I 
119TH CONGRESS 
1ST SESSION H. R. 3149 
To safeguard children by providing parents with clear and accurate informa-
tion about the apps downloaded and used by their children and to 
ensure proper parental consent is achieved, and for other purposes. 
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. 
Be it enacted by the Senate and House of Representa-
tives 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. Definitions. 
Sec. 3. App store obligations. 
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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. 
SEC. 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 indi-
vidual 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 indi-
vidual 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 cat-
egory 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 devel-
oper. 
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(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 devel-
oper’’ 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 facili-
tates the download onto a mobile device of an app 
from a third-party developer by a user of a com-
puter, 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. 
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(9) KNOW.—The term ‘‘know’’ means to have 
actual knowledge or willful disregard. 
(10) MINOR.—The term ‘‘minor’’ means an in-
dividual who has not attained 18 years of age. 
(11) MOBILE DEVICE.—The term ‘‘mobile de-
vice’’ means a phone or general purpose tablet that 
provides cellular or wireless connectivity, is capable 
of connecting to the Internet, runs a mobile oper-
ating 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, pro-
vides common services for mobile device programs, 
controls memory allocation, and provides interfaces 
for applications to access device functionality. 
(13) PARENT.—The term ‘‘parent’’, with re-
spect to a minor, means an adult with the legal right 
to make decisions on behalf of the minor, includ-
ing— 
(A) a natural parent; 
(B) an adoptive parent; 
(C) a legal guardian; or 
(D) an individual with legal custody over 
the minor. 
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(14) PARENTAL ACCOUNT.—The term ‘‘paren-
tal account’’ means an account with a covered app 
store provider that is— 
(A) verified to be established by an indi-
vidual who the app store provider has deter-
mined 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 fol-
lowing information that is provided to a parent be-
fore 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 pur-
chase’s age rating; and 
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(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 Chil-
dren’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 ‘‘signifi-
cant 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, in-
cluding in-app purchases or advertisements; or 
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(E) changes the app’s user experience or 
functionality in a manner that a reasonable in-
dividual would view as material. 
(19) VERIFIABLE
PARENTAL
CONSENT.—The 
term ‘‘verifiable parental consent’’ means authoriza-
tion 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, spe-
cific, informed, and unambiguous agreement. 
SEC. 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 indi-
vidual; and 
(B) verify the individual’s age category 
using a commercially available method or proc-
ess that is reasonably designed to ensure accu-
racy; 
(2) if the age verification method or process de-
termines the individual is a minor— 
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(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 be-
fore allowing the minor to download or pur-
chase 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 re-
vokes 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 
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(B) safeguarding personal data related to 
age verification by adopting reasonable adminis-
trative, technical, and physical safeguards to se-
cure the collection, processing, storage, and 
transmission of this data, including through in-
dustry-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, wheth-
er the covered app store provider has obtained 
verifiable parental consent. 
(b) RULES OF CONSTRUCTION.—Nothing in this sec-
tion 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 mate-
rial to minors, to block or filter spam, to prevent 
criminal activity, or to protect the security of an app 
store or app; 
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(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 unlaw-
ful; or 
(4) to affect or restrict the expression of polit-
ical, religious, or other viewpoints. 
SEC. 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 ob-
tained; 
(2) notify a covered app store provider of a sig-
nificant change to the app; and 
(3) request age category data or verifiable pa-
rental consent— 
(A) at the time a potential app user 
downloads or purchases an app; 
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(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 con-
sent— 
(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 ac-
count transfer or misuse outside the verified age cat-
egory; 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-re-
lated restrictions; 
(2) ensure compliance with applicable laws and 
regulations; and 
(3) implement any app developer-created fea-
tures or defaults. 
(d) RESTRICTIONS.—An app developer may not— 
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(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 infor-
mation in the parental consent disclosure; or 
(3) share age category data with an unaffiliated 
third party that is not a service provider or proc-
essor. 
(e) APP AGE RATING.—If an app developer provides 
an age rating or description of an app’s content to a cov-
ered 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. 
SEC. 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 pro-
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viders and app developers in complying with the re-
quirements of this Act. 
(2) LIMITATIONS.— 
(A) NO CONFERRING OF RIGHTS OR BIND-
ING
EFFECT.—Any guidance issued by the 
Commission with respect to this Act shall not 
confer any rights on any person, State, or local-
ity, nor shall such guidance operate to bind the 
Commission or any person to the approach rec-
ommended 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 Com-
mission 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 re-
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view 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 re-
quirements and does not permit or is able 
to quickly remedy any method of circum-
venting such requirements, submit to Con-
gress and make publicly available on the 
website of the Commission a notice certi-
fying 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 require-
ments of section 3 makes a significant change to any 
policy of such provider that is relevant to such re-
quirements, such provider shall notify the Commis-
sion of such change to ensure that the change does 
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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 certifi-
cation. 
(c) COMPLAINTS.— 
(1) IN GENERAL.—The Commission shall estab-
lish 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 mecha-
nism described in paragraph (1) and, if necessary, 
evaluate the covered app store provider’s certifi-
cation of compliance under subsection (b)(1). 
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of this Act or a regulation promulgated there-
under 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.— 
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(1) IN GENERAL.—The Commission shall en-
force 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 enti-
tled 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. 
SEC. 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 
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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 Commis-
sion— 
(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 gen-
eral determines that it is not feasible to 
provide the notice described in that sub-
paragraph before the filing of the action. 
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(ii) NOTIFICATION.—In an action de-
scribed 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 Com-
mission 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 
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(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 Com-
mission for a violation of this Act, no State may, during 
the pendency of that action, institute an action under sub-
section (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 sub-
section (a) may be brought in the district court of 
the United States that meets applicable require-
ments 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. 
SEC. 8. SAFE HARBOR. 
(a) IN GENERAL.—An app developer is deemed not 
liable for a violation of this Act if the app developer dem-
onstrates it has— 
(1) relied in good faith on age verification data 
provided by a covered app store provider or it ob-
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tained 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 in-
dustry 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. 
SEC. 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 sub-
section shall be construed as preempting, displacing, or 
supplanting contract or tort law. 
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SEC. 10. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of this Act, and the application of such provision to 
other persons not similarly situated or to other cir-
cumstances, 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. 
Æ 
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