No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6333 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6333
To ensure responsible age assurance practices within the mobile
ecosystem, particularly concerning the protection of minors, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2025
Mr. Auchincloss (for himself and Mrs. Houchin) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To ensure responsible age assurance practices within the mobile
ecosystem, particularly concerning the protection of minors, 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 ``Parents Over
Platforms 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.
TITLE I--APPLICATION DISTRIBUTOR AND DEVELOPER RESPONSIBILITIES
Sec. 101. Age assurance.
Sec. 102. Application distributor and developer obligations.
TITLE II--LIABILITY AND ENFORCEMENT
Sec. 201. Limitations on liability.
Sec. 202. Enforcement.
Sec. 203. Preemption.
Sec. 204. Severability.
Sec. 205. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adult.--The term ``Adult'' means an account holder who
is or is estimated to be 18 years of age or older.
(2) Age category.--The term ``Age Category'' means
categorization of an individual based on age or estimated age,
including a description of the user as a Minor, Adult, or being
within a given age range.
(3) Age signal.--The term ``Age Signal'' means a signal
that indicates an account holder's Age Category, which the
account holder or the account holder's parent has agreed to
share.
(4) Application.--The term ``Application'' means a software
program that is--
(A) designed to be run on a Connected Device, and
to perform, or to help the user perform a specific task
on the Connected Device; and
(B) distributed through an Application Distribution
Provider.
The term does not include websites or internet Browser
extensions, or software with a primary purpose of extending the
functionality of an internet Browser.
(5) Application distributor.--The term ``Application
Distributor'' means a software application that distributes
Applications from Developers to users of a Connected Device.
The term does not include internet Browsers.
(6) Application distribution provider.--The term
``Application Distribution Provider'' means an entity, company,
or organization that owns, operates, or controls an Application
Distributor.
(7) Connected device.--The term ``Connected Device'' means
a smartphone, tablet, gaming console, or virtual reality device
that enables users to connect to the internet and download
software applications.
(8) Covered application.--The term ``Covered Application''
means an Application that is not an Application Distributor and
that a Developer provides, whether legally required or not, a
different experience for Adults than for Minors or an
experience that is intended only for Adults. This includes, but
is not limited to, Developers that provide different account
types, content, or features or engage in different advertising
or data practices depending on a user's age. The term does not
include internet Browsers or Online Search Engines.
(9) Developer.--The term ``Developer'' means any person,
entity, company, or organization that creates, owns, or
controls an Application.
(10) Minor.--The term ``Minor'' means an account holder who
is or is estimated to be under the age of 18.
(11) Covered website.--The term ``Covered Website'' means a
website that provides a URL-accessible or web version of a
Covered Application. The term does not include internet
Browsers or Online Search Engines.
(12) Personalized advertising.--``Personalized
Advertising'' means displaying advertisements to an account
holder where the advertisement is selected based on personal
data obtained from that account holder's activities over time
and across non-affiliated websites or online applications to
predict such account holder's preferences or interests.
``Personalized Advertising'' does not include:
(1) Advertising based on an account holder's activities
within a Developer's own Application or Applications;
(2) Advertising based on the context of an account holder's
current interaction with an Application;
(3) Advertising directed to an account holder in response
to the account holder's direct request for information or
feedback; or
(4) The processing of personal data solely for measuring or
reporting advertising performance, reach, or frequency.
TITLE I--APPLICATION DISTRIBUTOR AND DEVELOPER RESPONSIBILITIES
SEC. 101. AGE ASSURANCE.
(a) Responsibilities of Application Distribution Providers.--An
Application Distribution Provider--
(1) shall ask account holders to declare their age when
creating an account with the Application Distribution Provider;
(2) may use commercially reasonable efforts to obtain the
Age Category of an account holder with a reasonable level of
certainty;
(3) may provide account holders with a mechanism to obtain
their Age Category and the ability to request an update if they
believe their Age Category is incorrect; and
(4) shall provide Developers of Covered Applications the
technical ability to call an Age Signal where the account
holder or the account holder's parent has agreed to such
sharing.
(b) Rule of Construction.--
(1) Nothing in this section shall be construed to preclude
an Application Distribution Provider from using multiple
commercially reasonable methods to obtain, estimate, or provide
the Age Category of an account holder.
(2) Nothing in this section shall be construed to restrict
an Application Distribution Provider's ability to satisfy this
section by obtaining a Minor account holder's age from the
Minor's parent.
SEC. 102. APPLICATION DISTRIBUTOR AND DEVELOPER OBLIGATIONS.
(a) Application Distribution Providers.--An Application
Distribution Provider--
(1) shall provide the account holder's parent with the
ability to prevent account holders who are not Adults from
acquiring or using the Developer's Covered Application from the
Application Distributor;
(2) shall provide the Developer of a Covered Application
with the ability to prevent account holders who are not Adults
from acquiring or using the Developer's Covered Application
from the Application Distributor.
(A) Nothing in this section shall prevent
Application Distribution Providers from creating a user
interface or centralized page for account holder's
parents to block categories by age rating of Covered
Applications based on the content and features of the
Covered Application.
(2) shall provide the capability to Developers to provide
information regarding their relevant parental controls for a
Covered Application through a centralized product page or user
interface, hosted by the Application Distribution Provider,
that provides relevant information about a Covered Application;
(3) shall comply with the obligations set out in subsection
(b) for its own Covered Applications for which the Application
Distribution Provider is also the Developer; and
(4) shall not use data collected from third-party Covered
Applications in the course of compliance with this section to
give the Application Distribution Provider preference relative
to those of third parties, or to otherwise use such data in an
anticompetitive manner.
