E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, TUESDAY, OCTOBER 27, 2015 No. 158 Senate The Senate met at 10 a.m. and was portunity to review it. I hope they will coal families in States such as Ken- called to order by the President pro take that opportunity. I will certainly tucky to put food on the table. In other tempore (Mr. HATCH). have more to say on the matter later. words, it is facts-optional extremism f But for now, I encourage all our col- wrapped in callous indifference. Sen- leagues to examine the agreement. ators from both parties are saying: PRAYER On the legislation before the Senate Enough is enough. The Chaplain, Dr. Barry C. Black, of- today, the challenges posed by cyber We filed bipartisan measures that fered the following prayer: attacks are real and they are growing. would allow Congress to overturn these Let us pray. They don’t just threaten governments two-pronged regressive regulations. I Sovereign Lord, we have heard of and businesses; they threaten individ- joined Senator HEITKAMP and Senator Your greatness from generation to gen- uals as well. Everyone understands CAPITO on a measure that would ad- eration. You sit enthroned in majesty, that a cyber attack can be a deeply dress the prong that pertains to the ex- for Your glory covers all the Earth. invasive attack on personal privacy. isting energy sources. Senator Today, bless and sustain our law- Everyone understands that a cyber at- MANCHIN joined me as I introduced a makers and their staffs. May their tack can be financially crippling. That measure that would address the prong words and deeds honor You. Lord, guide is why everyone should want to see the that pertains to new energy sources. them in righteous paths that will keep bipartisan cyber security bill before us Together these measures represent a America strong. Equip them to conduct pass today. comprehensive solution. Colleagues the work of freedom with justice and Its voluntary information sharing will join me to speak about these reso- humility. Give them contentment that provisions are key to defeating cyber lutions later today. I am sure they will comes from knowing and serving You. attacks and protecting the personal in- say more about the measures we filed Guide America, making it a light- formation of the people we represent. and the process associated with them. house for a dark and turbulent world. We also know the bill contains meas- But what everyone should know is Lord, thank You for being our strength ures to protect civil liberties and indi- this: The publication of these regula- and shield. vidual privacy. tions does not represent an end but a We pray in Your great Name. Amen. It is no wonder the Senate voted to beginning. It is the beginning of a new f advance it by a large bipartisan vote of front to defend hard-working middle- 83 to 14 last week. I want to thank class Americans from massive, massive PLEDGE OF ALLEGIANCE Chairman BURR and Vice Chairman regulations that target them. That The President pro tempore led the FEINSTEIN of the Intelligence Com- front is opening here in Congress, and Pledge of Allegiance, as follows: mittee for their continued hard work it is opening across the country as I pledge allegiance to the Flag of the on this legislation. We will consider a States file lawsuits and Governors United States of America, and to the Repub- number of amendments from both sides stand up for their own middle-class lic for which it stands, one nation under God, of the aisle today. Then we will proceed constituents. The battle may not be indivisible, with liberty and justice for all. to a final vote on the underlying bill. I short, and the battle may not be easy, f urge every colleague to join me in vot- but Kentuckians and hard-working ing to protect the personal data, pri- Americans should know that I am RECOGNITION OF THE MAJORITY vacy, and property of the American going to keep standing up for them LEADER people. throughout this effort. The PRESIDING OFFICER (Mr. COT- f f TON). The majority leader is recog- nized. ENERGY REGULATIONS RECOGNITION OF THE MINORITY LEADER f Mr. MCCONNELL. Mr. President, on one final matter, the Obama adminis- The PRESIDING OFFICER. The FISCAL AGREEMENT AND CYBER- tration recently published massive en- Democratic leader is recognized. SECURITY INFORMATION SHAR- ergy regulations that will not do a f ING BILL thing to meaningfully affect global Mr. MCCONNELL. Mr. President, as carbon levels. It will not make a no- BUDGET AGREEMENT colleagues have no doubt already ticeable difference to the global envi- Mr. REID. Mr. President, Democrats noted, a fiscal agreement has been filed ronment. But it will ship more middle- have long called for bipartisan action that addresses a number of important class jobs overseas. It will punish the to stop these devastating sequester issues. Members currently have the op- poor. It will make it even harder for cuts because they hurt our middle class

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7497

.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.000 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7498 CONGRESSIONAL RECORD — SENATE October 27, 2015 and our military. With this agreement frightening then, and it is even more Department of Homeland Security commu- the Republican leader just mentioned, frightening now. But as Mr. Fugate in- nication between a private entity and the we have done just that. Democrats and dicated, that is the scale of threat the Federal Bureau of Investigation or the United States Secret Service regarding cy- Republicans have come to a responsible United States faces with cyber ter- bersecurity threats. agreement that puts the needs of our rorism. Feinstein (for Coons) modified amendment Nation above the Republicans’ partisan We as a country must do more to pro- No. 2552 (to amendment No. 2716), to modify agenda. While this agreement is not tect ourselves against this cyber ter- section 5 to require DHS to review all cyber perfect, it does address both invest- rorism. It can be done if Republicans threat indicators and countermeasures in ment in domestic priorities that ben- will work with us. Democrats tried to order to remove certain personal informa- tion. efit the middle class and defense spend- pass comprehensive cyber security leg- Burr (for Flake/Franken) amendment No. ing. It helps us avoid a major threat to islation years ago. What happened? It 2582 (to amendment No. 2716), to terminate jobs and the general economy. The was filibustered by the Republicans. the provisions of the Act after ten years. time to do away with the devastating They wouldn’t even let us on this legis- Feinstein (for Franken) further modified sequester cuts that are harming our lation. They wouldn’t even allow us to amendment No. 2612 (to amendment No. middle class and military is not in the debate the bill. Whatever their rea- 2716), to improve the definitions of cyberse- curity threat and cyber threat indicator. future. It is right now. Democrats hope soning, I am glad the Republicans have Burr (for Heller) modified amendment No. to end sequestration for the good of our finally changed course in this decision 2548 (to amendment No. 2716), to protect in- great country. and allowed this simple bill to move formation that is reasonably believed to be Our work is not done. I hope that we forward. We support this legislative ef- personal information or information that can continue to work together—Demo- fort, but we recognize that it is far, far identifies a specific person. Feinstein (for Leahy) modified amendment crats and Republicans—to pass this too weak. No. 2587 (to amendment No. 2716), to strike legislation and place the priorities of Cyber terrorism and cyber attacks the FOIA exemption. the American people ahead of partisan are part of today’s world. But Repub- Feinstein (for Mikulski/Cardin) amend- politics. licans are denying the seriousness of ment No. 2557 (to amendment No. 2716), to provide amounts necessary for accelerated f this, as they are denying something clear to everyone in the world except cybersecurity in response to data breaches. CYBER SECURITY LEGISLATION Feinstein (for Whitehouse/Graham) modi- my Republican Senate and House Mem- AND CLIMATE CHANGE fied amendment No. 2626 (to amendment No. bers. We have climate change taking 2716), to amend title 18, United States Code, Mr. REID. Mr. President, it was 3 place that is really hurting everybody, to protect Americans from cybercrime. years ago this month that then-Sec- with rare, rare exception. Cyber ter- Feinstein (for Wyden) modified amendment retary of Defense Leon Panetta warned rorism and cyber attacks are part of No. 2621 (to amendment No. 2716), to improve the United States of a potential ‘‘cyber today’s world, just like climate change. the requirements relating to removal of per- Pearl Harbor.’’ A cyber Pearl Harbor sonal information from cyber threat indica- To not move forward with more com- tors before sharing. would be crippling, and it would be a prehensive cyber security legislation The PRESIDING OFFICER. Under cyber attack on our Nation’s banks, and to ignore what is happening in our power grid, government, and commu- the previous order, the time until 11 world dealing with climate change will a.m. will be equally divided between nications network. in the years to come be considered leg- the two leaders or their designees. If it sounds scary, that is because it islative malpractice. I am sorry to say The assistant Democratic leader. is scary. Cyber terrorists could poten- that legislative malpractice is not on Mr. DURBIN. Mr. President, the de- tially bring the United States to its our shoulders. We wanted for years to bate which we will engage in today on knees. This potentiality is upon us. A do something with climate change. We the floor of the Senate is really one catastrophic cyber attack is not far- can’t. It is not even something that the that parallels the historic debates that fetched. Ted Koppel, the renowned Republicans will allow us to discuss. have occurred in the course of our Na- journalist, has written another book, We wanted for years to do something tion’s history. When a great democracy and the author reveals that our Na- with cyber security. They refused to do sets out to defend its citizens and to tion’s power grid is extremely vulner- so. We have a bill before us that is bet- engage in security, it really is with a able to cyber terrorism. Imagine the ter than nothing, and we support it. challenge: Can we keep our Nation safe toll of these attacks: massive power But it is far, far too weak. and still protect our rights and lib- blackouts, no telephone, no Internet Mr. President, I see the assistant erties? That question has been raised, capability—that is on your cell phones Democratic leader on the floor. Would and that challenge has been raised or whatever phones exist—over- the Chair announce before he talks to time and again. whelmed first responders and an infra- us what we are going to do here today. It was President Abraham Lincoln during the Civil War who suspended the structure system reduced to chaos. f How vulnerable is our Nation to a right of habeas corpus. It was chal- cyber attack of this magnitude? RESERVATION OF LEADER TIME lenged by some as an overextension by Former Secretary of Homeland Secu- The PRESIDING OFFICER. Under the executive branch, but President rity Janet Napolitano, in the book that the previous order, the leadership time Lincoln thought it was necessary to re- was written, as I indicated, by Ted is reserved. solve the Civil War in favor of the Union. In World War I, the passage of Koppel, stated that the likelihood of an f attack on our Nation’s power grid is 80 the Alien and Sedition Acts raised to 90 percent—80 percent to 90 percent. CYBERSECURITY INFORMATION questions about the loyalty of Ameri- Craig Fugate, the Administrator of SHARING ACT OF 2015 cans who question many of the great the Federal Emergency Management The PRESIDING OFFICER. Under issues that were being raised during Agency, has had to think about a po- the previous order, the Senate will re- that war. We certainly all remember tential cyber attack. It is his job. Lis- sume consideration of S. 754, which the what happened during World War II ten to his assessment: clerk will report. when, even under President Franklin We’re not a country that can go without The senior assistant legislative clerk Roosevelt, thousands of Japanese power for a long period of time without loss read as follows: Americans were interned because of of life. Our systems, from water treatment to A bill (S. 754) to improve cybersecurity in our concerns about safety and security hospitals to traffic control to all these the United States through enhanced sharing in the United States. It continued in things that we expect every day, our ability of information about cybersecurity threats, the Cold War with the McCarthy hear- to operate without electricity is minimal. and for other purposes. ings and accusations that certain mem- A number of years ago we had, at the Pending: bers of the State Department and other direction of Senator MIKULSKI—a long- Burr/Feinstein amendment No. 2716, in the officials were, in fact, Communist sym- time member of the Intelligence Com- nature of a substitute. pathizers. That history goes on and on. mittee—a meeting where such an at- Burr (for Cotton) modified amendment No. So whenever we engage in a question tack was discussed and the implica- 2581 (to amendment No. 2716), to exempt of the security and safety for our Na- tions of it. That was years ago. It was from the capability and process within the tion, we are always going to be faced

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.001 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7499 with that challenge. Are we going too cyber threat indicators. Narrowing this to bring cyber security legislation to far? Are we giving too much authority definition from information that the Senate floor and find the will to to the government? Are we sacrificing ‘‘may’’ be a threat to information that pass it. With the work of the vice our individual rights and liberty and is ‘‘reasonably likely’’ to pose a threat chairman, I think we have been able to privacy far more than we should to would reduce the amount of potentially succeed in that. We enjoyed a 14-to-1 keep this Nation safe? That, in fact, is personal information shared under the vote out of the committee, showing the debate we have today on the most bill. tremendous bipartisan support. Thou- sophisticated new form of warfare— I also urge my colleagues to support sands of businesses and almost 100 or- cyber war. the Wyden amendment to strengthen ganizations around the country are Cyber security is an enormous con- the requirement that private compa- supportive of the bill. But, more impor- cern not just for private companies but nies remove sensitive personal infor- tantly, in the last several days the bill for every American. Data breaches hap- mation before sharing cyber threat in- has gained the support of the Wall pen almost every day. We read not that dicators. Again, this amendment would Street Journal and the Washington long ago that 21 million current and limit the amount of potentially per- Post—not necessarily publications that former Federal employees had their sonal information shared under the chime in on the need for certain pieces records breached and stolen from the bill. of legislation from the Senate floor, Office of Personnel Management. Just I support the Coons amendment to but in this particular case, two publi- this month more than 700,000 T-Mobile give the Department of Homeland Se- cations understand the importance of users in my home State may have had curity time to remove or scrub per- cyber security legislation getting their information compromised by sonal information from the informa- signed into law. hackers. It seems there isn’t a month tion it shares with other Federal agen- This is the first step, and confer- that goes by where we don’t hear of an- cies. There is simply no need for per- encing with the House will come short- other security breach. That is why we sonal information unrelated to a threat ly after. I am proud to say that we al- need to take steps to improve data se- to be shared with law enforcement ready have legislation the White House curity and share cyber threat informa- agencies such as the Department of says they support. So I think we are in tion. Justice and NSA. the final stretches of actually getting Chairman BURR and Ranking Member These amendments would strengthen legislation into law that would volun- FEINSTEIN worked long and hard to put privacy protections in the bill much tarily allow companies to partner with together a bill to encourage private more than the original managers’ the Federal Government when their and governmental entities to share po- package. I look forward to working systems have been breached, when per- tential threat information. This bill with Senators BURR and FEINSTEIN and sonal data is at risk. has evolved over 5 years. No one has others to ensure that the final bill ad- I still say today to those folks both worked harder during that period of dresses our cyber security concerns in this institution and outside of this time than my colleague, Senator FEIN- while still protecting privacy—some- institution who are concerned with pri- STEIN of California. Senator BURR is thing I know we all want to do. vacy that I think the vice chairman now joining her in this effort. Mr. President, I yield the floor. and I have bent over backward to ac- Many are skeptical about the bill be- Mrs. FEINSTEIN. Mr. President, I commodate concerns. Some concerns fore us. Some have raised those con- suggest the absence of a quorum. still exist. We don’t believe they are cerns on the floor. But we look at the The PRESIDING OFFICER. The necessarily accurate and that only by major companies that are opposing this clerk will call the roll. utilizing this system will, in fact, we bill as currently written—Apple, IBM, The senior assistant legislative clerk understand whether we have been defi- Microsoft, Google, Facebook, and Ama- proceeded to call the roll. cient anywhere. zon—just a few of the major companies Mrs. FEINSTEIN. Mr. President, I There are also several companies that have said they can’t support the ask unanimous consent that the order that are not supportive of this bill, as bill that is on the floor today. They for the quorum call be rescinded. is their right. I will say this: From the note that the bill does not require com- The PRESIDING OFFICER. Without beginning, we committed to make this panies or the Federal Government to objection, it is so ordered. bill voluntary, meaning that any com- protect private information, including Mrs. FEINSTEIN. Mr. President, I pany in America, if its systems are personal emails, email addresses, and ask unanimous consent that the time breached, could choose voluntarily to more. In fact, this bill preempts all be charged equally on both sides. create the partnership with the Federal laws that would prevent a company or The PRESIDING OFFICER. Is there Government. Nobody is mandated to do agency from sharing personal informa- objection? it. So I speak specifically to those com- tion. Without objection, it is so ordered. panies right now: You might not like I am encouraged that the managers Mrs. FEINSTEIN. I suggest the ab- the legislation, but for goodness’ sakes, of this bill have moved in the direction sence of a quorum. do not deprive every other business in of addressing this concern. They have The PRESIDING OFFICER. The America from having the opportunity limited the authorization to share clerk will call the roll. to have this partnership. Do not de- cyber threat information to ‘‘cyber se- The senior assistant legislative clerk prive the other companies in this coun- curity purposes’’—a valuable step to- proceeded to call the roll. try from trying to minimize the ward making sure the bill is not used Mr. BURR. Mr. President, I ask unan- amount of personal data that is lost be- as surveillance. They have included a imous consent that the order for the cause there has been a cyber attack. provision requiring government proce- quorum call be rescinded. Do not try to stop this legislation and dures to notify Americans if their in- The PRESIDING OFFICER. Without put us in a situation where we ignore formation is shared mistakenly by the objection, it is so ordered. the fact that cyber attacks are going government. They have clarified that Mr. BURR. Mr. President, shortly we to happen with greater frequency from the authorization to employ defensive will once again begin the process on more individuals and that the sooner measures—or defensive ‘‘hacking’’— the cyber security bill. We will start we learn how to defend our systems, does not allow an entity to gain unau- votes hopefully right at 11 o’clock. We the better off personal data will be in thorized access to another’s computer will try to work through five amend- the United States of America. network. ments this morning and return this This is a huge deal. The vice chair- There will be some amendments be- afternoon with a short period of de- man and I from day one have said to fore us today that I will support which bate, and once again, at 4 o’clock, we our Members that we will entertain I think strengthen the privacy protec- will take up five additional votes—or any good ideas that we think strength- tions that should be included in this possibly four—and be at the point en the bill. On both sides of the aisle, bill. where we could conclude this legisla- we have said to Members that if this I am a cosponsor of the Franken tion. breaks the agreement that we have for amendment to improve the definitions Let me say to my colleagues that the the support we need, because they of ‘‘cyber security threat’’ and other Senate has tried for several years now don’t believe the policy is right, then

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.006 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7500 CONGRESSIONAL RECORD — SENATE October 27, 2015 we will lock arms and we will vote bill is at least a first step for Congress after with each other, and with the government, against amendments. several years of inconclusive debate over to better fight an escalating and constantly We have about eight amendments how to respond to attacks that have infil- evolving cyber threat. This shared data today. On a majority of those, we will trated networks ranging from those of Home might be the footprint of hackers that the Depot to the Joint Chiefs of Staff. government has seen but private companies do that. I am proud to tell my col- The biggest complaint about the bill is haven’t. Or it might include more advanced leagues that during the overnight and from privacy advocates, including Sen. Ron technology that private companies have de- this morning—we will announce today Wyden (D–Ore.), who cast the sole dissenting veloped as a defense. that we have taken care of the Flake vote on the intelligence committee. His con- Since hackers can strike fast, real-time co- amendment with a modification. We cerns have been amplified recently by sev- operation is essential. A crucial provision are changing the sunset on the legisla- eral tech giants. Apple told The Post this would shield companies from private law- week that it opposes the legislation because tion to 10 years, and we will accept the suits and antitrust laws if they seek help or of privacy concerns. In a statement, the cooperate with one another. Democrats had Flake amendment on a voice vote later company said, ‘‘The trust of our customers long resisted this legal safe harbor at the be- this morning. We continue even over means everything to us and we don’t believe hest of plaintiffs lawyers who view corporate these last hours to try to modify legis- security should come at the expense of their victims of cyber attack as another source of lation that can be agreed to on both privacy.’’ Some other large technology firms plunder. sides of the aisle but, more impor- are also opposing the bill through a trade as- The plaintiffs bar aside, the bill’s main op- tantly, without changing the delicate sociation. Separately, alarmist claims have ponents now are big tech companies that are been made by privacy advocates who de- still traumatized by the fallout from the Ed- balance we have tried to legislate into scribe it as a ‘‘surveillance’’ bill. this legislation. ward Snowden data theft. Apple, Dropbox The notion that there is a binary choice and Twitter, among others, say the bill I am sure Members will come down between privacy and security is false. We doesn’t do enough to protect individual pri- over the next 35 minutes, but at this need both privacy protection and cybersecu- vacy and might even allow government time I will yield the floor so the vice rity, and the Senate legislation is one step snooping. chairman can seek time. toward breaking the logjam on security. Everyone knows government makes mis- The PRESIDING OFFICER. The Sen- Sponsors have added privacy protections takes, but the far larger threat to privacy is that would scrub out personal information from criminal or foreign-government hack- ator from California. before it is shared. They have made the legis- Mrs. FEINSTEIN. Thank you, Mr. ers who aren’t burdened by U.S. due-process lation voluntary, so if companies are really protections. Cooperation is voluntary, and President. concerned, they can stay away. Abroad coali- the bill includes penalties if government I wish to begin by thanking the tion of business groups, including the U.S. misuses the information. Before either side chairman for his work on the bill. Chamber of Commerce, has backed the legis- can share data, personal information that For me, this has been a 6-year effort. lation, saying that cybertheft and disruption might jeopardize customer privacy must be It hasn’t been easy. It hasn’t been easy are ‘‘advancing in scope and complexity.’’ scrubbed. The status quo is intolerable: Adversaries The tech giants are the outliers in this de- because we have tried to strike a bal- of the United States are invading computer ance and make the bill understandable bate, while nearly all of the rest of American networks and hauling away sensitive infor- business supports the bill. The White House so that there would be a cooperative ef- mation and intellectual property by the has said Mr. Obama will sign the legislation, fort to share between companies and gigabyte. A much stronger response is called which would make it a rare example of bipar- the government. for in all directions, both to defend U.S. net- tisan cooperation. The security-privacy de- Last Thursday the Senate showed its works and to punish those, such as China, bate is often portrayed as a zero-sum trade- support for moving forward with two doing the stealing and spying. This legisla- off, but this bill looks like a win for both: strong votes. We had a vote of 83 to 14 tion is a needed defensive step from a Con- Helping companies better protect their data gress that has so far not acted on a vital na- from cyber thieves will enhance American to invoke cloture on the substitute tional concern. amendment, showing that there is, in privacy. fact, deep bipartisan support for mov- [From the Wall Street Journal, Oct. 26, 2015] Mrs. FEINSTEIN. The first is from ing significant legislation to the Presi- A CYBER DEFENSE BILL, AT LAST the Washington Post dated October 22, dent’s desk. DATA SHARING CAN IMPROVE SECURITY AND entitled ‘‘The Senate should take a To that end, I ask unanimous consent CONSUMER PRIVACY crucial first step on cybersecurity.’’ that editorials from the two major U.S. By now everyone knows the threat from The second is in today’s Wall Street newspapers be printed in the RECORD. cyber attacks on American individuals and Journal, and it is entitled ‘‘A Cyber There being no objection, the mate- business, and Congress finally seems poised Defense Bill, At Last: Data sharing can rial was ordered to be printed in the to do something about it. As early as Tues- improve security and consumer pri- day the Senate may vote on a bill that would RECORD, as follows: vacy.’’ let businesses and the government cooperate I also note the endorsement from [From the Washington Post, Oct. 22, 2015] to shore up U.S. cyber defenses. This should have been done long ago, but Secretary Jeh Johnson on October 22. THE SENATE SHOULD TAKE A CRUCIAL FIRST I have been privileged to work with STEP ON CYBERSECURITY Democrats blocked a bipartisan bill while they controlled the Senate and President our chairman. We have really tried to (By Editorial Board) Obama insisted on imposing costly new produce a balanced bill. We have tried After years of failure to find a consensus cyber-security mandates on business. The to make it understandable to private on cybersecurity, the Senate is expected to GOP Senate takeover in 2014 has broken the industry so that companies understand vote early next week on a bill that would en- logjam, helped by high-profile attacks able the government and the private sector it and are willing to cooperate. This against the likes of Sony, Home Depot, Ash- bill will allow companies and the gov- to share information about malicious threats ley Madison and the federal Office of Per- and respond to them more quickly. The leg- sonnel Management. ernment to voluntarily share informa- islation is not going to completely end the Special thanks to WikiLeaks, the anti- tion about cyber threats and the defen- tidal wave of cyberattacks against the gov- American operation that last week an- sive measures they might be able to ernment and corporations, but passing it is nounced that its latest public offering would implement to protect their networks. better than doing nothing—and that is where be information hacked from the private Right now, the same cyber intrusions Congress has left the matter in recent years. email account of CIA chief John Brennan. are used again and again to penetrate The legislation, approved by the Senate We assume Mr. Brennan’s government email Select Committee on Intelligence on a bipar- different targets. That shouldn’t hap- is better protected, but then this is the same pen. If someone sees a particular virus tisan 14–to-1 vote in March, is intended to government that let Hillary Clinton send iron out legal and procedural hurdles to top-secret communications on her private or harmful cyber signature, they sharing information on cyberthreats between email server. should tell others so they can protect companies and the government. Private-sec- Democrats have decided it’s now bad poli- themselves. tor networks have been extremely vulner- tics to keep resisting a compromise, and last That is what this bill does. It clears able, while the government possesses sophis- week the Cybersecurity Information Sharing away the uncertainty and the concerns ticated tools that might be valuable in de- Act co-sponsored by North Carolina Repub- that keep companies from sharing this fending those networks. If threats are shared lican Richard Burr and California Democrat information. It provides that two com- in real time, they could be blunted. The leg- Dianne Feinstein passed the filibuster hur- petitors in a market can share infor- islation is not a magic wand. Hackers inno- dle. A similar bill passed the House in April vate destructive and intrusive attacks even 307–106. mation on cyber threats with each faster than they can be detected. The infor- The idea behind the legislation is simple: other without facing anti-trust suits. mation sharing would be voluntary. But the Let private businesses share information It provides that companies sharing

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.007 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7501 cyber threat information with the gov- ment would basically undo one of the Mr. CARPER. Let me start off by ernment for cyber security purposes core concepts of this bill. Instead of re- saying to Senator FEINSTEIN, 6 years will have liability protection. quiring cyber information to go ago, you, along with Senators SUSAN As I have said many times, the bill is through a single portal at the Depart- COLLINS, Joe Lieberman, Jay Rocke- completely voluntary. If a company ment of Homeland Security, it would feller, and others started leading the doesn’t want to share information, it allow companies to share cyber infor- effort to put in place comprehensive does not have to. mation directly with the FBI or the Se- cyber security legislation and offered Today, we will vote on up to seven cret Service and still provide full li- the first comprehensive bill dealing amendments. As late as this morning, ability protection. with information sharing. We had a Senator BURR and I have been working This change runs afoul of one of the vote in late 2012. It came up short, and to see if we can reach agreement to ac- most important privacy protections in we started all over again in the last cept or voice vote some of them, and I the bill, which was to limit direct shar- Congress. You have shown great leader- hope these discussions will be success- ing of this cyber information with the ship right from the start. I thank you ful. However, I remain in agreement intelligence community or with law and I thank Senator BURR, the chair of with Chairman BURR that we will op- enforcement. In other words, every- the committee. I thank you for cooper- pose any amendments that undo the thing will go through the portal first, ating with us and with others to make careful compromises we have made on where it will receive an additional sure that we have not just a good bill this bill. Over the past 10 months, we scrub to remove any residual personal but a very good bill that addresses ef- have tried to thread a needle in fact to information and then go to the respec- fectively the greatest challenges we draft a bill that as I said gives the pri- tive departments. In this way the pri- face in our country. vate sector the insurances it needs to vacy is kept by not being able to mis- I have heard Senator FEINSTEIN say share more information while includ- use the authority to provide unrelated this time and again, and I will say it ing privacy protections to make sure information directly to departments. again today: If companies don’t want Americans’ information is not com- If there is a crime, companies should to share information with the Federal promised. be able to share information with law Government, they don’t have to. It is I see on the floor the ranking mem- enforcement—I agree with that—but elective. In some cases they can form ber of the Homeland Security and Gov- that is not what this bill is about. This their own groups called ISOCs that will ernmental Affairs Committee, the dis- bill is about sharing cyber information share information with one another. tinguished Senator from Delaware, and on threats so there can be greater They don’t have to share information I thank Senator CARPER for all he has awareness and better defenses. on attacks with the Federal Govern- done to help us and also to make what When there is a cyber crime and law ment. They can share it with other I consider a major amendment on this enforcement is called in, we are talk- peers if they wish to, but if they do bill, which as you know has been ac- ing about very different information. share it with the Federal Government, cepted. When the FBI investigates, it takes en- with a couple of narrow exceptions, we Several of today’s amendments would tire databases and servers. It looks at ask that it be shared with the Depart- undo this balance. Senators WYDEN, everything—far beyond the cyber infor- ment of Homeland Security because HELLER, and FRANKEN have amend- mation that could be lawfully shared in the Department of Homeland Security ments that would lead to less informa- this act. So sharing with the FBI out- is set up in large part to provide a pri- tion sharing. Each of them would re- side of the DHS portal may be appro- vacy scrub. place clear requirements that are now priate in certain cases but not as a par- Next month the DHS will have the in the bill on what a company or a gov- allel option for cyber threat informa- ability, when these threat indicators ernment must do prior to sharing in- tion. come through that are reported by formation with a new subjective stand- In fact, our bill already makes clear other businesses across the country, in ard that would insert the concern of in section 105(c)(E) that it ‘‘does not real time to be able to scrub that infor- legal liability. limit or prohibit otherwise lawful dis- mation through the portal and remove I would offer to work with these Sen- closures of communications, records, from it personally identifiable informa- ators and others as the bill moves for- or other information, including report- tion that should not be shared with ward and hopefully goes into con- ing of known or suspected criminal ac- other Federal agencies, and just like ference to see if there is a way to tivity.’’ I would just refer to this chart that, bingo, we are off to the races. It achieve their goals without interfering which quotes section 105(c). It says ex- is a smart compromise that I am with the bill’s goal of increasing infor- actly that. pleased and grateful to have worked mation sharing. This amendment would undo the key out with Senators BURR and FEINSTEIN Senator LEAHY’s amendment would structure of this bill—the central por- and their staff. I thank both their staff similarly decrease the amount of shar- tal for sharing information located at and ours as well. ing by opening up the chances of public the Department of Homeland Secu- The other piece is the legislation we disclosure through the Freedom of In- rity—and decrease the ability of the literally took out of the Committee on formation Act of cyber threats shared government to effectively manage all Homeland Security and Governmental under this bill. While the bill seeks to the cyber information it receives. So I Affairs that has been pending. I think share information about the nature of will oppose this amendment and urge the entire title 2 of the managers’ cyber threats and suggestions on how my colleagues to do the same. amendment is the legislation that Sen- to defend networks, this information I very much appreciate that the Sen- ator JOHNSON and I have worked on. We should not be made widely available to ate will complete its consideration of are grateful for that. hackers and cyber criminals who could this bill today. We still have a long One piece of it is something called use it for their own purposes. way to go. We have to conference the EINSTEIN 1, 2, and 3—not to be con- Senator BURR and I worked closely House bill with our bill. I want to fused with the renowned scientist, Al- with Senators LEAHY and CORNYN in make this offer, and I know I think I bert Einstein. But we have something putting together the managers’ pack- speak for the chairman as well, that we called EINSTEIN 1, EINSTEIN 2, and age to remove a FOIA exemption that are happy to work with any Member as EINSTEIN 3. What do they mean? they viewed as unnecessary and harm- we go into conference, but I hope we What this legislation does is it means ful. I am pleased we were able to reach can complete these last few votes with- we are going to use these tools—we are that agreement. However, the FOIA ex- out upsetting the careful negotiations going to continue to update and mod- emption that remains in the bill is and compromise we have been able to ernize these tools—to, No. 1, record in- needed to encourage companies to reach. trusions; No. 2, to be able to detect the share this information, and I would op- Again, I thank the Chair. bad stuff coming through into the Fed- pose this amendment. I yield back the remainder of my eral Government; and No. 3, block it. The President has an amendment on time, and I yield the floor. We are going to make sure it is not the other side of the spectrum which I The PRESIDING OFFICER. The Sen- just something that is positive work on will also strongly oppose. This amend- ator from Delaware. a piece of paper but that 100 percent of

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.008 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7502 CONGRESSIONAL RECORD — SENATE October 27, 2015 the Federal agencies are able to use Having said that, regarding the old that information as they work to com- these new tools. Senator JOHNSON and I saying—I am tired of hearing it and I bat cyber threats. worked on legislation included in this am tired of saying it, but ‘‘don’t let the Again, I respect what Chairman BURR package that uses encryption tools and perfect be the enemy of the good.’’ This and Ranking Member FEINSTEIN are doubles the number of processes we isn’t just good legislation, this is very trying to do here, which is why I have have available to better protect our in- good legislation, and it has gotten bet- carefully crafted this amendment to formation. ter every step of the way because of the meet the needs of both sides—those Finally, I would mention that Sen- willingness of the ranking member and fighting for privacy and those fighting ator COLLINS, the former chair of the the chairman of the Intel Committee for our national security. I would like Homeland Security Committee—she to collaborate. The three C’s at work to take a moment to address the con- and a number of our colleagues, includ- are communicating, compromising, cerns expressed by the chairman, who ing Senator MIKULSKI, Senator MCCAS- and collaborating. We should work out has argued that this amendment is a KILL, and others, have worked on legis- these amendments today and pass this poison pill for this piece of legislation. lation that we added to and all of that bill. I want to be clear: This amendment is was reported out of the committee. All I thank the Chair. not creating legal uncertainty that of this together is a very robust de- The PRESIDING OFFICER. The Sen- would delay the sharing of cyber threat fender of our dot-gov domain and could ator from Nevada. indicators. In fact, the term ‘‘reason- be used to help those outside the Fed- AMENDMENT NO. 2548, AS MODIFIED ably believes’’ is used as the standard eral Government as well. Mr. HELLER. Mr. President, this for the private sector in the House- Going back to the last Congress, Tom Senator, like everyone else in this passed cyber bill. Let me repeat that. Coburn and I worked together to do Chamber, realizes the need to address This phrase, ‘‘reasonably believes,’’ is three things to strengthen the Depart- the threat of cyber attacks. The im- the standard applied to the private sec- ment of Homeland Security to let it do pact of these attacks is a matter of in- tor in the House-passed bill. Our coun- its job. Growing up, I remember seeing dividual financial security as well as terparts on the House Intelligence cartoon ads in a magazine about some America’s national security, and I con- Committee felt that this standard was guy at the beach kicking sand on a tend that these efforts must not inter- high enough to protect privacy while smaller guy. The smaller guy in this fere with Americans’ privacy. In doing also meeting the goal of the bill which case would have been the Department so, the cure, which is this piece of leg- is real-time sharing. of Homeland Security, with respect to islation, is worse than the problem. If this standard is good enough for their ability to provide robust defense I have said it before and I will con- the private sector, it should be good against cyber attacks. If I can use that tinue saying it, privacy for Nevadans is enough for the Federal Government. cartoon as an analogy, in the past, the nonnegotiable. Nevadans elected me in Just 6 months ago, the chamber of Department of Homeland Security was part to uphold their civil rights and commerce released a strong statement the 98-pound weakling, and it is no their liberties, and that is what I am of support and praise for the House- weakling anymore. Legislation that on the floor doing today. That is why I passed cyber legislation. Not once did Dr. Coburn and I offered, passed in the fought for passage of the USA FREE- they release statements of concern Congress, to, No. 1, say the cyber ops DOM Act. That is why I offered my over using the term ‘‘reasonably be- center in the Department of Homeland amendment being considered on this lieves’’ as it applies to the private sec- Security is real. We are standing it up. floor this given day. Hundreds of Ne- tor, the industry which they represent. We are making it real and robust. vadans have reached out to my office I ask again: If it is good enough for the The Federal Information Security private sector, should it not be good Management Act for years was a paper- expressing concerns about the Cyberse- curity Information Sharing Act, saying enough for the Federal Government? work exercise and was a once-a-year Finally, I am proud to have the sup- it did not do enough to safeguard their check to make sure our cyber defenses port of two of the Senate’s leading pri- were secure. We are transforming that personal information. Also tech companies, including vacy advocates, Senators LEAHY and into a 24/7, robust, around-the-clock op- WYDEN, who have been fighting with Google, Apple, Microsoft, Oracle, and eration by modifying legislation and me to make key changes to this bill to BSA Software Alliance, all expressed improving legislation called FISMA. maintain Americans’ rights. I strongly the same concerns about privacy under We also in that legislation make clear urge my colleagues today to vote in this piece of legislation. It is our re- what OMB’s job is and we make clear support of my simple fix. Let’s keep sponsibility in Congress to listen to what the job of the Department of our oath to the American people and these concerns and address them before Homeland Security is. make this bill stronger for privacy allowing this piece of legislation to be- Finally, for years the Department of rights and civil liberties. Homeland Security hired and trained come law. I recognize the chairman of I yield the floor. cyber warriors, and just as they were the intelligence committee does not The PRESIDING OFFICER. The Sen- getting really good, they were hired support my amendment and has been ator from Oregon. away because we couldn’t retain them. encouraging our colleagues to oppose Mr. WYDEN. Mr. President, I ask We couldn’t pay them or provide reten- it. unanimous consent that after Chair- tion bonuses or hiring bonuses. We With respect, however, I believe my man BURR has spoken, I be recognized need to make sure we have some of the amendment is a commonsense, middle- for 2 minutes. best cyber warriors in the world work- ground amendment. It ensures that we The PRESIDING OFFICER. Without ing at the Department of Homeland Se- strike an appropriate balance that objection, it is so ordered. curity. Now DHS has that authority, guarantees privacy, but also allows for The PRESIDING OFFICER. The Sen- and we will be able to hire these peo- real-time sharing of cyber threat indi- ator from North Carolina. ple. cators. My amendment would simply Mr. BURR. Mr. President, I want to Putting all this together, folks, what require the Federal Government, before say to my colleague Senator HELLER, I we have done is move the needle. With sharing any cyber threat indicators, to wish we could accommodate all of the passage of this legislation we will move strip out any personally identifiable in- amendments. The fact is that even a the needle and we need to do that. formation that they reasonably believe word here and there changes the bal- There will be discussion later on of is not directly related to a cyber secu- ance of what Senator FEINSTEIN and I amendments. There are a couple of rity threat. have tried to put together. Although them that for this Senator are espe- This standard creates a wide protec- on the surface it may not look like a cially troubling. Senator FEINSTEIN has tion for American’s personal informa- big deal—I understand we have two mentioned a couple of them, and I sus- tion. Furthermore, it also improves the competing bills that were passed in the pect Senator BURR has mentioned them operational capabilities of this cyber House, and one has the language. The as well. We will look at them as we go sharing program. DHS has stated that fact is, our language for the entirety of through, but a couple of them set this removing more personally identifiable the bill does not match the House bill. legislation back and I will very strong- information before sharing will help When you change something, we have ly oppose them. the private sector meaningfully digest to look at the cause and effect of it.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.010 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7503 Here are the realities. This is a vol- amendment does strike a balance, in- I yield the floor. untary bill. I will start backward with creasing privacy but still providing The PRESIDING OFFICER. The Sen- some of the things Senator HELLER that real-time information sharing. I ator from North Carolina. said. Technology companies are op- just wanted to make those two points. Mr. BURR. Mr. President, we are posed to it. They are. I cannot do any- Mr. BURR. Mr. President, I appre- going to go to these amendments, and thing about that, but I can plead with ciate the Senator’s input. I can only we will have five amendments this them: Why would you deprive thou- say to my colleagues that it is the rec- morning and possibly up to five this sands of businesses that want to have a ommendation of the vice chair and my- afternoon starting at 4 o’clock. partnership with the Federal Govern- self that this not be supported. It does AMENDMENT NOS. 2626, AS MODIFIED, AND 2557 ment from having it because you have change the balance, it puts uncertainty I want to take this opportunity— determined for your business, even in the level of participation, and any there are two pending amendments though you are a large holder of per- delay from real time would, in fact, that are not germane. I ask unanimous sonal data, that you don’t want a part- mean that we would not have lived up consent that it be in order to raise nership with the Federal Government. to the mission of this bill, which is to those points of order en bloc at this I would suggest that the first day minimize data loss. time. they get penetrated, they may find I think, though, that there are simi- The PRESIDING OFFICER. Without that partnership is worthy. I cannot larities between the House and Senate objection, it is so ordered. change where they are on the legisla- bills. Ours is significantly different, Mr. BURR. I make a point of order tion. The reality is that for a vol- and therefore it has a different impli- that the Whitehouse amendment No. untary bill, it means there has to be a cation when you change certain words. 2626 and the Mikulski amendment No. With that, I yield the floor. 2557 are not germane to amendment reason for people to want to partici- The PRESIDING OFFICER. The Sen- No. 2716. pate. Uncertainty is the No. 1 thing ator from Oregon. that drives that away. We believe the Mr. WYDEN. Before he leaves the The PRESIDING OFFICER. The change the Senator proposes provides floor, I want to commend my colleague points of order are well taken and the that degree of uncertainty, and there- from Nevada. I strongly support his amendments fall. fore we would not have information amendment. Mr. BURR. Mr. President, I want to take this opportunity before we start shared either at all or in a timely fash- AMENDMENT NO. 2621, AS MODIFIED the final process to thank the vice ion. If it is not shared in a timely fash- Colleagues, the first vote we will chairman. She has been incredibly will- ion, then we won’t reach the real-time have at 11 o’clock is on my amendment ing to participate, even when we start- transfer of data which gives us the No. 2621. This amendment is supported ed in a different place than where we basis of minimizing data loss in this by a wide variety of leaders across the bill. political spectrum, progressive voices ended. She brought to the table a tre- I think it is easy to look at certain that have focused on cyber security mendous amount of experience on this pieces of the bill and say: Well, this and privacy as well as conservative or- issue because of the number of years does not change it that much. But it ganizations. FreedomWorks, for exam- she had worked on it. She was very ac- changes it in a way that would cause ple, an important conservative organi- commodating on areas that I felt were either companies to choose not to par- zation, announced last night that they important for us to either incorporate ticipate, or it may change it in a way will consider the privacy amendment or at least debate. that delays the notification to the Fed- that I will be offering. It will be the What I really want to share with my eral Government. Therefore, we are not first vote, a key vote on their congres- colleagues is that we had a wholesome able to accomplish what we set out to sional scorecard. debate in the committee. The debate do in the mission of this bill, which is It was the view of FreedomWorks the vice chair and I and our staffs had to minimize the amount of data that is that this amendment, the first vote, was wholesome before it even came to lost not just at that company but would add crucial privacy protections the Presiding Officer or to Senator across the U.S. economy. to this legislation. The point of the WYDEN. That is good. It is why some of Again, I urge our colleagues—we will first amendment we will vote on is to the Members might have said in com- move to amendments shortly. We will strengthen privacy protections by re- mittee: Gee, this looks like a good have an opportunity to debate for 1 quiring that companies make reason- amendment. Yet it did not fit within minute on each side on those amend- able efforts to remove unrelated per- the framework of what the vice chair ments. I would urge my colleagues to sonal information about their cus- and I sat down and agreed to. keep this bill intact. If we change the tomers before providing data to the So this has been a process over a lot balance of what we have been able to government. It says that companies of months of building support, not just do, then it changes the effects of how should take these efforts to the extent within this institution but across the this will be implemented, and, in fact, feasible. Let me say that this truly of- country. It is not a process where I ex- we may or may not at the end of the fers a great deal of flexibility and dis- pected to get to the end and for there day—— cretion to companies. It certainly does to be nothing but endorsements of the Mr. HELLER. Will the chairman not demand perfection, but it does say legislation. I have never seen a piece of yield time so I can respond to his com- to these companies that they should legislation achieve that coming out of ment? actually have to take some real respon- the Senate. But I think the vice chair Mr. BURR. I will be happy to yield. sibility, some affirmative step. and I believed when we actually put Mr. HELLER. I appreciate every- We will have a chance, I guess for a legislation together that we were on thing the Senator is doing. I under- minute or so, when we get to the the same page. The fact is, it is impor- stand the importance of fighting amendments, but for purposes of col- tant that today we are again still on against cyber attacks. I want to make leagues reflecting before we start vot- the same page, that we have stuck two points—clarify two points that I ing, the first amendment I will be of- there. I thank the vice chairman. think are very important. The lan- fering is backed by important progres- I also thank Senator JOHNSON and guage in this bill is the same standard sive organizations, such as the Center Senator CARPER, the chairman and the the private sector is held to in the for Democracy and Technology, and ranking member of the homeland secu- House-passed bill. The chamber had no conservative groups, such as rity committee. They have been in- problem 6 months ago when that bill FreedomWorks, which last night said credibly helpful and incredibly accom- was passed out of the House of Rep- this is a particularly important vote modating. We have tried to incorporate resentatives. with respect to liberty and privacy. It everything we thought contributed So I continue to ask the question: If says that with respect to the standard positively to this legislation, and they it is good enough—if this language is for American companies, you just can- were huge contributors. good enough for the private sector, not hand it over, you have to take Lastly, let me say to all of my col- why is it not good enough for the pub- some affirmative steps—reasonable, af- leagues that it is tough to be put in a lic sector, for the Federal Government? firmative steps—before you share per- situation—the vice chair and myself— The second thing is that I believe my sonal information. where we have Members on both sides

