(1)–(9) Congress finds the following: (1) Millions of teenagers are using artificial intelligence (referred to in this section as ''AI'') chatbots for personal, sensitive conversations, disclosing intimate details about their lives, relying on AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) for advice, and developing deep emotional bonds with AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (2) In 2025, approximately 2⁄3 of teenagers reported using AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1), and roughly 1⁄4 reported using them daily. 1⁄3 of teens have chosen to speak with AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) ''companions'' over a real human for a serious conversation. In a couple tragic cases, a teenager died by suicide after encouragement or advice from an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (3) Although compulsive use of AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) may pose risks for all users, users who are minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10), whose cognitive, emotional, and social capabilities are still developing, are especially likely to misunderstand that an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is not a real human and disclose sensitive personal information to the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) or turn to the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) for social companionship. MinorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) are also more susceptible to addictive design features, anthropomorphized systems, and potentially harmful outputsOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) generated by AI systems. (4) AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) companies are employing manipulative engagement features to keep users engaged on their platforms, including high-frequency push notifications, unprompted AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) responses, typing bubble indicators, and more. These features create serious risks of emotional dependency and compulsive use among minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10). (5) AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) mimic human-like conversations by employing profilingProfilingThe term "profiling" means processing data for the purpose of detecting and classifying or designating personality and behavioral characteristics of a user of an AI chatbot.Sec. 3(13) tactics to personalize outputsOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) for users. AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) are also often designed to resemble direct messaging user interfaces. These personalization strategies and anthropomorphic design features can easily confuse users, especially minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10), who may believe they are interacting with a real person rather than AI. (6) Advertisements delivered through AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) may be woven directly into responses or may subtly steer users toward certain products based on how the model was trained. This advertising would be far more covert and harder to recognize than traditional digital advertising, especially for minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10). As highlighted by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3), many young users lack the skills or cognitive defenses needed to identify such covert or ''blurred'' advertising. (7) Extended, multiturn conversations with AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) degrade safeguards against harmful conversational patterns, increasing the likelihood of minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) receiving harmful outputsOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) generated by AI systems. (8) AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) introduce new privacy risks, as they often retain user inputs and personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) to personalize responses and to train the underlying large language models. This practice creates the potential for serious privacy violations, particularly when companies retain and processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) highly sensitive information from minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10). (9) Congress has a responsibility to address the novel risks posed by AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) and protect minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) from potential harm related to anthropomorphism, prolonged engagement, deceptive advertising, and invasive privacy practices.

