,,ii  #aaith ,,congress  #b;d ,session  
,s4 #ddjg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bh1    
#bjbf,mr4 ,cruz 7for himself1 ,mr4      
,schatz1 ,mr4 ,curtis1 and ,mr4 ,schiff7
 introduced the following bill2 which   
was read twice and referred to the      
,committee on ,commerce1 ,science1 and  
,transportation  ,a ,,bill  ,to require 
the creation of family accounts for     
children to be able to use artificial   
intelligence chatbots1 to require       
verifiable parental consent for teens   
using artificial intelligence chatbots1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,children's ,health1 ,advancement1      
,trust1 ,boundaries1 and ,oversight in  
,technology ,act or the ,,chatbot ,act4 
#b4 ,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 ,artificial intelligence 
chatbot ,the term artificial            
intelligence chatbot means artificial   
intelligence that1 in an open-ended     
natural-language or multimodal manner-- 
7,a7 accepts user input2  7,b7 engages  
in interactive conversations with a     
user2 and  7,c7 provides outputs that   
are not-- 7i7 pre-determined or         
scripted2  7ii7 limited to              
contextualized replies or to a narrow1  
specified purpose1 such as-- 7,i7       
customer service2  7,,ii7 any           
operational purpose of a business2      
7,,iii7 productivity and analysis       
related to source information2  7,,iv7  
internal research2 or  7,v7 technical   
assistance2 or  7iii7 limited to an     
educational product or service that     
primarily provides information1         
experience1 training1 or instruction for
 the purpose of building any knowledge1 
skill1 or craft4  7#c7 ,child ,the term 
child means an individual who is under  
the age of #ac4  7#d7 ,commission ,the  

term ,commission means the ,federal     
,trade ,commission4  7#e7 ,covered      
entity ,the term covered entity means   
any public-facing website1 online       
service1 or software application that1  
as its primary function1 provides an    
artificial intelligence chatbot to      
users4  7#f7 ,know ,the term know means 
to have actual knowledge or knowledge   
fairly implied on the basis of objective
 circumstances4  7#g7 ,parent ,with     
respect to a child or teen1 the term    
parent includes a legal guardian of the 
child or teen4  7#h7 ,personal data ,the
 term personal data has the meaning     
given the term personal information in  
section #acjb of the ,children's ,online
 ,privacy ,protection ,act of #aiih 7#ae
 ,u4,s4,c4 #feja74  7#i7 ,targeted      
advertising ,the term targeted          
advertising-- 7,a7 means advertising or 
any other effort to market a product or 
service to a child or teen user based on
 any personal data collected from the   
child or teen2 and  7,b7 does not       

include-- 7i7 advertising or marketing  
to a child or teen user in response to  
the most recent prompt input by the     
child or teen user2  7ii7 contextual    
advertising1 such as when an            
advertisement is displayed to a child   
based on the content of the website1    
online service1 or software application 
of a covered entity in which the        
advertisement appears and does not vary 
based on the personal data of the child 
or teen user2 or  7iii7 processing      
personal data solely for the purpose of 
measuring or reporting advertising or   
content performance1 reach1 or          
frequency1 including independent        
measurement4  7#aj7 ,teen ,the term teen
 means an individual who has attained   
#ac years of age but has not attained   
#ah years of age4  7#aa7 ,transparency  
label ,the term transparency label means
 a notice that-- 7,a7 is clearly and    
conspicuously displayed to a user2  7,b7
 disappears only if the user-- 7i7 exits
 the artificial intelligence chatbot2 or

  7ii7 affirmatively dismisses the      
notice2 and  7,c7 discloses that-- 7i7  
the artificial intelligence chatbot is  
artificial intelligence and not a       
natural person2 and  7ii7 any output of 
the artificial intelligence chatbot is  
generated using artificial intelligence4
  7#ab7 ,user ,the term user means1 with
 respect to a covered entity1 an        
individual who registers an account or  
creates a profile in order to access the
 artificial intelligence chatbot of the 
covered entity4  #c4 ,family account    
requirement for children2 termination of
 existing user accounts and profiles2   
deletion of personal data  7a7 ,creation
 and maintenance of family accounts ,a  
covered entity shall require an         
individual to create and maintain a     
family account that meets the           
requirements described in section #e to 
access an artificial intelligence       
chatbot of the covered entity if the    
covered entity knows such individual is 
a child4  7b7 ,termination of existing  

