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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3495 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3495
To prevent fraud enabled by artificial intelligence, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2025
Ms. Klobuchar (for herself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To prevent fraud enabled by artificial intelligence, 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 ``Artificial Intelligence Scam
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2024, scammers stole over $1,400,000,000 through
phone and text message scams from people in the United States.
(2) Artificial intelligence presents many opportunities for
advancement. But some emerging technologies--including
artificial intelligence-generated deepfakes and chatbots--are
turbocharging scams, creating new types of scams, giving them
broader reach, and making them easier to commit. The Federal
Trade Commission has committed to using all of its tools to
detect, deter, and halt impersonation fraud.
(3) Scammers only need a short sample of an individual's
voice and information readily available on the internet to
generate an authentic-seeming imitation.
(4) Federal, State, and local law enforcement, as well as
the general public, need updated laws to hold perpetrators
accountable under the law.
SEC. 3. IMPERSONATION AND ARTIFICIAL INTELLIGENCE-ENABLED FRAUD
PREVENTION.
(a) Impersonation Scams.--
(1) In general.--It shall be unlawful for any person to--
(A) engage in a deceptive act or practice in or
affecting commerce by impersonating a government,
business, or any official thereof;
(B) replicate any individual's image or voice,
including through the use of artificial intelligence,
with the intent to defraud; or
(C) provide substantial assistance to another
person in violating subparagraphs (A) or (B) when they
know or should reasonably know that such person is
engaging in conduct described in subparagraph (A) or
(B).
(2) Enforcement by the ftc.--
(A) Unfair or deceptive acts or practices.--A
violation of this subsection 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)).
(B) Powers of the ftc.--
(i) In general.--The Federal Trade
Commission shall enforce this subsection 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 subsection.
(ii) Privileges and immunities.--Any person
who violates this subsection 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.).
(iii) Authority preserved.--Nothing in this
subsection shall be construed to limit the
authority of the Federal Trade Commission under
any other provision of law.
(b) Seniors Fraud Advisory Office.--Section 122(a)(2)(A) of the
Seniors Fraud Prevention Act of 2022 (15 U.S.C. 45e(a)(2)(A)) is
amended by inserting ``information about scams enabled by artificial
intelligence and'' after ``including''.
SEC. 4. TEXT MESSAGING AND VIDEO CONFERENCING.
(a) Telemarketing and Consumer Fraud and Abuse Prevention Act.--
(1) Definitions.--Section 7 of the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106) is
amended--
(A) in paragraph (4), by inserting ``, text
message, or video conference call'' after ``interstate
telephone call''; and
(B) by adding at the end the following new
paragraphs:
``(5) The term `text message'--
``(A) means a message consisting of text, images,
sounds, or other information that is transmitted--
``(i) to or from a device that is
identified as the receiving or transmitting
device by means of a 10-digit telephone number,
N11 service code, short code telephone number,
or email address; or
``(ii) through application-to-person
messaging; and
``(B) includes--
``(i) a short message service (commonly
referred to as `SMS') message;
``(ii) a multimedia message service
(commonly referred to as `MMS') message; or
``(iii) a rich communication service
(commonly referred to as `RCS') message; and
``(C) does not include a real-time, 2-way voice or
video communication.
``(6) The term `video conference call' means a real-time,
video or audio communication between 2 or more individuals but
does not include a telephone call with no video
capabilities.''.
(2) Required disclosure for telemarketing using artificial
intelligence.--Section 3(a)(3) of the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3))
is amended--
(A) in subparagraph (C), by striking ``; and'' and
inserting a comma;
(B) in subparagraph (D), by striking the period at
the end and inserting ``, and''; and
(C) by inserting after subparagraph (D) the
following new paragraph:
``(E) a requirement that any person that makes or
transmits a telephone call or text message that employs
artificial intelligence to emulate a human being shall
promptly and clearly disclose to the person receiving
the call or text message that such artificial
intelligence is being used.''.
