Kids Online Safety Law in Congress 2026: Why Nothing Passed

A bill that passes a Senate committee unanimously sounds close to law. It is not. In 2026, the Senate Judiciary Committee approved the GUARD Act without a single no vote, the Senate Commerce Committee sent four child-safety bills to the floor, and the House passed the KIDS Act 267–117. Yet as of November 1, 2026, no kids online safety law has cleared Congress, and Congress left for its October recess without advancing any of them. If you searched for the status of a kids online safety law in Congress in 2026, the short answer is: stuck. The longer answer explains why, and why the protections your child will actually feel in 2027 are coming from state capitals, not Washington.

Key Takeaways

• As of November 1, 2026, Congress has passed no federal law on kids’ online safety or AI chatbots. Committee approval only places a bill on a calendar; leaders decide whether it gets floor time.
• The House passed the KIDS Act (H.R. 7757) 267–117 on June 29, 2026. Senate KOSA authors Marsha Blackburn and Richard Blumenthal called it “a pale imitation of Big Tech accountability” because it drops KOSA’s “duty of care.”
• KOSA itself passed the Senate 91–3 in July 2024, and the House never took it up. The pattern repeated in 2026 in reverse.
• The main fights are the duty of care, preemption of state laws (including state AI laws the White House wants limited), and free-speech and age-verification objections.
• Bills not passed by the end of the 119th Congress in early January 2027 expire. Meanwhile, state chatbot laws in New York, California, Oregon and Washington are already set to take effect.

Where Each Kids’ Online Safety Bill Stands

Federal kids’ online safety legislation is a group of overlapping bills, not one bill. According to the Children and Screens policy update for October 2026, the Senate Commerce Committee held a markup on August 5, 2026 and advanced four bills: the Kids Online Safety Act (KOSA, S. 1748), the CHATBOT Act (S. 4407, sponsored by Ted Cruz), the Youth AI Privacy Act (S. 4199, sponsored by Ed Markey), and the Children’s Artificial Intelligence Toy Safety Act (S. 5171). A fifth, the SCREEN Act on adult-content age verification, failed in committee. Children and Screens then reports that Congress “did not take further action on the four bills during its brief September session,” and adjourned early for October recess.

KOSA cleared Commerce by a unanimous voice vote, CT Mirror reported. It has been through committee several times. Its closest call came in 2024, when it passed the full Senate 91–3 “but the House never took it up.”

On the Judiciary side, Senator Josh Hawley’s office announced on April 30, 2026 that the committee unanimously passed the GUARD Act, which would ban AI companions for minors, require all chatbots to disclose that they are not human or professionals, and impose criminal penalties on companies whose chatbots engage in sexual conduct with minors or solicit self-harm. No floor vote has followed. We break that bill down in our explainer on the GUARD Act.

In the House, the KIDS Act bundles a version of KOSA, COPPA 2.0 and more than a dozen other measures, including chatbot rules. It passed 267–117 under suspension of the rules, a fast-track process that requires a two-thirds majority, according to Roll Call. See what is actually in the KIDS Act for the clause-by-clause version.

Why Committee Votes Don’t Become Laws: The Mechanics

Passing a committee is the first step of roughly five, and the easiest one. Here is the path a bill still has to travel.

Step 1: Getting floor time. In the Senate, the majority leader controls which bills reach the floor, and floor weeks are scarce in an election year: appropriations, nominations and must-pass deadlines compete for the same days. A unanimous committee vote signals support. It does not reserve a slot.

Step 2: Getting past 60. If any senator objects to quick passage by unanimous consent, supporters usually need cloture to end debate. The Senate’s own history of the filibuster notes that since 1975, cloture requires “three-fifths of all senators duly chosen and sworn, or 60 of the 100-member Senate.” Each cloture process also eats days of floor time.

Step 3: Matching the other chamber. Both chambers must pass identical text. Right now they have passed, or are pushing, different bills. The House passed the KIDS Act; the Senate’s leading bill is KOSA in its own form. After House passage, Blackburn and Blumenthal said the Senate would not “greenlight hollow reforms,” as The Record reported. At the August markup, Blackburn said, “The Senate cannot and will not accept the version that the House passed.”

