[Congressional Record Volume 168, Number 78 (Tuesday, May 10, 2022)]
[House]
[Pages H4728-H4729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING DIGITAL PRIVACY TECHNOLOGIES ACT
Ms. STEVENS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 847) to support research on privacy enhancing technologies
and promote responsible data use, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 847
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Digital Privacy
Technologies Act''.
SEC. 2. DEFINITION OF PRIVACY ENHANCING TECHNOLOGY.
In this Act, the term ``privacy enhancing technology''--
(1) means any software or hardware solution, technical
process, or other technological means of mitigating
individuals' privacy risks arising from data processing by
enhancing predictability, manageability, disassociability,
and confidentiality; and
(2) may include--
(A) cryptographic techniques for facilitating computation
or analysis on data while mitigating privacy risks;
(B) techniques for publicly sharing data without enabling
inferences to be made about specific individuals;
(C) techniques for giving individuals' control over the
dissemination, sharing, and use of their data;
(D) techniques for generating synthetic data; and
(E) any other technology or approach that reduces the risk
of re-identification, including when combined with other
information.
SEC. 3. NATIONAL SCIENCE FOUNDATION SUPPORT OF RESEARCH ON
PRIVACY ENHANCING TECHNOLOGY.
The Director of the National Science Foundation, in
consultation with other relevant Federal agencies (as
determined by the Director), shall support merit-reviewed and
competitively awarded research on privacy enhancing
technologies, which may include--
(1) fundamental research on technologies for de-
identification, pseudonymization, anonymization, or
obfuscation to mitigate individuals' privacy risks in data
sets while maintaining fairness, accuracy, and efficiency;
(2) fundamental research on algorithms and other similar
mathematical tools used to protect individual privacy when
collecting, storing, sharing, analyzing, or aggregating data;
(3) fundamental research on technologies that promote data
minimization in data collection, sharing, and analytics that
takes into account the trade-offs between the data
minimization goals and the informational goals of data
collection;
(4) research awards on privacy enhancing technologies
coordinated with other relevant Federal agencies and
programs;
(5) supporting education and workforce training research
and development activities, including re-training and
upskilling of the existing workforce, to grow the number of
privacy enhancing technology researchers and practitioners;
(6) multidisciplinary socio-technical research that fosters
broader understanding of privacy preferences, requirements,
and human behavior to inform the design and adoption of
effective privacy solutions;
(7) development of freely available privacy enhancing
technology software libraries, platforms, and applications;
and
(8) fundamental research on techniques that may undermine
the protections provided by privacy enhancing technologies,
the limitations of the protections provided by privacy
enhancing technologies, and the trade-offs between privacy
and utility required for their deployment.
SEC. 4. INTEGRATION INTO THE COMPUTER AND NETWORK SECURITY
PROGRAM.
Subparagraph (D) of section 4(a)(1) of the Cyber Security
Research and Development Act (15 U.S.C. 7403(a)(1)(D)) is
amended to read as follows:
``(D) privacy and confidentiality, including privacy
enhancing technologies;''.
SEC. 5. COORDINATION WITH THE NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY AND OTHER STAKEHOLDERS.
(a) In General.--The Director of the Office of Science and
Technology Policy, acting through the Networking and
Information Technology Research and Development Program,
shall coordinate with the Director of the National Science
Foundation, the Director of the National Institute of
Standards and Technology, the Federal Trade Commission, and
the heads of other Federal agencies, as appropriate, to
accelerate the development, deployment, and adoption of
privacy enhancing technologies.
(b) Outreach.--The Director of the National Institute of
Standards and Technology shall conduct outreach to--
(1) receive input from private, public, and academic
stakeholders on the development of privacy enhancing
technologies; and
(2) facilitate and support ongoing public and private
sector engagement to inform the development and dissemination
of voluntary, consensus-based technical standards,
guidelines, methodologies, procedures, and processes to cost-
effectively increase the integration of privacy enhancing
technologies in data collection, sharing, and analytics
performed by the public and private sectors.
SEC. 6. REPORT ON PRIVACY ENHANCING TECHNOLOGY RESEARCH.
Not later than 3 years after the date of enactment of this
Act, the Director of the Office of Science and Technology
Policy, acting through the Networking and Information
Technology Research and Development Program, shall, in
coordination with the Director of the National Science
Foundation, the Director of the National Institute of
Standards and Technology, and the heads of other Federal
agencies, as appropriate, submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the Senate,
the Committee on Science, Space, and Technology of the House
of Representatives, and the Subcommittee on Commerce,
Justice, Science, and Related Agencies of the Committee on
Appropriations of the House of Representatives, a report
containing--
(1) the progress of research on privacy enhancing
technologies;
(2) the progress of the development of voluntary resources
described under section 5(b)(2); and
(3) any policy recommendations that could facilitate and
improve communication and coordination between the private
sector and relevant Federal agencies for the implementation
and adoption of privacy enhancing technologies.
SEC. 7. PROTECTING PERSONAL IDENTIFYING INFORMATION.
Any personal identifying information collected or stored
through the activities authorized in this Act shall be done
in accordance with section 690 of title 45, Code of Federal
Regulations (relating to the protection of human subjects),
or any successor regulation.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Michigan (Ms. Stevens) and the gentlewoman from Oklahoma (Mrs. Bice)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan.
General Leave
Ms. STEVENS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 847, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Ms. STEVENS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 847, the Promoting
Digital Privacy Technologies Act.
The 21st century has ushered in the era of hyper-internet
utilization, the gig economy of nearly everything.
