HouseH.R. 10719119th Congress

Protecting Kids from Human-Like Chatbots Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10719 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10719

To establish age-appropriate design standards and safety safeguards for 
  artificial intelligence chatbots accessed by minors, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2026

Mr. Whitesides (for himself, Mr. Kennedy of Utah, Ms. Matsui, and Mrs. 
Miller-Meeks) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
    Science, Space, and Technology, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To establish age-appropriate design standards and safety safeguards for 
  artificial intelligence chatbots accessed by minors, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Kids from Human-Like 
Chatbots Act''.

SEC. 2. LIMITATION ON PERSONIFIED CHATBOTS AVAILABLE TO MINORS FOR USE.

    (a) Developer Requirements.--
            (1) In general.--Except as provided in subsection (f)(3), 
        it shall be unlawful for a developer to make a chatbot that 
        does not satisfy the requirements of paragraph (2) available as 
        a service for deployment to consumers that such developer 
        knows, or reasonably should know, will be available to, or is 
        reasonably likely to be used by, a minor.
            (2) Requirements.--A chatbot that satisfies the 
        requirements of this subsection is a chatbot that--
                    (A) is designed--
                            (i) to support the non-personified default 
                        setting;
                            (ii) so that the non-personified default 
                        setting is active upon the first interaction of 
                        any user with the chatbot, unless a reasonable 
                        determination has been made, on the basis of 
                        the totality of the information described in 
                        section 3(5)(B), that the user is not a minor;
                            (iii) to require no action from a minor, or 
                        a parent or a legal guardian of a minor to 
                        enable the non-personified default setting; and
                            (iv) in a manner that ensures the non-
                        personified default setting and any other 
                        operational setting are technically separable, 
                        such that a provider can activate the non-
                        personified default setting for a minor user 
                        and restrict the access of such user to any 
                        other operational setting; and
                    (B) is capable of preventing the non-personified 
                default setting from being disengaged with respect to a 
                user for whom a determination described in subparagraph 
                (A)(ii) has not been made.
    (b) Provider Requirements.--
            (1) In general.--Except as provided in subsection (f)(4), a 
        provider may not make a chatbot available to end users unless, 
        with respect to such chatbot, the provider--
                    (A) ensures that, with respect to any user the 
                provider knows or has reason to know is a minor, the 
                default operational setting of the chatbot is the non-
                personified default setting;
                    (B) maintains a parental controls framework that 
                enables a parent or legal guardian, or, with respect to 
                a school-managed deployment, the educational agency or 
                institution or an authorized educator acting on behalf 
                of such agency or institution, to manage the non-
                personified default setting, and settings related to 
                such setting, with respect to the account of a user the 
                provider knows or has reason to know is a minor;
                    (C) includes an account framework capable of 
                supporting the non-personified default setting and the 
                parental controls framework, except with respect to a 
                deployment in which the non-personified default setting 
                is the only operational setting available to any user 
                and cannot be disengaged;
                    (D) permits the non-personified default setting to 
                be adjusted only through an affirmative, deliberate 
                action in account settings by a person authorized under 
                subsection (e), and does not prompt, suggest, or 
                facilitate any such adjustment through chatbot 
                engagement or design elements; and
                    (E) does not modify, override, suppress, or 
                otherwise interfere with the non-personified default 
                setting, including through system-level instructions or 
                interface design, in a manner that causes the non-
                personified default setting of the chatbot to fail to 
                comply with section 3(7).
            (2) Rule of construction.--For purposes of paragraph 
        (1)(B), a parental controls framework that determines whether a 
        person is the parent or legal guardian of a minor user solely 
        on the basis of statements by any individual, including the 
        minor user, does not enable a provider to reasonably confirm 
        that the non-personified default setting of the account of the 
        minor user is managed by a parent or legal guardian of the 
        minor user.
    (c) Dual-Role Entities.--An entity that is both a developer and a 
provider with respect to the same chatbot shall satisfy the 
requirements of both subsection (a) and subsection (b) with respect to 
such chatbot.
