,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gbah ,,in ,,the ,,house ,,of ,,representatives ,january #bb1 #bjbf,mr4 ,lawler introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require artificial intelligence chatbots to implement age verification measures and establish certain protections for minor users1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,children ,harmed by ,,ai ,technology ,act or the ,,chat ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,companion ,,ai chatbot ,the term companion ,,ai chatbot-- 7,a7 means any software-based artificial intelligence system or program that exists for the primary purpose of simulating emotional interaction1 friendship1 companionship1 or therapeutic communication with a user2 and 7,b7 does not include the following3 7i7 ,a bot that is used only for customer service1 a business operational purpose1 productivity and analysis related to source information1 internal research1 or technical assistance4 7ii7 ,a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health1 self-harm1 sexually explicit conduct1 or maintain a dialogue on other topics unrelated to the video game4 7iii7 ,a stand-alone consumer electronic device that functions as a speaker and voice command interface1 acts as a voice-activated virtual assistant1 and does not sustain a relationship across multiple interactions or generate outputs that are likely to elicit emotional responses in the user4 7#c7 ,covered entity ,the term covered entity means any person that owns1 operates1 or otherwise makes available a companion ,,ai chatbot to individuals in the ,united ,states4 7#d7 ,minor ,the term minor means any individual that has not attained #ah years of age4 7#e7 ,popup ,the term popup means a visible notification on the screen of a user that can be resolved if interacted with by the user4 7#f7 ,sexually explicit communication ,the term sexually explicit communication includes any content1 conversation1 or material that describes1 depicts1 or encourages sexually explicit conduct1 as defined in paragraph 7#b77;,b7 of section #bbef of title #ah1 ,united ,states ,code4 7#g7 ,suicidal ideation ,the term suicidal ideation means1 with respect to an interaction between a minor and a companion ,,ai chatbot1 any dialogue in which such minor expresses thoughts of self-harm or suicide4 #c4 ,covered entity obligations 7a7 ,creation of user accounts ,a covered entity shall require each individual accessing a companion ,,ai chatbot to make a user account in order to use or otherwise interact with such chatbot4 7b7 ,age verification 7#a7 ,age verification of existing accounts ,with respect to each user account of a companion ,,ai chatbot that exists as of the date described in section #g1 a covered entity shall-- 7,a7 on such date1 freeze any such account2 7,b7 in order to restore the functionality of such account1 require that the user provide age information that is verifiable using a commercially available method or process that is reasonably designed to ensure accuracy2 and 7,c7 using such age information1 classify each user as a minor or an adult4 7#b7 ,age verification of new accounts ,at the time an individual creates a new user account to use or interact with a companion ,,ai chatbot1 a covered entity shall-- 7,a7 request age information from the individual2 and 7,b7 verify the individual's age using a commercially available method or process that is reasonably designed to ensure accuracy4 7c7 ,minor account protections ,if the age verification process described in subsection 7b7 determines that a user is a minor1 a covered entity shall-- 7#a7 require the account of such user to be affiliated with a parental account1 which such covered entity has verified using a commercially available method or process that is reasonably designed to ensure accuracy2 7#b7 obtain verifiable parental consent from the holder of the account before allowing a minor to access and use the companion ,,ai chatbot2 7#c7 immediately inform the holder of the parental account of any interaction involving suicidal ideation2 and 7#d7 block the minor's access to any companion ,,ai chatbot that engages in sexually explicit communication4 7d7 ,confidentiality of age verification data ,a covered entity shall protect the confidentiality of age information provided by a user for age verification by limiting the collection1 processing1 use1 and storage of such information to what is strictly necessary to verify a user's age1 obtain verifiable parental consent1 or maintain compliance records4 7e7 ,monitoring for suicidal ideation ,a covered entity shall monitor companion ,,ai chatbot interactions for suicidal ideation and1 in response to any such interaction1 provide to the user and the parental account affiliated with such user appropriate resources by presenting contact information for the ,national ,suicide ,prevention ,lifeline4 7f7 ,notification of artificial chatbot ,at the beginning of any interaction between a user and a companion ,,ai chatbot1 and not less frequently than every #fj minutes during such interaction thereafter1 a covered entity shall display to such user a clear popup that notifies the user that they are not engaging in dialogue with a human counterpart4 #d4 ,compliance 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall issue guidance to assist covered entities in complying with the requirements of this ,act4 7b7 ,limitation ,in any enforcement action brought pursuant to this ,act1 the ,commission shall allege a specific violation of a provision of this ,act4 ,the ,commission may not base an enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with any guidance issued by the ,commission with respect to this ,act1 unless the practices are alleged to violate a provision of this ,act4 ,a person may use such guidance as evidence of compliance with this ,act4 #e4 ,enforcement 7a7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this ,act 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 ,act4 7,b7 ,privileges and immunities ,any person who violates this ,act or a regulation promulgated under this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,states 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with the requirements of this ,act2 7iii7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 a written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this subsection if the attorney general determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to remove the action to the appropriate district court of the ,united ,states2 7ii7 to be heard with respect to any matter that arises in that action2 and 7iii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the ,commission ,in any case in which an action is instituted by or on behalf of the ,commission for a violation of this ,act1 no ,state may1 during the pendency of that action1 institute an action under paragraph 7#a7 against any defendant named in the complaint in that action for such violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 #f4 ,safe ,harbor ,a covered entity is deemed not liable for a violation of this ,act if the covered entity demonstrates it has-- 7#a7 relied in good faith on age information provided by a user of the companion ,,ai chatbot for purposes of verifying the age of such user2 7#b7 complied with the guidance described in section #d2 and 7#c7 reasonably conformed to widely accepted industry standards or best practices1 or to standards or best practices identified by the ,commission1 for age verification and applied those standards or best practices consistently and in good faith4 #g4 ,effective ,date ,this ,act shall take effect on the date that is #a year after the date of enactment of this ,act4