[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] EXPOSURE NOTIFICATION AND CONTACT TRACING: HOW AI HELPS LOCALITIES REOPEN SAFELY AND RESEARCHERS FIND A CURE ======================================================================= VIRTUAL HEARING BEFORE THE TASK FORCE ON ARTIFICIAL INTELLIGENCE OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ JULY 8, 2020 __________ Printed for the use of the Committee on Financial Services Serial No. 116-101 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ______ U.S. GOVERNMENT PUBLISHING OFFICE 43-194 PDF WASHINGTON : 2021 HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California ANN WAGNER, Missouri GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri SEAN P. DUFFY, Wisconsin ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANDY BARR, Kentucky BILL FOSTER, Illinois SCOTT TIPTON, Colorado JOYCE BEATTY, Ohio ROGER WILLIAMS, Texas DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York VICENTE GONZALEZ, Texas BARRY LOUDERMILK, Georgia AL LAWSON, Florida ALEXANDER X. MOONEY, West Virginia MICHAEL SAN NICOLAS, Guam WARREN DAVIDSON, Ohio RASHIDA TLAIB, Michigan TED BUDD, North Carolina KATIE PORTER, California DAVID KUSTOFF, Tennessee CINDY AXNE, Iowa TREY HOLLINGSWORTH, Indiana SEAN CASTEN, Illinois ANTHONY GONZALEZ, Ohio AYANNA PRESSLEY, Massachusetts JOHN ROSE, Tennessee BEN McADAMS, Utah BRYAN STEIL, Wisconsin ALEXANDRIA OCASIO-CORTEZ, New York LANCE GOODEN, Texas JENNIFER WEXTON, Virginia DENVER RIGGLEMAN, Virginia STEPHEN F. LYNCH, Massachusetts WILLIAM TIMMONS, South Carolina TULSI GABBARD, Hawaii VAN TAYLOR, Texas ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director TASK FORCE ON ARTIFICIAL INTELLIGENCE BILL FOSTER, Illinois, Chairman EMANUEL CLEAVER, Missouri BARRY LOUDERMILK, Georgia, Ranking KATIE PORTER, California Member SEAN CASTEN, Illinois TED BUDD, North Carolina ALMA ADAMS, North Carolina TREY HOLLINGSWORTH, Indiana SYLVIA GARCIA, Texas DENVER RIGGLEMAN, Virginia DEAN PHILLIPS, Minnesota VAN TAYLOR, Texas ANTHONY GONZALEZ, Ohio C O N T E N T S ---------- Page Hearing held on: July 8, 2020................................................. 1 Appendix: July 8, 2020................................................. 29 WITNESSES Wednesday, July 8, 2020 Kuppalli, Krutika, Infectious Diseases and Global Health Physician...................................................... 7 McClendon, Brian, CEO, CVKey Project............................. 5 Perry, Andre M., Fellow, Metropolitan Policy Program, the Brookings Institution.......................................... 8 Raskar, Ramesh, Associate Professor, MIT, and Founder and Chief Scientist, PathCheck Foundation................................ 10 APPENDIX Prepared statements: Kuppalli, Krutika............................................ 30 McClendon, Brian............................................. 49 Perry, Andre M............................................... 53 Raskar, Ramesh............................................... 61 EXPOSURE NOTIFICATION AND CONTACT TRACING: HOW AI HELPS LOCALITIES REOPEN SAFELY AND RESEARCHERS FIND A CURE ---------- Wednesday, July 8, 2020 U.S. House of Representatives, Task Force on Artificial Intelligence, Committee on Financial Services, Washington, D.C. The task force met, pursuant to notice, at 12 p.m., via Webex, Hon. Bill Foster [chairman of the task force] presiding. Members present: Representatives Foster, Porter, Casten, Adams, Garcia of Texas; Loudermilk, Budd, Hollingsworth, Taylor, and Gonzalez of Ohio. Ex officio present: Representative Waters. Also present: Representative Himes. Chairman Foster. The Task Force on Artificial Intelligence will now come to order. Without objection, the Chair is authorized to declare a recess of the task force at any time. Also, without objection, members of the full Financial Services Committee who are not members of this task force are authorized to participate in today's hearing. Members are reminded to keep their video function on at all times, even when they are not being recognized by the Chair. Members are also responsible for muting and unmuting themselves, and for muting themselves after they have finished speaking. Consistent with regulations accompanying H. Res 965, staff will only mute members and witnesses as appropriate when not being recognized by the Chair to avoid inadvertent background noise. Also, all House Rules related to order and decorum apply to this remote hearing. Today's hearing is entitled, ``Exposure Notification and Contact Tracing: How AI Helps Localities Reopen Safely and Researchers Find a Cure.'' I will now recognize myself for 4 minutes to give an opening statement. Good morning. Today's hearing will focus on the essential tradeoff incumbent upon us to make between life, liberty, privacy, and the pursuit of happiness. And the role that technology, financial transaction data, contact tracing apps, and artificial intelligence, in particular, may be able to play to improve that essential tradeoff. And there will be a tradeoff. Americans have come to see privacy as an essential part of liberty, and the tradeoffs between privacy and State interests are something that we struggle with continually on the Financial Services Committee. If one's only concern were life and the pursuit of happiness, and crushing the COVID-19 virus as quickly as possible, one can imagine setting up a dystopian surveillance state where every credit card purchase, every web search query, and the exact locations of every cell phone were continuously monitored, and where AI-powered facial recognition cameras would record one's every move, and not only when you are buying groceries at Whole Foods, but everywhere you went. This would be an epidemiologist's dream and would likely allow whatever country implemented that to very rapidly crush the coronavirus pandemic. Whenever someone tested positive, their credit card purchases, their cell phone data, all of their financial data, and other data would be immediately analyzed. And, in fact, some press reports indicate that Korea, an otherwise apparently free country, finds credit card data to be a key component in effective contact tracing. This aggressive approach would allow for faster scientific understanding of the spreading mechanisms as well. AI learning algorithms might rapidly learn that you are, for example, much more likely to spread the disease if you happen to buy three beers at the bar than if you bought only one. And cell phone location data would indicate to whom you were likely to have spread it. Such an AI-enabled pandemic surveillance state would correctly identify in real-time, for example, that superspreader individuals almost never wore masks in public. And that churches and sports events were especially dangerous places to congregate. But a surveillance state like that would automatically warn Black Lives Matter protesters to disburse, and there are a huge number of worries along those lines. And this is not science fiction. It is essentially the same technology that has protesters in Hong Kong fighting for their liberty. Such surveillance societies might well save lives and maximize life, and arguably, even part of the pursuit of happiness, and perhaps it would even maximize economic liberty by opening our economy sooner, but this would come at a tremendous cost to individual privacy and liberty. The tradeoffs that we make responding to COVID-19 have real financial and economic impacts. A recent study by Goldman Sachs quantified the tradeoff between mandatory masking policies, which are unquestionably an infringement on personal liberty, and economic growth. They found, unsurprisingly to scientists, that mandatory masking policies have a negative impact on the spread of COVID-19 but a positive impact on economic growth. This allowed countries with mandatory masking policies to reopen their economies sooner, while maintaining acceptable COVID-19 infection rates, thereby successfully, in that case, trading off the loss of liberty for mandatory masking for an increase in economic liberty from early reopening of their retail economy. Contact tracing apps together with back-end AI that combines the raw data from cell phone tracking in various forms with other data sources, including financial data that COVID- positive patients might opt into on a voluntary basis, has the potential to capture some of the health and economic benefits of much more intrusive [inaudible] Privacy for those who opt in. At this hearing, we have expert practitioners experienced in the development of privacy-preserving contact tracing software in real-life tracing in pandemic situations and reducing discrimination in technology. So, I look forward to hearing from our witnesses, and I now recognize the ranking member of the subcommittee, Mr. Loudermilk, for 5 minutes. Mr. Loudermilk. Thank you, Mr. Chairman. And a special thank you to our witnesses for being part of this hearing today. Today, we will discuss how local, State, and Federal Governments, as well as businesses, schools, and other organizations can take advantage of modern technology to help [inaudible] Technology could be useful is in contact tracing. The manual method of contact tracing involves public health officials speaking with individuals who have the virus to identify people with whom they had close contact during the time they have been infectious, notifying those people of their exposure and referring them for testing. In a nation with about 330 million people, it is difficult to do manual contact tracing on a mass scale. However, there are encouraging technologies that can enable contact tracing to be done with smartphones, including Bluetooth or other location data to track peoples' movements and match them to the movements of others who have been exposed to the virus. In order for digital contact tracing to work, it must have strong participation from citizens. Experts estimate that 40 to 60 percent of the population in a given area would need to participate in a contact tracing system for it to be effective. This means in the United States, where participation and contact tracing is voluntary, and should be, and is handled primarily by State and local public health officials, citizens will need to trust the apps that they are using and feel confident their privacy will not be violated. In order to have that trust, it is critical that citizens understand what data will be collected, who will have access to the data, and how the data will be used. [inaudible] For digital contact tracing have been low in the United States and in other parts of the world. Recent polling indicates that about two-thirds of Americans would not trust a contact tracing app developed