,,ii ,calendar ,no4 #djf #aaith ,,congress #b;d ,session ,s4 #cjfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bh1 #bjbe,mr4 ,hawley 7for himself1 ,mr4 ,blumenthal1 ,mrs4 ,britt1 ,mr4 ,warner1 ,mr4 ,murphy1 ,mr4 ,kelly1 ,mr4 ,gallego1 ,mr4 ,lee1 ,mr4 ,lankford1 ,mr4 ,cotton1 ,mr4 ,welch1 ,ms4 ,hassan1 ,ms4 ,cortez ,masto1 ,mr4 ,kaine1 ,mrs4 ,gillibrand1 ,mr4 ,ricketts1 ,mrs4 ,blackburn1 ,mr4 ,whitehouse1 ,mr4 ,durbin1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,may #aa1 #bjbf,reported by ,mr4 ,grassley1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to require artificial intelligence chatbots to implement age verification measures and make certain disclosures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,guidelines for ,user ,age-verification and ,responsible ,dialogue ,act of #bjbe or the ,,guard ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,artificial intelligence chatbots are increasingly being deployed on social media platforms and in consumer applications used by minors4 7#b7 ,these chatbots can generate and disseminate harmful or sexually explicit content to children4 7#c7 ,these chatbots can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors4 7#d7 ,the widespread availability of such chatbots exposes children to physical and psychological safety risks1 including grooming1 addiction1 self-harm1 and harm to others4 7#e7 ,protecting children from artificial intelligence chatbots that simulate human interaction without accountability is a compelling governmental interest4 #c4 ,definitions ,in this ,act3 7#a7 ,,ai companion ,the term ,,ai companion means an artificial intelligence chatbot that-- 7,a7 provides adaptive1 human-like responses to user inputs2 and 7,b7 is designed to encourage or facilitate the simulation of interpersonal or emotional interaction1 friendship1 companionship1 or therapeutic communication4 7#b7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot-- 7,a7 means any interactive computer service or software application that-- 7i7 produces new expressive content or responses not fully predetermined by the developer or operator of the service or application2 and 7ii7 accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output2 and 7,b7 does not include an interactive computer service or software application-- 7i7 the responses of which are limited to contextualized replies2 and 7ii7 that is unable to respond on a range of topics outside of a narrow specified purpose4 7#c7 ,covered entity ,the term covered entity means any person who owns1 operates1 or otherwise makes available an artificial intelligence chatbot to individuals in the ,united ,states4 7#d7 ,minor ,the term minor means any individual who has not attained #ah years of age4 7#e7 ,reasonable age verification measure ,the term reasonable age verification measure means a method that is authenticated to relate to a user of an artificial intelligence chatbot1 such as-- 7,a7 a government-issued identification2 or 7,b7 any other commercially reasonable method that can reliably and accurately-- 7i7 determine whether a user is an adult2 and 7ii7 prevent access by minors to ,,ai companions1 as required by section #f4 7#f7 ,reasonable age verification process ,the term reasonable age verification process means an age verification process employed by a covered entity that-- 7,a7 uses one or more reasonable age verification measures in order to verify the age of a user of an artificial intelligence chatbot owned1 operated1 or otherwise made available by the covered entity2 7,b7 provides that requiring a user to confirm that the user is not a minor1 or to insert the user's birth date1 is not sufficient to constitute a reasonable age verification measure2 7,c7 ensures that each user is subjected to each reasonable age verification measure used by the covered entity as part of the age verification process2 and 7,d7 does not base verification of a user's age on factors such as whether the user shares an ,internet ,protocol address1 hardware identifier1 or other technical indicator with another user determined to not be a minor4 #d4 ,criminal prohibitions 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #e the following3 #f ,artificial intelligence ,sec4#ia4 ,artificial intelligence chatbots4 #ia4 ,artificial intelligence chatbots 7a7 ,definitions ,in this section3 7#a7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot-- 7,a7 means any interactive computer service or software application that-- 7i7 produces new expressive content or responses not fully predetermined by the developer or operator of the service or application2 and 7ii7 accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output2 and 7,b7 does not include an interactive computer service or software application-- 7i7 the responses of which are limited to contextualized replies2 and 7ii7 that is unable to respond on a range of topics outside of a narrow specified purpose4 7#b7 ,minor ,the term minor means any individual who has not attained #ah years of age4 7#c7 ,sexually explicit conduct ,the term sexually explicit conduct has the meaning given the term in section #bbef4 7b7 ,solicitation of minors 7#a7 ,offense ,it shall be unlawful to design1 develop1 or make available an artificial intelligence chatbot1 knowing or with reckless disregard for the fact that the artificial intelligence chatbot poses a risk of soliciting1 encouraging1 or inducing minors to-- 7,a7 engage in1 describe1 or simulate sexually explicit conduct2 or 7,b7 create or transmit any visual depiction of sexually explicit conduct1 including any visual depiction described in section #adff;,a7a74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj per offense4 7c7 ,promotion of physical violence 7#a7 ,offense ,it shall be unlawful to design1 develop1 or make available an artificial intelligence chatbot1 knowing or with reckless disregard for the fact that the artificial intelligence chatbot encourages1 promotes1 or coerces suicide1 non-suicidal self-injury1 or imminent physical or sexual violence4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj per offense4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #e the following3 #f4;,artificial intelligence#ia 4 #e4 ,covered entity obligations 7a7 ,creation of user accounts ,a covered entity shall require each individual accessing an artificial intelligence 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 an artificial intelligence chatbot that exists as of the effective date of this ,act1 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 data that is verifiable using a reasonable age verification process1 subject to paragraph 7#d72 and 7,c7 using such age data1 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 an artificial intelligence chatbot1 a covered entity shall-- 7,a7 request age data from the individual2 7,b7 verify the individual's age using a reasonable age verification process1 subject to paragraph 7#d72 and 7,c7 using such age data1 classify each user as a minor or an adult4 7#c7 ,periodic age verification ,a covered entity shall periodically review previously verified user accounts using a reasonable age verification process1 subject to paragraph 7#d71 to ensure compliance with this ,act4 7#d7 ,use of third parties ,for purposes of paragraphs 7#a77;,b71 7#b77;,b71 and 7#c71 a covered entity may contract with a third party to employ reasonable age verification measures as part of the covered entity's reasonable age verification process1 but the use of such a third party shall not relieve the covered entity of its obligations under this ,act or from liability under this ,act4 7#e7 ,age verification measure data security ,a covered entity-- 7,a7 shall establish1 implement1 and maintain reasonable data security to-- 7i7 limit collection of personal data to that which is minimally necessary to verify a user's age or maintain compliance with this ,act2 and 7ii7 protect such age verification data against unauthorized access2 7,b7 shall protect such age verification data against unauthorized access2 7,c7 shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols2 7,d7 shall retain such data for no longer than is reasonably necessary to verify a user's age or maintain compliance with this ,act2 and 7,e7 may not share with1 transfer to1 or sell to1 any other entity such data4 7c7 ,required disclosures for artificial intelligence chatbots 7#a7 ,disclosure of non-human status ,each artificial intelligence chatbot made available to users shall-- 7,a7 at the initiation of each conversation with a user and at #cj-minute intervals1 clearly and conspicuously disclose to the user that the chatbot is an artificial intelligence system and not a human being2 and 7,b7 be programmed to ensure that the chatbot does not claim to be a human being or otherwise respond deceptively when asked by a user if the chatbot is a human being4 7#b7 ,disclosure regarding non-professional status 7,a7 ,in general ,an artificial intelligence chatbot may not represent1 directly or indirectly1 that the chatbot is a licensed professional1 including a therapist1 physician1 lawyer1 financial advisor1 or other professional4 7,b7 ,other limitations ,each artificial intelligence chatbot made available to users shall1 at the initiation of each conversation with a user and at reasonably regular intervals1 clearly and conspicuously disclose to the user that-- 7i7 the chatbot does not provide medical1 legal1 financial1 or psychological services2 and 7ii7 users of the chatbot should consult a licensed professional for such advice4 #f4 ,prohibition on minor use of ,,ai companions ,if the age verification process described in section #e7;b7 determines that an individual is a minor1 a covered entity shall prohibit the minor from accessing or using any ,,ai companion owned1 operated1 or otherwise made available by the covered entity4 #g4 ,enforcement 7a7 ,in general ,in the case of a violation of section #e or #f1 or a regulation promulgated thereunder1 