,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #cadi  ,,in ,,the ,,house ,,of  
,,representatives  ,may #a1 #bjbe,mr4   
,james 7for himself and ,mr4 ,bilirakis7
 introduced the following bill2 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 achieved1 and for   
other purposes4  #a4 ,short title2 table
 of contents  7a7 ,short title ,this    
,act may be cited as the ,app ,store    
,accountability ,act4  7b7 ,table of    
contents ,the table of contents for this
 ,act is as follows3 ,sec4 #a4 ,short   
title2 table of contents4,sec4 #b4      
,definitions4,sec4 #c4 ,app store       
obligations4,sec4 #d4 ,app developer    
obligations4,sec4 #e4 ,compliance4,sec4 
#f4 ,enforcement by the ,federal ,trade 
,commission4,sec4 #g4 ,enforcement by   
,states4,sec4 #h4 ,safe harbor4,sec4 #i4

 ,preemption4,sec4 #aj4                 
,severability4,sec4 #aa4 ,effective     
date4  #b4 ,definitions ,in this ,act3  
7#a7 ,age category ,the term age        
category means the category of an       
individual based on their age1 including
 the following categories3 7,a7 ,adult  
,an adult is such an individual who has 
attained #ah years of age4  7,b7        
,teenager ,a teenager is such an        
individual who has attained #af years of
 age but has not attained #ah years of  
age4  7,c7 ,child ,a child is such an   
individual who has attained #ac years of
 age but has not attained #af years of  
age4  7,d7 ,young child ,a young child  
is such an individual who has not       
attained #ac years of age4  7#b7 ,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         
developer4  7#c7 ,age rating ,the term  
age rating means a publicly displayed   

assessment of an app's appropriateness  
for different age categories4  7#d7 ,app
 ,the term app means a software         
application or electronic service that  
may be run or directed by a user on a   
computer1 mobile device1 or any other   
general purpose computing device4  7#e7 
,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 ,states4  7#f7 ,app store ,the  
term app store means a publicly         
available website1 software application1
 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    
computer1 mobile device1 or any other   
general purpose computing device4  7#g7 
,commission ,the term ,commission means 
the ,federal ,trade ,commission4  7#h7  
,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 #e1jjj1jjj4  7#i7 ,know  
,the term know means to have actual     
knowledge or willful disregard4  7#aj7  
,minor ,the term minor means an         
individual who has not attained #ah     
years of age4  7#aa7 ,mobile device ,the
 term mobile device means a phone or    
general purpose tablet that provides    
cellular or wireless connectivity1 is   
capable of connecting to the ,internet1 
runs a mobile operating system1 and is  
capable of running apps through the     
mobile operating system4  7#ab7 ,mobile 
operating system ,the term mobile       
operating system means a set of software
 that manages mobile device hardware    
resources1 provides common services for 
mobile device programs1 controls memory 
allocation1 and provides interfaces for 
applications to access device           
functionality4  7#ac7 ,parent ,the term 
parent1 with respect to a minor1 means  
an adult with the legal right to make   

decisions on behalf of the minor1       
including-- 7,a7 a natural parent2  7,b7
 an adoptive parent2  7,c7 a legal      
guardian2 or  7,d7 an individual with   
legal custody over the minor4  7#ad7    
,parental account ,the term parental    
account means an account with a covered 
app store provider that is-- 7,a7       
verified to be established by an        
individual who the app store provider   
has determined is at least #ah years of 
age through the covered app store       
provider's age verification method or   
process2 and  7,b7 affiliated with one  
or more account of a user or prospective
 user who is a minor4  7#ae7 ,parental  
consent disclosure ,the term parental   
consent disclosure means the following  
information that is provided to a parent
 before obtaining parental consent--    
7,a7 a description of-- 7i7 the personal
 data collected by the app from a user2 
and  7ii7 the personal data shared by   
the app with a third party2  7,b7 a     
description of the measures taken by the