by a Big Tech company or the Federal Government. And in some European countries where their federal government has released a contact tracing app, less than 3 percent of the population is using the app. Some authoritarian countries, like China, have increased participation by making contact tracing apps mandatory and have used digital payments and social media platforms to track citizens' movements. Needless to say, that will not and should not happen in the United States. Given that privacy will be paramount, a major limiting factor in our ability to implement nationwide digital contact tracing is that we do not have a Federal consumer data privacy law, nor do we have a national data security and breach notification standard. Contact tracing is operating under a patchwork of State laws, and the circumstances we are dealing with today only increase the need for a national standard. Committee Republicans have been working diligently to develop a consumer data privacy proposal without a national consumer data privacy protection law. This issue is best left up to the States. Another limiting factor is that the accuracy of digital contact tracing apps has been questionable and could result in false positives or false negatives. The CDC stated in its guidelines that more data is needed to assess the true public health value of digital contact tracing. Criminals have also been posing as contact tracers to ask consumers to share their Social Security numbers or bank account numbers, which can subject consumers to fraud and further reduce the public's trust in contact tracing. Another challenge is that low-income and homeless individuals who have been disproportionately affected by the virus often do not have a smartphone, which limits the effectiveness of digital contact tracing in those populations. While these are important topics to address, they generally are not Financial Services Committee issues. It is best to have the appropriate committee address them, and the Energy and Commerce Committee will have a hearing on some of these issues tomorrow. I look forward to hearing from our witnesses, and I yield back. Chairman Foster. Thank you. The Chair will now recognize the Chair of the Full Committee, Chairwoman Waters. Chairwoman Waters. Thank you very much, Chairman Foster. I thank you for holding this hearing. Containing and preventing the further spread of the coronavirus is essential to protecting our economy. While last week's employment figures demonstrated a slight rebound, the number of coronavirus cases is sharply increasing, and State reopenings have halted or reversed. Contact tracing and limiting the period of the coronavirus is critical for all aspects of our economy, including financial institutions that may bring workers back to the workplace. I look forward to hearing our expert panel discuss how artificial intelligence and other technologies can be used in an inclusive manner to help contain the coronavirus, and ultimately, keep people safe. I want to thank you, and I yield back the balance of my time. Chairman Foster. Thank you. Today, we welcome the testimony of, first, Brian McClendon, the CEO and co-founder of the CVKey project, which is building a suite of privacy-first open-source applications to help communities reopen responsibly without compromising privacy. Previously, he was vice president and co-founder of Google Earth and Street View and vice president of mapping at Uber. Second, Dr. Krutika Kuppalli, an infectious diseases physician, who has previously worked on the front lines of various humanitarian responses, including the 2014 West Africa Ebola outbreak and the current DRC Ebola outbreak and novel coronavirus outbreak. Third, Andre M. Perry, a fellow at the Metropolitan Policy Program of the Brookings Institution, whose research is focused on race, structural inequality, education, economic inclusion, and, since the onset of the COVID-19 pandemic, the underlying causes of the outsized number of coronavirus-related deaths in Black communities. And finally, Ramesh Raskar, a professor at MIT Media Lab, where he focuses on machine learning and imaging for health and sustainability. He is also the founder of the PathCheck Foundation, a global nonprofit, building open-source software and standards for digital contact tracing and exposure notification to stop COVID-19. Witnesses are reminded that your oral testimony will be limited to 5 minutes. A chime will go off at the end of your time, and I ask that you respect the Members' and other witnesses' time by wrapping up your oral testimony as scheduled. And without objection, your written statements will be made a part of the record. Mr. McClendon, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF BRIAN MCCLENDON, CEO, CVKEY PROJECT Mr. McClendon. Chairman Foster, Ranking Member Loudermilk, and members of the task force, my name is Brian McClendon, and I am the CEO of CVKey Project, and also a research professor at the University of Kansas. Previously, I spent 10 years leading the teams that built Google Maps and Google Earth, Street View, and many other georelated services. Thank you for giving me the chance to speak before the task force today. In my testimony I will describe how privacy, disclosure, and opt-in data collection impact our ability to identify, locate, and isolate those who have been exposed to or infected by COVID-19. CVKey Project is a 501(c)(3) focused on helping America reopen responsibly given the ongoing pandemic. Together with my team of world-class engineers and product developers, we built that user data privacy into a key app called CVKey, and we are focused on getting that adopted around the country today. It focuses on individual symptom checking, policy communications across communities, and access control into venues such as universities, workplaces, and schools. As we have recently seen in the media, there is a significant need to improve communication of policies if we hope to operate at anywhere near close to normal for the next 18 months. Artificial intelligence and machine learning require large amounts of data collection for training purposes. This ground truth data helps algorithms figure out how to make better predictions. The most valuable data to combat COVID-19 can actually be found in the contact tracing interviews of infected and exposed people. Early detection, reporting, and testing leads to quick self-isolation and quarantine, and can shut down the spread of the virus faster than any other method, but only if it is resourced sufficiently and executed well. The phone calls that contact tracers make are often not answered because most people don't pick up from unknown numbers these days. When the contact tracer does reach a potential case, they have to make a decision about whether to ask the person to quarantine based on what they learn [inaudible] Information from the infected or exposed, the virus is quietly spreading. What exposure notification apps provide is a way to use cell phone data to detect after the fact whether you are near someone who later tests positive for COVID-19 by notifying you and informing you of next steps, which are usually to contact the contact tracing team or get tested or quarantined. These new apps offer a way to help contact tracing scale with less effort, more accuracy, and more coverage than is otherwise possible. There are two ways, at least, to do this. The first is using GPS information logs to compare where the infected person was relative to everyone else. The first problem with this is that GPS locations are not accurate enough [inaudible] For 10 minutes. The other, more serious problem with location data is it contains personally identifiable information that can be impossible to algorithmically remove. If I can guess where someone works and lives, I can easily figure out who that person is, usually by pulling additional data from commercially available data sources like Equifax. Naive implementations of this method were deployed in the U.K., North Dakota, and Utah, and did not meet with success for multiple reasons. The biggest one was fear that either Big Gov or Big Tech was tracking anyone who installed it. Next, always- on GPS location has a material impact on phone battery life, so folks turned it off or uninstalled it. Finally, early implementations did upload everyone's location to the government, and without sufficient protections, that data can then be exposed/stolen by others even if it wasn't misused by their government. A better solution is to use low-energy Bluetooth signals to allow phones to record when they are near other phones. A naive implementation can still allow tracking, but luckily Apple and Google have come to agreement on a privacy-protecting method called the Google/ Apple Exposure Notification method, and it was developed to work on both Android and IOS. They have asked countries' health agencies to build and release apps using this tech. In the United States, they weren't delusional enough to assume that a single Federal institution could be adopted, so, they are working with one group per State. Like Dr. Raskar's Safepaths group, my team is building the app using this tech, and we believe that it preserves privacy better and works better than GPS solutions. The goal would be to get as many people as possible in the State to download this app, but the challenge, of course, is that even if we could only get 40 percent installed uniform across the group, we will only have 16 percent of exposures detected, so we need to find better ways to market the app. The privacy is much better than GPS because the data that eventually gets uploaded in a rare case where you have been infected is a set of random numbers that have no personally identifiable information. And then, when the other phones download this random number set, they notify their users without doing any cloud work at all and tell the user that they have been exposed and recommend that they call the contact tracing team. I believe that privacy is critical to marketing these apps to Americans, because I think they are very worried about what these apps could do, and we need to get and install a base for these apps. [The prepared statement of Mr. McClendon can be found on page 49 of the appendix.] Chairman Foster. Thank you. Dr. Kuppalli, you are now recognized for 5 minutes. STATEMENT OF KRUTIKA KUPPALLI, INFECTIOUS DISEASES AND GLOBAL HEALTH PHYSICIAN Dr. Kuppalli. Thank you, Chairman Foster, Ranking Member Loudermilk, and distinguished members of the task force for the opportunity to testify before you today. I am extremely grateful for your interest and commitment towards helping the support of the novel coronavirus disease