119-s3062

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3062 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 3062

 To require artificial intelligence chatbots to implement age 
 verification measures and make certain disclosures, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 October 28, 2025

 Mr. Hawley (for himself, Mr. Blumenthal, Mrs. Britt, Mr. Warner, Mr. 
 Murphy, and Mr. Kelly) introduced the following bill; which was read 
 twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To require artificial intelligence chatbots to implement age 
 verification measures and make certain disclosures, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Guidelines for User Age-verification 
and Responsible Dialogue Act of 2025'' or the ``GUARD Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Artificial intelligence chatbots are increasingly being 
 deployed on social media platforms and in consumer applications 
 used by minors.

    (2) These chatbots can generate and disseminate harmful or 
 sexually explicit content to children.

    (3) These chatbots can manipulate emotions and influence 
 behavior in ways that exploit the developmental vulnerabilities 
 of minors.

    (4) The widespread availability of such chatbots exposes 
 children to physical and psychological safety risks, including 
 grooming, addiction, self-harm, and harm to others.

    (5) Protecting children from artificial intelligence 
 chatbots that simulate human interaction without accountability 
 is a compelling governmental interest.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) AI companion.--The term ``AI companion'' means an 
 artificial intelligence chatbot that--
        (A) provides adaptive, human-like responses to user 
 inputs; and
        (B) is designed to encourage or facilitate the 
 simulation of interpersonal or emotional interaction, 
 friendship, companionship, or therapeutic 
 communication.

    (2) Artificial intelligence chatbot.--The term ``artificial 
 intelligence chatbot''--
        (A) means any interactive computer service or 
 software application that--
            (i) produces new expressive content or 
 responses not fully predetermined by the 
 developer or operator of the service or 
 application; and
            (ii) accepts open-ended natural-language or 
 multimodal user input and produces adaptive or 
 context-responsive output; and
        (B) does not include an interactive computer 
 service or software application--
            (i) the responses of which are limited to 
 contextualized replies; and
            (ii) that is unable to respond on a range 
 of topics outside of a narrow specified 
 purpose.

    (3) Covered entity.--The term ``covered entity'' means any 
 person who owns, operates, or otherwise makes available an 
 artificial intelligence chatbot to individuals in the United 
 States.

    (4) Minor.--The term ``minor'' means any individual who has 
 not attained 18 years of age.

    (5) 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 
 chatbot, such as--
        (A) a government-issued identification; or
        (B) any other commercially reasonable method that 
 can reliably and accurately--
            (i) determine whether a user is an adult; 
 and
            (ii) prevent access by minors to AI 
 companions, as required by 

section 6.

    (6) Reasonable age verification process.--The term 
 ``reasonable age verification process'' means an age 
 verification process employed by a covered entity that--
        (A) uses one or more reasonable age verification 
 measures in order to verify the age of a user of an 
 artificial intelligence chatbot owned, operated, or 
 otherwise made available by the covered entity;
        (B) provides that requiring a user to confirm that 
 the user is not a minor, or to insert the user's birth 
 date, is not sufficient to constitute a reasonable age 
 verification measure;
            (C) ensures that each user is subjected to each 
 reasonable age verification measure used by the covered 
 entity as part of the age verification process; and
            (D) does not base verification of a user's age on 
 factors such as whether the user shares an Internet 
 Protocol address, hardware identifier, or other 
 technical indicator with another user determined to not 
 be a minor.

SEC. 4. CRIMINAL PROHIBITIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 5 the following:

 ``CHAPTER 6--ARTIFICIAL INTELLIGENCE

``Sec.
``91. Artificial intelligence chatbots.
``

Sec. 91. Artificial intelligence chatbots
 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Artificial intelligence chatbot.--The term 
 `artificial intelligence chatbot'--
 ``
        (A) means any interactive computer service or 
 software application that--
 ``
            (i) produces new expressive content or 
 responses not fully predetermined by the 
 developer or operator of the service or 
 application; and
 ``
            (ii) accepts open-ended natural-language 
 or multimodal user input and produces adaptive 
 or context-responsive output; and
 ``
        (B) does not include an interactive computer 
 service or software application--
 ``
            (i) the responses of which are limited to 
 contextualized replies; and
 ``
            (ii) that is unable to respond on a range 
 of topics outside of a narrow specified 
 purpose.
 ``

    (2) Minor.--The term `minor' means any individual who has 
 not attained 18 years of age.
 ``

    (3) Sexually explicit conduct.--The term `sexually 
 explicit conduct' has the meaning given the term in 

section 2256.
 ``

    (b) Solicitation of Minors.--
 ``

    (1) Offense.--It shall be unlawful to design, develop, or 
 make available an artificial intelligence chatbot, knowing or 
 with reckless disregard for the fact that the artificial 
 intelligence chatbot poses a risk of soliciting, encouraging, 
 or inducing minors to--
 ``
        (A) engage in, describe, or simulate sexually 
 explicit conduct; or
 ``
        (B) create or transmit any visual depiction of 
 sexually explicit conduct, including any visual 
 depiction described in 

section 1466A

    (a) .
 ``

    (2) Penalty.--Any person who violates paragraph

    (1) shall 
 be fined not more than $100,000 per offense.
 ``
            (c) Promotion of Physical Violence.--
 ``

    (1) Offense.--It shall be unlawful to design, develop, or 
 make available an artificial intelligence chatbot, knowing or 
 with reckless disregard for the fact that the artificial 
 intelligence chatbot encourages, promotes, or coerces suicide, 
 non-suicidal self-injury, or imminent physical or sexual 
 violence.
 ``

    (2) Penalty.--Any person who violates paragraph

    (1) shall 
 be fined not more than $100,000 per offense.''.

