[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5007 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5007
To restore competition in online search and digital advertising
markets, to prevent exclusionary conduct by covered platforms, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2026
Ms. Klobuchar (for herself and Mr. Schmitt) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To restore competition in online search and digital advertising
markets, to prevent exclusionary conduct by covered platforms, 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 ``Securing Enforcement of Americans'
Right to Competition at Home Act of 2026'' or the ``SEARCH Act of
2026''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Ads data.--The term ``ads data'' means any information
related to a covered platform's election, ranking, and
placement of search ads in response to queries, including any
user-side data used in that process.
(2) AI search.--The term ``AI search'' is a form of general
search engine that uses generative AI, in conjunction with a
search index, to generate responses to a user query or prompt
or other content that may provide links or citations to source
material.
(3) Choice screen.--The term ``choice screen'', with
respect to a choice of default general search engine, means a
user interface that allows a user to select their option from a
fair and clearly presented list that is designed in a neutral
manner, without default pre-selection, preferential ranking,
graphic emphasis, or other form of presentation that favors one
option over another.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Competitor.--The term ``competitor'' means a provider
of, or potential entrant into the market for providing, a
general search engine, AI search, or search ads in the United
States.
(6) Control.--The term ``control'', with respect to an
entity, means--
(A) ownership of, or the power to vote, more than
50 percent of the outstanding shares of any class of
voting security of the entity;
(B) control in any manner over the election of a
majority of the directors of the entity, or of
individuals exercising similar functions; or
(C) the power to exercise influence over the
management of the entity.
(7) Covered platform.--The term ``covered platform'' means
any entity that--
(A) offers, or controls an entity that offers, a
general search engine, AI search, or search ads in the
United States;
(B) offers a general search engine or AI search
through any platform, service, device, browser, or
operating system not exclusively owned, operated, or
controlled by the entity; and
(C) during any period in the preceding 12 months,
has monthly active users in the United States accessing
the general search engine or AI search, through the
means described in clause (i), equal to not less than
40 percent of the population of the United States over
the age of 12, as determined by the most recent
decennial census of population conducted by the Bureau
of the Census.
(8) Data.--
(A) In general.--The term ``data''--
(i) means any information, in any form,
that is collected, derived, generated, or
otherwise obtained by a covered platform in
connection with the offering or operation of a
general search engine, AI search, or search
ads;
(ii) includes ads data, user-side data,
ranking signals, information contained in or
derived from a search index, search results
page composition and layout data, and data
relating to implementation of any requirement
under this Act, including the implementation or
performance of choice screens required under
section 8; and
(iii) does not include trade secrets or
proprietary source code that are not used as
inputs to or outputs of a general search
engine, AI search, or search ads.
(B) Rule of construction.--Nothing in this
definition shall be construed to require a covered
platform to disclose--
(i) information that identifies, or could
reasonably be used to identify, a specific
individual, except to the extent such
information has been de-identified in
accordance with the standards established under
section 5(e); or
(ii) information linking multiple queries
or sessions to a single user or device.
(9) Device.--The term ``device'' means a smartphone,
tablet, laptop, desktop, or other device that allows a user to
access a general search engine or AI search.
(10) Generative ai.--The term ``generative AI'' means a
type of artificial intelligence that creates new content
including, but not limited to, text, images, code,
classifications, and other media using machine learning models.
(11) General search engine.--The term ``general search
engine'' means a software or service that retrieves and ranks
results from a search index and provides links to websites and
other information in response to a user query or prompt,
including services that use generative AI.
(12) Monthly active users.--The term ``monthly active
users'' means the number of unique end users in the United
States that submitted 1 or more search queries or prompts to a
general search engine or AI search offered by the covered
platform during a calendar month.
(13) Publisher.--The term ``publisher'' means a person that
owns or controls the legal right to any information published
or otherwise made available on any software, application,
interface, digital product, browser, service, or operating
system.
(14) Qualified competitor.--The term ``qualified
competitor'' means a competitor that offers or intends to offer
a general search engine, AI search, or search ad solution that
has a valuation greater than \1/3\ of the size-of-transaction
threshold under section 7A(a)(2) of the Clayton Act (15 U.S.C.