efforts in the United States as we attempt to control the deadly pandemic. I am an infectious disease physician by training and have extensive experience in global health and health security. My clinical and research interests focus on health systems strengthening in resource-limited settings, outbreak preparedness and response, research and clinical care of emerging infections, and healthcare policy. As the COVID-19 pandemic continues to spread across the United States, I hope to give you a greater understanding of the threat this has to the global and economic security of the United States. I will discuss challenges facing public health experts and researchers leading COVID-19 efforts domestically, and will explain how we may better leverage available resources and tools to improve our response capacity and provide examples of other countries who have successfully implemented policies to control COVID-19. During this unprecedented time, it is vital for the United States to collaborate with the global community so we can learn from each other and develop best practices to ensure that science informs policy. In early 2020, as the world watched COVID-19 sweep over Wuhan, and spread through China, other countries recognized that COVID-19 posed an unprecedented risk to the physical and economic health of their countries and activated pandemic preparedness plans. The three most common components of successful plans are: one, the development of a comprehensive national plan led by science; two, rapid scaling up of testing capacity; and three, prioritization and implementation of contact tracing. The United States accounts for approximately 4 percent of the global population, but 25 percent of COVID-19 cases and fatalities globally. More concerning is that, as lockdowns have been lifted over the past month, there has been a record increase of COVID-19 cases, with over 45,000 cases per day since July 1st, and a record 60,000 cases in the last 24 hours, leading to the halting or reversal of business openings across the country. With coronavirus cases surging across the United States, it is imperative we adopt essential elements of an outbreak response, which should include a national cohesive plan led by science. The cornerstone of such a plan should be to test, isolate, and contact trace cases so we can contain this pandemic. Contact tracing, often called the linchpin of an outbreak response, is critical to identifying those who have potentially been exposed. The hiring of contact tracers, and additional Federal resources, infrastructure, and training will be required to ensure that we have a sufficient and well- coordinated workforce to provide this vital task. Based on current population and data, experts estimate each case requires 10 to 25 contacts to be traced. That is requiring at least 300,000 contact tracers. Another vital component of successful contact tracing is leveraging new and innovative technologies to promote efficient and broad implementation strategies. Although technologies are increasingly used, it is important to remember the ethics of public health information: data protection and data privacy when using any of these technologies. South Korea is an example of a country that has successfully contained COVID-19 and used technology to assist in their contact tracing efforts. In the aftermath of the 2015 MERS outbreak, South Korea invested resources in training healthcare personnel, and developing response systems, infrastructure, and laboratory capacity for future infectious disease outbreaks. When the 2019 outbreak took off in South Korea, in addition to using standard methods of contact tracing, they also used medical records, GPS systems, credit card transactions, and closed circuit transactions to utilize a more robust contact tracing system. It was thought that this information provided more accurate information on individuals' location, duration [inaudible] Exposure might not be able to call or confirm. Considerations and protocols for privacy were taken into account to ensure only information related to infectious diseases is [inaudible] This social, health, and economic threat of our generation, and how we choose to manage it will be our legacy. Until we have a vaccine, control will rely on using surveillance, testing, contact tracing, and isolation to prevent transmission. Given the United States' prominent global role in technology, it can leverage this expertise as an opportunity to take a leadership role in developing a world-class contact tracing system to contain this outbreak, using information technologies to develop integrated systems to enhance our ability to prevent, detect, and respond to future outbreaks before they become national or global epidemics. Thank you, again, for the opportunity to testify before you, and I look forward to your questions. [The prepared statement of Dr. Kuppalli can be found on page 30 of the appendix.] Chairman Foster. Mr. Perry, you are now recognized for 5 minutes. STATEMENT OF ANDRE M. PERRY, FELLOW, METROPOLITAN POLICY PROGRAM, THE BROOKINGS INSTITUTION Mr. Perry. Chairman Foster, Ranking Member Loudermilk, and members of the task force, thank you for inviting me to testify today on this extremely important issue affecting millions of people across the country. The COVID-19 pandemic will continue to take significantly more lives than the approximately 130,000 it has already claimed if the United States Government does not invest in tools that are proven to combat the spread of the virus, including strategies that aim to dismantle structural racism. According to an analysis published July 5th by the New York Times, Latino or Black or Hispanic and Black residents in the U.S. are 3 times as likely to become infected as their White neighbors. Higher COVID-19 mortality rates among Black and Brown communities reflect the historic devaluation and disenfranchisement of their lives, properties, and communities. Structural racism is the preexisting condition that must be accounted for in our battle with the coronavirus. It is hard to calculate the damage that the lack of coordinated comprehensive Federal response has caused families in terms of lives, jobs, and businesses. Those losses will even be more severe if there is not sizeable investment in infection testing, social distancing, extended paid leave, supplemental employment insurance, hazard pay, and contact tracing. However, the universal application of these preventive tools won't eradicate the substandard housing, poverty, limited job opportunities, and other conditions of structural racism that underlie the racial health inequities. My written testimony presents three general concerns regarding artificial intelligence in contact tracing as it pertains to structural racism and racial bias. First, contact tracing and exposure notification are not necessarily remedies for structural racism. Contact tracing and other public health tools are not neutral. They can exacerbate or mitigate the impacts of structural racism. A second concern taken up by my testimony revolves around representation. Contact tracing systems should include the people from the communities that have historically been excluded from other systems that generate better health and economic outcome. From the tech tools that are developed to the contact [inaudible] Be included in any effort to expand contact tracing. Manual contact tracers rely on the skills of interpersonal communication and empathy in order to build trust and receive and interpret information. If we hire an army of White tracers to track the spread of the virus, we should expect unequal or even negative results in Black communities. In addition, if we do not hire local Black and Brown people to serve those neighborhoods, we exacerbate the racial wealth gap which also serves as a barrier of protection against infection. Hiring Black and Brown manual tracers offers an opportunity to add jobs to the neighborhoods that are experiencing higher levels of unemployment. Third, AI tools in health pose the same risk that they do in other fields. AI is only as good as [inaudible] And their biases can ultimately lead to flaws in the technology and amplify biases in the real world. Our expedition into digital tools must demand greater recruitment and investment in Black and Brown tech firms, rigorous reviews and testing for racial biases, and more engagement and involvement from local communities before we deploy AI technology to communities en masse. Systemic racism and discrimination are already embedded in our health, housing, and educational systems. Developers must intentionally build AI systems through a lens of racial equity if the technology is not going to generate outcomes that reflect the biases of the developers. As more Black and Brown people are exposed to these racial inequities, more will die from COVID. The proliferation of the coronavirus forces us to see our inherent connections in a way that our public policy has not always recognized. Individual recovery is contingent upon how much we collectively live by the principle of all being in this together. If undocumented residents are sick, the country's citizens will be as well. If Black and Latino or Hispanic people suffer from COVID-19's effects, so will Asian American and White people. But being aware of our vulnerability is not the main problem. The trap of racism and structural inequality is. Thank you. [The prepared statement of Mr. Perry can be found on page 53 of the appendix.] Chairman Foster. Thank you. And, Mr. Raskar, you are now recognized for 5 minutes. STATEMENT OF RAMESH RASKAR, ASSOCIATE PROFESSOR, MIT, AND FOUNDER AND CHIEF SCIENTIST, PATHCHECK FOUNDATION Mr. Raskar. Thank you, Chairman Foster and Ranking Member Loudermilk, and to the members of the task force and the Full Committee for the opportunity to testify today. It is an honor and a privilege to be here today. Let us compare how we use AI and technology for weather forecasting versus a pandemic. The National Weather Service can analyze and predict by collecting data every day. However, responding to the dynamics of a hurricane is different from responding to a pandemic, as pandemics are about people being at risk because of other innocent people. We need real-time participation from people, and that is why smartphone apps can play a big role. Given this is a social problem, I want to emphasize three things: first, how to augment top-down manual contact tracing with bottom-up apps used by people; second, how to make sure that apps are trustworthy by obviously preserving inclusive and built by open source and nonprofits; and third, how we may create a [inaudible] National weather--we have this national AI