    (d) Prohibition on Nudging.--
            (1) In general.--A developer or provider subject to 
        subsection (a) or (b) may not, through any means, including the 
        means specified in paragraph (2), nudge, prompt, suggest, 
        encourage, or otherwise induce a user the developer or provider 
        knows or has reason to know is a minor, or for whom a 
        determination described in subsection (a)(2)(A)(ii) has not 
        been made, to disable, modify, or circumvent the non-
        personified default setting or to misrepresent the age of the 
        user.
            (2) Specified means.--The means specified in this paragraph 
        are as follows:
                    (A) Training, fine-tuning, reward optimization, or 
                system-level instructions designed or optimized to 
                generate responses that encourage or request that the 
                minor alter communication or operational settings.
                    (B) Interface design elements, dark patterns, or 
                notifications that direct or encourage users to alter 
                the non-personified default setting.
                    (C) Any representation to the minor, with respect 
                to the chatbot, that the performance, utility, or 
                relationship to the minor will improve if the non-
                personified default setting is disabled.
    (e) Adjustments of Non-Personified Default Setting.--
            (1) In general.--Except as provided in paragraph (2), the 
        parent or legal guardian of a user who is a minor shall have 
        exclusive authority to adjust, using the parental controls 
        framework, the non-personified default setting of the chatbot 
        with which such user is interacting.
            (2) School-managed deployments.--
                    (A) Exclusion.--Paragraph (1) shall not apply with 
                respect to school-managed deployments of chatbots.
                    (B) Authorized educators.--An authorized educator, 
                acting on behalf of an educational agency or 
                institution, may adjust the non-personified default 
                setting of a chatbot deployed pursuant to a school-
                managed deployment if such adjustment--
                            (i) is for a bona fide educational purpose; 
                        and
                            (ii) applies only to accounts provisioned 
                        by such educational agency or institution.
    (f) Rules of Construction.--
            (1) Provider liability shield.--
                    (A) In general.--A provider that implements, 
                without material modification, a non-personified 
                default setting designed by a developer in compliance 
                with subsection (a) shall not be liable under this Act 
                for a failure of such setting that is attributable to 
                the design of such setting.
                    (B) Exclusion.--Subparagraph (A) shall not apply to 
                a provider described in paragraph (3)(B).
            (2) Developer liability shield.--A developer in compliance 
        with subsection (a) shall not be liable under this Act for the 
        failure of a provider to activate, configure, or maintain the 
        non-personified default setting while the chatbot is deployed.
            (3) Developer terms prohibiting deployment to minors.--
                    (A) In general.--Subsection (a) shall not apply to 
                a developer with respect to a deployment of a chatbot 
                by a provider if the developer--
                            (i) contractually prohibits the provider 
                        from making the chatbot available to minors, or 
                        from deploying the chatbot in a manner 
                        reasonably likely to result in use by minors;
                            (ii) obtains from the provider, before 
                        making the chatbot available to the provider, 
                        an affirmative representation that the provider 
                        will not deploy the chatbot in a manner 
                        reasonably likely to result in use by minors;
                            (iii) does not know, and does not have 
                        knowledge fairly implied on the basis of 
                        objective circumstances, that the provider is 
                        making the chatbot available to minors in 
                        violation of such prohibition; and
                            (iv) upon obtaining such knowledge, 
                        suspends or terminates the provider's access to 
                        the chatbot not later than 14 days thereafter, 
                        unless the provider has cured the violation 
                        within such period.
                    (B) Provider treated as a developer.--A provider 
                that makes a chatbot available to minors in violation 
                of a prohibition described in subparagraph (A)(i)--
                            (i) shall be treated as the developer of 
                        such chatbot for purposes of this section with 
                        respect to the deployment of such chatbot; and
                            (ii) shall not be entitled to the provider 
                        liability shield under paragraph (1) with 
                        respect to such deployment.
