AI AGENT Act of 2026 (S.5051, Artificial Intelligence Access, Gatekeeper Exchange, and Nondiscriminatory Transfer Act)
Issued by
United States Senate
- September 30, 2026 · Correction — Rewrote the entry from the introduced bill (S.5051): correct title, introduction date, 50 million user threshold, who registers, and FTC Act enforcement (fact-check finding). (Cody Maxwell)
- October 1, 2026 · Correction — Rewrote the practical steps, newsletter hook, search description, and audience fields to match the entry's corrected content. (Cody Maxwell)
The AI AGENT Act (S.5051), introduced on 21 July 2026, would let users of large online platforms delegate AI agents to act for them. Platforms would have to provide access interfaces, and agent providers would register with the FTC.
Applies To
Overview
Senator Mark Warner released a discussion draft on 29 June 2026 and introduced the bill as S.5051 on 21 July 2026. It was referred to the Senate Commerce, Science, and Transportation Committee. The bill aims to promote competition and reduce consumer switching costs in online services. It would give each user of a large online platform the right to designate custodial user agents to manage their interactions, purchases, content, and account settings. A large online platform has more than 50 million US customers or subscribers in a month. These platforms would have to keep transparent interfaces that such agents can use. A custodial user agent is software a user expressly authorizes to act for them in a transparent, documented, scope-limited, and revocable way. Agent providers must register with the FTC before their agents use platform interfaces. The FTC would set rules within 180 days so access requests are verifiable and users can revoke delegations. Violations would be treated as unfair or deceptive acts or practices under the FTC Act, enforced by the FTC.
Key Requirements
- •Large online platforms (over 50 million US users) must keep interfaces that let users delegate custodial AI agents.
- •Users can authorize agents to manage their interactions, purchases, content, and account settings on those platforms.
- •Agent providers must register with the FTC before their agents access platform interfaces.
- •The FTC must set rules within 180 days so access requests are verifiable and users can easily revoke delegations.
- •Violations count as unfair or deceptive practices under the FTC Act.
- •The bill was introduced on 21 July 2026 and sits with the Senate Commerce Committee.
What Your Organization Must Do
- →Track S.5051 in the Senate Commerce, Science, and Transportation Committee, since the bill is not law yet.
- →Estimate whether your platform exceeds 50 million US customers or subscribers in a month.
- →Map which account functions an outside AI agent could handle: purchases, content, and settings.
- →Review whether your products would count as custodial user agent software needing future FTC registration.
- →Brief product and engineering teams on interfaces that let users delegate and revoke agent access.
- →Prepare comments for any Federal Trade Commission rulemaking that would follow enactment.
Playbook Guidance
Step-by-step implementation guidance for compliance teams.
Frequently Asked Questions
- Does the AI AGENT Act require FTC registration before or after deploying a custodial AI agent?
- Before: an agent provider must register with the FTC before any of its agents access a platform's delegation interface. The FTC may let providers register through self-attestation.
- Which organizations are covered under the AI AGENT Act?
- Registration falls on custodial user agent providers, including a user running an agent for themselves. Platform duties fall on providers of large online platforms with over 50 million US users.
- What are the penalties for non-compliance with the AI AGENT Act?
- Violations would be treated as breaking an FTC rule on unfair or deceptive acts or practices. That brings the FTC Act's civil penalties and enforcement powers.
- How does the AI AGENT Act define which platforms are covered?
- A large online platform has more than 50 million US customers or subscribers in any month of the prior year. There is no revenue threshold.
- What must large platforms do under the AI AGENT Act?
- They must keep transparent interfaces through which users can delegate agents on the same terms as the user. The FTC sets rules so requests are verifiable and users can revoke delegations easily.
- What is the AI AGENT Act's status?
- Senator Mark Warner introduced it on 21 July 2026, after a June discussion draft. It was referred to the Senate Commerce, Science, and Transportation Committee.