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ENTITIES.
WITH THAT I WOULD YIELD SUCH
TIME TO THE GENTLEMAN -- TO THE
CHAIRMAN AS HE MAY CONSUME.
THE GENTLEMAN FROM
MICHIGAN IS RECOGNIZED.
CHAIR.
I WANT TO RISE IN STRONG
SUPPORT OF THIS AMENDMENT.
I APPRECIATE MR. MULVANEY FOR
WORKING WITH THE COMMITTEE.
THIS IS A LIMITING AMENDMENT.
IT IS IN RESPONSE TO MAKING
SURE THAT THE INTENT OF THE
BILL MEETS THE LANGUAGE OF THE
BILL AND THIS IS WELL DONE TO
CONTINUE TO PROTECT PRIVACY AND
CIVIL LIBERTIES OF ALL
AMERICANS AND STILL ALLOW FOR
THE SHARE MALICIOUS SOURCE CODE
WITH THE PRIVATE SECTOR.
AND I WOULD YIELD BACK.
THE GENTLEMAN FROM
SOUTH CAROLINA.
-- MARYLAND.
I RISE IN
SUPPORT OF THE AMENDMENT.
THE GENTLEMAN IS
RECOGNIZED FOR FIVE MINUTES.
THIS
PROTECTS THE CIVIL LIBERTIES OF
THAT WE NEED TO PROTECT THEM
FROM A NATIONAL SECURITY
PERSPECTIVE AND I YIELD BACK.
THE GENTLEMAN YIELDS
BACK.
THE GENTLEMAN FROM SOUTH
I YIELD BACK THE
BALANCE OF MY TIME.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
THE QUESTION IS ON THE
GENTLEMAN FROM SOUTH CAROLINA.
THOSE IN FAVOR SAY AYE.
NO.
THE AYES HAVE IT.
THE AMENDMENT IS AGREED TO.
I ASK FOR THE
TAKING OF THE YEAS AND NAYS.
DOES THE GENTLEMAN
ASK FOR A RECORDED VOTE?
I DO.
PURSUANT TO CLAUSE 6
OF RULE 18, FURTHER PROCEEDINGS
ON THE AMENDMENT OFFERED BY THE
GENTLEMAN FROM SOUTH CAROLINA
WILL BE POSTPONED.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 9 PRINTED IN
HOUSE REPORT 112-454.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM ARIZONA RISE?
AT THE DESK.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 9
PRINTED IN HOUSE REPORT 112-454
OFFERED BY MR. FLAKE OF
PURSUANT TO HOUSE
RESOLUTION 631, THE GENTLEMAN
FROM ARIZONA, MR. FLAKE, AND A
MEMBER OPPOSED, EACH WILL
CONTROL FIVE MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEMAN FROM ARIZONA.
I THANK THE CHAIR.
THIS AMENDMENT IS
STRAIGHTFORWARD.
IT WOULD REQUIRE THE INSPECTOR
GENERAL OF THE INTELLIGENCE
COMMUNITY TO INCLUDE A LIST OF
FEDERAL AGENCIES AND
DEPARTMENTS RECEIVING
INFORMATION SHARED WITH THE
GOVERNMENT IN THE REPORT
ALREADY REQUIRED BY THE
UNDERLYING LEGISLATION.
THIS ACT IS AN IMPORTANT PIECE
OF LEGISLATION THAT WILL HELP
PRIVATE ENTITIES AND UTILITIES
PROTECT THEMSELVES FROM
CATASTROPHIC ATTACKS TO THEIR
NETWORKS BY CREATING THE
AUTHORITY FOR PRIVATE ENTITIES
AND UTILITIES TO VOLUNTARILY
SHARE INFORMATION.
H.R. 3523 AVOIDS PLACING COSTLY
MANDATES ON PRIVATE INDUSTRY
AND THE CREATION OF A NEW
REGULATORY STRUCTURE.
THAT'S WHAT I REALLY APPRECIATE
ABOUT THIS LEGISLATION AS I'M
SURE EVERYONE DOES, IT'S
VOLUNTARY.
AS WITH ANY NEW INTELLIGENCE
PROGRAM, HOWEVER, IT'S
INCUMBENT ON US TO MAKE SURE
ROBUST PROTECTIONS EXIST TO
SAFEGUARD PRIVACY RIGHTS.
THE INSPECTOR GENERAL REQUIRES
-- REPORT REQUIRED UNDER H.R.
3523 WILL PROVIDE A THOROUGH
REVIEW OF THE INFORMATION
SHARED UNDER THESE NEW
AUTHORITIES AND WILL ADDRESS
ANY IMPACTS SUCH SHARING HAS ON
THE PRIVACY AND CIVIL -- ON
PRIVACY AND CIVIL LIBERTIES,
ADDING THE LIST TO DEPARTMENTS
AND AGENCIES AS RECIPIENTS
WOULD ADD INFORMATION ON WHAT
GOVERNMENT AGENCIES EXACTLY --
WHICH GOVERNMENT AGENCIES
EXACTLY ARE RECEIVING SHARED
INFORMATION.
SUCH INFORMATION WILL FURTHER
MITIGATE THE RISK OF ABUSE TO
PRIVACY RIGHTS AND INCREASE THE
EFFECTIVENESS OF THE INSPECTOR
GENERAL'S REPORT.
I COMMEND MY COLLEAGUES FROM
MICHIGAN AND MARYLAND.
THEY'VE BEEN WORKING HARD TO
PUT TOGETHER THIS BIPARTISAN
MEASURE.
WORKING UP UNTIL THE VERY LAST
MINUTE TO ENSURE MEMBERS'
CONCERNS ARE ADDRESSED, AND I
BELIEVE THIS IS AN IMPORTANT
PIECE OF LEGISLATION.
I'D LIKE TO YIELD TO THE
GENTLEMAN FROM MICHIGAN SUCH
TIME AS HE MAY CONSUME.
MICHIGAN IS RECOGNIZED.
THANK YOU.
I WANT TO THANK THE GENTLEMAN
US.
THIS AGAIN WAS NEGOTIATED
AMENDMENT.
THE GENTLEMAN APPROACHED US
WITH CONCERNS TO MAKE SURE THAT
WITH THE I.G. REPORT ADEQUATELY
REFLECTED AND ALLOWED US TO
PERFORM THE ADEQUATE OVERSIGHT.
THIS AMENDMENT DOES THAT.
I APPRECIATE HIS WORK AND
EFFORT AND I THINK THIS
STRENGTHENS THE BILL AND
CONTINUES TO PROVIDE THE
AND PROTECTION OF
CIVIL LIBERTIES AND PRIVACY FOR
ALL AMERICANS.
I YIELD BACK MY
TIME.
DOES ANY MEMBER SEEK
RECOGNITION IN OPPOSITION?
THE GENTLEMAN FROM ARIZONA.
I JUST WANT TO SAY I
SUPPORT THE LEGISLATION AND THE
UNDERLYING BILL AND I WOULD
URGE SUPPORT OF THIS AMENDMENT
BALANCE OF MY TIME.
THE QUESTION IS ON
THE AMENDMENT OFFERED BY THE
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
. IN THE OPINION OF
THE CHAIR, THE YEAS HAVE IT AND
THE AMENDMENT IS AGREED TO.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 10 PRINTED IN
112-454.
IT IS NOW IN ORDER TO
CONSIDER AMENDMENT NUMBER 11.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM KANSAS RISE?
I HAVE AN AMENDMENT AT THE
AMENDMENT NUMBER 11
PRINTED IN HOUSE REPORT 112-454
OFFERED BY MR. POMPEO OF KANSAS.
THE GENTLEMAN FROM
KANSAS, MR. POMPEO AND A MEMBER
OPPOSED EACH WILL CONTROL FIVE
MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEMAN FROM KANSAS.
I APPRECIATE THIS
OPPORTUNITY TO OFFER A SECOND
AMENDMENT TO THIS INCREDIBLY
IMPORTANT PIECE OF LEGISLATION
THAT HAS BEEN WORKED ON FOR A
LONG TIME TO BALANCE THE
SECURITIES OF OUR NATION AND THE
STATES CITIZEN.