(b) Communications Act of 1934.--The Communications Act of 1934 (47
U.S.C. 151 et seq.) is amended--
(1) in section 227 (47 U.S.C. 227)--
(A) in subsection (a)--
(i) by redesignating paragraphs (1), (2),
(3), (4), and (5) as paragraphs (2), (3), (4),
(5), and (8), respectively;
(ii) by inserting before paragraph (2), as
so redesignated, the following:
``(1) The term `artificial or prerecorded voice' includes
any technological representation of speech or conduct that--
``(A) is generated--
``(i) by any machine or computer; or
``(ii) through the use of artificial
intelligence; and
``(B) appears to authentically depict the speech or
conduct of an individual who did not actually engage in
that speech or conduct.'';
(iii) in paragraph (2), as so
redesignated--
(I) in subparagraph (A), by
inserting after ``called'' the
following: ``(or to have text messages
sent to)''; and
(II) in subparagraph (B), by
inserting ``, or send text messages
to,'' after ``to dial''; and
(iv) by inserting after paragraph (5), as
so redesignated, the following:
``(6) The term `text message'--
``(A) means a message consisting of text, images,
sounds, or other information that is transmitted--
``(i) to or from a device that is
identified as the receiving or transmitting
device by means of a 10-digit telephone number,
N11 service code, short code telephone number,
or email address; or
``(ii) through application-to-person
messaging;
``(B) includes--
``(i) a short message service (commonly
referred to as `SMS') message;
``(ii) a multimedia message service
(commonly referred to as `MMS') message; or
``(iii) a rich communication service
(commonly referred to as `RCS') message; and
``(C) does not include a real-time, 2-way voice or
video communication.
``(7) The term `text messaging service' means a service
that enables the transmission or receipt of a text message,
including a service provided as part of or in connection with a
voice service.'';
(B) in subsection (b)(1)--
(i) in subparagraph (A), in the matter
preceding clause (i)--
(I) by inserting ``or send any text
message'' after ``make any call''; and
(II) by inserting ``or text
message'' after ``(other than a call'';
(ii) in subparagraph (B), by striking
``residential''; and
(iii) in subparagraph (C), in the matter
preceding clause (i), by inserting ``or to a
mobile device as a text message,'' after ``to
send, to a telephone facsimile machine,''; and
(C) by adding at the end the following:
``(k) Disclosures Regarding the Use of Artificial Intelligence.--If
a person makes or transmits a call, or sends a text message, that is
delivered using an automatic telephone dialing system, or that uses
artificial intelligence to emulate a human being, the person shall
include a disclosure at the beginning of the call or text message
disclosing the fact that the automatic telephone dialing system or
artificial intelligence, as applicable, is being used in that
manner.''; and
(2) in section 230(e) (47 U.S.C. 230(e)), by adding at the
end the following:
``(6) No effect on the telemarketing and consumer fraud and
abuse prevention act.--Nothing in this section shall be
construed to limit the application of the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.) or part 310 of title 16, Code of Federal Regulations (or
any successor regulations).''.
SEC. 5. REPORTING AND OTHER IMPROVEMENTS.
(a) Improving Reporting and Increasing Awareness of Artificial
Intelligence and Other Scams.--The Federal Trade Commission, in
consultation with the Attorney General and the Federal Communications
Commission, may--
(1) as soon as practicable after the date of enactment of
this Act, update the web portal of the Federal Trade Commission
to include the latest information, searchable by region and
type of scam, on scams enabled by artificial intelligence,
including contacts for relevant law enforcement and adult
protective service agencies;
(2) establish procedures to--
(A) log and acknowledge the receipt of complaints
by individuals who believe they have been a victim of
mail, television, internet, telemarketing, and robocall
fraud in the Consumer Sentinel Network, and shall make
those complaints immediately available to Federal,
State, and local law enforcement authorities; and
(B) provide to individuals described in
subparagraph (A), and to any other persons, specific
and general information on mail, television, internet,
telemarketing, and robocall fraud, including
descriptions of the most common schemes using such
methods of communication; and
(3) work with media outlets and law enforcement to
distribute the information included in the web portal of the
Federal Trade Commission pursuant to paragraph (1) to senior
citizens and their families and caregivers.
(b) FTC and FCC Joint Artificial Intelligence Scam Prevention
Advisory Group.--
(1) Establishment.--There is established an Artificial
Intelligence Scams Advisory Group (referred to in this
subsection as the ``Advisory Group'').
(2) Members.--
(A) In general.--The Advisory Group shall be
composed of the following individuals or the designees
of those individuals:
(i) The Chair of the Federal Trade
Commission.
(ii) The Chair of the Federal
Communications Commission.
(iii) The Secretary of the Treasury.
(iv) The Attorney General.
(v) The Director of the Consumer Financial
Protection Bureau.
(vi) Representatives from each of the
following sectors, including trade
associations, to be selected by the Federal
Trade Commission in consultation with the
Federal Communications Commission:
(I) Retail.
(II) Gift cards.
(III) Telecommunications (including
voice over internet protocol service
providers).
(IV) Wire-transfer services.
(V) Consumer advocacy organizations
focused on preventing consumer scams.