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.004 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7504 CONGRESSIONAL RECORD — SENATE October 27, 2015 who are going to offer amendments—I The personally identifiable information The PRESIDING OFFICER. Is there a understand that to them those amend- (PII) of a company’s users can be attached to sufficient second? ments are very reasonable, and I would cyber threat indicators after a hack—poten- There appears to be a sufficient sec- only ask my colleagues to understand tially sensitive information that is generally ond. unnecessary to diagnose the threat. But the situation the vice chair and I are The clerk will call the roll. since companies which share cyber threat The legislative clerk called the roll. in. We have negotiated a very deli- data are completely immune to consequence cately written piece of legislation, and if that shared data should be misused, their Mr. CORNYN. The following Senators any change in that that is substantive incentive is to share the data as quickly as are necessarily absent: the Senator we feel might, in fact, change the out- possible—even if that means some would be from Texas (Mr. CRUZ), the Senator come of what this bill accomplishes. sharing PII. from Kentucky (Mr. PAUL), the Senator We will have votes on amendments And if that personal data is irresponsibly from Florida (Mr. RUBIO), and the Sen- this morning. One of those amend- shared with the government, it gets spread ator from Louisiana (Mr. VITTER). far and wide between government agencies The PRESIDING OFFICER. Are there ments, Senator FLAKE’s amendment— (including the NSA) in real time, thanks to overnight we were able to negotiate a any other Senators in the Chamber de- CISA’s mandatory interagency sharing pro- siring to vote? change in the sunset provision to 10 vision. years. We will modify that on the floor The Wyden amendment goes a long way to- The result was announced—yeas 41, and accept it by voice vote. The others ward addressing the potential misuse of this nays 55, as follows: will be recorded votes. personal information by requiring companies [Rollcall Vote No. 285 Leg.] With that, I yield the floor. which share cyber threat data to review said YEAS—41 data to ensure that all PII that is not di- AMENDMENT NO. 2621, AS MODIFIED Baldwin Gardner Peters rectly necessary to counter the cyber threat Bennet Gillibrand Reed The PRESIDING OFFICER (Mrs. is deleted before it is shared. Blumenthal Heinrich Reid FISCHER). Under the previous order, the Passing the Wyden amendment wouldn’t Booker Heller Sanders question occurs on amendment No. fully fix the problems with CISA, but it is an Boxer Hirono Schatz 2621, as modified, offered by the Sen- important protection against potential dis- Brown Klobuchar Schumer Cantwell Leahy Shaheen ator from Oregon, Mr. WYDEN. tribution and misuse of innocent consumers’ Cardin Lee Stabenow private information. Casey Markey There is 2 minutes of debate equally Sullivan Please contact your senators and ask that Coons Menendez divided. Tester they vote YES on the Wyden amendment to Crapo Merkley Udall The Senator from Oregon. CISA. FreedomWorks will count the vote on Daines Murkowski Mr. WYDEN. Madam President, vir- Durbin Murphy Warren this amendment as a Key Vote when calcu- Wyden tually all agree that cyber security is a lating our Congressional Scorecard for 2015. Franken Murray serious problem. Virtually all agree The scorecard is used to determine eligi- NAYS—55 that it is useful to share information, bility for the FreedomFighter Award, which Alexander Fischer Moran but sharing information without ro- recognizes Members of Congress who consist- Ayotte Flake Nelson bust privacy standards creates as many ently vote to support economic freedom and Barrasso Graham Perdue Blunt problems as it may solve. individual liberty. Grassley Portman Sincerely, Boozman Hatch Risch The first amendment I am offering is ADAM BRANDON, Burr Heitkamp Roberts supported by a wide variety of organi- CEO, FreedomWorks. Capito Hoeven Rounds zations across the political spectrum Carper Inhofe Sasse Cassidy Isakson The PRESIDING OFFICER. The time Scott because they want what this amend- Coats Johnson of the Senator has expired. Sessions ment would do; that is, reasonable ef- Cochran Kaine The Senator from California. Shelby forts have to be made to strike unre- Collins King Mrs. FEINSTEIN. Madam President, Corker Kirk Thune lated personal information before it is I rise to oppose the amendment. This Cornyn Lankford Tillis Toomey handed over to the government. With- amendment would replace a key fea- Cotton Manchin Donnelly McCain Warner out that, you have a flimsy standard ture of the underlying bill. Right now, that says: When in doubt, hand it over. Enzi McCaskill Whitehouse under section 104(d) of the managers’ Ernst McConnell Wicker I urge colleagues to support this amendment, a company is required to Feinstein Mikulski amendment. It is backed by progressive conduct a review of any information NOT VOTING—4 groups and conservative groups. before it is shared and remove any per- Madam President, I ask unanimous Cruz Rubio sonal information that is not ‘‘directly Paul Vitter consent to add Senator WARREN as a related to a cybersecurity threat.’’ cosponsor to my amendment. The amendment (No. 2621), as modi- Senator WYDEN’s amendment, while The PRESIDING OFFICER. Without fied, was rejected. well-intentioned, would replace that AMENDMENT NO. 2548, AS MODIFIED objection, it is so ordered. review with a requirement that a com- Mr. WYDEN. Madam President, I ask The PRESIDING OFFICER. Under pany must remove personal informa- the previous order, the question occurs unanimous consent to have printed in tion ‘‘to the extent feasible’’—and the RECORD a letter of support from on amendment No. 2548, as modified, there is the rub. This is a very unclear offered by the Senator from Nevada, FreedomWorks, a leading conservative requirement. In this bill, we are trying voice on these issues. Mr. HELLER. to provide clarity on what a company There is 2 minutes of debate equally There being no objection, the mate- has to do so that it is understandable. rial was ordered to be printed in the divided. Companies understand what it means The Senator from Nevada. RECORD, as follows: to conduct a review to see whether FREEDOMWORKS, Mr. HELLER. Madam President, the Washington, DC, October 26, 2015. there is personal information and then chairman has stated that this piece of strip it out. They don’t know what may KEY VOTE YES ON THE WYDEN AMENDMENT legislation has privacy protections. #2621 TO CISA or may not be feasible, and they worry But I don’t believe it goes far enough that this lack of clarity could create As one of our over 6.9 million or we wouldn’t be in this Chamber, FreedomWorks activists nationwide, I urge the risk of a lawsuit where the current vote after vote after vote, trying to you to contact your senators and ask them language does not. move this so there is some personal to vote YES on the Wyden amendment to The PRESIDING OFFICER. The time privacy and so there are some liberties add crucial privacy protections to the Cyber of the Senator has expired. that are protected. Information Sharing Act (CISA), S. 754. Mrs. FEINSTEIN. Therefore, I ask This amendment in front of us right CISA purports to facilitate stronger net- my colleagues to join with me in vot- now is a commonsense, middle-ground work security across the nation by facili- ing no on the Wyden amendment. approach that strengthens the stand- tating the interchange of information on The PRESIDING OFFICER. The cyber threats between private companies and ards for the Federal Government re- government agencies. But one of CISA’s sev- question is on agreeing to the Wyden moving personal information prior to eral gaping flaws is the incentive it creates amendment, as modified. sharing it with the private sector. for some companies to share this data reck- Mr. BURR. Madam President, I ask I want to leave my colleagues with lessly. for the yeas and nays. two points. This is the same standard

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.012 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7505 that the private sector is held to in the [Rollcall Vote No. 286 Leg.] elected, the Republican Senator he was House-passed bill, supported by the YEAS—47 to succeed, George Aiken, was asked by Chamber. If this amendment is good Baldwin Ernst Menendez some to resign his seat a day early— enough for the private sector, the ques- Barrasso Flake Merkley which you could do in those days—to tion is, Why isn’t it good enough for Bennet Franken Moran give Senator LEAHY a head start in se- Blumenthal Gardner the Federal sector or the government? Murkowski niority among his fellow freshmen. Booker Gillibrand Murray No. 2, my amendment strikes a balance Boxer Heinrich Peters Here is what Senator Aiken said: ‘‘If between increasing privacy but still Cantwell Heitkamp Portman Vermont is foolish enough to elect a Cardin Heller Reed providing for real-time information Casey Hirono Democrat, let him be number 100.’’ Sanders sharing. Cassidy Hoeven Senator LEAHY’s career has proven Sullivan Coons Kaine that the people of Vermont were wise I urge my colleagues to support this Tester Crapo Lankford in selecting him. From No. 100, Senator amendment. Daines Leahy Toomey LEAHY over time ascended to the rank I yield the floor. Donnelly Lee Udall Durbin Markey Warren of President pro tempore of the Senate. The PRESIDING OFFICER. The Sen- Enzi McCaskill Wyden Senator LEAHY has spent four decades ator from North Carolina. NAYS—49 in the Senate fighting for justice and Mr. BURR. Madam President, Sen- Alexander Grassley Roberts equality. As the chairman of the Judi- ator FEINSTEIN and I have tried to Ayotte Hatch Rounds ciary Committee, he became a national reach a very delicate balance. We think Blunt Inhofe Sasse leader for an independent judiciary, the we have done that. Senator HELLER Boozman Isakson Schatz promotion of equal rights, and the pro- Brown Johnson raised one specific issue. He said the Schumer tection of our Constitution. Burr King Scott chamber is supportive of the language. Capito Kirk Sessions His main focus, though, has always Let me just read: The chamber opposes Carper Klobuchar Shaheen been Vermont. He carries with him a Coats Manchin Shelby Senator HELLER’s amendment for much Cochran McCain picture of what he calls his farmhouse, Stabenow of the same reason that we oppose com- Collins McConnell which is on lots of acres. It looks like Thune parable amendments being offered. It Corker Mikulski a picture you would use if you were Tillis says: The difficulty with seemingly Cornyn Murphy trying to get somebody to come and Cotton Nelson Warner simple tweaks and wording is that in- Feinstein Perdue Whitehouse stay at your place—it is just beautiful. terpreting the language, such as ‘‘ rea- Fischer Reid Wicker It doesn’t remind me of the desert, but sonably believes’’ and ‘‘reasonable ef- Graham Risch it is beautiful. forts’’ in legislation, is far from simple. NOT VOTING—4 Over the years, he has done every- It would create legal uncertainty and Cruz Rubio thing he can to protect the State’s nat- is contrary to the goal of real-time in- Paul Vitter ural beauty, the resources, land and formation sharing. The chamber will The amendment (No. 2548), as modi- water, through conservation efforts. press to maintain NOS as the standard. fied, was rejected. When people visit Vermont, they see these beautiful green vistas, pristine Hopefully, this shares some texture AMENDMENT NO. 2587, AS MODIFIED lakes and rivers, and picturesque with my colleagues about how difficult The PRESIDING OFFICER. Under farms. Senator LEAHY has worked hard this has been. As I said earlier, I would the previous order, the question occurs love to accept all of the amendments. to keep Vermont that way. on amendment No. 2587, as modified, Senator LEAHY has done everything But when it changes the balance of offered by the Senator from Vermont, what we have been able to put—when in his power to promote agriculture in Mr. LEAHY. his home State. As former chair of the we take a voluntary bill and provide The Democratic leader. uncertainty, we have now given a rea- agriculture committee, I can remember Mr. REID. Madam President, I would what he has done to protect the dairy son for either companies not to partici- ask that my remarks be under leader pate or for the government to delay the industry. It is legend what he has done time. to protect the dairy industry. We all transmission to the appropriate agen- The PRESIDING OFFICER. Without cies. remember holding up the Senate for pe- objection, it is so ordered. riods of time until he got what he The PRESIDING OFFICER. The Sen- CONGRATULATING SENATOR LEAHY ON CASTING wanted for dairy. He wrote the Organic ator’s time has expired. HIS 15,000TH VOTE Foods Production Act of 1990, which Mr. BURR. We believe we have the Mr. REID. Mr. President, today my helped foster Vermont and America’s right protections in place. I urge my friend and colleague PAT LEAHY has growing organic food industry. Today, colleagues to defeat the Heller amend- reached another milestone in an ex- organic foods are a $40 billion industry. ment. traordinary career. He just cast his Many of those organic farms and busi- The PRESIDING OFFICER. The 15,000th vote. That is remarkable. He is nesses are based in Vermont. question is on agreeing to the amend- only the sixth Senator in the history of After Tropical Storm Irene, I remem- ment, as modified. this great body to have done that. In ber, graphically, his fighting for the 226 years, he is one of 6. Mr. THUNE. I ask for the yeas and State of Vermont. That storm dev- Today’s momentous occasion should nays. astated parts of Vermont. Roads were come as no surprise because his entire underwater for weeks. He helped secure The PRESIDING OFFICER. Is there a career in public service has been his- $500 million in assistance for the people sufficient second? tory in the making. He graduated from of Vermont to overcome a brutal nat- There appears to be a sufficient sec- St. Michael’s College, which is a ural disaster. ond. Vermont institution. He graduated I am fortunate to be able to serve The clerk will call the roll. from Georgetown University Law Cen- with PAT LEAHY here in the Senate. He The bill clerk called the roll. ter. is more than a colleague; he really is a He was first appointed as the State’s dear friend, as is his wife of 52 years, Mr. CORNYN. The following Senators attorney when he was 26 years old. He Marcelle, whom Landra and I know are necessarily absent: the Senator was then reelected on two separate oc- well. We have helped each other from Texas (Mr. CRUZ), the Senator casions. During that time, PAT LEAHY through our times of joy and our times from Kentucky (Mr. PAUL), the Senator was a nationally renowned prosecutor. of travail. Senator LEAHY and his wife from Florida (Mr. RUBIO), and the Sen- In 1974—his last as a State’s attorney— Marcelle have three wonderful children ator from Louisiana (Mr. VITTER). he was selected as one of the three and five grandchildren. Give PAT a The PRESIDING OFFICER. Are there most outstanding prosecutors in Amer- minute alone and he will start telling any other Senators in the Chamber de- ica. you about them. siring to vote? At age 34, PAT became the first Dem- Senator LEAHY, congratulations on The result was announced—yeas 47, ocrat in U.S. history to be elected to your 15,000th vote in the U.S. Senate. nays 49, as follows: the Senate from Vermont. After he was Mr. LEAHY. I thank my colleague.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.016 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7506 CONGRESSIONAL RECORD — SENATE October 27, 2015 (Applause, Senators rising.) kids is a clean and healthy planet. He I am so grateful to my fellow The PRESIDING OFFICER. The ma- has been a champion on women’s Vermonters for the confidence they jority leader. issues, and on so many other issues. have shown in me. It is a measure of Mr. MCCONNELL. Madam President, Senator LEAHY, on behalf of the peo- trust that urges me on. I will never be- as the Democratic leader has pointed ple of Vermont, I want to thank you so tray it, and I will never take it for out, this is indeed the 15,000th vote of much for your years of service. granted. Reflecting on the past 15,000 the Senator from Vermont. That (Applause, Senators rising.) votes reminds me about the signifi- means he has taken the largest number Mr. LEAHY. Madam President, I cance every time we vote, why I feel of votes among all of us currently serv- want to thank my dear friends, Sen- energized about what votes lie ahead, ing here in the Senate. It means he has ator REID, Senator MCCONNELL, Sen- and how we can keep making a dif- taken the sixth largest number of votes ator SANDERS, and Senator GRASSLEY ference. in Senate history. It certainly means for their comments, and I appreciate I thank my friends, the two leaders, he has taken more votes than any the opportunity to be able to serve for their remarks, my respected Senate other Senator from his State, and with them. I thank the members of the colleague, Senator SANDERS, my friend, Vermont has been sending Senators Senate for this opportunity to make a Senator GRASSLEY, with whom I’ve here since the late 1700s. very few observations about this per- served a long time. I appreciate my That is not the only thing that sets sonal milestone. friendship with them and have appre- him apart from every other Vermonter You know, the Senate offers both ciated my friendship with other lead- great opportunities and responsibility to serve here in the Senate. He was the ers, including Senators Mansfield, for both Senators from Vermont and first Democrat elected to serve from Byrd, Baker, Dole, Lott, and Daschle, all who serve here. We have a chance, Vermont. Unfortunately, that is a and lifelong gratitude to my former day after day, to make things better habit that has not continued. I think colleague, Senator Stafford, a Repub- for Vermonters and for all Americans. we can safely assume he is Vermont’s lican, who took me under his wing and We can strengthen our country and en- first Batman fanboy to serve as well; guided me. And I am privileged to serve sure its vitality into the future. We can the first Bat fan and probably the first now—I mean, our whole Vermont dele- forge solutions in the unending quest Dead Head as well. gation is here: Senator SANDERS, Con- throughout this Nation’s history to There is no doubt that our colleague gressman WELCH, and myself. Not form a more perfect Union. many other States could do that and is the longest serving current Member I cast my first vote in this Chamber of the Senate from any State. We are fit all of them in this body. And lastly in 1975 on a resolution to establish the I remember what a thrill it was to tell happy to recognize today his 15,000th Church Committee. The critical issues vote. my wife, Marcelle, when I cast my first of the post-Watergate era parallel vote. And now 40 years later, I can still (Applause, Senators rising.) issues we face today—proof of the en- The PRESIDING OFFICER. The Sen- tell her about the 15,000th vote, and she during fact that, while the votes we knows, she and our children and grand- ator from Iowa. cast today address the issues we face Mr. GRASSLEY. May I have 1 children are the most important people now, problems will persist, threats will in my life. minute to speak to that point? continue, and improvements to the de- The PRESIDING OFFICER. Without I do not want to further delay the mocracy we all revere can always be Senate’s work today, and I will reflect objection, it is so ordered. made. Mr. GRASSLEY. Madam President, I more on this milestone later. I thank I think back on the 15,000 votes I you for your friendships that have wish to commemorate my friend and have cast on behalf of Vermonters. A colleague for casting his 15,000th vote meant more to me and my family than lot of them come quickly to mind I can possibly say, and I look forward today in the Senate. today—some specific to Vermont and Senator LEAHY has been a stalwart to continuing serving here. Thank you some national and some global—writ- very, very much. Member of this body since joining the ing and enacting the organic farm bill, Senate at the age of 34 in 1975. Four (Applause, Senators rising.) the charter for what has become a Mr. DURBIN. Madam President, I decades later, Senator LEAHY continues thriving $30 billion industry; stronger want to add my voice to the well-de- to serve his State and our Nation with regulations on mercury pollution and served chorus of congratulations for great passion and conviction. combating the effects of global warm- our colleague and friend from Vermont. Senator LEAHY has been a good friend ing; emergency relief for the devasta- Of the 1,963 men and women who have as we work together in leading the tion caused by Tropical Storm Irene; ever served in the U.S. Senate, only six Senate Judiciary Committee. adopting price support programs for have the distinction of casting 15,000 So, Senator LEAHY, congratulations small dairy farmers; fighting for the votes. And of those august six, only on this tremendous milestone. I hope privacy and civil liberties of all Ameri- PATRICK LEAHY continues to serve in we can cast many more votes together cans; supporting the Reagan-O’Neill this body today. The only other mem- as we continue to work in a bipartisan deal to save Social Security; nutrition bers of the 15,000-vote league are Sen- way on the committee. bills to help Americans below the pov- ators Robert C. Byrd, Strom Thur- I applaud the Senator from Vermont erty line; bipartisan—strongly bipar- mond, Daniel Inouye, Ted Kennedy, for his great commitment to service, tisan—campaign reform in McCain- and Ted Stevens. and I wish him many more votes in the Feingold; the bipartisan Leahy-Smith More important than the number of future. Act, on patent reform; reauthorizing votes Senator LEAHY has cast, how- (Applause, Senators rising.) and greatly expanding and strength- ever, is the wisdom and courage re- The PRESIDING OFFICER. The jun- ening the Violence Against Women flected in his votes. ior Senator from Vermont. Act; opposing the war in Iraq, a ven- He was elected to the U.S. Senate in Mr. SANDERS. Madam President, I ture that cost so many lives and tril- 1974—part of an historic group of new rise to say a few words in congratu- lions of taxpayer dollars. Senators known as the ‘‘Watergate Ba- lating Senator LEAHY, not just for his The Senate at its best can be the con- bies.’’ 15,000th vote but on his many years of science of the Nation. I have seen that He has voted time and again to up- service serving the people of the State when it happens, and I marvel in the hold the values of our Constitution— of Vermont. Vermont is very proud of fundamental soundness and wisdom of even when it contained some political all of the work PAT LEAHY has done. our system every time the Senate risk. As we all know, Senator LEAHY has stands up and is the conscience of our His very first vote in this Senate was been a champion on agriculture issues, Nation. But we cannot afford to put to authorize the Church Committee— on protecting family farmers, espe- any part of the mechanism on auto- the precursor to today’s Senate Select cially in dairy and organics. He has matic pilot. It takes constant work and Committee on Intelligence. The Church been a champion in fighting for civil vigilance to keep our system working Committee was created to investigate liberties in this country. He has been a as it should for the betterment of our possible illegalities by the CIA, the champion on environmental issues, society and the American people. And FBI, and the National Security Agen- making sure the planet we leave our we can only do it if we work together. cy—and it resulted in major reforms.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.025 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7507 As you may know, Senator LEAHY is amendment directly following the im- closure, the underlying bill already a major Batman fan. In fact, he has portant monument of 15,000 votes by makes clear that information provided made several cameo appearances in one of the idols of my life, but so be it. to the Federal Government ‘‘shall be Batman movies. As it might become very clear, Sen- considered the commercial, financial, His affinity for the Caped Crusader ator BURR and I, on a bill that came and proprietary information’’ of the makes sense. You see, Batman is one of out of committee 14 to 1, have tried to entity submitting the information. the few superheroes with no super- keep a balance and have tried to pre- Commercial and financial information human powers. He is simply a man vent this kind of information sharing is exempt from disclosure under FOIA with unusual courage and determina- from being a threat to business so they pursuant to exemption (b)(4), and addi- tion to fight wrongdoing. That is PAT- won’t participate. Therefore, the words tional protections are unnecessary. RICK LEAHY, too. that are used are all important as to The comprehensive exemptions already I have served on the Senate Judiciary whether they have a legal derivation. in law have been carefully crafted to Committee for more than 18 years. Senator LEAHY’s amendment would es- protect the most sensitive information During that time, Senator LEAHY has sentially decrease the amount of shar- from disclosure while prohibiting the been either our committee chairman or ing by opening up the chance of public Federal Government from withholding its ranking member. disclosure through the Freedom of In- information the public is entitled to. I have the greatest respect for his fi- formation Act of cyber threats shared Creating unnecessary exemptions will delity to the rule of law and his deter- under this bill. call into question the existing FOIA mined efforts to safeguard the inde- Now, we seek to share information framework and threaten its twin goals pendence and integrity of America’s about the nature of cyber effects and of promoting government transparency Federal courts. suggestions on how to defend networks. and accountability. He is a champion of human rights at This information clearly should not be The new FOIA exemption in the home and abroad. made available to hackers and cyber cyber bill also includes a preemption According to the nonpartisan website criminals who could use it for their clause that is overly broad and sets a GovTrack, Senator LEAHY has spon- own purposes. So Senator BURR and I terrible precedent. As drafted, it ap- sored more bipartisan bills than any worked closely with Senator LEAHY plies not only to FOIA, but to all other current member of this Senate. and Senator CORNYN in putting to- State, local, or tribal disclosure laws. Sixty-one percent of his bills have had gether the managers’ package to re- By its very terms, this provision ap- both Democratic and Republican co- move a FOIA exemption that they plies not just to transparency and sun- sponsors. In this time of increasingly viewed as unnecessary and harmful. shine laws, but to any law ‘‘requiring sharp partisanship, that is a record That has been removed in the man- disclosure of information or records.’’ that we would all do well to emulate. agers’ package. Because this broad preemption of State I am particularly grateful to Senator The PRESIDING OFFICER. The time and local law has not received careful, LEAHY for his strong support of a bipar- of the Senator has expired. open consideration, there has not been tisan bill that I am cosponsoring, along Mrs. FEINSTEIN. I thank the Chair. adequate consultation with State and with a broad array of Senators, from The PRESIDING OFFICER. The Sen- local governments to consider the po- Chairman CHUCK GRASSLEY to Senator ator from Vermont. tential impacts. Such a sweeping ap- CORY BOOKER. The Sentencing Reform Mr. LEAHY. Madam President, as proach could impact hundreds of State and Corrections Act would make Fed- much as I hate to disagree with my and local laws and lead to unintended eral sentencing laws smarter, fairer, dear friend from California, I will on consequences. more effective, and more fiscally re- this amendment. Amending our Nation’s premier sponsible. It passed the Judiciary Com- I don’t like to see unnecessary ex- transparency law and preempting State mittee last week by a vote of 15–5. Sen- emptions to the Freedom of Informa- and local law deserves more public de- ator LEAHY’s leadership has been crit- tion Act. bate and consideration. If we do not op- Today I offer an amendment to the ical in building this broad support, and pose this new FOIA exemption, then I Cybersecurity Information Sharing Act I look forward to the day—in the near expect more antitransparency language that would remove from the bill an future, I hope—when we can celebrate will be slipped into other bills without overly broad and wholly unnecessary passage of this important measure. the consideration of the Judiciary new FOIA exemption. That new exemp- I learned recently that Senator Committee. Just a few months ago, I tion to our Nation’s premier trans- LEAHY dedicates all of his fees and roy- was here on the Senate floor fighting parency law was added without public alties from his acting roles to char- against new FOIA exemptions that had debate and in a closed session by the ities. A favorite charity is the Kellogg- been tucked into the surface transpor- Senate Intelligence Committee. Any Hubbard library in Montpelier, VT, tation bill, and I have no doubt I will amendments to the Freedom of Infor- where he read comic books as a child. be down here again in the future fight- mation Act should be considered open- I hope that there are young boys and ing similar fights. But an open and ly and publicly by the Senate Judiciary girls discovering in that library the transparent government is worth fight- Committee, which has exclusive juris- same uncommon courage and love of ing for. I believe in transparency in our diction over FOIA—not in secret by the justice that PATRICK LEAHY found Federal Government, and I believe that Senate Intelligence Committee. there. I expect that much of the informa- FOIA is the backbone to ensuring an America needs more heroes like PAT open and accountable government. I tion to be shared with the government LEAHY. urge all Members to join me in this ef- under CISA would be protected from AMENDMENT NO. 2587, AS MODIFIED fort and vote for the Leahy amend- disclosure to the general public. A The PRESIDING OFFICER. Under ment. thorough committee process, including the previous order, the question occurs The PRESIDING OFFICER. The time consideration by the Senate Judiciary on amendment No. 2587, as modified, of the Senator has expired. Committee, would have made clear offered by the Senator from Vermont, Mr. LEAHY. I thank the Chair. that the vast majority of sensitive in- Mr. LEAHY. The PRESIDING OFFICER. The formation to be shared under this bill Mr. MCCONNELL. I ask for the yeas question is on agreeing to amendment is already protected from disclosure and nays. No. 2587, as modified. The PRESIDING OFFICER. Is there a under existing FOIA exemptions. This The yeas and nays have been ordered. sufficient second? includes exemption (b)(4), which pro- The clerk will call the roll. There appears to be a sufficient sec- tects confidential business and finan- The senior assistant legislative clerk ond. cial information; exemption (b)(6) called the roll. The yeas and nays were ordered. which protects personal privacy; and Mr. CORNYN. The following Senators There will now be 2 minutes equally exemption (b)(7), which protects infor- are necessarily absent: the Senator divided. mation related to law enforcement in- from Texas (Mr. CRUZ), the Senator The Senator from California. vestigations. from Kentucky (Mr. PAUL), the Senator Mrs. FEINSTEIN. Madam President, In case there is any doubt that this from Florida (Mr. RUBIO), and the Sen- I rise regretfully to speak against the information would be exempt from dis- ator from Louisiana (Mr. VITTER).

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.014 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7508 CONGRESSIONAL RECORD — SENATE October 27, 2015 The PRESIDING OFFICER. Are there required by subsection (b), the policies and mit to Congress, and make available to the any other Senators in the Chamber de- procedures developed and promulgated under public interim guidelines relating to privacy siring to vote? this subsection shall— and civil liberties which shall govern the re- The result was announced—yeas 37, (A) ensure that cyber threat indicators ceipt, retention, use, and dissemination of shared with the Federal Government by any cyber threat indicators by a Federal entity nays 59, as follows: entity pursuant to section 104(c) through the obtained in connection with activities au- [Rollcall Vote No. 287 Leg.] real-time process described in subsection (c) thorized in this title. YEAS—37 of this section— (2) FINAL GUIDELINES.— Baldwin Gillibrand Reid (i) are shared in an automated manner (A) IN GENERAL.—Not later than 180 days Bennet Heinrich Sanders with all of the appropriate Federal entities; after the date of the enactment of this Act, Blumenthal Heller Schatz (ii) are not subject to any unnecessary the Attorney General shall, in coordination Booker Hirono Schumer delay, interference, or any other action that with heads of the appropriate Federal enti- Boxer Klobuchar Shaheen could impede receipt by all of the appro- ties and in consultation with officers des- Brown Leahy Stabenow priate Federal entities; and ignated under section 1062 of the National Cantwell Lee Sullivan (iii) may be provided to other Federal enti- Security Intelligence Reform Act of 2004 (42 Cardin Markey Tester Casey Menendez ties; U.S.C. 2000ee–1) and such private entities Udall Coons Merkley (B) ensure that cyber threat indicators with industry expertise as the Attorney Gen- Warren Daines Murray shared with the Federal Government by any eral considers relevant, promulgate final Wyden Durbin Peters entity pursuant to section 104 in a manner guidelines relating to privacy and civil lib- Franken Reed other than the real time process described in erties which shall govern the receipt, reten- NAYS—59 subsection (c) of this section— tion, use, and dissemination of cyber threat (i) are shared as quickly as operationally Alexander Fischer Moran indicators by a Federal entity obtained in practicable with all of the appropriate Fed- connection with activities authorized in this Ayotte Flake Murkowski eral entities; Barrasso Gardner title. Murphy (ii) are not subject to any unnecessary Blunt Graham Nelson (B) PERIODIC REVIEW.—The Attorney Gen- Boozman Grassley Perdue delay, interference, or any other action that eral shall, in coordination with heads of the Burr Hatch Portman could impede receipt by all of the appro- appropriate Federal entities and in consulta- Capito Heitkamp Risch priate Federal entities; and tion with officers and private entities de- Carper Hoeven Roberts (iii) may be provided to other Federal enti- Cassidy Inhofe scribed in subparagraph (A), periodically, but Rounds ties; Coats Isakson not less frequently than once every two Sasse (C) consistent with this title, any other ap- Cochran Johnson years, review the guidelines promulgated Scott plicable provisions of law, and the fair infor- Collins Kaine under subparagraph (A). Sessions mation practice principles set forth in ap- Corker King (3) CONTENT.—The guidelines required by Shelby Cornyn Kirk pendix A of the document entitled ‘‘National paragraphs (1) and (2) shall, consistent with Thune Cotton Lankford Strategy for Trusted Identities in Cyber- the need to protect information systems Crapo Manchin Tillis space’’ and published by the President in from cybersecurity threats and mitigate cy- Donnelly McCain Toomey April 2011, govern the retention, use, and dis- bersecurity threats— Enzi McCaskill Warner semination by the Federal Government of (A) limit the effect on privacy and civil lib- Ernst McConnell Whitehouse cyber threat indicators shared with the Fed- Feinstein Mikulski Wicker erties of activities by the Federal Govern- eral Government under this title, including ment under this title; NOT VOTING—4 the extent, if any, to which such cyber (B) limit the receipt, retention, use, and threat indicators may be used by the Federal Cruz Rubio dissemination of cyber threat indicators con- Government; and Paul Vitter taining personal information or information (D) ensure there are— that identifies specific persons, including by The amendment (No. 2587), as modi- (i) audit capabilities; and establishing— fied, was rejected. (ii) appropriate sanctions in place for offi- AMENDMENT NO. 2582 cers, employees, or agents of a Federal enti- (i) a process for the timely destruction of The PRESIDING OFFICER. Under ty who knowingly and willfully conduct ac- such information that is known not to be di- rectly related to uses authorized under this the previous order, the question occurs tivities under this title in an unauthorized manner. title; and on amendment No. 2582, offered by the (ii) specific limitations on the length of (4) GUIDELINES FOR ENTITIES SHARING CYBER Senator from Arizona, Mr. FLAKE. THREAT INDICATORS WITH FEDERAL GOVERN- any period in which a cyber threat indicator The Senator from North Carolina. MENT.— may be retained; AMENDMENT NOS. 2582, AS MODIFIED, AND 2552, (A) IN GENERAL.—Not later than 60 days (C) include requirements to safeguard AS FURTHER MODIFIED after the date of the enactment of this Act, cyber threat indicators containing personal Mr. BURR. Madam President, I ask the Attorney General and the Secretary of information or information that identifies unanimous consent that the Flake Homeland Security shall develop and make specific persons from unauthorized access or acquisition, including appropriate sanctions amendment No. 2582 and the Coons publicly available guidance to assist entities and promote sharing of cyber threat indica- for activities by officers, employees, or amendment No. 2552 be modified with agents of the Federal Government in con- the changes at the desk. tors with Federal entities under this title. (B) CONTENTS.—The guidelines developed travention of such guidelines; The PRESIDING OFFICER. Without and made publicly available under subpara- (D) include procedures for notifying enti- objection, it is so ordered. graph (A) shall include guidance on the fol- ties and Federal entities if information re- The amendments (No. 2582), as modi- lowing: ceived pursuant to this section is known or fied, and (No. 2552), as further modified, (i) Identification of types of information determined by a Federal entity receiving are as follows: that would qualify as a cyber threat indi- such information not to constitute a cyber threat indicator; AMENDMENT NO. 2582, AS MODIFIED cator under this title that would be unlikely (E) protect the confidentiality of cyber At the end, add the following: to include personal information or informa- tion that identifies a specific person not di- threat indicators containing personal infor- SEC. 11. EFFECTIVE PERIOD. rectly related to a cyber security threat. mation or information that identifies spe- (a) IN GENERAL.—Except as provided in (ii) Identification of types of information cific persons to the greatest extent prac- subsection (b), this Act and the amendments protected under otherwise applicable privacy ticable and require recipients to be informed made by this Act shall be in effect during the laws that are unlikely to be directly related that such indicators may only be used for 10-year period beginning on the date of the to a cybersecurity threat. purposes authorized under this title; and enactment of this Act. (iii) Such other matters as the Attorney (F) include steps that may be needed so (b) EXCEPTION.—With respect to any action General and the Secretary of Homeland Se- that dissemination of cyber threat indicators authorized by this Act or information ob- curity consider appropriate for entities shar- is consistent with the protection of classified tained pursuant to an action authorized by ing cyber threat indicators with Federal en- and other sensitive national security infor- this Act, which occurred before the date on tities under this title. mation. which the provisions referred to in sub- (b) PRIVACY AND CIVIL LIBERTIES.— (c) CAPABILITY AND PROCESS WITHIN THE section (a) cease to have effect, the provi- (1) GUIDELINES OF ATTORNEY GENERAL.—Not DEPARTMENT OF HOMELAND SECURITY.— sions of this Act shall continue in effect. later than 60 days after the date of the enact- (1) IN GENERAL.—Not later than 90 days AMENDMENT NO. 2552, AS FURTHER MODIFIED ment of this Act, the Attorney General shall, after the date of the enactment of this Act, Beginning on page 23, strike line 3 and all in coordination with heads of the appro- the Secretary of Homeland Security, in co- that follows through page 33, line 10 and in- priate Federal entities and in consultation ordination with the heads of the appropriate sert the following: with officers designated under section 1062 of Federal entities, shall develop and imple- (3) REQUIREMENTS CONCERNING POLICIES AND the National Security Intelligence Reform ment a capability and process within the De- PROCEDURES.—Consistent with the guidelines Act of 2004 (42 U.S.C. 2000ee–1), develop, sub- partment of Homeland Security that—

VerDate Sep 11 2014 02:39 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD15\S27OC5.REC S27OC5 bjneal on DSK67QTVN1PROD with CONG-REC-ONLINE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7509 (A) shall accept from any entity in real partment of Homeland Security has devel- necessary information. The amend- time cyber threat indicators and defensive oped the measures described in paragraph ment is intentionally modest. It makes measures, pursuant to this section; (1)(C); or only changes that are most needed for (B) shall, upon submittal of the certifi- (B) the date that is 12 months after the the sake of both privacy and security. cation under paragraph (2) that such capa- date of enactment of this Act. I urge my colleagues to support this bility and process fully and effectively oper- AMENDMENT NO. 2582, AS MODIFIED amendment. ates as described in such paragraph, be the Mr. FLAKE. Madam President, I process by which the Federal Government re- The PRESIDING OFFICER. The Sen- thank the chair of the subcommittee ceives cyber threat indicators and defensive ator from North Carolina. and the vice chair, ranking member, measures under this title that are shared by Mr. BURR. Madam President, let me for working on this. This was initially a private entity with the Federal Govern- say to my colleagues, again, we are ment through electronic mail or media, an a 6-year sunset. This has been moved trying to change the words that have interactive form on an Internet website, or a under the amendment to a 10-year sun- been very delicately chosen to provide real time, automated process between infor- set. I believe it is important, when we the certainty that companies under- mation systems except— deal with information that is sensitive, (i) consistent with section 104, communica- stand and need for them to make a de- to have a look back after a number of tions between a Federal entity and a private cision to share. years to see if we have struck the right entity regarding a previously shared cyber Like some other amendments, if you threat indicator to describe the relevant cy- balance. don’t want them to share, then provide bersecurity threat or develop a defensive We have done that on other sensitive measure based on such cyber threat indi- programs like this. I think it ought to uncertainty. That is in language cator; and be done here. I appreciate the work changing from ‘‘may’’ to ‘‘reasonably (ii) communications by a regulated entity likely,’’ changing from ‘‘actual’’ or that Senators BURR and FEINSTEIN and with such entity’s Federal regulatory au- my colleagues have put into this. ‘‘potential’’ to ‘‘harm caused by an in- thority regarding a cybersecurity threat; cident.’’ The Department of Homeland (C) shall require the Department of Home- I urge support. The PRESIDING OFFICER. The Sen- Security is for this bill. The White land Security to develop and implement House is for this bill. Fifty-two organi- measures to remove, through the most effi- ator from North Carolina. cient means practicable, any personal infor- Mr. BURR. Madam President, I zations representing thousands of com- mation of or identifying a specific person not thank my colleagues. We have agreed panies in America are for this bill. We necessary to identify or describe the cyberse- on this. We can hopefully do this by have reached the right balance. Let’s curity threat before sharing a cyber threat voice vote. defeat this amendment and let’s move indicator or defensive measure with appro- The PRESIDING OFFICER. If there to this afternoon’s amendments. priate Federal entities; I yield the floor. (D) ensures that all of the appropriate Fed- is no further debate, the question is on eral entities receive in an automated manner agreeing to the amendment, as modi- The PRESIDING OFFICER. The such cyber threat indicators as quickly as fied. question is on agreeing to the amend- operationally possible from the Department The amendment (No. 2582), as modi- ment, as further modified. of Homeland Security; fied, was agreed to. Mr. TILLIS. I ask for the yeas and (E) is in compliance with the policies, pro- AMENDMENT NO. 2612, AS FURTHER MODIFIED nays. cedures, and guidelines required by this sec- The PRESIDING OFFICER. Is there a tion; and The PRESIDING OFFICER. Under (F) does not limit or prohibit otherwise the previous order, the question occurs sufficient second? lawful disclosures of communications, on amendment No. 2612, as further There appears to be a sufficient sec- records, or other information, including— modified, offered by the Senator from ond. (i) reporting of known or suspected crimi- Minnesota, Mr. FRANKEN. The clerk will call the roll. nal activity, by an entity to any other entity The Senator from Minnesota. The bill clerk called the roll. or a Federal entity; Mr. CORNYN. The following Senators (ii) voluntary or legally compelled partici- Mr. FRANKEN. Madam President, pation in a Federal investigation; and the Franken, Leahy, Durbin, and are necessarily absent: the Senator (iii) providing cyber threat indicators or Wyden amendment addresses concerns from Texas (Mr. CRUZ), the Senator defensive measures as part of a statutory or raised by privacy advocates, tech com- from South Carolina (Mr. GRAHAM), the authorized contractual requirement. panies, and security experts, including Senator from Kentucky (Mr. PAUL), the (2) CERTIFICATION.—Not later than 10 days the Department of Homeland Security. Senator from Florida (Mr. RUBIO), and prior to the implementation of the capa- The amendment tightens definitions the Senator from Louisiana (Mr. VIT- bility and process required by paragraph (1), of the terms ‘‘cyber security threat’’ TER). the Secretary of Homeland Security shall, in consultation with the heads of the appro- and ‘‘cyber threat indicator,’’ which The PRESIDING OFFICER. Are there priate Federal entities, certify to Congress are currently too broad and too vague, any other Senators in the Chamber de- whether such capability and process fully and would encourage the sharing of ex- siring to vote? and effectively operates— traneous information—unhelpful infor- The result was announced—yeas 35, (A) as the process by which the Federal mation. nays 60, as follows: Government receives from any entity a Overbreadth is not just a privacy [Rollcall Vote No. 288 Leg.] cyber threat indicator or defensive measure problem; as DHS has noted, it is bad under this title; and YEAS—35 for cyber security if too much of the (B) in accordance with the policies, proce- Baldwin Gillibrand Peters dures, and guidelines developed under this wrong kind of information floods into Bennet Heinrich Reid section. agencies. Blumenthal Heller Sanders Booker Hirono (3) PUBLIC NOTICE AND ACCESS.—The Sec- My amendment redefines ‘‘cyber se- Schatz Boxer Klobuchar Schumer retary of Homeland Security shall ensure curity threat’’ as an action that is at Brown Lankford there is public notice of, and access to, the Shaheen least reasonably likely to try to ad- Cantwell Leahy Stabenow capability and process developed and imple- versely impact an information system. Cardin Lee Tester mented under paragraph (1) so that— Coons Markey It is a standard that tells companies Udall Daines Menendez (A) any entity may share cyber threat in- Warren what is expected of them and assures Durbin Merkley dicators and defensive measures through Wyden such process with the Federal Government; consumers that CISA imposes appro- Franken Murray and priate limits. NAYS—60 The PRESIDING OFFICER. The Sen- (B) all of the appropriate Federal entities Alexander Collins Grassley receive such cyber threat indicators and de- ator’s time has expired. Ayotte Corker Hatch fensive measures as quickly as operationally Mr. FRANKEN. Madam President, I Barrasso Cornyn Heitkamp practicable with receipt through the process ask unanimous consent for 20 more sec- Blunt Cotton Hoeven within the Department of Homeland Secu- onds. Boozman Crapo Inhofe rity. Burr Donnelly Isakson The PRESIDING OFFICER. Without Capito Enzi Johnson (4) EFFECTIVE DATE OF CERTAIN PROVISION.— Carper Ernst Kaine The requirement described in paragraph objection, it is so ordered. Mr. FRANKEN. The amendment also Casey Feinstein King (1)(C) shall take effect upon the earlier of— Cassidy Fischer Kirk (A) the date on which the Secretary of tightens the definition of ‘‘cyber threat Coats Flake Manchin Homeland Security determines that the De- indicator’’ to avoid the sharing of un- Cochran Gardner McCain

