S 3062 — GUARD Act

and</DELETED> <DELETED> ``(ii) accepts open-ended natural- language or multimodal user input and produces adaptive or context-responsive output;

and</DELETED> <DELETED> ``(B) does not include an interactive computer service or software application--</DELETED> <DELETED> ``(i) the responses of which are limited to contextualized replies;

and</DELETED> <DELETED> ``(ii) that is unable to respond on a range of topics outside of a narrow specified purpose.</DELETED> <DELETED> ``(2) Minor.--The term `minor' means any individual who has not attained 18 years of age.</DELETED> <DELETED> ``(3) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in section 2256.</DELETED> <DELETED> ``(b) Solicitation of Minors.--</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(A) engage in, describe, or simulate sexually explicit conduct;

or</DELETED> <DELETED> ``(B) create or transmit any visual depiction of sexually explicit conduct, including any visual depiction described in section 1466A(a).</DELETED> <DELETED> ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000 per offense.</DELETED> <DELETED> ``(c) Promotion of Physical Violence.--</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000 per offense.''.</DELETED> <DELETED> (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:</DELETED> <DELETED>``6.

Artificial intelligence.......................

91''.

<DELETED>SEC.

5.

COVERED ENTITY OBLIGATIONS.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Age Verification.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) on such date, freeze any such account;</DELETED> <DELETED> (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</DELETED> <DELETED> (C) using such age data, classify each user as a minor or an adult.</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) request age data from the individual;</DELETED> <DELETED> (B) verify the individual's age using a reasonable age verification process, subject to paragraph (4);

and</DELETED> <DELETED> (C) using such age data, classify each user as a minor or an adult.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (5) Age verification measure data security.--A covered entity--</DELETED> <DELETED> (A) shall establish, implement, and maintain reasonable data security to--</DELETED> <DELETED> (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</DELETED> <DELETED> (ii) protect such age verification data against unauthorized access;</DELETED> <DELETED> (B) shall protect such age verification data against unauthorized access;</DELETED> <DELETED> (C) shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;</DELETED> <DELETED> (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</DELETED> <DELETED> (E) may not share with, transfer to, or sell to, any other entity such data.</DELETED> <DELETED> (c) Required Disclosures for Artificial Intelligence Chatbots.--</DELETED> <DELETED> (1) Disclosure of non-human status.--Each artificial intelligence chatbot made available to users shall-- </DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Disclosure regarding non-professional status.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (i) the chatbot does not provide medical, legal, financial, or psychological services;

and</DELETED> <DELETED> (ii) users of the chatbot should consult a licensed professional for such advice.</DELETED> <DELETED>SEC.

6.

PROHIBITION ON MINOR USE OF AI COMPANIONS.</DELETED> <DELETED> 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.</DELETED> <DELETED>SEC.

7.

ENFORCEMENT.</DELETED> <DELETED> (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--</DELETED> <DELETED> (1) enjoin the violation;</DELETED> <DELETED> (2) enforce compliance with section 5 or 6, or the regulation promulgated thereunder;

or</DELETED> <DELETED> (3) obtain civil penalties under subsection (c) of this section, restitution, and other appropriate relief.</DELETED> <DELETED> (b) Attorney General Powers.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Rulemaking.--The Attorney General may promulgate any regulations necessary to carry out this Act.</DELETED> <DELETED> (c) Civil Penalties.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Separate violations.--Each violation described in paragraph (1) shall be considered a separate violation.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.

8.

EFFECTIVE DATE.</DELETED> <DELETED> 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.</DELETED> SECTION 1.

This Act may be cited as the ``Guidelines for User Age-verification and Responsible Dialogue Act of 2025''2026'' or the ``GUARD Act''.

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

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

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

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

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

(1) AI companion.--The term ``AI companion'' means an artificial intelligence chatbot that--that, (A)in providesa adaptive,manner human-likethat simulates a sustained interpersonal relationship or emotional interaction with the user-- (A) exhibits persistent responses tosuggesting affection or attachment directed toward the user inputs;or engages in interactions involving emotional disclosures from the user;

andor (B) ispresents designedat toleast encourageone persistent identity, persona, or facilitatecharacter theand simulationholds ofitself interpersonalout oras emotionala interaction,sentient friendship,being, companionship,fictional character, or therapeuticsocial communication.entity.

(2) Artificial intelligence chatbot.--The term ``artificial intelligence chatbot''-- (A) means any interactive computer service or software application that-- (i) producesgenerates newresponses expressivethat contentare or responses not fully predeterminedpredetermined; by the developer or operator of the service or application;

and (ii) accepts open-endedopen-ended, natural-language or multimodal user input and produces adaptive or context-responsive output;

(3) Covered entity.--The term ``covered entity'' means any person who owns,makes operates,publicly oravailable otherwiseto makesend availableconsumers an artificial intelligence chatbotchatbot. to individuals in the United States.