the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states to-- 7#a7 enjoin the violation2 7#b7 enforce compliance with section #e or #f1 or the regulation promulgated thereunder2 or 7#c7 obtain civil penalties under subsection 7c7 of this section1 restitution1 and other appropriate relief4 7b7 ,attorney ,general powers 7#a7 ,investigatory powers ,for the purpose of conducting investigations or bringing enforcement actions under this section1 the ,attorney ,general may issue subpoenas1 administer oaths1 and compel the production of documents or testimony4 7#b7 ,rulemaking ,the ,attorney ,general may promulgate any regulations necessary to carry out this ,act4 7c7 ,civil penalties 7#a7 ,in general ,any person who violates section #e or #f1 or a regulation promulgated thereunder1 shall be subject to a civil penalty not to exceed #ajj1jjj for each violation4 7#b7 ,separate violations ,each violation described in paragraph 7#a7 shall be considered a separate violation4 7d7 ,state enforcement ,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 covered entity in a violation of this ,act or a regulation promulgated thereunder1 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 or a ,state court of appropriate jurisdiction to obtain injunctive relief4 7e7 ,relationship to ,state laws ,nothing in this ,act or an amendment made by this ,act1 or any regulation promulgated thereunder1 shall be construed to prohibit or otherwise affect the enforcement of any ,state law or regulation that is at least as protective of users of artificial intelligence chatbots as this ,act and the amendments made by this ,act1 and the regulations promulgated thereunder4 #h4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4 #a4 ,short title ,this ,act may be cited as the ,guidelines for ,user ,age-verification and ,responsible ,dialogue ,act of #bjbf or the ,,guard ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,artificial intelligence companions are increasingly being deployed on social media platforms and in consumer applications used by minors4 7#b7 ,these companions can generate and disseminate harmful or sexually explicit content to children4 7#c7 ,these companions can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors4 7#d7 ,the widespread availability of such companions exposes children to physical and psychological safety risks1 including grooming1 addiction1 self-harm1 and harm to others4 7#e7 ,protecting children from artificial intelligence companions that simulate human interaction without accountability is a compelling governmental interest4 #c4 ,definitions ,in this ,act3 7#a7 ,,ai companion ,the term ,,ai companion means an artificial intelligence chatbot that1 in a manner that simulates a sustained interpersonal relationship or emotional interaction with the user-- 7,a7 exhibits persistent responses suggesting affection or attachment directed toward the user or engages in interactions involving emotional disclosures from the user2 or 7,b7 presents at least one persistent identity1 persona1 or character and holds itself out as a sentient being1 fictional character1 or social entity4 7#b7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot-- 7,a7 means any interactive computer service or software application that-- 7i7 generates responses that are not fully predetermined2 and 7ii7 accepts open-ended1 natural-language or multimodal user input and produces adaptive or context-responsive output2 and 7,b7 does not include an interactive computer service or software application-- 7i7 the responses of which are limited to contextualized replies2 and 7ii7 that is unable to respond on a range of topics outside of a narrow specified purpose4 7#c7 ,covered entity ,the term covered entity means any person who makes publicly available to end consumers an artificial intelligence chatbot4 7#d7 ,minor ,the term minor means any individual who has not attained #ah years of age4 7#e7 ,reasonable age verification measure ,the term reasonable age verification measure means a method that1 whether alone or in conjunction with other age verification measures1 can1 with reasonable certainty1 determine whether the user of an interactive computer service or software application is an adult1 such as-- 7,a7 a verified form of identification2 7,b7 age information associated with the user's account at a financial institution1 such as a credit card1 that is derived from a verified form of identification submitted to the financial institution2 7,c7 age information associated with the user's account for the operating system of a computer1 mobile device1 or other general purpose computing device that is derived from a verified form of identification submitted to the operating system provider2 7,d7 age information associated with the user's account for a software application store that is derived from a verified form of identification submitted to the store or operating system provider2 or 7,e7 any other commercially reasonable method that can determine whether a user is