(1)–(17) In this Act: (1) AI CHATBOTAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1).—The term ''AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1)'' means a natural language interface that uses a covered algorithmCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4) to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user. (2) COLLECTCollectThe term "collect" means, with respect to personal data, to buy, rent, gather, obtain, receive, access, or otherwise acquire the personal data by any means.Sec. 3(2).—The term ''collectCollectThe term "collect" means, with respect to personal data, to buy, rent, gather, obtain, receive, access, or otherwise acquire the personal data by any means.Sec. 3(2)'' means, with respect to personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12), to buy, rent, gather, obtain, receive, access, or otherwise acquire the personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) by any means. (3) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).—The term ''CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)'' means the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3). (4) COVERED ALGORITHMCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4).—The term ''covered algorithmCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4)'' means a computational processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity. (5) DEPLOYERDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5).— (A) IN GENERAL.—The term ''deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5)'' means any person that owns, operates, or otherwise makes available to users an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) in or affecting interstate commerce. (B) RULE OF CONSTRUCTION.—The terms ''deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5)'' and ''developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7)'' shall not be interpreted to be mutually exclusive. (6) DERIVED DATADerived dataThe term "derived data" means data that is created by the derivation of information, other data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information.Sec. 3(6).—The term ''derived dataDerived dataThe term "derived data" means data that is created by the derivation of information, other data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information.Sec. 3(6)'' means data that is created by the derivation of information, other data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information. (7) DEVELOPERDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7).— (A) IN GENERAL.—The term ''developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7)'' means any person that designs, codes, produces, or substantially modifies a covered algorithmCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4) for use in an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (B) RULE OF CONSTRUCTION.—The terms ''developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7)'' and ''deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5)'' shall not be interpreted to be mutually exclusive. (8) INPUT DATAInput dataThe term "input data" means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot.Sec. 3(8).—The term ''input dataInput dataThe term "input data" means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot.Sec. 3(8)'' means, with respect to an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1), all information, including text, photos, audio, video, or files, provided to the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) by a user of such AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (9) KNOWLEDGEKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9).—The term ''knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9)'' means actual knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) or knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) fairly implied on the basis of objective circumstances. (10) MINORMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10).—The term ''minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10)'' means an individual who is under the age of 18. (11) OUTPUTOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11).—The term ''outputOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11)'' means, with respect to an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1), any information, including any text, photo, audio recording, video, or file, provided by such AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) to a user. (12) PERSONAL DATAPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12).—The term ''personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12)''— (A) means information, including input dataInput dataThe term "input data" means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot.Sec. 3(8), derived dataDerived dataThe term "derived data" means data that is created by the derivation of information, other data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information.Sec. 3(6), inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available informationPublicly available informationThe term "publicly available information" — (A) IN GENERAL.—(i) means any information that a deployer has a reasonable basis to believe has been made available to the general public by— (I) Federal, State, or local government records; (II) widely distributed media; (III) a website or online service made available to any member of the public, for free or for a fee, including a website or online service that any member of the public can log into; or (IV) a disclosure to the general public that is required under Federal, State, or local law; and (ii) does not include— (I) any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); (II) biometric information; (III) genetic information, unless made publicly available by the individual to whom the information pertains by a means described in subclause (II) or (III) of clause (i); (IV) personal data that is created through the combination of personal data with publicly available information; (V) intimate images that are authentic or computer-generated, known to be nonconsensual; or (VI) personal data made available by a data broker. (B) CLARIFICATION.—For purposes of this paragraph, information from a website or online service is not available to any member of the public if the individual to whom the information pertains has restricted the information to a specific audience or maintained a default setting that restricts the information to a specific audience.Sec. 3(15). (13) PROFILINGProfilingThe term "profiling" means processing data for the purpose of detecting and classifying or designating personality and behavioral characteristics of a user of an AI chatbot.Sec. 3(13).—The term ''profilingProfilingThe term "profiling" means processing data for the purpose of detecting and classifying or designating personality and behavioral characteristics of a user of an AI chatbot.Sec. 3(13)'' means processing data for the purpose of detecting and classifying or designating personality and behavioral characteristics of a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (14) PROCESSProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14).—The term ''processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14)'' means, with respect to personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12), any operation or set of operations performed on the personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12), including analyzing, organizing, structuring, using, modifying, or otherwise handling such data. (15) PUBLICLY AVAILABLE INFORMATIONPublicly available informationThe term "publicly available information" — (A) IN GENERAL.—(i) means any information that a deployer has a reasonable basis to believe has been made available to the general public by— (I) Federal, State, or local government records; (II) widely distributed media; (III) a website or online service made available to any member of the public, for free or for a fee, including a website or online service that any member of the public can log into; or (IV) a disclosure to the general public that is required under Federal, State, or local law; and (ii) does not include— (I) any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); (II) biometric information; (III) genetic information, unless made publicly available by the individual to whom the information pertains by a means described in subclause (II) or (III) of clause (i); (IV) personal data that is created through the combination of personal data with publicly available information; (V) intimate images that are authentic or computer-generated, known to be nonconsensual; or (VI) personal data made available by a data broker. (B) CLARIFICATION.—For purposes of this paragraph, information from a website or online service is not available to any member of the public if the individual to whom the information pertains has restricted the information to a specific audience or maintained a default setting that restricts the information to a specific audience.Sec. 3(15).— (A) IN GENERAL.—The term ''publicly available informationPublicly available informationThe term "publicly available information" — (A) IN GENERAL.—(i) means any information that a deployer has a reasonable basis to believe has been made available to the general public by— (I) Federal, State, or local government records; (II) widely distributed media; (III) a website or online service made available to any member of the public, for free or for a fee, including a website or online service that any member of the public can log into; or (IV) a disclosure to the general public that is required under Federal, State, or local law; and (ii) does not include— (I) any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); (II) biometric information; (III) genetic information, unless made publicly available by the individual to whom the information pertains by a means described in subclause (II) or (III) of clause (i); (IV) personal data that is created through the combination of personal data with publicly available information; (V) intimate images that are authentic or computer-generated, known to be nonconsensual; or (VI) personal data made available by a data broker. (B) CLARIFICATION.—For purposes of this paragraph, information from a website or online service is not available to any member of the public if the individual to whom the information pertains has restricted the information to a specific audience or maintained a default setting that restricts the information to a specific audience.Sec. 3(15)''— (i) means any information that a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) has a reasonable basis to believe has been made available to the general public by— (I) Federal, State, or local government records; (II) widely distributed mediaWidely distributed mediaThe term "widely distributed media" — (A) means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site, that is available to the general public on an unrestricted basis; and (B) does not include an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code).Sec. 3(17); (III) a website or online service made available to any member of the public, for free or for a fee, including a website or online service that any member of the public can log into; or (IV) a disclosure to the general public that is required under Federal, State, or local law; and (ii) does not include— (I) any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); (II) biometric information; (III) genetic information, unless made publicly available by the individual to whom the information pertains by a means described in subclause (II) or (III) of clause (i); (IV) personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) that is created through the combination of personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) with publicly available informationPublicly available informationThe term "publicly available information" — (A) IN GENERAL.—(i) means any information that a deployer has a reasonable basis to believe has been made available to the general public by— (I) Federal, State, or local government records; (II) widely distributed media; (III) a website or online service made available to any member of the public, for free or for a fee, including a website or online service that any member of the public can log into; or (IV) a disclosure to the general public that is required under Federal, State, or local law; and (ii) does not include— (I) any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); (II) biometric information; (III) genetic information, unless made publicly available by the individual to whom the information pertains by a means described in subclause (II) or (III) of clause (i); (IV) personal data that is created through the combination of personal data with publicly available information; (V) intimate images that are authentic or computer-generated, known to be nonconsensual; or (VI) personal data made available by a data broker. (B) CLARIFICATION.—For purposes of this paragraph, information from a website or online service is not available to any member of the public if the individual to whom the information pertains has restricted the information to a specific audience or maintained a default setting that restricts the information to a specific audience.Sec. 3(15); (V) intimate images that are authentic or computer-generated, known to be nonconsensual; or (VI) personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) made available by a data broker. (B) CLARIFICATION.—For purposes of this paragraph, information from a website or online service is not available to any member of the public if the individual to whom the information pertains has restricted the information to a specific audience or maintained a default setting that restricts the information to a specific audience. (16) TRANSFERTransferThe term "transfer" means, with respect to personal data, to disclose, release, share disseminate, make available, sell, rent, or license the personal data (orally, in writing, electronically, or by any other means).Sec. 3(16).—The term ''transferTransferThe term "transfer" means, with respect to personal data, to disclose, release, share disseminate, make available, sell, rent, or license the personal data (orally, in writing, electronically, or by any other means).Sec. 3(16)'' means, with respect to personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12), to disclose, release, share disseminate, make available, sell, rent, or license the personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) (orally, in writing, electronically, or by any other means). (17) WIDELY DISTRIBUTED MEDIAWidely distributed mediaThe term "widely distributed media" — (A) means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site, that is available to the general public on an unrestricted basis; and (B) does not include an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code).Sec. 3(17).—The term ''widely distributed mediaWidely distributed mediaThe term "widely distributed media" — (A) means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site, that is available to the general public on an unrestricted basis; and (B) does not include an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code).Sec. 3(17)''— (A) means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site, that is available to the general public on an unrestricted basis; and (B) does not include an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code).

