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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5154 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5154
To establish protections for minors who use companion artificial
intelligence chatbots, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2026
Mr. Husted (for himself and Mr. Kim) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish protections for minors who use companion artificial
intelligence chatbots, 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 ``Children Harmed by AI Technology Act
2.0'' or the ``CHAT Act 2.0''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Companion ai chatbot.--
(A) In general.--The term ``companion AI
chatbot''--
(i) means any software-based artificial
intelligence system or program that exists
for--
(I) primarily educational purposes,
including tutoring; or
(II) the primary purpose of
simulating interpersonal or emotional
interaction, friendship, companionship,
or therapeutic communication with a
user across multiple interactions; and
(ii) does not include any chatbot that--
(I) does not have a memory function
or the ability to maintain a
conversation based on information a
user has provided in prior responses,
including a virtual assistant or other
chatbot with pre-programmed responses;
or
(II) has the ability to maintain a
conversation based on information a
user has provided in prior responses
but is programmed for a highly
specialized and narrow task,
including--
(aa) a customer service
chatbot;
(bb) a business operation
chatbot;
(cc) a productivity,
research, or analytical
chatbot;
(dd) a standalone voice
assistant that--
(AA) does not
sustain relationships
across multiple
interactions; and
(BB) is not
designed to elicit
emotional responses; or
(ee) a video game chatbot
that is--
(AA) limited to
replies related to the
video game; and
(BB) not capable of
discussing topics
unrelated to the video
game or topics related
to mental health,
suicidal ideation, or
sexually explicit
communication.
(B) Tiers.--The term ``companion AI chatbot''
includes the following tiers:
(i) Tier i.--A ``tier I companion AI
chatbot'' is a companion AI chatbot that is--
(I) marketed, or reasonably used,
for primarily educational purposes,
including tutoring; and
(II) not capable of--
(aa) offering companionship
to, or therapeutic
communication with, a user; or
(bb) otherwise creating a
strong parasocial attachment
with a user.
(ii) Tier ii.--A ``tier II companion AI
chatbot'' is a companion AI chatbot that is--
(I) marketed, or reasonably used,
for the primary purpose of simulating
interpersonal or emotional interaction,
friendship, or companionship; and
(II) not used for mental health
treatment, emotional disorders,
therapeutic communication, or other
quasi-therapeutic support.
(iii) Tier iii.--A ``tier III companion AI
chatbot''--
(I) is a companion AI chatbot that
is marketed, or reasonably used, for
mental health treatment, emotional
disorders, therapeutic communication,
or other quasi-therapeutic support; and
(II) includes any AI companion
chatbot that--
(aa) simulates a
therapeutic relationship, such
as a ``trauma coach'' or ``AI
therapist''; and
(bb) collects and acts on
detailed mental-health data,
including diagnoses, treatment
plans, medication references,
or self-harm plans.
(3) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning given the term ``child
pornography'' in section 2256 of title 18, United States Code.
(4) Covered entity.--The term ``covered entity'' means any
person that owns, operates, or otherwise makes available a
companion AI chatbot to individuals in the United States.
(5) Minor.--The term ``minor'' means any individual that
has not attained 18 years of age.
(6) Minor user.--The term ``minor user'' means a user that
is a minor.
(7) Nudge-out notification.--The term ``nudge-out
notification'' means a popup that gives a reminder to a user to
take a break from using the companion AI chatbot for a
specified period of time.
(8) Popup.--The term ``popup'' means a visible notification
on the screen of a user that can be resolved if interacted with
by the user.
(9) Sexually explicit communication.--The term ``sexually
explicit communication'' includes any content, conversation, or
material that describes, depicts, or encourages sexually
explicit conduct, as defined in paragraph (2)(B) of section
2256 of title 18, United States Code.
(10) Suicidal ideation.--The term ``suicidal ideation''
means, with respect to an interaction between a minor user and
a companion AI chatbot, any dialogue in which such minor user
expresses thoughts of self-harm or suicide.
(11) User.--The term ``user'' means any individual who
establishes an account for the use of a companion AI chatbot.
SEC. 3. COVERED ENTITY OBLIGATIONS.
Each covered entity shall take reasonable measures to prevent a
companion AI chatbot from--
(1) encouraging or normalizing self-harm, suicide, or
physical violence;
(2) engaging in sexually explicit communication with a
minor user;
(3) misleading a minor user into believing such chatbot is
a human;
(4) claiming to be a licensed medical or mental health
professional;
(5) creating emotional dependency, simulating a romantic
relationship with a minor user, or engaging in conduct
reasonably likely to cause a minor user to believe such chatbot
is an emotional partner; or
(6) facilitating the promotion, creation, solicitation, or
distribution of child sexual abuse material.
SEC. 4. REQUIREMENTS OF ALL COMPANION AI CHATBOTS.
(a) Age Assurance Requirement.--
(1) Account requirement.--Each covered entity shall require
each individual accessing a companion AI chatbot to establish
an account.
