
mechanism for a parent to block a minor from downloading any
app that is not suitable for the age category of the minor.
(3) Parental oversight of app downloads.--Obtain verifiable
parental consent, on a download-by-download basis, prior to
allowing a minor to download an app from the app store of such
provider, including by providing an easily accessible mechanism
for a parent to consent to the download of an app.
(4) Parental oversight of app purchases.--Obtain verifiable
parental consent, on a purchase-by-purchase basis, prior to
allowing a minor to purchase any app through the app store of
such provider, and such consent shall be valid for up to 7
days.
(5) Parental oversight of in-app purchases.--Obtain
verifiable parental consent, on a purchase-by-purchase basis,
prior to allowing a minor to make an in-app purchase through
the app store of such provider.
(6) Parental oversight of app usage.--With respect to any
covered app store provider that owns or controls a mobile
device's mobile operating system, to the extent practicable,
provide to parents a clear and easy mechanism to set--
(A) filters that prevent a minor from accessing any
adult website on the web browser of the mobile device;
and
(B) usage limits, including daily limits and
limitations during school and evening hours.
(7) App age rating display.--To the extent the covered app
store provider displays age ratings or descriptions of content,
clearly and prominently display the age rating or description
of content for each app available in the app store of the
provider, including information regarding the minimum age
category suitable for usage of an app.
(8) Age category signal to developers.--Provide to
developers 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 in accordance with this section.
(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, obscene, or other harmful 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
a developer any information about a user 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.
SEC. 5. DEVELOPER OBLIGATIONS.
(a) App Age Rating.--To the extent that a developer provides age
ratings or descriptions of content to users, the developer shall--
(1) clearly provide the description of content and clearly
identify the age category eligible for usage of an app
consistent with the rating system developed in accordance with
the best practices established by the Advisory Committee under
section 6; and
(2) provide such information to each app store available in
the United States.
(b) Parental Oversight of App Usage.--To the extent technically
feasible, each developer shall use the application programming
interface of a covered app store provider to verify--
(1) the age category of its users; and
(2) in the case of a minor, whether verifiable parental
consent has been obtained before allowing the use of the app or
in-app purchases.
(c) Time Restrictions.--Each developer shall provide readily
available features for a parent to implement time restrictions with
respect to the app of such developer, including the ability to view
metrics reflecting the amount of time that a minor is using the app and
set daily time limits on a minor's use of such app.
(d) Use of App Store Provider Signal.--Each developer shall use a
covered app store provider's signal to determine the age category of a
user.
SEC. 6. APP AGE RATINGS TRANSPARENCY ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Commission shall establish and convene the
App Age Ratings Transparency Advisory Committee (in this section
referred to as the ``Advisory Committee'') to recommend best practices
regarding the age rating of apps offered on the app store of any
covered app store provider for different age categories.
(b) Participation.--The Advisory Committee shall include members
from--
(1) content creators;
(2) developers;
(3) public interest groups focused on child welfare;
(4) parents; and
(5) any other representatives deemed appropriate by the
Commission.
(c) Report.--Not later than 1 year after the date on which the
Advisory Committee is established, and every 3 years thereafter until
the date described in subsection (d), the Advisory Committee shall
submit to Congress, and publish in a publicly available manner, a
report that includes recommendations for best practices regarding the
age rating of apps offered on the app store of any covered app store
provider.
(d) Termination.--The Advisory Committee shall terminate on the
date that is 15 years after the date on which the Advisory Committee is
established, unless the Commission determines that the continued
involvement and guidance of the Advisory Committee is in the public
interest.
(e) Non-Applicability of FACA.--Chapter 10 of title 5, United
States Code, other than section 1009 of such Chapter, shall not apply
to the Advisory Committee established under this section.
SEC. 7. COMPLIANCE.
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 developers in complying with the requirements of this Act.
SEC. 8. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practice.--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.--Subject to subsection (c), 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.
(c) Additional Penalties and Authority.--In addition to the
authority and penalties provided in the Federal Trade Commission Act
(15 U.S.C. 41 et seq.), the following authority and penalties shall
apply with respect to a violation of this Act:
(1) Specific civil penalties.--
(A) Knowing misstatement of content.--Any covered
app store provider or developer who knowingly and
willfully misstates the content of an app as required
under section 4(a)(7) or 5(a) shall be subject to a
civil penalty of $500 for each user as determined by
the Commission.
(B) Negligent misstatements of content.--Any
covered app store provider or developer who negligently
misstates the content of an app as required under
section 4(a)(7) or 5(a) shall be subject to a civil
penalty of $250 for each user as determined by the
Commission.
(C) Failure to verify parental consent.--Any
covered app store provider or developer who knowingly
or negligently fails to comply with parental consent
verification as required under this Act shall be
subject to a civil penalty of $1,000 for each user as
determined by the Commission.
(D) Maximum penalty.--The amount of any civil
penalty under this paragraph shall not exceed a total
of $4,000,000,000 per violation.
(E) Construing specific civil penalties.--Each
instance of misstatement of content or failure to
obtain verifiable parental consent shall be defined by
the number of individual downloads or purchases of an
app that occurred in noncompliance with this Act.
(2) General civil penalties.--
(A) In general.--Any covered app store provider or
developer who violates any provision of this Act or any
regulation promulgated under this Act, other than
violations described in paragraph (1), shall be subject
to a civil penalty for each violation.
(B) Maximum penalty.--The amount of any civil
penalty under this paragraph shall not exceed
$2,000,000,000 per violation.
(3) Injunctive relief.--
(A) In general.--The Commission may seek a
temporary restraining order, preliminary injunction, or
permanent injunction to prevent any violation of this
Act or any regulation promulgated thereunder.
(B) Additional relief.--The Commission may seek
other forms of equitable relief, including rescission
or reformation of contracts, restitution, the refund of
money, and the return of property.
(4) Consumer redress.--The Commission may seek monetary
redress for consumers affected by a violation of this Act or
any regulation promulgated thereunder, including through a
refund, reimbursement, or other form of compensation.
(5) Cease and desist orders.--
(A) In general.--The Commission may issue a cease
and desist order to prohibit further violation of this
Act or any regulation promulgated thereunder.
(B) Compliance requirements.--Cease and desist
orders issued under this paragraph may include specific
compliance requirements such as changes to business
practices, disclosures, and record-keeping.
(6) Maximum penalties.--The maximum penalty described in
paragraph (1)(D) or paragraph (2)(B) shall be doubled upon a
finding by the Commission that the covered app store provider
or developer in violation of this Act or a regulation
promulgated thereunder has repeatedly or flagrantly violated
this Act or a regulation promulgated thereunder.
SEC. 9. PREEMPTION.
Any law, regulation, or other requirement of a State or political
subdivision of a State with respect to imposing substantially similar
or the same obligations on app store providers and developers as laid
out in this Act is hereby preempted by this Act.
SEC. 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.
SEC. 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.
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