S. 2714

119 S2714 IS: Children Harmed by AI Technology Act
 U.S. Senate
 2025-09-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2714
  IN THE SENATE OF THE UNITED STATES
  September 4, 2025
  Mr. Husted  introduced the following bill;
  which was read twice and referred to the  Committee on Commerce, Science, and
  Transportation
  A BILL
To require artificial intelligence chatbots to implement age verification
  measures and establish certain protections for minor users, and for other
  purposes.
1.
Short title
This Act may be cited as the   Children Harmed by AI Technology Act   or the   CHAT Act  .
2.
Definitions
In this Act:
(1)
Commission
The term  Commission  means the Federal Trade Commission.
(2)
Companion AI chatbot
The term  companion AI chatbot  means any software-based artificial intelligence system or program that exists for the primary purpose of simulating interpersonal or emotional interaction, friendship, companionship, or therapeutic communication with a user.
(3)
Covered entity
The term  covered entity  means any person that owns, operates, or otherwise makes available a companion AI chatbot to individuals in the United States.
(4)
Minor
The term  minor  means any individual that has not attained 18 years of age.
(5)
Popup
The term  popup  means a visible notification on the screen of a user that can be resolved if interacted with by the user.
(6)
Sexually explicit communication
The term  sexually explicit communication  includes any content, conversation, or material that describes, depicts, or encourages sexually explicit conduct, as defined in paragraph (2)(B) of section 2256 of title 18, United States Code.
(7)
Suicidal ideation
The term  suicidal ideation  means, with respect to an interaction between a minor and a companion AI chatbot, any dialogue in which such minor expresses thoughts of self-harm or suicide.
3.
Covered entity obligations
(a)
Creation of user accounts
A covered entity shall require each individual accessing a companion AI 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 a companion AI chatbot that exists as of the date described in section 7, 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 information that is verifiable using a commercially available method or process that is reasonably designed to ensure accuracy; and
(C)
using such age information, 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 a companion AI chatbot, a covered entity shall—
(A)
request age information from the individual; and
(B)
verify the individual’s age using a commercially available method or process that is reasonably designed to ensure accuracy.
(c)
Minor account protections
If the age verification process described in subsection (b) determines that a user is a minor, a covered entity shall—
(1)
require the account of such user to be affiliated with a parental account, which such covered entity has verified using a commercially available method or process that is reasonably designed to ensure accuracy;
(2)
obtain verifiable parental consent from the holder of the account before allowing a minor to access and use the companion AI chatbot;
(3)
immediately inform the holder of the parental account of any interaction involving suicidal ideation; and
(4)
block the minor's access to any companion AI chatbot that engages in sexually explicit communication.
(d)
Confidentiality of age verification data
A covered entity shall protect the confidentiality of age information provided by a user for age verification by limiting the collection, processing, use, and storage of such information to what is strictly necessary to verify a user’s age, obtain verifiable parental consent, or maintain compliance records.
(e)
Monitoring for suicidal ideation
A covered entity shall monitor companion AI chatbot interactions for suicidal ideation and, in response to any such interaction, provide to the user and the parental account affiliated with such user appropriate resources by presenting contact information for the National Suicide Prevention Lifeline.
(f)
Notification of artificial chatbot
At the beginning of any interaction between a user and a companion AI chatbot, and not less frequently than every 60 minutes during such interaction thereafter, a covered entity shall display to such user a clear popup that notifies the user that they are not engaging in dialogue with a human counterpart.
4.
Compliance
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Commission shall issue guidance to assist covered entities in complying with the requirements of this Act.
(b)
Limitation
In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any guidance issued by the Commission with respect to this Act, unless the practices are alleged to violate a provision of this Act. A person may use such guidance as evidence of compliance with this Act.
5.
Enforcement
(a)
Enforcement by the Commission
(1)
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 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ).
(2)
Powers of the Commission
(A)
In general
The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act.
(B)
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 ( 15 U.S.C. 41 et seq. ).
(C)
Authority preserved
Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(b)
Enforcement by States
(1)
In general
(A)
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 Act, 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 of appropriate jurisdiction to—
(i)
enjoin that practice;
(ii)
enforce compliance with the requirements of this Act;
(iii)
obtain damages, restitution, or other compensation on behalf of residents of the State; or
(iv)
obtain such other relief as the court may consider to be appropriate.
(B)
Notice
(i)
In general
Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission—
(I)
a written notice of that action; and
(II)
a copy of the complaint for that action.
(ii)
Exemption
(I)
In general
Clause (i) 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 action.
(II)
Notification
In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
(2)
Intervention
(A)
In general
On receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice.
(B)
Effect of intervention
If the Commission intervenes in an action under paragraph (1), it shall have the right—
(i)
to remove the action to the appropriate district court of the United States;
(ii)
to be heard with respect to any matter that arises in that action; and
(iii)
to file a petition for appeal.
(3)
Construction
For purposes of bringing any civil action under paragraph (1), 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—
(A)
conduct investigations;
(B)
administer oaths or affirmations; or
(C)
compel the attendance of witnesses or the production of documentary and other evidence.
(4)
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 Act, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action for such violation.
(5)
Venue; service of process
(A)
Venue
Any action brought under paragraph (1) may be brought in—
(i)
the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
(ii)
a State court of competent jurisdiction.
(B)
Service of process
In an action brought under paragraph (1), process may be served in any district in which the defendant—
(i)
is an inhabitant; or
(ii)
may be found.
6.
Safe Harbor
A covered entity is deemed not liable for a violation of this Act if the covered entity demonstrates it has—
(1)
relied in good faith on age information provided by a user of the companion AI chatbot for purposes of verifying the age of such user;
(2)
complied with the guidance described in section 4; and
(3)
reasonably conformed to widely accepted industry standards or best practices, or to standards or best practices identified by the Commission, for age verification and applied those standards or best practices consistently and in good faith.
7.
Effective Date
This Act shall take effect on the date that is 1 year after the date of enactment of this Act.