SIMILAR TO THE FIRST AMENDMENT I
OFFERED, THIS AMENDMENT
ADDRESSES SOME OF THE CONCERNS
RAISED BY ME, PRIVACY FOLKS AND
TO MAKE VERY CLEAR THE
INTENTIONS OF THIS LEGISLATION.
I TALKED EARLIER ABOUT THE
THREATS WE FACE TODAY.
IT'S REAL, IT'S FOREIGN,
DOMESTIC.
THESE CYBER ATTACKS ARE A RISK
TO OUR NATIONAL SECURITY AND OUR
ECONOMIC SECURITY.
AND I NOW STRONGLY SUPPORT THIS
LEGISLATION.
I HAVE HAD A CHANCE TO WORK WITH
CHAIRMAN ROGERS AND THE RANKING
MEMBER TO SOLID FILE LIMITATIONS
ON THIS LEGISLATION TO MAKE IT
CLEAR THAT THIS GOVERNMENT'S USE
OF THIS INFORMATION WILL BE
LIMITED.
I THINK SOME COINED INCORRECTLY
THAT THE CURRENT BILL COULD BE
READ TO PROVIDE NEW AUTHORITY TO
THE FEDERAL GOVERNMENT AND TO
MONITOR TRAFFIC AND SEND IT BACK
TO THE GOVERNMENT WITH ABSOLUTE
THAT'S WRONG.
THIS AMENDMENT MAKES IT EVEN
MORE CLEAR.
THIS AMENDMENT MAKES CLEAR THAT
NOTHING IN THIS BILL WOULD ALTER
EXISTING AUTHORITIES OR NEW
AUTHORITY TO ANY ENTITY TO A
CYBERSECURITY SYSTEM ON A
PRIVATE SECTOR SYSTEM OR
I'M PLEASED TO SUPPORT THE
LEGISLATION AND DOESN'T CREATE
ANY NEW REGULATORY REGIME OR ANY
MORE FEDERAL BUREAUCRACY AND HAS
NO ADDITIONAL SPENDING.
I URGE MY COLLEAGUES TO SUPPORT
THIS AMENDMENT AND THE
UNDERLYING LEGISLATION.
I RESERVE.
FOR WHAT PURPOSE DOES
THE GENTLEMAN FROM MICHIGAN
RISE?
I YIELD TIME.
THIS IS AN IMPORTANT
AND I THINK IT ALLEVIATES SOME
OF THE CONCERNS THAT WERE
MISGUIDED BUT THIS MAKES IT VERY
TIGHT AND MAKES IT VERY CLEAR OF
THE LIMITING OF THIS
INFORMATION, WHICH IS THE INTENT
OF THIS BILL.
I THINK THIS
AMENDMENT ADDRESSES THE PRIVACY
AND CIVIL LIBERTIES ADVOCATES'
CLAIMS THAT THE LIABILITY
PROTECTION IN THE BILL WITH
RESPECT TO THE USE OF
CYBERSECURITY SYSTEMS COULD BE
READ TO BE BROADER THAN THE
ACTIVITIES AUTHORIZED BY THE
LEGISLATION.
AS I SAID, THAT WAS NOT TRUE AND
CERTAINLY NOT THE INTENT.
THIS AMENDMENT MAKES THAT VERY
CLEAR IN THE BILL THAT THAT
WOULD NOT BE ITS PURPOSE AND IT
IS A LIMITING AMENDMENT AND I
STRONGLY SUPPORT THIS AMENDMENT.
WELL.
AND I YIELD BACK MY TIME.
DOES ANY MEMBER SEEK
OPPOSITION TO THE GENTLEMAN'S
AMENDMENT?
THE GENTLEMAN FROM KANSAS?
I YIELD BACK THE
BALANCE OF MY TIME.
THE GENTLEMAN YIELDS
THE QUESTION IS ON THE AMENDMENT
OFFERED BY THE GENTLEMAN FROM
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
THE CHAIR, THE
YEAS HAVE IT AND THE AMENDMENT
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 12 PRINTED IN
HOUSE REPORT 112-454.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM GEORGIA SEEK
RECOGNITION?
I HAVE AN AMENDMENT
AT THE DESK.
AMENDMENT NUMBER 2
FRINTED IN HOUSE REPORT 112-454
OFFERED BY MR. WOODALL OF
GEORGIA.
THE GENTLEMAN FROM
GEORGIA, MR. WOODALL, AND A
MEMBER OPPOSED EACH WILL CONTROL
FIVE MINUTES.
THE CHAIR RECOGNIZES THE
SIMPLE AMENDMENT.
WHAT WE'RE DOING HERE IN THIS
BILL TODAY TO THE GREAT CREDIT
OF THE CHAIRMAN AND RANKING
MEMBER IS INSTITUTING A
VOLUNTARY SYSTEM BY WHICH OUR
PRIVATE COMPANIES AND UTILITIES
CAN COOPERATE IN THE NAME OF
SECURING AMERICA'S CYBER SPACE.
SO OFTEN IS
WHEN THE FEDERAL GOVERNMENT
CREATES A VOLUNTARY STANDARD,
THOSE FOLKS WHO CHOOSE NOT TO
PLAY ARE SUBJECT TO NEW
LIABILITIES BECAUSE THEY
STANDARD.
IF IT IS GOING TO BE A TRULY
VOLUNTARY STANDARD WE HAVE TO BE
SURE THOSE WHO REJECT IT ARE NOT
HELD TO ANY NEW LIABILITIES.
THAT WAS THE INTENT OF THE
COMMITTEE WHEN THEY CRAFTED THAT
LEGISLATION.
MY AMENDMENT MAKES IT CLEAR THAT
NEW -- NO NEW LIABILITIES ARISE
THAT CHOOSE NOT TO PARTICIPATE
IN THIS CYBERSECURITY
COOPERATIVE REGIME.
AND I RESERVE.
THE GENTLEMAN
TIME.
ANY MEMBER SEEK RECOGNITION IN
OPPOSITION?
THE GENTLEMAN FROM GEORGIA?
CHAIR.
WITH THAT, I THANK THE RANKING
MEMBER AND THE CHAIRMAN FOR
THEIR TREMENDOUS OPENNESS
THROUGHOUT THIS ENTIRE PROCESS,
AFTER BRIEFING, PHONE
CALL AFTER PHONE CALL, THEY MADE
THEMSELVES AVAILABLE TO MEMBERS
ON BOTH SIDES OF THE AISLE TO
GET OUR QUESTIONS ANSWERED IN
SOMETIMES WHAT IS A DIFFICULT
AREA TO UNDERSTAND AND DIGEST
AND I THANK THEM FOR THEIR
LEADERSHIP AND I YIELD BACK.
THE QUESTION IS ON
THE AMENDMENT OFFERED BY THE
GENTLEMAN FROM GEORGIA.
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
IN THE OPINION OF THE CHAIR, THE
ASTE HAVE IT AND THE AMENDMENT
IS AGREED TO.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 13.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM VIRGINIA SEEK
RECOGNITION?
TO OFFER AN
AMENDMENT NUMBER 39.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMENT 13
PRINTED IN HOUSE REPORT 112-454
VIRGINIA.
THE GENTLEMAN FROM
VIRGINIA, MR. GOODLATTE, AND A
MEMBER OPPOSED, EACH WILL
FIVE MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEMAN FROM VIRGINIA.
DEMRAT GOODLATTE THANK YOU,
MADAM CHAIRMAN, I RISE TO OFFER
AN AMENDMENT.
THIS AMENDMENT IS A RESULT OF A
LONG SERIES OF DISCUSSIONS AND
VARIOUS PRIVACY AND CIVIL
LIBERTIES GROUPS.
AS MANY KNOW I HAVE LONG WORKED
WITH THESE GROUPS AND INDUSTRY
TO MAKE SURE WHERE CONGRESS ACTS
WITH RESPECT TO TECHNOLOGY IT
DOES SO IN A WAY THAT IS
THOUGHTFUL, INTELLIGENT AND
SHOWS RESPECT FOR PRIVACY AND
CIVIL LIBERTIES.
