SEARCH Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5007 Introduced in Senate (IS)]

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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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