platform that leverages this privacy-preserving apps. I come to this question having spent much of my last decade working at MIT in AI digital health and algorithms for privacy. We built privacy-preserving global AI, a distributed machine learning method called split learning that can build AI without accessing any raw, identifiable data from individuals. And other teams have built wonderful techniques, such as federated learning and differential privacy that is going to be used in the U.S. Census 2020. In March, our team at MIT created one of the first privacy- preserving smartphone apps, which led to the creation of PathCheck Foundation, a charitable nonprofit organization dedicated to building free, open-source and industry standards that assist U.S. States, nations, and private sector organizations. And our nonprofit is already building exposure notification and case management apps back in servers and dashboards for various U.S. States and nations. And, frankly, it has been a humbling experience to work on this complex challenge over the last few months. And based on our learning so far, let me address concerns and also present some recommendations. First, Congress should require that public health authorities augment their manual contact tracing solution with digital apps for solutions, and this should be privacy first, because assuring trust is key to public acceptance, and public acceptance of these digital apps will let the country solve the tracing problem cheaply, quickly, and at scale. At PathCheck Foundations, we are working very actively on this hybrid approach by combining exposure notification, personal guidance, and case management, and we hope such apps can augment and simplify manual contact tracing. Second, Congress should set out a series of requirements to ensure that contact tracing apps are built transparently as open source, ideally by nonprofits, and just like other public utilities, are open for scrutiny by the public. And, obviously, this app should be inclusive across socioeconomic disparity, and not exclude those who don't have the latest technology. So, while at PathCheck Foundation, we are very proud to deploy Google, Apple Bluetooth API, we also want to support local solutions, such as QR codes, WiFi, and so on, and we continue to work with communities and employers and schools to improve the inclusion and innovation. And then, finally, the National Pandemic Response Service, based on a smartphone app. We need a national pandemic response that will allow us to take micro and macro aggregation of analyses and predictions. Instead of creating a surveillance state and a top-down system, let's build a bottom-up smartphone-based solution. We need a new AI that relies on the information stored on peoples' phones, and what we have learned through our work at MIT privacy-preserving AI is that we can truly create this decentralized AI and orchestrate the socioeconomic interactions between governments, businesses, individuals, and even vulnerable communities without creating a surveillance state. Our analysis shows that a modest budget of $100 million to $150 million that creates a public-private partnership can provide a data-ready national service for a national pandemic response. At the same time, this national service can help us be ready for a nasty flu season in the future, boost data solutions for public health, and be prepared for the next pandemic. To conclude, the need of the hour is augmentation of [inaudible] Apps inclusive, open source, and trustworthy, and [inaudible] Built on aggregation of data from these privacy- preserving apps. Thank you. [The prepared statement of Mr. Raskar can be found on page 61 of the appendix.] Chairman Foster. Thank you. And I will now recognize myself for 5 minutes for questions. Mr. McClendon, you mentioned the necessity of maximizing adoption of contact tracing apps in order to maximize their effectiveness. Businesses may well have a role here. According to a PricewaterhouseCoopers' survey conducted in April, 32 percent of businesses use contact tracing to help protect their workforce. This raises a number of questions as financial services and other companies continue to bring back workers to offices over the next few months. How can contact tracing effectively fit into their plans? Are there problems in making the use of contact tracing apps a condition of employment? And, in particular, does contact tracing offer benefits over, for example, performing frequent COVID tests and temperature checks? Mr. McClendon. I don't know if I can speak about whether frequent checks will do better or worse, but I do believe that digital contact tracing, deployed widely, will help. So, I was speaking about the coverage problem: 40 percent of uniform population jobs, only 16 percent of exposures are notified. So, we need a bigger percentage. We need 60, 70 percent adoption. And one of the best ways to do that is to work with employers, universities, schools, and populations that feel a sense of community and want to protect each other by installing this app. It is really a marketing challenge, and similar to how the Waze app was deployed in cities, and how Uber installed its app and got sufficient penetration to be interesting. If there isn't enough penetration in a community, these apps will not be successful. So having employers do it, I think, is a valid way to increase the penetration, but it should not be mandatory. It just should be strongly recommended, and you should use the fact that if we don't get these exposures detected, a company might then become a hot spot, have an outbreak, and it might have to shut down again. And I think that everybody is now very aware of what happens during a shutdown, and so preventing the shutdown by keeping your community safe is a pretty strong motivation. Chairman Foster. Dr. Kuppalli, do you have any thoughts from your perspective on this? Dr. Kuppalli. Yes, thank you. Going to your question about temperature checks versus testing, I would say that one of the challenges with doing things like temperature checks is that we know that up to, at least right now, 40 percent of transmissions occur in the asymptomatic or pre-symptomatic state, so transmissions occur when patients don't even know that they are infected. Relying on things like that is really challenging in this particular infection in terms of trying to understand, maybe who you have been in contact with, or who might be infected. And I think that is something we need to think about as we are thinking about employing these types of applications. Chairman Foster. Thank you. Mr. Raskar, you note in your testimony that you have been working on how to create machine learning methods that can build AI without accessing the raw data. This sounds a lot like the homomorphic encryption that we had a previous hearing on, which is, to me, just a fascinating technology, but I had a simple question of how this can work when the number of contacts is small. For example, if you are by yourself all day for a whole week, and then you go out and you meet one person and then get notified that you have been exposed, you pretty much know which one person that is. So, what are the limits to these privacy- preserving techniques that may be important for people to know about? Mr. Raskar. Congressman, given your background in physics, I would love to have a discussion about encryption with you, but to the question of privacy, we ought to, first of all, think about how data production has different layers. Those three things are very different. In a public health scenario, actually today we only care about confidentiality, not as much anonymity or privacy, because eventually, you do have to meet a doctor. It is not like a cryptocurrency where [inaudible]. The challenge that if you met only one person and you got an exposure notification, you would know where that person is, is a classic example that our goal here is to serve the public health purpose as well. So, in that sense, although exposure notification based on Bluetooth serves some purpose, which is whether you got an exposure notification or not, a bigger challenge here for public health is understanding the context of that encounter. And for the context-- Chairman Foster. I will attempt to treat myself fairly and gavel myself quiet here, and recognize the ranking member for 5 minutes for questions. Mr. Raskar. Sure. Mr. Loudermilk. Thank you, Mr. Chairman. The information that we have received so far has been very interesting. My first question is going to be to Mr. McClendon. I do appreciate your focus on data privacy and security when it comes to the contact tracing, and coming from an IT background using the Bluetooth technology and your cooperation with different businesses is, I think, a unique approach and may have some validity there, but if we were to implement a Federal contact tracing system, how would you be able to reassure the citizens that they are able to know exactly what data is going to be used or collected and who has access to that data and how that data is going to be used? I think those are three critical areas that if you are going to get buy-in by the general public and get their confidence in this, that they do need to know those three things: one, exactly what data is going to be collected; two, who is going to have access to that data; and three, how it is going to be used? Mr. McClendon. Right. As I said, I feel like it is a marketing challenge. It is communicating how things work and explaining it to users. And so, for the data that is being collected in the Bluetooth Apple/Google gain solution, that data is random and completely stored on the phone until the user who is infected opts in to uploading those random numbers to the server. It requires a second opt-in. So, from a control perspective, you are putting your control in the hands of the user. Their data is never going to be pulled out from under them. It is always going to be in their control, and I think that is a very strong message for folks. As far as what happens when you get an exposure notification, the other innovation in this technology is that the notification determination is made entirely on the phone and then the communication of what message is sent to the user is provided by the State or, in some cases, the country. And so you have the opportunity to communicate to an exposed user, ``Here are the things you should do,'' but we don't know who that user is until, again, they opt-in by calling in to the manual contact tracing team. And these inbound phone calls are going to be much easier to handle because the contact tracing team won't spend a ton of time making dead phone calls. These