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.005 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7510 CONGRESSIONAL RECORD — SENATE October 27, 2015 McCaskill Portman Shelby We saw in the last few days that the going to happen, but of course we need McConnell Reed Sullivan Mikulski Risch Thune head of the CIA had his own personal to continue to work now to put a bill Moran Roberts Tillis account hacked into apparently by a on the President’s desk that does that. Murkowski Rounds Toomey teenager who is in the process of shar- There still remain things to be done. Murphy Sasse Warner ing that information. If the head of the One of the things I have worked on for Nelson Scott Whitehouse ARPER Perdue Sessions Wicker CIA and the head of Homeland Security the last 3 years—Senator C and I do not know how to protect their own have worked together, Senator WARNER NOT VOTING—5 personal information, obviously infor- has been very engaged in this discus- Cruz Paul Vitter sion, as has Chairman THUNE—is the Graham Rubio mation much more valuable than they might personally share is also in jeop- protection of sensitive personal infor- The amendment (No. 2612), as further ardy. mation as well as how do we protect modified, was rejected. We do need to ensure that we protect the systems themselves. The PRESIDING OFFICER. The Sen- people’s personal liberties. We need to Clearly this information sharing will ator from Missouri. do that in a way that defends the coun- help in that fight. There is no doubt Mr. BLUNT. Madam President, I ask try. Both of those are primarily re- about that. In addition to supporting unanimous consent to address the floor sponsibilities that we accept when we this bill, I want to continue to work for up to 15 minutes. with my colleagues to see that we have The PRESIDING OFFICER. Without take these jobs, and it is certainly our responsibility to the Constitution a way to notify people in a consistent objection, it is so ordered. way when their information has been Mr. BLUNT. Madam President, last itself. I think Chairman BURR and Vice stolen. week I came to the floor to express my There are at least a dozen different support for the Cybersecurity Informa- Chairman FEINSTEIN have done a good job of bringing that balance together. State laws that address how you secure tion Sharing Act, which we are dealing personal information, and there are 47 with today. The bipartisan vote of 83 to This bill is carefully crafted in a way that creates a number of different lay- different State laws that address how 14 that happened later that day was an you tell people if their information has important step in the right direction to ers of efforts to try to do both of those things. been stolen. That is too much to com- deal with this issue. The debate has ply with. We need to find one standard. been encouraging. We need to deal with First, the bill only encourages shar- ing; it doesn’t require it. It doesn’t re- This patchwork of laws is a nightmare this threat to our economy. It is a for everybody trying to comply and threat to our security, it is a threat to quire anybody to share anything they don’t want to share, but it encourages frankly a nightmare for citizens who our privacy, and we need to deal with get all kinds of different notices in all it now. the sharing of cyber threats. It works on the techniques and the malware kinds of different ways. As I and others have said before, if Without a consistent national stand- used by hackers. It specifically does we wait until there is an event that ard pertaining to securing information, not authorize the sharing of personal gets people’s attention in such a dra- without a consistent national standard information, and in fact the bill explic- matic way that everybody suddenly re- pertaining to what happens when you itly directs the Federal Government to alizes what is at stake, there is no tell- have a data breach and your informa- develop and make available to the pub- ing what kind of overreaction Congress tion is wrongly taken by someone else, lic guidelines to protect privacy and will make. This has been a good debate we have only done part of this job. So civil liberties in the course of sharing at the time we should have it. Now, of I want us to continue to work to find the information. course, we need to move on. the solutions there. We need to find a There have been a lot of amendments The Attorney General is required to way to establish that standard for both offered. Many amendments have been review these guidelines on a regular data security and data breach. I am accepted by the managers of the bill. basis. The bill mandates reports on the going to continue to work with the With almost all certainty, today we implementation and any privacy im- Presiding Officer and my other col- will finish the remaining amendments pacts by inspectors general and by the leagues. Our other committee, the pending on the bill and hopefully finish Privacy and Civil Liberties Oversight commerce committee, is a critical the bill itself. A lot of these amend- Board, to ensure that these threats to place to have that happen. I wish we ments have been very well-inten- privacy are constantly looked at. could have done this on this bill. We tioned—in fact, I suspect they all have Senator FLAKE’s amendment, which didn’t get it done on this bill, but I been well-intentioned—but in many we accepted as part of the bill just a would say that now the first step to do cases they fundamentally undermine few minutes ago, guarantees that this what we need to do is dealing with the the core purpose of the bill, which is to issue has to be revisited. problem of cyber security in the way have voluntary real-time sharing of I gave a speech at Westminster Col- this bill does and then finish the job at cyber threats, to allow that sharing to lege in Fulton, MO, about a month ago some later time. be between private entities and the at the beginning of the 70th year of the So I look forward to seeing this bill Federal Government, and even for pri- anniversary of Winston Churchill giv- passed today. I am certainly urging my vate entities to be able to share with ing the ‘‘Iron Curtain’’ speech on that colleagues to vote for it. I think it has each other. campus and talking about liberty the protections the people we work for This is a bill that creates the liabil- versus security there. I said I thought would want to see, and I am grateful to ity protections and the anti-trust pro- one of the things we should always do my colleagues for giving me a few mo- tections which that particular kind of is have a time that forced us as a Con- ments here to speak. sharing would allow. Of course, gress to revisit any of the laws we have I yield the floor. throughout this whole debate, there looked at in recent years to be sure we has been much discussion about how protect ourselves and protect our lib- f we protect our liberty in an informa- erty at the same time. This is a vol- RECESS tion age. How do we have both security untary bill. Maybe that wouldn’t have The PRESIDING OFFICER. Under and liberty? been quite as absolutely necessary the previous order, the Senate stands Having served for a number of years here, but I was pleased to see that re- in recess until 2:15 p.m. on both the House Intelligence Com- quirement again added to this bill, as Thereupon, the Senate, at 1:01 p.m., mittee and the Senate Intelligence it has been to other bills like this. recessed until 2:15 p.m. and reassem- Committee, having served on the This is a responsible bill. The people bled when called to order by the Pre- Armed Services Committee in the last the Presiding Officer and I work for siding Officer (Mr. PORTMAN). Congress and in this Congress on the can feel good about the responsible bal- f Defense Appropriations Committee, ance it has. It defends our security, but there is no argument in any of those it also protects our liberty. I look for- CYBERSECURITY INFORMATION committees that one of our great vul- ward to its final passage today. The de- SHARING ACT OF 2015—Continued nerabilities is cyber security and how bate would lead me to believe, and the The PRESIDING OFFICER. Under we protect ourselves. votes would lead me to believe, that is the previous order, the time until 4

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.006 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7511 p.m. is equally divided in the usual would like, once again, to recognize essarily known or shared with the De- form. Senators FEINSTEIN and BURR’s hard partment of Homeland Security. What The Senator from Rhode Island. work here and their willingness to lis- the folks at the National Security Mr. REED. Mr. President, I wish to ten to their colleagues. While I might Agency knew was not shared with ei- comment briefly on the Cybersecurity personally have set the balance slight- ther of the other two agencies. What Information Sharing Act that the Sen- ly different in some places, which is the Defense Information Agency knew ate is considering. Let me first com- why I have supported some of the or what other agencies knew simply mend the sponsors, Senator BURR and amendments before us, I think they didn’t get shared—stovepiped—because Senator FEINSTEIN, for their extraor- have done a significant job in improv- we did a lousy job of sharing the real dinary work. ing the bill and providing privacy pro- story, the full truth on what was being This bill will help ensure greater tection. plotted, what was going to come down sharing of cyber threat information, I do want to draw my colleagues’ at- and literally take thousands of lives in more rapidly and broadly, across indus- tention to one important additional one day and change in many ways our try and government. As we have seen fact here, which in some cases has been country—in profound ways that still with large-scale attacks against the largely overlooked. The cyber informa- exist today. ‘‘Stovepiping’’—I have Federal Government and companies tion sharing system established by this heard that word a hundred times in such as Sony, there is an urgent need bill will require Federal dollars to im- hearings and before our committee and to start addressing these breaches. plement. Many of the agencies in- in talking to folks in the 9/11 Commis- While such legislation is not going to volved—the Department of Homeland sion. The legislation that we passed on eliminate our cyber security chal- Security being the primary portal for the heels of that disaster was designed lenges, it should materially help to de- shared threat indicators—are funded on to make sure we didn’t end up feat and deter cyber attacks and assist the nondefense discretionary side of stovepiping again with intelligence in- law enforcement in tracking down and the ledger. This is an example of why I formation that might lead us to avert prosecuting cyber criminals. Informa- and many of my colleagues have been that kind of disaster. So far, it seems tion sharing will also assist the intel- urging for sequester relief for both de- to be working and is much needed, and ligence agencies and law enforcement fense and nondefense spending—be- I think it has been helpful. to detect and trace the attacks origi- cause we cannot defend our homeland Today, I want to talk about a dif- nating from foreign actors, which is a without funding nondefense agencies ferent kind of stovepiping that I am crucial step in holding other countries such as the Department of Homeland afraid we may end up with—not to accountable. Security and a host of other key Fed- avert or block an aviation takeover of Many of our citizens and corpora- eral agencies. Indeed, I am encouraged an aircraft and disasters involving the tions are understandably concerned that we are close to voting on a budget aviation sector but a disaster in cyber about the impact of information shar- solution that will provide 2 years of se- space in the face of cyber threats to ing on privacy. But we also must recog- quester relief on a proportionally equal our country. nize that rampant cyber crime is a basis for defense and nondefense spend- We are working here today and will monumental threat to the privacy of ing, and that protects the full faith and be voting later today on an amendment the American people, and that sharing credit of the United States by taking or two and then on final passage of the information about these criminal acts the threat of default off the table until Cybersecurity Information Sharing cannot only protect privacy but also March of 2017. Act. Again, just to remind everybody, protect our public safety and national For this reason, I look forward to the reason why we are considering this security. final passage of this legislation. I once is there needs to be a better sharing of With respect to the specific privacy again commend the principal authors, information when businesses come protections in the legislation before us, Senator BURR and Senator FEINSTEIN, under cyber attack from those within the managers of this bill have come a for their extraordinary effort. our country, outside of our country, long way toward improving the balance I yield the floor. cyber nations, and criminal organiza- between security and privacy protec- The PRESIDING OFFICER. The Sen- tions. We need to do a better job of tion, especially the changes made to ator from Delaware. sharing that information—business to the base bill by the managers’ sub- AMENDMENT NO. 2581, AS MODIFIED business and business to government— stitute. Mr. CARPER. Mr. President, I want and for the government to share that A major area of concern was whether to go back in time a little more than information within the government to the government should be authorized 12, 13 or 14 years ago, to 9/11. One of the agencies that need to know so we can to use information shared under this lessons learned by the committee on respond to those attacks. bill to investigate or prosecute a host which the Presiding Officer and I serve, Shortly after the 9/11 Commission of crimes unrelated to cyber security. now the Homeland Security and Gov- recommendations were enacted, one of Now the bill is more narrowly tailored ernmental Affairs Committee, was the things that we did was we stood up and focused on using information gath- learned from former Governor Tom a new department called the Depart- ered under this bill to go after crimes Kean of New Jersey, cochair, along ment of Homeland Security. It is a ci- that are specifically related to cyber with former Congressman Lee Ham- vilian agency, as we know. It is not the security. ilton from Indiana, former chair of the Department of Defense. It is not the The managers’ substitute also adds a House Foreign Affairs Committee. Department of Justice. It is not the requirement that the information shar- They were the cochairs of the 9/11 Com- FBI, and it is not the National Secu- ing procedures, required to be issued mission. One of the things they rity Agency. It is a civilian organiza- under this bill, include a duty to notify brought to our committee and to the tion. individuals when the Federal Govern- Congress, after a lot of work by a num- When the Department of Homeland ment shares their personally identifi- ber of good men and women who served Security was created, one of the ideas able information, or PII, erroneously. on that commission, was the root behind it was that it would not be just The managers’ substitute also in- causes for how that disaster occurred: a civilian operation, but it would be a cludes an improved reporting require- How could those four aircraft take civilian operation that could receive, ment that will show the number of no- down the Twin Towers, crash into the from businesses and from other govern- tices sent because the government im- Pentagon, and crash into a field in mental entities, information relating properly shared an individual’s PII and Shanksville, PA, instead of this build- to cyber attacks. That information the number of cyber threat indicators ing right here? How could that have could come through a portal—think shared automatically and, in addition, happened? about it; almost like a window— the number of times these indicators There are a number of reasons why it through which those threat indicators were used to prosecute crimes. happened. But one of the reasons why would be reported. Those threat indica- So the managers’ substitute has it happened is that we had stovepiped tors would come through that portal at come a long way toward being more our intelligence services. What the the Department of Homeland Security. protective of individual privacy, and I folks over at the FBI knew wasn’t nec- The Department of Homeland Security

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.033 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7512 CONGRESSIONAL RECORD — SENATE October 27, 2015 would do, almost in real time, a pri- have to share with the Department of HEITKAMP from North Dakota and 47 vacy scrub to strip off from the infor- Homeland Security. other cosponsors, will block EPA’s mation—the threat indicators sub- The reason why in our legislation, greenhouse gas regulation targeting mitted from other businesses or other which Senator BURR, Senator FEIN- existing power sources. I also strongly government entities—Social Security STEIN, I, and others have worked on, we support Leader MCCONNELL’s com- numbers or other personally identifi- have it going through the Department panion resolution to block the regula- able information or information that of Homeland Security is because, more tions targeting new power limits. just shouldn’t go to other Federal than any Federal agency, they are set As I was thinking about the speech agencies or other businesses. They up to do privacy scrubs. That is one of today and as I rise to give this speech, would strip it out—not in a week, not the things they do, and, frankly, they I realize I have said many of these in a day, not in an hour, not even, in do it really well. Their job is to then same words so many times before. I many cases, in a minute, but just like spread that information and share that have expressed the same frustrations that—immediately—real-time privacy information back to the private sector, and spouted off similar statistics. What scrub. in some cases, and in other cases, just is the difference this time? The dif- As the Presiding Officer knows, we with relevant agencies—NSA, FBI, De- ference is we have already seen the tried for years to be able to enact legis- partment of Justice, Treasury, whoever devastating effects and the callous na- lation that incentivizes businesses that else needs to know that information. ture of regulatory overreach. We know have been victims of cyber attacks to As part of the authors of the legisla- what the new reality would be. The share that information with one an- tion, I join them in this. Our fear is if new reality would be what we are fac- other, with other businesses, and with the information isn’t shared with the ing with these new carbon regulations: the Federal Government. A bunch of Department of Homeland Security, the reality of the families, the faces, them have been reluctant to do it. which will then broadly share it in and the hardships that we have already Some of them have been reluctant to real-time and share that information endured; the thousands of layoffs in my do it because they don’t want to get with those who need to know it, and if State of West Virginia that have al- sued. If they disclose that they had a it ends up that the FBI or, frankly, any ready been issued; the jobs that have breach and maybe their competitors other agency that doesn’t have that been lost and will never come back. Just this morning, nearly 200 West didn’t, how would that be used against ability to do a great privacy scrub Virginia coal miners in Randolph maybe, that doesn’t have maybe the them? How could they be named in County were informed that their jobs mission to immediately share that in- lawsuits if attacks occurred? will be gone by Christmas. Think about So in order to get them to be willing formation in real time to other rel- how those families will spend their to share information, we had to incent evant players, then the news—the word Christmas holiday. Then consider how them. And the way we decided to about that cyber attack—could lit- those realities will be magnified and incent them is to say: Share the infor- erally stay at that agency—the FBI or felt throughout many households mation. You don’t have to worry if you the Secret Service, for that matter. We across the country if these carbon share it with the Department of Home- don’t want that to happen. We don’t mandates move forward—the higher land Security through the portal estab- want to see that information electricity bills that will result, the lished in this civilian agency. Share it stovepiped in one agency. We want to squeeze that already is squeezing with the Department of Homeland Se- make sure that it goes to one agency struggling middle-class families who curity, and you have liability protec- that does the privacy scrub. We want are living on fixed incomes, and the tion or, as it turns out, if you already to make sure the agency that does the squeeze that those who live on fixed in- shared it previously, if it has been privacy scrub shares that information comes will feel. Our most vulnerable shared previously with the Federal in real time with relevant Federal will bear the burden. Consider the far- Government, you can share it again agencies and the private sector. reaching effects these regulations will and still enjoy liability protection. You I probably shouldn’t pretend to speak have on schools that are now seeing can share it with companies that are for Senator FEINSTEIN and Senator their budgets shrink, home values that victims of cyber attacks, share it with BURR. They will be here to speak for are now on the decline, and fewer dol- their regulator, and still enjoy liability themselves. But I know they share my lars that are available for public safety protection. concerns about this legislation. I ask, and law enforcement. What we want to do is to make sure on behalf of them, and, frankly, for It is reality that the policies ema- companies and businesses that are others of us who believe that this is a nating from this government—from our hacked don’t just sit on the informa- dangerous amendment—and I don’t say government—are causing this destruc- tion, that they do something with it. that lightly. We have worked really tion. This is not a natural disaster. This is a saying we have on Amtrak: If hard. We have worked really well This is not a fiscal crisis. This is not an you see something, say something. If across the aisle—literally for months uncontrollable event but a carefully something happens to a business—a now—to get to this point. To use a crafted, precise, and very meditated as- cyber attack intrusion—we want them football analogy, we are not just in the sault on certain areas of the country. to share it so other businesses and red zone passing this legislation; we These are policies that help some other Federal agencies can be prepared are on the 10-yard line, and it is first States and truly hurt others, policies for it, look out for it, and stop it. down and goal to go. Let’s not muff the that target States like West Virginia Where does this take me? This takes play. Let’s get the ball to the end zone. and North Dakota where we produce me to an amendment that we are going Let’s pass this legislation. Let’s vote some of the most reliable and afford- to be voting on later this afternoon of- down the Cotton amendment, and let’s able energy, and policies that are rip- fered by one of our colleagues, Senator go to conference. Let’s go to conference ping the American dream away from COTTON. It would, I fear, risk revisiting and provide the kind of protection families in my State and communities. stovepiping—not the kind of against cyber attacks that this coun- Our families want and deserve healthy, stovepiping that led to the disaster of try desperately needs and deserves. clean air and water, and they want to 9/11 but stovepiping that could lead to I yield the floor. live in a great environment. But poli- cyber threats—threat indicators shared The PRESIDING OFFICER. The Sen- cies from Washington that pit one with the Federal Government but not ator from West Virginia. State against another and prioritize with the Department of Homeland Se- CARBON REGULATIONS certain communities and certain jobs curity, which receives these threats Mrs. CAPITO. Mr. President, today I over others are bringing the livelihoods and immediately disburses them to rise on behalf of West Virginian work- of many to a halt. On behalf of Ameri- other agencies that have a need to ers, families, communities, and all cans across the country, Members of know. But what the Cotton amendment hardworking Americans who will bear Congress now have the opportunity to would do is that it would say that a the burden of these onerous carbon express our concerns with these carbon business that is a victim of a cyber at- mandates. The bipartisan resolution of mandates. We have an opportunity to tack could share with the FBI, could disapproval, which I have introduced weigh in about whether these burden- share with Secret Service, but wouldn’t with my colleague Senator HEIDI some regulations should go into effect.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.034 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7513 I believe that a majority of my col- risdictional reach but something that to our utilities and our regulators. leagues understand the need for afford- people started rolling up their sleeves This final rule was so vastly different able and reliable energy, and that is saying if we have to reduce by 11 per- from the rule that was proposed, it was why I am confident that Congress will cent, how are we going to do it and how almost laughable that EPA said it pass these resolutions and place this are we going to meet this challenge? wasn’t in any way informed by any real critical issue of America’s economic fu- That is the North Dakota way, to not input or any real comment. How can ture squarely on President Obama’s only fight for our rights but also look you take a utility and a State from 11 desk. With the international climate at what the alternatives are. Unfortu- percent to 45 percent and not reissue negotiations in Paris scheduled for De- nately, when the draft rule went from that rule? How can that be the move- cember, the world is watching whether an 11-percent to a 45-percent reduction ment in the final rule? the United States will foolishly move in the final rule, that was the straw I think this final rule is a rule that forward with regulations that will do that broke the camel’s back. jeopardizes close to 17,000 good-paying virtually nothing to protect our envi- I am trying to do everything I can to jobs in my State. It provides power for ronment and will tie one hand behind push back against EPA’s burdensome rural communities that otherwise our back economically. Even if the powerplant rules to find workable solu- would struggle for affordable, reliable President vetoes these resolutions— tions so North Dakotans can continue baseload power. We have some of the and we recognize the likelihood that he to have low-cost, reliable electricity. lowest power costs in the country be- will—passing them will send a clear This CRA is one of the many different cause we have some of the best utilities message to the world that the Amer- avenues I am taking to make sure that in the country, which are always look- ican people do not stand behind the North Dakota is treated fairly. ing out for the consumer at the end of President’s efforts to address climate I want to talk about what is unique the line. change with economically catastrophic about North Dakota. In fact, a lot of North Dakota has never stepped regulations. the generation that happens in North down from a tough challenge, espe- I am pleased to be joined by several Dakota is generation that is generated cially when the challenge is fair, the colleagues on the floor who understand by rural electric co-ops. These co-ops goal is attainable, and the timeline is the need for affordable and reliable en- own and operate about 90 percent of achievable, but that is not this rule. ergy. I would like to recognize Senator the State’s coal-based generation fa- The goal is not fair, the challenge is HEITKAMP. cilities, and they provide electricity to not fair, the goal is not attainable, and I ask unanimous consent to engage in rural areas that in the past other utili- the timeline is unachievable in my a colloquy with my colleagues for up to ties would not serve, not just rural State—unachievable. That is not any- 30 minutes. areas in North Dakota but rural areas thing the Clean Air Act ever antici- The PRESIDING OFFICER. Without all through the region. These are peo- pated—that we would set a goal with objection, it is so ordered. ple at the end of the line, as we call no feasible or possible way of meeting Ms. HEITKAMP. Thank you, Mr. them, the very people that this rule that goal, given current technology. President, and thank you to my great will most impact and that EPA and Yet that is the position we are in. colleague from the great State of West this administration failed to consider At the end of the day, what matters Virginia, a State that has been when they made this final rule. most is making sure that our utilities powering America for many years—in North Dakota’s utilities are heavily can do their jobs, making sure that fact, from the very beginning. My invested in coal-based generation for a when a North Dakotan or a South Da- thanks go to all of the great workers good and historic reason. I think this is kotan or someone from Wyoming or and coal miners in her State who have an important point to make because a Colorado, where we deliver power—and added to our economic opportunity, lot of people may say: Well, what is the certainly those in Minnesota—reaches not just for the people in West Virginia difference? You can fuel switch. But at over to turn on that light switch, re- but for the people of an entire region. the time our electric co-ops built these gardless of the time of the day, that That is one thing we forget—that in generation facilities, they used coal be- light comes on. That is called baseload America a great miracle happens every cause it was against Federal law to use power. People who think this is easy, day. We turn on a light switch and the natural gas. The fuel use act made it il- people who think this is just switch lights come on. If that doesn’t happen legal to use natural gas for power gen- fuels or switch technology, have never or if it is too expensive to turn on that eration, virtually forcing these power sat in a boardroom as I have and lis- light switch, we will not be the country companies to make the investment tened to the challenges of putting that that we are. With this regulation, I that they made in this fuel source of electron on that wire. think what we have done is cede the coal. Now, after making billions of dol- I stand with my colleague from West all-important role of electrical secu- lars of investments to meet the man- Virginia and my colleague JOE rity and energy security to an environ- dates under the fuel use act and to MANCHIN here on our side of the aisle mental agency that does not have the meet the numerous emissions stand- saying enough is enough. This is a experience or expertise to understand ards that have been put forth by EPA, problem we need to address. Maybe what it takes to get an electron in the the administration once again is that is the difference in how we look at wire. straining these assets, causing them in this. This is an issue that we can tack- I am proud to stand today with my many cases to be stranded. If the ad- le and achieve results over time, but colleague Senator CAPITO and intro- ministration were willing to pay fair this rule is wrong. It is wrongheaded. It duce a bill to roll back the EPA rule on market value to strand these assets, will, in fact, cause huge disruption to carbon emissions—that rule which then maybe we could have a discussion, the economy of my State and the econ- threatens the supply of abundant, af- but I don’t see that deal on the table. omy of the middle of this country. We fordable, and reliable electricity in These utilities built, modified, and ret- have to do everything we can to pre- North Dakota. I pledge to register my rofitted all at great cost and according vent this rule from becoming a reality. displeasure through multiple channels. to Federal law at the time, and now Thank you for letting me join you, This legislation today is the most pub- they are threatening the very existence the great Senator from West Virginia. lic way of expressing not just my frus- of this generation. We have two great Senators from West tration but the frustration and concern These assets are not just critical to Virginia here. of my State regulators and my State North Dakota. Our coal-based genera- I yield the floor. utilities. tion provides dependable, affordable, The PRESIDING OFFICER. The ma- Although this rule will have dra- reliable baseload electricity to millions jority leader. matic consequences across the country, of people in the Great Plains with Mr. MCCONNELL. Mr. President, it unfairly targets North Dakota utili- roughly 55 percent of electric power there is a war on coal in America—a ties. During the original draft rule, generated in North Dakota being war on coal in America. The leader is North Dakota’s allocation was 11 per- shipped outside our border. the President of the United States. A cent. This is not something we were When this final rule came out, I sim- number of us were in the Senate in 2009 happy with given the extent of the ju- ply said that it was a slap in the face and 2010, and the administration

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.035 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7514 CONGRESSIONAL RECORD — SENATE October 27, 2015 couldn’t pass their cap-and-trade pro- selves on the back for doing something Montana, we have this new energy— posal through the Senate. They had 60 even if they accomplish hardly any- and maybe it is commercial hydrogen, votes in the Senate. The President and thing at all, except hurt a whole lot of which will be water vapor—that is won- his party had 60 votes in the Senate, Americans. Higher energy bills and lost derful. We will figure a way. We will but they couldn’t pass the cap-and- jobs may be trivial to some folks out embrace that. We will figure a way to trade proposal through this body, so on the political left—not their jobs; make it. We will do something. We will they decided they were going to do it they don’t care—but it is a different diversify. That is not the case. The anyway. They decided they were going story for the middle-class Kentuckians case is simply this: This country has to do it anyway. whom I represent. depended and will depend—even by this As the two Senators from West Vir- So here we have on the floor Sen- administration’s admission, this coun- ginia can attest, we have a depression ators from both parties who are saying try will depend on fossil fuel for at in central Appalachia, created not be- it is time to take off the ideological least the next three decades. It is in cause of anything we did here in Con- blinders and instead think about those the EIA report. They are going to have gress but because of the President’s who have already suffered enough over to have it. Baseload, as the Senator zeal to have an impact worldwide on the past few years. We have worked to- from North Dakota said, is simply this: the issue of climate. I suspect that gether to file bipartisan measures that something that will give us power 24/7, even if we follow this path all the way would overturn the administration’s day and night, rain or shine. There are to the end, this effort by the United two-pronged regulations. I have joined only two things in the world that can States would have about as much im- with Senator HEITKAMP and Senator do it: coal and nuclear. Gas is coming pact as dropping a pebble in the ocean. CAPITO on a measure that would ad- on and gas will be a baseload when the Yet we are paying a real price for it dress one of those prongs, the one that distribution lines and the pipelines are here at home. Eastern Kentucky looks pertains to existing energy sources. there to provide it. Right now it is not, like the Dust Bowl during the thir- Senator MANCHIN is here on the floor but it is coming on strong. ties—no jobs, no opportunity, no fu- and joined me as I introduced a meas- Just look no further than Japan. ture, not as a result of anything we ure that would address the other prong, Japan was mostly moving toward nu- passed through the people’s elected the one that pertains to new sources. clear. Fukushima happens. When that representatives but by this sort of ar- These bipartisan measures together happened, Japan had to change. What rogant, singlehanded messianic goal to represent a comprehensive solution. As did they do? They changed to coal. But deal with worldwide climate. I said, I am pleased to be joined here on they decided the new plants they would Our options to stop it are quite lim- the floor by Senators from West Vir- build would be ultra super critical. ited. We do have the possibility of the ginia and North Dakota. Senator That means 40 percent efficiency, burn- Congressional Review Act, but the DAINES from Montana is here—another ing at the highest levels to reduce the weakness of that obviously is that even important coal State. The chairman of emissions. They are moving in tech- though we can pass it with a simple our Environment and Public Works nology ways. majority, he is likely to veto it. Committee, Senator INHOFE, is here, Now, what does the plan that we are We are here today to stand up for our and some have already spoken and talking about and we have our col- people, the ratepayers of America, and some will speak after me. I am proud leagues talking about—existing source, not only the ratepayers—90 percent of and pleased to be here on the floor with which means they can’t continue with the electricity in Kentucky comes all of my colleagues standing up for what we have today, and new source, from coal—but the communities that our aggrieved constituents who have which means any new plant has to be have been devastated by this. I have been mightily abused by this adminis- built to certain standards. Carbon cap- never seen anything like it. I heard my tration. ture sequestration has not been proven parents talk about what the Depression I yield the floor. commercially, not at one plant in was like. It sounds and looks a lot like The PRESIDING OFFICER (Mr. America. Yet these rules are based on the stories they told me about America PERDUE). The Senator from West Vir- using carbon capture sequestration. in the 1930s. ginia. All we have said—some of us have This is a venture that will have no Mr. MANCHIN. Mr. President, first of said this: Why don’t you at least dem- impact on the issue for which it is all, I want to thank my colleagues, onstrate that you can have that type of being pursued but is having a dev- Senator MCCONNELL, Senator CAPITO, commercial operation and that it can astating and current adverse impact on who is my colleague from the State of withstand 1 year under commercial the people we represent. West Virginia, Senator DAINES, Sen- load and show us those are the new We have representatives from both ator INHOFE, and my good friend Sen- limits you want us to meet? That, to parties here on the floor today working ator HEITKAMP. me, is reasonable. toward overturning the administra- This is a bipartisan approach. Not Let me tell my colleagues this: If you tion’s deeply regressive energy regula- often do we see a bipartisan effort, a bi- were in the business of producing tions. These regulations are going to partisan colloquy on the floor of the power and you desired not to do that ship more middle-class jobs overseas. I Senate anymore, and there should be even though we had technology, then told my constituents last year: Coal because we all have the same interests. you would have to close your plant. I has a future; the question is, Does coal Basically, how do we provide afford- understand that. That is not the case. have a future in this country? The In- able, dependable, and reliable energy? They can’t show us technology and dians and the Chinese are not going to That is what this country was built on. show us that it has a commercial fea- give up their future by not using this We have defended this country by hav- sible pathway to be able to perform and cheap and abundant source of power. ing resources that we could use to basi- provide the energy we need. There is no The Germans—one of the greenest cally defend ourselves, and that re- way they can do it. countries in Europe—are now import- source has come from what the Good So I have said this: If it is ing coal. So coal has a future. The Lord gave us. Coal has been in abun- unobtainable, it is unreasonable. That question is, Does it have a future here dance in the United States of America. is all. Don’t expect me to do something after this administration? We have fought every war, we have de- that has never been done. If the Fed- My folks can’t even put food on the fended, we have energized, and we have eral Government says: Fine, we have $8 table. The ones who can find a job built a middle class unlike at any time billion lying down at the Department somewhere are leaving. The population in the history of this world. of Energy—$8 billion that hasn’t been continues to decline. So now it comes to the point where tapped—does that not tell us some- As I said earlier, it is not going to there is a group—basically the ones on thing? have much of an impact on the envi- an ideological pathway—who says we The private sector has not stepped up ronment of our planet. This isn’t going can do it differently. If someone came to take those types of loans and to use to do anything meaningful to affect to me and said: We have this new great those types of loans to find the new global carbon levels. It just seems that energy, and I am sorry, West Virginia technology for the future because they someone wants to be able to pat them- and North Dakota and Oklahoma and don’t believe the administration wants

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.036 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7515 us to find any new technology that the United States of America, the peo- mittee called the Environment and might be able to adhere to the stand- ple in this great country, that we Public Works Committee. On this com- ards they have set. have—don’t worry, we are going to mittee, we deal with these regulations. So we sat back and we have done take care of you, it is not going to hap- We have jurisdiction over the EPA. It nothing. Then, on top of that, they ex- pen. We are not going to stand by and is interesting I would say that because pect these plants, 30 years from now— say we are not going to fight for that. we tried to get the EPA to come in and if they are expecting to get commercial We are not only fighting for a way of testify as witnesses as to how the power, electricity, fill the grid with life for West Virginia, we are fighting President plans to move to the percent- power coming from coal for the next 30 for a way of life for this country. age of power that is going to be gen- years—most of our plants average 50 This country depends on energy we erated by the year 2030 by renewables, years of age. They can’t produce the have been able to produce. We have al- and they won’t testify because they power they are going to produce—that ways depended on our little State. don’t have a plan. They don’t know we will need for this country to have North Dakota, now one of the best en- how they are going to do it. for 30 more years. An 80-year-old plant ergy-producing States we have in the The CRA is significant because there just won’t do it. So that means they country—Montana, Wyoming, Okla- are a lot of people in this case who come off the line, off the grid. When homa—we have been the heavy lifters. would be the liberals in this body who that comes off the grid, what we call We will continue to work for this great like the idea of being overregulated, dependable, reliable, and affordable en- country. We just need a little help. who like the idea of having the regu- ergy goes away. It goes away. That is all we are asking for. lators run our lives, and they are the I have said this: Someone needs to re- So I would say, ask the question: ones who would love to go home when spectfully ask our President, this ad- What would the country look like to- people are complaining about the cost ministration, the EPA, the DOE: If for morrow? The standards they are set- of all of these things and they can say: the next 90 days not another ton of coal ting are basically unreasonable, totally Well, wait a minute. Don’t blame us. was delivered to a coal plant in Amer- unreasonable, because they are That was a bureaucrat who did that; ica—not another ton of coal because— unobtainable. that wasn’t me. and I have said this to the administra- The impact is going to be dev- Well, this forces accountability, and tion. They have been very eloquent in astating, basically. The system is these guys don’t like it. I can assure basically telling the American people: going to be to the point to where we you right now that we are going to give We don’t like coal, we don’t want coal, can’t depend on it, it is not reliable, everyone an opportunity to weigh in on and we don’t need coal. If those were and we don’t have the power of the fu- what these issues are. They would the facts, then make sure you tell the ture yet. Maybe our children or grand- much prefer to go home and say: I American people, if they didn’t have children might see that. I hope so. But know we are overregulating and I know coal for 90 days, what the United until the time comes where we are it is destroying the States—whatever States of America would look like. going to transition from one to the the States happen to be—but it wasn’t Just tell me what it would look like. other, make sure it is a smooth transi- me, don’t look at me. Ask anybody what it would look like. tion. Make sure it is a dependable tran- Now we are going to see who is re- The lives of 130 million people would be sition. Make sure it is one that keeps sponsible because what is going to hap- in jeopardy tomorrow—130 million peo- this country the superpower of the pen is we are going to have a vote. The ple. This system could collapse. The world. If we don’t, I guarantee we will vote is going to take place, and I think east coast could be dark. Now, you tell be the last generation standing as a su- our leader is correct when he says the me how you are going to fill that in. perpower saying that we are energy President will probably veto this. If the And if you are not willing to be honest independent; we are not fighting wars President vetoes it, it comes back for a with the American people and tell around the world basically for the en- veto override, and then people will them that, don’t make them believe ergy this country needs. We have the know who is for it and who is against there is something that is not there, ability to basically take care of our- it. So I think a CRA has another great that you can run this off of wind and selves. We can be totally independent value. It forces accountability by peo- solar. with energy if we have an energy pol- ple who are answerable to the public. We have a lot of wind in West Vir- icy that works, but it has to be real- On the issue we are discussing today, ginia, and we are proud of that. I will istic. This is not. the interesting and the consistent pat- give an example. My colleagues will re- That is why I totally oppose this new tern we have is that what this Presi- member the hottest days this past power plan which is coming out. It is a dent does is he gets the things they summer, that very hot spell we had, 90 shame that we have to rely on the tried to do through over—through leg- to 100 degrees. We have 17 acres of a courts to protect something we should islation, and those things that fail wind farm on top of a beautiful moun- be doing in the Halls of this Senate. It through legislation he tries then to do tain in West Virginia, 560 megawatts. is a shame that the courts have to step by regulation. We have a coal-fired plant sitting in to protect us. Let me give you an example. Another there, the cleanest super-critical coal- With that being said, I yield the issue—not the issue we are talking fired plant on Mount Storm, 1,600 floor, and I thank my colleagues for about today—is the WOTUS issue, the megawatts. Guess how many being here on this important issue. waters of the United States. Histori- megawatts of power the wind produced The PRESIDING OFFICER. The Sen- cally, it has been the States that have during the hottest times of the summer ator from Oklahoma. regulations over the waters except for when we needed the power. Two Mr. INHOFE. Mr. President, first of navigable waters. Well, of course, lib- megawatts. Two. The wind didn’t blow. all, I appreciate the fact that my col- erals want everything in Washington. It was so hot and stagnant, it didn’t leagues from West Virginia, North Da- So 5 years ago a bill was introduced, blow. That poor little coal-fired plant kota, Kentucky, and Montana—all of and the bill would have essentially was giving it everything it had to try us are getting together on this in a bi- taken the word ‘‘navigable’’ out so that to produce the power the Nation need- partisan way. I think it is worth re- the Federal Government would have ed. peating, to make sure everyone under- control over all the waters in my State I am just saying the facts are the stands where we are on this, what a of Oklahoma and throughout America. facts whether we like them or not. So CRA is. The CRA is the Congressional Two of them introduced a bill, one was when this plan comes out and says that Review Act. It is an act that allows an Senator Feingold of Wisconsin and the any new coal-fired plant being built elected person who is answerable to the House Member was Congressman Ober- has to be—you can basically be assured public to weigh in on these decisions star from one of the Northern States. I they are not going to build any. When that are made by the President—who don’t know which one it was. They in- they are saying existing plants have to can’t run again for office—and by the troduced a bill to take the word ‘‘navi- meet certain standards, they won’t in- unelected bureaucrats who are destroy- gable’’ out. Not only did we over- vest and try to hit a moving target. ing this country. whelmingly defeat the legislation, but So now what happens? For the 35 to As was pointed out by the Senator the public defeated the two of them in 40 percent of the power you are telling from Kentucky, I do chair the com- the next election.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.038 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7516 CONGRESSIONAL RECORD — SENATE October 27, 2015 Now the President is trying to do in Mexico. The problem we would have This will leave President Obama di- what he was not able to do through leg- there is, yes, we might lower our CO2 rectly responsible for skyrocketing en- islation through regulation. The same emissions in the United States. How- ergy bills, a loss of tax revenue for our thing is true—the Senator from West ever, those other countries will not, schools, teachers and our roads and the Virginia is right when he talked about and it could have the effect of increas- unemployment of thousands of hard- what they are trying to do. It is very ing, not decreasing, CO2 emissions be- working Americans. The President ig- interesting when you look at this bill. cause as we chase our manufacturing nores the fact that more than half of We are talking about the emissions of base overseas to places they don’t have Montana’s electricity comes from coal, CO2. The first bill that was introduced any restrictions, we would have the ef- as do thousands of jobs and $120 million was in 2002. It was the McCain-Lieber- fect of increasing it. in tax revenue every year. man bill. We defeated that. The next So I am just saying I appreciate the In fact, 40 percent of our Nation’s en- one was the McCain-Lieberman bill in fact we are all together on this and ergy comes from coal. When a young 2005, and the third one was the Warren- making the necessary efforts to make person plugs their iPhone or their Lieberman bill in 2008. Then we had the people accountable. I think it might smartphone into the wall and charges Waxman-Markey bill that we never surprise a lot of people as to who it, most likely it is being charged by even got to vote on because nobody was changes their mind on this once they coal. going to vote for it. know they have to cast a vote and be In my hometown of Bozeman, we So what they fail to be able to do leg- accountable. have a Tesla charging station at one of islatively, they are now trying to do I applaud, certainly, my friends from our hotels. Elon Musk at Tesla did an through regulations, and that is why a West Virginia and the other States amazing, innovative job creating elec- CRA is significant because it does force that are involved in this. I think this is tric vehicles, but when they plug those accountability. the right thing to do. Let’s keep in Tesla vehicles into those chargers, Let me make one other statement. mind the Utility MACT—that is the those Tesla vehicles in Montana are This thing about Paris that is going to maximum achievable control tech- likely powered by coal. take place in December. This is the big nology—was the first shock to put coal The facts are that coal production in party that the United Nations puts on under. At that time we did a CRA, and the United States is much safer and every year. It is the 21st year they have we actually came within four votes of less carbon intensive than coal from done this. I can remember when they getting the bill passed, and that was other nations. As had been mentioned, did it in 2009. That was going to be Co- when Republicans were not a majority. this is a global challenge we must penhagen. Several people went over I look for some good things to happen, think about and address. The Powder there at that time. President Obama and I think we are doing what is right River Basin in Southeast Montana has was in the Senate, Hillary was in the and responsible. coal that is among the cleanest in the Senate, PELOSI was there, and John I yield the floor. world. It has lower sulfur content and Kerry went. They went over there to The PRESIDING OFFICER. The Sen- cleaner than Indonesian coal. Shutting tell the 192 countries that were meet- ator from West Virginia. down U.S. coal will have a negligible ing in Copenhagen—the same 192 coun- Mrs. CAPITO. Mr. President, I ask impact on global coal demand and tries that will be meeting in 2 unanimous consent for additional time global emissions. However, it will ulti- months—went over to tell them we so the Senator from Montana can join mately make it more likely that less were going to pass cap-and-trade legis- the colloquy. As he reminds me, the technologically advanced coal produc- lation that year. That was 2009. Senator has the largest recoverable tion techniques will be used around the I went over after they had given their tonnage of coal in the Nation. world. testimony there. I went all the way The PRESIDING OFFICER. Without This is the way to think about it. over to Copenhagen, spent 3 hours, and objection, it is so ordered. The United States consumes about 10 came all the way back on the next Mr. DAINES. Thank you, Mr. Presi- percent of the world’s coal. Said an- flight. I probably had the most enjoy- dent. other way, 90 percent of the coal con- able 3 hours I ever had because I was This administration is shutting down sumption in the world occurs outside able to talk to 192 countries and tell coal-fired powerplants in the United the United States, and the global de- them they had been lied to; that we are States. I thank the Senator from West mand for coal-fired energy will not dis- not going to be passing it. The same Virginia, Mrs. CAPITO, the other Sen- appear even if the United States were thing is going on in December of this ator from West Virginia, Mr. MANCHIN, to shut down every last coal mine and year. and we have Senator HEITKAMP here. every last coal-fired plant. By the way, let me just mention one We had Democrats and Republicans in Again, individuals are entitled to thing that hasn’t been said. There are colloquy talking about what is going their own opinions but not to their own people out there listening to this who on with coal-fired plants and the Clean facts. Here are the facts. Coal use actually believe this stuff, that the Power Plan of this administration. around the world has grown about four world is going to come to an end be- This is what is happening. It is kill- times faster than renewables. There cause of CO2 manmade gases. This is ing good-paying jobs for union workers, are 1,200 coal plants planned across 59 something we have been listening to for pipefitters, for boilermakers, and countries. About three-quarters of for a long period of time. I remember tribal members in my State with these them will be in China and India. China right before going to Copenhagen in so-called Clean Power Plan regula- consumes 4 billion tons of coal per year 2009—at that time the Administrator of tions. At the same time, it is stifling versus the United States at 1 billion the Environmental Protection Agency investment that could lead to innova- tons. China is building a new coal-fired was Lisa Jackson, an appointee by tion to make coal cleaner in the United plant every 10 days, and that is pro- President Obama, and I asked her this States. jected to last for the next 10 years. question on the record, live on TV. I As I travel across Montana, I have In Japan—I used to have an office in asked: If we had passed any of the leg- heard Montanans describe the EPA Tokyo. My degree was in chemical en- islation or the regulations that we are as—a rancher once told me it stands gineering, and I was part of a software talking about passing, would this have for ‘‘Eliminate Production Agri- company with offices around the world. an effect of lowering the CO2 world- culture.’’ A union member recently I remember the big earthquake that wide? She said—now keep in mind this told me it stands for the ‘‘Employment struck Japan—the 9.0 quake. The was an Obama appointee—by the way, Prevention Agency.’’ President Obama Fukushima nuclear reactors were dis- Obama was President at that time and his ‘‘Employment Prevention abled. How is Japan dealing with that? when he went to Copenhagen. She said: Agency’’ continues to wage war on They are building 43 coal-fired power- Well, no, it wouldn’t reduce emissions American energy, American families, plants. By 2020, India may outbuild 21⁄2 worldwide because it just pertains to and on American jobs. This so-called times more coal capacity as the United the United States. Clean Power Plan is an all-out frontal States is about to use. So it is short- This isn’t where the problem is. The assault on affordable energy and good- sighted and misguided to move forward problem is in India, it is in China, it is paying union jobs as well as tribal jobs. on an agenda that is going to devastate

