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S5450 CONGRESSIONAL RECORD — SENATE July 26, 2012 Standing Rules of the Senate, hereby move communications infrastructure in the ate to fully debate and consider amend- to bring to a close debate on the nomination United States, shall be brought to a ments to this bill, but I want to make of Robert E. Bacharach, of Oklahoma, to be close? it clear that I have some significant United States Circuit Judge for the 10th Cir- The yeas and nays are mandatory concerns about this legislation and un- cuit. Harry Reid, Patrick J. Leahy, Thomas R. under the rule. less improvements are made, I cannot Carper, Tom Udall, Robert Menendez, The clerk will call the roll. support the legislation in its current Kirsten E. Gillibrand, Dianne Fein- The assistant legislative clerk called form. stein, Kent Conrad, Christopher A. the roll. At the outset, let me just say, I do Coons, Herb Kohl, Amy Klobuchar, Mr. DURBIN. I announce that the firmly believe that the Congress should Jack Reed, Ron Wyden, Richard J. Dur- Senator from North Dakota (Mr. CON- take action to address our Nation’s bin, Jeff Merkley, Richard Blumenthal, RAD) is necessarily absent. vulnerability to cyber threats. A cyber Sherrod Brown. Mr. KYL. The following Senators are attack on our critical infrastructure, Mr. REID. I ask unanimous consent necessarily absent: the Senator from whether it be our energy grid, a re- that the mandatory quorum under rule South Carolina (Mr. DEMINT), the Sen- gional water supply, or our financial XXII be waived. ator from Oklahoma (Mr. INHOFE), the markets, could significantly harm our The PRESIDING OFFICER. Without Senator from Illinois (Mr. KIRK), and economy, our national security, and objection, it is so ordered. the Senator from Utah (Mr. LEE). our way of life. However, the legisla- f Further, if present and voting, the tion before us today still needs signifi- cant improvement before it can become LEGISLATIVE SESSION Senator from South Carolina (Mr. DEMINT) would have voted ‘‘nay.’’ the law of the land. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Are there I have heard from many in Missouri, that the Senate resume legislative ses- any other Senators in the Chamber de- including many companies operating or sion. siring to vote? associated with the types of critical in- The PRESIDING OFFICER. Without The yeas and nays resulted—yeas 84, frastructure that will be subject to the objection, it is so ordered. nays 11, as follows: provisions of this legislation. They f [Rollcall Vote No. 185 Leg.] have raised concerns that, as currently structured, S. 3414 would create redun- CYBERSECURITY ACT OF 2012— YEAS—84 dant oversight structures and add addi- MOTION TO PROCEED—Continued Akaka Franken Mikulski Alexander Gillibrand Murkowski tional standards. Moreover, the bill Mr. REID. I ask unanimous consent Ayotte Graham Murray may have the effect of creating a new that at 3:30 p.m. today, the Senate pro- Begich Grassley Nelson (NE) Federal system that these entities will ceed to vote on the motion to proceed— Bennet Hagan Nelson (FL) have to comply with even though many Bingaman Harkin Portman or what we can do, we will start the Blumenthal Hatch Pryor already work within well-established vote at 3:25; and if somebody is going Blunt Hoeven Reed systems related to developing security to be a bit late, we will protect them Boozman Hutchison Reid standards and responding to cyber on that. Boxer Inouye Risch Brown (MA) Isakson Rockefeller threats. I cannot support legislation So I ask unanimous consent we start Brown (OH) Johnson (SD) Sanders that creates new and duplicative sys- voting at 3:25 p.m. today on the motion Burr Kerry Schumer tems that will impact Missouri busi- to proceed to S. 3414, the cybersecurity Cantwell Klobuchar Sessions nesses in a negative way. While ad- Cardin Kohl Shaheen bill. Carper Kyl Shelby dressing the critical national security The PRESIDING OFFICER. Without Casey Landrieu Snowe aspects of improving our Nation’s de- objection, it is so ordered. Chambliss Lautenberg Stabenow fenses against and ability to respond to Mr. REID. Madam President, I meant Coats Leahy Thune Coburn Levin Toomey cyber attacks, cybersecurity legisla- that request to be 3:22 p.m. Cochran Lieberman Udall (CO) tion must improve the regulatory The PRESIDING OFFICER. Without Collins Lugar Udall (NM) scheme and streamline processes for objection, it is so ordered. Coons Manchin Vitter businesses, not the opposite. Corker McCain Warner Mr. REID. All for my friend from Cornyn McCaskill Webb Additionally, the carrot-and-stick Louisiana. Crapo McConnell Whitehouse approach that is created by the current CLOTURE MOTION Durbin Menendez Wicker bill would limit the sharing of cyber Feinstein Merkley Wyden