,i #aaith ,,congress #ast ,session ,h4 ,r4 #fdhi ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjbe ,mrs4 ,houchin introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to ensure that providers of chatbots clearly and conspicuously disclose to users who are minors that chatbots are artificial intelligence systems1 not natural person1 and do not provide advice from licensed professionals1 and for other proposes4 #a4 ,short title ,this ,act may be cited as the ,safeguarding ,adolescents ,from ,exploitative ,b,o,ts ,act or the ,,safe ,b,o,ts ,act4 #b4 ,requirements for chatbots used by minors 7a7 ,certain statements prohibited ,a chatbot provider may not provide to a covered user a chatbot that states to the covered user that the chatbot is a licensed professional 7unless such statement is true74 7b7 ,disclosure required 7#a7 ,in general ,a chatbot provider shall clearly and conspicuously disclose1 in accordance with paragraphs 7#b7 and 7#c71 to each covered user of a chatbot of such provider notice of the following3 7,a7 ,the chatbot is an artificial intelligence system and not a natural person4 7,b7 ,resources for contacting a suicide and crisis intervention hotline4 7#b7 ,timing 7,a7 ,,ai system disclosure ,a disclosure under paragraph 7#a77;,a7 shall be made-- 7i7 at the initiation of the first interaction of a covered user with a chatbot2 and 7ii7 at any point at which1 during an interaction of a covered user with a chatbot1 the covered user prompts the chatbot about whether the chatbot is an artificial intelligence system4 7,b7 ,crisis resources disclosure ,a disclosure under paragraph 7#a77;,b7 shall be made at any point at which1 during an interaction of a covered user with a chatbot1 the covered user prompts the chatbot about suicide or suicidal ideation4 7#c7 ,use of plain language ,a disclosure under paragraph 7#a7 shall be made in a clear1 age-appropriate1 and plain language manner that is reasonably understandable by a minor4 7c7 ,policies required ,a chatbot provider shall establish1 implement1 and maintain reasonable policies1 practices1 and procedures-- 7#a7 to ensure that a chatbot of the provider advises a covered user to take a break from the chatbot at the point at which a continuous and uninterrupted interaction of the covered user with the chatbot has lasted for #c hours2 and 7#b7 to address1 with respect to covered users-- 7,a7 sexual material harmful to minors2 7,b7 gambling2 and 7,c7 the distribution1 sale1 or use of illegal drugs1 tobacco products1 or alcohol4 7d7 ,effective date ,subsections 7a71 7b71 and 7c7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 7e7 ,enforcement by federal trade commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a71 7b71 or 7c7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of commission ,the ,federal ,trade ,commission shall enforce subsections 7a71 7b71 and 7c7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 ,any person who violates subsection 7a71 7b71 or 7c7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,authority preserved ,nothing in this subsection may be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7f7 ,actions by states 7#a7 ,in general ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of such ,state has been or is threatened or adversely affected by an act or practice in violation of subsection 7a71 7b71 or 7c71 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate ,state court or an appropriate district court of the ,united ,states to-- 7,a7 enjoin such act or practice2 7,b7 enforce compliance with such subsection2 7,c7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7,d7 obtain such other legal and equitable relief as the court may consider to be appropriate4 7#b7 ,notice ,before filing an action under this subsection1 the attorney general1 official1 or agency of the ,state involved shall provide to the ,federal ,trade ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general1 official1 or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action1 the attorney general1 official1 or agency shall provide written notice of the action and a copy of the complaint to the ,federal ,trade ,commission immediately upon the filing of the action4 7#c7 ,authority of federal trade commission 7,a7 ,in general ,on receiving notice under paragraph 7#b7 of an action under this subsection1 the ,federal ,trade ,commission shall have the right-- 7i7 to intervene in the action2 and 7ii7 upon so intervening-- 7,i7 to be heard on all matters arising therein2 and 7,,ii7 to file petitions for appeal4 7,b7 ,limitation on state action while federal action is pending ,if the ,federal ,trade ,commission