user accounts and profiles of child and 
teen users ,a covered entity shall      
terminate any user account or profile of
 an artificial intelligence chatbot of  
the covered entity that exists as of the
 effective date of this ,act if the     
covered entity knows such user is-- 7#a7
 a child and such child has not created 
a family account2 or  7#b7 a teen and   
the parent of such teen has not provided
 verifiable parental consent pursuant to
 section #d7;a77#a74  7c7 ,deletion of  
personal data of children and teens     
7#a7 ,in general ,subject to paragraph  
7#b71 upon termination of a user account
 or profile pursuant to subsection 7b71 
a covered entity shall immediately      
delete all personal data collected from 
the user or submitted by the user       
7including data of the user collected   
from or submitted by the parent of such 
user7 to the artificial intelligence    
chatbot of such entity4  7#b7 ,access of
 children and teens to personal data    
,during the #ij-;day period beginning on

 the date on which a covered entity     
terminates a user account or profile    
pursuant to subsection 7b71 to the      
extent technically feasible and not in  
violation of any licensing agreement1   
the covered entity shall make available 
to such user or parent of such user1    
upon request1 a copy of the personal    
data collected from the user or         
submitted by the user to the artificial 
chatbot of such entity in-- 7,a7 a      
manner that is readable and able to be  
understood by a reasonable person2 and  
7,b7 a portable1 structured1 and        
machine-readable format4  7#c7 ,rule of 
construction ,nothing in this subsection
 shall be construed to prohibit a       
covered entity from retaining-- 7,a7 a  
record of the termination of a user     
account or profile2 and  7,b7 the       
minimum information necessary for       
ensuring compliance with this section4  
#d4 ,verifiable parental consent and    
option for family accounts for teens    
7a7 ,in general  7#a7 ,notice and       

verifiable parental consent ,prior to an
 individual's creation of a user account
 or profile with an artificial          
intelligence chatbot of a covered       
entity1 if the covered entity knows such
 individual is a teen1 the covered      
entity shall-- 7,a7 provide direct      
notice to a parent of the teen of the   
attempt by such teen to create such user
 account or profile2 and  7,b7 obtain   
verifiable parental consent 7as defined 
in section #acjb7i7 of the ,children's  
,online ,privacy ,protection ,act 7#ae  
,u4,s4,c4 #feja7i777 from the parent of 
the teen in order for the teen to create
 such user account or profile4  7#b7    
,option for family accounts ,in         
obtaining verifiable parental consent   
under paragraph 7#a71 a covered entity  
shall provide a parent of a teen with   
the option to create a family account   
for the teen that meets the requirements
 described in section #e4  7#c7 ,default
 features  7,a7 ,in general ,subject to 
subparagraph 7,b71 if the parent of a   

teen user does not create a family      
account for the teen as permitted in    
paragraph 7#b71 a covered entity shall  
set and fix any feature or setting      
described in section 7#e77;a77#a7 at the
 default setting required by section    
#e7;b77#a7 for the user account or      
profile of such teen4  7,b7  ,later     
creation of a family account  ,if a     
parent of a teen user creates a family  
account for the teen user after such    
teen user first creates a user account  
or profile1 the covered entity shall    
permit such parent to adjust any default
 setting set and fixed under            
subparagraph 7,a74  7#d7 ,reasonable    
efforts ,a covered entity shall be      
deemed compliant with the requirements  
of this subsection if the covered entity
 is in compliance with the requirements 
of the ,children's ,online ,privacy     
,protection ,act of #aiih 7#ae ,u4,s4,c4
 #feja et seq47 to use reasonable       
efforts 7taking into consideration      
available technology7 to provide a      

parent with direct notice and to obtain 
verifiable parental consent4  7b7       
,revocation of consent  7#a7 ,in general
 ,with respect to a parent of a teen who
 has provided verifiable parental       
consent under subsection 7a77#a71 a     
covered entity shall provide such parent
 with the ability to revoke such        
consent4  7#b7 ,effect of verifiable    
parental consent ,if a covered entity   
receives a revocation of verifiable     
parental consent under paragraph 7#a71  
the covered entity shall suspend1       
delete1 or otherwise disable the user   
account or profile of the teen on the   
artificial intelligence chatbot that is 
subject to such revocation4  7c7 ,rule  
of construction ,nothing in this section
 shall be construed to require a covered
 entity to require a teen or the parent 
of such teen to provide                 
government-issued identification for--  
7#a7 relationship verification2 or  7#b7
 the provision of verifiable parental   
consent under subsection 7a77#a74  #e4  

