House AI Bill Omits Key Provisions, Complicates Senate Talks

The House Energy and Commerce Committee released a bipartisan children's online safety bill this week that could stall efforts to pass comprehensive AI and tech legislation in 2026. The proposal, backed by Chair Brett Guthrie (R-Ky.) and ranking member Frank Pallone (D-N.J.), takes a markedly different approach from Senate negotiations, creating new obstacles for lawmakers racing against a compressed legislative calendar.

Why it matters

The disconnect between House and Senate approaches reveals fundamental disagreements about federal tech regulation at a moment when the AI industry is pushing hard for uniform national standards. With only weeks remaining in the legislative session, these divisions could prevent any major tech policy from advancing—leaving states to continue crafting their own AI rules and prolonging uncertainty for companies operating across jurisdictions.

Key differences from Senate proposals

The House bill, called the Kids Internet and Digital Safety Act, notably excludes two provisions central to Senate negotiations. First, it does not impose a "duty of care" requirement that would compel social media platforms to design their services with children's safety as a priority consideration. Second, it contains no language preempting state AI laws—a top priority for technology companies seeking regulatory consistency.

These omissions put the House proposal at odds with a package Sen. Marsha Blackburn (R-Tenn.) is negotiating with the Trump administration. Blackburn's Kids Online Safety Act includes both the duty of care standard and provisions that could override some state AI regulations.

Senate Commerce Chair Ted Cruz (R-Texas) has also indicated plans to advance a kids' safety package in coming weeks that would include AI preemption language. The competing approaches have fractured what many hoped would be a unified push for tech legislation.

Senate pushback immediate

Senate Democrats rejected the House approach before the bill text was even released. Sen. Richard Blumenthal (D-Conn.), who co-sponsors the Senate's Kids Online Safety Act, called the House version a "toothless & tepid capitulation" that represents "a betrayal of families suffering from Big Tech's greed."

Blackburn said in a statement that removing the duty of care provision allows tech companies to continue "putting profit before the safety of our children."

The House bill does include other measures: restrictions on minors using disappearing messages, requirements for AI chatbots to disclose they are not human, and mandates for age verification on platforms hosting pornographic content. It also establishes minimum federal standards while allowing states to impose stricter protections—a reversal from an earlier version that limited state authority.

Industry and advocates divided

The proliferation of competing bills has complicated efforts to build consensus. Adam Kovacevich, CEO of tech industry group Chamber of Progress and a former Google executive, told reporters the situation has "a whiff of trying to do too many things." He questioned whether the industry would accept unfavorable trade-offs simply to secure federal AI standards.

Joseph Hoefer, chief AI officer at Monument Advocacy, noted that the House has now signaled "on a bipartisan basis, what it's actually willing to pass," effectively setting boundaries for negotiations.

Kids' safety advocates found a silver lining in the attention the various proposals are generating. Jon Schweppe, a senior adviser at the American Principles Project who attended a recent White House meeting on the issue, said the competing efforts mean "every couple days the odds of an actual kid safety package passing go up."

The House bill has backing from Speaker Mike Johnson, according to sources familiar with the negotiations—a significant development given Johnson blocked a vote on the Senate's Kids Online Safety Act during the previous Congress over censorship concerns related to the duty of care provision.

These details were first reported by Politico.