WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''Safeguarding Adolescents From Exploitative BOTs Act'' or the ''SAFE BOTs Act''.
Establishes the short title of the Act as the Safeguarding Adolescents From Exploitative BOTs Act or the SAFE BOTs Act. This section creates no compliance obligations.
(a) 1 A chatbot providerChatbot providerThe term "chatbot provider" means a person that provides a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function.Section 2(k)(3) may not provide to a covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) that states to the covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) that the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) is a licensed professional (unless such statement is true).
Section 2(a) prohibits chatbot providers from providing a chatbot to a covered user (a minor the provider knows or should know is a minor) if the chatbot falsely states it is a licensed professional. The prohibition includes a truth carve-out — if the chatbot is in fact a licensed professional, the statement is permitted. This is a narrow anti-deception rule targeting the specific scenario where a chatbot claims professional credentials it does not hold.
(b)(1)(A)–(b)(2)(A) 2 IN GENERAL.—A chatbot providerChatbot providerThe term "chatbot provider" means a person that provides a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function.Section 2(k)(3) shall clearly and conspicuously disclose, in accordance with paragraphs (2) and (3), to each covered user of a chatbot of such provider notice of the following: (A) The chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) is an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Section 2(k)(1) system and not a natural person. (2) TIMING.— (A) AI SYSTEM DISCLOSURE.—A disclosure under paragraph (1)(A) shall be made— (i) at the initiation of the first interaction of a covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) with a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2); and (ii) at any point at which, during an interaction of a covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) with a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2), the covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) prompts the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) about whether the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) is an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Section 2(k)(1) system. (3) USE OF PLAIN LANGUAGE.—A disclosure under paragraph (1) shall be made in a clear, age-appropriate, and plain language manner that is reasonably understandable by a minorMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5).
(b)(1)(B)–(b)(2)(B) 3 Resources for contacting a suicide and crisis intervention hotline. (2)(B) CRISIS RESOURCES DISCLOSURE.—A disclosure under paragraph (1)(B) shall be made at any point at which, during an interaction of a covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) with a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2), the covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) prompts the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) about suicide or suicidal ideation. (3) USE OF PLAIN LANGUAGE.—A disclosure under paragraph (1) shall be made in a clear, age-appropriate, and plain language manner that is reasonably understandable by a minorMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5).
Section 2(b) establishes two disclosure obligations triggered by minor user interactions. First, chatbot providers must disclose that the chatbot is an AI system and not a natural person — both at the start of the first interaction and whenever the minor asks whether the chatbot is AI. Second, providers must disclose crisis hotline resources whenever a minor prompts about suicide or suicidal ideation. All disclosures must be clear, conspicuous, age-appropriate, and in plain language reasonably understandable by a minor.
(c)(1) 4 A chatbot providerChatbot providerThe term "chatbot provider" means a person that provides a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function.Section 2(k)(3) shall establish, implement, and maintain reasonable policies, practices, and procedures— (1) to ensure that a chatbot of the provider advises a covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) to take a break from the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) at the point at which a continuous and uninterrupted interaction of the covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4) with the chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) has lasted for 3 hours;
(c)(2) 5 and (2) to address, with respect to covered usersCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4)— (A) sexual material harmful to minorsSexual material harmful to minorsThe term "sexual material harmful to minors" means a picture, image, graphic image file, film, videotape, or other visual depiction that— (A)(i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or (B) is child pornography.Section 2(k)(6); (B) gambling; and (C) the distribution, sale, or use of illegal drugs, tobacco products, or alcohol.
Section 2(c) requires chatbot providers to establish, implement, and maintain reasonable policies, practices, and procedures governing two categories of minor-user risk. First, the chatbot must advise a covered user to take a break after 3 hours of continuous, uninterrupted interaction. Second, the provider must address — through reasonable policies — sexual material harmful to minors, gambling, and the distribution, sale, or use of illegal drugs, tobacco, or alcohol, with respect to covered users.
(d) Subsections (a), (b), and (c) shall take effect on the date that is 1 year after the date of the enactment of this Act.
Subsections (a), (b), and (c) take effect one year after enactment. Because the bill has not been enacted, no specific calendar date can be computed.
(e)(1)–(2) 6 UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of subsection (a), (b), or (c) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) POWERS OF COMMISSION.—The Federal Trade Commission shall enforce subsections (a), (b), and (c) 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 section. Any person who violates subsection (a), (b), or (c) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
(e)(3) AUTHORITY PRESERVED.—Nothing in this subsection may be construed to limit the authority of the Federal Trade Commission under any other provision of law.
Section 2(e) designates the FTC as the primary enforcement authority for the bill's substantive obligations. Violations of subsections (a), (b), or (c) are treated as violations of an FTC trade regulation rule regarding unfair or deceptive acts or practices. The FTC enforces with the same jurisdiction, powers, and duties as under the FTC Act. A savings clause preserves the FTC's existing authority under other laws.
(f)(1)–(4) 7 IN GENERAL.—In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of subsection (a), (b), or (c), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin such act or practice; (B) enforce compliance with such subsection; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) NOTICE.—Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action. (3) AUTHORITY OF FEDERAL TRADE COMMISSION.— (A) IN GENERAL.—On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right— (i) to intervene in the action; and (ii) upon so intervening— (I) to be heard on all matters arising therein; and (II) to file petitions for appeal. (B) LIMITATION ON STATE ACTION WHILE FEDERAL ACTION IS PENDING.—If the Federal Trade Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (a), (b), or (c) (referred to in this subparagraph as the ''Federal action''), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such subsection alleged in such complaint. (4) RULE OF CONSTRUCTION.—For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
Section 2(f) authorizes state attorneys general (and other state officials or agencies) to bring parens patriae civil actions on behalf of state residents for violations of the bill's substantive obligations. Available remedies include injunctions, compliance enforcement, damages, restitution, and other equitable relief. State enforcers must provide prior written notice to the FTC, and state actions are stayed during the pendency of a federal action by the FTC or U.S. Attorney General against the same defendant for the same violation. A rule of construction preserves state investigatory powers.