(a)(1)–(2) 1 REQUIRED DISCLOSURES.— (1) IN GENERAL.—A deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) shall disclose that— (A) the user is not interacting with a human; and (B) any content provided by the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is generated by artificial intelligence. (2) CONTENT AND DURATION OF DISCLOSURE.—A disclosure made by a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) pursuant to paragraph (1) shall— (A) be stated in clear, plain, and easy-to-understand language suited to the age of minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) likely to access the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1); (B) occur at the beginning of every session (as defined by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)); (C) reoccur not less than once every 30 minutes during a session (as so defined); and (D) be appropriate for the medium of the content, as determined by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).

(b)(1)–(2) 2 LIMITATION ON THE PROCESSING OF PERSONAL DATAPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) TO PROVIDE OUTPUTSOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11).— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) shall promulgate regulations to prohibit a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) from processing any personal data of the user to generate, personalize, or otherwise affect an outputOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) provided to such user, unless the personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) was collected during the current session (as defined by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)) more recently than the maximum permitted period of use established by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) under paragraph (2). (2) MAXIMUM PERMITTED PERIOD OF USE.—In promulgating the regulations described in paragraph (1), the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) shall determine a maximum permitted period of use during which a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) may collectCollectThe term "collect" means, with respect to personal data, to buy, rent, gather, obtain, receive, access, or otherwise acquire the personal data by any means.Sec. 3(2) personal dataPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) from such a user and processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) such data to generate, personalize, or otherwise affect an outputOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) (as defined by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)) provided to such user during a current session (as defined by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)).

