Republican Senators Say House Speaker Should Move Kids’ Online Safety Bills

House Speaker Mike Johnson, R-La., should bring up kids’ online safety legislation in September, Republican senators told us in interviews after the Senate's overwhelming passage of the measures last week.

The Senate voted 91-3 Tuesday to approve the Kids Online Safety Act (KOSA) (S-1409) and Children and Teens’ Online Privacy Protection Act (COPPA 2.0) (S-1418) (see 2407300042).

Johnson could introduce the Senate package on the floor at any time, but Senate Majority Leader Chuck Schumer, D-N.Y., on Thursday cited reports suggesting House Republican leaders oppose considering the bills.

“I hope these reports are not accurate,” said Schumer, noting Johnson's support of KOSA a week prior. “Letting KOSA and COPPA collect dust in the House would be an awful mistake and a gut punch.”

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., has expressed interest in marking up the bills at the committee level (see 2406270046). Proponents have said committee deliberation would allow sponsors to address any lingering legislative issues.

The offices of Johnson and House Majority Leader Steve Scalise, R-La., didn’t comment Friday. Their opposition to the House Commerce Committee’s comprehensive privacy bill led to Rodgers in June canceling a markup that included KOSA and COPPA 2.0 (see 2406270046). Johnson said at the time that he’s committed to finding consensus on data privacy, “especially for the safety of our children.” “In theory” Johnson supports the kids’ bills, but there are outstanding “technical details,” one lobbyist told us.

“We have a tremendous amount of support in the House,” said Sen. Marsha Blackburn, R-Tenn., who introduced KOSA with Sen. Richard Blumenthal, D-Conn. She said House Innovation Subcommittee Chairman Gus Bilirakis, R-Fla., and Rep. Kathy Castor, D-Fla., who introduced the KOSA companion bill, continue building support: “We have leadership’s support. We look forward to seeing them take it to the floor in September when they return. I think it’s ready to go.”

Bilirakis said in a statement Friday that he looks “forward to doing whatever it takes to get legislation across the finish line. It is critical that we implement better safeguards for children while empowering parents with the tools they need to keep kids safe.”

Castor said Friday: “America’s kids can’t afford for us to continue waiting to get them the online protections they need and deserve. I urge swift action in the House and encourage my colleagues to support COPPA 2.0 and KOSA”

Rodgers’ office didn’t comment, nor did the offices of House Commerce Committee ranking member Frank Pallone, D-N.J., and Rep. Tim Walberg, R-Mich. Walberg and Castor introduced COPPA 2.0, which was folded into the House Commerce Committee’s comprehensive privacy bill before the canceled markup.

Sen. Thom Tillis, R-N.C., told us Thursday he supports the House moving forward but said it’s uncertain whether there’s enough support to bring the package to the floor immediately. Sens. Rand Paul, R-Ky., Mike Lee, R-Utah, and Ron Wyden, D-Ore., voted against the package in the Senate. Paul expects more resistance to KOSA in the lower chamber, he told us. He and Wyden objected on First Amendment and censorship grounds.

KOSA has drawn opposition from key progressives and free speech advocates in the House. Reps. Alexandria Ocasio-Cortez, D-N.Y., and Maxwell Frost, D-Fla., are against the measure because of its potential impact on the LGBTQ community, an issue Wyden also cited. Frost called KOSA a “dangerous bill” that could allow a Republican administration to block content for “trans and queer kids.”

Sen. Mike Rounds, R-S.D., said Thursday: “Right now the opportunity to provide some relief for families probably overrides the issues of censorship that people have.” The key question is whether House Republican leaders want to move forward. “They have plenty of time to contemplate it before they’re back in session.”

Eleanor Gaetan, National Center on Sexual Exploitation vice president, said Johnson has spoken about the need to protect children online, and there’s time to work through the lingering issues before the end of the year. She said committee deliberation could allow Rodgers and bill sponsors to further strengthen the measure's language. Definitions for covered companies in the current House language are weaker than the Senate version, she said. But Bilirakis and Castor are very committed to the bill, she said: “They’re not co-sponsoring it as a vanity plate.”