S. 3062

119 S3062 IS: Guidelines for User Age-verification and Responsible Dialogue Act of 2025
 U.S. Senate
 2025-10-28
 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. 3062
  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.
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  .
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.
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.
4.
Criminal prohibitions
(a)
In general
Part I of title 18, United States Code, is amended by inserting after chapter 5 the following:
6
Artificial intelligence
Sec.
91. Artificial intelligence chatbots.
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
  .
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.
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.
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.
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.