(c)(1)–(5) 3 EXCLUSION OF FEATURES THAT ENCOURAGE COMPULSIVE USE.—Not later than 1 year after the date of enactment of this Act, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) shall promulgate regulations to prohibit a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) from configuring such AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) to include, with respect to such user, the following features: (1) Any reward or incentive based on the frequency of use, time spent, or activity using the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (2) Notifications and push alerts, other than a disclosure required by subsection (a). (3) Any badge or other visual award symbol based on the frequency of use, time spent, or activity using the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (4) Generation of an outputOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) absent a user-initiated input or any form of solicitation of engagement from a user. (5) Usage traces that mimic social interactions with a human, such as typing bubbles or indicators showing that the AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is available or online.

(a)(1)–(2) 4 PROHIBITION ON ADVERTISING AND PROMOTION.—A deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) shall not configure or modify an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) to— (1) advertise to such user; or (2) generate an outputOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) that promotes, markets, recommends, or endorses a product or service to such user if the weight or credibility of such promotion, marketing, recommendation, or endorsement is materially affected by a financial connection between the deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) and the seller of such product or service.

(b) 5 PROHIBITION ON PROCESSING OF PERSONAL DATAPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) FOR PROFILINGProfilingThe term "profiling" means processing data for the purpose of detecting and classifying or designating personality and behavioral characteristics of a user of an AI chatbot.Sec. 3(13).—A deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) shall not processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) any personal data of the user to engage in any profiling of such user.

(c)(1)–(2) 6 PROHIBITION ON THE PROCESSING OR TRANSFERRING OF PERSONAL DATAPersonal dataThe term "personal data" — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information.Sec. 3(12) TO TRAIN A COVERED ALGORITHMCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4).— (1) IN GENERAL.—Except as provided in paragraph (2), a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) shall not— (A) processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) the personal data of such minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) for the purpose of training a covered algorithmCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4); or (B) transferTransferThe term "transfer" means, with respect to personal data, to disclose, release, share disseminate, make available, sell, rent, or license the personal data (orally, in writing, electronically, or by any other means).Sec. 3(16) the personal data of such minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) to a third party for the purpose of training a covered algorithmCovered algorithmThe term "covered algorithm" means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity.Sec. 3(4). (2) EXCEPTIONS.—A deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) may processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) personal data of such minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) for the express purpose of— (A) testing and identifying risks of harm to users; or (B) addressing identified risks of harm to users.

(d)(1)–(3) 7 PROHIBITION ON PROCESSING OF INPUT DATAInput dataThe term "input data" means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot.Sec. 3(8).—Beginning on the date that is 30 days after the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) promulgates regulations under section 4(b)(1), a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) with knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) that a user of an AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) is a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) shall not processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) any input dataInput dataThe term "input data" means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot.Sec. 3(8) provided to such AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) by such user for any purpose, other than for the express purpose of— (1) generating, personalizing, or affecting an outputOutputThe term "output" means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user.Sec. 3(11) provided to such user when the input dataInput dataThe term "input data" means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot.Sec. 3(8) was collected during the current session (as defined by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)) more recently than the maximum permitted period of use established by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) under section 4(b)(2); (2) testing and identifying risks of harm to users; or (3) addressing identified risks of harm to users.

8 A deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) may not, directly or indirectly, discharge, demote, suspend, threaten, harass, or otherwise discriminate or retaliate against an individual for raising a concern regarding a violation of this Act, reporting or attempting to report a violation of this Act, or cooperating in any investigation or enforcement proceeding pursuant to this Act.

(1)–(2) 9 Section 1432 of the Restoring Hope for Mental Health and Well-Being Act of 2022 (42 U.S.C. 285g–11) is amended— (1) inated subsection (a), by inserting, ''AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1),'' after ''augmented reality,''; and (2) by adding at the end the following: ''(e) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated $50,000,000 for each of fiscal years 2027 through 2030.''.

(1)–(5) 10 The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Director of the National Institutes of Health, shall incorporate questions related to the use, by youth and by adults, of AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) into national health and behavioral surveys conducted by the Department of Health and Human Services, including the Household Pulse Survey and the Youth Risk Behavior Surveillance System of the Centers for Disease Control and Prevention, including questions designed to capture the following: (1) Frequency and duration of AI chatbotAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) uses. (2) Types of AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) accessed, such as AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) designed for mental health, educational, or entertainment purposes or general purpose AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1) that are engaged for such purposes. (3) Age of first use of, and primary contexts of engagement with, AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (4) Emotional, psychological, or behavioral impacts perceived by users of AI chatbotsAI chatbotThe term "AI chatbot" means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user.Sec. 3(1). (5) Exposure to content that the user perceives to be harmful or inappropriate.

