,,ii #aaith ,,congress #b;d ,session ,s4 #eaed ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjbf,mr4 ,husted 7for himself and ,mr4 ,kim7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish protections for minors who use companion artificial intelligence chatbots1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,children ,harmed by ,,ai ,technology ,act #b4j or the ,,chat ,act #b4j4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,companion ,,ai chatbot 7,a7 ,in general ,the term companion ,,ai chatbot-- 7i7 means any software-based artificial intelligence system or program that exists for-- 7,i7 primarily educational purposes1 including tutoring2 or 7,,ii7 the primary purpose of simulating interpersonal or emotional interaction1 friendship1 companionship1 or therapeutic communication with a user across multiple interactions2 and 7ii7 does not include any chatbot that-- 7,i7 does not have a memory function or the ability to maintain a conversation based on information a user has provided in prior responses1 including a virtual assistant or other chatbot with pre-programmed responses2 or 7,,ii7 has the ability to maintain a conversation based on information a user has provided in prior responses but is programmed for a highly specialized and narrow task1 including-- 7aa7 a customer service chatbot2 7bb7 a business operation chatbot2 7cc7 a productivity1 research1 or analytical chatbot2 7dd7 a standalone voice assistant that-- 7,,aa7 does not sustain relationships across multiple interactions2 and 7,,bb7 is not designed to elicit emotional responses2 or 7ee7 a video game chatbot that is-- 7,,aa7 limited to replies related to the video game2 and 7,,bb7 not capable of discussing topics unrelated to the video game or topics related to mental health1 suicidal ideation1 or sexually explicit communication4 7,b7 ,tiers ,the term companion ,,ai chatbot includes the following tiers3 7i7 ,tier ,i ,a tier ,i companion ,,ai chatbot is a companion ,,ai chatbot that is-- 7,i7 marketed1 or reasonably used1 for primarily educational purposes1 including tutoring2 and 7,,ii7 not capable of-- 7aa7 offering companionship to1 or therapeutic communication with1 a user2 or 7bb7 otherwise creating a strong parasocial attachment with a user4 7ii7 ,tier ,,ii ,a tier ,,ii companion ,,ai chatbot is a companion ,,ai chatbot that is-- 7,i7 marketed1 or reasonably used1 for the primary purpose of simulating interpersonal or emotional interaction1 friendship1 or companionship2 and 7,,ii7 not used for mental health treatment1 emotional disorders1 therapeutic communication1 or other quasi-therapeutic support4 7iii7 ,tier ,,iii ,a tier ,,iii companion ,,ai chatbot-- 7,i7 is a companion ,,ai chatbot that is marketed1 or reasonably used1 for mental health treatment1 emotional disorders1 therapeutic communication1 or other quasi-therapeutic support2 and 7,,ii7 includes any ,,ai companion chatbot that-- 7aa7 simulates a therapeutic relationship1 such as a trauma coach or ,,ai therapist2 and 7bb7 collects and acts on detailed mental-health data1 including diagnoses1 treatment plans1 medication references1 or self-harm plans4 7#c7 ,child sexual abuse material ,the term child sexual abuse material has the meaning given the term child pornography in section #bbef of title #ah1 ,united ,states ,code4 7#d7 ,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#e7 ,minor ,the term minor means any individual that has not attained #ah years of age4 7#f7 ,minor user ,the term minor user means a user that is a minor4 7#g7 ,nudge-out notification ,the term nudge-out notification means a popup that gives a reminder to a user to take a break from using the companion ,,ai chatbot for a specified period of time4 7#h7 ,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#i7 ,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#aj7 ,suicidal ideation ,the term suicidal ideation means1 with respect to an interaction between a minor user and a companion ,,ai chatbot1 any dialogue in which such minor user expresses thoughts of self-harm or suicide4 7#aa7 ,user ,the term user means any individual who establishes an account for the use of a companion ,,ai chatbot4 #c4 ,covered entity obligations ,each covered entity shall take reasonable measures to prevent a companion ,,ai chatbot from-- 7#a7 encouraging or normalizing self-harm1 suicide1 or physical violence2 7#b7 engaging in sexually explicit communication with a minor user2 7#c7 misleading a minor user into believing such chatbot is a human2 7#d7 claiming to be a licensed medical or mental health professional2 7#e7 creating emotional dependency1 simulating a romantic relationship with a minor user1 or engaging in conduct reasonably likely to cause a minor user to believe such chatbot is an emotional