Markup of 18 Bills

Education and Workforce MarkupsHouse Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade · 2025-12-11 · 119th Congress
The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade met to mark up a package of roughly 18 bills addressing online safety for children and teens, including the Kids Online Safety Act (KOSA), COPPA 2.0, app store age-verification measures, and narrower bills on fentanyl trafficking, AI chatbots, data brokers, and video-game chat features. Begins at 0:17:32
Transcript
Highlights

Title

Markup of 18 bills to protect children online

Purpose

The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade met to mark up a package of roughly 18 bills addressing online safety for children and teens, including the Kids Online Safety Act (KOSA), COPPA 2.0, app store age-verification measures, and narrower bills on fentanyl trafficking, AI chatbots, data brokers, and video-game chat features. Members debated whether the bills' safeguards, knowledge standards, and state-law preemption provisions go far enough, with Democrats pushing amendments (mostly withdrawn after negotiation commitments) and Republicans stressing parental empowerment; nearly all bills were forwarded to the full committee, with KOSA and COPPA 2.0 passing on recorded roll-call votes. Begins at0:17:32

Who spoke

Chairman Gus Bilirakis (R-FL), Subcommittee Chair0:17:32: Opened by citing the death of 16-year-old McKenna Brown from online bullying0:18:02 and framed the markup as a multi-bill strategy to protect kids, empower parents, and future-proof legislation0:18:29; later offered and passed his KOSA substitute amendment reflecting feedback from "Angel parents"2:37:462:38:39.

Rep. Jan Schakowsky (D-IL), Full Committee Ranking Member0:20:49: Said she was "furious" that the legislation excludes states wanting to help protect children0:20:49 and criticized Big Tech for continuing to allow harms to occur0:23:52.

Rep. Brett Guthrie (R-KY), Full Committee Chair0:24:51: Cited that nearly half of teens report being online "almost constantly" and doubled mental-health risk from over three hours of daily social media use0:25:10; later helped negotiate a law-enforcement carve-out on the data broker bill2:30:17.

Rep. Frank Pallone (D-NJ), Full Committee Ranking Member0:24:51: Supported his own Don't Sell Kids' Data Act0:28:07 but said broad preemption language in COSA/COPPA 2.0 would wipe out state privacy and product-liability laws and shut grieving parents out of court0:29:30; criticized Trump's attempted firing of FTC Democratic commissioners0:30:52.

Rep. (Ms.) [opening statement, ~0:31:49]0:31:49: Argued the markup "fails ... to meet the seriousness" of the crisis, proposed a three-part tech agenda (antitrust reform, comprehensive privacy standards, independent enforcement)0:33:130:33:39.

Rep. Yvette Clarke (D-NY)0:35:02: Accused colleagues of "lip service" while dismantling the FTC and entertaining an AI preemption moratorium0:35:32; called for a federal data privacy standard0:36:22.

Rep. Kim Schrier (D-WA)0:40:02: Championed her Safe Social Media Act to study social media's mental-health impacts0:40:27; later spoke on Sammy's Law1:07:34 and offered the SPY Kids Act amendment limiting market research on minors1:23:50; as a pediatrician described rising anxiety, depression, and sleep loss linked to social media, citing 93% of Gen Z staying up too late2:48:572:49:48.

Rep. Gabe Evans (R-CO)0:43:29: A former police officer, described Colorado's high youth fentanyl overdose rate (75% of 2023 youth overdoses fentanyl-linked) and a 1.7-million-pill DEA seizure near Denver0:44:300:44:54 in support of the No Fentanyl on Social Media Act; later raised law-enforcement concerns about the data broker bill lacking carve-outs, citing a National Sheriffs' Association letter2:28:52.

Rep. Debbie Dingell (D-MI)0:46:46: Co-led the No Fentanyl on Social Media Act, citing a report that nearly 90% of DEA-seized online pills contained fentanyl0:48:03, and shared her sister's fatal overdose0:49:31; later raised concerns about Sammy's Law endangering unsupported youth1:12:47.

Rep. Laurel Lee (R-FL)0:51:27: Introduced the Promoting a Safe Internet for Minors Act (H.R. 6289) directing an FTC public-awareness campaign0:53:17; later spoke for COPPA 2.0, noting 95% of teens are on social media3:03:35.

Rep. Darren Soto (D-FL)0:55:54: Supported H.R. 6289, criticized the FTC operating with only three of five members after Trump's firings0:56:54; offered the Safer Gaming Act amendment lowering the covered age to under 16 and citing an 11-year-old assaulted via Roblox1:16:451:18:59.

Rep. Russ Fry (R-SC)0:59:57: Introduced the Kids Internet Safety Partnership Act with Rep. Landsman to build an evidence-based best-practices framework1:00:26.

Vice Chairman Craig Fitzgerald ("Mr. Falter") (R-)1:05:16: Introduced the Assessing Safety Tools for Parents and Minors Act, studying effectiveness of voluntary industry safety efforts1:05:46.