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.049 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7517 significant parts of the economy. It is Mrs. CAPITO. Mr. President, I would municipalities and public corporations going to raise energy prices and de- like to thank my colleagues for joining from restructuring their debt through stroy union jobs and tribal jobs. me in a colloquy, particularly the Sen- the Federal bankruptcy court, some- We are seeing that already in Mon- ator from North Dakota, who is co- thing that is law in all of the States. tana. Earlier this month, in the month sponsoring the Congressional Review That is why we have a bankruptcy law, of October, a customer of the Crow Act legislation with me on existing but there is a glitch that you cannot do Tribe, the Sherco Coal plant in Min- coal-fired powerplants, and certainly that in Puerto Rico. That is simply un- nesota announced it needs to shut my colleague from West Virginia Sen- fair. The people of Puerto Rico should down two units. This cuts off a signifi- ator MANCHIN. We have worked very get equal protection under the law. cant portion of the customer base for well together in a bipartisan way on Both the Finance Committee and the Crow coal. Because the Crow Tribe re- these issues—Leader MCCONNELL, Energy and Natural Resources Com- lies on coal-fired Midwest utilities for Chairman INHOFE, and Senator DAINES mittee have held hearings in the past most of its non-Federal revenue and for from Montana. few weeks about the economic crisis in good-paying private jobs at the I think we have presented a clear pic- Puerto Rico. Two of Puerto Rico’s Absaloka Mine, the unemployment ture of the impact of these rules. So I elected officials, Governor Garcia rate on the Crow reservation today is ask unanimous consent that any time Padilla and Congressman PIERLUISI, in the high 40 percent. Without these spent in a quorum call before the 4 p.m. have testified at these hearings. Both coal mining jobs, that unemployment vote series be charged equally against said that Puerto Rican public corpora- rate will go to 80 to 85 percent. both sides. tions need access to Chapter 9 debt re- Ironically, some of the first impacted The PRESIDING OFFICER. Without structuring. by the Obama administration’s new objection, it is so ordered. It is this Senator’s strong desire that regulations are those who can least af- Mrs. CAPITO. I yield the floor. we see them treated equally under the ford it. You have heard it from Sen- The PRESIDING OFFICER. The Sen- law and that this legislation to fix this ators on both sides of the aisle today. ator from Florida. glitch comes to the floor soon. We also Under the final rule, the Colstrip pow- PUERTO RICO need to help Puerto Rico’s health care erplant in Montana will likely be shut- Mr. NELSON. Mr. President, I want system. The Medicaid Program in tered, putting thousands of jobs at to talk about the financial crisis that Puerto Rico serves nearly 1.7 million risk. We must take action. We need to is going on in Puerto Rico. We have all residents. It is in terrible shape. In stop these senseless rules. heard about the current situation that 2010, Congress passed the Affordable This past weekend I joined the Mon- Puerto Rico finds itself in. They are Care Act, which provided Puerto Rico tana attorney general, Tim Fox, in suffering. They are having trouble pay- with a $5.4 billion one-time payment to Helena to announce that Montana, ing their bills and their economy is in cover health care costs. That money is along with 23 other States, has filed a shambles. Some people have the atti- set to expire in 2019, but it could even lawsuit against the Federal Govern- tude ‘‘Well, that is not our problem,’’ run out sooner. ment because of Obama’s recent deci- but they are forgetting the fact that Under Medicare Part D, Puerto Rican sion. There are currently 26 States— Puerto Rico is part of the United residents are being treated like second- the majority of the States in this States. It is a territory. It is not a for- class citizens. They don’t get the same United States—through three different eign country. Puerto Ricans are Amer- financial support that State residents lawsuits that have requested an initial ican citizens. get for prescription drug coverage. This stay on the rule. If a problem exists in Puerto Rico, it has an effect on their economy, stifling As Leader MCCONNELL mentioned in exists in the United States. It is not their ability to emerge from the crisis, 2010, a Democratic-controlled Congress something we can just ignore. It im- not to speak of the fact that they are could not pass these regulations. The pacts the entire country. If the econ- not getting the health care other people’s House stopped it, but now omy continues to suffer in Puerto Rico, American citizens have. President Obama and the EPA are the people there will just move to an- I remind you, Puerto Ricans are moving forward without the people’s other part of the country. I want to re- American citizens. So this kind of consent. I am thankful to partner with a bi- peat that. If things are bad in Puerto treatment under Medicare flies in the partisan group of my colleagues, Lead- Rico economically, they—Puerto face of the most basic American Ricans—can move to another part of value—equality. That is why several of er MCCONNELL, Senator CAPITO, Sen- us have joined Senator SCHUMER on a ator INHOFE, Senator MANCHIN, and the country. This is not immigration; bill to improve the way Puerto Rico is Senator HEITKAMP, who are speaking this is a move to the mainland. Many out and working to stop this harmful Puerto Ricans are leaving Puerto Rico treated under Medicare and Medicaid. Last week, thankfully, the White rule. I am proud to stand and join them because of it is troubles. House released a set of legislative pro- as a cosponsor of two bipartisan resolu- Happily, many of the people who live tions of disapproval under the Congres- on the island are moving to Florida. posals to help Puerto Rico. Included in sional Review Act that would stop the They are adding to the diversity and that list were some of the bills I have EPA from imposing the anti-coal regu- immense fabric of Florida that reflects mentioned here that I support. I urge lation. the entire country, but our gain in our colleagues to give this problem the Coal keeps the lights on, it charges Florida is Puerto Rico’s loss. There are attention it demands. We should move our iPhones, and it will continue to more than 1 million people in Florida the proposals that we can move in this power the world for decades to come. alone who may have preferred to stay legislative body. We should do it with Rather than dismissing this reality, at home on the island with their haste. There are more than 31⁄2 million the United States should be on the cut- friends and their families. People who people in Puerto Rico. They are U.S. ting edge of technological advance- otherwise would be opening small busi- citizens who, unlike most U.S. citizens, ments in energy development. We nesses or new doctors’ offices in San have no one to represent them in this should be leading the way in using Juan are opening them in Orlando. Chamber and only have a nonvoting clean, affordable American energy. This only hurts Puerto Rico’s eco- delegate in the House of Representa- America can and should power the nomic future. tives. They have no voice here, but world. We can only do it if the Obama We need to give Puerto Rico the tools even with no voice, there are some of administration steps back from the it needs to get its economy back on us in this Chamber who will make sure out-of-touch regulations and allows track. Puerto Rico cannot do that that their voice is heard. We cannot American innovation to thrive once alone. Congress needs to pitch in. I turn our backs on fellow Americans. again. In summary, we need more inno- have joined a number of our col- By the way, when it comes time to de- vation, not more regulations. leagues—BLUMENTHAL, SCHUMER, and fend this country and our national se- Thank you, and I yield back my MENENDEZ—in being a sponsor of the curity, look at the percentage of Puer- time. Puerto Rico Chapter 9 Uniformity Act. to Ricans who sign up for the military. The PRESIDING OFFICER. The Sen- It fixes a glitch in the Federal bank- They are fellow Americans. I ask my ator from West Virginia. ruptcy law that stops Puerto Rico’s colleagues to look deep in their hearts

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.050 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7518 CONGRESSIONAL RECORD — SENATE October 27, 2015 and find a way to come together to posed earlier. Indeed, as you get into For years, Congress has seemed sin- help the island of Puerto Rico, a terri- fiscal year 2017, it raises the budgetary gularly focused on the private sector’s tory, our fellow American citizens, to caps on defense by $15 billion, also a $23 desire for voluntary information shar- get through this troubled time. billion OCO, or overseas contingency ing legislation. While improving the I yield the floor. fund, for the war effort over in Central flow of cyber threat information be- I suggest the absence of a quorum. Asia. tween the government and private sec- The PRESIDING OFFICER. The This is a good program, but the other tor is a laudable goal that I support, it clerk will call the roll. thing this agreement corrects—in the is not a panacea for our cyber security The legislative clerk proceeded to Republican budget, they had only problems. Information sharing alone call the roll. raised money for defense spending, and would not have prevented the major Mr. NELSON. Mr. President, I ask all the other needs of government that breaches of the past year, such as the unanimous consent that the order for need to be appropriated—nondefense breach at the Office of Personnel Man- the quorum call be rescinded. discretionary spending—were kept arti- agement, OPM, or the breaches at The PRESIDING OFFICER. Without ficially low. If you are talking about Sony, Home Depot, or Anthem. objection, it is so ordered. grants from NIH, that was all being Narrowly tailored legislation to fa- BUDGET AGREEMENT limited. If you are talking about cilitate the sharing of technical, cyber Mr. NELSON. Mr. President, since I money for NASA as we get into the threat data could be beneficial, but the see no one is waiting to speak, I might program of going to Mars, all of that Senate Intelligence Committee’s bill offer a couple of comments about the had been cut. If you are talking about lacks certain basic safeguards and proposed budget agreement. We are agricultural programs, all of that had threatens to significantly harm Ameri- still evaluating this, looking at the de- been cut. No matter what program— cans’ privacy. That is why I have heard tails, but first things first. This seems education, the environment, you go on from a number of Vermonters who op- to me to be something we should agree down the list—all of that had been cut. pose the bill and that is why consumer to. It certainly gets us past this artifi- This budget agreement that we will advocacy organizations, privacy and cial debt crisis that would cause the vote on hopefully in the next 2 or 3 civil liberties groups, and major tech- United States to go into economic cat- days does, in fact, raise those budg- nology companies like Apple, Dropbox, aclysmic fits. etary caps for nondefense spending as and Twitter all vocally oppose the bill. If we do not raise the debt ceiling, well as for defense spending. So where The technology companies know first- America cannot pay its obligations it the caps were raised in this first year hand the importance of ensuring our has already incurred. It would be the of fiscal year 2016 by $25 billion for de- cyber security, and they oppose this first time the U.S. Government went fense spending, so too $25 billion for bill because they believe it does little into default. That time has already run nondefense discretionary spending. to improve our cyber security and out, but through extraordinary meas- Likewise, in the next fiscal year, 2017, would ultimately undermine their ures the Secretary of the Treasury has where the caps had been raised $15 bil- users’ privacy. been able to keep the cashflow going, lion for defense spending, likewise, For months, I have worked with Sen- but he is running out of all of his nondefense discretionary and all those ator FEINSTEIN to improve this bill. tricks of the trade next week, Novem- other needs of government, the same She has been receptive to my concerns, ber 3. That is the first thing it would amount—$15 billion. and I appreciate that many of the revi- I will have more to say about this do most immediately. sions that I suggested are now incor- later, but while I have the opportunity, The second thing it would do is it porated into the managers’ amend- I wish to commend to the Senate that would get us over this budgetary im- ment. The managers’ amendment now I think it is certainly in the interests passe of a budget that lays out the makes clear that companies can only off of our country to move forward and blueprint—for the flushing out of that share information for cyber security approve this new budgetary agreement. blueprint, which are the appropriations By the way, I might add as I close purposes, which is an improvement bills. So in the case of the budget, what that an agreement has been hammered from the original legislation. It also had been brought forth was a budg- out between the Republican and the prohibits the government from using etary gimmick of saying we were going Democratic leadership in both Houses, information shared by private compa- to raise the amount of money we need- along with the White House. nies to investigate routine crimes that ed for defense, but it was not going to I yield the floor. have nothing to do with cyber security. meet this arbitrary budget cap that Mr. LEAHY. Mr. President, in to- And it removes a completely unneces- had been set 3 years ago by the cuts day’s digital age, many Americans live sary and destructive new exemption to across the board called the sequester. their lives online. We communicate via the Freedom of Information Act, FOIA, But oh, by the way, we were going to email, use photo sharing and social which had the potential to greatly re- increase that defense spending a little networking Web sites, store documents strict government transparency. These more by creating an additional account in the cloud, and access our private fi- are significant improvements, and I am over and above what we spend overseas nancial and medical information thankful to Senator FEINSTEIN for called the overseas contingency fund, through the Internet. The amount of working with me to incorporate them OCO, and therefore money was going to sensitive electronic data that we create into the bill. be supplied—the increases we need in and store on the Internet is staggering Unfortunately, the Senate Intel- defense—with in fact not increasing and will only continue to grow. We ligence Committee’s bill still has the budgetary caps on spending. know that cyber security is an impor- major flaws. This bill overrides all ex- Well, that was budgetary fakery. tant component of protecting our crit- isting legal restrictions to allow an un- That was budgetary sleight of hand. ical infrastructure. A cyber attack tar- precedented amount of data—including That was not budgetary truth. This geting the electric grid in the North- Americans’ personal information—to agreement stops that for the next 2 east, for example, could have dire ef- flow to the government without ade- years. Two years from now we will fects during a cold Vermont winter. I quate controls and restrictions. It have to face the same thing and get rid know that Vermonters care about needlessly requires all information of this artificial cut across the board. cyber security, and Congress must act shared with the government to be im- That is no way of dealing with trying responsibly to strengthen our ability mediately disseminated to a host of to cut the budget. You ought to be cut- to defend against cyber attacks and Federal agencies, including to the ting the budget with a scalpel, not with breaches. But I also know that NSA. It fails to adequately require a meat cleaver, where you come across Vermonters care deeply about their companies to remove irrelevant per- the board on every program. privacy and civil liberties, and I be- sonal information before sharing with Indeed, what this agreement does is lieve just as strongly that whatever the government. The bill contains it raises the caps on defense in this Congress does in the name of cyber se- broad authorizations that allow compa- first year $25 billion. It allows an OCO curity must not inadvertently under- nies to monitor traffic on their net- increase of $23 billion—and that is con- mine the privacy and security of works with liability protection and em- siderably less than what had been pro- Vermonters and all Americans. ploy ‘‘defensive measures’’ that may

VerDate Sep 11 2014 04:11 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.052 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7519 cause collateral harm to innocent has a Federal regulatory authority, White House for their support for the Internet users. The bill also continues thank goodness, so where a cable com- concept behind my amendment. to include another unnecessary FOIA pany can share with the FCC or an en- I would also like to take a few mo- exemption that will weaken the exist- ergy company can go to the Depart- ments to dispel a few myths about this ing FOIA framework. ment of Energy or FERC, other busi- amendment. The first myth is that the Proponents of the bill have at- nesses are forced to go to the DHS por- Cybersecurity Information Sharing Act tempted to assuage many of these con- tal. Good examples are retailers such creates a single portal at DHS for li- cerns by arguing that sharing under as JCPenney, Walmart, Target, and ability-protected information sharing this bill is voluntary, and if companies Home Depot. with the Federal Government and that do not want to share information with When the trade associations for two the Cotton amendment would create an the government or use the authorities victims of the biggest cyber attacks in unprecedented second channel. in the bill, they do not have to. This recent memory—Target and Home This is false. The bill authorizes mul- bill may be voluntary for companies, Depot—are pleading for this language, tiple liability-protected sharing chan- but it is not voluntary for consumers. we should take notice and incorporate nels with the Federal Government, not American consumers have no say on it. Anything else would be unfair, in- just one, through a broad exception to whether their information is shared equitable, and unwise. the DHS portal that permits certain with the government and ends up in an We ought to give these companies an regulated businesses to engage in li- NSA or IRS database. They may have alternative to the DHS portal. One ability-protected sharing of cyber no recourse if a company needlessly simple reason is that nobody knows threat information directly with any monitors their Internet activity or in- what the portal will look like, how it Federal regulators without requiring appropriately shares their personal in- will function, or how much it will cost that it first pass through DHS. The formation with the government. companies to interact with it. The Fed- Cotton amendment simply provides the Rather than limiting the dissemina- eral Government, after all, doesn’t same flexibility for businesses that al- tion of information in order to protect have the best track record for design- ready have established threat-sharing the private and proprietary informa- ing and deploying IT systems. relationships with the FBI or the Se- tion of Americans and American busi- Healthcare.gov was not exactly a re- cret Service to maintain their existing nesses, this bill goes in the wrong di- sounding success. One could easily channels for sharing and not incur sig- rection by giving companies more li- imagine a company trying to share a nificant costs and delays to establish ability protection and more leeway on cyber threat indicator and getting an new ones with DHS. My amendment is how to share our information. The error message from the portal, just as consistent with this multichannel most effective action Congress can millions of Americans received when sharing approach. take to improve our cyber security is they tried to sign up for ObamaCare. The second myth is that my amend- to pass legislation that requires com- In this case, regulated businesses can ment would harm privacy as it would panies to take greater care of how they just go to their regulator. Private and allow the sharing of cyber threat indi- use and protect our data, not less. And small businesses will be out of luck, cators with the FBI and the Secret we should pass my Consumer Privacy though. This is the primary reason my Service and that the sharing with these Protection Act to require companies to amendment has such strong private agencies wouldn’t happen under the protect our personal information and support. Organizations such as the Na- bill in its current form. help prevent breaches in the first place. tional Retail Federation, the chamber This is also false. Under the current The cyber security legislation before us of commerce, the National Cable & version of the bill, if an entity shares today does nothing to address this very Telecommunications Association, and information through the DHS portal, real concern, so I cannot support it. I many others support this commonsense the FBI and Secret Service will receive fear that this bill will significantly un- amendment. it. My amendment doesn’t change that dermine our privacy, and I urge Sen- The second main reason that entities or the privacy protections in the bill. ators to vote against passage. should be able to share directly with Both with and without my amendment, The PRESIDING OFFICER. The Sen- the FBI and the Secret Service is that the FBI and Secret Service will get ator from Arkansas. the bill is about promoting collabora- cyber threat indicators. Mr. COTTON. Mr. President, I ask tion between the government and the The third myth is that the scrub DHS unanimous consent to speak for up to private sector, as the National Secu- would have to conduct for personally 15 minutes. rity Council says that we should in this identifiable information is not as rig- The PRESIDING OFFICER. Is there tweet: ‘‘More than any other national orous under my amendment. objection? security topic, effective cybersecurity Again, this is not true. The Cyberse- Without objection, it is so ordered. requires the US gov’t & private sector curity Information Sharing Act re- AMENDMENT NO. 2581, AS MODIFIED to work together.’’ I agree. quires all Federal entities receiving Mr. COTTON. Mr. President, today I As Director Comey recently told the threat indicators to protect privacy by speak in support of the Cotton amend- Senate Intelligence Committee, the removing personal information that ment to the Cybersecurity Information FBI has redoubled its efforts to reach may still be contained in them before Sharing Act. My amendment is out to private businesses in this area. sharing with other entities. My amend- straightforward. It simply would pro- This has paid dividends. And there is ment does not eliminate or weaken any vide liability protection to any busi- no entity in the Federal Government of the bill’s privacy requirements, as ness or other private organization that that the private sector trusts more on the FBI and Secret Service are re- shares cyber threat indicators to the cyber security than the FBI. That is quired to protect privacy in the same FBI or the Secret Service. why Sony Pictures called the FBI when way all other Federal entities receiv- In its current form, the Cybersecu- it was hacked by North Koreans last ing threat indicators. rity Information Sharing Act would re- year. Finally, I simply want to note that quire entities to submit these cyber I also have to imagine that is the the House-passed version of the bill threat indicators through a portal cre- main reason the White House endorsed contains a nearly identical provision, ated and run by the Department of my amendment over the weekend when and that bill passed with overwhelming Homeland Security in order to receive they sent out this very helpful tweet: bipartisan support on a 307-to-116 vote. liability protection. But there are also ‘‘If you are a victim of a major cyber To sum up, the Cotton amendment two exceptions that would allow enti- incident, a call to @FBI, has overwhelming support in the pri- ties to receive liability protection out- @SecretService, or @DHSgov is a call vate sector, including companies that side the DHS portal: first, if a submis- to all.’’ My goodness, Susan Rice and I have been victims of cyber crimes. It sion was related to a previously shared stand together in agreement that if would lead to greater information shar- cyber threat indicator, and second, if you are a victim of a cyber incident, ing between the private sector and the the submitting entity is sharing infor- you should be able to call the FBI, the Federal Government. It preserves the mation with its Federal regulatory au- Secret Service, or the DHS. I thank the privacy protections in the bill. When it thority. But not every private entity National Security Advisor and the was included in the House bill, both

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.047 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7520 CONGRESSIONAL RECORD — SENATE October 27, 2015 Republicans and Democrats voted yes. scrubs—done at machine speed, done in vious order. I further ask that notwith- I therefore ask my colleagues on both a responsible way—protect citizen pri- standing adoption, the Flake amend- sides of the aisle to support this vacy and our security. I don’t think we ment No. 2582 be modified with the amendment. should be forced to choose between technical change at the desk. I yield the floor. those two. The PRESIDING OFFICER. Is there I suggest the absence of a quorum. I urge my colleagues to support my objection? The PRESIDING OFFICER. The amendment. Without objection, it is so ordered. clerk will call the roll. The PRESIDING OFFICER. The The amendment (No. 2582), as further The legislative clerk proceeded to question occurs on agreeing to amend- modified, is as follows: call the roll. ment No. 2552, as further modified. At the end, add the following: Mr. BURR. Mr. President, I ask unan- Mr. BURR. I ask for the yeas and SEC. 408. EFFECTIVE PERIOD. imous consent that the order for the nays. (a) IN GENERAL.—Except as provided in quorum call be rescinded. The PRESIDING OFFICER. Is there a subsection (b), this Act and the amendments The PRESIDING OFFICER (Mr. sufficient second? made by this Act shall be in effect during the LANKFORD). Without objection, it is so There appears to be a sufficient sec- 10-year period beginning on the date of the ordered. ond. enactment of this Act. (b) EXCEPTION.—With respect to any action Mr. BURR. Mr. President, what is the The clerk will call the roll. order of business? authorized by this Act or information ob- The legislative clerk called the roll. tained pursuant to an action authorized by AMENDMENT NO. 2552, AS FURTHER MODIFIED Mr. CORNYN. The following Senators this Act, which occurred before the date on The PRESIDING OFFICER. Under are necessarily absent: the Senator which the provisions referred to in sub- the previous order, the question occurs from Texas (Mr. CRUZ), the Senator section (a) cease to have effect, the provi- on amendment No. 2552, as further from South Carolina (Mr. GRAHAM), the sions of this Act shall continue in effect. modified, offered by the Senator from Senator from Kentucky (Mr. PAUL), the AMENDMENT NO. 2581, AS MODIFIED Delaware, Mr. COONS. Senator from Florida (Mr. RUBIO), and The PRESIDING OFFICER. Under The Senator from California. the Senator from Louisiana (Mr. VIT- the previous order, the question occurs Mrs. FEINSTEIN. Mr. President, I TER). on amendment No. 2581, as modified, wish to speak and urge a ‘‘no’’ vote on The PRESIDING OFFICER (Ms. offered by the Senator from Arkansas, amendment No. 2552, known as the AYOTTE). Are there any other Senators Mr. COTTON. Coons amendment. in the Chamber desiring to vote? The Senator from Arkansas. This amendment essentially adds an- The result was announced—yeas 41, Mr. COTTON. Madam President, I other layer of review to the bill’s cur- nays 54, as follows: support this important bill, but I want rent requirements. We worked this out [Rollcall Vote No. 289 Leg.] to strengthen it. in an earlier amendment with Senator YEAS—41 Under the bill, a business receives li- CARPER. This amendment goes further, ability protection by reporting threats Baldwin Gillibrand Peters and it could prevent parts of the gov- Bennet Heinrich Reed to DHS or its regulatory agency, but ernment from quickly learning about Blumenthal Heller Reid many businesses, especially retailers cyber threats at machine speed because Booker Hirono Sanders like Target or Home Depot, don’t have it would require an additional privacy Boxer Klobuchar Schatz a regulator; thus, they must report to Brown Leahy review for any information going Schumer DHS. They have no choice. They must Cantwell Lee Shaheen through the DHS portal. Cardin Markey Stabenow report to DHS even if they have long- Coons Menendez The Carper amendment that I spoke Sullivan standing ties to the FBI, as did Sony Daines Merkley Tester about was adopted as part of the man- Durbin Moran Pictures. Udall agers’ package, which made clear that Flake Murkowski I contend that we should allow these the government should take automated Franken Murphy Warren businesses to choose between the DHS, Wyden steps to ensure that the real-time in- Gardner Murray FBI, and Secret Service. Fortunately, formation sharing system can both NAYS—54 the White House appears to agree with protect privacy and allow for sharing Alexander Enzi McConnell my position. The National Security at the speed necessary to stop cyber Ayotte Ernst Mikulski Council tweeted over the weekend: ‘‘If threats. Because the Coons amendment Barrasso Feinstein Nelson you are a victim of a major cyber inci- Blunt Fischer Perdue will slow down sharing via the DHS Boozman Grassley Portman dent, a call to @FBI, @SecretService, portal, I ask my colleagues to join me Burr Hatch Risch or @DHSgov is a call to all.’’ in voting no. Capito Heitkamp Roberts This amendment wouldn’t undermine The PRESIDING OFFICER. The Sen- Carper Hoeven Rounds Casey Inhofe Sasse the single-point-of-reporting concept ator from Delaware. Cassidy Isakson Scott behind this bill because there is al- Mr. COONS. Mr. President, I rise Coats Johnson Sessions ready an exception for the regulators, today to urge my colleagues to support Cochran Kaine Shelby nor would it impair privacy rights be- Collins King Thune my amendment to make sure that this Corker Kirk Tillis cause those rules apply to the FBI. bill strikes the right balance between Cornyn Lankford Toomey Finally, I would note that the House- privacy and security. Cotton Manchin Warner passed version of this bill includes a I respect the very hard work of Sen- Crapo McCain Whitehouse Donnelly McCaskill Wicker nearly identical provision, and that got ators BURR and FEINSTEIN and the con- 307 votes. structive amendment that my senior NOT VOTING—5 Let’s join together in a bipartisan Senator TOM CARPER added to the man- Cruz Paul Vitter fashion, adopt this amendment, and agers’ amendment. I do believe this bill Graham Rubio strengthen the bill. has made significant movement in the The amendment (No. 2552), as further The PRESIDING OFFICER. The Sen- right direction. But I remain con- modified, was rejected. ator from North Carolina. cerned, and my amendment’s purpose The PRESIDING OFFICER. The Sen- Mr. BURR. Madam President, we are is to require that DHS review all cyber ator from North Carolina. almost at the end. This is the last threat indicators it receives and to re- Mr. BURR. Madam President, I ask amendment. move personally identifying informa- unanimous consent that the cloture Unfortunately, I rise to ask my col- tion by the most efficient means prac- motion on S. 754 be withdrawn; that leagues to vote against the amendment ticable. It would not necessarily—ac- prior to the vote on adoption of the of not only my colleague but a member cording to the amendment in the man- Burr-Feinstein substitute amendment, of the Intelligence Committee. This is agers’ package—be required that DHS the managers’ amendment at the desk a deal-killer. I will be very honest. This scrub, unless multiple agency heads be agreed to; and that following adop- kills the deal. One of the thresholds unanimously agree on the scrubbing tion of the substitute, the bill be read that we had to reach was the balance process. My amendment’s purpose is to a third time and the Senate vote on to have one portal that the informa- simply ensure that these privacy passage of the bill, as under the pre- tion goes through. This creates a new

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.054 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7521 portal. The White House is not in favor AMENDMENT NO. 2749 TO AMENDMENT NO. 2716 staff have been terrific. I would like to of it. Downtown is not in favor of it be- (Purpose: To improve the substitute single a couple of them out, if I might, cause they understand what it does. amendment) in particular, Chris Joyner, Michael We are this close right now to a vol- The PRESIDING OFFICER. Under Geffroy, Jack Livingston, Janet Fish- untary information sharing bill. I can the previous order, the managers’ er, John Matchison, and Walter Weiss. assure you that this is the first step. amendment, No. 2749, is agreed to. I also want to thank TOM CARPER, We have a ways to go. But if you want The amendment is printed in today’s who has been working to get this bill to stop it dead in its tracks, support RECORD under ‘‘Text of Amendments.’’ passed as much as anyone. He wrote this amendment. If, in fact, you want VOTE ON AMENDMENT NO. 2716, AS AMENDED one of the key changes in the man- to get this across the goal line, then I The PRESIDING OFFICER. The agers’ package to improve privacy as would ask you to defeat the Cotton question is on agreeing to the sub- information moves through the DHS amendment and let us move to passage stitute amendment No. 2716, as amend- portal. He was supported by his chair- of this bill. Let us go to conference ed. man, Senator JOHNSON. He has been a The amendment (No. 2716), as amend- with the House. close partner throughout the process, ed, was agreed to. and I thank him. I yield the floor. The bill was ordered to be engrossed The PRESIDING OFFICER. The I also thank Gabbie Batkin, Matt for a third reading and was read the Grote, and the other members of Sen- question is on agreeing to the amend- third time. ator CARPER’s staff. ment, as modified. The PRESIDING OFFICER. The Sen- Mr. BURR. I ask for the yeas and We had incredible support from our ator from North Carolina. committee. It is a committee of 15—8 nays. Mr. BURR. Madam President, I ask Republicans and 7 Democrats. I thank The PRESIDING OFFICER. Is there a my colleagues for just the next 2 min- Senator COLLINS, who was particularly sufficient second? utes to allow Senator FEINSTEIN and concerned about the critical infrastruc- There appears to be a sufficient sec- me to thank our colleagues for their ture of this country, as well as Sen- ond. help over the last several days as we ators MIKULSKI, WHITEHOUSE, KING, The clerk will call the roll. have worked through the cyber bill. WARNER, HEINRICH, BLUNT, NELSON, and The senior assistant legislative clerk I thank my vice chairman, who has been beside me all the way, and I thank COATS. I know they will help us push called the roll. this bill forward as we go to conference Chairman JOHNSON and Ranking Mem- Mr. CORNYN. The following Senators with the House. are necessarily absent: the Senator ber CARPER for the input they provided. I want to say to committee staff who I greatly appreciate the supporters of from Texas (Mr. CRUZ), the Senator has worked night and day to get us to this bill outside the Senate, to include from South Carolina (Mr. GRAHAM), the this point and to members of the com- the U.S. chamber of commerce and the Senator from Kentucky (Mr. PAUL), the mittee who worked diligently for associations that have endorsed this Senator from Florida (Mr. RUBIO), and months to get this legislation enacted bill, tech companies like IBM and Ora- the Senator from Louisiana (Mr. VIT- that I could not have done it without cle, Secretary Jeh Johnson at the De- TER). you. partment of Homeland Security, and The PRESIDING OFFICER. Are there Now the work begins as we go to con- NSA Directors Keith Alexander and any other Senators in the Chamber de- ference. MIKE ROGERS, and Lisa Monaco and Mi- siring to vote? I turn to the vice chairman. chael Daniel at the White House. The result was announced—yeas 22, Mrs. FEINSTEIN. I thank you very On my staff, I would like to thank nays 73, as follows: much. David Grannis, our staff director on [Rollcall Vote No. 290 Leg.] Madam President, I just want to say the minority side. David has been there YEAS—22 a personal word to Chairman BURR, and for these previous cyber bills, and it maybe it is to everyone in this body. has proven to be a very difficult issue. Boozman Kirk Scott Capito Lankford Sessions One of the things I have learned from David, you are a 10. Cornyn McCain Shelby two prior cyber bills is that if you real- I also thank Josh Alexander. Josh Cotton McConnell Thune ly want to get a bill done, it has to be has been our lead drafter and nego- Fischer Perdue Toomey bipartisan, particularly a bill that is tiator and knows these cyber issues Grassley Portman Whitehouse Inhofe Rounds technical, difficult, and hard to put to- better than anyone. He has been tire- Isakson Sasse gether, and a bill where often there are less on reaching agreement after agree- NAYS—73 two sides. I thank you for recognizing ment on this bill, and is, as much as anybody, responsible for today’s vote. Alexander Enzi Moran this. We stood shoulder to shoulder and Ayotte Ernst Murkowski the right things happened, and now we I would also like to thank my former Baldwin Feinstein Murphy can go to conference. cyber staffer Andy Grotto, as well as Barrasso Flake Murray I also want to say that we did every- Mike Buchwald, Brett Freedman, Nate Bennet Franken Nelson Blumenthal Gardner thing in this bill we possibly could to Adler, and Nick Basciano. Thank you Peters all so very much. Blunt Gillibrand Reed satisfy what were legitimate privacy Booker Hatch Reid concerns. The managers’ package had Finally, I very much appreciate the Boxer Heinrich Risch 14 such amendments, and before that work done by Ayesha Khanna in the Brown Heitkamp Roberts Burr Heller our staffs sat down with a number of Democratic leader’s office and Jeffrey Cantwell Hirono Sanders proposals from Senators and went over Ratner at the White House. Cardin Hoeven Schatz We have the administration behind Schumer literally dozens of additional amend- Carper Johnson the bill, we have the Department of Casey Kaine Shaheen ments. So we took what we could. Cassidy King Stabenow When the chairman talks about the Homeland Security behind the bill, and Coats Klobuchar Sullivan balance, what he means is that this is we have the editorial pages of the Cochran Leahy Tester the first time the chamber of com- Washington Post and the Wall Street Collins Lee Tillis Coons Manchin Udall merce has supported a bipartisan bill. Journal, as well as the chamber of Corker Markey Warner This is the first time we had virtually commerce, and most of the businesses Crapo McCaskill Warren all the big employers—banks and re- of America. Daines Menendez Wicker tailers and other companies—sup- So, Mr. Chairman, you did a great Donnelly Merkley Wyden Durbin Mikulski porting a bipartisan bill because today job, and thank you from the bottom of everybody understands what the prob- my heart. NOT VOTING—5 lem of cybersecurity is much greater. The PRESIDING OFFICER. The ma- Cruz Paul Vitter So we stood shoulder to shoulder, and jority leader. Graham Rubio you all responded, and I am very grate- Mr. MCCONNELL. Madam President, The amendment (No. 2581), as modi- ful. I just want to add my words of con- fied, was rejected. There is still a lot of work to be gratulation to Chairman BURR and Mr. COTTON. I yield back all time. done, but, Mr. Chairman, you and your Ranking Member FEINSTEIN. This is a

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.057 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7522 CONGRESSIONAL RECORD — SENATE October 27, 2015 very complicated issue, as we all know. TITLE I—CYBERSECURITY INFORMATION (B) The Department of Defense. It has been around multiple Con- SHARING (C) The Department of Energy. gresses, and it took their leadership Sec. 101. Short title. (D) The Department of Homeland Security. and coordination and cooperation first Sec. 102. Definitions. (E) The Department of Justice. (F) The Department of the Treasury. to produce a 14-to-1 vote in the com- Sec. 103. Sharing of information by the Fed- eral Government. (G) The Office of the Director of National mittee and then this extraordinary Sec. 104. Authorizations for preventing, de- Intelligence. success we have had out here on the tecting, analyzing, and miti- (4) CYBERSECURITY PURPOSE.—The term floor. I know all of us are extremely gating cybersecurity threats. ‘‘cybersecurity purpose’’ means the purpose proud of the great work you have done. Sec. 105. Sharing of cyber threat indicators of protecting an information system or infor- Congratulations. We deeply appre- and defensive measures with mation that is stored on, processed by, or ciate the contribution you have made the Federal Government. transiting an information system from a cy- to our country. Sec. 106. Protection from liability. bersecurity threat or security vulnerability. The PRESIDING OFFICER. The bill Sec. 107. Oversight of Government activi- (5) CYBERSECURITY THREAT.— ties. (A) IN GENERAL.—Except as provided in having been read the third time, the Sec. 108. Construction and preemption. subparagraph (B), the term ‘‘cybersecurity question is, Shall it pass? Sec. 109. Report on cybersecurity threats. threat’’ means an action, not protected by Mr. TILLIS. I ask for the yeas and Sec. 110. Conforming amendment. the First Amendment to the Constitution of nays. TITLE II—FEDERAL CYBERSECURITY the United States, on or through an informa- The PRESIDING OFFICER. Is there a ENHANCEMENT tion system that may result in an unauthor- sufficient second? Sec. 201. Short title. ized effort to adversely impact the security, There is a sufficient second. Sec. 202. Definitions. availability, confidentiality, or integrity of The clerk will call the roll. Sec. 203. Improved Federal network secu- an information system or information that The bill clerk called the roll. rity. is stored on, processed by, or transiting an Mr. CORNYN. The following Senators Sec. 204. Advanced internal defenses. information system. (B) EXCLUSION.—The term ‘‘cybersecurity are necessarily absent: the Senator Sec. 205. Federal cybersecurity require- ments. threat’’ does not include any action that from Texas (Mr. CRUZ), the Senator Sec. 206. Assessment; reports. solely involves a violation of a consumer from South Carolina (Mr. GRAHAM), the Sec. 207. Termination. term of service or a consumer licensing Senator from Kentucky (Mr. PAUL), the Sec. 208. Identification of information sys- agreement. Senator from Florida (Mr. RUBIO), and tems relating to national secu- (6) CYBER THREAT INDICATOR.—The term the Senator from Louisiana (Mr. VIT- rity. ‘‘cyber threat indicator’’ means information TER). Sec. 209. Direction to agencies. that is necessary to describe or identify— (A) malicious reconnaissance, including The PRESIDING OFFICER. Are there TITLE III—FEDERAL CYBERSECURITY anomalous patterns of communications that WORKFORCE ASSESSMENT any other Senators in the Chamber de- appear to be transmitted for the purpose of siring to vote? Sec. 301. Short title. gathering technical information related to a The result was announced—yeas 74, Sec. 302. Definitions. cybersecurity threat or security vulner- nays 21, as follows: Sec. 303. National cybersecurity workforce ability; measurement initiative. [Rollcall Vote No. 291 Leg.] (B) a method of defeating a security con- Sec. 304. Identification of cyber-related roles trol or exploitation of a security vulner- YEAS—74 of critical need. ability; Alexander Fischer Murphy Sec. 305. Government Accountability Office (C) a security vulnerability, including Ayotte Flake Murray status reports. anomalous activity that appears to indicate Barrasso Gardner Nelson TITLE IV—OTHER CYBER MATTERS the existence of a security vulnerability; Bennet Gillibrand Perdue (D) a method of causing a user with legiti- Blumenthal Grassley Peters Sec. 401. Study on mobile device security. Blunt Hatch Portman Sec. 402. Department of State international mate access to an information system or in- Boozman Heinrich Reed cyberspace policy strategy. formation that is stored on, processed by, or Boxer Heitkamp Reid Sec. 403. Apprehension and prosecution of transiting an information system to unwit- Burr Hirono Roberts international cyber criminals. tingly enable the defeat of a security control Cantwell Hoeven Rounds or exploitation of a security vulnerability; Capito Inhofe Sec. 404. Enhancement of emergency serv- Sasse Carper Isakson ices. (E) malicious cyber command and control; Schatz Casey Johnson Sec. 405. Improving cybersecurity in the (F) the actual or potential harm caused by Schumer Cassidy Kaine health care industry. an incident, including a description of the in- Scott Coats King Sec. 406. Federal computer security. formation exfiltrated as a result of a par- Sessions Cochran Kirk Sec. 407. Strategy to protect critical infra- ticular cybersecurity threat; Collins Klobuchar Shaheen Shelby structure at greatest risk. (G) any other attribute of a cybersecurity Corker Lankford threat, if disclosure of such attribute is not Cornyn Manchin Stabenow Sec. 408. Stopping the fraudulent sale of fi- Cotton McCain Thune nancial information of people of otherwise prohibited by law; or Donnelly McCaskill Tillis the United States. (H) any combination thereof. Durbin McConnell Toomey Sec. 409. Effective period. (7) DEFENSIVE MEASURE.— Warner Enzi Mikulski TITLE I—CYBERSECURITY INFORMATION (A) IN GENERAL.—Except as provided in Ernst Moran Whitehouse SHARING subparagraph (B), the term ‘‘defensive meas- Feinstein Murkowski Wicker ure’’ means an action, device, procedure, sig- SEC. 101. SHORT TITLE. NAYS—21 nature, technique, or other measure applied This title may be cited as the ‘‘Cybersecu- to an information system or information Baldwin Franken Risch rity Information Sharing Act of 2015’’. Booker Heller Sanders that is stored on, processed by, or transiting Brown Leahy Sullivan SEC. 102. DEFINITIONS. an information system that detects, pre- Cardin Lee Tester In this title: vents, or mitigates a known or suspected cy- Coons Markey Udall (1) AGENCY.—The term ‘‘agency’’ has the bersecurity threat or security vulnerability. Crapo Menendez Warren meaning given the term in section 3502 of (B) EXCLUSION.—The term ‘‘defensive meas- Daines Merkley Wyden title 44, United States Code. ure’’ does not include a measure that de- NOT VOTING—5 (2) ANTITRUST LAWS.—The term ‘‘antitrust stroys, renders unusable, provides unauthor- laws’’— ized access to, or substantially harms an in- Cruz Paul Vitter Graham Rubio (A) has the meaning given the term in sec- formation system or data on an information tion 1 of the Clayton Act (15 U.S.C. 12); system not belonging to— The bill (S. 754), as amended, was (B) includes section 5 of the Federal Trade (i) the private entity operating the meas- passed, as follows: Commission Act (15 U.S.C. 45) to the extent ure; or S. 754 that section 5 of that Act applies to unfair (ii) another entity or Federal entity that is methods of competition; and authorized to provide consent and has pro- Be it enacted by the Senate and House of Rep- (C) includes any State law that has the vided consent to that private entity for oper- resentatives of the United States of America in same intent and effect as the laws under sub- ation of such measure. Congress assembled, paragraphs (A) and (B). (8) ENTITY.— SECTION 1. TABLE OF CONTENTS. (3) APPROPRIATE FEDERAL ENTITIES.—The (A) IN GENERAL.—Except as otherwise pro- The table of contents of this Act is as fol- term ‘‘appropriate Federal entities’’ means vided in this paragraph, the term ‘‘entity’’ lows: the following: means any private entity, non-Federal gov- Sec. 1. Table of contents. (A) The Department of Commerce. ernment agency or department, or State,

