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Illustration: Sarah Grillo/Axios

House Energy & Commerce Committee staff have negotiated a bipartisan discussion draft on federal privacy regulations and began asking industry and civil society groups to weigh in.

Why it matters: The draft, which staffers started circulating Wednesday, is a rare and potentially significant bipartisan step toward a national privacy law, a goal that's proven elusive despite strong, sustained interest from both parties. An effort in the Senate led to dueling Democratic and Republican takes on privacy.

Driving the news: Rep. Jan Schakowsky, who chairs the E&C consumer protection subcommittee, said the draft is meant to shift the burden of protecting privacy off consumers and onto companies and regulators.

  • It would establish a four-tier system in which companies face more restrictions based on whether they intend to use consumer data in a way that's consistent with consumer expectations.
  • For example, there would be fewer protections associated with Amazon using a customer's address and purchase information to ship a book and more restrictions on Amazon sharing book purchase information with a third party for marketing purposes.
  • The draft also empowers the FTC with the ability to issue fines for first-time offenses.
  • "I want to address the growing anxiety of consumers that they have become the product," Schakowksy said in an interview. "And their information — they feel they have no control over it. They don’t know where and who and what it’s being used for."

What it's missing: The draft doesn't address the issues of federal preemption of state laws or a so-called private right of action letting consumers sue companies over privacy screw-ups. Those issues have divided Republicans and Democrats, contributing to the splintering of the Senate effort.

  • Schakowsky said preemption will be handled toward the end of the legislative process. "If we have the most robust bill in the world so far, then we can have that conversation."
  • The draft also would create a new Bureau of Privacy within the FTC, rather than creating a new federal agency to police privacy, as some Democrats have proposed.

What's next: The deadline for feedback on the draft is Jan. 24. Schakowsky said she is committed to doing a bill next year.

  • "I think the bill will be the E&C bill," she said. "It’s the only one where we really have bipartisanship that is really comprehensive."

Yes, but: Staff cautioned the draft "does not necessarily represent the policy positions of Members" in the request for feedback from outside parties.

  • A Republican committee spokesperson said, "We know we need clear rules of the road and one national privacy standard. We are now at the next step of our deliberative process—sharing the draft with stakeholders, and we look forward to working with them going forward.”

Go deeper

Blockbuster Supreme Court day

Photo: Drew Angerer/Getty Images

The Supreme Court will give conservatives a lot of what they want — but not quite everything.

Driving the news: It voted 9-0 to carve out religious objections to same-sex marriage, saying foster-care agencies have a First Amendment right to turn away same-sex couples. But it also voted 7-2 to preserve the Affordable Care Act, saying Republican attorneys general did not have the legal standing to bring their lawsuit.

Biden signs bill making Juneteenth a federal holiday

President Biden and Vice President Harris with members of Congress after the signing in the White House on June 17. Photo: Jim Watson/AFP via Getty Images

"Great nations don't ignore their most painful moments," President Biden said before signing legislation Thursday that establishes Juneteenth as a federal holiday, just two days before the occasion.

Why it matters: The holiday, which will be known as Juneteenth National Independence Day, is now the 11th annual federal holiday and the first one established since the creation of Martin Luther King Jr. Day in 1983.

Dan Primack, author of Pro Rata
1 hour ago - Podcasts

House antitrust chair discusses the bills to bust up Big Tech

House lawmakers last week introduced a series of five bipartisan bills designed to curb the power of Big Tech, targeting Apple, Amazon, Facebook and Google in all but name.

Axios Re:Cap speaks with Rep. David Cicilline (D-R.I.), chair of the House antitrust committee and a sponsor on most of the bills, to learn how he plans to get these measures over the finish line. The congressman from Rhode Island also faces a slate of other priorities and in the wake of a spending package to bolster the U.S. tech sector’s ability to compete with China.