,parental controls and settings for     
family accounts  7a7 ,parental controls 
and settings ,any family account        
provided by a covered entity to meet the
 requirements of section #c or #d shall 
permit the parent of a child or teen    
user1 as applicable1 to-- 7#a7 determine
 the privacy and account settings for   
the user account or profile of such     
child or teen1 including the ability    
to-- 7,a7 limit the amount of time the  
child or teen is able to spend using the
 artificial intelligence chatbot of the 
covered entity2  7,b7 disable rewards or
 incentives1 including badges or other  
visual award symbols1 based on          
frequency1 time spent1 or the activity  
of the child or teen using the          
artificial intelligence chatbot2  7,c7  
disable notifications and push alerts2  
7,d7 disable any financial transaction  
made available while using the          
artificial intelligence chatbot2  7,e7  
disable the generation of an output from
 the artificial intelligence chatbot    

that is not in response to the input of 
a user2 and  7,f7 enable a requirement  
that the covered entity display a       
transparency label and set the intervals
 at which the transparency label should 
be displayed2  7#b7 set the number of   
inputs that1 or the period of time      
during which1 an artificial intelligence
 chatbot may use the personal data of1  
or such inputs provided by1 a child or  
teen user to generate outputs before    
such data and such inputs must be       
deleted from any memory used by the     
artificial intelligence chatbot to      
generate outputs2  7#c7 access-- 7,a7 a 
full record of the conversations and    
activity of the child or teen with such 
artificial intelligence chatbot2 and    
7,b7 features that allow the parent to  
monitor1 analyze1 and understand1 at    
scale1 the record of such conversations 
and activity2 and  7#d7 receive         
customized notifications or other alerts
 when the child or teen attempts to     
bypass1 disable1 or violate any parental

 control or setting described in        
paragraph 7#a74  7b7 ,default safeguards
 and parental control options  7#a7     
,default safeguards ,each covered entity
 shall ensure that the default setting  
of any parental control or setting      
described in subsection 7a7 for a family
 account is the option1 or pre-set      
option 7for purposes of paragraph 7#b771
 that provides the most protective level
 of control with respect to the use of  
the artificial intelligence chatbot by a
 child or teen user4  7#b7 ,pre-set     
options for parents ,each covered entity
 shall provide a parent of a child or   
teen user with the option to select     
between several pre-set tiered options  
for governing the settings described in 
subsection 7a77#b7 that balance the     
tradeoffs between the protectiveness to 
the child or teen user and the          
effectiveness of the artificial         
intelligence chatbot4  7c7 ,disclosure  
and transparency  7#a7 ,in general ,each
 covered entity shall ensure that the   

default setting of any parental control 
or setting described in subsection 7a7  
within a family account is accompanied  
by a clear and conspicuous disclosure   
that defines the scope of the setting in
 a manner that is understandable by an  
ordinary consumer4  7#b7 ,provision of  
information ,prior to the creation of a 
family account1 a covered entity shall  
provide to the parent of a child or teen
 clear and conspicuous information1     
which may include a link to a web page  
of the covered entity1 regarding--  7,a7
 the policies and practices of the      
covered entity with respect to each     
parental control or setting described in
 subsection 7a71 including an           
easy-to-understand explanation of the   
options described in such subsection1   
the pre-set options described in        
subsection 7b77#b71 and the effect of   
each option or pre-set option2 and  7,b7
 how to access and manage the family    
account for the child or teen user1     
including an easy-to-understand         

explanation of how to view1 change1 and 
determine each parental control or      
setting described in subsection 7a74    
7d7 ,report ,a covered entity shall     
provide an easily accessible means for a
 child or teen user or the parent of    
such child or teen user to-- 7#a7 report
 violations of the parental controls or 
settings specified in subsection 7a72   
and  7#b7 contact the covered entity    
with respect to any matter related to   
child or teen use of the artificial     
intelligence chatbot of the covered     
entity4  #f4 ,prohibition on targeted   
advertising  7a7 ,in general ,a covered 
entity shall not use the personal data  
of a user that the covered entity knows 
is a child or teen for purposes of      
targeted advertising4  7b7 ,rule of     
construction ,nothing in subsection 7a7 
shall be construed to prohibit a covered
 entity that knows the age of the child 
or teen from delivering advertising or  
marketing that-- 7#a7 complies with the 
prohibition described in subsection 7a72