CONGRESS CAN DRAFT LEGISLATION
THAT ALLOWS THE PRIVATE SECTOR
TO FLOURISH WHILE PROTECTING THE
RIGHTS OF AMERICANS.
THIS AMENDMENT SEEKS TO MOVE THE
PATH.
TO DO SO, THIS AMENDMENT
CAREFULLY NARROWS THE
DEFINITIONS OF THE KEY TERMS IN
THE BILL, CYBER THREAT
INFORMATION, CYBER THREAT INTELL
AGAINST, CYBERSECURITY PURPOSES
AND CYBERSECURITY SYSTEMS AND
ADDS IN THREE NEW DEFINITIONS
FROM THE EXISTING LAW.
TOGETHER, THESE NEW DEFINITIONS
ENSURE THAT COMPANIES IN THE
PRIVATE SECTOR CAN PROTECT
THEMSELVES AGAINST VERY REAL
CYBER THREATS.
AT THE SAME TIME, THEY LIMIT
WHAT INFORMATION THE PRIVATE
SECTOR CAN IDENTIFY, OBTAIN AND
SHARE WITH OTHERS.
AND THEY DO SO IN A WAY THAT IS
TECHNOLOGY-NEUTRAL SO THE
DEFINITIONS WE WRITE INTO LAW
TODAY DO NOT BECOME OBSOLETE
BEFORE THE INK IS DRY.
THESE DEFINITIONS REMOVE
LANGUAGE THAT COULD HAVE BEEN
INTERPRETED IN BROAD WAYS.
THEY REMOVE OR MODIFY
DEFINITIONS THAT COULD HAVE BEEN
THOUGHT TO COVER THINGS THAT THE
BILL DID NOT INTEND TO COVER,
LIKE UNAUTHORIZED ACCESS TO A
SYSTEM OR NETWORK THAT PURELY
INVOLVES VIOLATIONS OF A TERMS
OF SERVICE.
THESE REVISED DEFINITIONS ALSO
RELY IN PART ON EXISTING LAW TO
COVER THE APPROPRIATE SET OF
THREATS TO NETWORKS AND SYSTEMS
BEING OVERLY BROAD.
I WOULD NOTE THESE DEFICIENTAL
CHANGES ARE IMPORTANT ON THEIR
OWN FOR THE NARROWING FUNCTION
THEY SERVE IN GROUPS LIKE THE
CENTER FOR DEMOCRACY AND
TECHNOLOGY, THIS AMENDMENT
REPRESENTS, QUOTE, IMPORTANT
PRIVACY IMPROVEMENTS END QUOTE.
THE CHANGE TO THE DEFINITION
ADDRESSES A NUMBER OF COMMITTEE
ISSUE RAISED BY A VARIETY OF
GROUPS AND MANY IN THE INTERNET
USER COMMUNITY.
THIS MOVES THE IMPORTANT BILL IN
AN EVEN BETTER DIRECTION.
TIME.
THE GENTLEMAN
RESERVES THE BALANCE OF HIS
TIME.
DOES ANY MEMBER SEEK RECOGNITION
IN OPPOSITION TO THE GENTLEMAN'S
AMENDMENT?
THE GENTLEMAN FROM MARYLAND.
I RISE IN
OPPOSITION BUT I DO NOT OPPOSE
THE AMENDMENT.
WITHOUT OBJECTION.
I YIELD ONE
MINUTE --
THE GENTLEMAN FROM
TEXAS IS RECOGNIZED.
ANY TIME THE GOVERNMENT GETS
INVOLVED THERE IS A POSSIBILITY
FOR ABUSE.
I HEAR FROM MY CONSTITUENTS IN
TEXAS THAT THEY CONTINUE TO LOSE
INFORMATION TO CYBER ATTACKS
FROM ABROAD.
MOST OF THESE ATTACKS COME FROM
NONE OTHER THAN THE ORGANIZED
CRIME SYNDICATE OF CHINA AS I
CALL IT.
THEY STEAL OUR INTELLECTUAL
PROPERTY AND USE THE STOLEN
INFORMATION TO COMPETE AGAINST
THE UNITED STATES.
WE NEED A COMMONSENSE
INFORMATION SHARING SYSTEM TO
COMBAT THE THREAT OF THIS WAY OF
LIFE WE HAVE IN AMERICA.
WE HAVE TO DO IT IN SUCH A WAY
THAT PROTECTS OUR PRIVACY AND
CONSTITUTIONAL RIGHTS OF
WHILE THE INTENT OF THE BASE
BILL WASN'T TO HAVE THE
GOVERNMENT USE INFORMATION IT
OBTAINED.
I BELIEVE IT IS CLEAR AND SIMPLE
LANGUAGE IN MR. GOODLATTE'S
AMENDMENT IS NECESSARY TO MAKE
IT 100% THAT THIS IS STRICTLY
PROHIBITED.
AS WE REMEMBER FROM THE 2012
DEBATE IT IS IMPORTANT
ESPECIALLY IN DEALING WITH
LEGISLATION THAT AFFECTS CIVIL
LIBERTIES AND CONSTITUTIONAL
RIGHTS, CONGRESS NEEDS TO BE
PERFECTLY, 100% CLEAR.
AND I BELIEVE THE GOODLATTE
AMENDMENT DOES THIS.
I URGE ALL MEMBERS TO SUPPORT
IT.
HAS EXPIRED.
THE GENTLEMAN FROM VIRGINIA.
I YIELD ONE
MINUTE TO THE CHAIRMAN OF THE
ROGERS.
THE GENTLEMAN FROM
MICHIGAN IS RECOGNIZED FOR ONE
MINUTE.
I THANK MR.
GOODLATTE FOR HIS COMMONSENSE
AMENDMENT.
AGAIN, THIS IS WORKING TO MAKE
SURE THAT THIS BILL IS
RESTRICTED FOR BOTH INFORMATION,
PRIVACY AND CIVIL LIBERTIES AND
WHY THE COALITION CONTINUES TO
GROW BECAUSE OF GOOD FOLKS LIKE
MR. GOODLATTE AND I URGE THE
BODY'S SUPPORT FOR THE GOODLATTE
AMENDMENT AND I YIELD BACK.
THE GENTLEMAN FROM
VIRGINIA YIELD BACK?
I'M NOT AWARE OF
ANY OTHER SPEAKERS.
I WOULD URGE MY COLLEAGUES TO
SUPPORT THE AMENDMENT.
IT IS AS THE CHAIRMAN INDICATED
AND RANKING MEMBER INDICATED,
BIPARTISAN LEGISLATION THAT WILL
IMPROVE THE UNDERLYING BILL IN
SIGNIFICANT WAYS AND PROTECT THE
CIVIL LIBERTIES OF AMERICAN
CITIZENS IN A MORE CLEAR
FASHION.
I THANK ALL OF THOSE IN THE
CHAMBER AND OUTSIDE WHO
CONTRIBUTED IDEAS TO HELP US
CRAFT THIS AMENDMENT AND URGE
ALL OF MY COLLEAGUES TO SUPPORT
IT.
AND I YIELD BACK.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
THE QUESTION IS ON THE AMENDMENT
OFFERED BY THE GENTLEMAN FROM
VIRGINIA,
THOSE OPPOSED, NO.
IN THE OPINION OF THE CHAIR, THE
YEAS HAVE IT AND THE AMENDMENT
IS AGREED TO.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM MICHIGAN RISE?
I WOULD ASK FOR A
RECORDED VOTE.
PURSUANT TO CLAUSE 6
OF RULE 18, FURTHER PROCEEDINGS
ON THE AMENDMENT OFFERED BY THE
GENTLEMAN FROM VIRGINIA WILL BE
POSTPONED.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM MICHIGAN --
I MOVE THAT THE
COMMITTEE DO NOW RISE.
THE QUESTION IS ON
THE MOTION THAT THE COMMITTEE DO
NOW RISE.
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
THE YEAS HAVE IT.
THE MOTION IS ADOPTED.
ACCORDINGLY, THE COMMITTEE
RISES.