(5) Reasonable age verification measure.--The term ``reasonable age verification measure'' means a method thatthat, iswhether authenticatedalone toor relatein toconjunction awith other age verification measures, can, with reasonable certainty, determine whether the user of an artificialinteractive intelligencecomputer chatbot,service or software application is an adult, such as-- (A) a government-issuedverified form of identification;

or (B) anyage otherinformation commerciallyassociated reasonablewith methodthe thatuser's canaccount reliablyat anda accurately--financial (i)institution, determinesuch whetheras a usercredit card, that is anderived adult;from a verified form of identification submitted to the financial institution;

and(C) (ii)age preventinformation accessassociated bywith minorsthe touser's AIaccount companions,for asthe requiredoperating bysystem sectionof 6.a computer, mobile device, or other general purpose computing device that is derived from a verified form of identification submitted to the operating system provider;

(6)(D) Reasonable age verificationinformation process.--Theassociated termwith ``reasonablethe ageuser's verificationaccount process''for means an age verification process employed by a coveredsoftware entityapplication that--store (A)that usesis onederived orfrom morea reasonableverified ageform verificationof measuresidentification insubmitted order to verify the agestore of a user of an artificial intelligence chatbot owned, operated, or otherwiseoperating madesystem availableprovider; by the covered entity;

(B)or provides(E) thatany requiringother acommercially userreasonable tomethod confirm that thecan userdetermine iswhether not a minor,user or to insert the user's birth date, is notan sufficientadult. to constitute a reasonable age verification measure;

(C)(6) ensuresReasonable thatage eachverification userprocess.--The isterm subjected``reasonable toage eachverification reasonableprocess'' means an age verification measureprocess usedemployed by thea covered entity asthat-- part(A) ofuses the1 or more reasonable age verification process;measures in order to, with reasonable certainty, determine whether the user of an interactive computer service or software application is an adult;

and(B) (D) does not basesolely verificationrequire of a user'suser ageto onconfirm factorsthat such as whether the user sharesis annot Interneta Protocolminor address, hardware identifier, or other technical indicator with another user determined to notinsert bethe auser's minor.birth date;

and (C) does not base the verification of a user's adult status 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.

(7) Verified form of identification.--The term ``verified form of identification'' means-- (A) a government-issued identification that can determine the adult status of the person identified;

or (B) another form of identification corroborated by authentic documentation that can, with reasonable certainty, determine the adult status of the person identified.

``(1) Artificial intelligence chatbot.--The term `artificial intelligence chatbot'-- ``(A) means any interactive computer service or software application that-- ``(i) producesgenerates newresponses expressivethat contentare or responses not fully predeterminedpredetermined; by the developer or operator of the service or application;

and ``(ii) accepts open-endedopen-ended, natural-language or multimodal user input and produces adaptive or context-responsive output;

``(3) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in section 2256.2256(2)(A).

``(b) SolicitationOffense ofRelating Minors.--to Sexually Explicit Conduct.-- ``(1) Offense.--It shall be unlawful to design, develop, or make publicly available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbotchatbot-- poses``(A) aengages riskminors ofin, soliciting,erotically encouraging,describes to minors, or inducingerotically minorssimulates to--to ``(A)minors engagesexually in,explicit describe,conduct or simulateobscene sexuallymaterial explicit(as conduct;applicable);

or ``(B) createmakes oravailable transmitto a minor any visualmaterial depictionthat oferotically sexuallydepicts, expliciterotically conduct,describes, includingor erotically simulates-- ``(i) any visual depiction describedof insexually sectionexplicit 1466A(a).conduct;

``(2)or Penalty.--Any``(ii) personany whovisual violatesdepiction paragraphdescribed (1)in shallsection be1466A(a). fined not more than $100,000 per offense.

``(c)``(2) PromotionPenalty.--Any ofperson Physicalwho Violence.--violates ``(1)paragraph Offense.--It(1) shall be unlawfulfined tonot design,more develop,than or$250,000 makeper availableoffense. 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)``(c) Penalty.--AnyOffense personRelating whoto violatesPhysical paragraphViolence.-- (1)``(1) Offense.--It shall be finedunlawful notto moremake thanpublicly $100,000available peran offense.''.artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot solicits, induces, or coerces minors to commit suicide or carry out non-suicidal self-injury, imminent unlawful physical or sexual violence, or homicide.

``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $250,000 per offense.''.