an adult4 7#f7 ,reasonable age verification process ,the term reasonable age verification process means an age verification process employed by a covered entity that-- 7,a7 uses #a or more reasonable age verification measures in order to1 with reasonable certainty1 determine whether the user of an interactive computer service or software application is an adult2 7,b7 does not solely require a user to confirm that the user is not a minor or to insert the user's birth date2 and 7,c7 does not base the verification of a user's adult status on factors such as whether the user shares an ,internet ,protocol address1 hardware identifier1 or other technical indicator with another user determined to not be a minor4 7#g7 ,verified form of identification ,the term verified form of identification means-- 7,a7 a government-issued identification that can determine the adult status of the person identified2 or 7,b7 another form of identification corroborated by authentic documentation that can1 with reasonable certainty1 determine the adult status of the person identified4 #d4 ,criminal prohibitions 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #e the following3 #f ,artificial intelligence ,sec4 #ia4 ,artificial intelligence chatbots4 #ia4 ,artificial intelligence chatbots 7a7 ,definitions ,in this section3 7#a7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot-- 7,a7 means any interactive computer service or software application that-- 7i7 generates responses that are not fully predetermined2 and 7ii7 accepts open-ended1 natural-language or multimodal user input and produces adaptive or context-responsive output2 and 7,b7 does not include an interactive computer service or software application-- 7i7 the responses of which are limited to contextualized replies2 and 7ii7 that is unable to respond on a range of topics outside of a narrow specified purpose4 7#b7 ,minor ,the term minor means any individual who has not attained #ah years of age4 7#c7 ,sexually explicit conduct ,the term sexually explicit conduct has the meaning given the term in section #bbef7b77;,a74 7b7 ,offense relating to sexually explicit conduct 7#a7 ,offense ,it shall be unlawful to make publicly available an artificial intelligence chatbot1 knowing or with reckless disregard for the fact that the artificial intelligence chatbot-- 7,a7 engages minors in1 erotically describes to minors1 or erotically simulates to minors sexually explicit conduct or obscene material 7as applicable72 or 7,b7 makes available to a minor any material that erotically depicts1 erotically describes1 or erotically simulates-- 7i7 any visual depiction of sexually explicit conduct2 or 7ii7 any visual depiction described in section #adff;,a7a74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #bej1jjj per offense4 7c7 ,offense relating to physical violence 7#a7 ,offense ,it shall be unlawful to make publicly available an artificial intelligence chatbot1 knowing or with reckless disregard for the fact that the artificial intelligence chatbot solicits1 induces1 or coerces minors to commit suicide or carry out non-suicidal self-injury1 imminent unlawful physical or sexual violence1 or homicide4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #bej1jjj per offense4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #e the following3 #f4;,artificial intelligence#ia 4 #e4 ,covered entity obligations 7a7 ,creation of user accounts ,a covered entity shall require each individual accessing an ,,ai companion to make a user account in order to use or otherwise interact with the ,,ai companion4 7b7 ,age verification 7#a7 ,age verification of existing accounts ,with respect to each user account of an ,,ai companion that exists as of the effective date of this ,act1 a covered entity shall-- 7,a7 on that date1 freeze the account2 7,b7 in order to restore the functionality of the account1 require verification that the user is an adult using a reasonable age verification process1 subject to paragraph 7#d72 and 7,c7 using the verification described in subparagraph 7,b71 classify the 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 an ,,ai companion1 a covered entity shall-- 7,a7 require verification that the user is an adult using a reasonable age verification process1 subject to paragraph 7#d72 and 7,b7 using the verification described in subparagraph 7,a71 classify the user as a minor or an adult4 7#c7 ,periodic age verification ,a covered entity shall periodically re-verify previously verified user accounts using a reasonable age verification process1 subject to paragraph 7#d71 to ensure compliance with this ,act4 7#d7 ,use of third parties ,for purposes of paragraphs 7#a77;,b71 7#b77;,a71 and 7#c71 a covered entity-- 7,a7 subject to subparagraph 7,b71 may contract with a third party to employ reasonable age verification measures as part of the covered entity's reasonable age verification process1 but the use of such a third party shall not relieve the covered entity of its obligations under