,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gihe ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjbf,mr4 ,mullin 7for himself1 ,ms4 ,matsui1 ,mrs4 ,dingell1 ,mr4 ,soto1 ,ms4 ,tlaib1 ,ms4 ,mc,clellan1 and ,ms4 ,schrier7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit the marketing1 advertising1 or provision of professional services without the appropriate licenses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,curbing ,harmful ,,ai ,tools ,by ,offering ,transparency ,act or the ,,chatbot ,act4 #b4 ,,ai ,chatbot ,transparency 7a7 ,prohibition2 requirement 7#a7 ,in general ,a covered entity may not provide the generation of output from an ,,ai chatbot1 or disseminate marketing or advertising materials1 that1 from the perspective of a reasonable user-- 7,a7 indicate or imply possession of an appropriate license to practice a covered profession without1 at that time1 the possession of such license2 and 7,b7 falsely indicate or imply that the output is provided or verified by a human in possession of an appropriate license to practice a covered profession4 7#b7 ,imply defined ,for purposes of paragraph 7#a77;,a71 the term imply-- 7,a7 means a representation that a reasonable user would understand as claiming possession of a professional license1 including a statement about credentials1 qualifications1 fictitious professional experience1 or authoritative and conclusive recommendations1 advice1 or guidance that a reasonable user would understand is typically only provided by a practitioner of a covered profession2 and 7,b7 does not include providing general information1 procedural guidance not specific to the circumstance of the user1 or informative content that does not represent or suggest licensure4 7b7 ,guidance ,not later than #ab months after the date of the enactment of this section1 the ,commission1 in consultation with relevant agencies and stakeholders1 including consumer advocacy organizations and technology experts1 shall provide guidance on complying with the requirements of this section4 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 or a regulation promulgated under such subsection 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 subsection 7a7 and a regulation promulgated under such subsection 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 7a7 or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 ,nothing in this ,act may be construed to limit the authority of the ,commission under any other provision of law4 7d7 ,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 7a7 or a regulation promulgated under such subsection1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to-- 7,a7 enjoin such act or practice2 7,b7 enforce compliance with this subsection 7a7 or a regulation promulgated under such subsection2 7,c7 obtain damages for actual monetary loss from the violation or up to #e1jjj in damages for each such violation1 whichever is greater1 on behalf of residents ,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 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 the ,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 7ii7 upon so intervening1 to be heard on all matters arising therein2 and 7iii7 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 this subsection 7a7 or a regulation promulgated under such subsection 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 regulation alleged in such complaint4 7,c7 ,rules of construction 7i7 ,state authority ,for purposes of bringing a civil action under this subsection1 nothing in this ,act may 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 7ii7 ,preservation of ,state authority ,nothing in this ,act may be construed to preempt1 limit1 or otherwise affect or restrict the application of any ,state law1 rule1 regulation1 requirement1 or standard that provides a user with greater or additional rights1 remedies1 or protections than the rights1 remedies1 and protections provided under this ,act1 including any ,state law1 rule1 requirement1 or standard governing the licensing1 regulation1 or discipline of a covered profession regulated under ,state law1 including enforcement actions for the unlicensed practice of such profession4 7e7 ,private right of action 7#a7 ,in general ,a person injured by an act or practice in violation of subsection 7a7 or a regulation promulgated under such subsection may bring in an appropriate district court of the ,united ,states-- 7,a7 an action to enjoin the violation2 7,b7 an action to recover damages for actual monetary loss from the violation1 or to receive up to #e1jjj in damages for each such violation1 whichever is greater2 or 7,c7 both such actions4 7#b7 ,willful or knowing violations ,if the court finds that the defendant acted willfully or knowingly in committing a violation described in paragraph 7#a71 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount available under paragraph 7#a77;,b74 7#c7 ,costs and attorney's fees ,the court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney's fees1 as determined by the court4 7#d7 ,limitation ,an action may be commenced under this subsection not later than #e years after the date on which the person first discovered or had a reasonable opportunity to discover the violation4 7#e7 ,nonexclusive remedy ,the remedy provided by this subsection shall be in addition to any other remedies available to the person4 7f7 ,adjustment for inflation for civil penalties and damages ,beginning on the date that the ,consumer ,price ,index is first published by the ,bureau of ,labor ,statistics that is at least #a year after the date of the enactment of this ,act1 and each year thereafter1 the amount specified in subsections 7d77#a77;,c7 and 7e77#a77;,b7 shall be increased by the percentage increase1 if any1 in the ,consumer ,price ,index published on such date from the ,consumer ,price ,index published the previous year4 7g7 ,definitions ,in this section3 7#a7 ,appropriate license ,the term appropriate license means a permit or authorization required to practice a covered profession1 as determined by the ,state in which the covered entity provides the service4 7#b7 ,,ai chatbot ,the term ,,ai chatbot means a system that uses artificial intelligence to engage in interactive conversations with a user similar to the communications that an individual would have with a human4 7#c7 ,artificial intelligence2 ,,ai ,the term artificial intelligence or ,,ai has the meaning given that term in section #idja of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#d7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#e7 ,covered entity ,the term covered entity means an individual or company that deploys an ,,ai chatbot4 7#f7 ,covered profession ,the term covered profession means a profession that does any of the following3 7,a7 ,operates in the finance and insurance sector 7as defined in ,,naics ,code #eb74 7,b7 ,operates in the health care and social assistance sector 7as defined in ,,naics ,code #fb74 7,c7 ,provides legal services 7as defined in ,,naics code #edaa74 7,d7 ,provides accounting1 tax preparation1 bookkeeping1 and payroll services 7as defined in ,,naics code #edab74 7#g7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4