18a) at the time of such offer or intent to offer.
(15) Ranking signals.--The term ``ranking signals'' means
variables, weights, or other factors that affect how items on a
search engine results page are selected, positioned, and ranked
in response to a user query or prompt and include signals
derived from user engagement, content quality,
authoritativeness, freshness, and relevance.
(16) Search access point.--The term ``search access point''
means any software, application, interface, digital product,
browser, service, or operating system feature through which a
user can--
(A) submit a general search query or prompt; or
(B) receive a response to a general search query or
prompt.
(17) Search ad.--The term ``search ad'' means an
advertisement, including images and video, that appear near
non-advertising search results or links on a search engine
results page or that is displayed in connection with summaries
of organic search results created by AI search.
(18) Search engine results page.--The term ``search engine
results page'' means results provided by a general search
engine, in response to a user query, including links and other
features and content, including from a broad index of the
search index.
(19) Search index.--The term ``search index'' means a
database or other data structure that stores and organizes
information about online content and resources collected by web
crawling, data feeds, licensing, or partnerships from which a
covered platform selects information to rank, retrieve, or
condition results or responses to users in response to queries
or prompts.
(20) User-side data.--The term ``user-side data'' means
data obtainable from users in the United States, through a
search engine's interaction with the user's device, including
software running on that device, by automated means.
SEC. 3. PROHIBITIONS ON EXCLUSIONARY CONDUCT.
(a) No Preferential Treatment or Payments.--A covered platform may
not provide payments, incentives, or anything else of value to any
entity that displays or provides access to the products or services of
the covered platform, including distributors, device makers, or browser
developers, for--
(1) preferential treatment of a general search engine, AI
search, or search access point relative to competitors;
(2) making or maintaining any general search engine or AI
search as a default within a new or existing search access
point;
(3) preventing or inhibiting the use of any general search
engine or AI search competitor; or
(4) pre-installation, placement, or default status of any
general search engine, AI search, or search access point.
(b) No Exclusive Agreements.--A covered platform may not enter into
or enforce any existing agreement with a publisher or distributor
that--
(1) prevents a competitor from accessing data from the
publisher or distributor;
(2) provides ``most favored nation'' status to the covered
platform; or
(3) includes any provision that would require the publisher
or distributor to give the covered platform more favorable
terms than those made available to any competitor.
(c) No Conditional Access.--A covered platform may not condition
access to app stores, operating systems, or other products or services
on the distribution of its own general search engine, search ads, or
other advertising products and services.
(d) No Revenue Sharing Tied to Exclusivity.--A covered platform may
not pay distributors based on usage, revenue, or other factors that
incentivize or incorporate metrics relating to default status for its
own general search engine, search access point, or AI search products
or services.
(e) Prior Approval of Acquisitions and Investments in Relevant
Markets.--A covered platform shall--
(1) obtain prior written approval from the Commission for
any acquisition, investment, or joint venture involving a
competitor in a general search engine, AI search, or search ads
product when such acquisition, investment, or joint venture--
(A) is valued in excess of the size-of-transaction
threshold under section 7A(a)(2) of the Clayton Act (15
U.S.C. 18a(a)(2)); or
(B) regardless of value, would--
(i) confer on the covered platform control
of, or the ability to exercise material
influence over, a competitor; or
(ii) grant the covered platform exclusive
or preferential access to a competitor's
computational resources, training data, search
index, or distribution, on terms not made
available to other competitors; and
(2) provide not less than 60 days advance notice to the
attorney general of any State or territory where the covered
platform offers products or services before closing such
acquisition, investment, or joint venture.
SEC. 4. PROHIBITIONS ON SELF-PREFERENCING.
(a) Self-Preferencing in Search.--A covered platform shall not use
its control over a general search engine, AI search, or search ads on a
search access point to advantage its own services, products, or
content, including through--
(1) preferential placement, ranking, or display;
(2) exclusive or preferential access to features,
functionality, or data;
(3) degradation of competitors or competing services,
products, or content; or
(4) user interface or user design experiences that
systematically bias the general search engine, search ads, AI
search, or generative AI products or services of the covered
platform over those of competitors.