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.065 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7523 tribal, or local government (including a po- curity, the Secretary of Defense, and the At- fense, and the Attorney General shall coordi- litical subdivision, department, or compo- torney General, in consultation with the nate with appropriate Federal entities, in- nent thereof). heads of the appropriate Federal entities, cluding the Small Business Administration (B) INCLUSIONS.—The term ‘‘entity’’ in- shall develop and promulgate procedures to and the National Laboratories (as defined in cludes a government agency or department facilitate and promote— section 2 of the Energy Policy Act of 2005 (42 of the District of Columbia, the Common- (1) the timely sharing of classified cyber U.S.C. 15801)), to ensure that effective proto- wealth of Puerto Rico, the Virgin Islands, threat indicators in the possession of the cols are implemented that will facilitate and Guam, American Samoa, the Northern Mar- Federal Government with cleared represent- promote the sharing of cyber threat indica- iana Islands, and any other territory or pos- atives of relevant entities; tors by the Federal Government in a timely session of the United States. (2) the timely sharing with relevant enti- manner. (C) EXCLUSION.—The term ‘‘entity’’ does ties of cyber threat indicators or informa- (c) SUBMITTAL TO CONGRESS.—Not later not include a foreign power as defined in sec- tion in the possession of the Federal Govern- than 60 days after the date of the enactment tion 101 of the Foreign Intelligence Surveil- ment that may be declassified and shared at of this Act, the Director of National Intel- lance Act of 1978 (50 U.S.C. 1801). an unclassified level; ligence, in consultation with the heads of the (9) FEDERAL ENTITY.—The term ‘‘Federal (3) the sharing with relevant entities, or appropriate Federal entities, shall submit to entity’’ means a department or agency of the the public if appropriate, of unclassified, in- Congress the procedures required by sub- United States or any component of such de- cluding controlled unclassified, cyber threat section (a). partment or agency. indicators in the possession of the Federal Government; SEC. 104. AUTHORIZATIONS FOR PREVENTING, (10) INFORMATION SYSTEM.—The term ‘‘in- DETECTING, ANALYZING, AND MITI- formation system’’— (4) the sharing with entities, if appro- GATING CYBERSECURITY THREATS. (A) has the meaning given the term in sec- priate, of information in the possession of (a) AUTHORIZATION FOR MONITORING.— tion 3502 of title 44, United States Code; and the Federal Government about cybersecurity (1) IN GENERAL.—Notwithstanding any threats to such entities to prevent or miti- (B) includes industrial control systems, other provision of law, a private entity may, gate adverse effects from such cybersecurity such as supervisory control and data acquisi- for cybersecurity purposes, monitor— tion systems, distributed control systems, threats; and (A) an information system of such private and programmable logic controllers. (5) the periodic sharing, through publica- entity; (11) LOCAL GOVERNMENT.—The term ‘‘local tion and targeted outreach, of cybersecurity (B) an information system of another enti- government’’ means any borough, city, coun- best practices that are developed based on ty, upon the authorization and written con- ty, parish, town, township, village, or other ongoing analysis of cyber threat indicators sent of such other entity; political subdivision of a State. and information in possession of the Federal (C) an information system of a Federal en- (12) MALICIOUS CYBER COMMAND AND CON- Government, with attention to accessibility tity, upon the authorization and written con- TROL.—The term ‘‘malicious cyber command and implementation challenges faced by sent of an authorized representative of the and control’’ means a method for unauthor- small business concerns (as defined in sec- ized remote identification of, access to, or tion 3 of the Small Business Act (15 U.S.C. Federal entity; and use of, an information system or information 632)). (D) information that is stored on, proc- that is stored on, processed by, or transiting (b) DEVELOPMENT OF PROCEDURES.— essed by, or transiting an information sys- an information system. (1) IN GENERAL.—The procedures developed tem monitored by the private entity under this paragraph. (13) MALICIOUS RECONNAISSANCE.—The term and promulgated under subsection (a) shall— ‘‘malicious reconnaissance’’ means a method (A) ensure the Federal Government has (2) CONSTRUCTION.—Nothing in this sub- for actively probing or passively monitoring and maintains the capability to share cyber section shall be construed— an information system for the purpose of dis- threat indicators in real time consistent (A) to authorize the monitoring of an in- cerning security vulnerabilities of the infor- with the protection of classified information; formation system, or the use of any informa- mation system, if such method is associated (B) incorporate, to the greatest extent tion obtained through such monitoring, with a known or suspected cybersecurity practicable, existing processes and existing other than as provided in this title; or threat. roles and responsibilities of Federal and non- (B) to limit otherwise lawful activity. (14) MONITOR.—The term ‘‘monitor’’ means Federal entities for information sharing by (b) AUTHORIZATION FOR OPERATION OF DE- to acquire, identify, or scan, or to possess, the Federal Government, including sector FENSIVE MEASURES.— information that is stored on, processed by, specific information sharing and analysis (1) IN GENERAL.—Notwithstanding any or transiting an information system. centers; other provision of law, a private entity may, (15) PRIVATE ENTITY.— (C) include procedures for notifying, in a for cybersecurity purposes, operate a defen- (A) IN GENERAL.—Except as otherwise pro- timely manner, entities that have received a sive measure that is applied to— vided in this paragraph, the term ‘‘private cyber threat indicator from a Federal entity (A) an information system of such private entity’’ means any person or private group, under this title that is known or determined entity in order to protect the rights or prop- organization, proprietorship, partnership, to be in error or in contravention of the re- erty of the private entity; trust, cooperative, corporation, or other quirements of this title or another provision (B) an information system of another enti- commercial or nonprofit entity, including an of Federal law or policy of such error or con- ty upon written consent of such entity for officer, employee, or agent thereof. travention; operation of such defensive measure to pro- (B) INCLUSION.—The term ‘‘private entity’’ (D) include requirements for Federal enti- tect the rights or property of such entity; includes a State, tribal, or local government ties sharing cyber threat indicators or defen- and performing electric or other utility services. sive measures to implement and utilize secu- (C) an information system of a Federal en- (C) EXCLUSION.—The term ‘‘private entity’’ rity controls to protect against unauthorized tity upon written consent of an authorized does not include a foreign power as defined access to or acquisition of such cyber threat representative of such Federal entity for op- in section 101 of the Foreign Intelligence indicators or defensive measures; eration of such defensive measure to protect Surveillance Act of 1978 (50 U.S.C. 1801). (E) include procedures that require a Fed- the rights or property of the Federal Govern- (16) SECURITY CONTROL.—The term ‘‘secu- eral entity, prior to the sharing of a cyber ment. rity control’’ means the management, oper- threat indicator— (2) CONSTRUCTION.—Nothing in this sub- ational, and technical controls used to pro- (i) to review such cyber threat indicator to section shall be construed— tect against an unauthorized effort to ad- assess whether such cyber threat indicator (A) to authorize the use of a defensive versely affect the confidentiality, integrity, contains any information that such Federal measure other than as provided in this sub- and availability of an information system or entity knows at the time of sharing to be section; or its information. personal information or information that (B) to limit otherwise lawful activity. (17) SECURITY VULNERABILITY.—The term identifies a specific person not directly re- (c) AUTHORIZATION FOR SHARING OR RECEIV- ‘‘security vulnerability’’ means any at- lated to a cybersecurity threat and remove ING CYBER THREAT INDICATORS OR DEFENSIVE tribute of hardware, software, process, or such information; or MEASURES.— procedure that could enable or facilitate the (ii) to implement and utilize a technical (1) IN GENERAL.—Except as provided in defeat of a security control. capability configured to remove any per- paragraph (2) and notwithstanding any other (18) TRIBAL.—The term ‘‘tribal’’ has the sonal information or information that iden- provision of law, an entity may, for a cyber- meaning given the term ‘‘Indian tribe’’ in tifies a specific person not directly related to security purpose and consistent with the section 4 of the Indian Self-Determination a cybersecurity threat; and protection of classified information, share and Education Assistance Act (25 U.S.C. (F) include procedures for notifying, in a with, or receive from, any other entity or 450b). timely manner, any United States person the Federal Government a cyber threat indi- SEC. 103. SHARING OF INFORMATION BY THE whose personal information is known or de- cator or defensive measure. FEDERAL GOVERNMENT. termined to have been shared by a Federal (2) LAWFUL RESTRICTION.—An entity receiv- (a) IN GENERAL.—Consistent with the pro- entity in violation of this Act. ing a cyber threat indicator or defensive tection of classified information, intel- (2) COORDINATION.—In developing the proce- measure from another entity or Federal enti- ligence sources and methods, and privacy dures required under this section, the Direc- ty shall comply with otherwise lawful re- and civil liberties, the Director of National tor of National Intelligence, the Secretary of strictions placed on the sharing or use of Intelligence, the Secretary of Homeland Se- Homeland Security, the Secretary of De- such cyber threat indicator or defensive

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7524 CONGRESSIONAL RECORD — SENATE October 27, 2015 measure by the sharing entity or Federal en- (ii) exempt from disclosure under any real-time process described in subsection (c) tity. State, tribal, or local law requiring disclo- of this section— (3) CONSTRUCTION.—Nothing in this sub- sure of information or records. (i) are shared in an automated manner section shall be construed— (C) STATE, TRIBAL, AND LOCAL REGULATORY with all of the appropriate Federal entities; (A) to authorize the sharing or receiving of AUTHORITY.— (ii) are only subject to a delay, modifica- a cyber threat indicator or defensive meas- (i) IN GENERAL.—Except as provided in tion, or other action due to controls estab- ure other than as provided in this sub- clause (ii), a cyber threat indicator or defen- lished for such real-time process that could section; or sive measure shared with a State, tribal, or impede real-time receipt by all of the appro- (B) to limit otherwise lawful activity. local government under this title shall not priate Federal entities when the delay, modi- (d) PROTECTION AND USE OF INFORMATION.— be directly used by any State, tribal, or local fication, or other action is due to controls— (1) SECURITY OF INFORMATION.—An entity government to regulate, including an en- (I) agreed upon unanimously by all of the monitoring an information system, oper- forcement action, the lawful activity of any heads of the appropriate Federal entities; ating a defensive measure, or providing or entity, including an activity relating to (II) carried out before any of the appro- receiving a cyber threat indicator or defen- monitoring, operating a defensive measure, priate Federal entities retains or uses the sive measure under this section shall imple- or sharing of a cyber threat indicator. cyber threat indicators or defensive meas- ment and utilize a security control to pro- (ii) REGULATORY AUTHORITY SPECIFICALLY ures; and tect against unauthorized access to or acqui- RELATING TO PREVENTION OR MITIGATION OF (III) uniformly applied such that each of sition of such cyber threat indicator or de- CYBERSECURITY THREATS.—A cyber threat in- the appropriate Federal entities is subject to fensive measure. dicator or defensive measure shared as de- the same delay, modification, or other ac- (2) REMOVAL OF CERTAIN PERSONAL INFOR- scribed in clause (i) may, consistent with a tion; and MATION.—An entity sharing a cyber threat State, tribal, or local government regulatory (iii) may be provided to other Federal enti- indicator pursuant to this title shall, prior authority specifically relating to the preven- ties; to such sharing— tion or mitigation of cybersecurity threats (B) ensure that cyber threat indicators (A) review such cyber threat indicator to to information systems, inform the develop- shared with the Federal Government by any assess whether such cyber threat indicator ment or implementation of a regulation re- entity pursuant to section 104 in a manner contains any information that the entity lating to such information systems. other than the real time process described in knows at the time of sharing to be personal (e) ANTITRUST EXEMPTION.— subsection (c) of this section— information or information that identifies a (1) IN GENERAL.—Except as provided in sec- (i) are shared as quickly as operationally specific person not directly related to a cy- tion 108(e), it shall not be considered a viola- practicable with all of the appropriate Fed- bersecurity threat and remove such informa- tion of any provision of antitrust laws for 2 eral entities; tion; or or more private entities to exchange or pro- (ii) are not subject to any unnecessary (B) implement and utilize a technical capa- vide a cyber threat indicator, or assistance delay, interference, or any other action that bility configured to remove any information relating to the prevention, investigation, or could impede receipt by all of the appro- contained within such indicator that the en- mitigation of a cybersecurity threat, for cy- priate Federal entities; and tity knows at the time of sharing to be per- bersecurity purposes under this title. (iii) may be provided to other Federal enti- sonal information or information that iden- (2) APPLICABILITY.—Paragraph (1) shall ties; tifies a specific person not directly related to apply only to information that is exchanged (C) consistent with this title, any other ap- a cybersecurity threat. or assistance provided in order to assist plicable provisions of law, and the fair infor- (3) USE OF CYBER THREAT INDICATORS AND with— mation practice principles set forth in ap- DEFENSIVE MEASURES BY ENTITIES.— (A) facilitating the prevention, investiga- pendix A of the document entitled ‘‘National (A) IN GENERAL.—Consistent with this tion, or mitigation of a cybersecurity threat Strategy for Trusted Identities in Cyber- to an information system or information title, a cyber threat indicator or defensive space’’ and published by the President in that is stored on, processed by, or transiting measure shared or received under this sec- April, 2011, govern the retention, use, and an information system; or tion may, for cybersecurity purposes— dissemination by the Federal Government of (B) communicating or disclosing a cyber (i) be used by an entity to monitor or oper- cyber threat indicators shared with the Fed- threat indicator to help prevent, investigate, ate a defensive measure that is applied to— eral Government under this title, including or mitigate the effect of a cybersecurity (I) an information system of the entity; or the extent, if any, to which such cyber threat to an information system or informa- (II) an information system of another enti- threat indicators may be used by the Federal tion that is stored on, processed by, or ty or a Federal entity upon the written con- Government; and transiting an information system. sent of that other entity or that Federal en- (D) ensure there are— (f) NO RIGHT OR BENEFIT.—The sharing of a tity; and (i) audit capabilities; and cyber threat indicator with an entity under (ii) be otherwise used, retained, and further (ii) appropriate sanctions in place for offi- this title shall not create a right or benefit shared by an entity subject to— cers, employees, or agents of a Federal enti- to similar information by such entity or any (I) an otherwise lawful restriction placed ty who knowingly and willfully conduct ac- other entity. by the sharing entity or Federal entity on tivities under this title in an unauthorized such cyber threat indicator or defensive SEC. 105. SHARING OF CYBER THREAT INDICA- manner. measure; or TORS AND DEFENSIVE MEASURES (4) GUIDELINES FOR ENTITIES SHARING CYBER (II) an otherwise applicable provision of WITH THE FEDERAL GOVERNMENT. THREAT INDICATORS WITH FEDERAL GOVERN- law. (a) REQUIREMENT FOR POLICIES AND PROCE- MENT.— (B) CONSTRUCTION.—Nothing in this para- DURES.— (A) IN GENERAL.—Not later than 60 days graph shall be construed to authorize the use (1) INTERIM POLICIES AND PROCEDURES.—Not after the date of the enactment of this Act, of a cyber threat indicator or defensive later than 60 days after the date of the enact- the Attorney General and the Secretary of measure other than as provided in this sec- ment of this Act, the Attorney General and Homeland Security shall develop and make tion. the Secretary of Homeland Security shall, in publicly available guidance to assist entities (4) USE OF CYBER THREAT INDICATORS BY coordination with the heads of the appro- and promote sharing of cyber threat indica- STATE, TRIBAL, OR LOCAL GOVERNMENT.— priate Federal entities, develop and submit tors with Federal entities under this title. (A) LAW ENFORCEMENT USE.— to Congress interim policies and procedures (B) CONTENTS.—The guidelines developed (i) PRIOR WRITTEN CONSENT.—Except as pro- relating to the receipt of cyber threat indica- vided in clause (ii), a cyber threat indicator tors and defensive measures by the Federal and made publicly available under subpara- shared with a State, tribal, or local govern- Government. graph (A) shall include guidance on the fol- lowing: ment under this section may, with the prior (2) FINAL POLICIES AND PROCEDURES.—Not written consent of the entity sharing such later than 180 days after the date of the en- (i) Identification of types of information indicator, be used by a State, tribal, or local actment of this Act, the Attorney General that would qualify as a cyber threat indi- government for the purpose of preventing, and the Secretary of Homeland Security cator under this title that would be unlikely investigating, or prosecuting any of the of- shall, in coordination with the heads of the to include personal information or informa- fenses described in section 105(d)(5)(A)(vi). appropriate Federal entities, promulgate tion that identifies a specific person not di- rectly related to a cyber security threat. (ii) ORAL CONSENT.—If exigent cir- final policies and procedures relating to the cumstances prevent obtaining written con- receipt of cyber threat indicators and defen- (ii) Identification of types of information sent under clause (i), such consent may be sive measures by the Federal Government. protected under otherwise applicable privacy laws that are unlikely to be directly related provided orally with subsequent documenta- (3) REQUIREMENTS CONCERNING POLICIES AND to a cybersecurity threat. tion of the consent. PROCEDURES.—Consistent with the guidelines (iii) Such other matters as the Attorney (B) EXEMPTION FROM DISCLOSURE.—A cyber required by subsection (b), the policies and threat indicator shared with a State, tribal, procedures developed and promulgated under General and the Secretary of Homeland Se- or local government under this section shall this subsection shall— curity consider appropriate for entities shar- be— (A) ensure that cyber threat indicators ing cyber threat indicators with Federal en- (i) deemed voluntarily shared information; shared with the Federal Government by any tities under this title. and entity pursuant to section 104(c) through the (b) PRIVACY AND CIVIL LIBERTIES.—

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7525

(1) GUIDELINES OF ATTORNEY GENERAL.—Not (1) IN GENERAL.—Not later than 90 days (5) REPORT ON DEVELOPMENT AND IMPLEMEN- later than 60 days after the date of the enact- after the date of the enactment of this Act, TATION.— ment of this Act, the Attorney General shall, the Secretary of Homeland Security, in co- (A) IN GENERAL.—Not later than 60 days in coordination with heads of the appro- ordination with the heads of the appropriate after the date of the enactment of this Act, priate Federal entities and in consultation Federal entities, shall develop and imple- the Secretary of Homeland Security shall with officers designated under section 1062 of ment a capability and process within the De- submit to Congress a report on the develop- the National Security Intelligence Reform partment of Homeland Security that— ment and implementation of the capability Act of 2004 (42 U.S.C. 2000ee–1), develop, sub- (A) shall accept from any entity in real and process required by paragraph (1), in- mit to Congress, and make available to the time cyber threat indicators and defensive cluding a description of such capability and public interim guidelines relating to privacy measures, pursuant to this section; process and the public notice of, and access and civil liberties which shall govern the re- (B) shall, upon submittal of the certifi- to, such process. ceipt, retention, use, and dissemination of cation under paragraph (2) that such capa- (B) CLASSIFIED ANNEX.—The report re- cyber threat indicators by a Federal entity bility and process fully and effectively oper- quired by subparagraph (A) shall be sub- obtained in connection with activities au- ates as described in such paragraph, be the mitted in unclassified form, but may include thorized in this title. process by which the Federal Government re- a classified annex. (2) FINAL GUIDELINES.— ceives cyber threat indicators and defensive (d) INFORMATION SHARED WITH OR PROVIDED (A) IN GENERAL.—Not later than 180 days measures under this title that are shared by TO THE FEDERAL GOVERNMENT.— after the date of the enactment of this Act, a private entity with the Federal Govern- (1) NO WAIVER OF PRIVILEGE OR PROTEC- the Attorney General shall, in coordination ment through electronic mail or media, an TION.—The provision of cyber threat indica- with heads of the appropriate Federal enti- interactive form on an Internet website, or a tors and defensive measures to the Federal ties and in consultation with officers des- real time, automated process between infor- Government under this title shall not con- ignated under section 1062 of the National mation systems except— stitute a waiver of any applicable privilege Security Intelligence Reform Act of 2004 (42 (i) consistent with section 104, communica- or protection provided by law, including U.S.C. 2000ee–1) and such private entities tions between a Federal entity and a private trade secret protection. with industry expertise as the Attorney Gen- entity regarding a previously shared cyber ROPRIETARY INFORMATION.—Consistent eral considers relevant, promulgate final (2) P guidelines relating to privacy and civil lib- threat indicator to describe the relevant cy- with section 104(c)(2), a cyber threat indi- erties which shall govern the receipt, reten- bersecurity threat or develop a defensive cator or defensive measure provided by an tion, use, and dissemination of cyber threat measure based on such cyber threat indi- entity to the Federal Government under this indicators by a Federal entity obtained in cator; and title shall be considered the commercial, fi- connection with activities authorized in this (ii) communications by a regulated entity nancial, and proprietary information of such title. with such entity’s Federal regulatory au- entity when so designated by the originating (B) PERIODIC REVIEW.—The Attorney Gen- thority regarding a cybersecurity threat; entity or a third party acting in accordance eral shall, in coordination with heads of the (C) ensures that all of the appropriate Fed- with the written authorization of the origi- appropriate Federal entities and in consulta- eral entities receive in an automated manner nating entity. tion with officers and private entities de- such cyber threat indicators shared through (3) EXEMPTION FROM DISCLOSURE.—Cyber scribed in subparagraph (A), periodically, but the real-time process within the Department threat indicators and defensive measures not less frequently than once every two of Homeland Security; provided to the Federal Government under years, review the guidelines promulgated (D) is in compliance with the policies, pro- this title shall be— under subparagraph (A). cedures, and guidelines required by this sec- (A) deemed voluntarily shared information (3) CONTENT.—The guidelines required by tion; and and exempt from disclosure under section 552 paragraphs (1) and (2) shall, consistent with (E) does not limit or prohibit otherwise of title 5, United States Code, and any State, the need to protect information systems lawful disclosures of communications, tribal, or local law requiring disclosure of in- from cybersecurity threats and mitigate cy- records, or other information, including— formation or records; and bersecurity threats— (i) reporting of known or suspected crimi- (B) withheld, without discretion, from the (A) limit the effect on privacy and civil lib- nal activity, by an entity to any other entity public under section 552(b)(3)(B) of title 5, erties of activities by the Federal Govern- or a Federal entity; United States Code, and any State, tribal, or ment under this title; (ii) voluntary or legally compelled partici- local provision of law requiring disclosure of (B) limit the receipt, retention, use, and pation in a Federal investigation; and information or records. dissemination of cyber threat indicators con- (iii) providing cyber threat indicators or (4) EX PARTE COMMUNICATIONS.—The provi- taining personal information or information defensive measures as part of a statutory or sion of a cyber threat indicator or defensive that identifies specific persons, including by authorized contractual requirement. measure to the Federal Government under establishing— (2) CERTIFICATION.—Not later than 10 days this title shall not be subject to a rule of any (i) a process for the timely destruction of prior to the implementation of the capa- Federal agency or department or any judi- such information that is known not to be di- bility and process required by paragraph (1), cial doctrine regarding ex parte communica- rectly related to uses authorized under this the Secretary of Homeland Security shall, in tions with a decision-making official. title; and consultation with the heads of the appro- (5) DISCLOSURE, RETENTION, AND USE.— (ii) specific limitations on the length of priate Federal entities, certify to Congress (A) AUTHORIZED ACTIVITIES.—Cyber threat any period in which a cyber threat indicator whether such capability and process fully indicators and defensive measures provided may be retained; and effectively operates— to the Federal Government under this title (C) include requirements to safeguard (A) as the process by which the Federal may be disclosed to, retained by, and used cyber threat indicators containing personal Government receives from any entity a by, consistent with otherwise applicable pro- information or information that identifies cyber threat indicator or defensive measure visions of Federal law, any Federal agency or specific persons from unauthorized access or under this title; and department, component, officer, employee, acquisition, including appropriate sanctions (B) in accordance with the policies, proce- or agent of the Federal Government solely for activities by officers, employees, or dures, and guidelines developed under this for— agents of the Federal Government in con- section. (i) a cybersecurity purpose; travention of such guidelines; (3) PUBLIC NOTICE AND ACCESS.—The Sec- (ii) the purpose of identifying a cybersecu- (D) include procedures for notifying enti- retary of Homeland Security shall ensure rity threat, including the source of such cy- ties and Federal entities if information re- there is public notice of, and access to, the bersecurity threat, or a security vulner- ceived pursuant to this section is known or capability and process developed and imple- ability; determined by a Federal entity receiving mented under paragraph (1) so that— (iii) the purpose of identifying a cybersecu- such information not to constitute a cyber (A) any entity may share cyber threat in- rity threat involving the use of an informa- threat indicator; dicators and defensive measures through tion system by a foreign adversary or ter- (E) protect the confidentiality of cyber such process with the Federal Government; rorist; threat indicators containing personal infor- and (iv) the purpose of responding to, or other- mation or information that identifies spe- (B) all of the appropriate Federal entities wise preventing or mitigating, an imminent cific persons to the greatest extent prac- receive such cyber threat indicators and de- threat of death, serious bodily harm, or seri- ticable and require recipients to be informed fensive measures in real time with receipt ous economic harm, including a terrorist act that such indicators may only be used for through the process within the Department or a use of a weapon of mass destruction; purposes authorized under this title; and of Homeland Security. (v) the purpose of responding to, or other- (F) include steps that may be needed so (4) OTHER FEDERAL ENTITIES.—The process wise preventing or mitigating, a serious that dissemination of cyber threat indicators developed and implemented under paragraph threat to a minor, including sexual exploi- is consistent with the protection of classified (1) shall ensure that other Federal entities tation and threats to physical safety; or and other sensitive national security infor- receive in a timely manner any cyber threat (vi) the purpose of preventing, inves- mation. indicators and defensive measures shared tigating, disrupting, or prosecuting an of- (c) CAPABILITY AND PROCESS WITHIN THE with the Federal Government through such fense arising out of a threat described in DEPARTMENT OF HOMELAND SECURITY.— process. clause (iv) or any of the offenses listed in—

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7526 CONGRESSIONAL RECORD — SENATE October 27, 2015

(I) sections 1028 through 1030 of title 18, (c) CONSTRUCTION.—Nothing in this section (F) A review of actions taken by the Fed- United States Code (relating to fraud and shall be construed— eral Government based on cyber threat indi- identity theft); (1) to require dismissal of a cause of action cators shared with the Federal Government (II) chapter 37 of such title (relating to es- against an entity that has engaged in gross under this title, including the appropriate- pionage and censorship); and negligence or willful misconduct in the ness of any subsequent use or dissemination (III) chapter 90 of such title (relating to course of conducting activities authorized by of such cyber threat indicators by a Federal protection of trade secrets). this title; or entity under section 105. (B) PROHIBITED ACTIVITIES.—Cyber threat (2) to undermine or limit the availability (G) A description of any significant viola- indicators and defensive measures provided of otherwise applicable common law or stat- tions of the requirements of this title by the to the Federal Government under this title utory defenses. Federal Government. shall not be disclosed to, retained by, or used SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVI- (H) A summary of the number and type of by any Federal agency or department for any TIES. entities that received classified cyber threat use not permitted under subparagraph (A). (a) BIENNIAL REPORT ON IMPLEMENTATION.— indicators from the Federal Government (C) PRIVACY AND CIVIL LIBERTIES.—Cyber (1) IN GENERAL.—Not later than 1 year after under this title and an evaluation of the threat indicators and defensive measures the date of the enactment of this Act, and risks and benefits of sharing such cyber provided to the Federal Government under not less frequently than once every 2 years threat indicators. this title shall be retained, used, and dis- thereafter, the heads of the appropriate Fed- (3) RECOMMENDATIONS.—Each report sub- seminated by the Federal Government— eral entities shall jointly submit and the In- mitted under paragraph (1) may include rec- (i) in accordance with the policies, proce- spector General of the Department of Home- ommendations for improvements or modi- dures, and guidelines required by subsections land Security, the Inspector General of the fications to the authorities and processes (a) and (b); Intelligence Community, the Inspector Gen- under this title. (ii) in a manner that protects from unau- eral of the Department of Justice, the In- (4) FORM OF REPORT.—Each report required thorized use or disclosure any cyber threat spector General of the Department of De- by paragraph (1) shall be submitted in un- indicators that may contain personal infor- fense, and the Inspector General of the De- mation or information that identifies spe- classified form, but may include a classified cific persons; and partment of Energy, in consultation with the annex. Council of Inspectors General on Financial (iii) in a manner that protects the con- (b) REPORTS ON PRIVACY AND CIVIL LIB- Oversight, shall jointly submit to Congress a fidentiality of cyber threat indicators con- ERTIES.— detailed report concerning the implementa- taining personal information or information (1) BIENNIAL REPORT FROM PRIVACY AND that identifies a specific person. tion of this title during— (A) in the case of the first report submitted CIVIL LIBERTIES OVERSIGHT BOARD.—Not later (D) FEDERAL REGULATORY AUTHORITY.— under this paragraph, the most recent 1-year than 2 years after the date of the enactment (i) IN GENERAL.—Except as provided in of this Act and not less frequently than once clause (ii), cyber threat indicators and defen- period; and (B) in the case of any subsequent report every 2 years thereafter, the Privacy and sive measures provided to the Federal Gov- Civil Liberties Oversight Board shall submit ernment under this title shall not be directly submitted under this paragraph, the most re- cent 2-year period. to Congress and the President a report pro- used by any Federal, State, tribal, or local viding— government to regulate, including an en- (2) CONTENTS.—Each report submitted under paragraph (1) shall include, for the pe- (A) an assessment of the effect on privacy forcement action, the lawful activities of and civil liberties by the type of activities any entity, including activities relating to riod covered by the report, the following: (A) An assessment of the sufficiency of the carried out under this title; and monitoring, operating defensive measures, or (B) an assessment of the sufficiency of the sharing cyber threat indicators. policies, procedures, and guidelines required by section 105 in ensuring that cyber threat policies, procedures, and guidelines estab- (ii) EXCEPTIONS.— lished pursuant to section 105 in addressing (I) REGULATORY AUTHORITY SPECIFICALLY indicators are shared effectively and respon- sibly within the Federal Government. concerns relating to privacy and civil lib- RELATING TO PREVENTION OR MITIGATION OF erties. CYBERSECURITY THREATS.—Cyber threat indi- (B) An evaluation of the effectiveness of (2) BIENNIAL REPORT OF INSPECTORS GEN- cators and defensive measures provided to real-time information sharing through the ERAL.— the Federal Government under this title capability and process developed under sec- (A) IN GENERAL.—Not later than 2 years may, consistent with Federal or State regu- tion 105(c), including any impediments to after the date of the enactment of this Act latory authority specifically relating to the such real-time sharing. and not less frequently than once every 2 prevention or mitigation of cybersecurity (C) An assessment of the sufficiency of the years thereafter, the Inspector General of threats to information systems, inform the procedures developed under section 103 in en- the Department of Homeland Security, the development or implementation of regula- suring that cyber threat indicators in the Inspector General of the Intelligence Com- tions relating to such information systems. possession of the Federal Government are munity, the Inspector General of the Depart- (II) PROCEDURES DEVELOPED AND IMPLE- shared in a timely and adequate manner ment of Justice, the Inspector General of the MENTED UNDER THIS TITLE.—Clause (i) shall with appropriate entities, or, if appropriate, Department of Defense, and the Inspector not apply to procedures developed and imple- are made publicly available. General of the Department of Energy shall, mented under this title. (D) An assessment of whether cyber threat indicators have been properly classified and in consultation with the Council of Inspec- SEC. 106. PROTECTION FROM LIABILITY. an accounting of the number of security tors General on Financial Oversight, jointly (a) MONITORING OF INFORMATION SYSTEMS.— submit to Congress a report on the receipt, No cause of action shall lie or be maintained clearances authorized by the Federal Gov- in any court against any private entity, and ernment for the purposes of this title. use, and dissemination of cyber threat indi- such action shall be promptly dismissed, for (E) A review of the type of cyber threat in- cators and defensive measures that have the monitoring of information systems and dicators shared with the appropriate Federal been shared with Federal entities under this information under section 104(a) that is con- entities under this title, including the fol- title. ducted in accordance with this title. lowing: (B) CONTENTS.—Each report submitted (b) SHARING OR RECEIPT OF CYBER THREAT (i) The number of cyber threat indicators under subparagraph (A) shall include the fol- INDICATORS.—No cause of action shall lie or received through the capability and process lowing: be maintained in any court against any enti- developed under section 105(c). (i) A review of the types of cyber threat in- ty, and such action shall be promptly dis- (ii) The number of times that information dicators shared with Federal entities. missed, for the sharing or receipt of cyber shared under this title was used by a Federal (ii) A review of the actions taken by Fed- threat indicators or defensive measures entity to prosecute an offense consistent eral entities as a result of the receipt of such under section 104(c) if— with section 105(d)(5)(A). cyber threat indicators. (1) such sharing or receipt is conducted in (iii) The degree to which such information (iii) A list of Federal entities receiving accordance with this title; and may affect the privacy and civil liberties of such cyber threat indicators. (2) in a case in which a cyber threat indi- specific persons. (iv) A review of the sharing of such cyber cator or defensive measure is shared with the (iv) A quantitative and qualitative assess- threat indicators among Federal entities to Federal Government, the cyber threat indi- ment of the effect of the sharing of such identify inappropriate barriers to sharing in- cator or defensive measure is shared in a cyber threat indicators with the Federal formation. manner that is consistent with section Government on privacy and civil liberties of (3) RECOMMENDATIONS.—Each report sub- 105(c)(1)(B) and the sharing or receipt, as the specific persons, including the number of no- mitted under this subsection may include case may be, occurs after the earlier of— tices that were issued with respect to a fail- such recommendations as the Privacy and (A) the date on which the interim policies ure to remove personal information or infor- Civil Liberties Oversight Board, with respect and procedures are submitted to Congress mation that identified a specific person not to a report submitted under paragraph (1), or under section 105(a)(1) and guidelines are directly related to a cybersecurity threat in the Inspectors General referred to in para- submitted to Congress under section accordance with the procedures required by graph (2)(A), with respect to a report sub- 105(b)(1); or section 105(b)(3)(D). mitted under paragraph (2), may have for im- (B) the date that is 60 days after the date (v) The adequacy of any steps taken by the provements or modifications to the authori- of the enactment of this Act. Federal Government to reduce such effect. ties under this title.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7527

(4) FORM.—Each report required under this (1) to require an entity to provide informa- mary threats of carrying out a cybersecurity subsection shall be submitted in unclassified tion to a Federal entity or another entity; threat, including a cyber attack, theft, or form, but may include a classified annex. (2) to condition the sharing of cyber threat data breach, against the United States and SEC. 108. CONSTRUCTION AND PREEMPTION. indicators with an entity on such entity’s which threaten the United States national (a) OTHERWISE LAWFUL DISCLOSURES.— provision of cyber threat indicators to a Fed- security, economy, and intellectual prop- Nothing in this title shall be construed— eral entity or another entity; or erty. (1) to limit or prohibit otherwise lawful (3) to condition the award of any Federal (3) A description of the extent to which the disclosures of communications, records, or grant, contract, or purchase on the provision capabilities of the United States Govern- other information, including reporting of of a cyber threat indicator to a Federal enti- ment to respond to or prevent cybersecurity known or suspected criminal activity, by an ty or another entity. threats, including cyber attacks, theft, or entity to any other entity or the Federal (i) NO LIABILITY FOR NON-PARTICIPATION.— data breaches, directed against the United Government under this title; or Nothing in this title shall be construed to States private sector are degraded by a delay (2) to limit or prohibit otherwise lawful use subject any entity to liability for choosing in the prompt notification by private enti- of such disclosures by any Federal entity, not to engage in the voluntary activities au- ties of such threats or cyber attacks, theft, even when such otherwise lawful disclosures thorized in this title. and breaches. duplicate or replicate disclosures made (j) USE AND RETENTION OF INFORMATION.— (4) An assessment of additional tech- under this title. Nothing in this title shall be construed to nologies or capabilities that would enhance (b) WHISTLE BLOWER PROTECTIONS.—Noth- authorize, or to modify any existing author- the ability of the United States to prevent ing in this title shall be construed to pro- ity of, a department or agency of the Federal and to respond to cybersecurity threats, in- hibit or limit the disclosure of information Government to retain or use any informa- cluding cyber attacks, theft, and data protected under section 2302(b)(8) of title 5, tion shared under this title for any use other breaches. United States Code (governing disclosures of than permitted in this title. (5) An assessment of any technologies or illegality, waste, fraud, abuse, or public (k) FEDERAL PREEMPTION.— practices utilized by the private sector that health or safety threats), section 7211 of title (1) IN GENERAL.—This title supersedes any could be rapidly fielded to assist the intel- 5, United States Code (governing disclosures statute or other provision of law of a State ligence community in preventing and re- to Congress), section 1034 of title 10, United or political subdivision of a State that re- sponding to cybersecurity threats. States Code (governing disclosure to Con- stricts or otherwise expressly regulates an (c) ADDITIONAL REPORT.—At the time the gress by members of the military), section activity authorized under this title. report required by subsection (a) is sub- 1104 of the National Security Act of 1947 (50 (2) STATE LAW ENFORCEMENT.—Nothing in mitted, the Director of National Intelligence U.S.C. 3234) (governing disclosure by employ- this title shall be construed to supersede any shall submit to the Committee on Foreign ees of elements of the intelligence commu- statute or other provision of law of a State Relations of the Senate and the Committee nity), or any similar provision of Federal or or political subdivision of a State concerning on Foreign Affairs of the House of Represent- State law. the use of authorized law enforcement prac- atives a report containing the information (c) PROTECTION OF SOURCES AND METH- tices and procedures. required by subsection (b)(2). ODS.—Nothing in this title shall be con- (l) REGULATORY AUTHORITY.—Nothing in strued— (d) FORM OF REPORT.—The report required this title shall be construed— by subsection (a) shall be made available in (1) as creating any immunity against, or (1) to authorize the promulgation of any otherwise affecting, any action brought by classified and unclassified forms. regulations not specifically authorized by (e) INTELLIGENCE COMMUNITY DEFINED.—In the Federal Government, or any agency or this title; this section, the term ‘‘intelligence commu- department thereof, to enforce any law, ex- (2) to establish or limit any regulatory au- nity’’ has the meaning given that term in ecutive order, or procedure governing the ap- thority not specifically established or lim- section 3 of the National Security Act of 1947 propriate handling, disclosure, or use of clas- ited under this title; or sified information; (50 U.S.C. 3003). (3) to authorize regulatory actions that SEC. 110. CONFORMING AMENDMENT. (2) to affect the conduct of authorized law would duplicate or conflict with regulatory enforcement or intelligence activities; or Section 941(c)(3) of the National Defense requirements, mandatory standards, or re- Authorization Act for Fiscal Year 2013 (Pub- (3) to modify the authority of a depart- lated processes under another provision of ment or agency of the Federal Government lic Law 112–239; 10 U.S.C. 2224 note) is amend- Federal law. ed by inserting at the end the following: to protect classified information and sources (m) AUTHORITY OF SECRETARY OF DEFENSE ‘‘The Secretary may share such information and methods and the national security of the TO RESPOND TO CYBER ATTACKS.—Nothing in with other Federal entities if such informa- United States. this title shall be construed to limit the au- tion consists of cyber threat indicators and (d) RELATIONSHIP TO OTHER LAWS.—Noth- thority of the Secretary of Defense to de- defensive measures and such information is ing in this title shall be construed to affect velop, prepare, coordinate, or, when author- shared consistent with the policies and pro- any requirement under any other provision ized by the President to do so, conduct a cedures promulgated by the Attorney Gen- of law for an entity to provide information military cyber operation in response to a eral and the Secretary of Homeland Security to the Federal Government. malicious cyber activity carried out against (e) PROHIBITED CONDUCT.—Nothing in this under section 105 of the Cybersecurity Infor- the United States or a United States person title shall be construed to permit price-fix- mation Sharing Act of 2015.’’. by a foreign government or an organization ing, allocating a market between competi- sponsored by a foreign government or a ter- TITLE II—FEDERAL CYBERSECURITY tors, monopolizing or attempting to monopo- rorist organization. ENHANCEMENT lize a market, boycotting, or exchanges of SEC. 201. SHORT TITLE. price or cost information, customer lists, or SEC. 109. REPORT ON CYBERSECURITY THREATS. This title may be cited as the ‘‘Federal Cy- information regarding future competitive (a) REPORT REQUIRED.—Not later than 180 bersecurity Enhancement Act of 2015’’. planning. days after the date of the enactment of this (f) INFORMATION SHARING RELATIONSHIPS.— Act, the Director of National Intelligence, in SEC. 202. DEFINITIONS. Nothing in this title shall be construed— coordination with the heads of other appro- In this title— (1) to limit or modify an existing informa- priate elements of the intelligence commu- (1) the term ‘‘agency’’ has the meaning tion sharing relationship; nity, shall submit to the Select Committee given the term in section 3502 of title 44, (2) to prohibit a new information sharing on Intelligence of the Senate and the Perma- United States Code; relationship; nent Select Committee on Intelligence of the (2) the term ‘‘agency information system’’ (3) to require a new information sharing re- House of Representatives a report on cyber- has the meaning given the term in section lationship between any entity and another security threats, including cyber attacks, 228 of the Homeland Security Act of 2002, as entity or a Federal entity; or theft, and data breaches. added by section 203(a); (4) to require the use of the capability and (b) CONTENTS.—The report required by sub- (3) the term ‘‘appropriate congressional process within the Department of Homeland section (a) shall include the following: committees’’ means— Security developed under section 105(c). (1) An assessment of the current intel- (A) the Committee on Homeland Security (g) PRESERVATION OF CONTRACTUAL OBLIGA- ligence sharing and cooperation relation- and Governmental Affairs of the Senate; and TIONS AND RIGHTS.—Nothing in this title ships of the United States with other coun- (B) the Committee on Homeland Security shall be construed— tries regarding cybersecurity threats, includ- of the House of Representatives; (1) to amend, repeal, or supersede any cur- ing cyber attacks, theft, and data breaches, (4) the terms ‘‘cybersecurity risk’’ and ‘‘in- rent or future contractual agreement, terms directed against the United States and which formation system’’ have the meanings given of service agreement, or other contractual threaten the United States national security those terms in section 227 of the Homeland relationship between any entities, or be- interests and economy and intellectual prop- Security Act of 2002, as so redesignated by tween any entity and a Federal entity; or erty, specifically identifying the relative section 203(a); (2) to abrogate trade secret or intellectual utility of such relationships, which elements (5) the term ‘‘Director’’ means the Director property rights of any entity or Federal enti- of the intelligence community participate in of the Office of Management and Budget; ty. such relationships, and whether and how (6) the term ‘‘intelligence community’’ has (h) ANTI-TASKING RESTRICTION.—Nothing in such relationships could be improved. the meaning given the term in section 3(4) of this title shall be construed to permit a Fed- (2) A list and an assessment of the coun- the National Security Act of 1947 (50 U.S.C. eral entity— tries and nonstate actors that are the pri- 3003(4));