THE COMMITTEE OF THE
WHOLE HOUSE HAVING HAD UNDER
CONSIDERATION DIRECTS ME TO
REPORT THAT IT HAS COME TO NO
RESOLUTION THEREON
CHAIR
OF THE COMMITTEE OF THE WHOLE OF
HAS HAD
UNDER CONSIDERATION H.R. 3253.
DURING FURTHER CONSIDERATION
OF H.R. 3523 PURSUANT TO HOUSE
RESOLUTION 631, AMENDMENTS
NUMBER 10 AND NUMBER 5 IN THE
HOUSE REPORT 112-454 MAY BE
CONSIDERED OUT OF SEQUENCE.
IS
THERE OBJECTION?
WITHOUT OBJECTION, SO ORDERED.
. PURSUANT TO HOUSE
RESOLUTION 631 AND RULE 18, THE
CHAIR DECLARES THE HOUSE IN THE
COMMITTEE OF THE WHOLE HOUSE ON
THE STATE OF THE UNION FOR
FURTHER CONSIDERATION OF H.R.
3523.
WILL THE GENTLEWOMAN FROM WEST
VIRGINIA, MRS. CAPITO, KINDLY
RESUME THE CHAIR.
THE HOUSE IS IN THE
COMMITTEE OF THE WHOLE HOUSE ON
THE STATE OF THE UNION FOR THE
FURTHER CONSIDERATION OF H.R.
3523 WHICH THE CLERK WILL
REPORT BY TITLE.
A BILL TO PROVIDE
FOR THE CERTAIN SHARING
OTHER PURPOSES.
OF THE WHOLE ROSE EARLIER
TODAY, A REQUEST FOR A RECORDED
VOTE ON AMENDMENT NUMBER 13
PRINTED IN HOUSE REPORT 112-454
BY THE GENTLEMAN FROM VIRGINIA,
MR. GOODLATTE, HAD BEEN
POSTPONED.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 14 PRINTED IN
HOUSE REPORT 112-454.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM OHIO RISE?
MADAM CHAIR,
AMENDMENT AT THE DESK.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 14
PRINTED IN HOUSE REPORT 112-454
OFFERED BY MR. TURNER OF OHIO.
PURSUANT TO HOUSE
RESOLUTION 631, THE GENTLEMAN
FROM OHIO, MR. TURNER, AND A
MEMBER OPPOSED, EACH WILL
CONTROL FIVE MINUTES.
THE CHAIR RECOGNIZES THE
THANK YOU, MADAM
CHAIRMAN.
THIS AMENDMENT WOULD MAKE A
TECHNICAL CORRECTION TO THE
DEFINITION SECTION OF THIS BILL
TO ENSURE THAT U.S.
POLICIES REMAIN
CONSISTENT FOR PROTECTIONS
AGAINST THREATS TO OUR
NETWORKS.
THIS AMENDMENT WILL MAINTAIN
CONSISTENCY AMONG THIS BILL AND
OTHER CYBERSECURITY POLICIES.
THE TERMS, QUOTE, DENY,
DEGRADE, DISRUPT, DESTROY, ARE
FOUND THROUGHOUT OUR NATIONAL
SECURITY STRATEGY AND GUIDANCE
GUIDE WAS EMITTED FROM H.R.
3523.
INSERTING IT WILL MAKE -- THE
INCREASE IN CYBERSECURITY
INCIDENCES LED TO THE
DEVELOPMENT OF CENTERS LIKE THE
AIR FORCE'S CYBERSPACE
TECHNICAL OF EXCELLENCE IN MY
DISTRICT IN DEYTON, OHIO.
TO COMBAT THIS GROWING TREND IN
THE SOPHISTICATION OF
CYBERATTACKS, THE CENTER OF
TECHNICAL EXCELLENCE HAS BEEN
TURNED TO THAT FOCUS.
THE NEED TO PROTECT U.S.
NETWORKS FROM DENIAL OF SERVICE
ATTACKS WAS MADE CLEAR THREE
2007 ESTONIA WAS
DENIED SERVICE ATTACKS AGAINST
GOVERNMENT WEBSITES, BANKS,
UNIVERSITIES AND ESTONIA
NEWSPAPERS.
I URGE ALL OF MY COLLEAGUES TO
SUPPORT THIS AMENDMENT AND THE
UNDERLYING BILL.
WITH THAT I RESERVE THE BALANCE
OF MY TIME.
THE GENTLEMAN
TIME.
THE GENTLEMAN FROM MICHIGAN IS
CHAIR WOMAN.
THIS IS AN IMPORTANT
CLARIFICATION AMENDMENT AND
WORKING WITH US TO IMPROVE THE
STATUS OF THE BILL TO MAKE SURE
THAT WE ARE ABLE TO PROTECT
AMERICA'S NETWORKS INCREASES
THE ABILITY FOR US TO PROTECT
PRIVACY ANDIVELY LIBERTIES.
I'D APPRECIATE THE GENTLEMAN'S
I ENCOURAGE THE HOUSE TO
SUPPORT THE TURNER AMENDMENT.
DOES ANY MEMBER SEEK
RECOGNITION IN OPPOSITION?
THE GENTLEMAN FROM OHIO.
YIELD BACK THE BALANCE OF MY
TIME.
THE GENTLEMAN FROM
OHIO YIELDS BACK THE BALANCE OF
THE QUESTION IS ON THE
AMENDMENT OFFERED BY THE
GENTLEMAN FROM OHIO.
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
THE AYES HAVE IT.
THE AMENDMENT IS AGREED TO.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 15 PRINTED IN
HOUSE REPORT 112-454.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM SOUTH CAROLINA
SEEK RECOGNITION?
--
MR. MULVANEY
I HAVE AMENDMENT AT THE DESK.
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 15
OFFERED BY MR. MULVANEY OF
SOUTH CAROLINA.
PURSUANT TO HOUSE
RESOLUTION 454, THE GENTLEMAN
FROM SOUTH CAROLINA, MR.
MULVANEY, AND A MEMBER OPPOSED,
EACH WILL CONTROL FIVE MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEMAN FROM SOUTH CAROLINA.
THIS BILL WILL
SUNSET IN FIVE YEARS.
BY ITS OWN TERMS, IF THE BILL
IS PASSED, IT WILL
AUTOMATICALLY CEASE TO BE
ENFORCEABLE AFTER FIVE YEARS
UNLESS THIS CONGRESS ACTS TO
AFFIRM IT.
SEVERAL PEOPLE SAY THAT ONE OF
THE BIGGEST DIFFICULTIES WE'RE
HAVING IN THIS TOWN IS WE
SIMPLY CREATE LAWS ALL THE TIME
AND WE NEVER GO AWAY.
SO GENERALLY SPEAKING I THINK
SUNSET CLAUSE RS TO BE ADMIRED
AND ENCOURAGED -- CLAUSES ARE
TO BE ADMIRED AND ENCOURAGED.
WE HAVE CONCERNS REGARDING --
FOR INDIVIDUAL LIBERTIES.
WE WORKED VERY, VERY HARD TO
MAKE THIS BILL IS GOOD BILL.
IT'S AN EXCELLENT BILL.
THIS BILL.
BUT EVERY SINGLE TIME WE START
MOVING INTO THE REALM WHERE THE
GOVERNMENT ACTION STARTS TO
BUMP UP AGAINST INDIVIDUAL
LIBERTIES, IT'S A GOOD IDEA TO
TAKE A PAUSE AFTER A CERTAIN
AMOUNT OF TIME, IN THIS CASE,
FIVE YEARS, LOOK AT THE
IMPLEMENTATION OF THE BILL AND
MAKE SURE WE DID WHAT WE
THOUGHT WE WERE GOING TO DO.
FINALLY I THINK IN A CASE WHEN
WE'RE DEALING WITH TECHNOLOGY,
WHICH MOVES SO VERY RAPIDLY,
THAT WE'VE WRITTEN THIS BILL AS
TO TRY TO
ANTICIPATE TECHNOLOGY AND
DEVELOPMENT BUT WHEN YOU DEAL
WITH TECHNOLOGY THAT MOVES SO
RAPIDLY AND CHANGES SO QUICKLY
WE THINK AFTER A CERTAIN PERIOD
OF TIME, IN THIS CASE FIVE
YEARS, TO STEP BACK, LOOK OUR
HANDS OVER AND MAKE SURE THINGS
WORKED EXACTLY AS WE THOUGHT
THEY WOULD.
