Kids’ Bills Complicating House Commerce's Privacy Progress

Incorporating kids’ privacy language is complicating the House Commerce Committee's effort to move ahead with a comprehensive bill, members told us in interviews last week. A full committee markup is possible when the chamber returns the week of June 24.

The American Privacy Rights Act (APRA) includes language from the Children and Teens’ Online Privacy Protection Act (COPPA 2.0). COPPA 2.0's sponsors, Reps. Kathy Castor, D-Fla., and Tim Walberg, R-Mich., say the language isn’t strong enough. In addition, Castor is working to attach the Kids Online Safety Act (KOSA) (HR-7891), a bill ranking member Frank Pallone, D-N.J., objected to during a subcommittee markup. Meanwhile, several tech associations said APRA falls short because it doesn’t properly preempt state privacy law (see 2406100040). Lobbyists told us Chair Cathy McMorris Rodgers, R-Wash., is having a difficult time appeasing all sides.

“I’d like us to pass a privacy bill and then pass KOSA,” Rodgers told us Thursday, noting COPPA language is already incorporated into APRA. She said a markup is a possibility when the committee returns.

Pallone was asked if he supported the bills as written. “We’re still working on it. ... We’re trying to move as quickly as possible. We want to have a consensus -- as many members as possible.”

There are many different child protection standards, Castor told us. It’s the committee’s “preference” to move all three bills together, but it “may turn out it’s too complicated to merge them,” said Castor. The “larger issues” surrounding APRA are the biggest obstacle, she said. Federal preemption and a consumer's private right of action have long been sticking points in the privacy debate. Senate Commerce Committee ranking member Ted Cruz, R-Texas, has said he won't support the House bill if the committee insists on a right of action (see 2404150059).

“I don’t think the comprehensive bill is ready yet,” said Walberg. COPPA “is an integral part. I like to call it a sweetener for the APRA bill. I think right now there’s still negotiations going on on both of them.” Rodgers sees it as a “positive” to move both kids’ proposals with APRA. “I think Frank Pallone has some concerns along those lines, so they’re trying to thread the needle right now.”

House Innovation Subcommittee ranking member Jan Schakowsky, D-Ill., said, “I continue to hope that we could put it all together, but I’m not sure that’s going to happen.”

House Innovation Subcommittee Chairman Gus Bilirakis, R-Fla., introduced KOSA with Castor. Castor said conversations with him suggest KOSA is ready to pass, but complications with APRA remain.

Meanwhile in the Senate, Cruz told us it's unclear why Chair Maria Cantwell, D-Wash., hasn’t added his bipartisan kids’ social media bill, sponsored with Sen. Brian Schatz, D-Hawaii, to the markup agenda (see 2405060059). Their Kids Off Social Media Act initially was scheduled for markup with spectrum legislation (see 2405100028 and 2405210056). “It’s been on the markup twice. I think both times it was very likely to pass with strong bipartisan support, but markups keep getting pulled down,” he said. “I hope we mark it up and pass it.” Schatz said Thursday: “We’re still making good progress and quite optimistic.”

Sen. John Hickenlooper, D-Colo., said the potential for 18 states to soon have comprehensive privacy laws should increase the chamber’s sense of urgency. “If that’s not an indication that we’ve got to get rolling, I don’t know what is,” he said.