News

Innovation, Data, & Commerce Updates


Jul 9, 2024
Press Release

Vice Chair Armstrong Opening Remarks at FTC Budget Hearing

Washington D.C. — Energy and Commerce Committee Vice Chair Kelly Armstrong (R-ND) delivered the following opening remarks on behalf of House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) at today’s Innovation, Data, and Commerce Subcommittee hearing titled “ The Fiscal Year 2025 Federal Trade Commission Budget.”  “Thank you, Chair Bilirakis for your leadership. “Chair Khan, we appreciate you testifying today, along with Commissioners Slaughter and Bedoya. “And welcome to the newest additions to the Commission, Commissioners Holyoak and Ferguson. “We appreciate all of you being here today and for your service.” FTC REGULAR ORDER “Chair Khan, the last time you were here I expressed my serious reservations over the court cases you have lost, and some of the priorities you have unilaterally undertaken without clear review and purpose. “I know you and the FTC staff have a tough job. “With what we have seen from Big Tech during my time on this Committee, I certainly have my own concerns over how they abuse their power and how best to hold them accountable in order to protect Americans. “I continue to be concerned that the FTC’s court losses are degrading the agency’s effectiveness at a critical time when we are trying to modernize the Commission’s authority to better protect Americans online, something that will be a fixture of the FTC long after the tenure of you or your fellow commissioners. “The challenges we’re working to address need strong bipartisan collaboration and consensus. “That has always been my goal with Ranking Member Pallone, and it should be the goal at the FTC as well.” FTC MUST REMAIN INDEPENDENT “The FTC also must live up to its tradition of remaining independent from political influence. “Under this administration, we have seen time and again the FTC echoing the talking points of the White House. “Just last week, we saw President Biden blame higher costs for consumers on price gouging by companies, ignoring how his own policies have caused out of control inflation, leading to high costs across the board. “Meanwhile, this Subcommittee has been leading on several bipartisan solutions to address the root causes of increased costs by strengthening American supply chains and easing the barriers facing American businesses. “More can and must be done and we need the FTC to foster an environment that both protects consumers and allows businesses to grow and innovate. “Eliminating guardrails designed to prevent government overreach—like your removal of the longstanding phrase in the FTC mission statement 'without unduly burdening legitimate business activity' or violating due process laws and the intimidation of businesses—go against the FTC’s core mission as directed by Congress. “Chair Khan, the last time you appeared before us I asked you to convince us that the FTC’s core mission, to protect Americans, was not taking a backseat to the Biden administration’s radical agenda. “You were unable to do so. “I still remain committed to establishing the FTC as the preeminent data protection agency in the world, at the direction of Congress, but before that can happen critical guardrails must be established to prevent the agency from further abusing its power and making sure its transparent and accountable to the American people. “The FTC plays a critical role in protecting Americans, here at home and threats from abroad. “As you know, over a year ago I laid out the case directly to the CEO of TikTok for the harms that his company perpetrated against our national security, American liberties, and the privacy and online safety of our kids. Had comprehensive data privacy and security legislation been in place, you would have had the tools to enforce against TikTok and other Big Tech for violating Americans’ privacy rights. “These are goals that I know we share, and I hope that we can work together to achieve them.”



