S. 5007 — SEARCH Act of 2026

This section defines terms for the Act, including ads data, AI search, choice screen, covered platform (an entity offering general search or AI search with at least 40 percent of the U.S. population over age 12 as monthly active users), data, general search engine, qualified competitor (valuation exceeding one-third of the Clayton Act size-of-transaction threshold), and search ad.

This section prohibits covered platforms from providing payments or incentives for preferential treatment, default status, pre-installation, or exclusion of competing general search engines, AI search products, or search access points. It bars exclusive agreements with publishers or distributors that restrict competitor data access, grant most-favored-nation status, or require more favorable terms than those offered to competitors. It also prohibits conditioning access to app stores or operating systems on distribution of the platform’s own search or advertising products, and revenue sharing tied to default status or usage metrics. The section requires prior Commission approval for acquisitions, investments, or joint ventures involving competitors above the Clayton Act size-of-transaction threshold or conferring control or exclusive access to computational resources, training data, or distribution, with at least 60 days advance notice to state attorneys general.

This section prohibits covered platforms from using control over a general search engine, AI search, or search ads to advantage their own services, products, or content through preferential placement or ranking, exclusive access to features or data, degradation of competitors, or biased user interfaces or designs. It also bars using ownership or control of browsers, operating systems, or devices to preference the platform’s own search engine, AI search, or search ads products.

This section requires covered platforms to provide qualified competitors with non-discriminatory access to their search index and ranking signals, user-side data, and all data used to select, rank, and place search ads. It mandates weekly API access at marginal cost in machine-readable format after removal of personally identifying information, prohibits conditioning publisher participation in core services on consent to use content for ad targeting or generative AI training, and exempts platforms where a majority of monthly active users access the service through third-party devices or browsers.

This section requires covered platforms to license search results, ranking signals, and related features to qualified competitors at marginal cost. It mandates inclusion of local, maps, video, images, and knowledge panel content on competitors’ interfaces via API with equivalent latency and reliability, bars platforms from restricting use or retaining query data, grants competitors discretion over requests and display plus a minimum 10-year license term, and extends the same syndication rules to search ad inventory on a nondiscriminatory basis for renewable one-year periods.

This section requires covered platforms to provide advertisers with query-level reports on cost-per-click, keyword triggers, and search engine results page position, and to allow real-time export of all ad campaign data. It also mandates exact-match keyword and negative keyword options and requires monthly reports to the Commission on all material changes to search ad auctions. The Commission may issue implementing rules.

This section requires covered platforms to present users with a choice screen for selecting a general search engine at initial device setup, browser installation, or account creation and at least annually thereafter, with competitors ranked by objective criteria such as U.S. market share. It prohibits preinstalling a platform’s own search engine as the default on new devices. It mandates permanent, easily accessible settings to switch defaults and support for prompts from qualified competitors. It authorizes the Commission to require covered platforms to contribute up to 0.05 percent of annual U.S. revenue to a public education fund on search and AI choice. It directs the Commission to issue non-binding guidance within 180 days.

This section authorizes the Commission, the Attorney General, and state attorneys general to enforce the Act through civil actions in district courts, with the Commission holding independent litigation authority to seek penalties. It requires each covered platform to submit an annual compliance certification by March 31, including a sworn statement and monthly active user data disaggregated by general search engine and AI search, and to appoint an internal compliance officer. It imposes civil penalties of up to 15 percent of United States annual revenue for violations and requires covered platforms to provide 10 hours of annual in-person training on antitrust laws, evidence preservation, and compliance to chief executives, general counsel, legal department employees, and those under litigation holds, with personal penalties of up to 10 percent of annual compensation for failure to complete training. Certifications and data are treated as confidential commercial information.

This section requires that any remedy or final judgment for a violation of section 2 of the Sherman Act unfetter the relevant market from harm caused by the violation, terminate the illegal monopoly, deny the defendant the fruits of its violations, and prevent practices likely to cause future violations. It also bars courts in civil actions under section 9(a) from considering effects on markets, products, or services outside the relevant market.

This section authorizes the attorney general of any State to intervene in court actions challenging the validity, constitutionality, or enforceability of this Act if the Commission, the Department of Justice, or their officials fail to defend it. It requires the Commission and Department of Justice to pay the reasonable fees and costs of such defense.

This section requires all rules and guidance issued under the Act to be promulgated and subject to judicial review in accordance with the Administrative Procedure Act (chapter 5 of title 5, United States Code).

This section preserves the authority of the Department of Justice and the Commission under the antitrust laws, the Federal Trade Commission Act, and other provisions of law. It also preserves the application of any other law and any equitable remedies available under other law.

This section provides that if any provision of the Act is held unconstitutional, invalid, or unenforceable, the remaining provisions and their application to any person or circumstance remain in effect.

This section delays the prohibitions in sections 3 and 4 until 90 days after enactment. It delays the data sharing and transparency requirements in sections 5 through 8 until 1 year after enactment for covered platforms existing on the date of enactment and until 1 year after an entity becomes a covered platform for all others. The Act terminates 10 years after enactment unless Congress extends the period.