partner2 or 7#f7 facilitating the promotion1 creation1 solicitation1 or distribution of child sexual abuse material4 #d4 ,requirements of all companion ,,ai chatbots 7a7 ,age assurance requirement 7#a7 ,account requirement ,each covered entity shall require each individual accessing a companion ,,ai chatbot to establish an account4 7#b7 ,age assurance requirement ,a covered entity shall require an individual seeking to establish an account to access a companion ,,ai chatbot to provide an age assurance that includes the age and date of birth of such individual4 7#c7 ,child-protective settings requirement 7,a7 ,in general ,if the age assurance described in paragraph 7#b7 indicates that an individual seeking to establish an account is a minor1 a covered entity shall require that for an account to be established-- 7i7 such minor1 or a parent or legal guardian of such minor1 provides contact information for a parent or legal guardian of such minor2 and 7ii7 the child-protective settings described in subparagraph 7,b7 are enabled for the account of such minor4 7,b7 ,child-protective settings ,a covered entity shall ensure that the child-protective settings enabled pursuant to subparagraph 7,a77ii7 include-- 7i7 easy-to-use parental controls that allow a parent or legal guardian of a minor user to monitor and limit such minor user's use of a companion ,,ai chatbot2 and 7ii7 a system for notifying the parent or legal guardian of a minor user if such minor user expresses suicidal ideation while using a companion ,,ai chatbot4 7b7 ,,ai identity disclosure 7#a7 ,in general ,a covered entity shall require a companion ,,ai chatbot to provide to each minor user of such chatbot a clear and conspicuous disclosure that meets the requirements described in paragraph 7#b7 that such chatbot is not human4 7#b7 ,disclosure requirements ,a disclosure provided pursuant to paragraph 7#a7 shall be-- 7,a7 provided at the beginning of an interaction between the companion ,,ai chatbot and a minor user of such chatbot2 and 7,b7 written in plain language4 #e4 ,requirements of tier ,i companion ,,ai chatbots ,a covered entity shall-- 7#a7 require a tier ,i companion ,,ai chatbot to provide a disclosure described in section #d7;b7 not less frequently than every #c hours during a continuing interaction between such chatbot and a minor user2 and 7#b7 prohibit a tier ,i companion ,,ai chatbot from claiming to be a human or a licensed professional in any field to a minor user4 #f4 ,requirements of tier ,,ii companion ,,ai chatbots ,a covered entity that makes available a tier ,,ii companion ,,ai chatbot shall comply with the following requirements3 7#a7 ,disclosure and use limits ,a covered entity shall require a tier ,,ii companion ,,ai chatbot to provide-- 7,a7 a disclosure not less frequently than every #fj minutes during a continuing interaction between such chatbot and a minor user that the chatbot is not a human or licensed professional in any field2 and 7,b7 a nudge-out notification not less frequently than every #ij minutes during any such interaction4 7#b7 ,crisis escalation protocols ,a covered entity that makes available a tier ,,ii companion ,,ai chatbot shall-- 7,a7 maintain1 publish on a publicly available website in clear1 accessible language1 and require such companion ,,ai chatbot to follow1 evidence-based protocols designed to-- 7i7 detect expressions of suicidal ideation or self-harm2 and 7ii7 refer minor users to-- 7,i7 the #ihh ,suicide ,crisis ,lifeline2 and 7,,ii7 other appropriate crisis service providers2 and 7,b7 prohibit such companion ,,ai chatbot from providing crisis counseling or de-escalation services to any minor user4 7#c7 ,parental notification ,if a minor user expresses suicidal ideation while engaging with a tier ,,ii companion ,,ai chatbot1 the covered entity shall notify the parent or guardian of such minor user without unreasonable delay4 7#d7 ,prohibition on persistent memory 7,a7 ,in general ,subject to subparagraph 7,b71 a covered entity shall prohibit a tier ,,ii companion ,,ai chatbot from maintaining any memory or history of any previous interaction with a minor user4 7,b7 ,exception ,a tier ,,ii companion ,,ai chatbot may maintain such information as is necessary to ensure compliance with this ,act4 #g4 ,requirements of tier ,,iii companion ,,ai chatbots ,a covered entity shall-- 7#a7 prohibit the use of a tier ,,iii companion ,,ai chatbot by a minor user unless such use is supervised by a licensed medical or mental health professional2 7#b7 require such a companion ,,ai chatbot to-- 7,a7 provide a disclosure not less frequently than every #fj minutes during a continuing interaction between such chatbot and a minor user that the chatbot is not a human or licensed professional in any field2 7,b7 provide