                    (C) Effect on developer knowledge.--A deployment to 
                which subparagraph (A) applies may not be considered in 
                determinations of whether a developer knows or 
                reasonably should know that a chatbot will be available 
                to, or is reasonably likely to be used by, minors for 
                purposes of subsection (a).
            (4) Providers that do not serve minors.--
                    (A) In general.--Subsections (b) and (e) shall not 
                apply to a provider with respect to a chatbot if the 
                provider--
                            (i) prohibits minors from creating an 
                        account for, accessing, or using the chatbot 
                        under the terms of service of the provider;
                            (ii) requires each user, at the time of 
                        account creation, to affirmatively represent 
                        that the user is not a minor;
                            (iii) does not direct the chatbot to 
                        minors, taking into account the subject matter, 
                        visual and audio content, marketing, and actual 
                        audience composition of the chatbot and the 
                        other factors described in section 312.2 of 
                        title 16, Code of Federal Regulations (or any 
                        successor regulation), for determining whether 
                        a website or online service is directed to 
                        minors;
                            (iv) suspends or terminates the access of a 
                        user to the chatbot not later than--
                                    (I) 48 hours after the date on 
                                which the provider obtains actual 
                                knowledge that the user is a minor; or
                                    (II) 14 days after the date on 
                                which the provider otherwise has reason 
                                to know, as described in section 
                                3(5)(A)(ii), that the user is a minor;
                            (v) does not permit a user the provider 
                        knows or has reason to know is a minor whose 
                        access was suspended or terminated under clause 
                        (iv) to access the chatbot through a new 
                        account; and
                            (vi) does not, through any means described 
                        in subsection (d)(2), encourage or induce a 
                        user to misrepresent the age of the user.
                    (B) Conforming treatment.--With respect to a 
                chatbot made available by a provider described in 
                subparagraph (A)--
                            (i) a representation described in clause 
                        (ii) of such subparagraph shall be deemed to 
                        constitute a determination described in 
                        subsection (a)(2)(A)(ii) with respect to the 
                        user making such representation, unless the 
                        information described in section 3(5)(B) would 
                        lead a reasonable provider to determine that 
                        the user is likely to be a minor; and
                            (ii) such deployment shall not be 
                        considered in determining whether a developer 
                        knows or reasonably should know that a chatbot 
                        will be available to, or is reasonably likely 
                        to be used by, minors.
    (g) Public Input.--Not later than 120 days after the date of the 
enactment of this Act, the National Institute of Standards and 
Technology, in coordination with the Federal Trade Commission, shall--
            (1) publish a request for information soliciting public 
        comment on the technical, development, and implementation 
        considerations relevant to this Act; and
            (2) convene not fewer than 1 public workshop to receive 
        input from chatbot developers and providers, technical experts, 
        child development experts, and other interested parties.
    (h) Technical Standards and Guidance.--
            (1) Interim guidance.--Not later than 6 months after the 
        date of the enactment of this Act, the Director of the National 
        Institute of Standards and Technology shall publish for public 
        comment interim voluntary technical guidance that includes the 
        elements described in paragraph (3).
            (2) Final guidance.--Not later than 18 months after the 
        date of the enactment of this Act, the Director shall publish 
        final voluntary technical guidance that includes such elements. 
        In developing such final guidance, the Director shall 
        consider--
                    (A) public comments with respect to the interim 
                guidance under paragraph (1);
                    (B) input received under subsection (g); and
                    (C) any voluntary consensus technical standards 
                developed under paragraph (4).
