SAFE for Kids Act of 2026
Sponsored By: Senator Banks, Jim [R-IN]
Introduced
Summary
Would require mandatory age verification for commercial online sexual content to keep minors away from material deemed harmful. It would set how verification must work, limit data use, create FTC and DOJ enforcement paths, and let people sue for violations.
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- Covered commercial entities would have to block minor access when a material proportion of their sexual content is harmful or when profits are tied to violations, using approved checks like digital identification or a commercial age verification system. They may hire third parties to do the checks but may not retain or sell verification data.
- Families and users would face fewer chances of exposure because platforms must enforce age checks. Individuals harmed by violations would have a private right of action to seek remedies.
- Enforcement and oversight would rest with the Federal Trade Commission, which could treat violations as unfair or deceptive acts, and the Department of Justice, which could pursue knowing violations with civil and criminal penalties including fines and possible imprisonment. The bill would also require joint reporting to Congress with an initial report within one year and then every three years.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Age checks and privacy for kids
If enacted, the bill would define key terms that decide which sites must follow the law. It would require covered commercial entities to verify a user is 18 or older before showing sexual material harmful to minors. Verification must come from a digital ID or a commercial age verification system. The bill would bar covered companies and their age-check contractors from keeping or selling any data collected for those checks. The definitions (like "covered commercial entity" and what counts as harmful sexual material) would decide who faces these rules.
Enforcement, criminal penalties, and lawsuits
If enacted, the bill would make violations an unfair or deceptive act under the FTC Act and direct the FTC to write and enforce rules. The Attorney General could investigate and prosecute knowing violations, and must coordinate with the FTC. The bill would let any individual, including a parent or guardian, sue a covered commercial entity for violations and seek damages and attorney fees. Criminal penalties could include fines under title 18 and up to five years in prison. Aggravated fines up to $750,000 for an individual or $1,500,000 for an organization apply if at least 100,000 minors accessed harmful material, more than $1,000,000 in profits were tied to the violation, or the entity attempted to obstruct investigations. The Commission must report to Congress within one year, and every three years after that.
No liability for basic internet providers
If enacted, the bill would say that an internet service provider, search engine, or cloud provider may not be held to have violated the law solely for providing access or connection to a covered commercial entity. The protection applies only when the provider is only supplying access, conduit, or connection services.
Sponsors & CoSponsors
Sponsor
Banks, Jim [R-IN]
IN • R
Cosponsors
Sen. Moreno, Bernie [R-OH]
OH • R
Sponsored 6/10/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov