House Energy and Commerce committee adopts broad Kids Internet and Digital Safety Act amid partisan dispute over enforcement and preemption
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Summary
The House committee advanced the Kids Internet and Digital Safety Act after contentious debate over whether the bill removes a duty-of-care standard and preempts stronger state laws. Republicans said the package strengthens parental tools; Democrats said it leaves families worse off and shields tech platforms.
The House Energy and Commerce Committee adopted the Kids Internet and Digital Safety Act on a 28–24 roll-call vote after hours of debate over enforcement standards and state preemption.
Chairman Guthrie opened the markup by saying the package brought together “a dozen impactful proposals” to empower parents and protect children online and urged the committee to act. Ranking Member Pallone, however, warned that the Republican package would weaken enforcement and include an “impossible to meet” actual-knowledge standard that could let large platforms avoid accountability, saying the bills “would leave kids and their parents worse off.”
Republican members framed the Kids Act as a comprehensive set of parental tools and technical safeguards. Supporters highlighted requirements that platforms provide default child-protective settings, parental controls, age‑verification options and annual third‑party audits. Representative (speaker) who sponsored elements of the package said the measures are intended to address addictive design features, unsafe private messaging and AI‑driven harms.
Democrats repeatedly criticized three features: the absence of a statutory duty of care requiring platforms to design to limit foreseeable harms; what they called a narrowed enforcement standard requiring “actual knowledge” by platforms; and broad, inconsistently drawn preemption language that could block states from adopting stronger protections or interfere with existing litigation. Representative Pallone said those provisions risk “letting Big Tech off the hook.”
Committee Democrats offered amendments to tighten the knowledge standard and narrow preemption; one high‑profile amendment failed 24–27 on a roll call. Multiple additional Democratic amendments — addressing private rights of action, arbitration clauses, and the scope of preemption — likewise failed or were rejected. Republicans argued that changes adopted in the manager’s amendment preserved key state causes of action and preserved avenues for enforcement by the FTC and state attorneys general.
The committee recorded pro‑ and con‑testimony from members who said they had met with parents and families harmed by online abuse, and several members described having lost constituents or relatives to suicides or drug overdoses tied to online interactions. Members who support the bill said the legislation would provide immediate parental tools and technical assistance; critics said the bill prioritized industry convenience and risked precluding future stronger safeguards by states.
The committee approved the bill as amended. The next steps will be consideration by the full House; members on both sides said they expect additional amendments as the bill proceeds. The committee chair also announced that staff will continue negotiations on COPPA‑related measures and that COPPA would not be considered that day.
The committee vote on the Kids Act was 28 ayes and 24 noes.