SO FOR THAT REASON, MADAM
CHAIRMAN, I ASK THAT THIS
AMENDMENT BE CONSIDERED AND BE
APPROVED AND WITH THAT I YIELD
BACK THE BALANCE OF MY TIME.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
DOES ANY MEMBER SEEK
RECOGNITION IN OPPOSITION TO
THE MEMBER'S AMENDMENT?
THE QUESTION IS ON THE
AMENDMENT OFFERED BY THE
GENTLEMAN FROM SOUTH CAROLINA.
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
THE AYES HAVE IT.
MADAM CHAIR.
SOUTH CAROLINA.
ON THAT I ASK FOR
A RECORDED VOTE.
PURSUANT TO CLAUSE 6
OF RULE 18, FURTHER PROCEEDINGS
ON THE AMENDMENT OFFERED BY THE
GENTLEMAN FROM SOUTH CAROLINA
WILL BE POSTPONED.
IN ORDER TO CONSIDER
AMENDMENT NUMBER 5.
FOR WHAT PURPOSE DOES THE
GENTLEWOMAN FROM TEXAS SEEK
RECOGNITION?
MADAM CHAIR, I
HAVE AMENDMENT AT THE DESK.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 5
PRINTED IN HOUSE REPORT 112-454
TEXAS.
PURSUANT TO HOUSE
RESOLUTION 631, THE GENTLEWOMAN
FROM TEXAS, MS. JACKSON LEE,
AND A MEMBER OPPOSED, EACH WILL
CONTROL FIVE MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEWOMAN FROM TEXAS.
THANK YOU VERY
MUCH, MADAM CHAIR.
LET ME THANK YOU FOR YOUR
LET ME THANK THE CHAIRPERSON
FOR HIS COURTESY AND THE
RANKING MEMBER FOR HIS
I WAS VERY APPRECIATIVE WITH
THE OVERLAPPING COMMITTEE WORK
FOR THE COURTESY OF THE FLOOR.
I THANK YOU VERY MUCH.
LET ME HOLD UP THE CONSTITUTION
AND SAY THAT I BELIEVE IN THE
CONSTITUTION AND THE BILL OF
RIGHTS, PARTICULARLY PROTECTS
US AGAINST SEARCH AND SEIZURE
AND I RECOGNIZE THE BIPARTISAN
EFFORT OF THIS PARTICULAR
LEGISLATION AND RECOGNIZE THAT
WE MAY HAVE DISAGREEMENT.
MY AMENDMENT ENSURES THAT A
COMPREHENSIVE POLICIES AND
PROCEDURES IMPLEMENTED BY THE
DEPARTMENT OF HOMELAND SECURITY
TO PROTECT FEDERAL SYSTEMS FROM
CYBERSECURITY THREATS AND
MINIMIZE THE IMPACT ON PRIVACY.
WHAT IT DOES NOT DO IS ALLOW
HOMELAND SECURITY AND THE
JUSTICE DEPARTMENT TO SPY ON
LET ME BE VERY CLEAR.
IT DOES NOT ALLOW THE
INFRASTRUCTURE OF HOMELAND
SECURITY AND THE JUSTICE
DEPARTMENT TO SPY ON AMERICANS.
I WOULD NOT ADHERE TO THAT.
IT IS A SHAME THAT OVERSIGHT OF
OUR NATION'S CRITICAL
INFRASTRUCTURE, HOWEVER, WAS
NOT INCLUDED IN THIS BILL.
THE HARD WORK THAT HAS BEEN
DONE BY THE COMMITTEE OF
HOMELAND SECURITY, MR. LUNGREN
AND MS. CLARKE, JOINED WITH
OTHER MEMBERS, WAS WORTHY OF
CONSIDERATION.
I UNDERSTAND THE STRUCTURE
DEALING WITH.
WE WOULD ALLOW THE DEPARTMENT
OF HOMELAND SECURITY TO PROTECT
FEDERAL SYSTEMS THAT ENABLE AIR
TRAFFIC CONTROLLERS TO OPERATE.
MADAM CHAIR PERSON, WE KNOW THE
CLIMATE THAT WE LIVE IN.
GOD HAS BLESSED US, IF I MIGHT
EVEN SAY THAT, BUT MORE
IMPORTANTLY THE HARD WORK OF
MEN AND WOMEN WHO HAPPEN TO BE
FEDERAL EMPLOYEES THAT NO
ACTION HAS OCCURRED ON OUR SOIL
SINCE 9/11.
THIS AMENDMENT WOULD ALLOW THE
DEPARTMENT OF HOMELAND SECURITY
TO PROTECT FEDERAL SYSTEMS THAT
ENABLE AIR TRAFFIC CONTROLLERS
TO OPERATE, THAT ENABLES
CONGRESS TO OPERATE, THAT
ENABLES ALL FEDERAL AGENCIES TO
OPERATE.
MY AMENDMENT IS INTENTIONALLY
NARROWLY TAILORED TO GO AFTER
KNOWN OR REGIONAL THREATS TO
OUR FEDERAL SYSTEMS.
LET ME BE VERY CLEAR, THIS IS
NOT A REFLECTION ON THIS
LEGISLATION FROM THE EXTENT OF
HARD WORK.
I AM JUST SAYING THAT COMING
FROM MY PERSPECTIVE I WOULD
HOPE THAT WE WOULD LOOK AT
INFRASTRUCTURE.
I'M NOT ADVOCATING FOR THE
BILL.
I'M ADVOCATING FOR AN OPEN
DISCUSSION ON THIS ISSUE THAT
CERTAIN ELEMENTS TO -- HAVE TO
BE RESOLVED DEALING WITH
CYBERTHREATS THAT WE FACE.
I HAVE LONG BEEN AN ADVOCATE TO
PROTECTING THE RIGHTS OF
PRIVACY AND THE CIVIL LIBERTIES
OF ALL AMERICANS.
THAT IS VERY MUCH A PART OF
THIS AMENDMENT, BUT I'M ALSO
MINDFUL OF THE IMPORTANCE OF
THE INFRASTRUCTURE.
AS WE HAVE SAID, CYBERSECURITY
MEASURES AND TAKE STEPS TO
IMPLEMENT LEGISLATION, I
BELIEVE WE MUST ENSURE OR BE
SURE THAT TO STRIKE THE PROPER
BALANCE BETWEEN EFFECTIVE AND
STRONG SECURITY FOR OUR DIGITAL
NETWORKS AND PROTECTING THE
PRIVACY OF INDIVIDUALS AS WELL
AS INFRASTRUCTURE THAT INVOLVES
TRANSPORTATION.
I AM EVER MINDFUL THAT WE MUST
BE CAREFUL NOT TO GO ABOUT
STRENGTHENING CYBERSECURITY AT
THE EXPENSE OF INFRINGING ON
PEOPLE'S PRIVACY RIGHTS AND
CIVIL LIBERTIES WHICH IS WHY MY
AMENDMENT IS NARROWLY TAILORED
AND SETS CLEAR RESTRICTIONS ON
THE SCOPE OF COMMUNICATIONS
ADDRESSED AND WHY AND HOW THAT
INFORMATION CAN BE USED.
OUR NATION'S CRITICAL
INFRASTRUCTURES ARE COMPOSED OF
PUBLIC AND PRIVATE INSTITUTIONS
IN THE SECTORS OF AGRICULTURE,
FOOD, WATER, PUBLIC HEALTH,
EMERGENCY SERVICES, GOVERNMENT
DEFENSE, INDUSTRIAL BASED,
TELECOMMUNICATIONS, BANKING AND
FINANCE, CHEMICALS AND
HAZARDOUS MATERIALS.
IT IS DESIGNED TO DO SO.
I ASK MY COLLEAGUES TO SUPPORT
THE AMENDMENT.
FOR WHAT PURPOSE
DOES THE GENTLEMAN FROM
MICHIGAN RISE?