 app developer to protect the           
confidentiality of the user's personal  
data2  7,c7 if there is an age rating   
for the app or an in-app purchase1 the  
app's or in-app purchase's age rating2  
and  7,d7 if there is a content         
description for the app or in-app       
purchase1 the app's or in-app purchase's
 content description4  7#af7 ,personal  
data ,the term personal data has the    
same meaning as the term personal       
information as defined in section #acjb 
of the ,children's ,online ,privacy     
,protection ,act 7#ae ,u4,s4,c4 #feja74 
7#ag7 ,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 minors4  7#ah7           
,significant change ,the term           
significant change means a material     
modification of an app's terms of       
service or privacy policy that-- 7,a7   
changes the category of data collected  
or stored2  7,b7 changes the category of

 data shared with an unaffiliated third 
party that is not a service provider or 
processor2  7,c7 alters the app's age   
rating or content description2  7,d7    
adds new monetization features1         
including in-app purchases or           
advertisements2 or  7,e7 changes the    
app's user experience or functionality  
in a manner that a reasonable individual
 would view as material4  7#ai7         
,verifiable parental consent ,the term  
verifiable parental consent means       
authorization that is provided-- 7,a7 by
 a parental account2  7,b7 in response  
to a clear and conspicuous parental     
content disclosure2 and  7,c7 signifies 
a parent's freely given1 specific1      
informed1 and unambiguous agreement4    
#c4 ,app store obligations  7a7 ,in     
general ,each covered app store provider
 shall-- 7#a7 at the time an individual 
creates an account with the covered app 
store provider-- 7,a7 request age       
information from the individual2 and    
7,b7 verify the individual's age        

category using a commercially available 
method or process that is reasonably    
designed to ensure accuracy2  7#b7 if   
the age verification method or process  
determines the individual is a minor--  
7,a7 require the account to be          
affiliated with a parental account2 and 
7,b7 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 purchase2  7#c7 after    
receiving notice of a significant change
 from an app developer-- 7,a7 notify the
 user of a significant change2 and  7,b7
 for a minor account1 notify the holder 
of the affiliated parental account and  
obtain a new verifiable parental        
consent2  7#d7 provide to an app        
developer the user's age category and   
the status of verified parental consent 
if the user is a minor2  7#e7 notify an 
app developer when a parent revokes     
verifiable parental consent2  7#f7      
protect the confidentiality of personal 

data related to age verification by--   
7,a7 limiting its collection1           
processing1 and storage to what is      
strictly necessary to verify a user's   
age1 obtain verifiable parental consent1
 or maintain compliance records2 and    
7,b7 safeguarding personal data related 
to age verification by adopting         
reasonable administrative1 technical1   
and physical safeguards to secure the   
collection1 processing1 storage1 and    
transmission of this data1 including    
through industry-standard encryption2   
7#g7 if a covered app store provider    
displays an age rating or description of
 an app's content1 the age rating and   
description must be clearly and         
prominently displayed and be in plain   
and concise language2 and  7#h7 provide 
to an app developer the ability to      
determine1 in real time1 the age        
category of any user and1 with respect  
to any user that is a minor1 whether the
 covered app store provider has obtained
 verifiable parental consent4  7b7      

,rules of construction ,nothing in this 
section shall be construed-- 7#a7 to    
prevent a covered app store provider    
from taking reasonable measures to      
block1 detect1 or prevent the           
distribution of unlawful or obscene     
material to minors1 to block or filter  
spam1 to prevent criminal activity1 or  
to protect the security of an app store 
or app2  7#b7 to require a covered app  
store provider to disclose to an app    
developer information other than such   
user's age category and1 with respect to
 any user that is a minor1 whether the  
covered app store provider has obtained 
verifiable parental consent in          
accordance with this section2  7#c7 to  
allow a covered app store provider to   
use any measures required by this       
section in a way that is arbitrary1     
capricious1 anti-competitive1 or        
unlawful2 or  7#d7 to affect or restrict
 the expression of political1 religious1
 or other viewpoints4  #d4 ,app         
developer obligations  7a7 ,in general  