            (3) Elements.--Consensus technical standards or technical 
        guidance developed pursuant to this subsection shall--
                    (A) provide technical specifications and testing 
                methodologies for assessing whether chatbot designs and 
                deployments conform to the non-personified default 
                setting;
                    (B) identify example outputs that do and do not 
                conform to the non-personified default setting;
                    (C) address technical approaches to maintaining the 
                non-personified default setting, including system 
                prompt design, fine-tuning protocols, reward function 
                optimization, and alignment techniques;
                    (D) establish evaluation benchmarks, red-teaming 
                methodologies, and test datasets to assess whether 
                model configurations and system-level instructions 
                conform to the non-personified default setting;
                    (E) address implementation of school-managed 
                deployment;
                    (F) direct how the authority of an educator is 
                authenticated;
                    (G) address the timing, frequency, and form of the 
                disclosures described in section 3(7)(A), including 
                what constitutes an extended interaction with a 
                chatbot; and
                    (H) address methods by which a provider may 
                reasonably confirm that the non-personified default 
                setting of the account of a minor user is managed by a 
                parent or legal guardian of such user, including the 
                technical and procedural controls appropriate for such 
                confirmation.
            (4) Consensus technical standards.--The Director shall 
        carry out activities to support the development of voluntary 
        consensus technical standards with respect to the matters 
        described in paragraph (3).
            (5) Partnerships.--In carrying out activities under this 
        subsection, the Director may enter into a cooperative agreement 
        with appropriate nongovernmental organizations, including 
        standards development organizations, to facilitate the 
        development of consensus technical standards or technical 
        guidance described in this subsection.
            (6) Outreach.--The Director shall conduct outreach and 
        coordination activities to share technical expertise with 
        relevant private sector entities, institutions of higher 
        education, nonprofit organizations, standards development 
        organizations, and Federal agencies, to support the development 
        of consensus technical standards and technical guidance 
        described in this subsection.
            (7) Periodic update.--Not less frequently than once every 2 
        years after the publication of final guidance under paragraph 
        (2), the Director shall review and, as appropriate, update such 
        guidance to reflect developments in technology and voluntary 
        consensus technical standards.
            (8) Rule of construction.--
                    (A) In general.--Nothing in this subsection may be 
                construed to impose any requirement on a developer or 
                provider.
                    (B) Effect of compliance with guidance.--Conformity 
                with guidance published under this subsection shall 
                have the effect provided in subparagraphs (C) and (D) 
                of subsection (i)(3).
    (i) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a), (b), or (d) 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 (d) 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 Act. Any person who 
        violates such subsections shall be subject to the penalties and 
        entitled to the privileges and immunities provided in the 
        Federal Trade Commission Act.
            (3) Penalties.--
                    (A) Distinct violations.--For purposes of 
                calculating civil penalties--
                            (i) each minor user with respect to whom a 
                        provider fails to comply shall constitute a 
                        separate and distinct violation of subsection 
                        (a), (b), or (d); and
                            (ii) each chatbot, or distinct version of a 
                        chatbot, that a developer makes available in 
                        violation of subsection (a) shall constitute a 
                        separate and distinct violation with respect to 
                        each provider to which, and each deployment 
                        through which, such chatbot is made available, 
                        without regard to the number of end users of 
                        any such deployment.
                    (B) Continuing violations.--If a developer or 
                provider fails to remediate a violation within 30 days 
                after receiving written notice of such violation from 
                the Federal Trade Commission, each day of continued 
                noncompliance thereafter constitutes a separate 
                violation with respect to each affected minor user.
                    (C) Good faith compliance shield.--No civil penalty 
                shall apply with respect to any period during which a 
                developer or provider implemented the non-personified 
                default setting in material conformity with--
                            (i) the interim guidance under subsection 
                        (h)(1), before the date on which the final 
                        guidance under subsection (h)(2) is issued; or
                            (ii) the final guidance under subsection 
                        (h)(2).
                    (D) Standard of conformity.--
                            (i) Determinations.--Whether the non-
                        personified default setting of a chatbot 
                        conforms to subparagraphs (B) and (C) of 
                        section 3(7) shall be determined on the basis 
                        of outputs of the chatbot in the ordinary 
                        course of operation, as demonstrated through 
                        testing consistent with the guidance published 
                        under subsection (h).
                            (ii) Nonconforming outputs.--An isolated 
                        nonconforming output shall not, by itself, 
                        establish nonconformance if the developer or 
                        provider has tested the setting in accordance 
                        with such guidance and promptly corrects the 
                        cause of such output.
