[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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