GUARD Act
- Bill Number
- S. 3062
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-05-11: Placed on Senate Legislative Calendar under General Orders. Calendar No. 406.
- Last Updated
- 2026-06-08T16:37:19Z
AI-Generated Summary
Purpose
The GUARD Act (Guidelines for User Age-verification and Responsible Dialogue Act of 2026) aims to protect minors from harmful interactions with artificial intelligence (AI) chatbots, particularly those simulating emotional relationships (AI companions). It requires age verification to block minors from AI companions, mandates disclosures about AI nature and limitations, and imposes criminal penalties for chatbots promoting sexual or violent harm to minors.
Key Provisions
- Definitions:
- AI companion: An AI chatbot simulating sustained emotional bonds, affection, or persistent personas (e.g., as a friend or character).
- AI chatbot: Broadly, interactive software generating adaptive responses to open-ended user inputs (excludes narrow-purpose tools like customer service bots).
- Covered entity: Any person or company making AI chatbots publicly available to U.S. end consumers.
- Reasonable age verification: Methods like government ID, credit card age data, or device account info to confirm adult status (≥18 years old); self-reported birthdates alone are insufficient.
- Criminal Prohibitions (new 18 U.S.C. § 91):
- Fines up to $250,000 per offense for knowingly or recklessly making publicly available any AI chatbot that:
- Engages minors in or simulates sexually explicit or obscene content.
- Solicits or coerces minors into suicide, self-injury, or imminent violence/homicide.
- Obligations for Covered Entities (focus on AI companions):
- Require user accounts with age verification for all access.
- Freeze and re-verify existing accounts on effective date; verify new accounts upfront; periodically re-verify.
- Prohibit minors from using AI companions post-verification.
- Use third-party verifiers allowed, but not from "covered nations" (foreign adversaries per 10 U.S.C. § 4872, e.g., China, Russia).
- Secure age data: Minimize collection, encrypt transmission, short retention, no sharing/selling.
- Required Disclosures (for all publicly available AI chatbots):
- State at conversation start (and regularly) that it is AI, not human.
- Prohibit claiming professional status (e.g., therapist, lawyer); advise consulting licensed experts for medical/legal/financial/psychological advice.
- Enforcement:
- U.S. Attorney General (AG) can sue for injunctions, penalties ($250,000 per violation), restitution; limited rulemaking authority.
- State AGs can seek injunctions.
- Complements stricter state laws.
- Other: Effective 180 days after enactment; severability clause preserves rest of law if parts are struck down.
Significant Changes to Existing Law
- Creates new Chapter 6 in 18 U.S.C. (Part I) for AI-specific crimes, with fines higher than original proposal ($250k vs. $100k).
- Narrows scope from all AI chatbots to AI companions for age blocks/verification; disclosures and crimes apply more broadly.
- Adds bans on foreign-linked verifiers and data security mandates.
- Shifts from broad "solicitation" crimes to specific harms (e.g., erotic simulation, violence coercion).
Potential Impacts
- Government Agencies: Empowers federal/state AGs with investigation, rulemaking, and enforcement tools; may increase workload for DOJ and courts.
- Citizens: Protects minors from grooming, explicit content, self-harm risks; adults face verification hurdles (e.g., ID uploads) for AI companions, potentially reducing casual access.
- AI Companies: Must invest in verification tech, accounts, disclosures; non-compliance risks high fines; could limit minor-targeted features.
- No direct international relations impact, but restricts verifiers from adversarial nations, promoting U.S.-aligned data handling.
Main Stakeholders Affected
- AI Developers/Operators (covered entities): Primary compliance burden.
- Minors and Parents: Enhanced safety from harmful AI interactions.
- Adult Users: Possible friction from verification but continued access.
- Verification Providers: Opportunities for compliant firms; barriers for foreign ones.
- Enforcers: Federal/state AGs gain new authority.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes "compelling interest" in child protection (per findings); civil penalties treat each violation separately, enabling large fines. AG rulemaking limited to bill's scope, reducing overreach risk.
- Constitutional: Age verification may raise privacy (data security mandates mitigate) or First Amendment challenges (content restrictions on minors justified by child safety precedents like Ginsberg v. New York); severability protects against partial invalidation.
- Political: Bipartisan (20+ sponsors across parties); balances innovation with safety amid rising AI concerns for youth.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (20)
Sen. Blumenthal, Richard [D-CT], Sen. Britt, Katie Boyd [R-AL], Sen. Warner, Mark R. [D-VA], Sen. Murphy, Christopher [D-CT], Sen. Kelly, Mark [D-AZ], Sen. Gallego, Ruben [D-AZ], Sen. Lee, Mike [R-UT], Sen. Lankford, James [R-OK], Sen. Cotton, Tom [R-AR], Sen. Welch, Peter [D-VT], Sen. Hassan, Margaret Wood [D-NH], Sen. Cortez Masto, Catherine [D-NV], Sen. Kaine, Tim [D-VA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Ricketts, Pete [R-NE], Sen. Blackburn, Marsha [R-TN], Sen. Whitehouse, Sheldon [D-RI], Sen. Durbin, Richard J. [D-IL], Sen. Coons, Christopher A. [D-DE], Sen. Booker, Cory A. [D-NJ]
Recent Actions
- 2026-05-11: Placed on Senate Legislative Calendar under General Orders. Calendar No. 406.
- 2026-05-11: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- 2026-05-11: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- 2026-04-30: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2025-10-28: Read twice and referred to the Committee on the Judiciary.
- 2025-10-28: Introduced in Senate
Bill Versions
- Guidelines for User Age-verification and Responsible Dialogue Act of 2025 — issued 2025-10-28 — PDF (13 pages)
- Guidelines for User Age-verification and Responsible Dialogue Act of 2026 — issued 2026-05-11 — PDF (28 pages)