                            (iii) Effect of compliance.--A chatbot that 
                        satisfies the testing methodologies contained 
                        in such guidance shall be presumed to conform 
                        to such subparagraphs, subject to rebuttal by 
                        evidence of a pattern of nonconforming outputs.
    (j) Actions by States.--
            (1) 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 (d), 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, or 
                subsections;
                    (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.--On receiving 
        notice under paragraph (2) of an action under this subsection, 
        the Federal Trade Commission shall have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard on all matters 
                arising therein; and
                    (C) to file petitions for appeal.
            (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.
    (k) Rules of Construction; Preemption; Severability.--
            (1) No age verification required.--
                    (A) In general.--Nothing in this Act may be 
                construed to require a developer or provider to--
                            (i) implement any specific age 
                        verification, age estimation, or age assurance 
                        measures or technologies; or
                            (ii) collect, retain, or process any 
                        personal information that the developer or 
                        provider does not otherwise collect, retain, 
                        process, or have a right to access or use, for 
                        purposes unrelated to this Act.
                    (B) Consideration of existing information.--Nothing 
                in subparagraph (A) may be construed to relieve a 
                developer or provider of the obligation to consider the 
                information described in section 3(5)(B) when 
                determining whether a user is a minor for purposes of 
                this Act.
            (2) Relationship to state law.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the provisions of this Act shall preempt any law, 
                rule, requirement, or regulation of a State, or a 
                political subdivision of a State, only to the extent 
                that such law, rule, requirement, or regulation 
                conflicts with a provision of this Act.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                nothing in this Act, including technical standards and 
                guidance published pursuant to this Act, may be 
                construed--
                            (i) to preempt any law, rule, requirement, 
                        or regulation of a State, or political 
                        subdivision of a State, with respect to 
                        contract, tort, or product liability; or
                            (ii) to prohibit a State, or a political 
                        subdivision of a State, from enacting or 
                        enforcing any law, rule, requirement, or 
                        regulation that provides greater protection to 
                        minors than the protection provided by the 
                        provisions of this Act.
            (3) Severability.--
                    (A) In general.--If any clause, sentence, 
                paragraph, subdivision, section, or part of this Act, 
                or the application thereof to any person or 
                circumstance, is adjudged by any court of competent 
                jurisdiction to be invalid or unenforceable, such 
                judgment shall not affect, impair, or invalidate the 
                remainder of this Act, but shall be confined in its 
                operation to the clause, sentence, paragraph, 
                subdivision, section, or part directly involved in the 
                controversy in which such judgment was rendered.
                    (B) Section 3(7).--Each element of the definition 
                of the term ``non-personified default setting'' in 
                section 3(7), including each clause and subclause of 
                subparagraphs (A) through (C) of such section, is 
                severable from each other requirement of such section. 
                The invalidity of any such requirement shall not affect 
                the validity of any other requirement, including the 
                requirements under subparagraph (A) of such section.
                    (C) Sense of congress.--It is the sense of Congress 
                that this Act would have been enacted even if such 
                invalid provisions had not been included.
            (4) Non-personified default setting.--Nothing in section 
        3(7) may be construed to--
                    (A) restrict the use of natural language by a 
                chatbot, including first or second person grammar, 
                politeness, warmth of tone, humor, age-appropriate 
                vocabulary, or accurate statements regarding the 
                capabilities and limitations of the chatbot; or
                    (B) prohibit a chatbot from--
                            (i) expressing concern for the safety of a 
                        user;
                            (ii) providing age-appropriate safety 
                        resources;
                            (iii) encouraging a user to seek help from 
                        a parent, trusted adult, or professional; or
                            (iv) portraying, at the request of a user, 
                        a clearly fictional or historical character for 
                        an educational or creative purpose, provided 
                        that section 3(7)(A) is satisfied and clauses 
                        (ii) through (v) of section 3(7)(B) are 
                        satisfied with respect to the user.
