Senior Chatbot Protection Act of 2026

The Senior Chatbot Protection Act of 2026 establishes consumer transparency and protection requirements for artificial intelligence chatbots, focusing on safeguarding older adults. It mandates disclosures, crisis detection, data protection, and reporting for covered entities that make AI chatbots available to users in the United States.

Sec. 2, Definitions: Defines key terms including 'artificial intelligence chatbot' as an interactive service that generates adaptive outputs from open-ended input, 'affirmative consent' as a clear user authorization, 'crisis' as situations involving self-harm or medical emergencies, 'high-stakes decision' as decisions affecting health, safety, financial security, or independence, and 'older adult' as an individual aged 65 or older.

Sec. 3, Consumer protections for users: Requires covered entities to ensure chatbots disclose they are AI, not human, and not licensed professionals; detect high-stakes decisions and crises; provide crisis referrals and avoid harmful advice; obtain affirmative consent for training models on user data; limit data collection to necessary purposes; offer conversation history deletion; and prevent deceptive or manipulative design practices that exploit older adults.

Sec. 4, Recordkeeping and incident information: Requires covered entities to submit annual reports to the National Institutes of Health and the Federal Trade Commission on material adverse incidents involving high-stakes decisions or crises, disaggregated by incident type, user age group, and crisis response outcomes. The Commission must prescribe reporting standards, and aggregate de-identified data must be published publicly.

Sec. 5, Enforcement: Treats violations of sections 3 or 4 as unfair or deceptive acts under the Federal Trade Commission Act, with enforcement by the Commission. Provides a 60-day cure period for first violations, except for intentional deception or imminent harm. Civil penalties up to $50,000 per knowing or reckless violation. State attorneys general may bring civil actions, with notice to the Commission and limitations during federal actions.

Sec. 6, National Institute of Standards and Technology guidelines: Directs the National Institute of Standards and Technology to develop voluntary guidelines within 18 months on transparency, accessibility, crisis response, and cybersecurity for AI chatbots interacting with older adults, consulting with various experts and stakeholders.

Sec. 7, Rulemaking: Requires the Commission to issue rules within one year on disclosure form and content, report submission, and other necessary requirements.

Sec. 8, Severability: If any provision is invalid, the remainder of the Act remains unaffected.

Sec. 9, Rule of construction: The Act does not preempt other legal rights or remedies, including consumer protection, privacy, or civil rights laws.