Rep. Kim Schrier / Rep. Andy Kim (D-NJ)1:07:341:09:58: Both spoke for Sammy's Law, named for Sammy Chapman, who died after buying a fentanyl-laced pill via Snapchat1:07:57; Kim cited that 1 in 4 young people see illicit drugs advertised on social media1:11:09.

Rep. Michael Cloud / "Mr. Kean" (R-NJ)1:19:31: Cosponsored the Safer Gaming Act amendment, citing nearly 70% of teens playing online games weekly with strangers and predators using shared interests to build trust1:20:29.

Rep. Craig Goldman (R-TX)1:39:48: Offered a substitute to H.R. 1623 modeled on Texas's age-verification law for explicit websites, upheld by the Supreme Court1:40:45.

Rep. (Dr. "Doctor Done", surgeon/Army veteran)1:43:10: Introduced the Safe Messaging for Kids (SMK) Act targeting ephemeral messaging and unsolicited contact, comparing disappearing messages to erased security-camera footage1:44:52.

Rep. John James (R-MI)1:48:22: Introduced the App Store Accountability Act amendment, citing 88% of parents wanting app-download approval1:50:08.

Rep. Jay Obernolte (R-CA)1:50:58: A former app developer, raised technical concerns about requiring age data collection even for apps with no inappropriate content and about creating repositories of minors' personal data1:52:141:56:32.

Rep. Kat Cammack (R-FL)2:00:38: Argued the App Store Freedom Act, absent from the markup, would let parents build a curated marketplace and cited an Apple engineer calling the App Store "the greatest platform for distributing porn of children"2:01:57.

Rep. Lori Trahan (D-MA)2:02:51: Pressed for the App Store Freedom Act to be taken up, called for antitrust enforcement against Apple/Google2:03:37; later offered and withdrew a national kids'-data opt-out amendment to the data broker bill, citing a Duke study finding service members' data sold for $0.12 per person2:34:07, and offered/withdrew a researcher safe-harbor amendment to KOSA2:57:00.

Rep. (Ms. Elise/"Horton") (D-)1:54:04: Co-led the Parents Over Platforms Act with Rep. Jake Auchincloss, citing 70% of parents wanting protections that continue after app download1:55:08.

Rep. Darren Soto / Rep. Derek Tran (D-CA)2:21:25: Urged prioritizing App Store Freedom Act, saying it "solves the problem" rather than being incremental2:23:21.

Rep. Kathy Castor (D-FL)2:42:16: Offered the KOSA substitute restoring a "duty of care," a stronger knowledge standard, and removing broad preemption, calling the underlying bill a "wink wink, nod nod" that grants Big Tech immunity2:43:292:47:58; withdrew the amendment after agreeing to keep working with the chair2:56:32; later opposed COPPA 2.0's preemption clause as a "betrayal" of prior bipartisan work3:08:13.

Rep. Salter (D-)2:54:09: Discussed preemption's effect on Florida's HB 3 social-media age law, urging that federal preemption match a strong duty-of-care standard2:54:31.

Key moments

Chairman Bilirakis said 95% of teenagers use social media and cited the death of 16-year-old McKenna Brown from cyberbullying as personal motivation for the markup0:17:320:18:02.

Rep. Pallone warned that broad preemption in KOSA/COPPA 2.0 would "wipe out existing state laws on the books" and could shut parents who lost children out of the courtroom0:29:30.

Rep. Evans said law enforcement seized 1.7 million counterfeit fentanyl pills and 12kg of powdered fentanyl near Denver last month — enough, he said, to kill 6.8 million people0:44:54.

Rep. Kat Cammack quoted an Apple safety engineer allegedly calling the App Store "the greatest platform for distributing porn of children," to argue the App Store Freedom Act should have been in the markup2:01:57.

Chairman Guthrie disputed suggestions that a meeting with Apple the day before influenced which bills were included, saying the App Store bill's absence "had nothing to do with" that meeting2:05:42.

On H.R. 6292 (Don't Sell Kids' Data Act), law enforcement groups (National Sheriffs' Association, Major County Sheriffs of America) objected that the bill lacked carve-outs for using data brokers in child-trafficking investigations; sponsors agreed to negotiate before full committee2:28:522:32:15.

Rep. Castor's KOSA substitute amendment — which would have added a duty of care, strengthened the knowledge standard, and removed broad preemption — was offered and then withdrawn after the chair committed to further negotiation2:42:162:56:32.

The KOSA substitute (H.R. 6484, as amended) passed the subcommittee on a roll-call vote of 13 ayes to 10 noes3:02:39.

COPPA 2.0 (H.R. 6291) passed 14 ayes to 10 noes on a recorded roll-call vote, with Democrats objecting to its preemption of state privacy and consumer-protection laws3:16:143:09:06.

Rep. Trahan cited a Duke University study finding foreign data brokers sold sensitive information on U.S. service members for as little as $0.12 per person, with almost no vetting2:34:07.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade
Chamber / CongressHouse · 119th Congress
Date2025-12-11
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript403 caption blocks · 27,634 words · 3:16:29 runtime
EventCongress.gov 118761