    (l) Effective Date.--Subsections (a), (b), (d), and (e) shall take 
effect on the date that is one year after the date of the enactment of 
this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authorized educator.--
                    (A) In general.--The term ``authorized educator'' 
                means an individual employed or engaged by an 
                educational agency or institution who, within the scope 
                of such employment and under the administrative control 
                of the educational agency or institution, is permitted 
                by the institution to configure or adjust the non-
                personified default setting within a school-managed 
                deployment.
                    (B) Exclusion.--Such term does not include such an 
                individual whose status as an educator is self-attested 
                through chatbot interaction.
            (2) Chatbot.--
                    (A) In general.--The term ``chatbot'' means any 
                software application that--
                            (i) generates responses that are not fully 
                        predetermined; and
                            (ii) accepts open-ended, natural-language, 
                        or multimodal user input and produces adaptive 
                        or context-responsive output.
                    (B) Exclusion.--Such term does not include the 
                following software applications:
                            (i) A software application that--
                                    (I) generates responses that are 
                                limited to a predetermined or narrowly 
                                bounded set of subject matter, 
                                including--
                                            (aa) customer service;
                                            (bb) appointment 
                                        scheduling; or
                                            (cc) retrieval of 
                                        information from a defined 
                                        dataset; and
                                    (II) is unable to engage in open-
                                ended dialogue on a range of topics 
                                outside of such narrow specified 
                                purpose.
                            (ii) A software application that is made 
                        available exclusively to an enterprise, 
                        professional practice, or institution for use 
                        by its employees, contractors, or other 
                        personnel in connection with the work of such 
                        employees, contractors, or other personnel, and 
                        is not made available to individual consumers.
            (3) Developer.--The term ``developer'' means an entity that 
        designs, codes, trains, fine-tunes, or substantially modifies 
        an artificial intelligence chatbot.
            (4) Educational agency or institution.--The term 
        ``educational agency or institution'' means any public or 
        private agency or institution to which funds have been made 
        available by the Secretary of Education that--
                    (A) provides educational services or instruction, 
                or both, to students; or
                    (B) is authorized to direct and control public 
                elementary or secondary, or postsecondary educational 
                institutions.
            (5) Knows or has reason to know.--
                    (A) In general.--The term ``knows or has reason to 
                know'', with respect to whether a user is a minor, 
                means that a developer or provider--
                            (i) has actual knowledge that the user is a 
                        minor; or
                            (ii) possesses, has a right of access to or 
                        use of, or generates information described in 
                        subparagraph (B) the totality of which would 
                        lead a reasonable developer or provider to 
                        determine that the user is likely to be a 
                        minor.
                    (B) Information described.--The information 
                described in this subparagraph is all information and 
                inferences relating to the age of an individual that 
                the developer or provider possesses, has a right of 
                access to or use of, or generates, from any source, 
                including--
                            (i) the age provided by the user in 
                        connection with the account;
                            (ii) the self-identified age of the user in 
                        any chat or interaction to which the developer 
                        or provider possesses a right of access or use;
                            (iii) any age the developer or provider 
                        attributes to or associates with the user for 
                        any purpose, including marketing, advertising, 
                        audience measurement, or product development;
                            (iv) any age determination, estimation, or 
                        assurance result the developer or provider 
                        obtains, generates, or receives to comply with 
                        any other Federal or State law or regulation, 
                        or with the terms of any platform or service 
                        through which the chatbot is distributed; and
                            (v) any age-related information obtained by 
                        the developer or provider in the course of 
                        administering a prohibition described in 
                        section 2(f)(3)(A)(i) or section 2(f)(4)(A)(i).
                    (C) Rule of construction.--Nothing in this 
                paragraph may be construed to require a developer or 
                provider to begin accessing or collecting any user 
                information or data to which the developer or provider 
                does not have access, or does not otherwise collect, 
                for purposes not related to this Act.
            (6) Minor.--The term ``minor'' means an individual under 
        the age of 18.