or the ,attorney ,general of the ,united ,states has instituted a civil action for violation of subsection 7a71 7b71 or 7c7 7referred to in this subparagraph as the ,federal action71 no ,state attorney general1 official1 or agency may bring an action under this subsection during the pendency of the ,federal action against any defendant named in the complaint in the ,federal action for any violation of such subsection alleged in such complaint4 7#d7 ,rule of construction ,for purposes of bringing a civil action under this subsection1 nothing in this ,act shall be construed to prevent an attorney general1 official1 or agency of a ,state from exercising the powers conferred on the attorney general1 official1 or agency by the laws of such ,state to conduct investigations1 administer oaths and affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7g7 ,study on chatbots and mental health of minors 7#a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,national ,institutes of ,health1 shall conduct a #d-year longitudinal study to evaluate the risks and benefits of chatbots with respect to the mental health of minors1 including with respect to loneliness1 anxiety1 social skill building1 social isolation1 depression1 self-harm1 and suicidal ideation4 7#b7 ,consultation ,in carrying out the study under paragraph 7#a71 the ,secretary shall consult with-- 7,a7 the ,director of the ,national ,institute of ,mental ,health2 7,b7 pediatric mental health experts2 7,c7 technologists2 7,d7 ethicists2 and 7,e7 educators4 7#c7 ,report ,not later than #d years after the date of the enactment of this ,act1 the ,secretary1 acting through the ,director1 shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committees on ,commerce1 ,science1 and ,transportation and ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on the results of the study conducted under paragraph 7#a7 and any related recommendations4 7h7 ,relationship to state laws ,no ,state or political subdivision of a ,state may prescribe1 maintain1 or enforce any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law1 if such law1 rule1 regulation1 requirement1 standard1 or other provision covers a matter described in subsection 7a71 7b71 or 7c74 7i7 ,rule of construction ,nothing in this ,act may be construed to require the affirmative collection by a chatbot provider of any personal information with respect to the age of a user that a chatbot provider is not already collecting in the normal course of business4 7j7 ,severability ,if any provision of this ,act or the application of this ,act to any person or circumstance is held invalid1 the remaining provisions of this ,act and the application of this ,act to other persons or circumstances shall not be affected4 7k7 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given such term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,chatbot ,the term chatbot means an artificial intelligence system1 marketed to and available for use by consumers1 that engages in interactive1 natural-language communication with a user and generates or selects content in response to user inputs 7including text1 voice1 or other inputs7 using a conversational context4 7#c7 ,chatbot provider 7,a7 ,in general ,the term chatbot provider means a person that provides a chatbot directly to a consumer for the use of the consumer1 including through a website1 mobile application1 or other online means4 7,b7 ,limitation ,a person that provides a website1 mobile application1 or other online service that includes a chat function incidental to the predominant purpose of such website1 application1 or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function4 7#d7 ,covered user ,the term covered user means a user of a chatbot if the provider of such chatbot-- 7,a7 has actual knowledge that such user is a minor2 or 7,b7 would know that such user is a minor if not for willful disregard4 7#e7 ,minor ,the term minor means an individual under the age of #ag years4 7#f7 ,sexual material harmful to minors ,the term sexual material harmful to minors means a picture1 image1 graphic image file1 film1 videotape1 or other visual depiction that-- 7,a7 7i7 taken as a whole and with respect to minors1 appeals to the prurient interest in nudity1 sex1 or excretion2 7ii7 depicts1 describes1 or represents1 in a patently offensive way with respect to what is suitable for minors1 an actual or simulated sexual act or sexual contact1 actual or simulated normal or perverted sexual acts1 or lewd exhibition of the genitals2 and 7iii7 taken as a whole1 lacks serious literary1 artistic1 political1 or scientific value as to minors2 or 7,b7 is child pornography4