 and  7#b7 is age-appropriate and       
intended for a child or teen audience1  
so long as the covered entity does not  
use any personal information other than 
the age of the child or teen to display 
such advertisement4  #g4 ,determination 
of whether a covered entity knows that  
an individual is a child or teen  7a7   
,rule of construction ,for purposes of  
determining whether a covered entity    
knows that an individual is a child or  
teen1 the ,commission or attorney       
general of a ,state shall rely on       
competent and reliable evidence1 taking 
into account the totality of            
circumstances1 including whether a      
reasonable and prudent person under the 
circumstances would have known that the 
individual is a child or teen4  7b7     
,protections for privacy ,nothing in    
this ,act1 including a determination    
described in subsection 7a71 shall be   
construed to require a covered entity   
to-- 7#a7 implement an age gating or age
 verification functionality2 or  7#b7   

affirmatively collect any personal data 
with respect to the age of any          
individual that the covered entity is   
not already collecting in the normal    
course of business4  7c7 ,restriction on
 use and retention of personal data ,if 
a covered entity 7or a third party      
acting on behalf of a covered entity7   
voluntarily collects personal data for  
the purpose of complying with this ,act1
 the covered entity 7or third party7    
shall not-- 7#a7 use any personal data  
collected for a purpose other than for  
sole compliance with the requirements of
 this ,act2 or  7#b7 retain any personal
 data collected for longer than is      
necessary to comply with the            
requirements of this ,act or than is    
minimally necessary to demonstrate such 
compliance4  #h4 ,enforcement  7a7      
,enforcement by the ,commission  7#a7   
,unfair or deceptive acts or practices  
,a violation of this ,act shall be      
treated as a violation of a rule        
defining an unfair or deceptive act or  

practice prescribed 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 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 ,act shall be         
construed to limit the authority of the 
,commission under any other provision of
 law4  7b7 ,enforcement by ,states  7#a7
 ,authorization ,subject to paragraph   
7#c71 in any case in which the attorney 

general of a ,state has reason to       
believe that an interest of the         
residents of the ,state has been or is  
threatened or adversely affected by the 
engagement of a covered entity in a     
practice that violates section #c or #d1
 the attorney general of the ,state may1
 as parens patriae1 bring a civil action
 against the covered entity on behalf of
 the residents of the ,state in an      
appropriate district court of the       
,united ,states to-- 7,a7 enjoin such   
practice2  7,b7 enforce compliance with 
this ,act2  7,c7 on behalf of residents 
of the ,state1 obtain damages1          
restitution1 or other compensation1 each
 of which shall be distributed in       
accordance with ,state law2 or  7,d7    
obtain such other relief as the court   
may consider to be appropriate4  7#b7   
,rights of the ,commission  7,a7 ,notice
 to the ,commission  7i7 ,in general    
,except as provided in clause 7ii71     
before initiating a civil action under  
paragraph 7#a71 the attorney general of 

a ,state shall provide to the           
,commission a written notice of such    
action and a copy of the complaint for  
such action4  7ii7 ,exception ,if the   
attorney general determines that it is  
not feasible to provide the notice      
described in clause 7i7 before          
initiating a civil action under         
paragraph 7#a71 the attorney general    
shall provide written notice of the     
action and a copy of the complaint to   
the ,commission immediately upon        
initiating the civil action4  7,b7      
,intervention by the ,commission ,upon  
receiving the notice required under     
subparagraph 7,a71 the ,commission may--
 7i7 intervene in the civil action that 
is the subject of the notice2 and  7ii7 
upon intervening-- 7,i7 be heard with   
respect to any matter that arises in    
such action2 and  7,,ii7 file a petition
 for appeal for any decision in such    
action4  7#c7 ,investigatory powers     
,nothing in this subsection may be      
construed to prevent the attorney       

general of a ,state from exercising the 
powers conferred on the attorney general
 by the laws of the ,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 or other      
evidence4  7#d7 ,preemptive action 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 a    
separate civil action under paragraph   
7#a7 against any defendant named in the 
complaint in the action instituted by or
 on behalf of the ,commission for that  
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 another 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  #i4 ,relationship to other laws 
7a7 ,in general ,subject to subsection  
7b71 the provisions of this ,act shall  
preempt any related ,state law1 rule1 or
 regulation only to the extent that such
 ,state law1 rule1 or regulation        
conflicts with a provision of this ,act4
  7b7 ,rules of construction ,nothing in
 this ,act shall be construed to-- 7#a7 
prohibit a ,state from enacting a law1  
rule1 or regulation that provides       
greater protection to children than the 
protections provided in this ,act2 or   
7#b7 affect the application of-- 7,a7   
section #ddd of the ,general ,education 
,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1
 commonly known as the ,family          
,educational ,rights and ,privacy ,act  
of #aigd7 or other ,federal or ,state   
laws governing student privacy2 or  7,b7

