House Democrats Plan to Release Privacy Discussion Draft Next Week

House Democrats plan soon to release a draft privacy bill that tables areas of disagreement with Republicans like federal pre-emption and a private right of action, House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., told us. They have “solid agreement” with Republicans on several issues, Schakowsky said. “Some things will be bracketed that clearly aren’t agreed to, and hopefully a few parts that are not bracketed that are more likely to be agreed to.”

A Republican aide said ranking member Cathy McMorris Rodgers, R-Wash., isn’t formally endorsing the draft bill. It’s the product of bipartisan staff discussions over several months. McMorris Rodgers isn’t opposed, but it’s not a final text, the aide said.

“We want to work with the Democrats,” House Commerce Committee ranking member Greg Walden, R-Ore., told us. “I know we’re bracketing some things that are the big ones because we’re not ready to have those conversations. So there’s more work.”

Senate Commerce Committee privacy negotiations could be tabled in December, with the upper chamber preparing for an impeachment trial and competing priorities like appropriations, the C band and T band, Sen. Brian Schatz, D-Hawaii, told us. “I think the privacy conversation is on hold for the holidays, near as I can tell,” he said. “I just think there’s a sense that we’re going to come back and deal with impeachment” and appropriations.

Talks nonetheless continue between Senate Commerce Chairman Roger Wicker, R-Miss., and ranking member Maria Cantwell, D-Wash., Wicker told us. He noted others are talking independently. They include Sens. Jerry Moran, R-Kan., and Richard Blumenthal, D-Conn., plus Senate Majority Whip John Thune, R-S.D., and Schatz. Talks between the latter two aren’t “as defined,” Wicker said.

Moran told reporters he and Blumenthal reached agreement on a lot of legislative items, but not preemption and private right of action. “We can all say we’re 80 percent some place, but that doesn’t mean there’s a bill,” he said. “We need to find the appropriate way of dealing with” those two issues, which can be resolved.

A few lawmakers acknowledged California’s privacy law takes effect Jan. 1. Schatz said he’s not pleased California will be setting a quasi-standard. “I very much would have preferred if we had used the opportunity to make a federal law,” he said. Rep. Zoe Lofgren, D-Calif., referenced her legislation (see 1911050062) with Rep. Anna Eshoo, D-Calif., saying it’s an improvement from California’s law and EU’s general data protection regulation, so “we’ll see.”

Senate Banking Committee ranking member Sherrod Brown, D-Ohio, said he’s continuing to discuss privacy issues with Chairman Mike Crapo, R-Idaho, but they have other pressing committee priorities. Brown noted ongoing discussions between Cantwell and Wicker.

Rep. Kathy Castor, D-Fla., noted her role with House Democrats in helping to define the children’s privacy issues with the draft bill (see 1909060046). She’s eager to move privacy legislation. That's “overdue,” the legislator said: The goal is a bipartisan bill.