The PRESIDING OFFICER. Pursuant threat information, in a protected fash- to rule XXII, the Chair lays before the NAYS—11 ion, to those private entities which are Senate the pending cloture motion, Barrasso Johanns Roberts participating in the voluntary cyberse- which the clerk will state. Baucus Johnson (WI) Rubio curity program the bill would create. Enzi Moran Tester The assistant bill clerk read as fol- Heller Paul Those in the program would have to lows: adopt specific standards and in return NOT VOTING—5 CLOTURE MOTION would receive relevant real-time cyber Conrad Inhofe Lee threat information. Those not accept- We, the undersigned Senators, in accord- DeMint Kirk ance with the provisions of Rule XXII of the ing those standards and entering the Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this program would not receive the protec- to bring to a close debate on the motion to vote, the yeas are 84, the nays are 11. tions of the program and would be lim- proceed to calendar No. 470, S. 3414, a bill to Three-fifths of the Senators duly cho- ited in the cyber threat information enhance the security and resiliency of the sen and sworn having voted in the af- they receive. Given that sharing such cyber and communications infrastructure of firmative, the motion is agreed to. information could potentially thwart a the United States. The PRESIDING OFFICER. The Sen- cyber attack, it seems absurd that such Harry Reid, Joseph I. Lieberman, John ator from Connecticut. D. Rockefeller IV, Dianne Feinstein, information would go unshared because Sheldon Whitehouse, Barbara A. Mi- Mr. LIEBERMAN. I will yield to the a particular entity was not a partici- kulski, Barbara Boxer, Jeff Bingaman, leader. I thank him, too, for that re- pant in the voluntary system. Such a Patty Murray, Max Baucus, Charles E. sounding vote, which seems to me not provision inhibits the very type of in- Schumer, Bill Nelson, Christopher A. that the debate is over but the debate formation sharing we are trying to pro- Coons, Tom Udall, Carl Levin, Mark R. is going to begin, and an overwhelming mote in order to enhance cyber secu- Warner, Ben Nelson. majority of the Members of the Senate rity. In this respect, the carrot-and- The PRESIDING OFFICER. By unan- want to adopt cybersecurity legisla- stick approach simply does not make imous consent, the mandatory quorum tion. sense. call has been waived. Mrs. MCCASKILL. Mr. President, I I also remain concerned with the The question is, Is it the sense of the come to the floor today to express my scope of responsibility this legislation Senate that debate on the motion to concerns about S.3414, the Cybersecu- provides to the Department of Home- proceed to S. 3414, a bill to enhance the rity Act of 2012. Like many of my col- land Security. As we have found security and resiliency of the cyber and leagues, I voted today to allow the Sen- throughout the history of DHS, it has VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.099 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5451 relied heavily upon a contract work- The National League for Democracy, they must have made a difference. force in order to satisfy its mission. At once a completely banned organiza- Now, because of the changes that have this time, the Department does not tion, now actively participates in polit- occurred, the administration and I, have the necessary expertise it will ical life in Burma. For these reasons who have been involved in this issue need to guide a multi-agency, multi- and others, the administration, which I for two decades, are in total agreement sector council in evaluating whether or support, has taken a number of actions about the way to handle it, which is to not proposed cybersecurity standards to acknowledge the impressive reforms renew the sanctions after which the ad- are sufficient to address the evolving that President Thein Sein and his gov- ministration will waive a substantial nature of cyber threats. The decision ernment have instituted thus far. The number of them as a further indication to place DHS in such a critical role United States has responded by sending that the sanctions remain there, al- leadership role in regards to many as- an ambassador to Burma. That is the though not currently operative, be- pects of the cybersecurity scheme pro- first time we have had an ambassador cause of the changes that have oc- posed by this legislation needs to be re- there in two decades. curred in the country. So I think it is visited. The administration also largely a big mistake to have this important I have other concerns with this legis- waived the investment ban and finan- foreign policy matter attached to and lation, but these are my chief concerns.

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