    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 5 the following:

``6. Artificial intelligence................................ 91''.

SEC. 5. COVERED ENTITY OBLIGATIONS.

    (a) 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 chatbot.

    (b) Age Verification.--

    (1) 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 Act, a covered entity 
 shall--
        (A) on such date, freeze any such account;
        (B) in order to restore the functionality of such 
 account, require that the user provide age data that is 
 verifiable using a reasonable age verification process, 
 subject to paragraph

    (4) ; and
            (C) using such age data, classify each user as a 
 minor or an adult.

    (2) Age verification of new accounts.--At the time an 
 individual creates a new user account to use or interact with 
 an artificial intelligence chatbot, a covered entity shall--
        (A) request age data from the individual;
        (B) verify the individual's age using a reasonable 
 age verification process, subject to paragraph

    (4) ; and
            (C) using such age data, classify each user as a 
 minor or an adult.

    (3) Periodic age verification.--A covered entity shall 
 periodically review previously verified user accounts using a 
 reasonable age verification process, subject to paragraph

    (4) , 
 to ensure compliance with this Act.

    (4) Use of third parties.--For purposes of paragraphs

    (1)
        (B) ,

    (2)
        (B) , and

    (3) , 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 
 process, 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 Act.

    (5) Age verification measure data security.--A covered 
 entity--
        (A) shall establish, implement, and maintain 
 reasonable data security to--
            (i) limit collection of personal data to 
 that which is minimally necessary to verify a 
 user's age or maintain compliance with this 
 Act; and
            (ii) protect such age verification data 
 against unauthorized access;
        (B) shall protect such age verification data 
 against unauthorized access;
            (C) shall protect the integrity and confidentiality 
 of such data by only transmitting such data using 
 industry-standard encryption protocols;
            (D) shall retain such data for no longer than is 
 reasonably necessary to verify a user's age or maintain 
 compliance with this Act; and
        (E) may not share with, transfer to, or sell to, 
 any other entity such data.
            (c) Required Disclosures for Artificial Intelligence Chatbots.--

    (1) Disclosure of non-human status.--Each artificial 
 intelligence chatbot made available to users shall--
        (A) at the initiation of each conversation with a 
 user and at 30-minute intervals, clearly and 
 conspicuously disclose to the user that the chatbot is 
 an artificial intelligence system and not a human 
 being; and
        (B) 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 being.

    (2) Disclosure regarding non-professional status.--
        (A) In general.--An artificial intelligence chatbot 
 may not represent, directly or indirectly, that the 
 chatbot is a licensed professional, including a 
 therapist, physician, lawyer, financial advisor, or 
 other professional.
        (B) Other limitations.--Each artificial 
 intelligence chatbot made available to users shall, at 
 the initiation of each conversation with a user and at 
 reasonably regular intervals, clearly and conspicuously 
 disclose to the user that--
            (i) the chatbot does not provide medical, 
 legal, financial, or psychological services; 
 and
            (ii) users of the chatbot should consult a 
 licensed professional for such advice.

SEC. 6. PROHIBITION ON MINOR USE OF AI COMPANIONS.

 If the age verification process described in 

section 5

    (b) determines that an individual is a minor, a covered entity shall 
prohibit the minor from accessing or using any AI companion owned, 
operated, or otherwise made available by the covered entity.

SEC. 7. ENFORCEMENT.

    (a) In General.--In the case of a violation of 

section 5 or 6, or a 
regulation promulgated thereunder, the Attorney General may bring a 
civil action in an appropriate district court of the United States to--

    (1) enjoin the violation;

    (2) enforce compliance with 

section 5 or 6, or the 
 regulation promulgated thereunder; or

    (3) obtain civil penalties under subsection
            (c) of this 
 section, restitution, and other appropriate relief.

    (b) Attorney General Powers.--

    (1) Investigatory powers.--For the purpose of conducting 
 investigations or bringing enforcement actions under this 
 section, the Attorney General may issue subpoenas, administer 
 oaths, and compel the production of documents or testimony.

    (2) Rulemaking.--The Attorney General may promulgate any 
 regulations necessary to carry out this Act.
            (c) Civil Penalties.--

    (1) In general.--Any person who violates 

section 5 or 6, or 
 a regulation promulgated thereunder, shall be subject to a 
 civil penalty not to exceed $100,000 for each violation.

    (2) Separate violations.--Each violation described in 
 paragraph

    (1) shall be considered a separate violation.
            (d) 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 thereunder, the State, as parens patriae, 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 relief.

    (e) Relationship to State Laws.--Nothing in this Act or an 
amendment made by this Act, or any regulation promulgated thereunder, 
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 Act, and the regulations promulgated thereunder.

SEC. 8. EFFECTIVE DATE.

 This Act and the amendments made by this Act shall take effect on 
the date that is 180 days after the date of enactment of this Act.
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