H.R. 8250 · 119th Congress · House

Parents Decide Act

Active· Referred to the House Committee on Energy and Commerce.
Introduced
Apr 13, 26
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending
119TH CONGRESS2D SESSION

H. R. 8250


A BILL

To require operating system providers to verify the age of any user of an operating system, 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.

This Act may be cited as the Parents Decide Act.

SEC. 2. REQUIRED AGE VERIFICATION FOR USERS OF OPERATING SYSTEMS.

  1. (a)
    Requirements

    An operating system provider, with respect to any operating system of such provider, shall carry out the following:

    1. (1)

      Require any user of the operating system to provide the date of birth of the user in order to—

      1. (A)

        set up an account on the operating system; and

      2. (B)

        use the operating system.

    2. (2)

      If the relevant user of the operating system is under 18 years of age, require a parent or legal guardian of the user to verify the date of birth of the user.

    3. (3)

      Develop a system to allow an app developer to access any information as is necessary, collected by the operating system to carry out this section and any regulation promulgated under this section, to verify the date of birth of a user of an app of the app developer.

  2. (b)
    Safe harbor

    An operating system provider may not be held liable for a violation of a provision of this Act or a regulation promulgated under this Act if the provider follows the requirements described in such provision or regulation.

  3. (c)
    Enforcement by Commission
    1. (1)
      Unfair or deceptive acts or practices

      A violation of this section or a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

    2. (2)
      Powers of Commission

      The Commission shall enforce this section and any regulation promulgated under this section 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. Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

  4. (d)
    Regulations
    1. (1)
      In general

      Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to carry out this section, including regulations relating to the following:

      1. (A)

        How an operating system provider can—

        1. (i)

          verify the date of birth of a parent or legal guardian described in subsection (a)(2); and

        2. (ii)

          carry out the requirements described in subsection (a) with respect to an operating system of such provider that may be shared by individuals of varying ages.

      2. (B)

        Data protection standards related to how an operating system provider shall ensure a date of birth collected by the operating system provider from a user, or the parent or legal guardian of the user, to carry out this section and any regulation promulgated under this section—

        1. (i)

          is collected in a secure manner to maintain the privacy of the user or the parent or legal guardian of the user; and

        2. (ii)

          is not stolen or breached.

      3. (C)

        How an operating system provider shall—

        1. (i)

          ensure an app developer can access information collected by the operating system provider to carry out this section and any regulation promulgated under this section, subject to the data protection standards under subparagraph (B), to verify the date of birth of a user of an app of the app developer; and

        2. (ii)

          ensure the parent or legal guardian of a user of an operating system who is under 18 years of age is allowed to control what such user is allowed to access on a device.

    2. (2)
      Briefing to Congress

      Not later than 180 days after the date of the enactment of this Act, the Commission shall brief Congress on the following information:

      1. (A)

        The rulemaking process of the Commission with respect to such regulations.

      2. (B)

        Any considerations of the Commission with respect to implementing such regulations.

  5. (e)
    Report

    Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress a report on—

    1. (1)

      how operating system providers carry out the requirements described in subsection (a); and

    2. (2)

      any recommendation for legislative action related to updating such requirements.

  6. (f)
    Effective date

    This section, and any regulation promulgated pursuant to subsection (d)(1), shall take effect on the date that is 1 year after the date of the enactment of this Act.

  7. (g)
    Definitions

    In this section:

    1. (1)
      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.

    2. (2)
      App developer

      The term app developer means a person that owns or controls an app that is available for use in the United States.

    3. (3)
      Commission

      The term Commission means the Federal Trade Commission.

    4. (4)
      Operating system

      The term operating system means software that supports the basic functions of a computer, mobile device, or any other general purpose computing device.

    5. (5)
      Operating system provider

      The term operating system provider means a person that develops, licenses, or controls the operating system on a computer, mobile device, or any other general purpose computing device.