Jul 9, 2024
Hearings

Subcommittee Chair Bilirakis Opening Remarks at FTC Budget Hearing

Washington D.C. — House Energy and Commerce Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL) delivered the following opening remarks at today’s subcommittee hearing titled “The Fiscal Year 2025 Federal Trade Commission Budget.”  POLITICALIZATION OF FTC “Unlike last year, this hearing will feature the full slate of all five FTC Commissioners’ testimonies, and I want to welcome the two newest commissioners, Andrew Ferguson and Melissa Holyoak.  “Thank you both for serving and being here. I look forward to hearing how you plan to balance out the perspective and representation of the FTC as it protects consumers.  “Unfortunately, up until this year, the Commission has lost its balanced approach.  “Since being confirmed over three years ago, Chair Khan has taken an aggressive stance towards the use of its authorities, leading to internal discord.  “Employee staff morale fell from 83 percent in 2020 down to 53 percent last year. I’m afraid it has lost its roots as a well-respected bipartisan law enforcement agency focused on protecting against bad actors.  “Despite restraints on statutory authority, the FTC has plowed forward out of bounds with sweeping new rulemakings, attempting to create policy in the process.  “Most notably the Commission’s 'Commercial Surveillance and Data Security' Proposed Rulemaking is an overreach and raises significant legal concerns.”  FAILURE OF TRANSPARENCY “I was hopeful that today could be a new start, but I worry that releasing actions of the Commission less than two hours before this hearing commences is not a positive sign for transparency of the work you are engaged in.  “For instance, on pharmacy benefit managers, there is no way for either side of the dais here to analyze the interim report announced this morning, moreover, have a broader view on whether this means the Biden administration has failed to address this issue broadly at HHS.  “Commissioner Holyoak said it best: 'creating new law is the job of Congress, not the Federal Trade Commission.' Yet many of these proposed rules generously interpret existing statutory authorities in the broadest terms.  “This goes beyond the clear directives that Congress has provided. Chair Khan, I fear that your approach can cause severe damage to innovators who have become afraid of arbitrary and punitive actions by the FTC.  “These efforts, which erode public trust in the Commission, have not been successful in the courts.”  FTC MUST RETURN TO ITS MISSION “I want to reiterate what I made very clear in last year’s budget hearing—the existing charge and mission of the FTC is too important and must be prioritized.  “Every day, scam artists take advantage of seniors, children, and other unsuspecting Americans, defrauding them of billions of dollars.  “I want to ensure that the Commission is effectively using its existing authority to go after and hold these bad actors accountable, protecting Americans from deception and fraud.  “Nonetheless, this Committee has been hard at work on a bipartisan basis to provide new proportionate authorities for the Commission, this includes the Protecting Americans’ Data from Foreign Adversaries Act, as well as other bipartisan efforts like the Informing Consumers about Smart Devices Act , the No Hidden Fees on Extra Expenses for Stays Act , and the TICKET Act . “We are actively working towards bipartisan agreements on the American Privacy Rights Act to ensure we are providing one national privacy standard and protecting Americans’ data from being manipulated and abused without their consent, and the Kids Online Safety Act to safeguard our children from the online harms of Big Tech.  “I assure you this Subcommittee will continue to work together to support and protect consumers from harmful and deceptive practices.  “But in the process, you must regain our trust by ensuring any authority we provide will not be stretched and contorted to reach your desired result.   “I implore the Chair to work with ALL of the Commissioners, protect consumers from the real bad actors, and be faithful stewards of the law.  “I look forward to conducting this critical and necessary oversight and to hearing each of your testimonies.”



Jul 2, 2024
Hearings

Chairs Rodgers and Bilirakis Announce Subcommittee Budget Hearing with Federal Trade Commission

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) announced a hearing titled “The Fiscal Year 2025 Federal Trade Commission Budget.” “The Federal Trade Commission’s (FTC) mission is to ensure that it enhances consumer welfare without imposing undue burdens on business. We have been very clear over the last few years via hearings, letters, and legislation when we have seen a departure from that mission,” said Chairs Rodgers and Bilirakis. “After much delay, the FTC finally has five commissioners in place. We look forward to hearing from FTC Chairwoman Khan and the other four Commissioners on how to make sure the Commission stays focused on its mission of protecting the American people from actual harms and not getting distracted by ambiguous aims and theoretical goals.” Subcommittee on Innovation, Data, and Commerce hearing titled “The Fiscal Year 2025 Federal Trade Commission Budget.” WHAT: Subcommittee on Innovation, Data, and Commerce hearing to discuss President Biden’s FY 2025 budget request for the Federal Trade Commission. DATE: Tuesday, July 9, 2024 TIME: 10:30 AM ET LOCATION: 2322 Rayburn House Office Building WITNESSES:   The Honorable Lina M. Khan , Chair, Federal Trade Commission  The Honorable Rebecca Kelly Slaughter , Commissioner, Federal Trade Commission  The Honorable Alvaro Bedoya , Commissioner, Federal Trade Commission  The Honorable Melissa Holyoak , Commissioner, Federal Trade Commission  The Honorable Andrew N. Ferguson , Commissioner, Federal Trade Commission This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Alex Khlopin at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov



Jun 28, 2024
Press Release

Chair Rodgers Statement on SCOTUS Ruling to Restore Article I Power

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the United States Supreme Court struck down the “Chevron Deference” in Loper Bright Enterprises, et al. v. Raimondo : “Article I of the Constitution established Congress’s role to write the laws of the land—not the Executive Branch. The Supreme Court’s ruling today will help restore the proper balance of power as the Founders envisioned it. Moving forward, major decision-making authority will no longer automatically be deferred to unelected, unaccountable bureaucrats. Power has been placed back in the hands of the American people and their elected representatives, as the Constitution prescribes.” 