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7528 CONGRESSIONAL RECORD — SENATE October 27, 2015

(7) the term ‘‘national security system’’ nologies and modify existing technologies to ‘‘(2) LIMITATION ON LIABILITY.—No cause of has the meaning given the term in section the intrusion detection and prevention capa- action shall lie in any court against a pri- 11103 of title 40, United States Code; and bilities described in paragraph (1) as appro- vate entity for assistance provided to the (8) the term ‘‘Secretary’’ means the Sec- priate to improve the intrusion detection Secretary in accordance with this section retary of Homeland Security. and prevention capabilities. and any contract or agreement entered into SEC. 203. IMPROVED FEDERAL NETWORK SECU- ‘‘(c) ACTIVITIES.—In carrying out sub- pursuant to subsection (c)(2). RITY. section (b), the Secretary— ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (a) IN GENERAL.—Subtitle C of title II of ‘‘(1) may access, and the head of an agency paragraph (2) shall be construed to authorize the Homeland Security Act of 2002 (6 U.S.C. may disclose to the Secretary or a private an Internet service provider to break a user 141 et seq.) is amended— entity providing assistance to the Secretary agreement with a customer without the con- (1) by redesignating section 228 as section under paragraph (2), information transiting sent of the customer. 229; or traveling to or from an agency informa- ‘‘(e) ATTORNEY GENERAL REVIEW.—Not (2) by redesignating section 227 as sub- tion system, regardless of the location from later than 1 year after the date of enactment section (c) of section 228, as added by para- which the Secretary or a private entity pro- of this section, the Attorney General shall graph (4), and adjusting the margins accord- viding assistance to the Secretary under review the policies and guidelines for the ingly; paragraph (2) accesses such information, not- program carried out under this section to en- (3) by redesignating the second section des- withstanding any other provision of law that sure that the policies and guidelines are con- ignated as section 226 (relating to the na- would otherwise restrict or prevent the head sistent with applicable law governing the ac- tional cybersecurity and communications in- of an agency from disclosing such informa- quisition, interception, retention, use, and tegration center) as section 227; tion to the Secretary or a private entity pro- disclosure of communications.’’. (4) by inserting after section 227, as so re- viding assistance to the Secretary under (b) PRIORITIZING ADVANCED SECURITY designated, the following: paragraph (2); TOOLS.—The Director and the Secretary, in ‘‘SEC. 228. CYBERSECURITY PLANS. ‘‘(2) may enter into contracts or other consultation with appropriate agencies, ‘‘(a) DEFINITIONS.—In this section— agreements with, or otherwise request and shall— ‘‘(1) the term ‘agency information system’ obtain the assistance of, private entities to (1) review and update governmentwide means an information system used or oper- deploy and operate technologies in accord- policies and programs to ensure appropriate ated by an agency or by another entity on ance with subsection (b); prioritization and use of network security behalf of an agency; ‘‘(3) may retain, use, and disclose informa- monitoring tools within agency networks; tion obtained through the conduct of activi- ‘‘(2) the terms ‘cybersecurity risk’ and ‘in- and ties authorized under this section only to formation system’ have the meanings given (2) brief appropriate congressional commit- protect information and information sys- those terms in section 227; tees on such prioritization and use. ‘‘(3) the term ‘intelligence community’ has tems from cybersecurity risks; (c) AGENCY RESPONSIBILITIES.— the meaning given the term in section 3(4) of ‘‘(4) shall regularly assess through oper- (1) IN GENERAL.—Except as provided in ational test and evaluation in real world or the National Security Act of 1947 (50 U.S.C. paragraph (2)— simulated environments available advanced 3003(4)); and (A) not later than 1 year after the date of protective technologies to improve detection ‘‘(4) the term ‘national security system’ enactment of this Act or 2 months after the has the meaning given the term in section and prevention capabilities, including com- date on which the Secretary makes available 11103 of title 40, United States Code. mercial and non-commercial technologies the intrusion detection and prevention capa- ‘‘(b) INTRUSION ASSESSMENT PLAN.— and detection technologies beyond signa- bilities under section 230(b)(1) of the Home- ‘‘(1) REQUIREMENT.—The Secretary, in co- ture-based detection, and utilize such tech- ordination with the Director of the Office of nologies when appropriate; land Security Act of 2002, as added by sub- Management and Budget, shall develop and ‘‘(5) shall establish a pilot to acquire, test, section (a), whichever is later, the head of implement an intrusion assessment plan to and deploy, as rapidly as possible, tech- each agency shall apply and continue to uti- identify and remove intruders in agency in- nologies described in paragraph (4); lize the capabilities to all information trav- formation systems. ‘‘(6) shall periodically update the privacy eling between an agency information system and any information system other than an ‘‘(2) EXCEPTION.—The intrusion assessment impact assessment required under section plan required under paragraph (1) shall not 208(b) of the E-Government Act of 2002 (44 agency information system; and apply to the Department of Defense, a na- U.S.C. 3501 note); and (B) not later than 6 months after the date tional security system, or an element of the ‘‘(7) shall ensure that— on which the Secretary makes available im- intelligence community.’’; ‘‘(A) activities carried out under this sec- provements to the intrusion detection and (5) in section 228(c), as so redesignated, by tion are reasonably necessary for the pur- prevention capabilities pursuant to section striking ‘‘section 226’’ and inserting ‘‘section pose of protecting agency information and 230(b)(2) of the Homeland Security Act of 227’’; and agency information systems from a cyberse- 2002, as added by subsection (a), the head of (6) by inserting after section 229, as so re- curity risk; each agency shall apply and continue to uti- designated, the following: ‘‘(B) information accessed by the Secretary lize the improved intrusion detection and prevention capabilities. ‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND will be retained no longer than reasonably PREVENTION SYSTEM. necessary for the purpose of protecting agen- (2) EXCEPTION.—The requirements under ‘‘(a) DEFINITIONS.—In this section— cy information and agency information sys- paragraph (1) shall not apply to the Depart- ‘‘(1) the term ‘agency’ has the meaning tems from a cybersecurity risk; ment of Defense, a national security system, given that term in section 3502 of title 44, ‘‘(C) notice has been provided to users of an or an element of the intelligence commu- United States Code; agency information system concerning ac- nity. ‘‘(2) the term ‘agency information’ means cess to communications of users of the agen- (3) DEFINITION.—In this subsection only, information collected or maintained by or on cy information system for the purpose of the term ‘‘agency information system’’ behalf of an agency; protecting agency information and the agen- means an information system owned or oper- ‘‘(3) the term ‘agency information system’ cy information system; and ated by an agency. has the meaning given the term in section ‘‘(D) the activities are implemented pursu- (4) RULE OF CONSTRUCTION.—Nothing in this 228; and ant to policies and procedures governing the subsection shall be construed to limit an ‘‘(4) the terms ‘cybersecurity risk’ and ‘in- operation of the intrusion detection and pre- agency from applying the intrusion detec- formation system’ have the meanings given vention capabilities. tion and prevention capabilities under sec- those terms in section 227. ‘‘(d) PRIVATE ENTITIES.— tion 230(b)(1) of the Homeland Security Act ‘‘(b) REQUIREMENT.— ‘‘(1) CONDITIONS.—A private entity de- of 2002, as added by subsection (a), at the dis- ‘‘(1) IN GENERAL.—Not later than 1 year scribed in subsection (c)(2) may not— cretion of the head of the agency or as pro- after the date of enactment of this section, ‘‘(A) disclose any network traffic vided in relevant policies, directives, and the Secretary shall deploy, operate, and transiting or traveling to or from an agency guidelines. maintain, to make available for use by any information system to any entity without (d) TABLE OF CONTENTS AMENDMENT.—The agency, with or without reimbursement— the consent of the Department or the agency table of contents in section 1(b) of the Home- ‘‘(A) a capability to detect cybersecurity that disclosed the information under sub- land Security Act of 2002 (6 U.S.C. 101 note) risks in network traffic transiting or trav- section (c)(1); or is amended by striking the items relating to eling to or from an agency information sys- ‘‘(B) use any network traffic transiting or the first section designated as section 226, tem; and traveling to or from an agency information the second section designated as section 226 ‘‘(B) a capability to prevent network traf- system to which the private entity gains ac- (relating to the national cybersecurity and fic associated with such cybersecurity risks cess in accordance with this section for any communications integration center), section from transiting or traveling to or from an purpose other than to protect agency infor- 227, and section 228 and inserting the fol- agency information system or modify such mation and agency information systems lowing: network traffic to remove the cybersecurity against cybersecurity risks or to administer ‘‘Sec. 226. Cybersecurity recruitment and re- risk. a contract or other agreement entered into tention. ‘‘(2) REGULAR IMPROVEMENT.—The Sec- pursuant to subsection (c)(2) or as part of an- ‘‘Sec. 227. National cybersecurity and com- retary shall regularly deploy new tech- other contract with the Secretary. munications integration center.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0655 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7529

‘‘Sec. 228. Cybersecurity plans. (D) implement a single sign-on trusted (A) SECRETARY OF HOMELAND SECURITY RE- ‘‘Sec. 229. Clearances. identity platform for individuals accessing PORT.—Not later than 6 months after the ‘‘Sec. 230. Federal intrusion detection and each public website of the agency that re- date of enactment of this Act, and annually prevention system.’’. quires user authentication, as developed by thereafter, the Secretary shall submit to the SEC. 204. ADVANCED INTERNAL DEFENSES. the Administrator of General Services in col- appropriate congressional committees a re- (a) ADVANCED NETWORK SECURITY TOOLS.— laboration with the Secretary; and port on the status of implementation of the (1) IN GENERAL.—The Secretary shall in- (E) implement identity management con- intrusion detection and prevention capabili- clude in the Continuous Diagnostics and sistent with section 504 of the Cybersecurity ties, including— Mitigation Program advanced network secu- Enhancement Act of 2014 (Public Law 113– (i) a description of privacy controls; rity tools to improve visibility of network 274; 15 U.S.C. 7464), including multi-factor (ii) a description of the technologies and activity, including through the use of com- authentication, for— capabilities utilized to detect cybersecurity mercial and free or open source tools, to de- (i) remote access to an agency information risks in network traffic, including the extent tect and mitigate intrusions and anomalous system; and to which those technologies and capabilities activity. (ii) each user account with elevated privi- include existing commercial and non-com- mercial technologies; (2) DEVELOPMENT OF PLAN.—The Director leges on an agency information system. shall develop and implement a plan to ensure (2) EXCEPTION.—The requirements under (iii) a description of the technologies and that each agency utilizes advanced network paragraph (1) shall not apply to an agency capabilities utilized to prevent network traf- security tools, including those described in information system for which— fic associated with cybersecurity risks from paragraph (1), to detect and mitigate intru- (A) the head of the agency has personally transiting or traveling to or from agency in- sions and anomalous activity. certified to the Director with particularity formation systems, including the extent to which those technologies and capabilities in- (b) IMPROVED METRICS.—The Secretary, in that— clude existing commercial and non-commer- collaboration with the Director, shall review (i) operational requirements articulated in cial technologies; and update the metrics used to measure se- the certification and related to the agency (iv) a list of the types of indicators or curity under section 3554 of title 44, United information system would make it exces- other identifiers or techniques used to detect States Code, to include measures of intru- sively burdensome to implement the cyber- cybersecurity risks in network traffic sion and incident detection and response security requirement; transiting or traveling to or from agency in- times. (ii) the cybersecurity requirement is not formation systems on each iteration of the (c) TRANSPARENCY AND ACCOUNTABILITY.— necessary to secure the agency information intrusion detection and prevention capabili- The Director, in consultation with the Sec- system or agency information stored on or ties and the number of each such type of in- retary, shall increase transparency to the transiting it; and dicator, identifier, and technique; public on agency cybersecurity posture, in- (iii) the agency has taken all necessary steps to secure the agency information sys- (v) the number of instances in which the cluding by increasing the number of metrics intrusion detection and prevention capabili- available on Federal Government perform- tem and agency information stored on or transiting it; and ties detected a cybersecurity risk in network ance websites and, to the greatest extent traffic transiting or traveling to or from practicable, displaying metrics for depart- (B) the head of the agency or the designee of the head of the agency has submitted the agency information systems and the number ment components, small agencies, and micro of times the intrusion detection and preven- certification described in subparagraph (A) agencies. tion capabilities blocked network traffic as- to the appropriate congressional committees (d) MAINTENANCE OF TECHNOLOGIES.—Sec- sociated with cybersecurity risk; and and the agency’s authorizing committees. tion 3553(b)(6)(B) of title 44, United States (vi) a description of the pilot established (3) CONSTRUCTION.—Nothing in this section Code, is amended by inserting ‘‘, operating, under section 230(c)(5) of the Homeland Secu- shall be construed to alter the authority of and maintaining’’ after ‘‘deploying’’. rity Act of 2002, as added by section 203(a) of the Secretary, the Director, or the Director (e) EXCEPTION.—The requirements under this Act, including the number of new tech- of the National Institute of Standards and this section shall not apply to the Depart- nologies tested and the number of partici- Technology in implementing subchapter II of ment of Defense, a national security system, pating agencies. chapter 35 of title 44, United States Code. or an element of the intelligence commu- (B) OMB REPORT.—Not later than 18 nity. Nothing in this section shall be construed to months after the date of enactment of this SEC. 205. FEDERAL CYBERSECURITY REQUIRE- affect the National Institute of Standards Act, and annually thereafter, the Director MENTS. and Technology standards process or the re- shall submit to Congress, as part of the re- (a) IMPLEMENTATION OF FEDERAL CYBERSE- quirement under section 3553(a)(4) of such port required under section 3553(c) of title 44, CURITY STANDARDS.—Consistent with section title or to discourage continued improve- United States Code, an analysis of agency 3553 of title 44, United States Code, the Sec- ments and advancements in the technology, application of the intrusion detection and retary, in consultation with the Director, standards, policies, and guidelines used to prevention capabilities, including— shall exercise the authority to issue binding promote Federal information security. (i) a list of each agency and the degree to operational directives to assist the Director (c) EXCEPTION.—The requirements under which each agency has applied the intrusion in ensuring timely agency adoption of and this section shall not apply to the Depart- detection and prevention capabilities to an compliance with policies and standards pro- ment of Defense, a national security system, agency information system; and mulgated under section 11331 of title 40, or an element of the intelligence commu- (ii) a list by agency of— United States Code, for securing agency in- nity. (I) the number of instances in which the in- formation systems. SEC. 206. ASSESSMENT; REPORTS. trusion detection and prevention capabilities (b) CYBERSECURITY REQUIREMENTS AT AGEN- (a) DEFINITIONS.—In this section— detected a cybersecurity risk in network CIES.— (1) the term ‘‘intrusion assessments’’ traffic transiting or traveling to or from an (1) IN GENERAL.—Consistent with policies, means actions taken under the intrusion as- agency information system and the types of standards, guidelines, and directives on in- sessment plan to identify and remove intrud- indicators, identifiers, and techniques used formation security under subchapter II of ers in agency information systems; to detect such cybersecurity risks; and chapter 35 of title 44, United States Code, (2) the term ‘‘intrusion assessment plan’’ (II) the number of instances in which the and the standards and guidelines promul- means the plan required under section intrusion detection and prevention capabili- gated under section 11331 of title 40, United 228(b)(1) of the Homeland Security Act of ties prevented network traffic associated States Code, and except as provided in para- 2002, as added by section 203(a) of this Act; with a cybersecurity risk from transiting or graph (2), not later than 1 year after the date and traveling to or from an agency information of the enactment of this Act, the head of (3) the term ‘‘intrusion detection and pre- system and the types of indicators, identi- each agency shall— vention capabilities’’ means the capabilities fiers, and techniques used to detect such (A) identify sensitive and mission critical required under section 230(b) of the Home- agency information systems. data stored by the agency consistent with land Security Act of 2002, as added by section (2) OMB REPORT ON DEVELOPMENT AND IM- the inventory required under the first sub- 203(a) of this Act. PLEMENTATION OF INTRUSION ASSESSMENT section (c) (relating to the inventory of (b) THIRD PARTY ASSESSMENT.—Not later PLAN, ADVANCED INTERNAL DEFENSES, AND major information systems) and the second than 3 years after the date of enactment of FEDERAL CYBERSECURITY BEST PRACTICES.— subsection (c) (relating to the inventory of this Act, the Government Accountability Of- The Director shall— information systems) of section 3505 of title fice shall conduct a study and publish a re- (A) not later than 6 months after the date 44, United States Code; port on the effectiveness of the approach and of enactment of this Act, and 30 days after (B) assess access controls to the data de- strategy of the Federal Government to se- any update thereto, submit the intrusion as- scribed in subparagraph (A), the need for curing agency information systems, includ- sessment plan to the appropriate congres- readily accessible storage of the data, and in- ing the intrusion detection and prevention sional committees; dividuals’ need to access the data; capabilities and the intrusion assessment (B) not later than 1 year after the date of (C) encrypt or otherwise render indecipher- plan. enactment of this Act, and annually there- able to unauthorized users the data described (c) REPORTS TO CONGRESS.— after, submit to Congress, as part of the re- in subparagraph (A) that is stored on or (1) INTRUSION DETECTION AND PREVENTION port required under section 3553(c) of title 44, transiting agency information systems; CAPABILITIES.— United States Code—

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7530 CONGRESSIONAL RECORD — SENATE October 27, 2015

(i) a description of the implementation of ‘‘(h) DIRECTION TO AGENCIES.— ‘‘(iv) the Secretary provides prior notice to the intrusion assessment plan; ‘‘(1) AUTHORITY.— the Director, and the head and chief informa- (ii) the findings of the intrusion assess- ‘‘(A) IN GENERAL.—Subject to subparagraph tion officer (or equivalent official) of each ments conducted pursuant to the intrusion (B), in response to a known or reasonably agency to which specific actions will be assessment plan; suspected information security threat, vul- taken pursuant to subparagraph (A), and no- (iii) advanced network security tools in- nerability, or incident that represents a sub- tifies the appropriate congressional commit- cluded in the Continuous Diagnostics and stantial threat to the information security tees and authorizing committees of each Mitigation Program pursuant to section of an agency, the Secretary may issue an such agencies within seven days of taking an 204(a)(1); emergency directive to the head of an agency action under this subsection of— (iv) the results of the assessment of the to take any lawful action with respect to the ‘‘(I) any action taken under this sub- Secretary of best practices for Federal cy- operation of the information system, includ- section; and bersecurity pursuant to section 205(a); and ing such systems used or operated by an- ‘‘(II) the reasons for and duration and na- (v) a list by agency of compliance with the other entity on behalf of an agency, that col- ture of the action; requirements of section 205(b); and lects, processes, stores, transmits, dissemi- ‘‘(v) the action of the Secretary is con- (C) not later than 1 year after the date of nates, or otherwise maintains agency infor- sistent with applicable law; and enactment of this Act, submit to the appro- mation, for the purpose of protecting the in- ‘‘(vi) the Secretary authorizes the use of priate congressional committees— formation system from, or mitigating, an in- protective capabilities in accordance with (i) a copy of the plan developed pursuant to formation security threat. the advance procedures established under section 204(a)(2); and ‘‘(B) EXCEPTION.—The authorities of the subparagraph (C). (ii) the improved metrics developed pursu- Secretary under this subsection shall not ‘‘(B) LIMITATION ON DELEGATION.—The au- ant to section 204(b). apply to a system described subsection (d) or thority under this subsection may not be SEC. 207. TERMINATION. to a system described in paragraph (2) or (3) delegated by the Secretary. (a) IN GENERAL.—The authority provided of subsection (e). ‘‘(C) ADVANCE PROCEDURES.—The Secretary under section 230 of the Homeland Security ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— shall, in coordination with the Director, and Act of 2002, as added by section 203(a) of this The Secretary shall— in consultation with the heads of Federal Act, and the reporting requirements under ‘‘(A) in coordination with the Director, es- agencies, establish procedures governing the section 206(c) shall terminate on the date tablish procedures governing the cir- circumstances under which the Secretary that is 7 years after the date of enactment of cumstances under which a directive may be may authorize the use of protective capabili- this Act. issued under this subsection, which shall in- ties subparagraph (A). The Secretary shall (b) RULE OF CONSTRUCTION.—Nothing in clude— submit the procedures to Congress. subsection (a) shall be construed to affect ‘‘(i) thresholds and other criteria; ‘‘(4) LIMITATION.—The Secretary may di- the limitation of liability of a private entity ‘‘(ii) privacy and civil liberties protections; rect or authorize lawful action or protective for assistance provided to the Secretary and capability under this subsection only to— under section 230(d)(2) of the Homeland Secu- ‘‘(iii) providing notice to potentially af- ‘‘(A) protect agency information from un- rity Act of 2002, as added by section 203(a) of fected third parties; authorized access, use, disclosure, disrup- this Act, if such assistance was rendered be- ‘‘(B) specify the reasons for the required tion, modification, or destruction; or fore the termination date under subsection action and the duration of the directive; ‘‘(B) require the remediation of or protect (a) or otherwise during a period in which the ‘‘(C) minimize the impact of a directive against identified information security risks assistance was authorized. under this subsection by— with respect to— SEC. 208. IDENTIFICATION OF INFORMATION SYS- ‘‘(i) adopting the least intrusive means ‘‘(i) information collected or maintained TEMS RELATING TO NATIONAL SE- possible under the circumstances to secure by or on behalf of an agency; or CURITY. ‘‘(ii) that portion of an information system (a) IN GENERAL.—Except as provided in the agency information systems; and used or operated by an agency or by a con- subsection (c), not later than 180 days after ‘‘(ii) limiting directives to the shortest pe- tractor of an agency or other organization the date of enactment of this Act— riod practicable; on behalf of an agency. (1) the Director of National Intelligence ‘‘(D) notify the Director and the head of any affected agency immediately upon the ‘‘(i) ANNUAL REPORT TO CONGRESS.—Not and the Director of the Office of Manage- later than February 1 of each year, the Di- ment and Budget, in coordination with the issuance of a directive under this subsection; ‘‘(E) consult with the Director of the Na- rector shall submit to the appropriate con- heads of other agencies, shall— gressional committees a report regarding the (A) identify all unclassified information tional Institute of Standards and Technology regarding any directive under this sub- specific actions the Director has taken pur- systems that provide access to information suant to subsection (a)(5), including any ac- that may provide an adversary with the abil- section that implements standards and guidelines developed by the National Insti- tions taken pursuant to section 11303(b)(5) of ity to derive information that would other- title 40. wise be considered classified; tute of Standards and Technology; ‘‘(F) ensure that directives issued under ‘‘(j) APPROPRIATE CONGRESSIONAL COMMIT- (B) assess the risks that would result from TEES DEFINED.—In this section, the term ‘ap- the breach of each unclassified information this subsection do not conflict with the standards and guidelines issued under sec- propriate congressional committees’ system identified in subparagraph (A); and means— (C) assess the cost and impact on the mis- tion 11331 of title 40; ‘‘(G) consider any applicable standards or ‘‘(1) the Committee on Appropriations and sion carried out by each agency that owns an the Committee on Homeland Security and unclassified information system identified in guidelines developed by the National Insti- tute of Standards and issued by the Sec- Governmental Affairs of the Senate; and subparagraph (A) if the system were to be ‘‘(2) the Committee on Appropriations, the subsequently designated as a national secu- retary of Commerce under section 11331 of title 40; and Committee on Homeland Security, the Com- rity system; and mittee on Oversight and Government Re- (2) the Director of National Intelligence ‘‘(H) not later than February 1 of each year, submit to the appropriate congres- form, and the Committee on Science, Space, and the Director of the Office of Manage- and Technology of the House of Representa- ment and Budget shall submit to the appro- sional committees a report regarding the specific actions the Secretary has taken pur- tives.’’. priate congressional committees, the Select (b) CONFORMING AMENDMENT.—Section suant to paragraph (1)(A). Committee on Intelligence of the Senate, 3554(a)(1)(B) of title 44, United States Code, is ‘‘(3) IMMINENT THREATS.— and the Permanent Select Committee on In- amended— ‘‘(A) IN GENERAL.—Notwithstanding section telligence of the House of Representatives a (1) in clause (iii), by striking ‘‘and’’ at the 3554, the Secretary may authorize the intru- report that includes the findings under para- end; and sion detection and prevention capabilities graph (1). (2) by adding at the end the following: under section 230(b)(1) of the Homeland Secu- (b) FORM.—The report submitted under ‘‘(v) emergency directives issued by the rity Act of 2002 for the purpose of ensuring subsection (a)(2) shall be in unclassified Secretary under section 3553(h); and’’. form, and shall include a classified annex. the security of agency information systems, (c) EXCEPTION.—The requirements under if— TITLE III—FEDERAL CYBERSECURITY subsection (a)(1) shall not apply to the De- ‘‘(i) the Secretary determines there is an WORKFORCE ASSESSMENT partment of Defense, a national security sys- imminent threat to agency information sys- SEC. 301. SHORT TITLE. tem, or an element of the intelligence com- tems; This title may be cited as the ‘‘Federal Cy- munity. ‘‘(ii) the Secretary determines a directive bersecurity Workforce Assessment Act of (d) RULE OF CONSTRUCTION.—Nothing in under subsection (b)(2)(C) or paragraph (1)(A) 2015’’. this section shall be construed to designate is not reasonably likely to result in a timely SEC. 302. DEFINITIONS. an information system as a national security response to the threat; In this title: system. ‘‘(iii) the Secretary determines the risk (1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 209. DIRECTION TO AGENCIES. posed by the imminent threat outweighs any TEES.—The term ‘‘appropriate congressional (a) IN GENERAL.—Section 3553 of title 44, adverse consequences reasonably expected to committees’’ means— United States Code, is amended by adding at result from the use of protective capabilities (A) the Committee on Armed Services of the end the following: under the control of the Secretary; the Senate;

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7531 (B) the Committee on Homeland Security priate training and certification for existing the Secretary of Homeland Security, in con- and Governmental Affairs of the Senate; personnel. sultation with the Director of the National (C) the Select Committee on Intelligence (E) PROCEDURES FOR ASSIGNING CODES.—Not Institute of Standards and Technology, of the Senate; later than 3 months after the date on which shall— (D) the Committee on Commerce, Science, the procedures are developed under subpara- (1) complete a study on threats relating to and Transportation of the Senate; graphs (B) and (C), respectively, the head of the security of the mobile devices of the Fed- (E) the Committee on Armed Services in each Federal agency shall establish proce- eral Government; and the House of Representatives; dures— (2) submit an unclassified report to Con- (F) the Committee on Homeland Security (i) to identify all encumbered and vacant gress, with a classified annex if necessary, of the House of Representatives; positions with information technology, cy- that contains the findings of such study, the (G) the Committee on Oversight and Gov- bersecurity, or other cyber-related functions recommendations developed under paragraph ernment Reform of the House of Representa- (as defined in the National Initiative for Cy- (3) of subsection (b), the deficiencies, if any, tives; and bersecurity Education’s coding structure); identified under (4) of such subsection, and (H) the Permanent Select Committee on and the plan developed under paragraph (5) of Intelligence of the House of Representatives. (ii) to assign the appropriate employment such subsection. (2) DIRECTOR.—The term ‘‘Director’’ means code to each such position, using agreed (b) MATTERS STUDIED.—In carrying out the the Director of the Office of Personnel Man- standards and definitions. study under subsection (a)(1), the Secretary, agement. (2) CODE ASSIGNMENTS.—Not later than 1 in consultation with the Director of the Na- (3) ROLES.—The term ‘‘roles’’ has the year after the date after the procedures are tional Institute of Standards and Tech- meaning given the term in the National Ini- established under paragraph (1)(E), the head nology, shall— tiative for Cybersecurity Education’s Cyber- of each Federal agency shall complete as- (1) assess the evolution of mobile security security Workforce Framework. signment of the appropriate employment techniques from a desktop-centric approach, SEC. 303. NATIONAL CYBERSECURITY WORK- code to each position within the agency with and whether such techniques are adequate to FORCE MEASUREMENT INITIATIVE. information technology, cybersecurity, or meet current mobile security challenges; (a) IN GENERAL.—The head of each Federal other cyber-related functions. (2) assess the effect such threats may have agency shall— (c) PROGRESS REPORT.—Not later than 180 on the cybersecurity of the information sys- days after the date of enactment of this Act, (1) identify all positions within the agency tems and networks of the Federal Govern- the Director shall submit a progress report that require the performance of cybersecu- ment (except for national security systems on the implementation of this section to the rity or other cyber-related functions; and or the information systems and networks of appropriate congressional committees. (2) assign the corresponding employment the Department of Defense and the intel- code, which shall be added to the National SEC. 304. IDENTIFICATION OF CYBER-RELATED ligence community); ROLES OF CRITICAL NEED. Initiative for Cybersecurity Education’s Na- (3) develop recommendations for address- (a) IN GENERAL.—Beginning not later than tional Cybersecurity Workforce Framework, 1 year after the date on which the employ- ing such threats based on industry standards in accordance with subsection (b). ment codes are assigned to employees pursu- and best practices; (b) EMPLOYMENT CODES.— ant to section 203(b)(2), and annually (4) identify any deficiencies in the current (1) PROCEDURES.— through 2022, the head of each Federal agen- authorities of the Secretary that may in- (A) CODING STRUCTURE.—Not later than 180 cy, in consultation with the Director, the Di- hibit the ability of the Secretary to address days after the date of the enactment of this rector of the National Institute of Standards mobile device security throughout the Fed- Act, the Secretary of Commerce, acting and Technology, and the Secretary of Home- eral Government (except for national secu- through the National Institute of Standards land Security, shall— rity systems and the information systems and Technology, shall update the National (1) identify information technology, cyber- and networks of the Department of Defense Initiative for Cybersecurity Education’s Cy- security, or other cyber-related roles of crit- and intelligence community); and bersecurity Workforce Framework to include ical need in the agency’s workforce; and (5) develop a plan for accelerated adoption a corresponding coding structure. (2) submit a report to the Director that— of secure mobile device technology by the (B) IDENTIFICATION OF CIVILIAN CYBER PER- (A) describes the information technology, Department of Homeland Security. SONNEL.—Not later than 9 months after the cybersecurity, or other cyber-related roles (c) INTELLIGENCE COMMUNITY DEFINED.—In date of enactment of this Act, the Director, identified under paragraph (1); and this section, the term ‘‘intelligence commu- in coordination with the Director of the Na- (B) substantiates the critical need designa- nity’’ has the meaning given such term in tional Institute of Standards and Technology tions. section 3 of the National Security Act of 1947 and the Director of National Intelligence, (b) GUIDANCE.—The Director shall provide (50 U.S.C. 3003). shall establish procedures to implement the Federal agencies with timely guidance for National Initiative for Cybersecurity Edu- identifying information technology, cyberse- SEC. 402. DEPARTMENT OF STATE INTER- cation’s coding structure to identify all Fed- NATIONAL CYBERSPACE POLICY curity, or other cyber-related roles of crit- STRATEGY. eral civilian positions that require the per- ical need, including— formance of information technology, cyber- (1) current information technology, cyber- (a) IN GENERAL.—Not later than 90 days security, or other cyber-related functions. security, and other cyber-related roles with after the date of the enactment of this Act, (C) IDENTIFICATION OF NONCIVILIAN CYBER acute skill shortages; and the Secretary of State shall produce a com- PERSONNEL.—Not later than 18 months after (2) information technology, cybersecurity, prehensive strategy relating to United the date of enactment of this Act, the Sec- or other cyber-related roles with emerging States international policy with regard to retary of Defense shall establish procedures skill shortages. cyberspace. to implement the National Initiative for Cy- (c) CYBERSECURITY NEEDS REPORT.—Not (b) ELEMENTS.—The strategy required by bersecurity Education’s coding structure to later than 2 years after the date of the enact- subsection (a) shall include the following: identify all Federal noncivilian positions ment of this Act, the Director, in consulta- (1) A review of actions and activities un- that require the performance of information tion with the Secretary of Homeland Secu- dertaken by the Secretary of State to date technology, cybersecurity, or other cyber-re- rity, shall— to support the goal of the President’s Inter- lated functions. (1) identify critical needs for information national Strategy for Cyberspace, released in (D) BASELINE ASSESSMENT OF EXISTING CY- technology, cybersecurity, or other cyber-re- May 2011, to ‘‘work internationally to pro- BERSECURITY WORKFORCE.—Not later than 3 lated workforce across all Federal agencies; mote an open, interoperable, secure, and reli- months after the date on which the proce- and able information and communications infra- dures are developed under subparagraphs (B) (2) submit a progress report on the imple- structure that supports international trade and (C), respectively, the head of each Fed- mentation of this section to the appropriate and commerce, strengthens international se- eral agency shall submit to the appropriate congressional committees. curity, and fosters free expression and inno- congressional committees of jurisdiction a SEC. 305. GOVERNMENT ACCOUNTABILITY OF- vation.’’. report that identifies— FICE STATUS REPORTS. (2) A plan of action to guide the diplomacy (i) the percentage of personnel with infor- The Comptroller General of the United of the Secretary of State, with regard to for- mation technology, cybersecurity, or other States shall— eign countries, including conducting bilat- cyber-related job functions who currently (1) analyze and monitor the implementa- eral and multilateral activities to develop hold the appropriate industry-recognized tion of sections 303 and 304; and the norms of responsible international be- certifications as identified in the National (2) not later than 3 years after the date of havior in cyberspace, and status review of Initiative for Cybersecurity Education’s Cy- the enactment of this Act, submit a report existing discussions in multilateral fora to bersecurity Workforce Framework; to the appropriate congressional committees obtain agreements on international norms in (ii) the level of preparedness of other civil- that describes the status of such implemen- cyberspace. ian and noncivilian cyber personnel without tation. (3) A review of the alternative concepts existing credentials to take certification TITLE IV—OTHER CYBER MATTERS with regard to international norms in cyber- exams; and SEC. 401. STUDY ON MOBILE DEVICE SECURITY. space offered by foreign countries that are (iii) a strategy for mitigating any gaps (a) IN GENERAL.—Not later than 1 year prominent actors, including China, Russia, identified in clause (i) or (ii) with the appro- after the date of the enactment of this Act, Brazil, and India.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7532 CONGRESSIONAL RECORD — SENATE October 27, 2015 (4) A detailed description of threats to (C) for each international cyber criminal (2) require an entity to— United States national security in cyber- who was extradited to the United States dur- (A) adopt a recommended measure devel- space from foreign countries, state-spon- ing the most recently completed calendar oped under subsection (b); or sored actors, and private actors to Federal year— (B) follow the best practices developed and private sector infrastructure of the (i) his or her name; under subsection (c). United States, intellectual property in the (ii) the crimes for which he or she was SEC. 405. IMPROVING CYBERSECURITY IN THE United States, and the privacy of citizens of charged; HEALTH CARE INDUSTRY. the United States. (iii) his or her previous country of resi- (a) DEFINITIONS.—In this section: (5) A review of policy tools available to the dence; and (1) BUSINESS ASSOCIATE.—The term ‘‘busi- President to deter foreign countries, state- (iv) the country from which he or she was ness associate’’ has the meaning given such sponsored actors, and private actors, includ- extradited into the United States. term in section 160.103 of title 45, Code of ing those outlined in Executive Order 13694, (2) FORM.—The report required by this sub- Federal Regulations. released on April 1, 2015. section shall be in unclassified form to the (2) COVERED ENTITY.—The term ‘‘covered (6) A review of resources required by the maximum extent possible, but may include a entity’’ has the meaning given such term in Secretary, including the Office of the Coordi- classified annex. section 160.103 of title 45, Code of Federal nator for Cyber Issues, to conduct activities (3) APPROPRIATE CONGRESSIONAL COMMIT- Regulations. to build responsible norms of international TEES.—For purposes of this subsection, the (3) HEALTH CARE CLEARINGHOUSE; HEALTH cyber behavior. term ‘‘appropriate congressional commit- CARE PROVIDER; HEALTH PLAN.—The terms (c) CONSULTATION.—In preparing the strat- tees’’ means— ‘‘health care clearinghouse’’, ‘‘health care egy required by subsection (a), the Secretary (A) the Committee on Foreign Relations, provider’’, and ‘‘health plan’’ have the mean- of State shall consult, as appropriate, with the Committee on Appropriations, the Com- ings given the terms in section 160.103 of other agencies and departments of the mittee on Homeland Security and Govern- title 45, Code of Federal Regulations. United States and the private sector and mental Affairs, the Committee on Banking, (4) HEALTH CARE INDUSTRY STAKEHOLDER.— nongovernmental organizations in the Housing, and Urban Affairs, the Select Com- The term ‘‘health care industry stakeholder’’ United States with recognized credentials mittee on Intelligence, and the Committee means any— and expertise in foreign policy, national se- on the Judiciary of the Senate; and (A) health plan, health care clearinghouse, curity, and cybersecurity. (B) the Committee on Foreign Affairs, the or health care provider; (d) FORM OF STRATEGY.—The strategy re- Committee on Appropriations, the Com- (B) patient advocate; quired by subsection (a) shall be in unclassi- mittee on Homeland Security, the Com- (C) pharmacist; fied form, but may include a classified mittee on Financial Services, the Permanent (D) developer of health information tech- annex. Select Committee on Intelligence, and the (e) AVAILABILITY OF INFORMATION.—The nology; Committee on the Judiciary of the House of (E) laboratory; Secretary of State shall— Representatives. (1) make the strategy required in sub- (F) pharmaceutical or medical device man- SEC. 404. ENHANCEMENT OF EMERGENCY SERV- section (a) available the public; and ufacturer; or ICES. (G) additional stakeholder the Secretary (2) brief the Committee on Foreign Rela- (a) COLLECTION OF DATA.—Not later than 90 tions of the Senate and the Committee on determines necessary for purposes of sub- days after the date of enactment of this Act, section (d)(1), (d)(3), or (e). Foreign Affairs of the House of Representa- the Secretary of Homeland Security, acting tives on the strategy, including any material (5) SECRETARY.—The term ‘‘Secretary’’ through the National Cybersecurity and means the Secretary of Health and Human contained in a classified annex. Communications Integration Center, in co- Services. SEC. 403. APPREHENSION AND PROSECUTION OF ordination with appropriate Federal entities (b) REPORT.—Not later than 1 year after INTERNATIONAL CYBER CRIMINALS. and the Director for Emergency Communica- (a) INTERNATIONAL CYBER CRIMINAL DE- the date of enactment of this Act, the Sec- tions, shall establish a process by which a retary shall submit, to the Committee on FINED.—In this section, the term ‘‘inter- Statewide Interoperability Coordinator may national cyber criminal’’ means an indi- Health, Education, Labor, and Pensions of report data on any cybersecurity risk or in- the Senate and the Committee on Energy vidual— cident involving any information system or (1) who is believed to have committed a and Commerce of the House of Representa- network used by emergency response pro- tives, a report on the preparedness of the cybercrime or intellectual property crime viders (as defined in section 2 of the Home- against the interests of the United States or health care industry in responding to cyber- land Security Act of 2002 (6 U.S.C. 101)) with- security threats. the citizens of the United States; and in the State. (2) for whom— (c) CONTENTS OF REPORT.—With respect to (b) ANALYSIS OF DATA.—Not later than 1 the internal response of the Department of (A) an arrest warrant has been issued by a year after the date of enactment of this Act, judge in the United States; or Health and Human Services to emerging cy- the Secretary of Homeland Security, acting bersecurity threats, the report shall in- (B) an international wanted notice (com- through the Director of the National Cyber- clude— monly referred to as a ‘‘Red Notice’’) has security and Communications Integration (1) a clear statement of the official within been circulated by Interpol. Center, in coordination with appropriate en- the Department of Health and Human Serv- (b) CONSULTATIONS FOR NONCOOPERATION.— tities and the Director for Emergency Com- ices to be responsible for leading and coordi- The Secretary of State, or designee, shall munications, and in consultation with the nating efforts of the Department regarding consult with the appropriate government of- Director of the National Institute of Stand- cybersecurity threats in the health care in- ficial of each country from which extradition ards and Technology, shall conduct integra- is not likely due to the lack of an extra- tion and analysis of the data reported under dustry; and dition treaty with the United States or other subsection (a) to develop information and (2) a plan from each relevant operating di- reasons, in which one or more international recommendations on security and resilience vision and subdivision of the Department of cyber criminals are physically present, to measures for any information system or net- Health and Human Services on how such di- determine what actions the government of work used by State emergency response pro- vision or subdivision will address cybersecu- such country has taken— viders. rity threats in the health care industry, in- (1) to apprehend and prosecute such crimi- (c) BEST PRACTICES.— cluding a clear delineation of how each such nals; and (1) IN GENERAL.—Using the results of the division or subdivision will divide responsi- (2) to prevent such criminals from carrying integration and analysis conducted under bility among the personnel of such division out cybercrimes or intellectual property subsection (b), and any other relevant infor- or subdivision and communicate with other crimes against the interests of the United mation, the Director of the National Insti- such divisions and subdivisions regarding ef- States or its citizens. tute of Standards and Technology shall, on forts to address such threats. (c) ANNUAL REPORT.— an ongoing basis, facilitate and support the (d) HEALTH CARE INDUSTRY CYBERSECURITY (1) IN GENERAL.—The Secretary of State development of methods for reducing cyber- TASK FORCE.— shall submit to the appropriate congres- security risks to emergency response pro- (1) IN GENERAL.—Not later than 60 days sional committees an annual report that in- viders using the process described in section after the date of enactment of this Act, the cludes— 2(e) of the National Institute of Standards Secretary, in consultation with the Director (A) the number of international cyber and Technology Act (15 U.S.C. 272(e)). of the National Institute of Standards and criminals located in other countries, (2) REPORT.—The Director of the National Technology and the Secretary of Homeland disaggregated by country, and indicating Institute of Standards and Technology shall Security, shall convene health care industry from which countries extradition is not like- submit a report to Congress on the methods stakeholders, cybersecurity experts, and any ly due to the lack of an extradition treaty developed under paragraph (1) and shall Federal agencies or entities the Secretary with the United States or other reasons; make such report publically available on the determines appropriate to establish a task (B) the nature and number of significant website of the National Institute of Stand- force to— discussions by an official of the Department ards and Technology. (A) analyze how industries, other than the of State on ways to thwart or prosecute (d) RULE OF CONSTRUCTION.—Nothing in health care industry, have implemented international cyber criminals with an offi- this section shall be construed to— strategies and safeguards for addressing cy- cial of another country, including the name (1) require a State to report data under bersecurity threats within their respective of each such country; and subsection (a); or industries;