OPPOSITION TO THE AMENDMENT.
THE GENTLEMAN IS
RECOGNIZED FOR FIVE MINUTES.
THANK YOU VERY
MUCH.
I WOULD YIELD MYSELF A MINUTE
AND A HALF.
THE GENTLEMAN IS
RECOGNIZED FOR A MINUTE AND A
HALF.
IF YOU THOUGHT IT
WAS GOOD FOR THE BUSINESSES TO
REQUIRE FACEBOOK TO GIVE YOU
THEIR PASSWORD, YOU'LL LOVE
THIS, IF NOT YOU SHOULD GO
APPEPLECTIC.
I WILL READ JUST FROM THE LAW.
NOTWITHSTANDING ANY OTHER
PROVISION, IT ALLOWS THEM TO
ACQUIRE, INTERCEPT, RETAIN, USE
AND DISCLOSE COMMUNICATIONS AND
OTHER SYSTEM TRAFFIC THAT ARE
TRANSITING TO AND FROM THE --
OR STORED ON THE FEDERAL SYSTEM
AND TO DEPLOY COUNTERMEASURES
WITH REGARD TO SUCH
COMMUNICATIONS AND SYSTEM
TRAFFIC FOR CYBERSECURITY
THIS IS DANGEROUS.
IT'S DANGEROUS FOR THE VERY
NARROW BILL THAT HAS BEEN
MISREPRESENTED FROM WHAT WE DO,
THIS IS BIG BROTHER ON
STEROIDS.
WE CANNOT ALLOW THIS TO HAPPEN.
THIS WOULD BE THE GOVERNMENT
TRACKING COMMUNICATIONS, YOUR
MEDICAL RECORDS FROM THE
VETERANS ASSOCIATION.
IT WOULD TRACK YOUR I.R.S.
FORMS COMING IN AND OUT OF THE
FEDERAL GOVERNMENT.
THIS IS EXACTLY WHAT SCARES
PEOPLE ABOUT TRYING TO GET INTO
THE BUSINESS OF MAKING SURE WE
PROTECT OUR NETWORKS BUT WE
CAN'T DO IT BY TRAMPLING
PRIVACY AND CIVIL LIBERTIES.
THIS IS AWFUL.
I -- I'M JUST SHOCKED THAT
AFTER ALL OF THIS DEBATE AND
ALL OF THIS DISCUSSION ON OUR
VERY NARROW BILL THAT MY
FRIENDS WOULD COME UP WITH
SOMETHING THAT WHOLESALE
MONITORS THE INTERNET AND GETS
THE INFORMATION THAT WE FOUGHT
TO PROTECT ON BEHALF OF
AVERAGE AMERICANS.
I WILL YIELD TWO MINUTES TO THE
GENTLEMAN FROM GEORGIA.
THE GENTLEMAN FROM
GEORGIA IS RECOGNIZED FOR TWO
MINUTES.
I WANT TO
YIELDING.
LET ME SAY THIS TO MY COLLEAGUE
FROM TEXAS THAT WE HAVE HAD A
NUMBER OF AMENDMENTS HERE TODAY
THAT HAVE TRIED TO STREAMLINE
THIS BILL, TO MAKE IT EVEN
NARROWER AND TO TAKE OUT ANY
PERCEPTION THAT IT WOULD BE
PERSONAL INFORMATION AND LIMIT
WHAT GOVERNMENT CAN DO AND BE
VERY EXPLICIT IN THE TERMS OF
WHAT THIS SHARING IS THAT IS
VOLUNTARY, THAT IT'S NARROWLY
DRAWN AND THE CHAIRMAN AND THE
RANKING MEMBER HAVE DONE A
WONDERFUL JOB WITH WORKING WITH
OTHER MEMBERS TO ALLOW THESE
AMENDMENTS TO MAKE THIS BILL
BETTER.
I'M VERY DISAPPOINTED, AND THIS
BILL.
IT EXPANDS IT TO WHERE
EVERYBODY THAT'S BEEN DOWN HERE
SO FAR HAS BEEN TRYING TO
NARROW IT IN.
THIS JUST EXPANDS IT EVEN MORE.
THIS IS THE TYPE OF AMENDMENT
THAT PEOPLE FEAR, THAT WE WOULD
GIVE HOMELAND SECURITY THE
ABILITY TO INTERCEPT THE
TRANSMISSIONS.
THAT IS TOTALLY OUT OF HAND,
AND I JUST HOPE THAT WE WILL
VOTE AGAINST THIS AMENDMENT AND
SUPPORT THE UNDERLYING BILL.
AND WITH THAT I YIELD BACK.
THE GENTLEMAN YIELDS
BACK HIS TIME.
THE GENTLEWOMAN FROM TEXAS.
I THANK YOU
VERY MUCH.
WHAT AN EXAGGERATION.
I KNOW THEY HAVE BEEN PROPELED
BY ALL OF THE MEDIA THAT HAS
GIVEN THEM GREAT SUPPORT.
LET ME JUST SAY THAT THEY KNOW
THAT THE BILL -- UNDERLYING
BILL, IN FACT, IS CONSIDERED AN
INVASION OF PRIVACY, BUT IF YOU
LOOK AT MY AMENDMENT, WHAT IT
DOES IS ONLY WHEN THE
COMMUNICATION IS ASSOCIATED
WITH KNOWN OR REASONABLY
RESPECTED -- SUSPECTED
CYBERSECURITY THREAT.
IT IS NARROW, BUT MORE
IMPORTANTLY IT IS HAS A PRIVACY
-- IT HAS A PRIVACY PROVISION.
I BELIEVE IN PRIVACY.
I WAS NOT GOING TO BE DENIED
THE RIGHT TO COME TO THE FLOOR,
TO BE ABLE TO FRAME WHAT WE
SHOULD BE DOING.
LOOKING AT INFRASTRUCTURE AND
THE COMPLEMENT OF MAKING SURE
THAT PRIVACY IS PROTECTED.
THIS PARTICULAR BOOK, EVEN WITH
THE AMENDMENTS THEY HAVE, WILL
NOT DRAW THIS TO THE POINT OF
ACCEPTANCE.
SO I WOULD ARGUE THAT THIS IS A
PRODUCTIVE DEBATE, BUT THE
AMENDMENT THAT JACKSON LEE
SUBMITTED DOES NOT IN FACT AT
ALL VIOLATE PRIVACY.
SO I WOULD SAY TO THEM I LOOK
FORWARD TO BE ABLE TO ADDRESS
THIS QUESTION AS WE GO FORWARD
AND I'M GOING TO ASK AT THIS
TIME UNANIMOUS CONSENT TO
WITHDRAW THIS AMENDMENT FOR THE
MISINTERPRETATION THAT MY
FRIENDS ON THE OTHER SIDE OF
THE AISLE HAVE PREDICTED OR
THOUGHT THEY WERE GOING TO PUT
I THANK THE SPEAKER.
IS THERE OBJECTION?
THE AMENDMENT IS WITHDRAWN.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 10 PRINTED IN
HOUSE REPORT 112-454.
FOR WHAT PURPOSE DOES THE
RECOGNITION?
I HAVE AN
AMENDMENT AT THE DESK.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 10
PRINTED IN HOUSE REPORT 112-454
OFFERED BY MRS. RICHARDSON OF
THE GENTLEWOMAN FROM
CALIFORNIA AND A MEMBER OPPOSED
EACH WILL CONTROL FIVE MINUTES
OF THE THE CHAIR RECOGNIZES THE
GENTLEWOMAN FROM CALIFORNIA.
I STAND IN
SUPPORT OF THE RICHARDSON
AMENDMENT, BUT I WOULD LIKE TO
THANK THE MAJORITY LEADER,
CHAIRMAN ROGERS AND RANKING
MEMBER FOR YOUR TOLERANCE IN
ALLOWING US TO COME TO THE
FLOOR.
I WAS RANKING MEMBER OF A
THAT WAS IN OPERATION
AT THIS TIME AND THANK YOU FOR
ALLOWING US TO COME FORWARD.
