GUARD Act

This Act may be cited as the “Guidelines for User Age-verification and Responsible Dialogue Act of 2026” or the “GUARD Act”.

Congress finds the following:

(1) Artificial intelligence companions are increasingly being deployed on social media platforms and in consumer applications used by minors.

(2) These companions can generate and disseminate harmful or sexually explicit content to children.

(3) These companions can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors.

(4) The widespread availability of such companions exposes children to physical and psychological safety risks, including grooming, addiction, self-harm, and harm to others.

(5) Protecting children from artificial intelligence companions that simulate human interaction without accountability is a compelling governmental interest.

In this Act:

(1) AI companion The term AI companion means an artificial intelligence chatbot that, in a manner that simulates a sustained interpersonal relationship or emotional interaction with the user—

(A) exhibits persistent responses suggesting affection or attachment directed toward the user or engages in interactions involving emotional disclosures from the user; or

(B) presents at least one persistent identity, persona, or character and holds itself out as a sentient being, fictional character, or social entity.

(2) Artificial intelligence chatbot The term artificial intelligence chatbot—

(A) means any interactive computer service or 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; and

(B) does not include an interactive computer service or software application—

(i) the responses of which are limited to contextualized replies; and

(ii) that is unable to respond on a range of topics outside of a narrow specified purpose.

(3) Covered entity The term covered entity means any person who makes publicly available to end consumers an artificial intelligence chatbot.

(4) Minor The term minor means any individual who has not attained 18 years of age.

(5) Reasonable age verification measure The term reasonable age verification measure means a method that, whether alone or in conjunction with other age verification measures, can, with reasonable certainty, determine whether the user of an interactive computer service or software application is an adult, such as—

(A) a verified form of identification;

(B) age information associated with the user’s account at a financial institution, such as a credit card, that is derived from a verified form of identification submitted to the financial institution;

(C) age information associated with the user’s account for the operating system of a computer, mobile device, or other general purpose computing device that is derived from a verified form of identification submitted to the operating system provider;

(D) age information associated with the user’s account for a software application store that is derived from a verified form of identification submitted to the store or operating system provider; or

(E) any other commercially reasonable method that can determine whether a user is an adult.

(6) Reasonable age verification process The term reasonable age verification process means an age verification process employed by a covered entity that—

(A) uses 1 or more reasonable age verification measures in order to, with reasonable certainty, determine whether the user of an interactive computer service or software application is an adult;

(B) does not solely require a user to confirm that the user is not a minor or to insert the user’s birth date; and

(C) does not base the verification of a user’s adult status on factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.

(7) Verified form of identification The term verified form of identification means—

(A) a government-issued identification that can determine the adult status of the person identified; or

(B) another form of identification corroborated by authentic documentation that can, with reasonable certainty, determine the adult status of the person identified.

(a) In general Part I of title 18, United States Code, is amended by inserting after chapter 5 the following:

6 Artificial intelligence

91. Artificial intelligence chatbots

(a) Definitions In this section:

(1) Artificial intelligence chatbot The term artificial intelligence chatbot—

(A) means any interactive computer service or software application that—

(i) 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; and

(B) does not include an interactive computer service or software application—

(i) the responses of which are limited to contextualized replies; and

(ii) that is unable to respond on a range of topics outside of a narrow specified purpose.

(2) Minor The term minor means any individual who has not attained 18 years of age.

(3) Sexually explicit conduct The term sexually explicit conduct has the meaning given the term in section 2256(2)(A).

(b) Offense relating to sexually explicit conduct

(1) Offense It shall be unlawful to make publicly available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot—

(A) engages minors in, erotically describes to minors, or erotically simulates to minors sexually explicit conduct or obscene material (as applicable); or

(B) makes available to a minor any material that erotically depicts, erotically describes, or erotically simulates—

(i) any visual depiction of sexually explicit conduct; or

(ii) any visual depiction described in section 1466A(a).

(2) Penalty Any person who violates paragraph (1) shall be fined not more than $250,000 per offense.

(c) Offense relating to physical violence

(1) Offense It shall be unlawful to make publicly available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot solicits, induces, or coerces minors to commit suicide or carry out non-suicidal self-injury, imminent unlawful physical or sexual violence, or homicide.

(2) Penalty Any person who violates paragraph (1) shall be fined not more than $250,000 per offense.

(b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 5 the following:

(a) Creation of user accounts A covered entity shall require each individual accessing an AI companion to make a user account in order to use or otherwise interact with the AI companion.

