The Artificial Intelligence Access, Gatekeeper Exchange, and Nondiscriminatory Transfer Act of 2026, or AI AGENT Act, seeks to foster competition and lower consumer switching costs across various online services. It achieves this by granting users the right to designate "custodial user agents" (CUAs) to manage their online interactions, e-commerce decisions, content, and account settings on large online platforms. These platforms are defined as those with over 50 million U.S. customers or subscribers monthly. Large online platform providers are mandated to maintain transparent, third-party-accessible interfaces to facilitate CUA delegation. They must offer access to these agents on fair, reasonable, and nondiscriminatory terms , including providing necessary documentation for interoperability. If a platform offers its own CUA-like service, it must provide a functionally equivalent interface to competing CUAs. Platforms may establish reasonable fees or usage limitations for CUA access, provided they are proportional to the cost, complexity, and risk involved. Custodial user agent providers must register with the Federal Trade Commission (FTC), which will establish rules for authentication and revocation of CUA access. CUAs are bound by strict duties, including safeguarding user data, acting solely in the user's best interest, and prohibiting the use of user data for advertising or other secondary commercial purposes. They must also maintain real-time records of actions taken on behalf of the user and cannot delegate authority without explicit user consent. The FTC is responsible for promulgating regulations to implement the Act within one year, in coordination with other financial regulatory bodies. The National Institute of Standards and Technology (NIST) will identify or develop open protocols to enhance CUA accessibility across diverse online services like social media, e-commerce, and AI. Violations of the Act will be treated as unfair or deceptive acts or practices, with the FTC empowered to enforce compliance and assess fines, considering each affected user as an individual violation. The Act also establishes an interagency working group to address potential harms from CUA misuse.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Science, Technology, Communications
AI AGENT Act of 2026
USA119th CongressS-5051| Senate
| Updated: 7/21/2026
The Artificial Intelligence Access, Gatekeeper Exchange, and Nondiscriminatory Transfer Act of 2026, or AI AGENT Act, seeks to foster competition and lower consumer switching costs across various online services. It achieves this by granting users the right to designate "custodial user agents" (CUAs) to manage their online interactions, e-commerce decisions, content, and account settings on large online platforms. These platforms are defined as those with over 50 million U.S. customers or subscribers monthly. Large online platform providers are mandated to maintain transparent, third-party-accessible interfaces to facilitate CUA delegation. They must offer access to these agents on fair, reasonable, and nondiscriminatory terms , including providing necessary documentation for interoperability. If a platform offers its own CUA-like service, it must provide a functionally equivalent interface to competing CUAs. Platforms may establish reasonable fees or usage limitations for CUA access, provided they are proportional to the cost, complexity, and risk involved. Custodial user agent providers must register with the Federal Trade Commission (FTC), which will establish rules for authentication and revocation of CUA access. CUAs are bound by strict duties, including safeguarding user data, acting solely in the user's best interest, and prohibiting the use of user data for advertising or other secondary commercial purposes. They must also maintain real-time records of actions taken on behalf of the user and cannot delegate authority without explicit user consent. The FTC is responsible for promulgating regulations to implement the Act within one year, in coordination with other financial regulatory bodies. The National Institute of Standards and Technology (NIST) will identify or develop open protocols to enhance CUA accessibility across diverse online services like social media, e-commerce, and AI. Violations of the Act will be treated as unfair or deceptive acts or practices, with the FTC empowered to enforce compliance and assess fines, considering each affected user as an individual violation. The Act also establishes an interagency working group to address potential harms from CUA misuse.