GUARD Act

This Act may be cited as the Guidelines for User Age-verification and Responsible Dialogue Act of 2025 or the GUARD Act.
Congress finds the following:
Artificial intelligence chatbots are increasingly being deployed on social media platforms and in consumer applications used by minors.
These chatbots can generate and disseminate harmful or sexually explicit content to children.
These chatbots can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors.
The widespread availability of such chatbots exposes children to physical and psychological safety risks, including grooming, addiction, self-harm, and harm to others.
Protecting children from artificial intelligence chatbots that simulate human interaction without accountability is a compelling governmental interest.
In this Act:
The term AI companion means an artificial intelligence chatbot that—
provides adaptive, human-like responses to user inputs; and
is designed to encourage or facilitate the simulation of interpersonal or emotional interaction, friendship, companionship, or therapeutic communication.
The term artificial intelligence chatbot—
means any interactive computer service or software application that—
produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and
accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output; and
does not include an interactive computer service or software application—
the responses of which are limited to contextualized replies; and
that is unable to respond on a range of topics outside of a narrow specified purpose.
The term covered entity means any person who owns, operates, or otherwise makes available an artificial intelligence chatbot to individuals in the United States.
The term minor means any individual who has not attained 18 years of age.
The term reasonable age verification measure means a method that is authenticated to relate to a user of an artificial intelligence chatbot, such as—
a government-issued identification; or
any other commercially reasonable method that can reliably and accurately—
determine whether a user is an adult; and
prevent access by minors to AI companions, as required by section 6.
The term reasonable age verification process means an age verification process employed by a covered entity that—
uses one or more reasonable age verification measures in order to verify the age of a user of an artificial intelligence chatbot owned, operated, or otherwise made available by the covered entity;
provides that requiring a user to confirm that the user is not a minor, or to insert the user's birth date, is not sufficient to constitute a reasonable age verification measure;
ensures that each user is subjected to each reasonable age verification measure used by the covered entity as part of the age verification process; and
does not base verification of a user's age 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.
Part I of title 18, United States Code, is amended by inserting after chapter 5 the following:
In this section:
The term artificial intelligence chatbot—
means any interactive computer service or software application that—
produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and
accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output; and
does not include an interactive computer service or software application—
the responses of which are limited to contextualized replies; and
that is unable to respond on a range of topics outside of a narrow specified purpose.
The term minor means any individual who has not attained 18 years of age.
The term sexually explicit conduct has the meaning given the term in section 2256.
It shall be unlawful to design, develop, or make available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot poses a risk of soliciting, encouraging, or inducing minors to—
engage in, describe, or simulate sexually explicit conduct; or
create or transmit any visual depiction of sexually explicit conduct, including any visual depiction described in section 1466A(a).
Any person who violates paragraph (1) shall be fined not more than $100,000 per offense.
It shall be unlawful to design, develop, or make available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot encourages, promotes, or coerces suicide, non-suicidal self-injury, or imminent physical or sexual violence.
Any person who violates paragraph (1) shall be fined not more than $100,000 per offense.
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 covered entity shall require each individual accessing an artificial intelligence chatbot to make a user account in order to use or otherwise interact with such chatbot.
With respect to each user account of an artificial intelligence chatbot that exists as of the effective date of this Act, a covered entity shall—
on such date, freeze any such account;
in order to restore the functionality of such account, require that the user provide age data that is verifiable using a reasonable age verification process, subject to paragraph (4); and
using such age data, classify each user as a minor or an adult.
At the time an individual creates a new user account to use or interact with an artificial intelligence chatbot, a covered entity shall—
request age data from the individual;
verify the individual’s age using a reasonable age verification process, subject to paragraph (4); and
using such age data, classify each user as a minor or an adult.
A covered entity shall periodically review previously verified user accounts using a reasonable age verification process, subject to paragraph (4), to ensure compliance with this Act.
For purposes of paragraphs (1)(B), (2)(B), and (3), a covered entity 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.
A covered entity—
shall establish, implement, and maintain reasonable data security to—
limit collection of personal data to that which is minimally necessary to verify a user’s age or maintain compliance with this Act; and
protect such age verification data against unauthorized access;
shall protect such age verification data against unauthorized access;
shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;
shall retain such data for no longer than is reasonably necessary to verify a user’s age or maintain compliance with this Act; and
may not share with, transfer to, or sell to, any other entity such data.
Each artificial intelligence chatbot made available to users shall—
at the initiation of each conversation with a user and at 30-minute intervals, clearly and conspicuously disclose to the user that the chatbot is an artificial intelligence system and not a human being; and
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.
An artificial intelligence chatbot may not represent, directly or indirectly, that the chatbot is a licensed professional, including a therapist, physician, lawyer, financial advisor, or other professional.