(b) Developers of Covered Applications.--A Developer of a Covered
Application--
(1) shall report to the Application Distribution Provider
whether their Applications provide a different experience for
Adults than for users who are not Adults or is intended only
for Adults;
(2) shall provide information regarding privacy and online
safety settings to help parents support Minors using their
Covered Applications, unless their Application is intended only
for Adults and blocks Minors;
(3) shall use commercially reasonable efforts to determine
whether a user is an Adult or a Minor with a reasonable level
of certainty;
(A) For the purposes of this section, an Age Signal
provided by an Application Distribution Provider shall
be considered a commercially reasonable effort, unless
a Developer's Application is intended only for Adults
and blocks Minors and is required by law to restrict
access to Adults, in which case--
(i) an Age Signal provided by an
Application Distribution Provider indicating a
user is a Minor shall be sufficient basis to
block access; and
(ii) an Age Signal provided by an
Application Distribution Provider indicating a
user is an Adult shall not, by itself, satisfy
the requirement to determine whether a user is
an Adult with a reasonable level of certainty,
including for purposes of other laws that
require access restrictions based on age.
(4) shall make a reasonable effort to ensure that users who
are Minors cannot engage in any activity that has been
restricted by the developer for Adults only;
(5) shall obtain consent prior to permitting Minor account
holders from accessing a Covered Application or portion thereof
that the Developer has designated as unsuitable for use by
Minors without parental guidance or supervision, or from
accessing content that is age-gated by law;
(6) shall not deliver personalized advertising to Minors;
and
(7) if the Developer determines that it is a Covered
Application, and chooses to call an Age Signal facilitated by
an Application Distribution Provider to satisfy the
requirements of this section, the Developer--
(A) shall request the minimum amount of information
needed for purposes of compliance with this Act;
(B) may not willfully disregard any information
regarding an individual's age or Age Category that is
otherwise available to the Developer;
(C) may not share the information obtained from the
Age Signal with third parties, except for a service
provider, but only if necessary for such service
provider to implement safety measures or privacy
protections for minors or otherwise required to do so
by law; and
(D) may not use the Age Signal for any purpose
beyond that intended by this Act, including but not
limited to using the Age Signal to back into or attempt
to back into a user's date of birth.
(8) if the Developer uses a method other than an Age Signal
provided by an Application Distribution Provider to satisfy the
requirements of this section, the Developer--
(A) shall request the minimum amount of information
needed for purposes of compliance with this Act;
(B) may not willfully disregard any information
regarding an individual's age or Age Category that is
available to the Developer;
(C) may not share the information obtained in the
course of complying with this section with third
parties, except for a service provider, but only if
necessary for such service provider to implement safety
measures or privacy protections for minors or otherwise
required to do so by law; and
(D) may not use age data for any purpose beyond
that intended by this Act, including but not limited to
using age data to back into or attempt to back into a
user's date of birth.
(c) Rule of Construction.--If the Developer and an Application
Distribution Provider are controlled by the same entity, the Developer
may rely on age determinations made by that entity.
(d) Rule of Construction.--Developers of Covered websites shall
have the same requirements as Developers of Covered Applications in
this Act and may carry over to Covered websites an Age Signal received
from an Application Distribution Provider to fulfill such requirements.
TITLE II--LIABILITY AND ENFORCEMENT
SEC. 201. LIMITATIONS ON LIABILITY.
(a) Application Distribution Providers and Operating System
Providers.--An Application Distribution Provider or Operating System
Provider that makes a good faith effort to comply with the obligations
of this Act, taking into consideration available technology, shall not
be liable under any provision of this Act, or otherwise liable for its
actions taken in attempt to comply with this Act, including but not
limited to the following with regard to facilitation of the provision
of an Age Signal:
(1) Any erroneous Age Signal.
(2) Any conduct by a Developer of a Covered Application
that receives any Age Signal.
(3) Failing to provide an Age Signal due to any reasonable
technical limitations or outages that prevent the provision of
the Age Signal upon request.
(4) Not providing the Age Signal to Developers that do not
adhere to reasonable safety standards and Application
Distributor policies.
(b) Developers.--A Developer of a Covered Application--
(1) as between the Developer of a Covered Application and
the Application Distribution Provider, is solely liable for
correctly identifying whether their Applications are Covered
Applications under this Act. No Application Distributor is
required to proactively identify Covered Applications, and an
Application Distributor will not be held liable in cases where
a Developer provides inaccurate information about its
Applications; and
(2) shall not be liable for an erroneous Age Signal
provided by an Application Distribution Provider, if the
Developer makes a reasonable effort, taking into consideration
available technology, to properly use the Age Signal and carry
out commercially reasonable methods to obtain or estimate the
age of an account holder.
SEC. 202. ENFORCEMENT.
(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.
SEC. 203. PREEMPTION.
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.
SEC. 204. SEVERABILITY.
If any provision of this Act or the application of any provision to
any person or circumstance is held invalid by a final decision of a
court of competent jurisdiction, the remainder of this Act shall be
given effect without the invalid provision or application.
SEC. 205. EFFECTIVE DATE.
This Act shall take effect not later than 24 months after the date
of its enactment.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by Voice Vote.
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