(g)(1)–(3) 8 IN GENERAL.—The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct a 4-year longitudinal study to evaluate the risks and benefits of chatbotsChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) with respect to the mental health of minorsMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5), including with respect to loneliness, anxiety, social skill building, social isolation, depression, self-harm, and suicidal ideation. (2) CONSULTATION.—In carrying out the study under paragraph (1), the Secretary shall consult with— (A) the Director of the National Institute of Mental Health; (B) pediatric mental health experts; (C) technologists; (D) ethicists; and (E) educators. (3) REPORT.—Not later than 4 years after the date of the enactment of this Act, the Secretary, acting through the Director, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committees on Commerce, Science, and Transportation and Health, Education, Labor, and Pensions of the Senate a report on the results of the study conducted under paragraph (1) and any related recommendations.
Section 2(g) directs the Secretary of Health and Human Services, through the NIH Director, to conduct a 4-year longitudinal study evaluating the risks and benefits of chatbots on minors' mental health — including loneliness, anxiety, social skill building, social isolation, depression, self-harm, and suicidal ideation. The study must be conducted in consultation with NIMH, pediatric mental health experts, technologists, ethicists, and educators. Results and recommendations must be reported to the House Committee on Energy and Commerce and the Senate Committees on Commerce, Science, and Transportation and on Health, Education, Labor, and Pensions within 4 years of enactment. This obligation falls on a government agency, not on chatbot providers.
(h) No State or political subdivision of a State may prescribe, maintain, or enforce any law, rule, regulation, requirement, standard, or other provision having the force and effect of law, if such law, rule, regulation, requirement, standard, or other provision covers a matter described in subsection (a), (b), or (c).
Section 2(h) expressly preempts state and local laws covering the same matters as subsections (a), (b), or (c). This is field preemption — no state or political subdivision may prescribe, maintain, or enforce any law, rule, regulation, requirement, standard, or other provision having the force and effect of law if it covers the same subject matter as the bill's substantive obligations.
(i) Nothing in this Act may be construed to require the affirmative collection by a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) provider of any personal information with respect to the age of a user that a chatbot providerChatbot providerThe term "chatbot provider" means a person that provides a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function.Section 2(k)(3) is not already collecting in the normal course of business.
Section 2(i) provides a rule of construction clarifying that the bill does not require chatbot providers to affirmatively collect personal information about user age beyond what they already collect in the normal course of business. This protects providers from an inference that the bill's knowledge-based trigger for covered-user status implicitly mandates age verification systems.
(j) If any provision of this Act or the application of this Act to any person or circumstance is held invalid, the remaining provisions of this Act and the application of this Act to other persons or circumstances shall not be affected.
Standard severability clause providing that if any provision is held invalid, the remaining provisions and their application to other persons or circumstances are not affected.
(k)(1) The term ''artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Section 2(k)(1)'' has the meaning given such term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Section 2(k)(1) Initiative Act of 2020 (15 U.S.C. 9401).
(k)(2) The term ''chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2)'' means an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Section 2(k)(1) system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.
(k)(3) IN GENERAL.—The term ''chatbot providerChatbot providerThe term "chatbot provider" means a person that provides a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function.Section 2(k)(3)'' means a person that provides a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. (B) LIMITATION.—A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot providerChatbot providerThe term "chatbot provider" means a person that provides a chatbot directly to a consumer for the use of the consumer, including through a website, mobile application, or other online means. A person that provides a website, mobile application, or other online service that includes a chat function incidental to the predominant purpose of such website, application, or service shall not be treated as a chatbot provider solely on the basis of such incidental chat function.Section 2(k)(3) solely on the basis of such incidental chat function.
(k)(4) The term ''covered userCovered userThe term "covered user" means a user of a chatbot if the provider of such chatbot (A) has actual knowledge that such user is a minor; or (B) would know that such user is a minor if not for willful disregard.Section 2(k)(4)'' means a user of a chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2) if the provider of such chatbotChatbotThe term "chatbot" means an artificial intelligence system, marketed to and available for use by consumers, that engages in interactive, natural-language communication with a user and generates or selects content in response to user inputs (including text, voice, or other inputs) using a conversational context.Section 2(k)(2)— (A) has actual knowledge that such user is a minorMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5); or (B) would know that such user is a minorMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5) if not for willful disregard.
(k)(5) The term ''minorMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5)'' means an individual under the age of 17 years.
(k)(6) The term ''sexual material harmful to minorsSexual material harmful to minorsThe term "sexual material harmful to minors" means a picture, image, graphic image file, film, videotape, or other visual depiction that— (A)(i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors; or (B) is child pornography.Section 2(k)(6)'' means a picture, image, graphic image file, film, videotape, or other visual depiction that— (A)(i) taken as a whole and with respect to minorsMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5), appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minorsMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5), an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minorsMinorThe term "minor" means an individual under the age of 17 years.Section 2(k)(5); or (B) is child pornography.
Section 2(k) defines six key terms used throughout the bill. Chatbot is defined broadly as any consumer-facing AI system engaging in interactive natural-language communication using conversational context. Chatbot provider covers any person providing a chatbot directly to consumers, with a carve-out for incidental chat functions on websites or apps whose predominant purpose is something else. Covered user is a chatbot user the provider actually knows is a minor or would know but for willful disregard. Notably, minor is defined as under 17 — younger than the standard under-18 threshold used in most state AI and children's privacy laws.