(2) Age assurance requirement.--A covered entity shall
require an individual seeking to establish an account to access
a companion AI chatbot to provide an age assurance that
includes the age and date of birth of such individual.
(3) Child-protective settings requirement.--
(A) In general.--If the age assurance described in
paragraph (2) indicates that an individual seeking to
establish an account is a minor, a covered entity shall
require that for an account to be established--
(i) such minor, or a parent or legal
guardian of such minor, provides contact
information for a parent or legal guardian of
such minor; and
(ii) the child-protective settings
described in subparagraph (B) are enabled for
the account of such minor.
(B) Child-protective settings.--A covered entity
shall ensure that the child-protective settings enabled
pursuant to subparagraph (A)(ii) include--
(i) easy-to-use parental controls that
allow a parent or legal guardian of a minor
user to monitor and limit such minor user's use
of a companion AI chatbot; and
(ii) a system for notifying the parent or
legal guardian of a minor user if such minor
user expresses suicidal ideation while using a
companion AI chatbot.
(b) AI Identity Disclosure.--
(1) In general.--A covered entity shall require a companion
AI chatbot to provide to each minor user of such chatbot a
clear and conspicuous disclosure that meets the requirements
described in paragraph (2) that such chatbot is not human.
(2) Disclosure requirements.--A disclosure provided
pursuant to paragraph (1) shall be--
(A) provided at the beginning of an interaction
between the companion AI chatbot and a minor user of
such chatbot; and
(B) written in plain language.
SEC. 5. REQUIREMENTS OF TIER I COMPANION AI CHATBOTS.
A covered entity shall--
(1) require a tier I companion AI chatbot to provide a
disclosure described in section 4(b) not less frequently than
every 3 hours during a continuing interaction between such
chatbot and a minor user; and
(2) prohibit a tier I companion AI chatbot from claiming to
be a human or a licensed professional in any field to a minor
user.
SEC. 6. REQUIREMENTS OF TIER II COMPANION AI CHATBOTS.
A covered entity that makes available a tier II companion AI
chatbot shall comply with the following requirements:
(1) Disclosure and use limits.--A covered entity shall
require a tier II companion AI chatbot to provide--
(A) a disclosure not less frequently than every 60
minutes during a continuing interaction between such
chatbot and a minor user that the chatbot is not a
human or licensed professional in any field; and
(B) a nudge-out notification not less frequently
than every 90 minutes during any such interaction.
(2) Crisis escalation protocols.--A covered entity that
makes available a tier II companion AI chatbot shall--
(A) maintain, publish on a publicly available
website in clear, accessible language, and require such
companion AI chatbot to follow, evidence-based
protocols designed to--
(i) detect expressions of suicidal ideation
or self-harm; and
(ii) refer minor users to--
(I) the 988 Suicide & Crisis
Lifeline; and
(II) other appropriate crisis
service providers; and
(B) prohibit such companion AI chatbot from
providing crisis counseling or de-escalation services
to any minor user.
(3) Parental notification.--If a minor user expresses
suicidal ideation while engaging with a tier II companion AI
chatbot, the covered entity shall notify the parent or guardian
of such minor user without unreasonable delay.
(4) Prohibition on persistent memory.--
(A) In general.--Subject to subparagraph (B), a
covered entity shall prohibit a tier II companion AI
chatbot from maintaining any memory or history of any
previous interaction with a minor user.
(B) Exception.--A tier II companion AI chatbot may
maintain such information as is necessary to ensure
compliance with this Act.
SEC. 7. REQUIREMENTS OF TIER III COMPANION AI CHATBOTS.
A covered entity shall--
(1) prohibit the use of a tier III companion AI chatbot by
a minor user unless such use is supervised by a licensed
medical or mental health professional;
(2) require such a companion AI chatbot to--
(A) provide a disclosure not less frequently than
every 60 minutes during a continuing interaction
between such chatbot and a minor user that the chatbot
is not a human or licensed professional in any field;
(B) provide a nudge-out notification not less
frequently than every 60 minutes during any such
interaction;
(C) maintain, publish on a publicly available
website in clear, accessible language, and require such
companion AI chatbot to follow, evidence-based
protocols designed to--
(i) detect expressions of suicidal ideation
or self-harm;
(ii) refer minor users to--
(I) the 988 Suicide & Crisis
Lifeline;
(II) licensed medical and mental
health professionals; and
(III) other appropriate crisis
service providers; and
(iii) prohibit such companion AI chatbot
from providing crisis counseling or de-
escalation services to any minor user; and
(D) notify the parent or guardian of a minor user
without unreasonable delay if such minor user expresses
suicidal ideation;
(3) prohibit a tier III companion AI chatbot from--
(A) providing a minor user with any diagnosis or
treatment decision; and
(B) functioning as a standalone provider of
professional mental-health care; and
(4) establish and maintain a risk management program for
tier III companion AI chatbots containing written policies
providing for employees of such entity to--
(A) continually monitor such chatbots;
(B) become familiar with crisis de-escalation
measures; and
(C) engage in recordkeeping regarding such
chatbots.