will be inbound, and they will be users who are interested in learning more about what this exposure means. Mr. Loudermilk. Let me make sure I understand the situation. So, for instance, I may have tested positive. I have this app. I go to a store. I am wearing my mask, doing everything. So, if someone else gets near me, my phone, through the app, captures their number, and then I choose whether to upload that? Is that the scenario? Or does it automatically notify the person that, ``Hey, you just got in contact or in close proximity to somebody who has it?'' Mr. McClendon. The general system is that, after you test positive, you are staying at home, let's hope. The goal, though, is that prior to you testing, for 2 weeks of data, prior to you testing positive, your phone has been broadcasting these random numbers and has been collecting the data on your own phone of who else you have seen. And on the day that you test positive, the contact tracing team calls you up on the phone to talk about your positive test because they were notified, and this is all part of the standard process. They ask you to upload your data, and give you a unique one-time password to upload that data into the cloud, but the data that is uploaded is random numbers, no identifying information at all. And at that time, all of the other phones download the data, and see if in the last 2 weeks, they were near you. And if they were, they get an exposure notification, but it is only that they were exposed and they have to call the manual contact tracing team to learn more. Mr. Loudermilk. So the only numbers that are uploaded are numbers of people who are using the app, or all numbers? Mr. McClendon. The only numbers that are uploaded are of the infected person if they were using the app during the last 2 weeks. Mr. Loudermilk. Does that create a problem where the person with the app is then determining if the information--let's say, if I was around someone who had been infected and got tested, then that person is determining if my phone number is going to be uploaded or not? Mr. McClendon. No. The data that you upload, uploads only those random numbers that they receive out, not receive in. Mr. Loudermilk. Okay. Mr. McClendon. So, literally, only your information. Everybody else compares whether they ever saw your number in the phone. And so, again, it is only if each of the parties is participating in the app. If somebody's app is not--if somebody's phone does not have the app installed, then they are not part of this situation at all. They won't get notified. And if they are infected, there is nothing for them to upload. Mr. Loudermilk. Okay. Thank you. I yield back. Chairman Foster. Thank you for that, Mr. Ranking Member. And I would now like to recognize the gentlewoman from California, the Chair of the Full Committee, Chairwoman Waters. Chairwoman Waters. Thank you very much. I want to first turn to Mr. Perry. You have reminded us through your research that historically, Black and Brown people have already been socially distanced through segregated housing policy, systemic racism, limited and inadequate and unsafe living areas, more polluted neighborhoods, and fewer job opportunities. So, in addition to strengthening our response to the pandemic, policymakers must make sure that our response does not perpetuate these structural inequalities. Mr. Perry, what consideration should a digital contract tracing program take to ensure that minority communities are served well by these app-based solutions? Do you have other suggestions on how technology can be utilized in the coronavirus crisis response to ensure that communities of color are not further disadvantaged? Mr. Perry. I have a couple of responses to that. One, whenever we have a crisis, it presents an opportunity to build capacity in areas that we currently don't have. One of the weaknesses of many AI-enabled technologies is that they have not been tested, vetted, or created by founders of color, leading to all kinds of gaps and lapses, but it is clear that we do need, in Black communities, levels of a technology because we are disproportionately impacted. The problem is that Black people, in particular, and Brown people, are caught between a rock and a hard place. When they do find out that they may have been exposed, they are disproportionately in jobs and in occupations where they can't take off 2 weeks from work, and they are unable to socially distance for periods of time. As I indicated in my written testimony, we see how intergenerational housing concentrations in Cities like New Orleans, Detroit, Birmingham, and all of these places where Black people are concentrated, we know that there will be exposure because of the underlying conditions that lead to the rapid spread of the virus. And so, for me, I am looking at this from a structural perspective. Yes, we still need to maximize manual tracing and use technological tools to help them along, but manual tracing also relies on the quality of the tracing mechanisms; there is a lot to be gained from still leaning on the manual tracing. But I have to emphasize that when we are ultimately investing in tech companies, firms, innovations, we need to use this as an opportunity to build wealth, because that is the reason why or the lack thereof of those things are the reason that we see rapid spread in Black communities. So, for me, it is not to say that it is too late to deploy technology in a way that makes sense for Black communities, but it is to say that if we don't advance manual tracing and if we don't build capacity, then in the next inevitable crisis, we will be right back in the same situation we are in today where we can't respond to technology in a way that the alerts want us to, and we won't build capacity in areas where we need it built. Chairwoman Waters. Thank you very much. I yield back. Chairman Foster. Thank you. The gentleman from North Carolina, Mr. Budd, is recognized for 5 minutes. Mr. Budd. This hearing is fascinating, and very timely. Professor Raskar, this question is for you. We have now seen several countries use contact tracing as a means to combat the spread of COVID-19. Is there any credible evidence to show that these methods have had a practical impact on mitigating the spread of the disease? Mr. Raskar. Yes. We understand this is still very early data, inventing this whole field of digital contact tracing. We do know that manual contact tracing works for small outbreaks, but for an outbreak of this scale, many experts have shown that manual contact tracing simply doesn't scale. In fact, it disproportionately affects people who are vulnerable because they cannot be reached. Digital solutions has some hope that they can get--I think in some countries, we have seen an option of 10 to 15 percent in just a matter of weeks, which is good news, and as Brian McClendon explained very beautifully, that if these technologies are truly deployed by tech players as tools and APIs, in fact, they could be out there in many ways. So my assumption is that, if we use a bottom-up as well as a top-down solution--a top-down solution that will be like how we respond to hurricanes. So, manual contact tracing would be like a top-down solution. We tried to do the best we can, but this storm is really about people interacting with people, so we need a bottom-up solution as well where the participants, in this case, people who are innocent, but could be spreading diseases to others are participating in the system, and if the infected and exposed individuals are willing to participate in the system, then we can, in fact, combine this top-down and bottom-up approach. And right now in the U.S., we have 70 percent smartphone penetration in the age group of 18 to 64. If 90 percent cell- phone penetration [inaudible] Estimates up to 70 percent of the world [inaudible] Manual contact tracing could be off-loaded to the people who have smartphones. Mr. Budd. Thank you. Continuing on with you, Professor, these contact tracing apps pose an interesting dilemma. Digital contact tracing involves a level of surveillance that can make a lot of people uncomfortable, especially given the involvement of large technology companies with spotty records on privacy. What steps are developers taking to ensure these privacy concerns are being addressed? I think some of you mentioned earlier the low-energy Bluetooth, the Apple/Google protocols and standards. I just wanted to see what is being done to address these privacy concerns? Mr. Raskar. That is a very good question. I think it is a fantastic development, and I am glad the technology company knows they should not be in the business of creating solutions that could interfere with their for-profit business. So, as great as that Apple/Google protocol is, if another technology company tries to provide a solution which is already for- profit, even if the exposure notification is not-for-profit, simply the IP address of the same user can be used by the for- profit company in multiple ways. That comes into conflict with the original intention that Apple and Google and PathCheck Foundation have. So we believe that to make it trustworthy and inclusive, it should definitely be open source available for everybody to scrutinize and also collaborate. And ideally, it should be built by companies that are nonprofit or have no other related for-profit businesses. I think if we do that and create a national grid of this app because we are going to see a mushrooming of these apps, but at PathCheck Foundation we believe that we can all work together in creation of a national grid, and that will also be part of this National Pandemic Response System. Mr. Budd. Thank you. Just following up, I have been supportive of a robust Federal data privacy standard to replace the confusing patchwork of States' regulations and laws. Would the implementation of a national standard be beneficial for the States and for the consumers alike, who are trying to protect their own data privacy? Mr. Raskar. Definitely. I think that is necessary, but just to be sure, we have to go well beyond GDPR or CCPU, one level above that for privacy, which means that even the app company doesn't know anything about the user. Mr. Budd. Very good. And I have a few seconds left, but I will yield back to the Chair. Thank you. Chairman Foster. Thank you. And the Chair will now recognize the gentleman from Illinois, Mr. Casten, for 5 minutes. Mr. Casten. Thank you, Mr. Chairman. And thank you so much to all of our witnesses. Really building on Mr. Budd's comments. I would love to hear from Dr. Kuppalli. We have, globally, such a wide range of how contact tracing is being done. Is it being done by cities? Is it being done