Chair Rodgers Statement on the American Privacy Rights Act

Washington D.C. —  House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement regarding the American Privacy Rights Act : “For every parent, for individual liberty, and for the future of this country, we will continue our pursuit to give Americans privacy rights online. “Everyone knows someone who has suffered because of the current state of the online ecosystem. It is happening with alarming frequency, especially to our children. The American people are exhausted, anxious, and losing hope with the status quo. “At its core, the massive commercial surveillance of data is fueling the problem. Nearly every data point imaginable is being collected on us with no accountability. They are using our data against us, sowing division, manipulating truth, and diminishing our personal identities. “We cannot continue down this path. The American people are asking Congress to step up and pass a privacy bill. It is foundational to our future and the next generation. “Today, I’m calling for all moms, dads, and freedom-loving Americans to join me in this fight."



Jun 26, 2024
Hearings

Chair Rodgers Opening Remarks at Budget Hearing with Commerce Secretary Raimondo

Washington D.C. —  House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Innovation, Data, and Commerce Subcommittee hearing titled “The Fiscal Year 2025 Department of Commerce Budget.” “Thank you, Chair Bilirakis. “I appreciate your continued leadership on so many issues important to this committee, many of which touch the Department of Commerce, like travel and tourism.   “And welcome back, Secretary Raimondo.   “We appreciate you being here and your cooperation with the Committee as we work to ensure America’s continued economic and technological leadership.  “This Committee plays a vital role in preserving and bolstering that leadership, which is currently being threatened by countries, like China.  “It’s critical that we work together to ensure that America is setting rules of the road for the technologies of tomorrow.   “In part, that requires that we make sure these technologies are developed here in the U.S. in an ecosystem that promotes America’s values   “As you know, this Committee has a rich history of bipartisanship, and we’ve worked this past Congress to advance U.S. priorities domestically and internationally.   “Your department plays a key role in implementing the policies we advance, from improving data privacy, to strengthening supply chains, to helping to build emerging technologies. “Those efforts are essential as we work towards our shared goals of winning the future and beating China.”  AMERICAN PRIVACY RIGHTS ACT    “Tomorrow this committee will markup the American Privacy Rights Act .     “This bipartisan legislation will not only give Americans the right to privacy and control over their data, but it will also benefit the Department of Commerce when representing American business interests on the world stage.     “According to the most recent data from the International Association of Privacy Professionals, almost 80 percent of developed countries have some form of comprehensive data privacy laws on the books, with one very notable exception—the U.S.   “This lack of comprehensive privacy protections puts us at a competitive disadvantage and prevents us from clearly articulating how to balance personal rights with promoting innovation.   “That’s especially true when dealing with allies in the European Union who can disproportionately influence outcomes through GDPR and other laws.   “These overly burdensome foreign regulations hamper innovation at the expense of Americans.   “Passing APRA will send a clear message to the world that we are serious about protecting our data and provides the opportunity to put our imprint on future international laws, like rules on cross-border data flow.     “If we fail to do this, adversaries will fill the void and weaken our leadership ability, as well as leave Americans’ information open to exploitation from them.”  AMERICAN LEADERSHIP IN AI AND CHIPS    “Getting APRA across the finish line is also essential to our shared goal of cementing U.S. leadership in artificial intelligence.  “Your goals to promote cutting edge semiconductor technology through the CHIPS program, as well as your efforts to promote AI safety, are not mutually exclusive.     “We need to ensure America is leading both in semiconductor and AI technology development.   “And that means fostering a healthy business environment, securing our supply chains, and streamlining—rather than restricting—permitting to secure the domestic supply of critical materials necessary for these technologies.     “Otherwise, we will cede our leadership in AI and other technologies of the future to China and others.   “Money and mandates are not enough.   “We must have an approach that fosters the culture of ingenuity and entrepreneurship America needs to move our country forward.   “This subcommittee has worked on several important solutions this past Congress that Chair Bilirakis alluded to.     “I hope that we can continue to move these priorities forward to improve the deployment of emerging technologies, encourage foreign investment into American companies, streamline permitting for our critical supply chains, and enhance our nation’s cybersecurity.   “We look forward to working with you on these efforts and continuing to build on the economic legacy that has made this country great.” 



