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

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.

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).

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.

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.

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.