by counties? Is it being done by States? Is it being done by countries? People, of course, move across borders, but there is a logistical challenge with scaling this up at the highest level. Dr. Kuppalli, purely from an epidemiological perspective, where do you think is the ideal level in government to coordinate a contact tracing strategy? Dr. Kuppalli. That is a wonderful question. Thank you very much. So, as I said in both my written testimony and in my oral testimony, I really think that we need a national plan to help coordinate this entire response, and the linchpin of that is contact tracing. And when it comes to contact tracing, I think the important thing would be to be have some sort of Federal plan for that, that is then farmed down to the State and local governments. And as we have all talked about, and especially in an epidemic like this where the transmissibility of the disease is so much and, like I said, for every contact, there are about 10 to 25 contacts that need to be traced, and that is just not something a manual contact tracer can do, it is important that we rely on our technologies to be able to augment what manual contact tracers are doing. And I think that it is important that it is a coordinated effort between our local and State and Federal Governments, while leveraging our technology. Mr. Casten. Thank you, Shifting to Mr. McClendon, if I am following right, all of the apps that we are talking about developing are essentially backwards-looking. We are going to know who you were in contact with. If we find out you had a positive test, we are going to go back, and we are going to look through this historical record. But in the context of artificial intelligence, so many of the really cool things we do with AI right now are predictive, whether it is Waze predicting where the traffic is going to be at 4:00 today as I tried to get to downtown Chicago, or the stuff that we spend a lot of time with on this committee of algorithmic trading, predicting what stock is going to be surging or where there is going to be a short sale next week. Is anybody thinking about what could be done on a predictive level if you had these contact tracing tools? Could you start predicting that this is a high-risk place to go, where we should be going? Is anybody thinking there, or are these purely backwards-looking apps at this point in the scope of people's ambition? Mr. McClendon. I think the challenge right now is that the only way to really predict the future is to understand the past pretty well. And so, manual contact tracing interviews, where the contact tracing team interviews the infected or exposed person, where that person has been, what they have done, that is the kind of data that would be great to send into a machine learning algorithm to then predict where hot spots might be in the future. But right now that data is obviously siloed due to privacy issues, siloed due to county tools and State tools that are not compatible with each other, and it is also not normalized. To Dr. Kuppalli's comment, I think that there does need to be a Federal guidance on how we should do things. I don't think the Federal Government should own this problem, but I think there should be clear leadership about, here are the tools and processes that we recommend that States do and that counties do and that contact tracing teams do to collect data effectively, and then using data analysis that retains privacy and differential privacy, we can start to generate these predictive models. Large-scale data collection is being used for predictive things. If you look at the University of Washington's Institute for Health Metrics and Evaluation (IHME) models, they are using a large collection of data, including things like mobility reports and when different States and counties have implemented mask rules or lockdown or some of the other aspects. They are able to see the effect of different policies and are now predicting that if a State implements a mask requirement today, they can save this many lives. For example, in Kansas, if we all follow a mask mandate, we will save 250 lives by November 1st. That is the projection, and that projection is made using data that has been collected over the last several months. Mr. Casten. Thank you. I have a lot more questions, but I see I am out of time, so I yield back. Thank you so much for your time. Chairman Foster. Thank you. And I now recognize the gentleman from Indiana, Mr. Hollingsworth, for 5 minutes. Mr. Hollingsworth. Good afternoon, everybody. I am really excited about the discussion that we have had already on this panel, and I look forward to talking more about it and hearing more about it. My questions are for Dr. Kuppalli. Just more on the biological, epidemiological level, here is what I want to know: Given where we are today, what does a realistic success, achievable success look like in the United States pre-vaccine? And then I am going to ask you what it looks like post-vaccine. What is achievable for where we are, given the number of infections that we have today? Dr. Kuppalli. That is a great question. Thank you for that. Given where we are right now, we are not in a great place, right? As I said, yesterday, we had 60,000 new infections in the United States. And I think one of the things that has been challenging with this particular infection in the United States is that we have what we like to call a patchwork type of system. Every State, every local municipality is doing its own thing, and that is making things very challenging in terms of trying to contain this outbreak. Additionally, we are still having challenges with things that we were having challenges with 5 months ago. Testing is still a problem. Contact tracing is still a problem. Isolation and quarantine is still a problem. If we don't get those things fixed, we are not going to get this outbreak under control. So, we need to fix those things. In terms of where we are today and where we are going, we need to work on fixing those things. We need to work on really advocating for the public health interventions for which we have been advocating. Mr. Hollingsworth. To be more specific, sorry, are we to the point, given the number of infections that we have had, where we are basically managing down the number of infections and the rate of infections to the hospital capacity system until we get to the point of a vaccine, or is there a realistic hope, even given where we are, that we can bring infections to a grinding, very slow, very small number? That is what I am trying to understand. I read a lot of epidemiological studies that say, given where we are today, the best we can hope for is managing infections down, managing hospital capacity, until we get to a vaccine, not trying to stop an outbreak in and of itself. Dr. Kuppalli. I think, again, it is going to depend on how well we uptake these public health interventions. We know these public health interventions, what we call the nonpharmaceutical interventions, we know they work. It depends on how well we can get communities to buy into them in terms of how well the outbreak is going to be contained. And then, even going forward, once we have a vaccine, it is going to not just depend on the efficacy of the vaccine, it is also going to depend on how well we can get people to uptake the vaccine. Studies I have been involved with have shown that there is a lot of work to be done in trying to convince people to take the vaccine. So, we can't say we are going to have the vaccine, and this will be over. Mr. Hollingsworth. I agree. I think that is right. And I think that, frankly, at least in Indiana--I am not sure what is happening elsewhere--people's desire to take significant steps based on COVID-19 is declining, not increasing, given the fear that they felt in March and April. And at least, we haven't seen a significant resurgence, so there is a less palpable fear. I wanted to get to two other quick questions. I only have a minute-and-a-half left. One, there is an obsession with kind of the total number of infections since January 20th, this 2 million infections number. That to me seems strange, Dr. Kuppalli, because I think what we care about are current symptomatic or communicable infections at the present point, right? What matters is how many people have this today, either know about it or don't know about it, either are symptomatic or asymptomatic, but can transmit the disease to others, not those who got it on January 20th and recovered February 15th and no longer transmit the disease. Are we tracking the right number in thinking about total number of cases since genesis, or should we be thinking more about, as you articulated, the number of infections per day and the number of recoveries per day, to better understand the evolution at present? Dr. Kuppalli. I think all of those numbers are important. I think we need to understand the total number of infections that we see in our society, but we definitely need to understand what is going on, on a day-to-day basis, right? And so now particularly, we are not just seeing the numbers go up, but we are seeing the percent positivity in the number of cases going up. And that is really important, and also looking at what is going on in the hospitals and the hospitals being at capacity. Mr. Hollingsworth. Perfect. Can you clearly tell me, what is the clinical definition of ``recovered'' in this infection with COVID-19? Is it the lack of communicability? Is it not showing symptoms? What does ``recovered'' mean, explicitly? Dr. Kuppalli. According to the current guidelines and criteria, ``recovered'' means that you no longer have symptoms. Mr. Hollingsworth. Okay. Thank you so much. Dr. Kuppalli. Thank you. Chairman Foster. Thank you. The gentlewoman from North Carolina, Ms. Adams, is recognized for 5 minutes. Ms. Adams. Thank you, Mr. Chairman. And thank you to our witnesses today. According to a 2019 Pew Research study, 81 percent of Americans owned a smartphone, up significantly from just 35 percent in 2011. The same study found that while Whites, Blacks, and Hispanics own smartphones at roughly the same rate overall, smartphone ownership rates are significantly lower for older and low-income Americans. These communities of color have also been disproportionately impacted by the pandemic, and they are at greater risk of contracting COVID-19 and have a much higher likelihood of being unable to recover. So, Mr. McClendon, what is the benefit of a voluntary app- based digital contact tracing system when the most vulnerable at-risk populations are also the least likely to be able to engage with the technology? Mr. McClendon. That is a very fair question. With some of the apps in