,an app developer shall-- 7#a7 verify   
through a covered app store's method or 
process the age category of the app     
developer's users or potential users    
and1 for a minor account1 whether       
verifiable parental consent has been    
obtained2  7#b7 notify a covered app    
store provider of a significant change  
to the app2 and  7#c7 request age       
category data or verifiable parental    
consent-- 7,a7 at the time a potential  
app user downloads or purchases an app2 
7,b7 when the app developer implements a
 significant change to the app2 or  7,c7
 to comply with an applicable law or    
regulation4  7b7 ,app developer requests
 ,an app developer may request age      
category data or verifiable parental    
consent-- 7#a7 no more than once during 
each #ab-month period to verify the     
accuracy of user age verification data  
or continued account use within the     
verified age category2  7#b7 when there 
is reasonable suspicion of account      
transfer or misuse outside the verified 

age category2 or  7#c7 at the time a    
user creates a new account with the app 
developer4  7c7 ,permissible uses ,an   
app developer may use age category data 
to-- 7#a7 enforce any app               
developer-created age-related           
restrictions2  7#b7 ensure compliance   
with applicable laws and regulations2   
and  7#c7 implement any app             
developer-created features or defaults4 
7d7 ,restrictions ,an app developer may 
not-- 7#a7 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    
obtained2  7#b7 knowingly misrepresent  
any material information in the parental
 consent disclosure2 or  7#c7 share age 
category data with an unaffiliated third
 party that is not a service provider or
 processor4  7e7 ,app age rating ,if an 
app developer provides an age rating or 
description of an app's content to a    
covered app store or user1 the age      

rating or description must be in plain  
and concise language4  7f7 ,covered app 
store provider signal  7#a7 ,in general 
,each app developer shall use a covered 
app store provider's signal to determine
 the age category of a user4  7#b7 ,rule
 of construction ,receipt of a covered  
app store provider's signal serves as   
actual knowledge of a user's age        
category4  #e4 ,compliance  7a7         
,guidance  7#a7 ,in general ,not later  
than #a year after the date of enactment
 of this ,act1 the ,commission shall    
issue guidance to assist covered app    
store providers and app developers in   
complying with the requirements of this 
,act4  7#b7 ,limitations  7,a7 ,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 person1 ,state1
 or locality1 nor shall such guidance   
operate to bind the ,commission or any  
person to the approach recommended in   
such guidance4  7,b7 ,basis of          

enforcement actions ,in any enforcement 
action brought pursuant to this ,act1   
the ,commission shall allege a specific 
violation of a provision of this ,act4  
,the ,commission may not base an        
enforcement action on1 or execute a     
consent order based on1 practices that  
are alleged to be inconsistent with any 
such guidelines1 unless the practices   
allegedly violate sections #c or #d4    
7b7 ,mechanism ,to certify compliance   
7#a7 ,in general ,the ,commission       
shall-- 7,a7 establish a mechanism1 in  
such form and manner as the ,commission 
determines is appropriate1 for any      
covered app store provider to submit a  
request for the ,commission to review   
their policies relevant to the          
requirements under section #c2 and  7,b7
 not later than #cj days after receiving
 such a request-- 7i7 review such       
policies to determine whether the       
covered app store provider that         
submitted such request is compliant with
 such requirements2 and  7ii7 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 requirements1 submit 
to ,congress and make publicly available
 on the website of the ,commission a    
notice certifying that such provider is 
compliant with such requirements4  7#b7 
,notification of significant changes ,if
 a covered app store provider that the  
,commission certifies is compliant with 
the requirements of section #c makes a  
significant change to any policy of such
 provider that is relevant to such      
requirements1 such provider shall notify
 the ,commission of such change to      
ensure that the change does not impact  
the certification of compliance under   
paragraph 7#a74  7#c7 ,period of        
eligibility ,a certification of         
compliance under paragraph 7#a7 shall be
 valid for #a year after the date of the
 issuance of such certification4  7c7   
,complaints  7#a7 ,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 #c4  7#b7 ,review ,the      
,commission shall regularly review any  
complaints received through the         
mechanism described in paragraph 7#a7   
and1 if necessary1 evaluate the covered 
app store provider's certification of   
compliance under subsection 7b77#a74    
#f4 ,enforcement by the ,federal ,trade 
,commission  7a7 ,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 #ah7;a77#a77;,b7 of the ,federal
 ,trade ,commission ,act 7#ae ,u4,s4,c4 
#eg;a7a77#a77;,b774  7b7 ,powers of the 
,commission  7#a7 ,in general ,the      
,commission shall enforce this ,act in  
the same manner1 by the same means1 and 
with the same jurisdiction1 powers1 and 