(b) Self-Preferencing on Other Platforms.--A covered platform shall
not use its ownership or control of browsers, operating systems,
devices, or other products or services to preference the general search
engine, AI search, or search ads products or services of the covered
platform.
SEC. 5. DATA SHARING REQUIREMENTS.
(a) Search Index Access.--Each covered platform shall provide
qualified competitors with non-discriminatory access to the search
index and associated ranking signals of the covered platform.
(b) User-Side Data Access.--Each covered platform shall provide
qualified competitors with nondiscriminatory access to user-side data,
with privacy safeguards in accordance with subsection (e).
(c) Ads Data Access.--Each covered platform shall provide qualified
competitors with non-discriminatory access to all data used to select,
rank, and place search ads.
(d) Prohibition on Conditioning Access.--A covered platform shall
not condition a publisher's inclusion, ranking, or participation in any
core service, such as search indexing, on the publisher's consent to
the use of their content for separate services, including ad targeting
or the training of generative AI products.
(e) Data Sharing Mechanisms.--Each covered platform shall provide
data to qualified competitors as follows:
(1) Access to data shall be provided at marginal cost via
an application programming interface in a machine-readable
format and updated not less frequently than once per week.
(2) Data shall be filtered to remove individuals'
personally identifying information, including--
(A) addresses, social security numbers, credit card
numbers, phone numbers, email addresses; and
(B) metadata attributes that are not generalized,
including any location data at a ZIP Code level.
(3) Qualified competitors shall agree to contractual
protections and restrictions prohibiting re-identification and
limiting unrestricted onward transfers of data.
(f) Exception.--If the majority of the monthly active users of a
covered platform come from any platform, service, device, browser, or
operating system not exclusively owned, operated, or controlled by the
covered platform, the data sharing obligations under subsections (a)
through (e) do not apply.
SEC. 6. MANDATORY SYNDICATION.
(a) Search Syndication.--A covered platform shall license search
results, ranking signals, and related features to qualified competitors
at marginal cost, under the following terms:
(1) Syndicated content.--Covered platforms shall include
local, maps, video, images, and knowledge panel search feature
content on any user interface under the control, operation, or
ownership of a qualified competitor, including on mobile and
desktop computing environments.
(2) Technical obligations.--Covered platforms shall--
(A) make syndicated content available via an
application program interface;
(B) provide responses with latency and reliability
equivalent to what the covered platform's general
search engine or related products receive; and
(C) only implement such measures as are necessary
to protect brand integrity, user security, and system
stability.
(3) Protections for qualified competitors.--The following
protections shall apply:
(A) Covered platforms shall not impose restrictions
on how a qualified competitor may use, display, or
integrate syndicated results into its own products or
services, including integration with any generative AI
product.
(B) Covered platforms shall not retain or use the
syndicated queries or related metadata for any
commercial or competitive purpose.
(C) Qualified competitors may choose which queries
and components to request and how to display them.
(D) Qualified competitors shall have discretion as
to what information is shared with a covered platform.
(E) Qualified competitors shall have access to
syndicated content for not less than 10 years from the
date a license is entered into with a covered platform.
(4) Rules.--The Commission may promulgate rules necessary
to implement the requirements of this subsection.
(b) Ads Syndication.--A covered platform shall license search ad
inventory to qualified competitors on a nondiscriminatory basis for
renewable 1-year periods, under the following terms:
(1) Technical obligations.--The technical obligations under
subsection (a)(2) shall apply.
(2) Protections for qualified competitors.--The protections
for qualified competitors under subsection (a)(3) shall apply.
(3) Rules.--The Commission may promulgate rules necessary
to implement the requirements of this subsection.
SEC. 7. ADVERTISER TRANSPARENCY.
(a) Transparency.--To enhance transparency, the following shall
apply:
(1) Advertisers shall have access to query-level reports on
cost-per-click, keyword triggers, and search engine results
page position.
(2) Advertisers shall be able to export all ad campaign
data in real time.
(3) Covered platforms shall provide exact-match keyword and
negative keyword options.
(4) Covered platforms shall report all material changes to
their search ad auctions to the Commission on a monthly basis.