            (7) Non-personified default setting.--The term ``non-
        personified default setting'' means an operational setting of a 
        chatbot that ensures the chatbot--
                    (A) clearly and conspicuously identifies itself as 
                an artificial intelligence system and not as a human 
                being--
                            (i) at the commencement of each session;
                            (ii) periodically during any extended 
                        interaction; and
                            (iii) in response to any inquiry by the 
                        user;
                    (B) is configured, whether through training, fine-
                tuning, reward optimization, system-level instructions, 
                interface design, or otherwise, so that it does not--
                            (i) represent, expressly or by implication, 
                        in a manner that a reasonable minor would 
                        understand as conveying, that the chatbot--
                                    (I) is human or alive;
                                    (II) has a body or a life outside 
                                its interactions with users;
                                    (III) has consciousness, feelings, 
                                emotions, or desires; or
                                    (IV) is acting in the capacity of a 
                                licensed or credentialed professional;
                            (ii) simulate, expressly or by implication, 
                        in a manner that a reasonable minor would 
                        understand as conveying, an emotional 
                        attachment or a personal, romantic, or sexual 
                        relationship with the user, including by--
                                    (I) portraying itself as a friend, 
                                romantic partner, family member, or 
                                therapist;
                                    (II) encouraging the user to rely 
                                on it for emotional support or social 
                                connection;
                                    (III) expressing affection for or 
                                attachment to the user; or
                                    (IV) claiming a special or unique 
                                understanding of the user;
                            (iii) prompt the user to return to the 
                        chatbot for companionship or emotional support;
                            (iv) use expressions of disappointment, 
                        guilt, or urgency to prolong an interaction or 
                        discourage the user from pausing, reducing, or 
                        discontinuing use of the chatbot; or
                            (v) solicit expenditures that are framed as 
                        necessary to maintain an emotional attachment 
                        or a personal, romantic, or sexual 
                        relationship; and
                    (C) maintains the characteristics described in 
                subparagraphs (A) and (B) during each session and 
                across sessions, including in response to any user 
                prompt or request that the chatbot alter its 
                operational settings or behave in a manner inconsistent 
                with subparagraph (A) or (B).
            (8) Operational setting.--The term ``operational setting'' 
        means a distinct configuration of a chatbot that determines the 
        persona, self-representation, and interaction behavior of the 
        chatbot and that a provider can activate or deactivate for a 
        user independently of any other such configuration.
            (9) Provider.--The term ``provider'' means an entity that 
        makes an artificial intelligence chatbot available to end 
        users, whether directly or through integration into another 
        product or service, and that--
                    (A) controls user-facing functions of the 
                deployment, including--
                            (i) account creation;
                            (ii) access control; or
                            (iii) user-facing settings; or
                    (B) determines the mode in which the chatbot 
                operates for end users, regardless of whether such 
                entity developed the chatbot.
            (10) School-managed deployment.--The term ``school-managed 
        deployment'' means a configuration in which a chatbot is made 
        available to one or more minor users through accounts that are 
        provisioned, administered, and controlled by an educational 
        agency or institution (or by an authorized educator acting on 
        behalf of the educational agency or institution), by means of 
        institutional administrative controls, for use in connection 
        with the educational program of the institution. Such term does 
        not include a chatbot account created, controlled, or accessed 
        by a minor user independently of an educational agency or 
        institution.
            (11) Technical standard.--The term ``technical standard'' 
        has the meaning given such term in section 12(d)(5) of the 
        National Technology Transfer and Advancement Act of 1995 (15 
        U.S.C. 272 note).
            (12) Parental controls framework.--The term ``parental 
        controls framework'' means a system of technical and procedural 
        controls that enable a chatbot provider to reasonably confirm 
        that the non-personified default setting of the account of a 
        minor user is managed by a parent or legal guardian of such 
        user.
            (13) Dark pattern.--The term ``dark pattern'' means a user 
        interface designed or manipulated with the substantial effect 
        of subverting or impairing user autonomy, decision-making, or 
        choice.
                                 <all>