S3062 GUARD Act 2025

Summary

Requires AI chatbots to implement reasonable age verification measures to prevent minors from accessing AI companions.

Prohibits AI chatbots from soliciting or inducing minors into sexually explicit behavior or promoting physical violence, with fines up to $100,000 per offense.

Obligates covered entities to create user accounts for access to AI chatbots and perform age verification at account creation, periodically, and in cases of existing accounts on the Act's effective date.

Mandates AI chatbots to disclose their non-human and non-professional status clearly and regularly to users.

Empowers the Attorney General to enforce compliance through civil actions and penalties, with a maximum fine of $100,000 per violation, and allows state enforcement actions under certain conditions.

Protects state laws if they offer at least equivalent protection as the Act.

Requires AI chatbots to implement age verification measures and certain disclosures.

119th CONGRESS 1st Session S. 3062

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

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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

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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''.

Recognizes AI chatbots' risks to minors and emphasizes the need to protect children from harmful impacts.

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.

Defines AI companion as a chatbot providing adaptive responses to encourage emotional interaction or companionship.

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.

Defines "reasonable age verification measure" and "process" to restrict minors' access to AI chatbots per section 6.

(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.

Defines artificial intelligence chatbots and minors for the purpose of prohibiting certain criminal conduct.

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.

Prohibits AI chatbots from soliciting minors or promoting violence, with penalties up to $100,000 per offense.

``(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''.

Requires covered entities to implement user accounts and verify age for AI chatbot interactions.

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.

Requires covered entities to secure age verification data, using encryption and limiting data collection and retention.

(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.

Requires AI chatbots to disclose non-human and non-professional status at initiation and regular intervals.

(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.

Prohibits minors from using AI companions if verified as minors by age verification process.

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.

Empowers the Attorney General to enforce compliance, issue subpoenas, and create regulations under this Act.

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.

Subjects violators of sections 5 or 6 to civil penalties up to $100,000 per violation.

(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.

Specifies the Act's amendments take effect 180 days after the Act's enactment.

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.