question, you have a non-tech participation capability, but this digital contact detection is one where you really do need a phone, preferably a smartphone, to participate. And I think the only argument that can be made is that if we deploy these widely, the infection rate overall will go down, and there will be much less opportunity for anyone to get infected. To the question about--we are in the second wave right now, and contact tracing is going to be very hard to solve the problems that we are seeing as in many States it ramps up quite high. But if we can get the disease down to a slow enough level, we can actually drive it down so, effectively, there is little to no exposure for anyone, and digital contact tracing can really help with that. And I think it is important to understand that, to the prior question, wearing a mask can greatly reduce the transmission. And by itself, a single app can, I think, reduce the R-factor from well above one to below one and eventually negate the disease. Masks are something that everybody can participate in, and I am a strong believer that we should be promoting masks more effectively. Ms. Adams. With the amount of data being collected and potentially analyzed by AI, what type of privacy and exposure notification and contact notification is there? Mr. McClendon. In the case of this specific Google/Apple implementation, it is extremely private. There is no information exposed at all unless you are infected and unless you choose then to provide data to a service. And even then, that is not part of the analysis. The only interesting data to analyze is who then talks to the contact tracers, what that interview yields as far as number of contacts they have made, what kind of symptoms are they showing, what is the progress of their disease, and monitoring those people. So, the manual contact tracing team has a lot of work to do. And just to reiterate what everybody else has said, we need more and better staffing and we need people in the local community to work, because it is an empathetic, communicative experience, and we need the best data we can collect, and for that we need people of the community. Ms. Adams. Okay. Thank you. Mr. Perry, do you foresee any risk for misuse of the mass collection of health data on low-income people of color in the future, and how important is it for us to limit data collection, if you think that? Mr. Perry. Oh, yes, we should be prepared for racial bias that will negatively impact Black and Brown communities. We have already seen the risk of use-biased algorithms in healthcare. United Health, using a medical algorithm, steered Black patients away from getting higher-quality care. And criminal justice software used to forecast the risk of reoffending incorrectly marks Black defendants as future criminals at twice the rate of White defendants. So, again, what I said early in my verbal testimony was that the AI for contact tracing runs the same risk if we do not thoroughly vet these products that are going out. And so we don't know necessarily, but the way I hedge that not knowing is through inclusion. We have to bring in, one, contact tracers, as was mentioned, from the community, because if you don't establish trust, these products will not work well. But more importantly, we have to invest in Black and Brown firms, because they are just more sensitive to the algorithms and functions that often lead to a bad outcome. Ms. Adams. Thank you. Dr. Kuppalli, what does meeting the mitigation rate versus meeting the suppression goal rate for testing mean in terms of empowering States, municipalities, and localities to safely reopen? What does meeting those rates mean in terms of opening? Dr. Kuppalli. That is a great question. Meeting the mitigation rates-- Chairman Foster. Go quickly, please. We are at the time limit. Dr. Kuppalli. Okay. So, basically, there are different rates that we look at for when we are in different phases of the epidemic, and we need to scale up testing quite a bit to meet those rates. Ms. Adams. I yield back, Mr. Chairman. Chairman Foster. Thank you. The gentleman from the Lone Star State, Mr. Taylor, is recognized for 5 minutes. Mr. Taylor. Thank you, Mr. Chairman. I appreciate that. I appreciate being here with all of you. I think this is an important conversation. And I think this epidemic has certainly brought up to me the importance of having consistency in our vital statistics accounting. We have had--I see some heads nodding. I served in the State legislature for 8 years before I came to Congress, and we came into problems around counting data. We would have different counties counting flu deaths at different rates. And when we kind of dug down and started figuring it out, we realized, well, one JP was doing it one way; another JP was doing it another way. And so, we started working on trying to come up with a State standard. If you can believe it, in 2020, there is not a Federal national standard for collecting vital statistics. And that, in turn, is leading to disparate answers in terms of the way localities and then, in turn, States are reporting. And then we, as Federal policymakers, are trying to figure out, how do I deploy assets? Where are my problems? And because the data is being collected differently, you might not realize you have a problem somewhere where you do have a problem. You might think you have a problem somewhere that you don't have a problem. And so I am working, on a bipartisan basis, with Congresswoman Shalala, my colleague from Florida, to work on the beginnings of a study--an appropriations bill, so we will see this, members, hopefully later this month--to start to study a national standard for vital statistics collection. And I will just share one issue that I will just take it home to Collin County, where I live. We were not counting--we were actually originally counting people who were serologically positive as a COVID case, and then we were told, don't count that as a COVID case when you report your accounting. Mr. Perry, I see you nodding and smiling, so maybe you have a reaction to what I am talking about or maybe you have seen this in the field yourself. Mr. Perry. No. I will just say, as a person who works at a think tank, we need consistent, reliable data, and that often is not had because there is a lack of standards. So I would fully support any kind of legislation that led to standardizing these vital records because, without it, we really don't have the information to address the problem well. I can't really add much more, but we need consistent reporting on these issues. Mr. Raskar. If I could add to that, Mr. Taylor, I think data is so important, as Andre said. At the same time, data is valuable only if it can be triangulated from multiple sources so that it is really valid. Like you said, if you just do the collection in a top-down manner, you don't know if it is going in the right way. So, if it is also bottom-up, citizens are participating, counties are participating, communities are participating in it in some other way, then the data becomes more valuable and more accurate. Mr. Taylor. Sure. Another example: At home, we originally, if we had a husband and wife and the husband tested positive and the wife had symptoms, we would assume that they were COVID positive, but we wouldn't report them as COVID-positive because we didn't want to use a test on them unnecessarily unless they needed hospitalization. The County was then told by the State of Texas, actually, start counting that person as a COVID-positive, report that as a positive case. So, my County then showed a spike in cases because they took a bunch of people who had previously not been reported as positive and then reported them as positive. But, again, this was a County decision that was then overridden by a State decision. And what I would like to see is a consistency in the reporting of data. And I am glad to see so many people nodding as a sign that it is--when I talked to Congresswoman Shalala, Secretary of Health and Human Services, she immediately understood that, wow, I need consistent vital statistics. We need to have a national standard so that my county is not guessing on what to do; every county knows what to do, and it is a standard. Anybody else want to comment on that? Mr. Raskar. The point you are making about a national standard is useful not just for hindsight, what has happened in the past, but also for insight, what is going on right now, and to the point made earlier about the prediction, about the foresight as well. And again, for that, we need a triangulation of data. Because if we do have the development of a national weather service here, it will look at not just the past hurricanes, what is going on today, but use models to start predicting them going forward. For this virus, now we have heard that different mutations are virulent in different ways. And responding to them in old- fashioned ways, like the mechanisms we used a week ago or a month ago are not as useful as what we would see them a month or even 6 months from now. So, whether it applies to the common cold or other public health challenges or dealing with this pandemic, I totally agree that a national standard of that kind would be extremely valuable. Mr. Perry. May I just add one very brief--Ramesh is absolutely correct. This is an opportunity for us to really rally behind the data. If you really want to get people involved in a very mass way, you have them participate in the collection. And so this is just an opportunity to really exercise that principle that we are all in this together. Mr. Taylor. Sure. Thank you, Mr. Chairman. I yield back. Chairman Foster. Thank you. And I will abuse my chairman's prerogative to point out that also in the upcoming appropriations will be to once again have the House hopefully vote to repeal the ban on a unique patient identifier. This is simply a database key that would allow you to uniquely identify medical records, which is a very important issue. And I was very proud we got a strong bipartisan vote to repeal that ban in the House. And, of course, the Senate did what the Senate does, which is nothing. But I will just flag that for Members. It is an important thing, really, the starting point in getting consistent national records is to just be able to identify who this person was. And now, the Chair will recognize Representative Garcia of Texas for 5 minutes. Ms. Garcia. Also, from the Lone Star State, Mr. Chairman. Chairman Foster. Also from--I am sorry to have missed that. Well, you don't have the flag behind you, right? Ms. Garcia of Texas. I guess I have that set up downstairs when I do videos, not when I am here on calls. But thank you for this