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Bill

S 4741

SAFE for Kids Act of 2026

119th Congress Introduced by Jim Banks and 1 co-sponsor

Requires covered online platforms to verify users’ ages to block minors from accessing material harmful to minors, with privacy protections and penalties.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 4741

Summary of Bill: S.4741 (119th Congress) — SAFE for Kids Act of 2026

Purpose and intent

  • Establishes a framework to require certain online commercial entities to verify the age of users and prevent minors from accessing sexual material harmful to minors.
  • Aims to reduce minor exposure to explicit content by mandating age verification for access to material deemed harmful to minors.

Key provisions and changes

  • Definitions (Section 2)

    • Creates a definition for a commercial age verification system: must verify age using government-issued ID, reasonable transactional data, or other reliable methods, and must help prevent minors from accessing sexual material harmful to minors.
    • Defines commercial entity to include corporations, LLCs, partnerships, sole proprietorships, and social media platforms; excludes bona fide news/genuinely public-interest content providers.
    • Defines covered commercial entity as those that knowingly publish or distribute on an internet site material that is more than 13% sexual material harmful to minors, with liability extending to officers, directors, and employees.
    • Introduces terms for digital identification, minor, publish, distribute, and sexual material harmful to minors (aligned with typical standards involving prurient content, explicit sexual depictions, and lack of serious value for minors).
    • Defines transactional data as information documenting exchanges or transfers between individuals, entities, or third parties.

  • Age verification requirements (Section 3)

    • General rule: Covered entities must prevent minor access to sexual material harmful to minors and verify age using either digital identification or a commercial age verification system.
    • Use of third parties: Entities may contract with third parties to meet age verification requirements. Privacy protection: Entities and verification providers may not retain or sell the information collected for age verification.

  • Applicability (Section 4)

    • ISPs, search engines, cloud providers, and their affiliates/subsidiaries are not to be deemed in violation solely for providing access or connection to a covered commercial entity.

  • Enforcement (Section 5)

    • FTC enforcement: Violations are treated as unfair or deceptive acts or practices under the FTC Act. The FTC will enforce with its existing powers; penalties and immunities apply similarly to other FTC actions. Special note for common carriers (telecommunications) to be enforceable under the same framework. Criminal enforcement (DOJ): AG may investigate and prosecute willful violations; penalties include:
    • Fines under federal criminal statutes, possible imprisonment up to 5 years.
    • Additional civil penalties: up to $750,000 per violation for individuals, up to $1,500,000 for organizations, with enhanced penalties if:
    • Access to sexual material harmful to minors by at least 100,000 minors occurred,
    • The entity had profits over $1,000,000 attributable to the violation,
    • The entity engaged in efforts to deceive or obstruct investigations.
    • Coordination: DOJ to coordinate with the FTC on cases. Private right of action: Individuals (including parents/guardians) can sue a covered entity in civil court. Available remedies include declaratory or equitable relief, compensatory and punitive damages, and attorneys’ fees.

  • Joint reporting and oversight (Section 6)

    • The FTC, in coordination with the DOJ, must issue a joint report to Congress within 1 year of enactment and every 3 years thereafter.
    • Reports cover investigations initiated, actions taken, penalties collected, imprisonment periods, and trends or challenges in compliance and enforcement.

Who would be affected

  • Covered commercial entities: Entities that publish or distribute material on their websites where more than 13% is sexual material harmful to minors. This includes many online platforms, potentially including social media sites that meet the threshold.
  • Officers, directors, and employees of those entities—liable when acting in the performance of their duties.
  • Third-party verification providers: Allowed to be contracted to satisfy age verification requirements.
  • Individuals and guardians: Eligible to file private civil actions for violations.
  • Internet infrastructure providers (ISPs, search engines, cloud providers, and affiliates) are protected from liability solely for providing access to covered sites.

Timeline and procedural aspects

  • The bill was introduced on June 10, 2026, and referred to the Senate Committee on Commerce, Science, and Transportation.
  • If enacted, a joint report would be due within 1 year of enactment and every 3 years thereafter.
  • Rules and implementation would be carried out by the FTC, with potential parallel criminal actions by the DOJ; enforcement includes both civil (FTC and private actions) and criminal penalties.

Note on scope and considerations

  • The bill creates a broad framework for mandatory age verification tied to access to sexual material harmful to minors, with privacy protections limiting retention or sale of verification data.
  • It sets stringent penalties for violations, including substantial civil and criminal penalties tied to specific harm thresholds and profits.
  • It establishes a cooperative enforcement model between the FTC and DOJ, and includes protections for infrastructure providers who merely facilitate access.

If you’d like, I can provide a concise one-page briefing or a side-by-side comparison with current law and related privacy/child-protection statutes.

Compiled from official sources — confirm details with the bill’s official record.

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