(a) Creation of User Accounts.--A covered entity shall require each individual accessing an artificialAI intelligencecompanion chatbot to make a user account in order to use or otherwise interact with suchthe chatbot.AI companion.

(b) Age Verification.-- (1) Age verification of existing accounts.--With respect to each user account of an artificialAI intelligencecompanion chatbot that exists as of the effective date of this Act, a covered entity shall-- (A) on suchthat date, freeze anythe such account;

(B) in order to restore the functionality of suchthe account, require verification that the user provide age data that is verifiablean adult using a reasonable age verification process, subject to paragraph (4);

and (C) using suchthe ageverification data,described in subparagraph (B), classify eachthe 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 artificialAI intelligencecompanion, chatbot, a covered entity shall-- (A) requestrequire verification that the user is an adult using a reasonable age dataverification fromprocess, thesubject individual;to paragraph (4);

and (B) verifyusing the individual'sverification agedescribed usingin asubparagraph reasonable(A), ageclassify verificationthe process,user subjectas toa paragraphminor (4);or an adult.

and(3) (C)Periodic usingage suchverification.--A agecovered data,entity classifyshall eachperiodically re-verify previously verified user asaccounts using a minorreasonable orage anverification adult.process, subject to paragraph (4), to ensure compliance with this Act.

(3)(4) PeriodicUse ageof verification.--Athird parties.--For purposes of paragraphs (1)(B), (2)(A), and (3), a covered entityentity-- shall(A) periodicallysubject reviewto previouslysubparagraph verified(B), usermay accountscontract usingwith a third party to employ reasonable age verification measures as part of the covered entity's reasonable age verification process, subjectbut tothe paragraphuse (4),of tosuch ensurea compliancethird withparty shall not relieve the covered entity of its obligations under this Act.Act or from liability under this Act;

(4) Use of third parties.--For purposes of paragraphs (1)(B), (2)(B), and (3),(B) a covered entity may not contract with a third party toclosely employaffiliated reasonablewith, ageincorporated verificationin, measuresorganized asunder part of the coveredlaws entity'sof, reasonableor agewith verificationa process,principal butplace the use of suchbusiness in, a thirdcovered partynation, shallas notdefined relievein thesection covered4872 entity of itstitle obligations10, underUnited thisStates ActCode. or from liability under this Act.

(5) Age verification measure data security.--A covered entity--entity and any third party used by a covered entity to employ reasonable age verification measures under paragraph (4)-- (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 ageadult status or maintain compliance with this Act;

(D) shall retain such data for no longer than is reasonably necessary to verify a user's ageadult status or maintain compliance with this Act;

(c) Required Disclosures for Artificial Intelligence Chatbots.-- (1) Disclosure of non-human status.--Each artificial intelligence chatbot made publicly available to usersend consumers shall-- (A) at the initiation of each conversation with a useruser, 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;

(2) Disclosure regarding non-professional status.-- (A) In general.--An artificial intelligence chatbot made publicly available to end consumers 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 publicly available to usersend consumers 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;

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,made operated,publicly oravailable otherwiseto madeend availableconsumers by the covered entity.

(b) Attorney General Powers.--Rulemaking.-- (1) InvestigatoryIn powers.--Forgeneral.--Subject theto purposeparagraph of(2), conductingthe investigationsAttorney orGeneral bringingmay enforcementpromulgate actionsany underregulations thisnecessary section,to thecarry Attorneyout Generalsection may5 issueor subpoenas,6 administerof oaths,this Act and compel the productionamendments ofmade documentsby orthis testimony.Act.

(2) Rulemaking.--TheLimitation.--No Attorneyregulation Generalpromulgated mayunder promulgateparagraph any(1) regulationsmay-- necessary(A) toimpose carrya outrequirement on a covered entity that is not expressly authorized by this Act.Act or an amendment made by this Act;

(c)or Civil(B) Penalties.--address (1)the Indevelopment, general.--Anydeployment, personor whogeneral violatesoperation sectionof 5artificial orintelligence 6,systems oroutside athe regulationscope promulgatedof thereunder,obligations shalland beoffenses subjectset toforth ain civilthis penaltyAct notand tothe exceedamendments $100,000made forby eachthis violation.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 $250,000 for each 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 thissection Act5 or 6, 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.

SEVERABILITY.

If any provision of or amendment made by this Act, or the application thereof to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

SEC.

9.

<all>Calendar No.

406 119th CONGRESS 2d Session S.

3062 _______________________________________________________________________ A BILL To require artificial intelligence chatbots to implement age verification measures and make certain disclosures, and for other purposes.

_______________________________________________________________________ May 11, 2026 Reported with an amendment