very important hearing at such a critical time because, as some people have noted, it is really not just about what we need to do today, but in terms of standards and requirements or guidance, depending on which we choose to operate under. It is about future pandemics, future events, so that we can be better prepared. So, thank you very much. And I want to start with Mr. McClendon. I just want to make sure I understood when you were responding to the ranking member on his question about who uses the app and what information is picked up, everybody else has to be using the app for anything to talk to from your app, correct? Mr. McClendon. Yes, that is correct. Only data from participants who have installed the app and opted in will have their data recorded within the phones or, in the case of an infected person, uploaded. If they don't have the app installed, they are completely outside the system. Ms. Garcia of Texas. So, for this to really work, sort of like masks, everybody has to wear a mask, everybody has to use the app, correct? Mr. McClendon. I would like for that to happen, and I will endeavor very hard to market that message to convince communities and States to do that. Ms. Garcia of Texas. I just wanted to make sure that I was clear on that because now I want to switch to the good doctor. Dr. Kuppalli, it has just been so hard to get everybody to wear a mask. I have some of my own colleagues on one of my committees who all refuse to wear a mask, except two who are now wearing them. It has become politicized. How are we going to convince people to sign up to an app when we have not been able to convince them to wear a mask? That really is the reality. Dr. Kuppalli. I think that is a great question. I think that, first off, we need to stop politicizing this pandemic, and we really need to let the science lead the way. We are talking about human lives. Second, I think that we need to really be clear about the privacy safety that we are going to have when it comes to using these apps. I think that is really important. And I think that, as we have seen in other places that have been able to successfully contain COVID, one of those things is also people having good trust with not just the people who are doing the work, but also in terms of the governments and the people who are working on this work. I think that is all really important. One of the things that is extremely important that we need to continue to work on is also engagement, right? And so, engagement is going to be important. Trust is going to be important, and making sure we protect people's privacy is going to be important in getting people to uptake these types of things. Ms. Garcia of Texas. Mr. Raskar, I wanted to ask you a question related to that. I have been struck that you have used the word several times that it should be a ``nonprofit'' or that it should--and also, it should be available inclusively to all communities. Tell me about that. Why would you suggest that it needs to be an app that would be distributed through a nonprofit rather than a for-profit? Mr. Raskar. I think that we have great companies, Big Technology companies doing great work. I worked at Facebook for 2 years. I was on an Apple privacy team last year. And all of these companies have great intentions, but derivative companies out of that use the metadata in nefarious ways. You may not realize that every time you go to-- Ms. Garcia of Texas. No, I realize that. I just want to hear you say it for the rest of the world to hear it. Mr. Raskar. Exactly. Ms. Garcia of Texas. But I just want to focus on this particular app. Do you think it is critical that it be done through distribution of sorts through a nonprofit? Mr. Raskar. Yes, exactly. Ms. Garcia of Texas. Make sure everybody can get it? Mr. Raskar. Yes. It should be done by a nonprofit. It should be open source. And just like public utilities, it should be audited any time in a trustworthy manner. And make sure it is inclusive. And the challenge is that if it is not done by a nonprofit, if it is done by a for-profit, they can use the metadata. Even with the Google/Apple exposure notification app, they can use the metadata from that app on their servers and they could be tempted to use that in other ways. So, if the same company has two apps, one app that is used for contact tracing, which is supposedly private, and another app that is doing something else, those two apps collectively can create a much bigger picture of the user. And that is why we think a nonprofit, which is committed to the mission, committed to being open source, committed to collaboration, committed to being audited, should be the only ones deploying such solutions. Ms. Garcia of Texas. And it has to be just to augment the use of community people, or in my community, people who are used to doing the community health work neighborhood by neighborhood. Mr. Raskar. Exactly. And the important part of that is the development of the app, not just how the app works right now. It should also be driven by the mission, which is, as Brian McClendon said, getting the exposure notification is just the beginning. The case management, the interviews, the monitoring, the support is what we do at PathCheck Foundation. That is why we don't use a hybrid approach where we can offload a lot of the work for manual contact tracing through the app that is 70 percent of the population, but then the rest of the process still requires manual contact tracing operations. Ms. Garcia of Texas. Great. Mr. Chairman, I see that I have run out of time. I did have a question for Mr. Perry, but I will submit it in writing. Thank you so much. I yield back. Chairman Foster. Thank you. The Chair now recognizes the gentleman from the Buckeye State, Mr. Gonzalez, for 5 minutes. Mr. Gonzalez of Ohio. Thank you, Mr. Chairman. And thank you for recognizing the great Buckeye State. And thanks for this important hearing, on a very interesting topic certainly, and one that I think we are all still trying to wrestle with, frankly. I want to start my questions with Mr. McClendon. You have stated--and I agree--that it is a marketing challenge, but I would argue that it is an enormous marketing challenge, asking sort of everyday Americans to trust two entities, Big Tech and Government, that naturally we don't trust, and I think for good reason, unfortunately. My first question is, and you have sort of alluded to it, but what is the minimum amount of adoption you could get and still have an impact, knowing I don't believe you can get anywhere near perfect. You are not going to get 100 percent. People are just not going to opt in. So, tell me a little bit about that, please. Mr. McClendon. Right. So, if it was perfect, according to the statistic I just heard, 18- to 65-year-olds have 90 percent penetration. So, in that category, even if it were perfect, we would only discover 81 percent of exposures, because both parties have to have it installed. The square problem is a big deal. So, 40 percent only gets you 16 percent of exposures. I am hoping for 50 to 60 percent where we discover 25 to 36 percent of exposures, and those become those inbound phone calls. And, as far as how to do that, I think we really need to get communities' buy-in. Whether it is the State that is the official agency that publishes the app, we need every town and university and church and synagogue to convince their members to participate in this process, because if you get densities of installed base, that works, right? If you could get 80 percent of a university community to install this app, then that works within the community. All of the exposures that occur within the university will be discovered much more quickly, and the ones that happen in the rest of the town, maybe not so much. But I think there is an opportunity for individual communities to bring their members in and convince them to install the app. We really need this to be--like wearing masks, it should be a community response. Mr. Gonzalez of Ohio. I think you are right, it is going to be community by community. I can just tell you for a fact that my most rural counties are not in. They are not going to go for contact tracing, signing up for the app. And I don't blame them, frankly. So, I think a different strategy would probably make sense for them. Mr. Perry, I want to shift to you. You mentioned something that I think is really important, which is, look, we talk about who is most vulnerable here. My fear from the beginning with this virus is that it would accentuate our biggest inequalities, and I think it has. It has shined a light on the fact that those who are most vulnerable are having the worst outcomes with the virus, I think. And when I think of how we can get ahead of that as the outbreak continues, I think of sort of how do we protect our low-income wage workers, our minority populations, those who can't socially distance, either at work or in the home. I am Hispanic. My family was born in Cuba. This beautiful lady here over my shoulder was my grandmother, who lived with us basically until she passed away. So, multigenerational households don't distance as well, just by nature of the living conditions. With that in mind, one thing that I have started working on that we are going to drop here soon would be a grant program which would allow hotels, on a voluntary basis, to convert to sort of COVID housing places, so that if you then get the virus and you can't distance at home, you have an option of checking into a hotel, which would be picked up by the government. Just as a general concept, I would love to just get your thoughts on that as a way to help our communities who can't distance for a variety of reasons, giving them an option if they pick up the virus to self-quarantine in a way that is safe and won't affect the whole family. Mr. Perry. As was mentioned, contact tracing must be paired with other social supports. And if they are not, you are really minimizing the impact of them. And so, I agree that there are a couple of areas that are critical. We need a housing response, and we need an employer response. Mr. Gonzalez of Ohio. Yes. Mr. Perry. And if we are not talking about unemployment insurance, if we are not talking about some type of workforce housing, housing for the sick, housing for the vulnerable, then the contact tracing mechanisms really will be limited in scope. Mr. Gonzalez of Ohio. Thank you, and I yield back. Chairman Foster. Thank you. And I would like to thank all of our witnesses for their testimony today. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. This hearing is now adjourned. [Whereupon, at 1:27 p.m., the hearing was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]