(b) Age verification

(1) Age verification of existing accounts With respect to each user account of an AI companion that exists as of the effective date of this Act, a covered entity shall—

(A) on that date, freeze the account;

(B) in order to restore the functionality of the account, require verification that the user is an adult using a reasonable age verification process, subject to paragraph (4); and

(C) using the verification described in subparagraph (B), classify the user as a minor or an adult.

(2) Age verification of new accounts At the time an individual creates a new user account to use or interact with an AI companion, a covered entity shall—

(A) require verification that the user is an adult using a reasonable age verification process, subject to paragraph (4); and

(B) using the verification described in subparagraph (A), classify the user as a minor or an adult.

(3) Periodic age verification A covered entity shall periodically re-verify previously verified user accounts using a reasonable age verification process, subject to paragraph (4), to ensure compliance with this Act.

(4) Use of third parties For purposes of paragraphs (1)(B), (2)(A), and (3), a covered entity—

(A) subject to subparagraph (B), may contract with a third party to employ reasonable age verification measures as part of the covered entity's reasonable age verification process, but the use of such a third party shall not relieve the covered entity of its obligations under this Act or from liability under this Act; and

(B) may not contract with a third party closely affiliated with, incorporated in, organized under the laws of, or with a principal place of business in, a covered nation, as defined in section 4872 of title 10, United States Code.

(5) Age verification measure data security A covered entity and any third party used by a covered entity to employ reasonable age verification measures under paragraph (4)—

(A) shall establish, implement, and maintain reasonable data security to—

(i) limit collection of personal data to that which is minimally necessary to verify a user’s adult status or maintain compliance with this Act; and

(ii) protect such age verification data against unauthorized access;

(B) shall protect such age verification data against unauthorized access;

(C) shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;

(D) shall retain such data for no longer than is reasonably necessary to verify a user’s adult status or maintain compliance with this Act; and

(E) may not share with, transfer to, or sell to, any other entity such data.

(c) Required disclosures for artificial intelligence chatbots

(1) Disclosure of non-human status Each artificial intelligence chatbot made publicly available to end consumers shall—

(A) at the initiation of each conversation with a user, clearly and conspicuously disclose to the user that the chatbot is an artificial intelligence system and not a human being; and

(B) be programmed to ensure that the chatbot does not claim to be a human being or otherwise respond deceptively when asked by a user if the chatbot is a human being.

(2) Disclosure regarding non-professional status

(A) In general An artificial intelligence chatbot made publicly available to end consumers may not represent, directly or indirectly, that the chatbot is a licensed professional, including a therapist, physician, lawyer, financial advisor, or other professional.

(B) Other limitations Each artificial intelligence chatbot made publicly available to end consumers shall, at the initiation of each conversation with a user and at reasonably regular intervals, clearly and conspicuously disclose to the user that—

(i) the chatbot does not provide medical, legal, financial, or psychological services; and

(ii) users of the chatbot should consult a licensed professional for such advice.

If the age verification process described in section 5(b) determines that an individual is a minor, a covered entity shall prohibit the minor from accessing or using any AI companion made publicly available to end consumers by the covered entity.

(a) In general In the case of a violation of section 5 or 6, or a regulation promulgated thereunder, the Attorney General may bring a civil action in an appropriate district court of the United States to—

(1) enjoin the violation;

(2) enforce compliance with section 5 or 6, or the regulation promulgated thereunder; or

(3) obtain civil penalties under subsection (c) of this section, restitution, and other appropriate relief.

(b) Attorney General rulemaking

(1) In general Subject to paragraph (2), the Attorney General may promulgate any regulations necessary to carry out section 5 or 6 of this Act and the amendments made by this Act.

(2) Limitation No regulation promulgated under paragraph (1) may—

(A) impose a requirement on a covered entity that is not expressly authorized by this Act or an amendment made by this Act; or

(B) address the development, deployment, or general operation of artificial intelligence systems outside the scope of obligations and offenses set forth in this Act and the amendments made by this Act.

(c) Civil penalties

(1) In general Any person who violates section 5 or 6, or a regulation promulgated thereunder, shall be subject to a civil penalty not to exceed $250,000 for each violation.

(2) Separate violations Each violation described in paragraph (1) shall be considered a separate violation.

(d) State enforcement In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any covered entity in a violation of section 5 or 6, or a regulation promulgated thereunder, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction to obtain injunctive relief.

(e) Relationship to State laws Nothing in this Act or an amendment made by this Act, or any regulation promulgated thereunder, shall be construed to prohibit or otherwise affect the enforcement of any State law or regulation that is at least as protective of users of artificial intelligence chatbots as this Act and the amendments made by this Act, and the regulations promulgated thereunder.

If any provision of or amendment made by this Act, or the application thereof to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act.