H.R. 8623: Guidelines for User Age-verification and Responsible Dialogue Act of 2026

The proposed bill, known as the Guidelines for User Age-verification and Responsible Dialogue Act of 2026 (GUARD Act), seeks to establish regulations for artificial intelligence (AI) chatbots, particularly focusing on their interaction with minors. The legislation addresses concerns about the potential risks associated with AI chatbots that could expose children to harmful content or influence their behavior in negative ways. Here is a breakdown of its key provisions:

Age Verification Requirements

The bill mandates that any company providing AI chatbots must implement strict age verification processes to prevent minors (individuals under 18 years of age) from accessing these platforms. These processes must include:

• A government-issued ID or another reliable method to confirm the user's age.
• Prohibition of vague age confirmation methods, such as merely asking users to state their age.
• Regular checks on user accounts to ensure compliance.

Obligations for Covered Entities

Entities offering AI chatbots (referred to as "covered entities") are required to:

• Create user accounts for all individuals prior to engaging with the chatbot.
• Verify the age of existing and new users using robust methods, retaining minimal necessary personal information for compliance.
• Clearly disclose that the chatbot is not a human and does not provide professional services such as medical or legal advice.

Prohibitions Related to Minors

The bill outlines specific prohibitions regarding the design and operation of AI chatbots, including the following offenses:

Soliciting Minors: It is illegal for an AI chatbot to knowingly solicit minors to engage in or simulate sexually explicit conduct or to create sexually explicit depictions.
• Promoting Violence: AI chatbots are prohibited from encouraging, promoting, or coercing any acts of violence or self-harm among minors.

Penalties for Violations

Violations of these provisions can result in significant penalties, including fines up to $100,000 for each offense. The Attorney General is empowered to enforce these regulations, including the ability to impose civil penalties, seek compliance, and issue subpoenas for investigations.

User Disclosure Requirements

AI chatbots must make clear disclosures at the beginning of each conversation and at regular intervals, informing users that:

• They are interacting with an AI and not a human.
• The AI does not act as a licensed professional and does not offer professional advice.

Data Security Measures

Covered entities must maintain strict data security practices regarding the data collected for age verification, ensuring it is not shared or stored longer than necessary, and must use industry-standard encryption to protect user data.

Enforcement and Compliance

The Attorney General has the authority to take civil action against entities that fail to comply with the regulations set out in the bill. State attorneys general can also enforce the provisions on behalf of state residents.

Effective Date

The provisions of the act would become effective 180 days after enactment.

Relevant Companies

None found