Step 4: Beating the clock. Every bill introduced in the 119th Congress dies when that Congress ends in early January 2027. CT Mirror noted in August that Congress would return in September with only a few weeks before the midterm break, leaving “a short lame-duck session.” Anything not finished must be reintroduced and start over in 2027.

Step 5: The President’s signature. Even a deal between chambers needs it, and the administration has its own priority attached, as the next section explains.

The Three Disagreements Stalling a Kids Online Safety Law

The duty of care. The Senate’s KOSA would require platforms to “exercise reasonable care” in design to mitigate a defined list of harms, including certain mental health disorders. The House KIDS Act replaces this with a requirement to maintain “reasonable policies, practices, and procedures” against a narrower list of harms. Tech Policy Press notes the House list omits several mental-health harms present in the Senate text. Supporters of the House approach cite First Amendment concerns about a broad duty of care.

Preemption. Preemption means a federal law overriding state laws. The March House draft preempted similar state laws; the June version that passed says it does not preempt more protective state laws. Ranking Member Frank Pallone described the KIDS Act as “a floor, not the ceiling.” Critics quoted by Axios and summarized by Tech Policy Press still worry it would make design-feature lawsuits harder. A separate fight sits on top: The Record reports that Blackburn has worked with the White House on a package that includes a plan to preempt some state AI laws. “Most Republicans favor preemption, but Democrats do not,” The Record wrote.

Free speech and age checks. Civil liberties groups object on different grounds. The Foundation for Individual Rights and Expression said the House bill would “hand state and federal officials unprecedented power to reshape the internet,” according to Roll Call. The Electronic Frontier Foundation warned that even without an explicit mandate, liability would push services toward collecting IDs or face scans to determine users’ ages.

These are real disagreements among people who all say they want kids protected. That is part of why this keeps failing: there is no single villain to blame.

Federal Bills vs. State Laws: What Protects Kids Now

Measure	Status (Nov 1, 2026)	Covers AI chatbots?	Main sticking point
KOSA (S. 1748)	Passed Senate Commerce by voice vote, Aug 5, 2026; no floor vote	Indirectly, through platform design duties	Duty of care; free-speech objections
KIDS Act (H.R. 7757)	Passed House 267–117, June 29, 2026; Senate sponsors of KOSA oppose it	Yes: not-human disclosure, crisis resources, break advice	No duty of care; preemption scope
GUARD Act	Passed Senate Judiciary unanimously, Apr 30, 2026; no floor vote	Yes: bans AI companions for minors	Age verification; scope of ban
CHATBOT Act (S. 4407)	Advanced by Senate Commerce, Aug 5, 2026	Yes: parental monitoring and controls	Floor time
Youth AI Privacy Act (S. 4199)	Advanced by Senate Commerce, Aug 5, 2026	Yes: data limits, safety standards	Floor time
New York S9051-B	Signed Oct 28, 2026; Akin Gump says effective Jan 1, 2027	Yes: 12 banned features for minors	AG rulemaking ahead
Oregon SB 1546 and Washington HB 2225	Signed March 2026; effective Jan 1, 2027	Yes: disclosures, break reminders, crisis referrals	Definitions of covered bots

What Parents Can Do While Congress Is Stuck

Find out which state rules apply to your child

The state laws are real and dated. Our map of companion chatbot laws in 2026 shows where they stand. If your state has one, read what the bot is required to do, and check whether your child’s app does it.

Use the protections that exist without any law

Linking a teen account, turning off chatbot memory, setting quiet hours and keeping devices out of bedrooms at night all work today. None of them waits on a floor vote.

Watch the preemption fight, not just the headlines

A federal law that preempts stronger state rules could, on balance, reduce protection in some states. The KIDS Act text that passed the House claims not to do this; the Senate package the White House favors may include AI preemption. When a “kids’ safety bill passes” headline appears, the preemption clause is the line that tells you whether your state’s rules survive.

Contact your representatives about specifics

General calls to “protect kids” are easy to agree with and easy to ignore. Asking whether your senator supports a duty of care, or opposes preempting your state’s chatbot law, is a question with a yes-or-no answer.