Americans are online. Practically any digital action that internet
users take--from social media to shopping online to browsing news or
using email--creates data that is stored by companies or organizations.
More and more data about each of us is being generated faster and
faster each day. In fact, 2.5 quintillion bytes of data are generated
nearly every day. Ninety percent of the world's data was created in
just the last 2 years alone.
Companies can use, share, or sell data they collect since most of the
data economy is invisible--Americans are not able to see this constant
flow of their information, but the more modern digital economy is
fueled by personal data.
Unfortunately, there are few processes that can enable the productive
use of personal data while also protecting the privacy and
confidentiality of the people to whom that data is linked.
A 2019 survey by the National Telecommunications and Information
Administration found that 73 percent of U.S. households have
significant concerns about online privacy and security risks. I hear it
from my own constituents all throughout Oakland County, Michigan.
There are tremendous opportunities to capture the benefits of data,
including for safer roads, improved public health, and better
educational outcomes. However, in any use of personal data, we have the
ability and the necessity to ensure privacy and confidentiality. Form
and function, my friends. One key way to achieve that is through the
development of the privacy-enhancing technologies, or PETs.
PETs are a broad range of technologies that allow organizations to
collect, share, and use data while mitigating the privacy risks that
arise from those activities. The goal is to make these systems that use
personal information private by default, opening up those data to a
wide range of researchers who would otherwise not have access.
[[Page H4729]]
These technologies have the potential to enable broader use of
Federal data sets, as privacy risks are often the greatest barrier to
open government data efforts. We recognize the untapped potential and
opportunity for the United States of America to lead here. The
technology itself for PETs is still immature and not necessarily ready
for widespread use.
My bill, H.R. 847, the Promoting Digital Privacy Technologies Act,
supports research, workforce development, standard setting, and
government coordination for PETs.
H.R. 847 directs the National Science Foundation to conduct
fundamental privacy research that can help improve these technologies,
assess their limitations, and broaden their applicability. This bill
also directs the National Science Foundation to support workforce
development activities in order to help address the growing shortage of
privacy professionals across the United States of America.
H.R. 847 also supports activities at the National Institute of
Standards and Technology to facilitate the development of standards and
best practices for integration of PETs in the public and private
sectors. This is the best of government in action, my friends.
Finally, H.R. 847 directs the White House Office of Science and
Technology Policy to coordinate Federal activities to accelerate the
development of PETs across government.
Congress has been debating different proposals for privacy
legislation, as we know, for many, many years. I remain hopeful and
optimistic that we will get something done. In the meantime, the
Promoting Digital Privacy Technologies Act will help ensure that we
have the necessary tools to fully implement privacy legislation without
stifling innovation. It is high time that we research ways in which
privacy-enhancing technologies can be utilized to protect Americans'
most sensitive and personal data.
{time} 1430
I also thank my colleagues--this has been a bipartisan effort--
Congressman Anthony Gonzalez, as well as Senator Catherine Cortez Masto
and Senator Deb Fischer, for working with me to develop this
legislation last year. I also thank our stakeholders whose feedback
helped strengthen this bill.
Mr. Speaker, I urge my colleagues to support H.R. 847, and I reserve
the balance of my time.
Mrs. BICE of Oklahoma. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 847, the Promoting Digital
Privacy Technologies Act. This legislation supports research activities
to advance innovative technologies to safeguard individuals' privacy.
As Americans have moved more and more of their lives online,
especially during the pandemic, it has also resulted in more digital
consumer data and personal information being generated than ever
before.
This personal information has long been a target for cybercriminals,
and it has only worsened over the pandemic. According to the Federal
Trade Commission, identify theft increased by almost 3,000 percent over
the past year. This problem is exacerbated by the failure of some
companies to properly safeguard consumer data.
This data is a valuable asset. In 2017 ``The Economist'' claimed data
is now the world's most valuable resource. When safely utilized, it can
do a great deal to spur our economy and support innovations like
artificial intelligence and machine learning. Our task is to ensure
this resource doesn't fall into the hands of bad actors, putting
Americans' private information at risk.
Privacy Enhancing Technologies, PETs, may be part of the solution.
PETs utilize cryptography and statistics to minimize the amount of
personally identifiable information while ensuring the data sets are
still usable. However, more research is needed to understand PETs'
applicability and to encourage further development and adoption.
This bill requires the National Science Foundation to support
fundamental research into PETs, the mathematics that is the foundation
of PETs, and additional technologies that promote data minimization
principles. The legislation also directs NIST to work with stakeholders
to develop voluntary consensus standards for incorporating these
technologies into Federal and commercial applications.
I thank Chairwoman Stevens and Representative Gonzalez for leading
this very important legislation. I encourage my colleagues to support
this bill.
In closing, Mr. Speaker, while the data revolution offers an
opportunity to solve many of the world's grand challenges, we must also
ensure these innovations don't put Americans' private information at
risk. By supporting further research on privacy-enhancing technologies
through this legislation, we are taking important steps to strengthen
consumer privacy while enabling the use of consumer data.
Mr. Speaker, I encourage my colleagues to vote ``yes'' on this bill,
and I yield back the balance of my time.
Ms. STEVENS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I join my colleague in encouraging Members of this
legislative body to support H.R. 847. I recognize that privacy-
enhancing technologies are an innovation opportunity for the United
States of America. The role that the National Institute of Standards
and Technology will play with this legislation will convene industry
stakeholders and nonprofit groups to a standard set, which is certainly
welcome by many, and will also ensure us the ability to continue to
succeed and compete in years to come.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Michigan (Ms. Stevens) that the House suspend the
rules and pass the bill, H.R. 847, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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