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7533

(B) analyze challenges and barriers private (3) NO LIABILITY FOR NONPARTICIPATION.— (II) digital rights management capabili- entities (notwithstanding section 102(15)(B), Nothing in this title shall be construed to ties. excluding any State, tribal, or local govern- subject a health care organization to liabil- (iii) A description of how the covered agen- ment) in the health care industry face secur- ity for choosing not to engage in the vol- cy is using the capabilities described in ing themselves against cyber attacks; untary activities authorized under this sub- clause (ii). (C) review challenges that covered entities section. (iv) If the covered agency is not utilizing and business associates face in securing SEC. 406. FEDERAL COMPUTER SECURITY. capabilities described in clause (ii), a de- networked medical devices and other soft- (a) DEFINITIONS.—In this section: scription of the reasons for not utilizing such ware or systems that connect to an elec- (1) COVERED SYSTEM.—The term ‘‘covered capabilities. tronic health record; system’’ shall mean a national security sys- (E) A description of the policies and proce- (D) provide the Secretary with information tem as defined in section 11103 of title 40, dures of the covered agency with respect to to disseminate to health care industry stake- United States Code, or a Federal computer ensuring that entities, including contrac- holders for purposes of improving their pre- system that provides access to personally tors, that provide services to the covered paredness for, and response to, cybersecurity identifiable information. agency are implementing the data security threats affecting the health care industry; (2) COVERED AGENCY.—The term ‘‘covered management practices described in subpara- (E) establish a plan for creating a single agency’’ means an agency that operates a graph (D). system for the Federal Government to share covered system. (3) EXISTING REVIEW.—The reports required information on actionable intelligence re- (3) LOGICAL ACCESS CONTROL.—The term under this subsection may be based in whole garding cybersecurity threats to the health ‘‘logical access control’’ means a process of or in part on an audit, evaluation, or report care industry in near real time, requiring no granting or denying specific requests to ob- relating to programs or practices of the cov- fee to the recipients of such information, in- tain and use information and related infor- ered agency, and may be submitted as part of cluding which Federal agency or other entity mation processing services. another report, including the report required may be best suited to be the central conduit (4) MULTI-FACTOR LOGICAL ACCESS CON- under section 3555 of title 44, United States to facilitate the sharing of such information; TROLS.—The term ‘‘multi-factor logical ac- Code. and cess controls’’ means a set of not less than 2 (4) CLASSIFIED INFORMATION.—Reports sub- (F) report to Congress on the findings and of the following logical access controls: mitted under this subsection shall be in un- recommendations of the task force regarding (A) Information that is known to the user, classified form, but may include a classified carrying out subparagraphs (A) through (E). such as a password or personal identification annex. (2) TERMINATION.—The task force estab- number. SEC. 407. STRATEGY TO PROTECT CRITICAL IN- lished under this subsection shall terminate (B) An access device that is provided to the FRASTRUCTURE AT GREATEST RISK. on the date that is 1 year after the date of user, such as a cryptographic identification (a) DEFINITIONS.—In this section: enactment of this Act. device or token. (1) APPROPRIATE AGENCY.—The term ‘‘ap- (3) DISSEMINATION.—Not later than 60 days (C) A unique biometric characteristic of propriate agency’’ means, with respect to a after the termination of the task force estab- the user. covered entity— lished under this subsection, the Secretary (5) PRIVILEGED USER.—The term ‘‘privi- (A) except as provided in subparagraph (B), shall disseminate the information described leged user’’ means a user who, by virtue of the applicable sector-specific agency; or in paragraph (1)(D) to health care industry function or seniority, has been allocated (B) in the case of a covered entity that is stakeholders in accordance with such para- powers within a covered system, which are regulated by a Federal entity, such Federal graph. significantly greater than those available to entity. (4) RULE OF CONSTRUCTION.—Nothing in this the majority of users. (2) APPROPRIATE AGENCY HEAD.—The term subsection shall be construed to limit the (b) INSPECTOR GENERAL REPORTS ON COV- ‘‘appropriate agency head’’ means, with re- antitrust exemption under section 104(e) or ERED SYSTEMS.— spect to a covered entity, the head of the ap- the protection from liability under section (1) IN GENERAL.—Not later than 240 days propriate agency. 106. after the date of enactment of this Act, the (3) COVERED ENTITY.—The term ‘‘covered (e) CYBERSECURITY FRAMEWORK.— Inspector General of each covered agency entity’’ means an entity identified pursuant (1) IN GENERAL.—The Secretary shall estab- shall submit to the appropriate committees to section 9(a) of Executive Order 13636 of lish, through a collaborative process with of jurisdiction in the Senate and the House February 12, 2013 (78 Fed. Reg. 11742), relat- the Secretary of Homeland Security, health of Representatives a report, which shall in- ing to identification of critical infrastruc- care industry stakeholders, the National In- clude information collected from the covered ture where a cybersecurity incident could stitute of Standards and Technology, and agency for the contents described in para- reasonably result in catastrophic regional or any Federal agency or entity the Secretary graph (2) regarding the Federal computer national effects on public health or safety, determines appropriate, a single, voluntary, systems of the covered agency. economic security, or national security. national health-specific cybersecurity frame- (2) CONTENTS.—The report submitted by (4) APPROPRIATE CONGRESSIONAL COMMIT- work that— each Inspector General of a covered agency TEES.—The term ‘‘appropriate congressional (A) establishes a common set of voluntary, under paragraph (1) shall include, with re- committees’’ means— consensus-based, and industry-led standards, spect to the covered agency, the following: (A) the Select Committee on Intelligence security practices, guidelines, methodolo- (A) A description of the logical access of the Senate; gies, procedures, and processes that serve as standards used by the covered agency to ac- (B) the Permanent Select Committee on a resource for cost-effectively reducing cy- cess a covered system, including— Intelligence of the House of Representatives; bersecurity risks for a range of health care (i) in aggregate, a list and description of (C) the Committee on Homeland Security organizations; logical access controls used to access such a and Governmental Affairs of the Senate; (B) supports voluntary adoption and imple- covered system; and (D) the Committee on Homeland Security mentation efforts to improve safeguards to (ii) whether the covered agency is using of the House of Representatives; address cybersecurity threats; multi-factor logical access controls to access (E) the Committee on Energy and Natural (C) is consistent with the security and pri- such a covered system. Resources of the Senate; vacy regulations promulgated under section (B) A description of the logical access con- (F) the Committee on Energy and Com- 264(c) of the Health Insurance Portability trols used by the covered agency to govern merce of the House of Representatives; and and Accountability Act of 1996 (42 U.S.C. access to covered systems by privileged (G) the Committee on Commerce, Science, 1320d–2 note) and with the Health Informa- users. and Transportation of the Senate. tion Technology for Economic and Clinical (C) If the covered agency does not use log- (5) SECRETARY.—The term ‘‘Secretary’’ Health Act (title XIII of division A, and title ical access controls or multi-factor logical means the Secretary of the Department of IV of division B, of Public Law 111–5), and access controls to access a covered system, a Homeland Security. the amendments made by such Act; and description of the reasons for not using such (b) STATUS OF EXISTING CYBER INCIDENT (D) is updated on a regular basis and appli- logical access controls or multi-factor log- REPORTING.— cable to the range of health care organiza- ical access controls. (1) IN GENERAL.—No later than 120 days tions described in subparagraph (A). (D) A description of the following data se- after the date of the enactment of this Act, (2) LIMITATION.—Nothing in this subsection curity management practices used by the the Secretary, in conjunction with the ap- shall be interpreted as granting the Sec- covered agency: propriate agency head (as the case may be), retary authority to— (i) The policies and procedures followed to shall submit to the appropriate congres- (A) provide for audits to ensure that health conduct inventories of the software present sional committees describing the extent to care organizations are in compliance with on the covered systems of the covered agen- which each covered entity reports significant the voluntary framework under this sub- cy and the licenses associated with such soft- intrusions of information systems essential section; or ware. to the operation of critical infrastructure to (B) mandate, direct, or condition the award (ii) What capabilities the covered agency the Department of Homeland Security or the of any Federal grant, contract, or purchase utilizes to monitor and detect exfiltration appropriate agency head in a timely manner. on compliance with such voluntary frame- and other threats, including— (2) FORM.—The report submitted under work. (I) data loss prevention capabilities; or paragraph (1) may include a classified annex.

VerDate Sep 11 2014 02:34 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7534 CONGRESSIONAL RECORD — SENATE October 27, 2015 (c) MITIGATION STRATEGY REQUIRED FOR Last week I submitted a resolution Next, I recognize the contributions of CRITICAL INFRASTRUCTURE AT GREATEST to commemorate the goals and ideals the talented staff at the 56 State and RISK.— of National Domestic Violence Aware- territorial domestic violence coalitions (1) IN GENERAL.—No later than 180 days ness Month, which takes place each Oc- around the country and the globe. after the date of the enactment of this Act, the Secretary, in conjunction with the ap- tober. I thank Senators LEAHY, These individuals also help respond to propriate agency head (as the case may be), AYOTTE, and KLOBUCHAR for joining me the needs of battered men, women, and shall conduct an assessment and develop a as original cosponsors of this measure. children, typically by offering their ex- strategy that addresses each of the covered I have met with many domestic vio- pertise and technical support to local entities, to ensure that, to the greatest ex- lence victims over the years. We have domestic violence programs in each tent feasible, a cyber security incident af- come a long way since the enactment and every State and territory. In my fecting such entity would no longer reason- in 1984, with my support, of the land- home State, for example, the Iowa ably result in catastrophic regional or na- mark Family Violence Prevention and State Coalition Against Domestic Vio- tional effects on public health or safety, eco- nomic security, or national security. Services Act. lence has, since way back in 1985, con- (2) ELEMENTS.—The strategy submitted by In the decades since then, Congress nected local service providers to vi- the Secretary with respect to a covered enti- has committed billions of dollars to tally important training and other re- ty shall include the following: implement that statute, as well as the sources that exist to support Iowa sur- (A) An assessment of whether each entity Violence Against Women Act, and we vivors. should be required to report cyber security have seen a decline in the rate of seri- We cannot commemorate Domestic incidents. ous partner violence over the last two Violence Awareness Month without (B) A description of any identified security decades, according to the Congres- also mentioning the police officers who gaps that must be addressed. sional Research Service. (C) Additional statutory authority nec- are on the front lines in the effort to essary to reduce the likelihood that a cyber But researchers and advocates who protect crime victims and to prevent incident could cause catastrophic regional or work with domestic violence survivors abuse in the first place. Domestic vio- national effects on public health or safety, remind us that there is still much work lence calls can present lethal risks for economic security, or national security. to be done to stop this terrible crime officers, and we mourn those who have (3) SUBMITTAL.—The Secretary shall sub- and support survivors in their efforts lost their lives while responding to mit to the appropriate congressional com- to heal. It is estimated that as many as such domestic violence incidents. We mittees the assessment and strategy re- 9 million Americans are physically know, too, that in recent decades the quired by paragraph (1). abused by a partner every year. law enforcement approach to these in- (4) FORM.—The assessment and strategy According to a 2011 survey by the submitted under paragraph (3) may each in- stances has changed to reflect the lat- clude a classified annex. Centers for Disease Control and Pre- est research, and we applaud those po- vention, about 22 percent of women and SEC. 408. STOPPING THE FRAUDULENT SALE OF lice agencies that continue to update FINANCIAL INFORMATION OF PEO- about 14 percent of men have experi- and improve their domestic violence PLE OF THE UNITED STATES. enced severe physical abuse by a part- policies. Section 1029(h) of title 18, United States ner in their lifetime. I also recognize those who operate Code, is amended by striking ‘‘title if—’’ and Experts tell us that domestic vio- the Nation’s domestic violence shelters all that follows through ‘‘therefrom.’’ and in- lence affects women, men, and children that meet the emergency housing serting ‘‘title if the offense involves an ac- of every age and socioeconomic class, cess device issued, owned, managed, or con- needs of thousands of adults and chil- trolled by a financial institution, account but we also know that women still ex- dren each day or millions of Americans issuer, credit card system member, or other perience more domestic violence than each year. Last but not least, I want to entity organized under the laws of the do men, and women are significantly highlight the hard work of the staff at United States, or any State, the District of more likely to be injured in an assault charities and agencies across the Na- Columbia, or other Territory of the United by a partner or a spouse. tion that are devoted to helping domes- States.’’. According to the Justice Depart- tic violence survivors achieve financial SEC. 409. EFFECTIVE PERIOD. ment’s Bureau of Justice Statistics, independence, obtain legal assistance, (a) IN GENERAL.—Except as provided in women between the ages of 18 and 31 and most importantly overcome the subsection (b), this Act and the amendments experience the highest rates of domes- detrimental emotional and physical ef- made by this Act shall be in effect during the tic violence. Most have been victimized fects of abuse. 10-year period beginning on the date of the by the same offender on at least one enactment of this Act. As I close, I urge my colleagues to (b) EXCEPTION.—With respect to any action prior occasion. And, of course, it is support the adoption of this important authorized by this Act or information ob- heartbreaking to realize that millions resolution. With its adoption, we dem- tained pursuant to an action authorized by of American children have been ex- onstrate the Senate supports the goals this Act, which occurred before the date on posed to domestic violence, either by and ideals of National Domestic Vio- which the provisions referred to in sub- experiencing some form of abuse or lence Awareness Month. section (a) cease to have effect, the provi- witnessing a family member’s abuse. I yield the floor. sions of this Act shall continue in effect. The good news is that each and every The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The ma- day, in communities across the Nation, PERDUE). The Senator from Rhode Is- jority leader. there are victim advocates, service pro- land. f viders, crisis hotline staff and volun- Mr. WHITEHOUSE. Mr. President, I teers, as well as first responders who ask unanimous consent to speak for up MORNING BUSINESS are working tirelessly to extend com- to 20 minutes in morning business. Mr. MCCONNELL. Madam President, passionate service to the survivors of The PRESIDING OFFICER. Without I ask unanimous consent that the Sen- domestic violence. I wish to take this objection, it is so ordered. ate be in a period of morning business, opportunity to single out some of these f with Senators permitted to speak folks and extend a special thank-you therein for up to 10 minutes each. on behalf of the Senate. CLIMATE CHANGE The PRESIDING OFFICER. Without First, I highlight the hard work of Mr. WHITEHOUSE. Mr. President, objection, it is so ordered. trained volunteers and staff who oper- there has been some activity on the The Senator from Iowa. ate crisis hotlines across the country. Senate floor today regarding the Presi- f They are a varied and talented group of dent’s Clean Power Plan, with fossil individuals who, often at low or no pay, fuel State representatives coming to NATIONAL DOMESTIC VIOLENCE make confidential support, informa- decry that plan. I would simply note AWARENESS MONTH tion, and referrals available to victims, that on October 22, in the Wall Street Mr. GRASSLEY. Madam President, I as well as their friends and families, Journal, many of the leaders of Amer- think we have clearance on a non- each and every day. We appreciate ica’s national security took out an ad- controversial resolution that is going their efforts to help countless men, vertisement to say: ‘‘Republicans & to pass yet this evening, and I rise for women, and children escape abusive Democrats Agree: U.S. Security De- about 5 minutes to speak on this issue. situations. mands Global Climate Action.’’

VerDate Sep 11 2014 07:07 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.031 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7535 We have had generals and admirals, et. There was already Exxon’s own in- will continue on the significance of former National Security Advisers and ternal research that showed carbon natural and anthropogenic contribu- Directors of National Intelligence, Sec- emissions were warming the planet, tions.’’ The climate denial coming out retaries of the Treasury, Secretaries of and it has gone forward to now with of ALEC is so egregious even Shell Oil Defense, Directors of the Central Intel- the latest report from the Intergovern- left the group this summer. ligence Agency, Chairman of the Na- mental Panel on Climate Change stat- Don’t forget the paid-for scientists. tional Intelligence Council, Governors, ing that ‘‘warming of the climate sys- The Exxon network includes Willie Senators, Under Secretaries of State, tem is unequivocal.’’ Unequivocal. Soon, whose work consistently many Republicans all saying this is im- The current ExxonMobil CEO, Rex downplayed the role of carbon pollu- portant; that it is time for America to Tillerson, still emphasizes uncertainty tion in climate change. Well, investiga- lead. And what do we get? We get com- and goes out of his way to overesti- tive reporting revealed Dr. Soon re- plaints about America leading. mate the costs of taking action. In ceived more than $1.2 million from oil If my friends have a better idea than 2013, he asked: ‘‘What good is it to save and coal interests, including the Clean Power Plan, I would be glad the planet if humanity suffers?’’ All ExxonMobil, over the last decade. to listen. I am sure we would all be right, someone needs to explain to me So the cat is out of the bag now, and glad to listen. What is it? What is the how if we fail to save the planet, hu- all the bad press has got Exxon a little other plan? Because if you have noth- manity does not suffer. I guess it is jumpy. Exxon’s VP of Public Affairs, ing, then you really don’t have a seat Exxon’s position that we only suffer if Ken Cohen, took to Exxon’s blog to at the table and you certainly don’t we try to save the planet. proclaim that his company has a legiti- have occasion to criticize what the At this year’s annual shareholders mate history when it comes to climate. President is trying to do. Show us meeting, Mr. Tillerson argued that the ‘‘Our scientists have been involved in something—anything. What have you world needs to wait—that is always climate research and related policy got? Where is the Republican bill that their argument, the world needs to analysis for more than 30 years, yield- even talks about climate change—let wait—for the science to improve—un- ing more than 50 papers in peer-re- alone does anything serious about it. equivocal is evidently not enough—and viewed publications,’’ he said. He goes It is truly time for this body to wake to look for solutions to the effects of on to say that Exxon has been involved up and not just wake up to climate climate change as they become more with the U.N. IPCC, the National Acad- change but also to the decades-long clear—more clear. emy of Science’s National Climate As- purposeful corporate smokescreens of Our oceans are clearly warming and sessment, and that Exxon funds legiti- misleading statements from the fossil acidifying, and this has been clearly mate scientists at major universities fuel industry and its allies on the dan- measured. Atmospheric carbon is clear- as they research energy and climate. gers of carbon pollution. So I am here ly higher than ever in our species’ his- Right. The problem is that is only for the 116th time seeking an open, tory on this planet, and this has been half the story. That is the half of the honest, and factual debate in Congress clearly measured. In Rhode Island, we story that shows Exxon knew better. about global climate change. have measured nearly 10 inches of sea What is the rest of the story? Decades The energy industry’s top dog, level rise since the 1930s, right on our of funding to a network of front groups ExxonMobil—No. 2 for both revenue shores. What is not clear? that led a PR campaign designed to un- and profits among the Fortune 500 of While Exxon was peddling climate dercut climate science and prevent le- companies—has been getting some bad denial here in Washington, the L.A. gitimate action on climate change. For press lately. Two independent inves- Times reports, they were using climate decades, Exxon invested in legitimate tigative reports from InsideClimate models to plan operations in the warm- climate research, you say? That is the News and the Los Angeles Times re- ing Arctic. Between 1986 and 1992, proof of actual knowledge. That makes vealed that Exxon’s own scientists un- Exxon’s senior ice researcher, Ken the route they chose of denial and derstood as far back as the late 1970s Croasdale, and others studied the ef- delay all the more culpable, and that the effects of carbon pollution on the fects global warming would have on denial and delay, as Paul Harvey would climate and warned company execu- Arctic oil operations and reported back say, is the rest of the story. tives of the potential outcomes for the to Exxon brass. They knew melting ice What are Tillerson and ExxonMobil planet and humankind, but Exxon’s would lower exploration and develop- waiting for? Why this campaign of de- own internal report also recognized ment costs. They also knew higher seas ceit, denial, and delay? Sadly, it is our heading off global warming ‘‘would re- and thawing permafrost would threat- American system of big business and quire major reductions in fossil fuel en the company’s ships, drilling plat- paid-for politics—just follow the combustion.’’ forms, processing plants, and pipelines. money. So what did this fossil fuel company So Exxon was challenging the cli- Exxon foists the costs of its carbon do? Rather than behave responsibly, mate models publicly while it was pollution on the rest of us—on our chil- rather than face up to that truth, rath- using them privately to guide its own dren, on our grandchildren—and all the er than lead an effort to stave off cata- investment decisions. Exxon under- while they make staggering amounts of strophic emerging changes to the cli- stood the dangers, but instead of money. And Congress, funded by their mate and the oceans, what Exxon chose sounding the alarm or trying to help, lobbyists, sleeps placidly at the switch. to do was to fund and participate in a they chose to sow doubt. Exxon even fights to protect their massive misinformation campaign to Then there are the Exxon front status quo with their own shareholders. protect their business model and their groups. A study out just last month in The Institute for Policy Studies re- bottom line. the peer-reviewed journal Climatic ports that shareholders of ExxonMobil This started right at the top. Exxon’s Change says that ExxonMobil paid over have introduced 62 climate-related res- former chairman and CEO Lee Ray- $16 million between 1988 and 2005 to a olutions over the past 25 years, and all mond repeatedly and publicly ques- network of phony-baloney think tanks of them have been opposed by manage- tioned the science behind climate and psuedoscience groups that spread ment. Rex Tillerson, who made $21.4 change, notwithstanding what his own misleading claims about climate million in stock-based pay in 2014, has scientists had said. ‘‘Currently,’’ Ray- science. The company’s network in- openly mocked a shareholder who mond claimed in a 1996 speech before cludes organizations that name them- asked about investing in renewables. the Economic Club of Detroit—20 years selves after John Locke, James Madi- This is rich. Tillerson responded that after this work by his own scientists— son, Benjamin Franklin, and even renewable energy ‘‘only survives on the ‘‘the scientific evidence is inclusive as George C. Marshall. It also includes the backs of enormous government man- to whether human activities are having American Legislative Exchange Coun- dates that are not sustainable. We on a significant effect on the global cli- cil, or ALEC, which pedals anti-climate purpose choose not to lose money.’’ mate.’’ legislation in State legislatures. ALEC Well, ExxonMobil spends huge There was already an emerging inter- denies the human contribution to cli- amounts of money on the complex PR national consensus that unchecked car- mate change by calling it a ‘‘historical machine to churn out doubt about the bon emissions were warming the plan- phenomenon,’’ asserting ‘‘the debate real science in order to protect the

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.059 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7536 CONGRESSIONAL RECORD — SENATE October 27, 2015 market subsidy that ignores the costs phisticated public relations campaign to at- ing too many tests. But I hope the of Exxon’s carbon pollution and makes tack and distort the scientific evidence dem- President will stop and think before clean energy face an uphill battle. So it onstrating the relationship between smoking trying to cure overtesting by telling is really kind of nervy to say that and disease, claiming that the link between teachers exactly how much time to the two was still an ‘‘open question.’’ clean energy survives on the backs of Defendants knew there was a consensus in spend on testing or what the tests enormous government subsidies when the scientific community that smoking should be. Classroom teachers know oil gets the biggest subsidies ever. caused lung cancer and other diseases. De- better than Washington how to assess Things could have been different. spite that fact, they publicly insisted that their students’ progress. They also Exxon could have heeded the warnings there was a scientific controversy and dis- know that the real reason we have too of its own scientists and helped us puted scientific findings linking smoking many tests is that there are too many make a transition to clean energy. It is and disease knowing their assertions were Federal mandates that put high stakes happening now without them. The false. on student test results and that one International Energy Agency found Now, let’s read that exact same lan- more Washington decree—even if it is that the cost of generating electricity guage back but apply it to climate. only a recommendation for now—is not from renewable sources dropped from Each and every one of these Defendants re- the way to solve the problem of too $500 a megawatt hour in 2010 to $200 in peatedly, consistently, vigorously—and many Federal mandates. 2015. Imagine if we had rolled up our falsely—denied the existence of any adverse Instead, the best way to fix over- [climate] effects from [carbon pollution]. testing is to get rid of the Federal sleeves and gotten to work way back Moreover, they mounted a coordinated, well- when Exxon first learned of the dan- mandates that are causing the prob- financed, sophisticated public relations cam- lem. That is precisely what the Senate gers of carbon pollution. Imagine the paign to attack and distort the scientific evi- leadership that company could have dence demonstrating the relationship be- did when it passed by an overwhelming shown. Imagine how much of the com- tween [carbon pollution] and [climate], bipartisan majority, 81 to 17, legisla- ing climate and ocean changes we claiming that the link between the two was tion to fix No Child Left Behind and could have avoided. But they didn’t, still an ‘‘open question.’’ give more flexibility to States and to and the time of reckoning may now be Defendants knew there was a consensus in classroom teachers to decide which the scientific community that [carbon pollu- upon the likes of Exxon and others in tests will decide what progress stu- tion] caused [climate change] and other dents are making in the classroom. the fossil fuel industry. That PR ma- [harms]. Despite that fact, they publicly in- No Child Left Behind, a Federal law chine may end up costing the company sisted that there was a scientific controversy enacted in 2001, requires students to a lot. Look at what happened to big to- and disputed scientific findings linking [car- take 17 standardized tests over the bacco. bon pollution] and [climate] knowing their assertions were false. course of their education, kindergarten Two weeks ago, Congressmen TED through the 12th grade. It then uses Just change the words, and there is LIEU and MARK DESAULNIER sent a let- those tests to decide whether schools her judgment against the tobacco in- ter to Attorney General Loretta Lynch and teachers are succeeding or failing. regarding these newly reported allega- dustry, and it plainly applies to cli- In the Senate’s work to fix No Child tions that ExxonMobil intentionally mate denial. Left Behind, no issue stirred as much hid the truth about the role of fossil The investigative journalism from controversy as these high-stakes tests. fuels in influencing climate change. InsideClimate News and the Los Ange- At first, I was among those who ‘‘The apparent tactics employed by les Times is damning. The calls for thought the best way to fix overtesting Exxon are reminiscent of the actions greater scrutiny of ExxonMobil and the might be to get rid of the 17 Federal employed by big tobacco companies to fossil fuel industry are mounting, and tests. But the more we studied the deceive the American people about the the phony-baloney denial network is up problem, the more the issues seemed known risks of tobacco.’’ in arms, trying to shovel this campaign not to be the 17 Federal tests but the Last week, my friend, the junior Sen- under the protection of the First federally designed system of rewarding ator from Vermont, joined in the call Amendment. Sorry, guys, the First and punishing schools and teachers for the Attorney General to bring a Amendment doesn’t protect fraud. that was attached to the tests. civil RICO investigation into big fossil Describing Caesar at the Battle of A third grader, for example, is re- fuel. ‘‘These reports, if true,’’ reads Monda, Napoleon said: ‘‘There is a mo- quired to take only one test in math Senator SANDERS’ letter to Attorney ment in combat when the slightest ma- and one in reading. Each of those tests General Lynch, ‘‘raise serious allega- neuver is decisive and gives superi- probably takes 1 or 2 hours, according tions of a misinformation campaign ority; it is the drop of water that starts to testimony before our committee. that may have caused public harm the overflow.’’ But here is the problem: The results of similar to the tobacco industry’s ac- Is the tide turning? Is this the deci- these tests count so much in the feder- tions—conduct that led to federal rack- sive moment? Despite documented ally mandated accountability system eteering convictions’’—actually, a warnings from their own scientists dat- that States and school districts are judgment. It was civil. But it is other- ing from the 1970s, ExxonMobil and giving students dozens of additional wise accurate. others pursued a campaign of deceit, tests to prepare for the Federal tests. Also last week, Sharon Eubanks, the denial, and delay. They may soon have A new survey says students in big- former U.S. Department of Justice at- to face the consequences. In any event, city schools will take, on average, 112 torney who actually brought the civil history will not look kindly on their mandatory standardized tests between action and won the civil RICO case choice. prekindergarten and high school grad- against the tobacco industry, said that, I yield the floor. uation. That is eight tests a year. One considering recent revelations regard- The PRESIDING OFFICER. The Sen- Florida study showed that a Fort ing ExxonMobil, the Department of ator from Tennessee. Myers school district gave more than Justice should consider launching an f 160 tests to its students. Only 17 of those are federally required. investigation into big fossil fuel com- NO CHILD LEFT BEHIND REFORM panies—that it ‘‘is plausible and should So after hearing this, the Senate de- be considered.’’ That was her quote. Mr. ALEXANDER. Mr. President, cided to keep the federally required 17 Let me show why it is plausible and over the weekend President Obama an- tests. That is two annual tests in read- should be considered. Let me read from nounced that all 100,000 public schools ing and math in grades 3 through 8 and U.S. District Judge Gladys Kessler’s across the Nation should limit testing once in high school, as well as science description of the culpable conduct in to 2 percent of a student’s time in the tests given three times between grades her decision in the government’s rack- classroom. It is a recommendation, not 3 and 12. We also kept the practice of eteering case against Big Tobacco: a requirement, and it comes in re- reporting results publicly so parents sponse to a nationwide backlash from Each and every one of these Defendants re- and teachers know how their children peatedly, consistently, vigorously—and teachers, students, and parents who are are performing. These results are falsely—denied the existence of any adverse sick of overtesting. disaggregated, so we know how stu- health effects from smoking. Moreover, they I was glad to see the President’s com- dents are doing based upon their gen- mounted a coordinated, well-financed, so- ments. He is right about students tak- der, their ethnicity or their disability.

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.061 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7537 Then, to discourage overtesting, we re- members of this year’s delegation: Jo- of spending and revenues with the stored to States and classroom teach- seph DeMott, a U.S. Army Air Corps amounts provided in the conference re- ers the responsibility for deciding how veteran from Litiz, PA; Arthur port to accompany S. Con. Res. 11, the to use these Federal test scores to Gruenberg, a U.S. Marine Corps vet- budget resolution for fiscal year 2016. measure achievement. eran from Camano Island, WA; George This information is necessary to deter- The Senate bill ends the high-stakes, Hirschkamp, a U.S. Marine Corps vet- mine whether budget points of order lie Washington-designed, test-based ac- eran from Sandpoint, ID; George Rod- against pending legislation. It has been countability system that has caused gers, a U.S. Army veteran from Lynch- prepared by the Republican staff of the the explosion of tests in our local burg, VA; Jack Warner, a U.S. Marine Senate Budget Committee and the Con- schools. The Senate bill reverses the Corps veteran from Elk City, OK; and gressional Budget Office, CBO, pursu- trend toward a national school board. Clifford Warren, a U.S. Army veteran ant to section 308(b) of the Congres- I am glad to see President Obama’s from Shepherd, TX. sional Budget Act. focus on overtesting, but let’s not I would also like to recognize three This is the third report I have made make the same mistake twice by de- members of the delegation who are my since adoption of the fiscal year 2016 creeing from Washington exactly how constituents: Leland Chandler, a U.S. budget resolution on May 5, 2015. My much time to spend on tests or what Army veteran from Galesburg, IL; Wil- last filing can be found in the CONGRES- the tests should be. States and 3 mil- liam Chittenden, a U.S. Marine Corps SIONAL RECORD on September 10, 2015. lion teachers in 100,000 public schools veteran from Wheaton, IL; and Carl The information contained in this re- are in the best position to know what Dyer, a U.S. Army veteran from port is current through October 26, to do about overtesting our children. Oglesby, IL. 2015. Both the Senate and the House of I am so grateful to all of these par- Table 1 gives the amount by which Representatives have now passed simi- ticipants for their years of service to each Senate authorizing committee is below or exceeds its allocation under lar bills to fix No Child Left Behind our Nation. the budget resolution. This informa- and to reduce the Federal mandates The delegation was accompanied by tion is used for enforcing committee that are the real cause of overtesting. Jan Thompson, another Illinois con- allocations pursuant to section 302 of The best way to have fewer and better stituent and a documentary filmmaker the Congressional Budget Act of 1974, tests in America’s classrooms is for and daughter of a World War II veteran CBA. For fiscal year 2015, which ended Congress to finish its work and the who was himself a POW in Japan. on September 30, 2015, Senate author- President to sign our legislation before Thompson also heads the nonprofit vet- izing committees have increased direct the end of the year. erans organization American Defenders spending outlays by $7.8 billion more I yield the floor. of Bataan & Corregidor Memorial Soci- than the agreed upon spending levels. I suggest the absence of a quorum. ety. Over the fiscal year 2016–2025 period, The PRESIDING OFFICER. The The Japanese POW Friendship Pro- which is the entire period covered by S. clerk will call the roll. gram and the American veterans who Con. Res. 11, Senate authorizing com- The bill clerk proceeded to call the participate in it represent the trans- mittees have spent $2.2 billion less roll. formation and strength of the U.S.- than the budget resolution calls for. Mr. MCCONNELL. Mr. President, I Japan relationship. I hope this pro- Table 2 gives the amount by which ask unanimous consent that the order gram continues to bring together our the Senate Committee on Appropria- for the quorum call be rescinded. two nations in remembrance and rec- tions is below or exceeds the statutory The PRESIDING OFFICER. Without onciliation. spending limits. This information is objection, it is so ordered. f used to determine points of order re- f BUDGETARY REVISIONS lated to the spending caps found in sec- tion 312 and section 314 of the CBA. JAPANESE POW FRIENDSHIP Mr. ENZI. Mr. President, section 4380 PROGRAM While no full-year appropriations bills of S. Con. Res. 11, the concurrent reso- have been enacted for fiscal year 2016, Mr. DURBIN. Mr. President, I would lution on the budget for fiscal year subcommittees are charged with per- like to take a moment to call attention 2016, allows the chairman of the Senate manent and advanced appropriations to a group of our Nation’s veterans who Budget Committee to revise the alloca- that first become available in that participated in a reconciliation pro- tions, aggregates, and levels in the year. gram with the Japanese Government. budget resolution for legislation that Table 3 gives the amount by which From October 11 to October 19, nine increases sharing of cyber security the Senate Committee on Appropria- veterans of the U.S. Army, U.S. Army threat information while protecting in- tions is below or exceeds its allocation Air Corps, and the U.S. Marines who dividual privacy and civil liberties in- for overseas contingency operations/ fought bravely in the Pacific theater of terests. The authority to adjust is con- global war on terrorism, OCO/GWOT, World War II and were taken prisoner tingent on the legislation not increas- spending. This separate allocation for by Japanese forces traveled to Japan. ing the deficit over either the period of OCO/GWOT was established in section They were guests of the Japanese Gov- the total of fiscal years 2016–2020 or the 3102 of S. Con. Res. 11 and is enforced ernment on a trip of reconciliation and period of the total of fiscal years 2016– using section 302 of the CBA. No bills remembrance. 2025. providing funds with the OCO/GWOT Established in 2010, this was the sixth I find that S. 754, as amended, fulfills designation on a full-year basis have Japanese POW Friendship Program del- the conditions of deficit neutrality been enacted thus far for fiscal year egation. This program is sponsored by found in section 4380 of S. Con. Res. 11. 2016. the Japanese Ministry of Foreign Af- Accordingly, I am revising the alloca- The budget resolution established fairs for World War II POWs from the tion to the Select Committee on Intel- two new points of order limiting the United States, with Japan running ligence and the budgetary aggregates use of changes in mandatory programs similar friendship programs with Aus- to account for the budget effects of the in appropriations bills, CHIMPS. Ta- tralia and Britain. amendment. As the budgetary effects bles 4 and 5 show compliance with fis- More than 30,000 Allied troops were of S. 754, as amended, are insignificant cal year 2016 limits for overall CHIMPS taken prisoner in Japan, many of them under our accounting methods, budg- and the Crime Victims Fund CHIMP, Americans who faced horrific ordeals. etary figures remain numerically un- respectively. This information is used Today, 70 years following the end of changed. for determining points of order under World War II, this program reflects the f section 3103 and section 3104, respec- journey of forgiveness and resolution tively. No full-year bills have been en- between the United States and Japan, BUDGET SCOREKEEPING REPORT acted thus far for fiscal year 2016 that as our relationship has developed into Mr. ENZI. Mr. President, I wish to include CHIMPS. one of the most critical in the region. submit to the Senate the budget In addition to the tables provided by I would like to take a moment to ac- scorekeeping report for October 2015. the Senate Budget Committee Repub- knowledge the veterans who were The report compares current law levels lican staff, I am submitting additional

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.062 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7538 CONGRESSIONAL RECORD — SENATE October 27, 2015 tables from CBO that I will use for en- TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- forcement of budget levels agreed to by DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL the Congress. RESOLUTIONS—Continued WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS CBO provided a report for both fiscal (In millions of dollars) (In millions of dollars) year 2015 and fiscal year 2016. This in- formation is used to enforce aggregate 2016– 2016– 2016 2015 2016 2020 2025 spending levels in budget resolutions BA OT under section 311 of the CBA. CBO’s es- Outlays ...... 229 0 0 0 timates show that current law levels of Armed Services OCO/GWOT Allocation 1 ...... 96,287 48,798 Budget Authority ...... ¥15 0 0 0 Amount Provided by Senate Appropriations Subcommittee spending for fiscal year 2015 exceed the Outlays ...... 0 0 0 0 Agriculture, Rural Development, and amounts in the deemed budget resolu- Banking, Housing, and Urban Related Agencies ...... 0 0 tion enacted in the BBA by $8.0 billion Affairs Commerce, Justice, Science, and Re- Budget Authority ...... 121 0 0 0 lated Agencies ...... 0 0 in budget authority and $1.0 billion in Outlays ...... 121 0 0 0 Defense ...... 0 0 outlays. Revenues are $79.8 billion Commerce, Science, and Energy and Water Development ...... 0 0 below the revenue floor for fiscal year Transportation Financial Services and General Govern- Budget Authority ...... 0 130 650 1,300 ment ...... 0 0 2015 set by the deemed budget resolu- Outlays ...... 0 0 0 0 Homeland Security ...... 0 0 tion. As well, Social Security outlays Energy and Natural Resources Interior, Environment, and Related are at the levels assumed for fiscal Budget Authority...... 0 0 0 0 Agencies ...... 0 0 Outlays ...... ¥2 0 0 0 Labor, Health and Human Services, year 2015, while Social Security reve- Environment and Public Works Education and Related Agencies ..... 0 0 nues are $170 million above levels in Budget Authority...... 0 0 0 ¥3,160 Legislative Branch ...... 0 0 Outlays ...... 0 0 0 ¥3,160 Military Construction and Veterans Af- the deemed budget. This will be CBO’s Finance fairs, and Related Agencies ...... 0 0 final report to the Senate Budget Com- Budget Authority ...... 7,322 5 13 28 State, Foreign Operations, and Related mittee for fiscal year 2015, as the fiscal Outlays ...... 7,288 5 13 28 Programs ...... 0 0 Foreign Relations Transportation and Housing and Urban year is now closed. Budget Authority ...... ¥20 0 0 0 Development, and Related Agencies 0 0 For fiscal year 2016, CBO annualizes Outlays ...... ¥20 0 0 0 the effects of the Continuing Appro- Homeland Security and Gov- Current Level Total ...... 0 0 ernmental Affairs Total OCO/GWOT Spending vs. priations Act, P.L. 114–53, which pro- Budget Authority...... 0 0 0 0 Budget Resolution ...... ¥96,287 ¥48,798 vides funding through December 11, Outlays ...... 0 0 0 0 Judiciary BA = Budget Authority; OT = Outlays 2015. For the enforcement of budgetary 1 Budget Authority...... 0 0 1 2 This allocation may be adjusted by the Chairman of the Budget Com- aggregates, the Senate Budget Com- mittee to account for new information, pursuant to section 3102 of S. Con. Outlays ...... 0 0 1 2 Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. mittee excludes this temporary fund- Health, Education, Labor, and ing. As such, the committee views cur- Pensions Budget Authority ...... 3 0 208 278 TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- rent law levels as being $885.9 billion Outlays ...... 1 0 208 278 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS and $526.4 billion below budget resolu- Rules and Administration (CHIMPS) tion levels for budget authority and Budget Authority...... 0 0 0 0 Outlays ...... 0 0 0 0 (Budget authority, millions of dollars) outlays, respectively. Revenues are Intelligence $144 million above the level assumed in Budget Authority...... 0 0 0 0 2016 the budget resolution. Finally, Social Outlays ...... 0 0 0 0 Security outlays are at the levels as- Veterans’ Affairs CHIMPS Limit for Fiscal Year 2016 ...... 19,100 Budget Authority ...... 0 ¥2 ¥1 ¥1 Senate Appropriations Subcommittees sumed in the budget resolution for fis- Outlays ...... 150 388 644 644 Agriculture, Rural Development, and Related Agencies 0 cal year 2016, while Social Security Indian Affairs Budget Authority...... 0 0 0 0 Commerce, Justice, Science, and Related Agencies ...... 0 revenues are $18 million above assumed Outlays ...... 0 0 0 0 Defense ...... 0 levels for the budget year. Small Business Energy and Water Development ...... 0 CBO’s report also provides informa- Budget Authority...... 0 0 0 0 Financial Services and General Government ...... 0 Outlays ...... 0 0 0 0 Homeland Security ...... 0 tion needed to enforce the Senate’s Interior, Environment, and Related Agencies ...... 0 pay-as-you-go rule. The Senate’s pay- Total Labor, Health and Human Services, Education and as-you-go scorecard currently shows Budget Authority ... 7,665 133 871 ¥1,553 Related Agencies ...... 0 Outlays ...... 7,767 393 866 ¥2,208 Legislative Branch ...... 0 deficit reduction of $1.4 billion over the Military Construction and Veterans Affairs, and Related fiscal year 2015–2020 period and $6.1 bil- Agencies ...... 0 TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— State, Foreign Operations, and Related Programs ...... 0 lion over the fiscal year 2015–2025 pe- Transportation and Housing and Urban Development, riod. Over the initial 6-year period, ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 and Related Agencies ...... 0 Congress has enacted legislation that (Budget authority, in millions of dollars) Current Level Total ...... 0 would increase revenues by $4.1 billion Total CHIMPS Above (+) or Below (¥) Budget and increase outlays by $2.7 billion. 2016 Resolution ...... ¥19,100 Over the 11-year period, Congress has Security 2 Nonsecurity 2 enacted legislation that would reduce Statutory Discretionary Limits ...... 523,091 493,491 TABLE 5.—SENATE APPROPRIATIONS COMMITTEE—EN- revenues by $1.3 billion and decrease Amount Provided by Senate Appropriations Subcommittee ACTED CHANGES IN MANDATORY SPENDING PROGRAM outlays by $7.4 billion. The Senate’s Agriculture, Rural Development, and (CHIMP) TO THE CRIME VICTIMS FUND Related Agencies ...... 0 9 pay-as-you-go rule is enforced by sec- (Budget authority, millions of dollars) Commerce, Justice, Science, and Re- tion 201 of S. Con. Res. 21, the fiscal lated Agencies ...... 0 0 year 2008 budget resolution. Defense ...... 41 0 2016 All years in the accompanying tables Energy and Water Development ...... 0 0 Financial Services and General Govern- Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year are fiscal years. ment ...... 0 41 2016 ...... 10,800 I ask unanimous consent that the ac- Homeland Security ...... 0 9 Senate Appropriations Subcommittees companying tables be printed in the Interior, Environment, and Related Agriculture, Rural Development, and Related Agencies 0 Agencies ...... 0 0 RECORD. Commerce, Justice, Science, and Related Agencies ...... 0 Labor, Health and Human Services, Defense ...... 0 Education and Related Agencies ..... 0 24,678 There being no objection, the mate- Energy and Water Development ...... 0 Legislative Branch ...... 0 0 rial was ordered to be printed in the Financial Services and General Government ...... 0 Military Construction and Veterans Af- RECORD, as follows: fairs, and Related Agencies ...... 0 56,217 Homeland Security ...... 0 State, Foreign Operations, and Related Interior, Environment, and Related Agencies ...... 0 TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED Programs ...... 0 0 Labor, Health and Human Services, Education and Transportation and Housing and Urban Related Agencies ...... 0 DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET Development, and Related Agencies 0 4,400 Legislative Branch ...... 0 RESOLUTIONS Military Construction and Veterans Affairs, and Related Current Level Total ...... 41 85,354 Agencies ...... 0 (In millions of dollars) Total Enacted Above (+) or Below State Foreign Operations, and Related Programs ...... 0 (¥) Statutory Limits ...... ¥523,050 ¥408,137 Transportation and Housing and Urban Development, and Related Agencies ...... 0 2015 2016 2016– 2016– 2020 2025 1 This table excludes spending pursuant to adjustments to the discre- Current Level Total ...... 0 tionary spending limits. These adjustments are allowed for certain purposes Agriculture, Nutrition, and For- in section 251(b)(2) of BBEDCA. Total CVF CHIMP Above (+) or Below (¥) Budget estry 2 Security spending is defined as spending in the National Defense budg- Resolution ...... ¥10,800 Budget Authority ...... 254 0 0 0 et function (050) and nonsecurity spending is defined as all other spending.

