House Commerce Committee Passes Take It Down Act 49-1
The House Commerce Committee on Tuesday passed the Take It Down Act on a 49-1 vote. Democrats failed to attach the Kids Online Safety Act and language that would restore two fired Democratic commissioners at the FTC.
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Ranking member Frank Pallone, D-N.J., criticized Republicans for “categorically refusing” to amend the Take It Down Act (HR-633). Chairman Brett Guthrie, R-Ky., said voting on the Senate-passed version of the bill means it could receive a House vote shortly after Congress returns from Easter break. The House leaves Thursday and returns April 28.
HR-633 passed the Senate unanimously and has the support of President Donald Trump and First Lady Melania Trump. Rep. Yvette Clarke, D-N.Y., voted against the bill Tuesday, speaking critically of the administration broadly and Trump’s recent firings at the FTC (see 2503270056).
Democrats said that while they support the Take It Down Act, there are broader issues like kids privacy that need addressing. Rep. Kathy Castor, D-Fla., filed an amendment to attach KOSA to the bill, which failed on a 20-31 vote.
Castor in 2024 introduced KOSA with Rep. Gus Bilirakis, R-Fla. Bilirakis said that while passing KOSA is his “top priority,” Tuesday’s markup wasn’t the right “time or place” to seek passage. KOSA language would “kill” the Take It Down Act, he said: It isn’t “ready yet.” Castor accused House Speaker Mike Johnson, R-La., and House Majority Leader Steve Scalise, R-La., of killing KOSA in 2024.
Rep. Darren Soto, D-Fla., filed an unsuccessful amendment that would have conditioned the effective date for HR-633 on the reinstatement of FTC Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya. The amendment failed 22-28.
Pallone said Republicans want to give the impression they’re acting on children’s privacy, while turning a blind eye to Trump undermining the FTC’s consumer protection mission. Pallone expressed skepticism for final passage given House Republican leadership’s opposition to KOSA and COPPA 2.0 in 2024. He called the Soto measure a “crucial” amendment for ensuring the FTC is effective in enforcing the new law.
Guthrie said he’s received a commitment from Johnson and Scalise that any bills passed Tuesday will receive floor time.
Rep. Lori Trahan, D-Mass., said there are broader issues for Congress to address, including comprehensive and children’s privacy legislation. She cited concerns from privacy advocates over the Take It Down Act’s potential impact on encrypted messaging. The bill should make clear that it doesn’t apply to messaging platforms providing private channels for communication, said Trahan. She said she supports criminalizing sharing of non-consensual intimate imagery, but encrypted messaging services shouldn’t be compromised.