THE AMENDMENT ENSURES THAT
OWNERS AND OPERATORS OF CRITICAL
INFRASTRUCTURE SYSTEMS RECEIVE
INFORMATION ABOUT CYBER THREATS.
SOME EXAMPLES OF OUR CRITICAL
INFRASTRUCTURE SYSTEMS THAT THIS
AMENDMENT WOULD APPLY TO ARE
ENERGY FACILITIES, BANKING AND
FINANCE FACILITIES, CHEMICAL
FACILITIES, DAMS, EMERGENCY
SERVICES, AGRICULTURAL AND FOOD
SYSTEMS, WATER TREATMENT
SYSTEMS, MANY OF THESE THAT
WOULD BE IN GREAT DANGER AND
NEED INFORMATION.
EVERY SINGLE MEMBER OF CONGRESS
HAS CRITICAL INFRASTRUCTURE
SECTORS IN THEIR DISTRICT
WHETHER THEY BE PUBLIC OR
PRIVATE AND EVERY COMMUNITY IN
THIS NATION HAS SOME CRITICAL
INFRASTRUCTURE THAT SHOULD BE
PROTECTED AND ADVISED OF
THREATS.
IN MY DISTRICT I HAVE THE HOME
DEPOT ATHLETIC CENTER WHICH
HOLDS UP TO 27,000 PEOPLE.
THE LONG
BEACH POLICE AND FIRE
DEPARTMENT.
LONG BEACH OIL AND GAS
DEPARTMENT, WATER TREATMENT
FACILITIES.
THE NUMBERS GO ON.
WE NEED TO MAKE SURE THAT NOT
ONLY PORTS AND GOVERNMENT
FACILITIES BUT ALSO PRIVATE
FACILITIES ARE APPROVED AND
ENTITLED TO HAVE THE SAME
INFORMATION.
SOME INHERENT COMPLICATIONS ARE
THERE ARE 18 DIFFERENT FEDERAL
GOVERNMENT AGENCIES THAT HAVE
JURISDICTION OVER CRITICAL
INFRASTRUCTURE SECTORS.
THE DEPARTMENT OF HOMELAND
SECURITY HAS JURISDICTION OVER
CHEMICAL, DAMS AND EMERGENCY
SERVICES AND NUCLEAR POWER
H.R. 3523 DOES NOT MENTION HOW
CRITICAL INFRASTRUCTURE SECTORS
THAT DO NOT FALL WITHIN THE
JURISDICTION OF GOVERNMENT
INTELLIGENT AGENCIES WOULD
RECEIVE CRITICAL INFORMATION OR
HAVE SYSTEMS IN PLACE TO SHARE
INFORMATION APPROPRIATELY.
THIS AMENDMENT MAKES AN
LEGISLATION.
CHAIRMAN
ROGERS AND RANKING MEMBER
RUPERTS BERGER THAT THERE WAS
WAS A KEY FAULT HERE IN THIS KEY
CRITICAL INFRASTRUCTURE SECTION.
I'M PLEASED THAT THE RULES
COMMITTEE FOUND THIS AMENDMENT
IN ORDER AND URGE MY COLLEAGUES
TO CONSIDER THIS SERIOUSLY.
WHILE CHAIRMAN LUNGREN'S ORANGE
CYBER -- ORIGINAL CYBER BILL
DIDN'T MAKE IT TO THE FLOOR, I
OFFER THIS IN THE SAME SPIRIT.
MR. LUNGREN AND MR. LANGEVIN
SPOKE EARLIER ON THE BIPARTISAN
AMENDMENT REGARDING CRITICAL
INFRASTRUCTURE AND THAT IS HENCE
ME BUILDING MY COMMENTS ON THAT.
THE AMENDMENT ENSURES THAT OUR
CRITICAL INFRASTRUCTURE SECTORS
WILL NOT BE LEFT OUT BY
RECEIVING INFORMATION THAT COULD
PROTECT THEIR SYSTEMS AGAINST A
TERRORIST ATTACK.
THIS AMENDMENT MAKES SURE THAT
INDUSTRIES MOST AT RISK OF A
CYBER ATTACK RECEIVE INFORMATION
THAT THEY NEED TO PROTECT PT
PUBLIC AND THE FACILITIES AT
LARGE.
MY AMENDMENT MAKES EXPLICIT THAT
CRITICAL INFRASTRUCTURE SECTORS
BE INCLUDED IN
INFORMATION-SHARING
RELATIONSHIPS AND DOES NOT
INCLUDE ANY NEW FEDERAL
AUTHORITY.
WITH THAT, MADAM CHAIRMAN, I
URGE MY COLLEAGUES TO SUPPORT
THIS AMENDMENT NUMBER 10.
FOR WHAT PURPOSE DOES
THE GENTLEMAN FROM MICHIGAN SEEK
I RISE IN OPPOSITION
TO THE AMENDMENT.
THE GENTLEMAN IS
RECOGNIZED TORE FIVE MINUTES.
I APPRECIATE THE
GENTLELADY'S EFFORTS AGAIN.
WE WERE CAREFUL OF TRYING TO
FIND A NARROW SOLUTION BECAUSE
OF ALL OF THE CHALLENGES THAT
COME WITH TRYING TO GET A PIECE
OF LEGISLATION ACROSS THE HOUSE
TO THE SENATE AND THE
PRESIDENT'S DESK.
I ARGUE THAT THE HOMELAND
SECURITY COMMITTEE SHOULD ENGAGE
IN A CRITICAL INFRASTRUCTURE
DEBATE.
HERE'S THE PROBLEM.
NOT DEFINED FOR THE PURPOSES OF
THIS BILL SO WE DON'T KNOW WHAT
THIS MEANS.
WE HAVE BEEN CAREFUL TO SEPARATE
THE GOVERNMENT FROM THE PRIVATE
INVOLVEMENT IN THE
PRIVATE SECTOR NETWORK.
IT'S SOURCE CODE SHARING.
THIS, WE AREN'T SURE WHERE IT
GOES.
MANY IN INDUSTRY BELIEVE THEY
ARE TALKING ABOUT THE BACKBONE
OF THE INTERNET?
IT'S NOT WELL-DEFINED.
THAT WOULD MEAN THAT THE
GOVERNMENT FOR THE FIRST TIME
GETS INTO THE BACKBONE OF THE
INTERNET AND THAT IS A TERRIBLE
IDEA.
I DON'T THINK THAT'S WHAT THE
GENTLELADY INTENDS BUT THE
PROBLEM IS THAT'S WHAT THE
AMENDMENT SAYS.
I LOOK FORWARD AS SHE WORKS
THROUGH THOSE ISSUES.
THESE ARE HARD AND TRICKY.
SOMETIMES A WORD WILL GET YOU IN
TROUBLE AS WE HAVE FOUND ALONG
THE PATH.
WE SHOULD BE CAREFUL ABOUT HOW
WE ARE DOING THIS.
I ENCOURAGE THE GENTLELADY TO
WORK WITH US AND WE'LL PROVIDE
AND I KNOW MR. RUPPERSBERGER AND
WE CAN PROVIDE HELP AND WE LOOK
FORWARD TO THE PRODUCT YOU
WORKED ON THAT IS GEARED TOWARDS
THE INFRASTRUCTURE PIECE.
THIS WAS NEVER INTENDED TO SOLVE
PROBLEM BUT INTENDED TO
BE A VERY NARROW FIRST STEP THAT
SAYS IF YOUR HOUSE IS BEING
ROBBED, WE WANT TO TELL YOU
BEFORE THE ROBBER GETS THERE.
IF YOUR COMPUTER IS GOING TO GET
HACKED WE WANT YOU TO HAVE THE
MALICIOUS CODE TO PROTECT
YOURSELF.
THAT'S ALL THIS BILL DOES.
WE GET NERVOUS WHEN IT STARTS
CROSSING THAT DIVIDE THAT WE
HAVE ACCOMPLISHED BETWEEN THE
SECTOR.
WE DON'T WANT -- YOU START
CROSSING THAT DIVIDE, WE THINK
YOU COULD GET INTO SERIOUS
TROUBLE IN A HURRY WITHOUT
CLEARLY DEFINED LANGUAGE AND
DEFINITIONS.