Jun 26, 2024
Hearings

Chair Bilirakis Opening Remarks at Budget Hearing with Commerce Secretary Raimondo

Washington D.C. —  House Energy and Commerce Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) delivered the following opening remarks at today’s subcommittee  hearing  titled “The Fiscal Year 2025 Department of Commerce Budget.”  DEPARTMENT OF COMMERCE MUST STRENGTHEN U.S. COMPETITIVENESS “I would like to welcome everyone to today’s hearing where we will be examining and discussing the Department of Commerce’s Fiscal Year 2025 budget request.  “I want to thank Secretary Raimondo for appearing before us and look forward to conducting important Congressional oversight of this agency as we look to fund ways to strengthen our economy and compete on the global stage.  “This Committee has been active on both of these fronts.  “Last month, the House passed H.R. 6571, the Promoting Resilient Supply Chains Act, led by Reps. Bucshon and Blunt Rochester, which would establish a mapping program at the Department of Commerce to examine our supply chains to better prepare our economy for any future shocks that we may see.  “Monitoring these trends will help protect us from reliance on our nation’s enemies and instead help industries to adapt quickly.  “The Department would also be tasked with partnering with the private sector to better understand vulnerabilities in our supply chains, including supply chains for emerging technologies, and provide recommendations for promoting emerging technologies and making critical supply chains more resilient and closer to home.  “Secretary Raimondo, thank you for being here before us to discuss these issues.”  SECURING AMERICAN SUPPLY CHAINS   “I’m interested to hear from you on these supply chain issues, as well as the state of our country’s global competition with China, and the status of our travel and tourism sector.  “Last Congress, we worked on a bipartisan basis with Rep. Schakowsky to pass the Restoring Brand USA Act and the Visit America Act to ensure the U.S. remains a top destination for visitors around the globe, and that we have oversight mechanisms and a plan in place at Commerce to prepare the nation for the next decade in travel and tourism trends.  “I am concerned that the U.S. is starting to lag behind other top nations in the travel sector, and I look forward to discussing ways to modernize and advance our nation’s tourism priorities through your Department by reducing red tape and bureaucratic barriers and instead embrace the power of our private sector and our great local economies.”  ENABLING ENTREPRENEURSHIP IN EMERGING TECHNOLOGIES   “Lastly, I hope to be able to discuss the continued importance of American leadership in emerging technologies, such as blockchain, A.I., and quantum computing.  “Our Subcommittee has again conducted bipartisan work on these topics, including passing H.R. 6572, the Deploying American Blockchains Act, in May, which will direct the Department of Commerce to take action in promoting U.S. competitiveness in the deployment and use of blockchain technologies.  “We cannot cede American leadership in these fields, and it is critical that we continue to employ new strategies that let innovators thrive here in the United States.  “That also includes the critical infrastructure manufacturing necessary to develop these emerging technologies.  “Rep. Miller Meeks’ bill that we passed would do just that by finding pathways to increase our capacity for domestic manufacturing, reducing barriers to entry, and becoming less reliant on countries like China for critical components necessary for these innovations to continue.  “With all of these pieces of legislation I hope we can get those past the Senate and across the finish line to the President’s desk.  “Secretary Raimondo, I look forward to hearing from you about how we can align these goals, secure American leadership, reduce red tape for industry stakeholders—we cannot let a ‘top-down’ approach get in the way and hope that we can instead let the American innovative economy thrive.  “The Budget needs to reflect these key priorities without breaking the bank, and I am interested to hear your perspective.” 



Jun 25, 2024
Markups

Chair Rodgers Announces Full Committee Markup of 11 Bills

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today announced a Full Committee markup of 11 bills this Thursday, June 27.  “The Energy and Commerce Committee is continuing to deliver solutions for the American people. At this week’s markup, we will consider nearly a dozen bills, including legislation to establish a national data privacy and security standard for Americans, protect kids online, extend telehealth services for seniors, continue to incentivize important innovation for pediatric rare diseases, and repeal harmful regulations that are jeopardizing America’s economic and energy security, ” said Chair Rodgers. WHAT: A Full Committee markup of 11 bills. DATE: Thursday, June 27, 2024 TIME: 10:00 AM ET LOCATION: 2123 Rayburn House Office Building LEGISLATION TO BE CONSIDERED: H.R. 7188 , Shandra Eisenga Human Cell and Tissue Product Safety Act (Reps. Moolenaar and Dingell)  H.R. 3433 , Give Kids a Chance Act of 2024 (Reps. McCaul and Eshoo)  H.R. 670 , Think Differently Database Act (Reps. Molinaro and Sherrill)  H.R. 7623 , Telehealth Modernization Act of 2024 (Reps. Carter and Blunt Rochester)  H.J.Res. 163 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule” (Rep. Balderson)  H.J.Res. 136 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (Rep. James)  H.J.Res. 133 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3” (Rep. Fulcher)  H.J.Res. 117 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “Reconsideration of the National Ambient Air Quality Standards for Particulate Matter” (Rep. Allen)  H.R. 8818 , American Privacy Rights Act of 2024 (Reps. Rodgers, Pallone, Bilirakis, and Schakowsky)  H.R. 7891 , Kids Online Safety Act (Reps. Bilirakis, Bucshon, Castor, Houchin, and Schrier)  H.R. 8449 , AM Radio for Every Vehicle Act (Reps. Bilirakis and Pallone) This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Alex Khlopin with the Committee staff at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov and Christopher Krepich at Christopher.Krepich@mail.house.gov