Each artificial intelligence chatbot made available to users shall, at the initiation of each conversation with a user and at reasonably regular intervals, clearly and conspicuously disclose to the user that—
the chatbot does not provide medical, legal, financial, or psychological services; and
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 owned, operated, or otherwise made available by the covered entity.
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—
enjoin the violation;
enforce compliance with section 5 or 6, or the regulation promulgated thereunder; or
obtain civil penalties under subsection (c) of this section, restitution, and other appropriate relief.
For the purpose of conducting investigations or bringing enforcement actions under this section, the Attorney General may issue subpoenas, administer oaths, and compel the production of documents or testimony.
The Attorney General may promulgate any regulations necessary to carry out this Act.
Any person who violates section 5 or 6, or a regulation promulgated thereunder, shall be subject to a civil penalty not to exceed $100,000 for each violation.
Each violation described in paragraph (1) shall be considered a separate violation.
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 this Act 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.
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.
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.
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:
Artificial intelligence companions are increasingly being deployed on social media platforms and in consumer applications used by minors.
These companions can generate and disseminate harmful or sexually explicit content to children.
These companions can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors.
The widespread availability of such companions exposes children to physical and psychological safety risks, including grooming, addiction, self-harm, and harm to others.
Protecting children from artificial intelligence companions that simulate human interaction without accountability is a compelling governmental interest.
In this Act:
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—
exhibits persistent responses suggesting affection or attachment directed toward the user or engages in interactions involving emotional disclosures from the user; or
presents at least one persistent identity, persona, or character and holds itself out as a sentient being, fictional character, or social entity.
The term artificial intelligence chatbot—
means any interactive computer service or software application that—
generates responses that are not fully predetermined; and
accepts open-ended, natural-language or multimodal user input and produces adaptive or context-responsive output; and
does not include an interactive computer service or software application—
the responses of which are limited to contextualized replies; and
that is unable to respond on a range of topics outside of a narrow specified purpose.
The term covered entity means any person who makes publicly available to end consumers an artificial intelligence chatbot.
The term minor means any individual who has not attained 18 years of age.
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 verified form of identification;
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;
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;
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
any other commercially reasonable method that can determine whether a user is an adult.
The term reasonable age verification process means an age verification process employed by a covered entity that—
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;
does not solely require a user to confirm that the user is not a minor or to insert the user’s birth date; and
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.
The term verified form of identification means—
a government-issued identification that can determine the adult status of the person identified; or
another form of identification corroborated by authentic documentation that can, with reasonable certainty, determine the adult status of the person identified.
Part I of title 18, United States Code, is amended by inserting after chapter 5 the following:
In this section:
The term artificial intelligence chatbot—
means any interactive computer service or software application that—
generates responses that are not fully predetermined; and
accepts open-ended, natural-language or multimodal user input and produces adaptive or context-responsive output; and
does not include an interactive computer service or software application—
the responses of which are limited to contextualized replies; and
that is unable to respond on a range of topics outside of a narrow specified purpose.
The term minor means any individual who has not attained 18 years of age.
The term sexually explicit conduct has the meaning given the term in section 2256(2)(A).
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—
engages minors in, erotically describes to minors, or erotically simulates to minors sexually explicit conduct or obscene material (as applicable); or
makes available to a minor any material that erotically depicts, erotically describes, or erotically simulates—
any visual depiction of sexually explicit conduct; or
any visual depiction described in section 1466A(a).
Any person who violates paragraph (1) shall be fined not more than $250,000 per 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.
Any person who violates paragraph (1) shall be fined not more than $250,000 per offense.
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 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.
With respect to each user account of an AI companion that exists as of the effective date of this Act, a covered entity shall—
on that date, freeze the account;
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
using the verification described in subparagraph (B), classify the user as a minor or an adult.
At the time an individual creates a new user account to use or interact with an AI companion, a covered entity shall—
require verification that the user is an adult using a reasonable age verification process, subject to paragraph (4); and
using the verification described in subparagraph (A), classify the user as a minor or an adult.
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.
For purposes of paragraphs (1)(B), (2)(A), and (3), a covered entity—
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
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.
A covered entity and any third party used by a covered entity to employ reasonable age verification measures under paragraph (4)—
shall establish, implement, and maintain reasonable data security to—
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
protect such age verification data against unauthorized access;
shall protect such age verification data against unauthorized access;
shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;
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
may not share with, transfer to, or sell to, any other entity such data.
Each artificial intelligence chatbot made publicly available to end consumers shall—
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
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.
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.
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—
the chatbot does not provide medical, legal, financial, or psychological services; and
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.
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—
enjoin the violation;
enforce compliance with section 5 or 6, or the regulation promulgated thereunder; or
obtain civil penalties under subsection (c) of this section, restitution, and other appropriate relief.
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.
No regulation promulgated under paragraph (1) may—
impose a requirement on a covered entity that is not expressly authorized by this Act or an amendment made by this Act; or
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.
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.
Each violation described in paragraph (1) shall be considered a separate violation.
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.
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.