duties as though all applicable terms   
and provisions of the ,federal ,trade   
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq47 were incorporated into and made a 
part of this ,act4  7#b7 ,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 7#ae ,u4,s4,c4 
#da et seq474  7#c7 ,authority preserved
 ,nothing in this ,act shall be         
construed to limit the authority of the 
,commission under any other provision of
 law4  #g4 ,enforcement by ,states  7a7 
,in general  7#a7 ,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 ,act1 
the ,state1 as parens patriae1 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-- 7,a7      
enjoin that practice2  7,b7 enforce     
compliance with the regulation2  7,c7   
obtain damages1 restitution1 or other   
compensation on behalf of residents of  
the ,state2 or  7,d7 obtain such other  
relief as the court may consider to be  
appropriate4  7#b7 ,notice  7,a7 ,in    
general ,before filing an action under  
paragraph 7#a71 the attorney general of 
the ,state involved shall provide to the
 ,commission-- 7i7 a written notice of  
that action2 and  7ii7 a copy of the    
complaint for that action4  7,b7        
,exemption  7i7 ,in general             
,subparagraph 7,a7 shall not apply with 
respect to the filing of an action by an
 attorney general of a ,state under this
 subsection1 if the attorney general    
determines that it is not feasible to   
provide the notice described in that    
subparagraph before the filing of the   
action4  7ii7 ,notification ,in an      

action described in clause 7i71 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 
action4  7b7 ,intervention  7#a7 ,in    
general ,on receiving notice under      
subsection 7a77#b71 the ,commission     
shall have the right to intervene in the
 action that is the subject of the      
notice4  7#b7 ,effect of intervention   
,if the ,commission intervenes in an    
action under subsection 7a71 it shall   
have the right-- 7,a7 to be heard with  
respect to any matter that arises in    
that action2 and  7,b7 to file a        
petition for appeal4  7c7 ,construction 
,for purposes of bringing any civil     
action under subsection 7a71 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-- 7#a7 conduct               
investigations2  7#b7 administer oaths  

or affirmations2 or  7#c7 compel the    
attendance of witnesses or the          
production of documentary and other     
evidence4  7d7 ,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 
,act1 no ,state may1 during the pendency
 of that action1 institute an action    
under subsection 7a7 against any        
defendant named in the complaint in that
 action for such violation4  7e7 ,venue2
 service of process  7#a7 ,venue ,any   
action brought under subsection 7a7 may 
be brought in the district court of the 
,united ,states that meets applicable   
requirements relating to venue under    
section #acia of title #bh1 ,united     
,states ,code4  7#b7 ,service of process
 ,in an action brought under subsection 
7a71 process may be served in any       
district in which the defendant-- 7,a7  
is an inhabitant2 or  7,b7 may be found4
  #h4 ,safe harbor  7a7 ,in general ,an 
app developer is deemed not liable for a

 violation of this ,act if the app      
developer demonstrates it has-- 7#a7    
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 minor2  7#b7    
complied with the requirements of       
section #d2 and  7#c7 reasonably        
conforms to widely accepted industry    
standards or best practices1 or to      
standards or best practices identified  
by the ,commission1 for age ratings and 
app content descriptions and applies    
those standards or best practices       
consistently and in good faith4  7b7    
,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 law4  #i4    
,preemption  7a7 ,in general ,no ,state 
or political subdivision of a ,state may
 maintain1 enforce1 prescribe1 or       
continue in effect any law1 rule1       

regulation1 requirement1 standard1 or   
other provision having the force and    
effect of law of any ,state1 or         
political subdivision of a ,state1      
related to the provisions of this ,act4 
7b7 ,rule of construction ,nothing in   
this subsection shall be construed as   
preempting1 displacing1 or supplanting  
contract or tort law4  #aj4             
,severability ,if any provision of this 
,act1 or the application thereof to any 
person or circumstance1 is held invalid1
 the remainder of this ,act1 and the    
application of such provision to other  
persons not similarly situated or to    
other circumstances1 shall not be       
affected by the invalidation4  #aa4     
,effective date ,except as otherwise    
provided in this ,act1 this ,act shall  
take effect on the date that is #a year 
after the date of enactment of this     
,act4