(b) Rules.--The Commission may promulgate rules necessary to
implement the requirements of this section.
SEC. 8. USER CHOICE REQUIREMENTS.
(a) Expressing Search Preference.--
(1) In general.--On all browsers, devices, and search
access points owned, operated, or controlled by a covered
platform, users shall be presented with a choice screen--
(A) at initial device setup, browser installation,
or account creation; and
(B) at least once annually thereafter.
(2) Ranking and selection.--Qualified competitors presented
on a choice screen shall be randomly ranked and selected for
inclusion by objective, transparent, and non-pay-to-play
criteria, such as--
(A) United States market share (based on publicly
verifiable data or independent assessment); and
(B) consent to participate and provide technical
compatibility.
(3) Selection reporting.--A covered platform shall make
available data on the number of impressions and selections that
occurred on each choice screen, segmented by device, operating
system, and browser, via real-time application programming
interfaces.
(b) Defaults on New Devices.--No covered platform may preinstall,
or require third parties to install, its own general search engine as
the default on new devices.
(c) Easy Switching.--
(1) In general.--For any search access point under a
covered platform's ownership, operation, or control, the
covered platform shall provide--
(A) a permanent and easily accessible setting for
users to switch defaults; and
(B) support for the ability to switch defaults via
a prompt from a competing app or website operated by a
qualified competitor.
(2) Easily accessible.--For purposes of paragraph (1), a
setting shall not be considered ``easily accessible'' if the
process to change a default setting is materially more
difficult than the process to set up, access, or use the
covered platform's own corresponding product or service.
(d) Public Education Fund.--The Commission, in consultation with
State attorneys general, may require contributions by covered platforms
to fund user education relating to general search engine and AI search
choice in an amount equivalent to not more than 0.05 percent of the
United States annual revenue of the covered platforms.
(e) Commission Guidance.--Not later than 180 days after the date of
enactment of this Act, the Commission shall issue non-binding guidance
on best practices for designing and reporting user choice requirements.
SEC. 9. ENFORCEMENT.
(a) Civil Action.--
(1) In general.--The Commission, the Attorney General, or
any attorney general of a State may enforce this Act only
through a civil action brought before a district court of the
United States.
(2) Commission independent litigation authority.--If the
Commission has reason to believe that a person violated this
Act, the Commission may commence a civil action, in its own
name by any of its attorneys designated by it for such purpose,
to recover a civil penalty under paragraph (f), in a district
court of the United States. Except as otherwise provided in
section 16(a)(3) of the Federal Trade Commission Act (15 U.S.C.
56(a)(3)), the Commission shall have exclusive authority to
commence or defend, and supervise the litigation of, any civil
action under this paragraph and any appeal of such action in
its own name by any of its attorneys designated by it for such
purpose, unless the Commission authorizes the Attorney General
to do so. The Commission shall inform the Attorney General of
the exercise of such authority, and such exercise shall not
preclude the Attorney General from intervening on behalf of the
United States in such action and any appeal of such action as
may be otherwise provided by law.
(b) Certification of Compliance.--Not later than March 31 of each
calendar year, each covered platform shall submit to the Commission a
certification of compliance that includes--
(1) a sworn statement certified under penalty of perjury by
a compliance officer of the entity that--
(A) the covered platform is in compliance with the
requirements of this Act; or
(B) identifies with specificity any provision with
which the covered platform is not in full compliance
and describes the steps being taken to achieve
compliance; and
(2) monthly active user data for each month of the
preceding calendar year, calculated as described in section
2(6)(B), disaggregated by general search engine and AI search.
(c) Optional Certification of Non-Coverage.--Any entity that offers
a general search engine, AI search, or search ads in the United States
may submit to the Commission, not later than March 31 of each calendar
year, a certification of non-coverage with this Act that includes--
(1) monthly active user data for each month of the
preceding calendar year, calculated as described in section
2(6)(B), or if the entity is unable to measure monthly active
users directly, other research or survey data that demonstrates
the entity did not meet the threshold set forth in that section
at any time during the preceding 12-month period; and
(2) a sworn statement that the entity is not a covered
platform, certified under penalty of perjury by a senior
officer of the entity, attesting to the accuracy and
completeness of the data submitted.
