[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4741 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4741
To require certain commercial entities to implement age verification
methods.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2026
Mr. Banks (for himself and Mr. Moreno) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require certain commercial entities to implement age verification
methods.
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 ``Safety and Age Filtering Enforcement
for Kids Act of 2026'' or the ``SAFE for Kids Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial age verification system.--The term
``commercial age verification system'' means a system that--
(A) verifies the age of an individual by using--
(i) government-issued identification;
(ii) a reasonable method that relies on
public or private transactional data; or
(iii) any other method or document that
reliably and accurately indicates if a user of
a covered commercial entity is a minor; and
(B) can be used to prevent a minor from accessing
the sexual material harmful to minors of a covered
commercial entity.
(2) Commercial entity.--The term ``commercial entity''--
(A) means a corporation, limited liability company,
partnership, limited partnership, sole proprietorship,
or other legally recognized business entity;
(B) includes a social media platform; and
(C) does not include a news-gathering organization
that as its primary business publishes bona fide news
or public interest broadcasts, website videos, reports,
or events.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Covered commercial entity.--The term ``covered
commercial entity''--
(A) means a commercial entity that knowingly and
intentionally publishes or distributes on an internet
website material, of which greater than \1/3\ of which
is sexual material harmful to minors, as determined by
the Commission; and
(B) includes any officer, director, or employee of
a commercial entity described in subparagraph (A) while
engaged in the performance of the duties of the
individual as an officer, director, or employee.
(5) Digital identification.--The term ``digital
identification'' means information stored on a digital network
that--
(A) may be accessed by a covered commercial entity;
and
(B) serves as a reasonable indication of the age of
an individual.
(6) Distribute.--The term ``distribute'' means to issue,
sell, give, provide, deliver, transfer, transmute, circulate,
or disseminate by any means.
(7) Minor.--The term ``minor'' means an individual who is
under 18 years of age.
(8) Publish.--The term ``publish'' means to communicate or
make information available to another person on a publicly
available internet website.
(9) Sexual material harmful to minors.--The term ``sexual
material harmful to minors'' means any material that--
(A) the average individual applying contemporary
community standards would find, taking the material as
a whole and with respect to minors, is designed to
appeal to or pander to the prurient interest;
(B) in a manner patently offensive with respect to
minors, exploits, is devoted to, or principally
consists of descriptions of, actual, simulated, or
animated displays or depictions of sexual acts or
sexual contact as defined in section 2246 of title 18,
United States Code; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
(10) Transactional data.--The term ``transactional data''
means a sequence of information that documents an exchange,
agreement, or transfer between an individual, commercial
entity, or third party.
SEC. 3. AGE VERIFICATION REQUIREMENTS.
(a) In General.--
(1) Preventing minors from accessing sexual material
harmful to minors.--Using the information provided in paragraph
(2), a covered commercial entity shall prevent any minor from
accessing sexual material harmful to minors.
(2) Age verification.--In order to verify that an
individual attempting to access sexual material harmful to
minors published or distributed by a covered commercial entity
is not a minor, such covered commercial entity shall require
such individual to--
(A) provide digital identification; or
(B) verify their age through a commercial age
verification system.
(b) Use of Third Parties.--A covered commercial entity may contract
with a third party to comply with the requirements described in
subsection (a).
(c) Privacy.--A covered commercial entity or third party described
in subsection (b) may not retain or sell any information collected
pursuant to subsection (a)(2).
SEC. 4. APPLICABILITY.
An internet service provider, a search engine provider, a cloud
service provider, or an affiliate or subsidiary of such a provider may
not be held to have violated this Act solely for providing access or
connection to a covered commercial entity.
SEC. 5. ENFORCEMENT.
(a) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act shall be treated as a violation of a rule defining an
unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this Act and any
regulation promulgated thereunder 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.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any covered commercial entity that
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.
(C) Common carriers.--Notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade Commission Act (15
U.S.C. 44, 45(a)(2), 46) or any jurisdictional
limitation of the Commission, the Commission shall also
enforce this Act or a regulation promulgated
thereunder, in the same manner provided in
subparagraphs (A) and (B), with respect to common
carriers subject to the Communications Act of 1934 (47
U.S.C. 151 et seq.) and all Acts amendatory thereof and
supplementary thereto.
(D) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(E) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States
Code, such rules as may be necessary to carry out this
Act.
(b) Enforcement by the Department of Justice.--
(1) Criminal enforcement.--The Attorney General may
initiate a criminal investigation of a covered commercial
entity that the Attorney General has reason to believe, and may
initiate a prosecution of a covered commercial entity that the
Attorney General determines, is knowingly violating, or has
knowingly violated, this Act.
(2) Criminal penalties.--Any covered commercial entity that
knowingly violates this Act--
(A) shall be fined under title 18, United States
Code, imprisoned for not more than 5 years, or both; or
(B) shall be fined not more than $750,000, if an
individual, or $1,500,000, if an organization,
imprisoned for not more than 5 years, or both, if--
(i) the violation resulted in access to
sexual material harmful to minors by not less
than 100,000 minors;
(ii) the covered commercial entity had
profits of more than $1,000,000 during any year
that were attributable to the violation; or
(iii) the covered commercial entity engaged
in efforts to deceive the Attorney General or
the Commission or obstruct an investigation of
an alleged violation of this Act.
(3) Coordination with the ftc.--The Attorney General shall
consult with the Commission to assess evidence of knowing
violations of this Act and coordinate parallel civil and
criminal enforcement actions, where appropriate.
(c) Private Right of Action.--
(1) In general.--Any individual, including the parent or
legal guardian of a minor, may bring a civil action against a
covered commercial entity in violation of this Act in a court
of competent jurisdiction.
(2) Relief.--In a civil action brought under paragraph (1)
in which the plaintiff prevails, the court may award--
(A) declaratory or equitable relief;
(B) compensatory damages;
(C) punitive damages; and
(D) reasonable attorney's fees and litigation
costs.
SEC. 6. JOINT REPORTING AND OVERSIGHT.
Not later than 1 year after the date of enactment of this Act, and
every 3 years thereafter, the Commission, in coordination with the
Attorney General, shall submit to Congress a report that describes--
(1) the number of investigations regarding violations of
this Act that began during the reporting period;
(2) the number of actions brought under subsections (a) and
(b) of section 5, the amount of civil penalties and criminal
fines assessed, and the periods of imprisonment imposed in such
actions; and
(3) any trends or challenges regarding compliance with this
Act and the enforcement thereof.
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