[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3209 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3209
To prohibit unfair or deceptive acts or practices in the app
marketplace, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2025
Mrs. Cammack introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit unfair or deceptive acts or practices in the app
marketplace, 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 ``App Store Freedom Act''.
SEC. 2. PROTECTING A COMPETITIVE APP MARKET.
(a) Requirements.--
(1) Interoperability.--A covered company that owns or
controls the operating system on which an app store owned or
controlled by the covered company operates shall allow and
provide readily accessible means for a user of such operating
system to--
(A) choose a third-party app or app store as a
default;
(B) install a third-party app or app store through
means other than the app store owned or controlled by
the covered company; and
(C) hide or delete an app or app store provided or
pre-installed by the covered company (or any business
partner of the covered company).
(2) Open app development.--A covered company, in a timely
manner, without cost, and on terms that are equivalent to the
terms of access by the covered company or any business partner
of the covered company, shall provide to a developer of an app
accessible on an operating system, or distributed through an
app store, owned or controlled by the covered company--
(A) access to any interface and hardware and
software feature of the operating system that are
generally available to the covered company and any
business partner of the covered company; and
(B) documentation and development information
sufficient to access any such interface and feature.
(3) Compliance.--A covered company shall be in compliance
with the requirements described under paragraph (2) if that
company--
(A) licenses any intellectual property that the
developer of an app needs to access any interface or
hardware or software feature of such operating system;
or
(B) limits the interfaces and hardware and software
features of the operating system generally available to
the covered company and any businesses partner of the
company to interfaces and hardware and software
features that do not implicate such intellectual
property rights.
(b) Prohibitions.--
(1) Exclusivity and tying.--A covered company may not--
(A) require, as a condition for an app to be
accessible on an operating system or distributed
through an app store that is owned or controlled by the
covered company, that--
(i) a developer of the app use or enable an
in-app payment system owned or controlled by
the covered company or any business partner of
the covered company; or
(ii) pricing or other terms of sale be
equal to or more favorable on such operating
system or app store than on another operating
system or app store; or
(B) take punitive action or otherwise impose less
favorable terms and conditions against a developer of
an app distributed outside of an app store that is
owned or controlled by the covered company--
(i) for using or offering different pricing
or other terms of sale on an app store or
through an in-app payment system that is not
owned or controlled by the covered company; or
(ii) on the basis that such app provides
access to a third-party app that is not owned
or controlled by the covered company through
remote electronic services rather than through
download from an operating system or an app
store that is owned or controlled by the
covered company.
(2) Interference with legitimate business communications.--
(A) In general.--A covered company may not impose
any restriction or fee on the communication of a
developer of an app accessible on an operating system
or distributed through an app store that is owned or
controlled by the covered company with a user of the
app, whether through such app or direct outreach to
such user, concerning legitimate business offers,
including pricing or other terms of sale and product or
service offerings.
(B) Rule of construction.--Nothing in this
paragraph may be construed to prohibit a covered
company from requiring that consent of a user be
obtained prior to collecting and sharing data of the
user through an app accessible on an operating system
or distributed through an app store that is owned or
controlled by the covered company if the apps and
services of the company are subject to the same
consent.
(3) Nonpublic business information.--A covered company may
not use nonpublic business information derived from an app
accessible on an operating system or distributed through an app
store that is owned or controlled by the covered company for
the purpose of competing with such app.
SEC. 3. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act 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) Powers of commission.--Except as provided in paragraph
(3)--
(A) 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; and
(B) any covered company who violates this Act shall
be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(3) Penalties.--
(A) Additional civil penalty.--In addition to any
penalty applicable under the Federal Trade Commission
Act, any covered company who violates this Act shall be
liable for a civil penalty of not more than $1,000,000
for each violation.
(B) Method.--Any civil penalty described in
subparagraph (A) shall be obtained in the same manner
as a civil penalty for 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)).
(4) Authority preserved.--Nothing in this section may be
construed to limit the authority of the Commission under any
other provision of law.
(b) Enforcement by States.--
(1) In general.--If the attorney general of a State, or an
official or agency of a State, has reason to believe that an
interest of the residents of the State has been or is
threatened or adversely affected by an act or practice that
violates this Act, the State may bring a civil action on behalf
of the residents of the State in an appropriate district court
of the United States to obtain appropriate relief.
(2) Rights of commission.--
(A) Notice to commission.--
(i) In general.--Except as provided in
clause (iii), an attorney general, official, or
agency of a State, before filing a civil action
under paragraph (1), shall provide written
notification to the Commission that the
attorney general, official, or agency intends
to bring such civil action.
(ii) Contents.--The notification required
under clause (i) shall include a copy of the
complaint for the civil action.