What not to do

Don’t assume a federal fix is around the corner and hold off on household rules. Versions of KOSA have been debated for more than four years. Every bill in this article expires in early January 2027 if Congress does not finish it.

What to Watch For Over the Next 3 Months

• Week 4: The post-election lame-duck session. Watch whether Senate leaders schedule floor time for KOSA, the GUARD Act or a combined package, and whether AI preemption is attached.
• Month 2 red flags: A deal that preempts state AI or chatbot laws without a strong federal replacement, or one that mandates broad age verification without privacy limits.
• Month 3 self-check: In January 2027, the new Congress begins and bills must be reintroduced. Check whether your state’s chatbot law took effect on January 1 and whether your child’s apps changed.

Frequently Asked Questions

Is there any federal law protecting kids from AI chatbots right now?

No federal law specifically regulates AI chatbots for minors as of November 1, 2026. Older laws still apply in pieces: COPPA covers data collected from children under 13, and the FTC can act against unfair or deceptive practices. The chatbot-specific rules taking effect in 2027 are state laws.

What does “passed committee unanimously” actually mean?

It means every committee member present voted yes or no one objected, and the bill is reported to the full chamber. It signals broad support but guarantees nothing. Leaders must schedule a floor vote, the Senate usually needs 60 votes to end debate, and the other chamber must pass the same text.

Why did the Senate pass KOSA in 2024 but not now?

In July 2024 the Senate passed KOSA 91–3, but the House never voted on it, so it expired with that Congress. In 2026 the bill was reintroduced, cleared committee again, and has not received a floor vote. Meanwhile the House passed its own, different package.

Would a federal law override my state’s chatbot law?

It depends on the preemption clause. The KIDS Act version the House passed says it does not preempt state laws that are more protective. Other proposals, including a package the White House reportedly favors, could limit some state AI laws. No federal bill has passed, so state laws stand for now.

When could Congress realistically pass something?

The remaining window in this Congress is the lame-duck session after the November 2026 elections. If nothing passes by early January 2027, every bill must be reintroduced in the new Congress and go through committee again.

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About the author

Ricky Flores is the founder of HiWave Makers and an electrical engineer with 15+ years of experience building consumer technology at Apple, Samsung, and Texas Instruments. He writes about how kids learn to build, think, and create in a tech-saturated world. Read more at hiwavemakers.com.

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Sources

1. Children and Screens: Institute of Digital Media and Child Development. (2026, October 14). “Policy Update: October 2026.” Children and Screens. https://www.childrenandscreens.org/newsroom/news/policy-update-october-2026/
2. CT Mirror. (2026, August 5). “Senate panel approves Blumenthal’s Kids Online Safety Act.” CT Mirror. https://ctmirror.org/2026/08/05/senate-panel-approves-kosa/
3. Office of Senator Josh Hawley. (2026, April 30). “Senator Hawley’s GUARD Act to Protect Kids from AI Chatbots Passes Committee Unanimously.” hawley.senate.gov. https://www.hawley.senate.gov/senator-hawleys-guard-act-to-protect-kids-from-ai-chatbots-passes-committee-unanimously/
4. Roll Call. (2026, June 29). “Kids bill faces uncertainty after House passage.” Roll Call. https://rollcall.com/2026/06/29/kids-bill-faces-uncertainty-after-house-passage/
5. The Record. (2026, June 30). “House passes kids’ online safety bill, but Senate approval unlikely.” The Record by Recorded Future News. https://therecord.media/house-passes-kids-online-safety-bill-senate-unlikely
6. Tech Policy Press. (2026). “Bipartisan Smorgasbord of Children’s Online Safety Legislation Passes the House.” Tech Policy Press. https://techpolicy.press/bipartisan-smorgasbord-of-childrens-online-safety-legislation-passes-the-house
7. U.S. Senate. (n.d.). “About Filibusters and Cloture.” senate.gov. https://www.senate.gov/about/powers-procedures/filibusters-cloture.htm
8. Office of Rep. Frank Pallone Jr. (2026, June 29). “Pallone Celebrates House Passage of Bipartisan KIDS Act to Protect Kids Online.” pallone.house.gov. https://pallone.house.gov/media/press-releases/pallone-celebrates-house-passage-bipartisan-kids-act-protect-kids-online