(B) Chair.--The Advisory Group shall be chaired by
the Chair of the Federal Trade Commission and the Chair
of the Federal Communications Commission.
(3) No compensation for members.--A member of the Advisory
Group shall serve without compensation in addition to any
compensation received for the service of the member as an
officer or employee of the United States, if applicable.
(4) Duties.--
(A) In general.--The Advisory Group shall--
(i) collect information on the existence,
use, and success of educational materials and
programs for retailers, financial services, and
wire-transfer companies, which--
(I) are used as a guide to educate
employees on how to identify and
prevent scams that are enabled by
artificial intelligence; and
(II) include--
(aa) useful information for
retailers, financial services,
and wire transfer companies for
the purpose described in
subclause (I);
(bb) training for employees
on ways to identify and prevent
scams;
(cc) best practices for
keeping employees up to date on
current scams;
(dd) the most effective
signage and placement of
signage in retail locations to
warn about the use of gift
cards, prepaid cards, and wire
transfer services by scammers;
(ee) best practices for
collaborative community
education campaigns;
(ff) available technology
to assist in identifying
possible scams at the point of
sale; and
(gg) other information that
is helpful to retailers, wire
transfer companies, financial
institutions, and their
employees as they work to
prevent scams; and
(ii) based on the findings in clause (i)--
(I) identify inadequacies,
omissions, or deficiencies in those
educational materials and programs for
the purposes listed in such clause and
their execution in teaching employees
to protect consumers; and
(II) create model materials, best
practices, guidance, or recommendations
to fill those inadequacies, omissions,
or deficiencies that may be used by
industry and others to help protect
consumers from scams.
(B) Encouraged use.--The Chair of the Federal Trade
Commission and the Chair of the Federal Communications
Commission shall--
(i) make the materials or guidance created
by the Advisory Group publicly available; and
(ii) encourage the use and distribution of
the materials or guidance created by the
Advisory Group to government agencies and the
private sector to prevent scams affecting
consumers.
(5) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
described in paragraph (6), the Advisory Group shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the work of the Advisory Group,
together with the recommendations of the Advisory Group for
such legislation and administrative actions as the Advisory
Group considers appropriate.
(6) Termination.--The Advisory Group shall terminate on the
date that is 5 years after the date of enactment of this Act.
(c) FTC Report on Artificial Intelligence Enabled Scams.--Not later
than 180 days after the date of enactment of this Act, and annually
thereafter, the Federal Trade Commission shall submit to Congress a
report that includes--
(1) a description of the number and types of scams
identified by the Federal Trade Commission that use artificial
intelligence; and
(2) policy recommendations to prevent such scams,
especially as such scams relate to voice clone impersonation.
(d) Annual Report to Congress on Robocalls and Transmission of
Misleading or Inaccurate Caller Identification Information.--
(1) In general.--Section 227(h)(2) of the Communications
Act of 1934 (47 U.S.C. 227(h)(2)) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``that a
consumer received a call in violation'' and
inserting ``a violation'';
(ii) in clause (ii), by striking ``that a
consumer received a call in violation'' and
inserting ``a violation''; and
(iii) in clause (iii), by striking ``that a
consumer received a call in connection with
which misleading or inaccurate caller
identification information was transmitted in
violation'' and inserting ``a violation'';
(B) in subparagraph (F), by striking ``calls made
in violation'' and inserting ``violations''; and
(C) in subparagraph (G)--
(i) by inserting ``(or high-volume,
unlawful text messages)'' after ``unlawful,
short-duration calls''; and
(ii) by striking ``calls made in
violation'' each place that term appears and
inserting ``violations''.
(2) Information sharing.--Section 227(i) of the
Communications Act of 1934 (47 U.S.C. 227(i)) is amended--
(A) by striking paragraph (2);
(B) by striking ``Sharing'' in the subsection
heading and all that follows through ``Not later than''
and inserting the following: ``Sharing.--Not later
than''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly.
(3) Robocall blocking service.--Section 227(j) of the
Communications Act of 1934 (47 U.S.C. 227(j)) is amended--
(A) by striking paragraph (2);
(B) by striking ``Service'' in the subsection
heading and all that follows through ``Not later than''
and inserting the following: ``Service.--Not later
than'';
(C) by redesignating subparagraphs (A), (B), and
(C), as paragraphs (1), (2), and (3), respectively, and
adjusting the margins accordingly; and
(D) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly.
(4) Regulations.--Not later than 270 days after the date of
enactment of this Act, the Federal Communications Commission
shall promulgate regulations to implement the amendments made
by this subsection.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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