(iii) Exception.--If it is not feasible for
an attorney general, official, or agency of a
State to provide the notification required
under clause (i) before filing a civil action
under paragraph (1), the attorney general,
official, or agency shall provide the
notification to the Commission immediately upon
the filing of the civil action.
(B) Intervention by commission.--The Commission
may--
(i) intervene in any civil action filed by
an attorney general, official, or agency of a
State under paragraph (1); and
(ii) upon so intervening--
(I) be heard on all matters arising
in the civil action; and
(II) appeal a decision in the civil
action.
(C) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of this Act (referred to in this subparagraph
as the ``Federal action''), no State attorney general,
official, or agency may bring an action under paragraph
(1) during the pendency of the Federal action against
any defendant named in the complaint in the Federal
action for any violation of such Act alleged in such
complaint.
(3) Rule of construction.--For purposes of bringing a civil
action under paragraph (1), nothing in this Act may be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of the State to
conduct investigations, administer oaths or affirmations, or
compel the attendance of witnesses or the production of
documentary or other evidence.
SEC. 4. EFFECT ON STATE LAW.
(a) In General.--A State, or political subdivision of a State, may
not maintain, enforce, prescribe, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law of the State, or political subdivision of the State,
that--
(1) prohibits a covered company from engaging in any
conduct prohibited by section 2; or
(2) requires a covered company to take any action required
by section 2.
(b) Rule of Construction.--This section may not be construed to--
(1) preempt any law of a State or political subdivision of
a State relating to contracts, torts, or unfair competition; or
(2) preempt any law of a State or political subdivision of
a State to the extent that such law relates to an act of fraud,
unauthorized access to personal information, or notification of
unauthorized access to personal information.
SEC. 5. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to limit--
(A) any authority of the Federal Trade Commission
under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), or any other provision of law; or
(B) the application of any Federal law;
(2) to require a covered company--
(A) to provide service under a hardware or software
warranty for damage caused by a third-party app or app
store installed through means other than an app store
owned or controlled by the covered company; or
(B) to provide customer service for the
installation or operation of such a third-party app or
app store;
(3) to prevent an action taken by a covered company that is
reasonably tailored to protect the rights of a person under
section 106, 1101, 1201, or 1401 of title 17, United States
Code, or rights actionable under sections 32 or 43 of the Act
entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly known as the
``Lanham Act'' or the ``Trademark Act of 1946'') (15 U.S.C.
1114, 1125), or corollary State law;
(4) to require a covered company to license any
intellectual property, including any trade secrets, owned by or
licensed to the covered company;
(5) to prevent a covered company from asserting rights of
the covered company under intellectual property law to prevent
the unlawful use of any intellectual property owned by or duly
licensed to the covered company;
(6) to require a covered company to work with or share data
with any person who--
(A) is on any list maintained by the Federal
Government by which entities are identified as limited
or prohibited from engaging in economic transactions as
part of United States sanctions or export control
regimes;
(B) is a foreign entity that has been identified by
the Federal Government as a national security,
intelligence, or law enforcement risk, including the
Government of the People's Republic of China or the
government of a foreign adversary (as defined in
section 8(c)(2) of the Secure and Trusted
Communications Networks Act of 2019 (473 U.S.C.
1607(c)(2))); or
(C) is a foreign adversary controlled application
(as defined in section 2(g)(3) of the Protecting
Americans from Foreign Adversary Controlled
Applications Act (Public Law 118-50; 15 U.S.C. 9901
note)); or
(7) to limit any Federal or State law relating to
antitrust.
SEC. 6. DEFINITIONS.
In this Act:
(1) App.--The term ``app'' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
consumer computing device.
(2) App store.--The term ``app store'' means a publicly
available website, software application, or other electronic
service that may distribute apps from third-party developers to
users of a computer, a mobile device, or any other general
purpose consumer computing device.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Covered company.--The term ``covered company'' means
any person who owns or controls--
(A) an app store for which the number of users in
the United States exceeds 100,000,000; and
(B) the operating system on which such app store
operates.
(5) Developer.--The term ``developer'' means a person who
owns or controls an app or an app store.
(6) In-app payment system.--The term ``in-app payment
system'' means an application, service, or user interface to
manage billing or process a payment from a user of an app.
(7) Nonpublic business information.--The term ``nonpublic
business information'' means nonpublic data that is--
(A) derived from a developer or an app or app store
owned or controlled by a developer, including an
interaction between a user and the app or app store of
the developer; and
(B) collected by a covered company in the course of
operating an app store or providing an operating
system.
(8) Operating system.--The term ``operating system''
includes an operating system configuration.
SEC. 7. GUIDANCE; EFFECTIVE DATE.
(a) FTC Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall issue guidance to assist
covered companies in complying with this Act.
(b) Effective Date.--This Act shall take effect on the date on
which the Commission issues guidance under subsection (a).
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