 the ,children's ,online ,privacy       
,protection ,act of #aiih 7#ae ,u4,s4,c4
 #feja et seq47 or any rule or          
regulation promulgated under such ,act4 
#aj4 ,study on the impact of artificial 
intelligence chatbots on child and teen 
human relationships and social needs    
7a7 ,in general ,not later than #b years
 after the date of enactment of this    
,act1 the ,director of the ,national    
,science ,foundation shall conduct or   
commission a study on the effects of    
artificial intelligence chatbots on     
human relationships and the social needs
 of children and teens4  7b7 ,scope ,the
 study required under subsection 7a7    
shall examine1 with respect to children 
and teens-- 7#a7 the use of artificial  
intelligence chatbots by children and   
teens to meet companionship or social   
needs and the resulting effects on the  
real-world social engagement and mental 
health of children and teens2  7#b7 the 
prevalence and effects of sycophantic or
 excessively affirming behavior by      

artificial intelligence chatbots on     
children and teens2 and  7#c7 the role  
of design features of artificial        
intelligence chatbots in shaping the    
results of paragraphs 7#a7 and 7#b74    
7c7 ,methodology ,the study required    
under subsection 7a7 shall draw on      
existing research1 expert consultation1 
and1 where feasible1 observational1     
experimental1 and survey-based data     
collection1 consistent with applicable  
ethical standards and requirements for  
research involving children and teens4  
7d7 ,report ,not later than #a year     
after the date of enactment of this     
,act1 the ,director of the ,national    
,science ,foundation shall submit to the
 ,committee on ,commerce1 ,science and  
,transportation of the ,senate and the  
,committee on ,energy and ,commerce and 
the ,committee on ,science1 ,space1 and 
,technology of the ,house of            
,representatives a report containing the
 findings of the study conducted under  
subsection 7a74  #aa4 ,,gao report on   

recommendations and best practices  7a7 
,in general ,not later than #b years    
after the date described in section #ab1
 the ,comptroller ,general of the       
,united ,states 7in this section        
referred to as the ,comptroller         
,general7 shall submit a report to the  
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate and the  
,committee on ,energy and ,commerce and 
the ,committee on ,science1 ,space1 and 
,technology of the ,house of            
,representatives that examines-- 7#a7   
the effectiveness of this ,act1         
including the overall effectiveness of  
the family account requirements         
described in sections #c1 #d1 and #e2   
7#b7 the adoption rate of family        
accounts by parents of children and     
teens2  7#c7 the rate of compliance with
 the requirements of this ,act by       
covered entities2  7#d7 the             
effectiveness of each parental control  
or setting required within a family     
account1 including recommendations or   

best practices to provide the most      
protective or ideal level of control for
 children and teens1 including analysis 
of the parental control described in    
section #e7;a77#b71 including-- 7,a7    
using best available research or        
industry data2 and  7,b7 an analysis of 
model drift with specific consideration 
of the number of inputs or the duration 
of time that causes an artificial       
intelligence chatbot to generate outputs
 not consistent with its behavior       
parameters2  7#e7 recommendations for   
parents and covered entities to provide 
the most protective level of control for
 children and teens with respect to the 
use of the parental control described in
 section #e7;a77#b71 including          
recommended settings for limiting the   
number of inputs or the retention of    
personal data within the memory of the  
artificial intelligence chatbot1 with   
reference to the data described in      
paragraph 7#d72  7#f7 recommendations   
for parents1 based on available data1   

with respect to best practices for      
maximizing the protection of a child or 
teen within a family account while      
ensuring the effectiveness of an        
artificial intelligence chatbot2  7#g7  
recommendations to the ,commission for  
improving enforcement of this ,act2 and 
7#h7 recommendations to ,congress for   
potential legislative improvement to    
this ,act4  7b7 ,consultation           
requirement ,in carrying out the report 
required under subsection 7a71 the      
,comptroller ,general shall consult with
 each of the following3 7#a7 ,the       
,national ,institute of ,standards and  
,technology4  7#b7 ,the ,commission4    
7#c7 ,representatives of covered        
entities4  7#d7 ,parents of children or 
teen users of artificial intelligence   
chatbots4  7#e7 ,individuals with       
experience advocating for online child  
safety1 consumer protection1 or online  
privacy4  7#f7 ,individuals with        
experience in artificial intelligence1  
computer science1 and software          

engineering4  7#g7 ,academic experts    
with expertise in prevention of online  
harms to children or teens4  7#h7 ,other
 relevant ,federal agencies with        
expertise in child or teen online       
safety4  #ab4 ,effective date  ,this    
,act shall take effect on the date that 
is #a year after the date of enactment  
of this ,act4