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H.R. 3149IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 5 · H.R. 3149

Compliance

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(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 providers and app developers in complying with the requirements of this Act. (2) Limitations (A) No conferring of rights or binding effect Any guidance issued by the Commission with respect to this Act shall not confer any rights on any person, State, or locality, nor shall such guidance operate to bind the Commission or any person to the approach recommended 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 Commission 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 review 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 requirements and does not permit or is able to quickly remedy any method of circumventing such requirements, submit to Congress and make publicly available on the website of the Commission a notice certifying 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 requirements of section 3 makes a significant change to any policy of such provider that is relevant to such requirements, such provider shall notify the Commission of such change to ensure that the change does 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 certification. (c) Complaints (1) In general The Commission shall establish 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 mechanism described in paragraph (1) and, if necessary, evaluate the covered app store provider's certification of compliance under subsection (b)(1).

Sec. 5: Compliance · Public Law Tracker