H.R. 8623

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8623 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8623

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 30, 2026

Mr. Moore of Utah (for himself and Mrs. Foushee) introduced the 
following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
committee concerned

_______________________________________________________________________

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 2026'' 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.
<all>