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Senate Judiciary Committee Advances GUARD Act Regulating Minor Use of AI

By Nicholas Xenakis, Diana Lee & Evan Chiacchiaro on May 8, 2026
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On April 30, 2026, the U.S. Senate Judiciary Committee unanimously advanced S. 3062, the Guidelines for User Age-verification and Responsible Dialogue Act of 2025 (the “GUARD Act”), marking a significant development in federal efforts to regulate certain uses of artificial intelligence (AI) involving minors. The bill now awaits consideration by the full Senate.

Senators Hawley (R-MO) and Blumenthal (D-CT) introduced the legislation in October 2025, and a bipartisan group of seventeen senators are cosponsors. The legislation focuses on regulating AI chatbots that are publicly available to consumers, with particular attention to the risks associated with use by minors under the age of eighteen.

The bill prohibits making AI chatbots publicly available while knowing or recklessly disregarding the fact that the AI chatbot:

  • Encourages suicide, self-injury, homicide, or imminent physical or sexual violence;  
  • Engages minors in certain sexual conversations; or
  • Makes available to minors depictions of sexual conduct.

The legislation also obligates AI chatbots to disclose clearly that users are interacting with a non‑human system and that the system does not hold professional credentials—like those of a licensed therapist, medical professional, or attorney—or provides medical, legal, financial, or psychological services.

Critically, the bill further requires user accounts to use AI companions, defined as AI chatbots that simulate a sustained interpersonal relationship or emotional interaction through certain types of responses. Entities that make AI companions publicly available to end consumers are mandated to implement “reasonable age verification measures” for all user accounts. Where a user is determined to be a minor under the age of eighteen, the provider would be prohibited from allowing access to AI companions.

To enforce its provisions, the GUARD Act would empower both the U.S. Attorney General and State Attorneys General to bring civil actions enjoining violations of the legislation, and the U.S. Attorney General would be able to pursue civil penalties of up to $250,000 per violation as well. There is also criminal liability for companies that violate the bill’s prohibitions on encouraging suicide, self-harm, or physical violence or exposing minors to sexual content, with fines of up to $250,000 per offense.

Following its unanimous committee approval, the GUARD Act moves on to the full Senate. While companion legislation has already been introduced in the House, there is still significant opposition from some electronic privacy and First Amendment-focused organizations, and the bill may undergo further changes. Nonetheless, at least the Senate has previously passed online safety legislation this Congress, so further movement remains a possibility.

Nicholas Xenakis

Nick Xenakis draws on his Capitol Hill experience to provide regulatory and legislative advice to clients in a range of industries, including technology. He has particular expertise in matters involving the Judiciary Committees, such as intellectual property, antitrust, national security, immigration, and criminal…

Nick Xenakis draws on his Capitol Hill experience to provide regulatory and legislative advice to clients in a range of industries, including technology. He has particular expertise in matters involving the Judiciary Committees, such as intellectual property, antitrust, national security, immigration, and criminal justice.

Nick joined the firm’s Public Policy practice after serving most recently as Chief Counsel for Senator Dianne Feinstein (C-DA) and Staff Director of the Senate Judiciary Committee’s Human Rights and the Law Subcommittee, where he was responsible for managing the subcommittee and Senator Feinstein’s Judiciary staff. He also advised the Senator on all nominations, legislation, and oversight matters before the committee.

Previously, Nick was the General Counsel for the Senate Judiciary Committee, where he managed committee staff and directed legislative and policy efforts on all issues in the Committee’s jurisdiction. He also participated in key judicial and Cabinet confirmations, including of an Attorney General and two Supreme Court Justices. Nick was also responsible for managing a broad range of committee equities in larger legislation, including appropriations, COVID-relief packages, and the National Defense Authorization Act.

Before his time on Capitol Hill, Nick served as an attorney with the Federal Public Defender’s Office for the Eastern District of Virginia. There he represented indigent clients charged with misdemeanor, felony, and capital offenses in federal court throughout all stages of litigation, including trial and appeal. He also coordinated district-wide habeas litigation following the Supreme Court’s decision in Johnson v. United States (invalidating the residual clause of the Armed Career Criminal Act).

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Photo of Diana Lee Diana Lee

Diana Lee is an associate in the firm’s London office and a member of the Data Privacy and Cybersecurity Practice Group. Diana’s practice focuses on regulatory, enforcement, and litigation matters relating to electronic surveillance, law enforcement access to digital evidence, and data privacy…

Diana Lee is an associate in the firm’s London office and a member of the Data Privacy and Cybersecurity Practice Group. Diana’s practice focuses on regulatory, enforcement, and litigation matters relating to electronic surveillance, law enforcement access to digital evidence, and data privacy and cybersecurity. Before rejoining the firm, she clerked for Judge Victor A. Bolden, United States District Judge for the District of Connecticut.

Diana is a member of the Bars of New York and the District of Columbia.

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  • Posted in:
    International
  • Blog:
    Global Policy Watch
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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