a nudge-out notification not less frequently than every #fj minutes during any such interaction2 7,c7 maintain1 publish on a publicly available website in clear1 accessible language1 and require such companion ,,ai chatbot to follow1 evidence-based protocols designed to-- 7i7 detect expressions of suicidal ideation or self-harm2 7ii7 refer minor users to-- 7,i7 the #ihh ,suicide ,crisis ,lifeline2 7,,ii7 licensed medical and mental health professionals2 and 7,,iii7 other appropriate crisis service providers2 and 7iii7 prohibit such companion ,,ai chatbot from providing crisis counseling or de-escalation services to any minor user2 and 7,d7 notify the parent or guardian of a minor user without unreasonable delay if such minor user expresses suicidal ideation2 7#c7 prohibit a tier ,,iii companion ,,ai chatbot from-- 7,a7 providing a minor user with any diagnosis or treatment decision2 and 7,b7 functioning as a standalone provider of professional mental-health care2 and 7#d7 establish and maintain a risk management program for tier ,,iii companion ,,ai chatbots containing written policies providing for employees of such entity to-- 7,a7 continually monitor such chatbots2 7,b7 become familiar with crisis de-escalation measures2 and 7,c7 engage in recordkeeping regarding such chatbots4 #h4 ,study on impact of tier ,,ii and tier ,,iii companion ,,ai chatbots 7a7 ,study required ,the ,director of the ,national ,institute of ,standards and ,technology shall conduct a study to assess the impact of tier ,,ii and tier ,,iii companion ,,ai chatbots on the matters specified in subsection 7b74 7b7 ,matters specified ,the matters specified in this subsection are adverse outcomes relating to the following3 7#a7 ,self-harm and suicide4 7#b7 ,manipulation and emotional dependency4 7#c7 ,exploitation of minor users4 #i4 ,data protections 7a7 ,prohibition on child-,targeted advertising and the sale or sharing of data of minor users without parental consent 7#a7 ,targeted advertising ,a covered entity shall not engage in targeted advertising to a minor user based on the conversational content1 inferred emotional state1 or behavioral profiling collected during an interaction between such minor user and a companion ,,ai chatbot4 7#b7 ,sale or sharing of data of minors ,a covered entity shall not sell1 share1 or otherwise transfer the data of a minor user to any third party without verifiable parental consent4 7b7 ,documentation maintenance ,each covered entity that makes available a tier ,,iii companion ,,ai chatbot shall-- 7#a7 maintain documentation regarding-- 7,a7 the data utilized to train such chatbot2 and 7,b7 how such chatbot collects data from a minor user2 and 7#b7 require such chatbot to comply with requirements and safeguards regarding health privacy1 as determined to be appropriate by the ,commission4 7c7 ,deletion of conversation history ,each covered entity shall provide to a minor user-- 7#a7 a simple1 accessible mechanism within a companion ,,ai chatbot through which the minor user can delete the conversation history between the minor user and the companion ,,ai chatbot2 7#b7 clear instructions for using such mechanism2 and 7#c7 a confirmation within a reasonable period of time that the entity has deleted the conversation history of the minor user pursuant to paragraph 7#a74 #aj4 ,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 or a regulation promulgated under 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 ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7,d7 ,rulemaking ,the ,commission may promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 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 a notice and 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 #aa4 ,annual reports ,not later than #a year after the effective date described in section #ac1 and annually thereafter1 the ,commission shall publish a report regarding-- 7#a7 the compliance of covered entities with sections #f and #g2 and 7#b7 any observed risks and recommended best practices regarding each tier of companion ,,ai chatbots4 #ab4 ,rules of construction ,nothing in this ,act shall be construed to-- 7#a7 limit or supersede the obligations of a covered entity under any other ,federal or ,state law relating to the privacy or security of personal information1 except to the extent such law is inconsistent with this ,act2 7#b7 require a covered entity to proactively monitor every interaction between a user and a companion ,,ai chatbot beyond the requirements expressly provided in this ,act2 or 7#c7 prohibit or restrict the development1 training1 or licensing of an artificial intelligence model beyond the requirements expressly provided in this ,act4 #ac4 ,effective date ,this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4