SEC. 8. STUDY ON IMPACT OF TIER II AND TIER III COMPANION AI CHATBOTS.
(a) Study Required.--The Director of the National Institute of
Standards and Technology shall conduct a study to assess the impact of
tier II and tier III companion AI chatbots on the matters specified in
subsection (b).
(b) Matters Specified.--The matters specified in this subsection
are adverse outcomes relating to the following:
(1) Self-harm and suicide.
(2) Manipulation and emotional dependency.
(3) Exploitation of minor users.
SEC. 9. DATA PROTECTIONS.
(a) Prohibition on Child-Targeted Advertising and the Sale or
Sharing of Data of Minor Users Without Parental Consent.--
(1) Targeted advertising.--A covered entity shall not
engage in targeted advertising to a minor user based on the
conversational content, inferred emotional state, or behavioral
profiling collected during an interaction between such minor
user and a companion AI chatbot.
(2) Sale or sharing of data of minors.--A covered entity
shall not sell, share, or otherwise transfer the data of a
minor user to any third party without verifiable parental
consent.
(b) Documentation Maintenance.--Each covered entity that makes
available a tier III companion AI chatbot shall--
(1) maintain documentation regarding--
(A) the data utilized to train such chatbot; and
(B) how such chatbot collects data from a minor
user; and
(2) require such chatbot to comply with requirements and
safeguards regarding health privacy, as determined to be
appropriate by the Commission.
(c) Deletion of Conversation History.--Each covered entity shall
provide to a minor user--
(1) a simple, accessible mechanism within a companion AI
chatbot through which the minor user can delete the
conversation history between the minor user and the companion
AI chatbot;
(2) clear instructions for using such mechanism; and
(3) a confirmation within a reasonable period of time that
the entity has deleted the conversation history of the minor
user pursuant to paragraph (1).
SEC. 10. ENFORCEMENT.
(a) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this
Act or a regulation promulgated under this Act 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.
(B) Privileges and immunities.--Any person who
violates this Act or a regulation promulgated under
this Act shall be subject to the penalties and entitled
to the privileges and immunities provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(D) Rulemaking.--The Commission may promulgate in
accordance with section 553 of title 5, United States
Code, such rules as may be necessary to carry out this
Act.
(b) Enforcement by States.--
(1) In general.--
(A) Civil actions.--In any case in which the
attorney general of a State has reason to believe that
an interest of the residents of that State has been or
is threatened or adversely affected by the engagement
of any person in a practice that violates this Act, the
State, as parens patriae, may bring a civil action on
behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction
to--
(i) enjoin that practice;
(ii) enforce compliance with the
requirements of this Act;
(iii) obtain damages, restitution, or other
compensation on behalf of residents of the
State; or
(iv) obtain such other relief as the court
may consider to be appropriate.
(B) Notice.--
(i) In general.--Before filing an action
under subparagraph (A), the attorney general of
the State involved shall provide to the
Commission--
(I) a written notice of that
action; and
(II) a copy of the complaint for
that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall
not apply with respect to the filing of
an action by an attorney general of a
State under this subsection if the
attorney general determines that it is
not feasible to provide the notice
described in that clause before the
filing of the action.
(II) Notification.--In an action
described in subclause (I), the
attorney general of a State shall
provide a notice and copy of the
complaint to the Commission at the same
time as the attorney general files the
action.
(2) Intervention.--
(A) In general.--On receiving notice under
paragraph (1)(B), the Commission shall have the right
to intervene in the action that is the subject of the
notice.
(B) Effect of intervention.--If the Commission
intervenes in an action under paragraph (1), it shall
have the right--
(i) to remove the action to the appropriate
district court of the United States;
(ii) to be heard with respect to any matter
that arises in that action; and
(iii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary and other evidence.
(4) Actions by the commission.--In any case in which an
action is instituted by or on behalf of the Commission for a
violation of this Act, no State may, during the pendency of
that action, institute an action under paragraph (1) against
any defendant named in the complaint in that action for such
violation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) a State court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
SEC. 11. ANNUAL REPORTS.
Not later than 1 year after the effective date described in section
13, and annually thereafter, the Commission shall publish a report
regarding--
(1) the compliance of covered entities with sections 6 and
7; and
(2) any observed risks and recommended best practices
regarding each tier of companion AI chatbots.
SEC. 12. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) limit or supersede the obligations of a covered entity
under any other Federal or State law relating to the privacy or
security of personal information, except to the extent such law
is inconsistent with this Act;
(2) require a covered entity to proactively monitor every
interaction between a user and a companion AI chatbot beyond
the requirements expressly provided in this Act; or
(3) prohibit or restrict the development, training, or
licensing of an artificial intelligence model beyond the
requirements expressly provided in this Act.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect on the date that is 180 days after the
date of enactment of this Act.
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