I WOULD -- UNFORTUNATELY I HAVE
TO OPPOSE THE AMENDMENT BUT LOOK
FORWARD TO WORKING WITH THE
GENTLELADY IN A VERY IMPORTANT
ISSUE, INFRASTRUCTURE PROTECTION
ITS WORK.
AND I WOULD RESERVE THE BALANCE
OF MY TIME.
THE GENTLEMAN
TIME.
I CLAIM TIME
IN OPPOSITION TO THE AMENDMENT
ALTHOUGH I DO NOT OPPOSE THE
AMENDMENT
THE GENTLEMAN FROM
MICHIGAN YIELD TIME?
I YIELD SUCH TIME TO
MR. RUPPERSBERGER.
OUR BILL IS
EXTREMELY LIMITED AND WE ARE
ATTEMPTING TO ALLOW OUR
GOVERNMENT, INTELLIGENCE
COMMUNITY TO GIVE THE
INFORMATION THAT'S NECESSARY TO
PROTECT OUR CITIZENS FROM THESE
CYBER ATTACKS.
OURS IS THE MOST ACTIVE BILL
THAT IS OUT THERE NOW.
OUR BILL HOPEFULLY WILL PASS AND
GO TO THE SENATE AND LOT MORE
NEGOTIATIONS.
THERE IS A LOT MORE WORK TO DO
SUCH AS HOMELAND SECURITY.
AND I KNOW THERE ARE SOME ISSUES
INVOLVED IN HOMELAND SECURITY
MARKUP.
I KNOW THAT THERE ARE ISSUES
INVOLVING JUDICIARY.
AND I CAN SAY THIS.
I KNOW THAT THE CHAIRMAN AND I
FOR ONE YEAR NOW HAVE WORKED
VERY OPENLY WITH EVERY GROUP
THAT WE THINK WOULD BE INVOLVED
IN THIS BILL.
AND BECAUSE OF DIFFERENT
POSITIONS TAKEN, INCLUDING ACLU
AND OTHER POSITIONS AND THIS
IT
PASSES.
WE CLEARLY WILL WORK WITH YOU,
BUT WE ON THE INTELLIGENCE
OUR JURISDICTION.
AND THAT'S WHY A LOT OF THESE
ISSUES WE CAN'T DEAL WITH OTHER
THAN WHAT IS IN OUR BILL RIGHT
NOW.
I HAVE ONE MORE SPEAKER THAT IS
ON HIS WAY FOR THE BILL -- WHAT?
HE'S NOT COMING?
THEN I YIELD BACK.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
THE GENTLEWOMAN FROM CALIFORNIA.
AGAIN, I WOULD
LIKE TO THANK THE CHAIRMAN AND
THE RANKING MEMBER AND LOOK
FORWARD TO THE OPPORTUNITY TO
WORK WITH YOU.
I WOULD JUST GIVE YOU ONE
ANALOGY TO CONSIDER AS WE MOVE
FORWARD.
AS YOU RECALL ON 9/11 WHEN THE
PLANES HIT THOSE TWO TWIN
TOWERS, THE GOVERNMENT HAD THE
ABILITY TO NOTIFY THE PRIVATE
AIRLINES TO SCRAMBLE THE PLANES
AND DEMAND THAT ALL OF THE
PLANES WOULD BE LANDED BECAUSE
WE DIDN'T KNOW WHERE THEY WERE
GOING TO GO.
AT THAT POINT, THE GOVERNMENT
HAD THE ABILITY TO WORK WITH THE
PRIVATE SECTOR, WITH THE AIRLINE
INFORMATION.
THAT WE
INTERFERE WITH THE FREE-FLOWING
IDEAS OF THE INTERNET.
WHAT THIS AMENDMENT IS
SUGGESTING AND I LOOK FORWARD TO
WORKING WITH YOU IN THE FUTURE
IS THAT THE GOVERNMENT DOES HAVE
THE ABILITY IF IN THE EVENT
SOMETHING HAPPENS WITH DROPPING
SOME CHEMICALS INTO WATER
TREATMENT FACILITIES THAT THE
GOVERNMENT SHOULD HAVE THE
ABILITY TO WORK WITH THOSE
PRIVATE SECTOR COMPANIES TO BE
ABLE TO NOTIFY THEM AND ENSURE
THAT THE PUBLIC IS PROTECTED.
BUT I THANK YOU FOR HEARING THE
AMENDMENT.
I LOOK FORWARD TO WORKING WITH
YOU GOING FORWARD.
I THANK THE
GENTLELADY AND I LOOK FORWARD TO
THAT OPPORTUNITY AND YIELD BACK.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
THE THE GENTLEWOMAN FROM
CALIFORNIA YIELDS BACK.
THE QUESTION IS ON THE AMENDMENT
OFFERED BY THE GENTLEWOMAN FROM
CALIFORNIA.
THOSE OPPOSED, NO.
IN THE OPINION OF THE CHAIR, THE
NOES HAVE IT.
THE AMENDMENT IS NOT AGREED TO.
PURSUANT TO CLAUSE 6 OF RULE 18,
PROCEEDINGS WILL NOW RESUME ON
THOSE AMENDMENTS PRINTED IN
HOUSE REPORT 112-454 ON WHICH
FURTHER PROCEEDINGS WERE
POSTPONED IN THE FOLLOWING
ORDER.
AMENDMENT NUMBER 1, AMENDMENT
NUMBER 4, AMENDMENT NUMBER 6,
AMENDMENT NUMBER 7, AMENDMENT
NUMBER 8, AMENDMENT NUMBER 13 BY
MR. GOODLATTE OF VIRGINIA,
AMENDMENT NUMBER 15.
THE CHAIR WILL REDUCE TO TWO
MINUTES THE MINIMUM TIME FOR ANY
ELECTRONIC VOTE AFTER THE FIRST
VOTE IN THIS SERIES.
THE UNFINISHED BUSINESS IS
REQUEST FOR A RECORDED VOTE ON
AMENDMENT NUMBER 1 PRINTED IN
HOUSE REPORT 112-454 BY THE
GENTLEMAN FROM RHODE ISLAND, MR.
LANGEVIN, ON WHICH FURTHER
PROCEEDINGS WERE POSTPONED AND
VOTE.
AMENDMENT NUMBER 1
PRINTED IN HOUSE REPORT 112-454
OFFERED BY MR. LANGEVIN OF RHODE
ISLAND.
A RECORDED VOTE HAS
BEEN REQUESTED.
THOSE IN SUPPORT OF THE REQUEST
FOR A RECORDED VOTE SHALL RISE
AND BE COUNTED.
A SUFFICIENT NUMBER HAVING
ARISEN, A RECORDED VOTE IS
ORDERED.
MEMBERS WILL RECORD THEIR VOTES
BY ELECTRONIC DEVICE. THIS IS A
15-MINUTE VOTE.
[CAPTIONING MADE POSSIBLE BY THE
NATIONAL CAPTIONING INSTITUTE,
INC., IN COOPERATION WITH THE
UNITED STATES HOUSE OF
ANY USE OF THE CLOSED-CAPTIONED
COVERAGE OF THE HOUSE
PROCEEDINGS FOR POLITICAL OR
COMMERCIAL PURPOSES IS EXPRESSLY
REPRESENTATIVES.]
THE YEAS ARE 167, THE
NAYS ARE 243, THE AMENDMENT IS
NOT ADOPTED.
THE UNFINISHED BUSINESS IS THE
REQUEST FOR A RECORDED VOTE ON
AMENDMENT NUMBER 4 PRINTED IN
HOUSE REPORT 112-454, BY THE
GENTLEMAN FROM MICHIGAN, MR.
ROGERS, ON WHICH FURTHER
PROCEEDINGS WERE POSTPONED AND
THE AYES PREVAILED BY VOICE
VOTE.
THE CLERK WILL REDESIGNATE THE
AMENDMENT NUMBER 4
PRINTED IN HOUSE REPORT 112-454
OFFERED BY MR. ROGERS OF
A RECORDED VOTE HAS
BEEN REQUESTED.