S. 4349

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4349 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4349

To ensure responsible age assurance practices within the mobile 
ecosystem, particularly concerning the protection of minors, and for 
other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 20, 2026

Mr. Moran (for himself and Ms. Rosen) introduced the following bill; 
which was read twice and referred to the Committee on Commerce, 
Science, and Transportation

_______________________________________________________________________

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 DISTRIBUTION PROVIDER 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, an adult, or as 
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.--
(A) In general.--The term ``application'' means a 
software program that is--
(i) 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
(ii) distributed through an application 
distribution provider.
(B) Exclusions.--The term ``application'' does not 
include--
(i) websites or internet browser 
extensions; or
(ii) software with a primary purpose of 
extending the functionality of an internet 
browser.
(5) Application distributor.--The term ``application 
distributor''--
(A) means a software application that distributes 
applications from developers to users of a connected 
device; and
(B) does not include an internet browser.
(6) Application distribution provider.--The term 
``application distribution provider'' means an entity, company, 
or organization that owns, operates, or controls an application 
distributor.
(7) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(8) 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 
applications.
(9) Covered application.--
(A) In general.--The term ``covered application''--
(i) means an application--
(I) that is not an application 
distributor; and
(II) for which a developer 
provides, whether legally required or 
not--
(aa) a different experience 
for adults than for minors; or
(bb) an experience that is 
intended only for adults; and
(ii) includes an application for which a 
developer provides different account types, 
content, or features, or engages in different 
advertising or data practices, depending on a 
user's age.
(B) Exclusion.--The term ``covered application'' 
does not include an internet browser or online search 
engine.
(10) Covered website.--
(A) In general.--The term ``covered website'' means 
a website that provides a URL-accessible or web version 
of a covered application.
(B) Exclusion.--The term ``covered website'' does 
not include an internet browser or online search 
engine.
(11) Developer.--The term ``developer'' means any person, 
entity, company, or organization that creates, owns, or 
controls an application.
(12) Minor.--The term ``minor'' means an account holder who 
is or is estimated to be under the age of 18.
(13) Personalized advertising.--
(A) In general.--The term ``personalized 
advertising'' means the displaying of an advertisement 
to an account holder that is selected based on personal 
data obtained from the account holder's activities over 
time and across non-affiliated websites or online 
applications to predict such account holder's 
preferences or interests.
(B) Exclusion.--The term ``personalized 
advertising'' does not include--
(i) advertising based on an account 
holder's activities within a developer's own 
application or applications;
(ii) advertising based on the context of an 
account holder's current interaction with an 
application;
(iii) advertising directed to an account 
holder in response to the account holder's 
direct request for information or feedback; or
(iv) the processing of personal data solely 
for measuring or reporting advertising 
performance, reach, or frequency.

TITLE I--APPLICATION DISTRIBUTION PROVIDER 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 access an age signal where the account 
holder or the account holder's parent has agreed to share such 
age signal.
(b) Rules of Construction.--Nothing in this section shall be 
construed to--
(1) preclude an application distribution provider from 
using multiple commercially reasonable methods to obtain, 
estimate, or provide the age category of an account holder; or
(2) restrict an application distribution provider's ability 
to satisfy the requirements of 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.--
(1) Obligations.--An application distribution provider 
shall do the following:
(A) Provide a minor account holder's parent with 
the ability to prevent the minor from acquiring or 
using a developer's covered application from the 
application distributor.
(B) Provide developers with the ability 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.
(C) Comply with the obligations described in 
subsection (b) with respect to any covered applications 
for which the application distribution provider is also 
the developer.
(D) Not use data collected from third-party covered 
applications in the course of compliance with this 
section to give the application distribution provider's 
own applications preference relative to those of third 
parties, or to otherwise use such data in an anti-
competitive manner.
(2) Rule of construction.--Nothing in this section shall be 
construed to prevent an application distribution provider from 
creating a user interface or centralized page for minor account 
holders' parents to block categories by age rating of covered 
applications based on the content and features of the covered 
application.
(b) Developers of Covered Applications.--
(1) In general.--A developer of a covered application shall 
do the following:
(A) Report to the application distribution provider 
whether the application of the developer provides a 
different experience for adult users than for minor 
users or is intended only for adults.
(B) With respect to any covered application that is 
authorized to be used by a minor, provide information 
regarding privacy and online safety settings to help 
parents support minors using such application.
(C) Use commercially reasonable efforts to 
determine whether a user is an adult or a minor with a 
reasonable level of certainty in accordance with 
paragraph (2).
(D) 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.
(E) 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.
(F) Not deliver personalized advertising to minors.
(G) With respect to an age signal requested by a 
developer from an application distribution provider 
regarding use of a covered application, the developer--
(i) shall request the minimum amount of 
information needed for purposes of compliance 
with this Act;
(ii) may not willfully disregard any 
information regarding an individual's age or 
age category that is otherwise available to the 
developer;
(iii) 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
(iv) may not use the age signal for any 
purpose beyond that intended by this Act, 
including using the age signal to obtain or 
attempt to obtain a user's date of birth.
(H) In the event that a developer uses a method 
other than an age signal provided by an application 
distribution provider to satisfy the requirements of 
this section, the developer--
(i) shall request the minimum amount of 
information needed for purposes of compliance 
with this Act;
(ii) may not willfully disregard any 
information regarding an individual's age or 
age category that is available to the 
developer;
(iii) 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
(iv) may not use age data for any purpose 
beyond that intended by this Act, including 
using age data to obtain or attempt to obtain a 
user's date of birth.
(2) Commercially reasonable effort.--
(A) In general.--Subject to subparagraph (B), for 
the purposes paragraph (1)(C), an age signal provided 
to a developer by an application distribution provider 
shall be considered a commercially reasonable effort.
(B) Exception.--With respect to an application that 
is intended only for adults and is required by law to 
restrict access to adults, an age signal provided to a 
developer by an application distribution provider that 
indicates a user is--
(i) a minor shall be a sufficient basis to 
block access to such application; or
(ii) 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.
(c) Special Rules.--
(1) Common control.--If a developer and an application 
distribution provider are controlled by the same entity, the 
developer may rely on age determinations made by that entity.
(2) Applicability to covered websites.--A developer of a 
covered website shall have the same requirements as a developer 
of a covered application under this Act and may carry over or 
repurpose an age signal received from an application 
distribution provider under section 101(a)(4) to fulfill such 
requirements with respect to the developer's covered website.

TITLE II--LIABILITY AND ENFORCEMENT

SEC. 201. LIMITATIONS ON LIABILITY.

(a) Application Distribution Providers.--An application 
distribution provider that makes a good faith effort to comply with the 
obligations of this Act (as determined by the Commission or a court 
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 
distribution provider policies.
(b) Developers.--
(1) Sole liability for determining whether an application 
is a covered application.--A developer shall be solely 
responsible for correctly identifying whether an application of 
the developer is a covered application under this Act. No 
application distribution provider is required to proactively 
identify a covered application, and an application distribution 
provider shall not be held liable in cases where a developer 
provides inaccurate information about its applications.
(2) Erroneous age signal.--A developer of a covered 
application 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 on the date that is 2 years after the 
date of its enactment.
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