Jun 24, 2024
Blog

Five Ways Your Data is Used to Surveil and Manipulate You

Big Tech is tracking your every move. From your conversations with friends and family that you thought were private, to your online searches across the internet and shopping history, and even your current location. Many of these companies are monetizing that data and weaponizing it to erode your agency, your rights, and your identity. Below are five ways Big Tech, data brokers, and other bad actors in the information ecosystem are collecting and exploiting your personal information: “A six-year span of internal Google reports, unearthed by 404 Media, exposes a troubling array of privacy breaches affecting everything from children's voice data to the home addresses of unsuspecting carpool users.”  […]  “This internal database, not previously exposed to the public eye, catalogs various incidents ranging from trivial mishaps—like an inadvertently sent email containing sensitive personal information—to major security lapses, including significant data leaks and even potential raids on Google’s own offices.”  […]  “This breach, which left sensitive data like geolocation information and IP addresses accessible via the platform’s page source, lingered undetected for more than a year, affecting numerous users, including children.” “Almost no one was surprised that Google Maps accessed location information, for example, but respondents had a strong negative reaction when they learned that the “Brightest Flashlight” app tracked their location, said Jason Hong, an associate professor at school.” […] “Of the top 100 Android apps, 56 collected location information, device identifiers and/or contact lists, according to the university’s research. Users, however, often had no idea such data was being collected or how it might be used.” “Every minute of every day, everywhere on the planet, dozens of companies—largely unregulated, little scrutinized—are logging the movements of tens of millions of people with mobile phones and storing the information in gigantic data files." […]  “If you could see the full trove, you might never use your phone the same way again." […]  “You’ve probably never heard of most of the companies—and yet to anyone who has access to this data, your life is an open book. ”  […]  “… this file represents just a small slice of what’s collected and sold every day by the location tracking industry— surveillance so omnipresent in our digital lives that it now seems impossible for anyone to avoid.”  […]  “Within America’s own representative democracy, citizens would surely rise up in outrage if the government attempted to mandate that every person above the age of 12 carry a tracking device that revealed their location 24 hours a day .”  […]  “Now, as the decade ends, tens of millions of Americans, including many children, find themselves carrying spies in their pockets during the day and leaving them beside their beds at night — even though the corporations that control their data are far less accountable than the government would be.”  […]  “In absence of a federal privacy law, the industry has largely relied on self-regulation.” “Facebook, for example, collects location-related information aside from your phone’s GPS. It still tracks where you are through IP addresses, ‘check-ins or events you attend.  “Twitter also ‘requires’ information about your current location, ‘which we get from signals such as your IP address or device settings.’ This is so it can ‘securely and reliably set up and maintain your account.’” […]  “… the data that dating app Tinder collects is shared with other members of the Match Group…”  […]  “Facebook even tracks what you do when you’re not signed into it – or when you don’t have an account.” “You know you have a credit score. Did you know that you might also have a driving score?”  […]  “‘ No one who realizes what they’re doing would consent ,’ said Kathleen Lomax, a New Jersey mother who recently canceled her subscription to Life360 when she found out this was happening.”  […]  “Insurers are also getting driving data directly from people’s cars.”  […]  “But any car with an internet connection, which most modern cars have, can send data back to the automaker.” The American Privacy Rights Act is Here to Help Most people are unaware about what happens with the data that is collected from them. Americans don’t trust Big Tech and other companies that are exploiting their personal data to target and manipulate people. The American Privacy Rights Act (APRA) is needed to give Americans a unified set of privacy rights.  The House Committee on Energy and Commerce, led by Chair Cathy McMorris Rodgers (R-WA), is fighting to ensure that Americans are protected from exploitation, including from Big Tech, data brokers, and other bad actors in the big data business. APRA creates a comprehensive, national data privacy standard to ensure that all Americans are protected.   APRA puts all Americans back in control of their personal data, protecting them and their kids. By minimizing the amount of data that can be collected, processed, retained, and transferred, Americans will have the right to control where their personal information goes and can ensure that Big Tech, data brokers, and other bad actors are held accountable.