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WASHINGTON — A newly announced bipartisan agreement within the U.S. House Committee on Energy and Commerce could move a proposed federal age-verification measure closer to a vote before the full House of Representatives. Even so, significant hurdles remain before the legislation could become law.
The proposal is part of the broader Kids Internet and Digital Safety (KIDS) Act, an omnibus package that combines several online safety measures. Included in that package is an updated version of the Shielding Children’s Retinas from Egregious Exposure on the Net (SCREEN) Act, which would establish nationwide age-verification requirements for adult websites.
When the committee first approved the KIDS Act in March, lawmakers voted along party lines, with Republicans backing the measure and Democrats opposing it. In an effort to improve the bill’s prospects on the House floor, committee Chairman Brett Guthrie and Ranking Member Frank Pallone Jr. worked together to negotiate revised language intended to attract broader support.
In a joint statement released Monday, the two lawmakers said, “We worked across the aisle for many months and have now found common ground on policies to significantly improve the digital environment for kids.”
The specific revisions have not yet been made public, though they are not expected to affect the age-verification provisions that would apply to adult websites. Much of the discussion surrounding the package has instead centered on another component, the Kids Online Safety Act (KOSA). Some Democrats have raised concerns about changes to language that previously would have imposed a “duty of care” obligation on social media platforms.
While support from the committee’s Republican and Democratic leaders strengthens the bill’s position, passage by the full House remains uncertain. Should the legislation advance to the Senate, disagreements over the “duty of care” provision could become a significant obstacle, as the Senate is considering a version of KOSA that retains that language.
If lawmakers from both chambers eventually negotiate a compromise between their differing versions of KOSA, the age-verification provisions contained within the KIDS Act could either remain part of the final legislation or be removed during the process.
Age-Verification Provisions in the KIDS Act
Roughly half of U.S. states currently have age-verification laws in place. If enacted, the federal requirements contained in the KIDS Act would supersede those state laws.
Title I of the legislation, titled “Shielding Minors From Obscenity,” would require adult websites to implement a “technology verification measure.” The bill defines that as technology that “(A) employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor; and (B) prevents access by minors to any sexual material harmful to minors on a covered platform.”
To meet the proposed requirements, websites or their third-party verification providers would need not only to verify users’ ages through such technology, but also take “reasonable measures” to prevent circumvention of those systems. The language appears aimed at addressing the use of virtual private networks, or VPNs, which are often used to bypass age-verification controls.
Violations of the proposed law would be treated as violations of the Federal Trade Commission Act’s prohibition on unfair or deceptive acts or practices. Companies found to be in violation could face civil penalties of up to $10,000 for each violation.