(a)(1)–(2) ENFORCEMENT BY THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).— (1) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of section 4, 5, or 6, or a regulation promulgated thereunder, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) Act (15 U.S.C. 57a(a)(1)(B)). (2) POWERS OF THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).— (A) IN GENERAL.—The CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) shall enforce sections 4, 5, and 6 and any regulation promulgated thereunder 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) PRIVILEGES AND IMMUNITIES.—Any deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) that violates section 4, 5, or 6, or a regulation promulgated thereunder, shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) Act (15 U.S.C. 41 et seq.). (C) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) under any other provision of law. (D) RULEMAKING.—In addition to the specific rulemaking requirements described in section 4, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act.

(b)(1)–(4) ENFORCEMENT BY STATES.— (1) AUTHORIZATION.—In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) in an act or practice that violates section 4, 5, or 6, or a regulation promulgated thereunder, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin such act or practice; (B) enforce compliance with section 4, 5 or 6, or a regulation promulgated thereunder; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) RIGHTS OF THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).— (A) NOTICE TO THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).— (i) IN GENERAL.—Except as provided in clause (iii), before initiating a civil action under paragraph (1), the attorney general of a State shall notify the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) in writing that the attorney general intends to bring such civil action. (ii) CONTENTS.—The notification required to be filed by clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) EXCEPTION.—If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) immediately upon instituting the civil action. (B) INTERVENTION BY THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).—Upon receiving the notice required by subparagraph (A), the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) may intervene in the civil action and, upon intervening— (i) be heard on all matters arising in the civil action; and (ii) file petitions for appeal of a decision in the civil action. (C) PREEMPTIVE ACTION BY THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3).—If the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) has instituted a civil action for a violation of subsection (a), no State officer may bring an action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) for any violation of subsection (a) alleged in the complaint. (3) INVESTIGATORY POWERS.—Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) VENUE; SERVICE OF PROCESSProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14).— (A) VENUE.—Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) SERVICE OF PROCESSProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14).—In an action brought under paragraph (1), processProcessThe term "process" means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data.Sec. 3(14) may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found.

(c)(1)–(2) PRIVATE RIGHT OF ACTION.— (1) IN GENERAL.—Any parent or legal guardian of a minorMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) may bring a civil action in any court of competent jurisdiction against a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7) for a violation of section 4 or 5, or a regulation promulgated thereunder, by the deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) or developerDeveloperThe term "developer" means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. The terms "developer" and "deployer" shall not be interpreted to be mutually exclusive.Sec. 3(7). (2) RELIEF.—In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) actual damages; (B) punitive damages; (C) reasonable attorney's fees and litigation costs; (D) injunctive relief or declaratory relief; or (E) any other relief that the court determines appropriate.

(d) RELATIONSHIP TO STATE LAW.—The provisions of this Act shall preempt any State law, rule, or regulation only to the extent that such State law, rule, or regulation conflicts with a provision of this Act. Nothing in this Act shall be construed to prohibit any State from enacting a law, rule, or regulation that provides greater protection to minorsMinorThe term "minor" means an individual who is under the age of 18.Sec. 3(10) than the provisions of this Act.

(e) SEVERABILITY.—If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by the invalidation.

(a) RULES OF CONSTRUCTION.—For purposes of enforcing this Act or a regulation promulgated thereunder, in making a determination as to whether a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) has knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) fairly implied on the basis of objective circumstances that a specific user is a child or teen, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) or the attorney general of a State, as applicable, shall rely on competent and reliable evidence, taking into account the totality of the circumstances, including whether a reasonable and prudent person under the circumstances would have known that the user is a child or teen. Nothing in this Act, including a determination described in the preceding sentence, shall be construed to require a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) to— (1) affirmatively collectCollectThe term "collect" means, with respect to personal data, to buy, rent, gather, obtain, receive, access, or otherwise acquire the personal data by any means.Sec. 3(2) any personal information with respect to the age of a child or teen that an operator is not already collecting in the normal course of business; or (2) implement an age gating or age verification functionality.

(b)(1)–(2) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) GUIDANCE.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) shall issue guidance to provide information for deployersDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) to understand the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3)'s determination of whether a deployerDeployerThe term "deployer" means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Sec. 3(5) has knowledgeKnowledgeThe term "knowledge" means actual knowledge or knowledge fairly implied on the basis of objective circumstances.Sec. 3(9) fairly implied on the basis of objective circumstances that a user is a child or teen, including best practices and examples. (2) LIMITATION.—No guidance issued by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) or the attorney general of a State, as applicable, shall allege a specific violation of a provision of this Act. The CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) or the attorney general of a State, as applicable, may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidance, unless the practices allegedly violate this Act. For purposes of enforcing this Act or a regulation promulgated thereunder, the attorney general of a State shall take into account any guidance issued by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 3(3) under paragraph (1).