(d) Confidentiality.--Certifications and supporting data submitted
under this section shall be treated as confidential commercial
information.
(e) Compliance Officers.--Each covered platform shall appoint an
internal compliance officer who shall certify annual compliance with
this Act.
(f) Penalties.--Any covered platform found to violate this Act
shall be subject to a civil penalty of not more than 15 percent of
United States annual revenue of the covered platform.
(g) Internal Antitrust, Anti-Spoliation, and Compliance
Education.--
(1) Training required.--A covered platform shall annually
provide not less than 10 hours of in-person training on
antitrust laws, legal obligations to preserve evidence in
anticipation of litigation, and compliance with this Act, in
consultation with the Commission, to--
(A) all chief-level executives;
(B) any employee who is serving or has served as
the covered platform's general counsel or president of
global affairs;
(C) all employees in the covered platform's legal
department; and
(D) all employees subject to a litigation hold in
any proceeding to enforce or challenge this Act.
(2) Penalty for failure to complete.--Any employee required
to complete the training described in paragraph (1) who fails
to complete such training shall be personally subject to a
civil penalty of not more than 10 percent of their total annual
compensation, including salary and stock awards or options.
SEC. 10. REMEDIES.
(a) In General.--When determining a remedy for, or in a final
judgment addressing any violation of, section 2 of the Sherman Act, in
addition to any other civil or criminal penalties provided under any
applicable section of law, such remedy or final judgment shall--
(1) unfetter the relevant market or markets from the harm
caused by the violation;
(2) terminate the illegal monopoly or monopolies;
(3) deny to the defendant the fruits of its statutory
violations; and
(4) ensure there remain no practices in place that are
likely to result in a future violation by the defendant of
section 2 of the Sherman Act.
(b) Consideration of Effects.--In any civil action brought under
section 9(a) of this Act, the court shall not consider, deem relevant,
or be constrained by any effects on markets, products, or services
outside of the relevant market or markets that were the subject of the
underlying violation.
SEC. 11. STANDING.
Notwithstanding any other provision of law, if the Commission,
Department of Justice, or any of their officials fail to defend this
Act in any challenge to its validity, constitutionality, or
enforceability, the attorney general of any State may intervene in any
court action challenging this Act for the purpose of such defense. The
reasonable fees and costs of defending the action shall be charged
jointly to the Commission and Department of Justice, and shall be
satisfied promptly.
SEC. 12. ENFORCEMENT AND JUDICIAL REVIEW.
All rules and guidance promulgated pursuant to this Act shall be
promulgated in accordance with the requirements of, and be subject to
judicial review in accordance with, chapter 5 of title 5, United States
Code.
SEC. 13. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to limit--
(1) any authority of the Department of Justice or the
Commission under the antitrust laws (as defined in the first
section of the Clayton Act (15 U.S.C. 12)), the Federal Trade
Commission Act (15 U.S.C. 41 et seq.), or any other provision
of law;
(2) the application of any other provision of law; or
(3) any equitable remedies available under any other
provision of law.
SEC. 14. SEVERABILITY.
If any provision of this Act, or the application of such a
provision to any person or circumstance, is held to be unconstitutional
or otherwise invalid or unenforceable, the remaining provisions of this
Act, and the application of such provisions to any person or
circumstance shall not be affected thereby.
SEC. 15. EFFECTIVE DATE; SUNSET; TERMINATION OF OBLIGATIONS.
(a) Effective Date.--
(1) Prohibitions.--Sections 3 and 4 shall take effect on
the date that is 90 days after the date of enactment of this
Act.
(2) Data sharing and transparency.--Sections 5 through 8
shall take effect--
(A) with respect to an entity that is a covered
platform as of the date of enactment of this Act, on
the date that is 1 year after such date of enactment;
and
(B) with respect to an entity that is not a covered
platform as of the date of enactment of this Act, on
the date that is 1 year after the date the entity
becomes a covered platform.
(b) Sunset.--This Act shall cease to be effective on the date that
is 10 years after the date of enactment of this Act, unless Congress
extends such period.
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