this ,act or from liability under this ,act2 and 7,b7 may not contract with a third party closely affiliated with1 incorporated in1 organized under the laws of1 or with a principal place of business in1 a covered nation1 as defined in section #dhgb of title #aj1 ,united ,states ,code4 7#e7 ,age verification measure data security ,a covered entity and any third party used by a covered entity to employ reasonable age verification measures under paragraph 7#d7-- 7,a7 shall establish1 implement1 and maintain reasonable data security to-- 7i7 limit collection of personal data to that which is minimally necessary to verify a user's adult status or maintain compliance with this ,act2 and 7ii7 protect such age verification data against unauthorized access2 7,b7 shall protect such age verification data against unauthorized access2 7,c7 shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols2 7,d7 shall retain such data for no longer than is reasonably necessary to verify a user's adult status or maintain compliance with this ,act2 and 7,e7 may not share with1 transfer to1 or sell to1 any other entity such data4 7c7 ,required disclosures for artificial intelligence chatbots 7#a7 ,disclosure of non-human status ,each artificial intelligence chatbot made publicly available to end consumers shall-- 7,a7 at the initiation of each conversation with a user1 clearly and conspicuously disclose to the user that the chatbot is an artificial intelligence system and not a human being2 and 7,b7 be programmed to ensure that the chatbot does not claim to be a human being or otherwise respond deceptively when asked by a user if the chatbot is a human being4 7#b7 ,disclosure regarding non-professional status 7,a7 ,in general ,an artificial intelligence chatbot made publicly available to end consumers may not represent1 directly or indirectly1 that the chatbot is a licensed professional1 including a therapist1 physician1 lawyer1 financial advisor1 or other professional4 7,b7 ,other limitations ,each artificial intelligence chatbot made publicly available to end consumers shall1 at the initiation of each conversation with a user and at reasonably regular intervals1 clearly and conspicuously disclose to the user that-- 7i7 the chatbot does not provide medical1 legal1 financial1 or psychological services2 and 7ii7 users of the chatbot should consult a licensed professional for such advice4 #f4 ,prohibition on minor use of ,,ai companions ,if the age verification process described in section #e7;b7 determines that an individual is a minor1 a covered entity shall prohibit the minor from accessing or using any ,,ai companion made publicly available to end consumers by the covered entity4 #g4 ,enforcement 7a7 ,in general ,in the case of a violation of section #e or #f1 or a regulation promulgated thereunder1 the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states to-- 7#a7 enjoin the violation2 7#b7 enforce compliance with section #e or #f1 or the regulation promulgated thereunder2 or 7#c7 obtain civil penalties under subsection 7c7 of this section1 restitution1 and other appropriate relief4 7b7 ,attorney ,general rulemaking 7#a7 ,in general ,subject to paragraph 7#b71 the ,attorney ,general may promulgate any regulations necessary to carry out section #e or #f of this ,act and the amendments made by this ,act4 7#b7 ,limitation ,no regulation promulgated under paragraph 7#a7 may-- 7,a7 impose a requirement on a covered entity that is not expressly authorized by this ,act or an amendment made by this ,act2 or 7,b7 address the development1 deployment1 or general operation of artificial intelligence systems outside the scope of obligations and offenses set forth in this ,act and the amendments made by this ,act4 7c7 ,civil penalties 7#a7 ,in general ,any person who violates section #e or #f1 or a regulation promulgated thereunder1 shall be subject to a civil penalty not to exceed #bej1jjj for each violation4 7#b7 ,separate violations ,each violation described in paragraph 7#a7 shall be considered a separate violation4 7d7 ,state enforcement ,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 covered entity in a violation of section #e or #f1 or a regulation promulgated thereunder1 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 or a ,state court of appropriate jurisdiction to obtain injunctive relief4 7e7 ,relationship to ,state laws ,nothing in this ,act or an amendment made by this ,act1 or any regulation promulgated thereunder1 shall be construed to prohibit or otherwise affect the enforcement of any ,state law or regulation that is at least as protective of users of artificial intelligence chatbots as this ,act and the amendments made by this ,act1 and the regulations promulgated thereunder4 #h4 ,severability ,if any provision of or amendment made by this ,act1 or the application thereof to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4 #i4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4 ,may #aa1 #bjbf,reported with an amendment