S. 4741

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4741 Introduced in Senate (IS)]

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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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