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.048 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7539

U.S. CONGRESS, through September 30, 2015. This report is May 5, 2014, pursuant to section 116 of the Bi- CONGRESSIONAL BUDGET OFFICE, submitted under section 308(b) and in aid of partisan Budget Act (Public Law 113–67). Washington, DC, October 27, 2015. section 311 of the Congressional Budget Act, Since our last letter dated September 10, Hon. MIKE ENZI, as amended. 2015, there has been no Congressional action Chairman, Committee on the Budget, affecting budget authority, outlays, or reve- U.S. Senate, Washington, DC. The estimates of budget authority, out- nues for fiscal year 2015. DEAR MR. CHAIRMAN: The enclosed report lays, and revenues are consistent with the Sincerely, shows the effects of Congressional action on allocations, aggregates, and other budgetary KEITH HALL, Director. the fiscal year 2015 budget and is current levels printed in the Congressional Record on Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2015, AS OF SEPTEMBER 30, 2015 [In billions of dollars]

Budget Current Current Level Over/Under (¥) Resolution Level a Resolution

On-Budget Budget Authority ...... 3,026.4 3,034.4 8.0 Outlays ...... 3,039.6 3,040.7 1.0 Revenues ...... 2,533.4 2,453.6 ¥79.8 Off-Budget Social Security Outlays b ...... 736.6 736.6 0.0 Social Security Revenues ...... 771.7 771.9 0.2 Source: Congressional Budget Office. a Excludes amounts designated as emergency requirements. b Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated an- nually.

TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2015, AS OF SEPTEMBER 30, 2015 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,533,388 Permanents and other spending legislation ...... 1,877,558 1,802,360 n.a. Appropriation legislation ...... 0 508,261 n.a. Offsetting receipts ...... ¥735,195 ¥734,481 n.a.

Total, Previously Enacted ...... 1,142,363 1,576,140 2,533,388 Enacted Legislation: b Lake Hill Administrative Site Affordable Housing Act (P.L. 113–141) ...... 0 ¥2 0 Emergency Supplemental Appropriations Resolution, 2014 (P.L. 113–145) ...... 0 75 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 0 ¥15 2,590 Emergency Afghan Allies Extension Act of 2014 (P.L. 113–160) ...... 5 5 6 Continuing Appropriations Resolution, 2015 (P.L. 113–164) c ...... ¥4,705 ¥180 0 Preventing Sex Trafficking and Strengthening Families Act (P.L. 113–183) ...... 0 10 0 IMPACT Act of 2014 (P.L. 113–185) ...... 22 22 0 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113–235) ...... 1,884,271 1,426,085 ¥178 An act to amend certain provisions of the FAA Modernization and Reform Act of 2012 (P.L. 113–243) ...... 0 0 ¥28 Naval Vessel Transfer Act of 2013 (P.L. 113–276) ...... ¥20 ¥20 0 Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113–291) ...... ¥15 0 0 An act to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, to amend the Internal Revenue Code of 1986 to pro- vide for the treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes (P.L. 113–295) ...... 160 160 ¥81,177 Terrorism Risk Insurance Program Reauthorization Act of 2015 (P.L. 114–1) ...... 121 121 1 Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4) ...... 47,763 27,534 0 Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10) ...... 7,354 7,329 0 Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 0 20 0 An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 130 0 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 38 7 ¥1,051 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 19

Total, Enacted Legislation ...... 1,934,994 1,461,281 ¥79,818 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥42,921 3,239 0 Total Current Level d ...... 3,034,436 3,040,660 2,453,570 Total Senate Resolution e ...... 3,026,439 3,039,624 2,533,388

Current Level Over Senate Resolution ...... 7,997 1,036 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 79,818 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during the 2nd session of the 113th Congress but before publication in the Congressional Record of the statement of the allocations and aggregates pursuant to section 116 of the Bipartisan Budget Act of 2013 (P.L. 113–67): the Agricultural Act of 2014 (P.L. 113–79), the Homeowner Flood Insurance Affordability Act of 2014 (P.L. 113–89), the Gabriella Mil- ler Kids First Research Act (P.L. 113–94), and the Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97). b Pursuant to section 403(b) of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, amounts designated as an emergency requirement pursuant to section 403 of S. Con. Res. 13, shall not count for certain budgetary enforcement purposes. The amounts so designated for 2015, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Veterans’ Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113–146) ...... ¥1,331 6,619 ¥42 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) – ...... 0 1,147 0

Total, amounts designated pursuant to Sec. 403 of S. Con. Res. 13 ...... ¥1,331 7,766 ¥42 c Sections 136 and 137 of the Continuing Appropriations Resolution, 2015 (P.L. 113–164) provide $88 million to respond to the Ebola virus, which is available until September 30, 2015. Section 139 rescinds funds from the Children’s Health Insurance Program. Section 147 extended the authorization for the Export-Import Bank of the United States through June 30, 2015. d For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. e Periodically, the Senate Committee on the Budget revises the budgetary levels printed in the Congressional Record on May 5, 2014, pursuant to section 116 of the Bipartisan Budget Act of 2013 (Public Law 113–67): Budget Authority Outlays Revenues

Original Senate Resolution: ...... 2,939,993 3,004,163 2,533,388 Revisions: Adjustment for Disaster Designated Spending ...... 100 43 0 Adjustment for Overseas Contingency Operations and Disaster Designated Spending ...... 74,995 31,360 0 Adjustment for Emergency Designated Spending ...... 0 75 0 Adjustment for the Consolidated and Further Continuing Appropriations Act, 2015 ...... 11,351 3,983 0

Revised Senate Resolution ...... 3,026,439 3,039,624 2,533,388

VerDate Sep 11 2014 02:39 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD15\S27OC5.REC S27OC5 bjneal on DSK67QTVN1PROD with CONG-REC-ONLINE S7540 CONGRESSIONAL RECORD — SENATE October 27, 2015

U.S. CONGRESS, tion 311 of the Congressional Budget Act, as fiscal year 2016: Continuing Appropriations CONGRESSIONAL BUDGET OFFICE, amended. Act, 2016 (Public Law 114–53); Airport and Washington, DC, October 27, 2015. The estimates of budget authority, out- Airway Extension Act of 2015 (Public Law Hon. MIKE ENZI, lays, and revenues are consistent with the 114–55); Department of Veterans Affairs Ex- Chairman, Committee on the Budget, technical and economic assumptions of S. piring Authorities Act of 2015 (Public Law U.S. Senate Washington, DC. Con. Res. 11, the Concurrent Resolution on 114–58); and Protecting Affordable Coverage DEAR MR. CHAIRMAN: The enclosed report the Budget for Fiscal Year 2016. for Employees Act (Public Law 114–60). shows the effects of Congressional action on Since our last letter dated September 10, Sincerely, the fiscal year 2016 budget and is current 2015, the Congress has cleared and the Presi- KEITH HALL, Director. through October 26, 2015. This report is sub- dent has signed the following acts that affect mitted under section 308(b) and in aid of sec- budget authority, outlays, or revenues for Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF OCTOBER 26, 2015 [In billions of dollars]

Budget Current Level Current Level b Over/Under (¥) Resolution a Resolution

ON-BUDGET Budget Authority ...... 3,033.5 3,155.6 122.1 Outlays ...... 3,092.0 3,167.9 76.0 Revenues ...... 2,676.0 2,676.1 0.1 OFF-BUDGET Social Security Outlays c ...... 777.1 777.1 0.0 Social Security Revenues ...... 794.0 794.0 0.0

Source: Congressional Budget Office. a Excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending that is not yet allocated to theSenate Committee on Appropriations. b Excludes amounts designated as emergency requirements. c Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated an- nually.

TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF OCTOBER 26, 2015 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a.

Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 700 775 0 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40

Total, Enacted Legislation ...... 1,278 1,343 ¥622 Continuing Resolution: Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 1,008,053– 602,405 – 0 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 962,619 945,910 0 Total Current Level c ...... 3,155,626 3,167,949 2,676,111 Total Senate Resolution d ...... 3,033,488 3,091,973 2,675,967

Current Level Over Senate Resolution ...... 122,138 75,976 144 Current Level Under Senate Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2016–2025: Senate Current Level ...... n.a. n.a. 32,237,119 Senate Resolution ...... n.a. n.a. 32,233,099

Current Level Over Senate Resolution ...... n.a. n.a. 4,020 Current Level Under Senate Resolution ...... n.a. n.a. n.a.

Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. II, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–41); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10). b Pursuant to section 403(b) of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, amounts designated as an emergency requirement pursuant to section 403 of S. Con. Res. 13, shall not count for certain budgetary enforcement purposes. The amounts so designated for 2016, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... 0 917 0 c For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con Res. 11 , pursuant to various provisions of the resolution. The Senate Resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con Res. 11 for disaster-related spending that is not yet allocated to the Senate Committee on Appropriations: Budget Authority Outlays Revenues

Senate Resolution: ...... 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Pursuant to section 311 of S. Con. Res. 11 ...... 700 700 0

Revised Senate Resolution ...... 3,033,488 3,091,973 2,675,967

VerDate Sep 11 2014 02:39 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD15\S27OC5.REC S27OC5 bjneal on DSK67QTVN1PROD with CONG-REC-ONLINE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7541 TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO metals worked its way down the rectly contradicted by the testimony of SCORECARD FOR THE 114TH CONGRESS—1ST SES- Animas River in Colorado and into the the Navajo president, who noted that it SION, AS OF OCTOBER 26, 2015 San Juan River near Farmington, NM. took EPA 2 days to notify the tribe (In millions of dollars) Nobody yet knows for certain the total about the plume’s threat to the tribe. damage to crops, soil, livestock, wild- It was also revealed that Adminis- 2015–2020 2015–2025 life, and water supplies that are crit- trator McCarthy did not directly con- Beginning Balance a 0 0 ical sources of food for the Navajo peo- tact President Begaye for about 5 days Enacted Legislation: bcd ple and also serve as economic and cul- after the spill. The committee also re- Iran Nuclear Agreement Review Act of 2015 (P.L. 114–17) e ...... n.e. n.e. tural centers. Those farmers who were ceived testimony that EPA had not Construction Authorization and Choice able to shut down their irrigation sys- quickly and routinely shared water Improvement Act (P.L. 114–19) ...... 20 20 Justice for Victims of Trafficking Act of tems watched in horror as their crops monitory data with the tribes. All of 2015 (P.L. 114–22) ...... 1 2 wilted. this shatters any notion that EPA has Uniting and Strengthening America by Fulfilling Rights and Ensuring Effec- The EPA now says water quality in honored its government-to-government tive Discipline Over Monitoring Act of the San Juan River has returned to responsibility to the nation. 2015 (P.L. 114–23) ...... * * An act to extend the authorization to ‘‘pre-event levels,’’ but the Gold King The Gold King Mine spill was a series carry out the replacement of the ex- Mine is still releasing water roughly at of failures by EPA that compounded, isting medical center of the Depart- ment of Veterans Affairs in Denver, 600 gallons per minute. The concentra- and the Navajo are paying the price. I Colorado (P.L. 114–25) ...... 150 150 tions of toxic metals may not as be as will continue to push for increased con- Defending Public Safety Employees’ Re- tirement Act & Bipartisan Congres- high today as it was during the initial gressional oversight into this matter. sional Trade Priorities and Account- 3 million gallon flush, but the Navajo f ability Act of 2015 (P.L. 114–26) ...... ¥1 5 Trade Preferences Extension Act of 2015 are still waiting for EPA to dem- HEAD START AWARENESS MONTH (P.L. 114–27) ...... ¥640 ¥52 onstrate it can prevent another large Boys Town Centennial Commemorative Mr. CARPER. Mr. President, it is Coin Act(P.L. 114–30) f ...... 0 0 release. The nation is rightfully de- Steve Gleason Act of 2015 (P.L. 114–40) 13 28 manding assurances that heavy rainfall with great pleasure that I speak on be- Surface Transportation and Veterans half of the Delaware delegation to Health Care Choice Improvement Act won’t disturb toxic substances that of 2015 (P.L. 114–41) ...... ¥1,552 ¥6,924 may have settled in the sediment of honor Head Start’s 50 years of service Agriculture Reauthorizations Act of 2015 to our Nation’s most vulnerable chil- (P.L. 114–54) ...... * * the Animas River, the San Juan River, Department of Veterans Affairs Expiring or even Lake Powell. dren and families in Delaware and na- Authorities Act of 2015 (P.L. 114–58) 624 624 tionwide. On May 18, 1965, President Protecting Affordable Coverage for Em- In August, I—along with Arizona ployees Act (P.L. 114–60) ...... ¥32 ¥2 Governor Doug Ducey—met with Nav- Lyndon B. Johnson launched Project Gold Star Fathers Act of 2015 (P.L. Head Start as an 8-week summer dem- 114–62) ...... * * ajo Nation president Russell Begaye Ensuring Access to Clinical Trials Act of and Navajo council speaker Lorenzo onstration project to teach low-income 2015 (P.L. 114–63) ...... * * students needed skills before they Adoptive Family Relief Act (P.L. 114–70) * * Bates in Window Rock, AZ, to discuss Illegal, Unreported, and Unregulated this matter. I can assure my colleagues started kindergarten. Over the past 50 Fishing Enforcement Act of 2015 years, Head Start has served 32 million (H.R. 774) ...... * * that the Navajo are suffering deeply A bill to amend title XI of the Social Se- and dearly because of this spill. I have children and families across the coun- curity Act to clarify waiver authority also received calls and letters from a try with comprehensive services. regarding programs of all-inclusive The Head Start Program has given care for the elderly (PACE programs) number of concerned constituents, children and families the tools to suc- (S. 1362) ...... * * mayors, county supervisors, and busi- ceed by ensuring a high quality edu- Current Balance ...... ¥1,417 ¥6,149 nesses in northern Arizona who also cation and access to health care and Memorandum: have a stake in the health and safety of 2015–2020 2015–2025 social services. The Head Start Pro- Changes to Revenues ...... 4,140 ¥1,284 Lake Powell. They are just as alarmed ¥ gram represents a critical investment Changes to Outlays ...... 2,723 7,433 as the Navajo people that the plume in the education of our nation’s young- Source: Congressional Budget Office. could endanger their livelihoods and Notes: n.e. = not able to estimate; P.L. = Public Law. * = between est children. In the State of Delaware, ¥$500,000 and $500,000. their enjoyment of natural resources in 2,714 children and pregnant women ben- a Pursuant to S. Con. Res. 11, the Senate Pay-As-You-Go Scorecard was their communities. The Arizona De- reset to zero. efitted from Head Start, Early Head b The amounts shown represent the estimated impact of the public laws partment of Environmental Quality Start, and the Early Childhood Assist- on the deficit. Negative numbers indicate an increase in the deficit; positive and the Arizona Geological Survey numbers indicate a decrease in the deficit. ance Program in 2014. Head Start is in- c Excludes off-budget amounts. have been expending scarce resources strumental in uplifting families in d Excludes amounts designated as emergency requirements. to conduct water samples independent e P.L. 114–17 could affect direct spending and revenues, but such im- Delaware by providing resources to pacts would depend on future actions of the President that CBO cannot pre- of EPA. And that has been helpful. But families who, like many of us, want to dict. (http://www.cbo.gov/sites/det1mltlfiles/cbofiles/attachments/s615.pdf) the Federal Government has to step up f P.L. 114–30 will cause a decrease in spending of $5 million in 2017 see their children reach their full po- and an increase in spending of $5 million in 2019 for a net impact of zero and take action that would allow all tential. over the six-year and eleven-year periods. affected stakeholders, but especially The teachers, home visitors, and fam- f tribal communities, find confidence in ily service workers that make up the EPA GOLD KING MINE SPILL what the Federal Government is doing Head Start Program are the backbone to fix the mess that it created. of this mission. Without them on the Mr. MCCAIN. Mr. President, last At last month’s hearing, we received front lines each and every day, these month the Senate Indian Affairs Com- testimony from EPA Administrator early education goals would not be mittee held an oversight hearing on Gina McCarthy and others dealing with met. I commend the teachers and staff the Environmental Protection Agen- the spill, including the Navajo Nation who are deeply committed to seeing all cy’s Gold King Mine disaster. I am very president, Russell Begaye. We also re- children succeed. On behalf of Senator grateful that Chairman JOHN BARRASSO ceived testimony from Doug Holtz- CHRIS COONS and Congressman JOHN and Vice Chairman JON TESTER quickly Eakin, a noted economist and former CARNEY, I recognize Head Start Aware- made this matter a priority for their Director of the Congressional Budget ness Month and the 50th Anniversary of committee following the August break. Office. Mr. Holtz-Eakin estimated that Head Start. It is our sincere hope that The hearing focused on the harmful im- the spill will cost the Navajo’s agri- future generations of children and fam- pacts that spill is having on Indian culture sector roughly $41,000 a day in ilies can continue to greatly benefit Country, namely the Navajo Nation, lost economic activity. from Head Start’s programs and we can the Southern Ute Tribe, and the Ute While I am grateful that Adminis- put children on the right path from the Mountain Ute Tribe. trator McCarthy agreed to appear be- very beginning. On the Navajo Nation, an estimated fore the committee, I am concerned f 1,500 farms have been damaged by the that, under her watch, not a single EPA and its contractors when they re- Agency employee or contractor had OBSERVING INTERNATIONAL DAY leased a deluge of tailings-pond waste- been fired for the disaster. In her testi- OF THE GIRL water from the abandoned Gold King mony, Administrator McCarthy por- Mr. KIRK. Mr. President, October 11 Mine. On August 5, 2015, an acidic trayed the EPA’s response to the tribes marked the second annual Inter- plume of mercury, arsenic, and other as timely, but her portrayal was di- national Day of the Girl. This day

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.039 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7542 CONGRESSIONAL RECORD — SENATE October 27, 2015 brings together people and advocacy Highlands. Their responsibilities in- daughters and a son with his wife, groups to raise awareness about the cluded rescuing and evacuating ground Charlotte, of 38 years. He also has challenges facing girls around the forces, as well as setting up perimeters grandchildren. He credits his family world. Tragically, today’s regional cri- for operations. They were right in the with helping him heal. ‘‘It’s all the ses are having a disproportionately de- thick of things, and, as Thomas once support of my family that’s got me structive impact on girls. 2015 marks put it, ‘‘If there was a hot spot where where I’m at today,’’ Thomas said. the year with the highest number of reinforcements were needed . . . we ‘‘My wife is always supporting me. My displaced persons since World War II. were there.’’ On more than one occa- daughters, my son and my grand- According to the United Nations High sion, this proved to be an important children—I’m very, very fortunate.’’ Commissioner for Refugees, women and but harrowing position to be in. One However, Thomas is still haunted by girls comprise half of any refugee or in- night, when the brigade was charged his memories daily, and he doesn’t ternally displaced population. Crises with setting up a perimeter on a hill- want other soldiers to have to suffer such as the ongoing conflict in Syria, side, Thomas and his comrades felt par- the way he has had to. He believes, like over 1.5 million displaced in South ticularly concerned. They knew the I do, that our commitment to our vet- Sudan, and the expanding migrant cri- area was likely heavily booby-trapped, erans is a cost of war, and we must sis in Europe, among others, risk leav- so they proceeded with extra caution. make it a priority to help, protect, and ing an entire generation of girls shaped Their mission was to intercept the serve those who served. Too many of by a lack of opportunity, gender-based North Vietnamese forces headed in our Vietnam veterans never got the violence, forced marriage, and dis- their direction, and after establishing a homecoming or the recognition they rupted education. perimeter, they were allowed a few deserved. So today I am honored to Access to education is often a top hours of rest before being put on high have the opportunity to thank Thomas priority for refugee families upon re- alert. A few hours later, while he was for his bravery both in battle and be- settling in a foreign country. We know trying to get some sleep, Thomas sud- yond. He is a Montanan born and bred, that, if empowered with the appro- denly heard a blast, and he was thrown and his life has been a testament to the priate tools, girls can be facilitators of nearly a dozen feet from his makeshift kind of commitment, courage, and change who can transform their own tent. Thomas quickly realized that compassion that our State can be lives, as well as the lives of their fami- someone had set off a booby trap, but proud of. lies, communities, and societies and before he could process much else, a It was my honor to recognize Thomas serve as a bulwark against the condi- medic began calling his name and he Rockroads, Jr. by presenting him with tions that contribute to extremism rushed over to help. Thomas worked the Bronze Star Medal, National De- that so many terrorist groups have ex- with the medic to care for his fellow fense Service Medal, Vietnam Service ploited, often at the expense of women soldier, but shortly thereafter the man Medal, Combat Infantryman Badge 1st and girls. The lack of access to edu- died in Thomas’s arms. Award, Republic of Vietnam Campaign cation for refugee girls stifles em- A few days later, Thomas and his bri- Ribbon with 1960 Device, Sharpshooter powerment and stands in the way of gade found themselves under siege Badge with auto rifle bar with rifle bar, achieving a durable solution to con- again—this time, without cover, they Marksman Badge with machine gun flict. came face to face with enemy soldiers. bar, and the Parachutist Badge Basic. As the United States and the inter- The North Vietnamese troops, equipped Our State and our Nation thank you, national community work to cope with with an anti-aircraft gun and hiding in- Thomas, for your service and for a sol- the current refugee crisis, it is critical side an irrigation trench, began rapid dier’s sacrifice. that we focus not only on security but firing on Thomas and his platoon. f on the basic needs of refugees, such as Knowing they needed air support, RECOGNIZING MENTOR: THE NA- access to education and increasing the Thomas headed right toward the anti- TIONAL MENTORING PARTNER- role of women and girls in humani- aircraft gun—as long as it was oper- SHIP tarian response and civil society pro- able, American helicopters couldn’t ac- grams. cess the area. However, his M16 was Mr. BOOKER. Mr. President, today I f jammed, so under heavy fire, he had to would like to recognize MENTOR: The dislodge the trapped bullets and re- National Mentoring Partnership, the TRIBUTE TO THOMAS ROCKROADS, place them with a new magazine. He leadership of its founders, Geoffrey T. JR. and a fellow solider finally located the Boisi and Raymond G. Chambers, and Mr. TESTER. Mr. President, I wish enemy’s weapon at the far end of a the expansion of the mentoring field in to honor Thomas Rockroads, Jr., a vet- hedgerow and headed back into the the past quarter century. eran of the Vietnam war. On behalf of firestorm with one aim—to disarm it. This year, MENTOR celebrates its all Montanans and all Americans, I Before they could reach their target, 25th anniversary. Its founders, Geoffrey would like to thank Mr. Rockroads for an enemy solider intercepted them, T. Boisi and Raymond G. Chambers, his service to our State and to our Na- lobbing a grenade directly at Thomas were leading businessmen and philan- tion. It is my privilege to share Thom- and his comrade. They both ran for thropists who understood the value of as’s story for the official Senate cover, and thankfully the grenade mentoring in their own lives. They be- Record. failed to detonate, but mere seconds lieved passionately that the interven- Thomas Rockroads, Jr., was born on after that, another soldier charged tion of a caring adult is a critical ele- December 21, 1948, in Crow Agency, MT. them, firing wildly at Thomas and his ment in the life of a young person, and His father worked in sawmills in both platoon. The soldier was not more than they believed that every young person Kirby and Lame Deer and was a ranch 10 feet away from Thomas when he fi- needs and deserves a powerful relation- hand and coal miner in Lame Deer. His nally went down. ship that supports their growth and mother worked for many years at the Thomas returned to Busby, MT, a gives them the opportunity for success. Northern Hotel before coming home to full 365 days after his deployment. He In 1990, Boisi and Chambers recog- the Northern Cheyenne Reservation. remarkably didn’t sustain a single nized the powerful impact that men- He spent his childhood in Busby and at- scratch. But like many of his fellow toring could have on our Nation’s at- tended Busby High School until joining veterans, despite his lack of visible risk youth, and they started a move- the Army his junior year. wounds, Thomas has struggled with the ment to increase opportunity for all In September of 1968, he volunteered unseen wounds of war. Thirty-five young people by establishing MENTOR. for the Army Airborne Infantry, and by years after coming back from Vietnam, The success of Boisi’s and Chambers’ September of 1969, he found himself he was formally diagnosed with post- efforts has been remarkable. That first jumping out of helicopters and into the traumatic stress disorder. year, approximately 300,000 youth at highlands of Vietnam. Thomas was a Despite this often debilitating strug- risk of falling off track were paired member of the 173rd Airborne Brigade, gle, Thomas has spent the last 30 years with a caring adult through a struc- which was stationed in the hot, humid working for Western Energy’s Rosebud tured mentoring program. Today, 4.5 Tiger Mountains of Vietnam’s Central Mine at Colstrip and raising two million at-risk young people will find

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.044 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7543 the support that they need in a men- From his Georgia roots to his work portance of acknowledging the bravery toring relationship while growing up. at Bethany Baptist, Dr. Howard has and valor of the men and women who We know that research has found shown an extraordinary commitment fought in defense of our country, as that young people with a mentor are 55 to serving others. His work outside of well as those who continue to serve. percent more likely to attend college the church has spanned the realms of Men like Levi Douthit and members of and more than twice as likely to say human rights, international affairs, do- VFW Post 1674 set their personal lives that they held a leadership position in mestic policy, and education. In his aside to fight for our country. This a club or sports team than young peo- role over the last 15 years as pastor of post recognizes the service, sacrifice, ple without mentors. We also know Bethany Baptist Church, he has and courage of fellow veterans and con- that people who are mentored in their worked tirelessly to expand outreach tinues to offer aid and assistance to youth are 78 percent more likely to to the community as a whole. those who served our Nation in uni- volunteer in their communities than Since his first position as a youth form. those who are not mentored. leader conducting some of the earliest As participants in the Buddy Poppy Unfortunately, despite the tremen- voter outreach efforts in southwest Program, members support the vet- dous growth of the mentoring move- Georgia, Dr. Howard has been a beacon erans relief fund. They serve veterans ment in America over the past 25 of light across the globe, bridging the in and around Siloam Springs who need years, 1 in 3 young people, including 9 worlds of faith and political activism. help with daily basic needs and trans- million at-risk youth, will still reach He has consistently taken on leader- portation to VA health centers for adulthood without having a mentor of ship roles, serving as moderator of the medical treatments. any kind. This mentoring gap isolates Programme to Combat Racism of the Members continue their dedication these young people from the meaning- World Council of Churches, president of to the community, offering scholar- ful connections to adults that would the National Council of Churches, and ships to students, teaching flag eti- help them to grow and succeed. Fur- president of the American Committee quette, and, as partners with Kind at thermore, young people are not the on Africa. Through these posts, Dr. Heart Ministries of Siloam Springs, only ones who gain from a mentoring Howard has provided a powerful exam- helping build wheelchair ramps for vet- relationship. While mentoring empow- ple of our Nation’s commitment to erans. ers our children and sets them on the human rights and equality. In minis- The importance of Post 1674 to the path to success, it also deeply enriches tering to U.S. personnel held hostage community was apparent when more the lives of the adults who are in Iran in 1979 and working for the re- than a decade ago a lack of member- partnered with them. As a mentor my- lease of U.S. Navy pilot Robert O. ship and financial troubles nearly self, I can attest to this profound ben- Goodman, Dr. Howard was a quiet but forced its closure. Businessmen helped efit. powerful force for faith and peace. raise support in the community and Dr. Howard’s record of service and MENTOR has been a leader in the de- kept its doors open. leadership domestically is equally im- velopment of best practices to assist I congratulate VFW Post 1674 on its pressive. Serving as president of New mentoring organizations across the 75th anniversary. I wish Commander York Theological Seminary, he dem- country in improving their program Frank Lee and the 163 members who onstrated the importance of inter- quality. MENTOR and its network of served in U.S. engagements since WWII disciplinary approaches to community affiliate Mentoring Partnerships has the best of luck and many more years development by implementing joint set the bar for quality in practice and of camaraderie, service, and invest- programs in social work and urban edu- ment in the community.∑ has strengthened the mentoring field’s cation. He has been a board member for capacity to deliver on the promise of such organizations as the National f mentoring. Urban League, the Children’s Defense 50-YEAR CLASS REUNION OF THE It is clear that, in the last quarter Fund, and the Rutgers University 1965 CLASS OF WESTERN HIGH century, MENTOR, under the leader- Board of Governors. Under his leader- SCHOOL ship of its volunteer board and found- ship, the New Jersey Death Penalty ∑ ers, has done tremendous work cham- Mr. CARDIN. Mr. President, this Study Commission was instrumental in week in my hometown of Baltimore, pioning the advancement of mentoring New Jersey becoming the first State to practice and fostering the growth of MD, the Western High School class of abolish the death penalty since 1976. 1965 will gather to celebrate their 50th the mentoring movement. Therefore, I Finally, Dr. Howard’s impact on the ask that my colleagues join me in rec- class reunion. In honor of this special city of Newark has been remarkable. occasion, I wish to take a moment to ognizing the accomplishments of this As pastor of Bethany, Dr. Howard remarkable organization in expanding pay tribute to the experiences of the quickly established Bethany Cares, WHS class of 1965 and commemorate the quality and availability of men- Inc., and through this outreach cor- toring for all young people in the the lasting legacy of Western High poration, the church has actively tran- School, which continues to produce United States, in honoring the service scended its congregation walls to serve and leadership of MENTOR cofounders leaders for the Baltimore community. the community at large. Such trans- To this day, Western High School re- Geoffrey T. Boisi and Raymond G. formative work has played an integral Chambers and their dedication to mains a source of pride for the city of part in strengthening the development Baltimore. Founded as Western Female America’s youth, and in encouraging of New Jersey’s largest city. High School in 1844, it remains the old- Americans to discover just how reward- After 15 years of devoted service as est operating public all-girls high ing mentoring can be through volun- pastor of Bethany Baptist Church, Dr. teering with their local mentoring or- Howard will be retiring. It is an honor school in the Nation nearly 171 years ganization. to formally recognize Dr. Howard for after its doors opened on North Paca Street. Prior to the opening of Western f his unwavering commitment to cre- ating a better world.∑ Female High School and its now ADDITIONAL STATEMENTS defunct companion Eastern Female f High School, Baltimore City females RECOGNIZING VFW POST 1674 ON were without an opportunity to ad- TRIBUTE TO REVEREND DOCTOR ITS 75TH ANNIVERSARY vance their education beyond the basic M. WILLIAM HOWARD, JR. ∑ Mr. BOOZMAN. Mr. President, I wish grammar school level. Female students ∑ Mr. BOOKER. Mr. President, today I to honor Veterans of Foreign Wars from across the city were drawn to the would like to recognize Rev. Dr. M. Post 1674 in Siloam Springs, AR, on its academic rigor of Western High School, William Howard, Jr., pastor of New- 75th anniversary. creating a true magnet school, as we ark’s Bethany Baptist Church. Dr. Chartered November 10, 1940, the post know today. As the city of Baltimore Howard has spent many decades lead- was named in honor of Levi Douthit, a grew, so did Western High School. In ing the charge for change, fueled by his WWI veteran. 1896, Western High School moved to a personal mission to utilize his faith to As a member of the Committee on larger location on Lafayette and transform the human condition. Veterans’ Affairs, I understand the im- McCulloh Streets, which allowed for

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.043 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7544 CONGRESSIONAL RECORD — SENATE October 27, 2015 the expansion of courses to include and inspiration for the hard-working that was unusual for an Idaho farm clerical courses. Today Western High employees at DEMA and the many first boy. After he finished college at Utah School resides on a joint campus responders in Delaware for years to State University and married his opened in 1967 with the all-male Balti- come. sweetheart of close to 56 years, Frances more Polytechnic Institute on Falls Jamie has a lifetime of experience Arlene Anderson, they embarked on a Road. when it comes to responding to emer- journey that took them to the tiny is- The WHS class of 1965 graduated from gency situations. In 1970, he began his land territory of American Samoa, Western in a transitionary period for education in fire protection technology where he first taught high school Western. Two years away from the at Delaware Technical Community Col- chemistry, math, and physics, and then opening of the current campus, West- lege. He studied the causes and proper served as principal at Mapusaga High ern High School students attended responses to various hazards and pre- School. But perhaps some may think classes in the heart of downtown Balti- ventive measures that can be taken to his greatest achievement during that more. With an overpopulated school avoid them entirely. Jamie took the time was that he was instrumental in building that forced administrators to knowledge he gained from his edu- introducing American football to the move to a split shift schedule to ac- cation and in 1976 began working with Samoan people—something many col- commodate all of Western’s students, the Delaware State Fire School as the lege and NFL teams have appreciated alumnae often participated in work or emergency service training adminis- for many years now. An educator by volunteer opportunities located within trator. It was his responsibility to su- training and inclination, Vaughn spent walking distance of the school. This pervise instructors, research technical many years in administrative positions proximity to downtown also allowed information, and work with fire, res- at the Blackfoot School District before Western students to participate in the cue, and emergency medical services to finishing his career in the Provo burgeoning civil rights movement in develop necessary guidelines and effec- School District where he retired. Baltimore City, including the pick- tive procedures. eting of businesses which refused to Then, in 2000, he took on the role of His devotion to his faith has been serve African Americans. While West- executive secretary of the Delaware manifest in many ways, including mis- ern High School students can fondly re- Volunteer Firemen’s Association, sionary service throughout the world— member their efforts to fight for social where he was tasked with following first as a young missionary in western justice in the civil rights movement, legislation at every level of govern- Canada; then in American Samoa; then the class of 1965 was also struck by the ment that affected DVFA’s member- in Milan, Italy; and most recently in tragic news of President John F. Ken- ship. In this role, he researched dif- Santa Monica, CA. His teaching nature nedy’s assassination. Even as WHS ferent laws and ordinances to ensure has been evident far beyond his profes- mourned this news, former Western that the DVFA was following the prop- sional career, as he has been given the High School alumna Sarah T. Hughes, er guidelines. Thanks to Jamie, Dela- opportunity to educate through that then judge of the U.S. District Court ware’s firefighters stayed informed on missionary service. Upon his retire- for the Northern District of Texas and the regulations that were put in place ment from education several years ago, just the third woman to ever serve as a to keep themselves and those in emer- he had served in teaching positions at Federal jurist, administered the oath gency situations safe. the LDS Missionary Training Center of office to then-Vice President Lyndon Jamie has been a dedicated public and the BYU-Idaho Pathways Pro- B. Johnson aboard Air Force One. servant for years. Before his appoint- gram—ever searching to help those The storied history of Western High ment to director of DEMA, he was serv- who are seeking improvement in their School and school motto, ‘‘Lucem ing and protecting Delaware through educational pursuits. accepimus, lucem demus’’—‘‘We have his consistent endeavors to remain on His friends and neighbors know him received light, let us give light’’—has the cutting edge of best practices in as a tinkerer, a man who can fix any- continued to inspire generations of stu- emergency protocol and then use that thing. He maintains a world-class col- dents and countless alumnae of WHS. experience to educate others in the lection of tools and parts you never Among its alumnae include Henrietta field. He is active in the Smyrna Little knew you were missing. He is the proud Szold, the founder of Hadassah; League and continues to volunteer father of eight children—Susan, Rich- Trazana Beverley, a 1977 Tony Award with the Delaware Fire Service. ard, Diane, Pamela, Cynthia, Daniel, On behalf of Senator CHRIS COONS and Winner; former Maryland State super- John, and Scott. His eldest daughter, Congressman JOHN CARNEY, I whole- intendent of schools Dr. Nancy S. Susan, has worked for me for many heartedly thank Jamie Turner for his Grasmick; current Baltimore City years, and I have had the opportunity service to the State of Delaware. His mayor Stephanie Rawlings-Blake; and to get to know Vaughn on a personal model leadership and dedication has current Western High School principal level. While he may count them as his improved the quality of our State’s Michelle White. As the WHS class of greatest achievements, each one of emergency response systems and has 1965 comes together this week to cele- them is grateful for his influence and kept countless residents safe. We offer brate their class reunion and years of support in their lives. He taught them our sincere congratulations on a job friendship, I encourage each alumnae how to work, how to fight for what is well done and wish him and his wife to remember the words they were right and fair, to value education and Debbie, their daughters Kim and Katie, taught at Western High School many learning, to take the adventurous path, husbands Mike and Sean respectively, years ago and continue to strengthen and to be faithful to the Lord. He has ∑ and their grandchildren Madelyn, Har- their own communities. built a life of service and devotion to per, Keegan, and Kolton many happy f his family, friends, and faith and serves years to come.∑ TRIBUTE TO JAMIE TURNER as a tremendous example of kindness f ∑ Mr. CARPER. Mr. President, it is and strength to all who know him. with great pleasure that, on behalf of TRIBUTE TO VAUGHN THOMAS As a young farm boy, Vaughn had an the Delaware congressional delegation, HAWKES opportunity to receive the CONGRES- I wish to honor the exemplary service ∑ Mr. CRAPO. Mr. President, I wish to SIONAL RECORD every day through the of Jamie Turner, director of the Dela- honor Vaughn Thomas Hawkes on his mail. He was fascinated by all that ware Emergency Management Agency, 80th birthday. Vaughn is a native Ida- transpired in Congress and read the upon his retirement. Jamie has served hoan whose family roots in the State documents studiously. It was only the as director for 13 years and during that go back generations. He is one of nine beginning of a lifetime of curiosity time has provided first responders and children born to a farm family outside about the world around him. So it Delaware citizens with emergency pre- of Preston, where he learned hard work seemed a fitting tribute to honor his paredness training and education to and ingenuity are the keys to a good 80th birthday to provide him with his keep Delawareans safe when hazards life. The work ethic he learned early on own mention in that illustrious such as hurricanes, tornadoes, and fires has served him well through his 80 RECORD. We wish him a very happy 80th hit Delaware. His efforts will be a guide years, but he had a spirit of adventure birthday.∑

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.040 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7545 TRIBUTE TO WAR CHIEF JOSEPH alty, priorities, and hard work set an S. 1362. An act to amend title XI of the So- MEDICINE CROW amazing example to the rest of Mon- cial Security Act to clarify waiver authority ∑ tana and our great Nation as a whole.∑ regarding programs of all-inclusive care for Mr. DAINES. Mr. President, I would the elderly (PACE programs). like to wish happy birthday to the last f S. 2162. An act to establish a 10–year term Crow war chief, Joseph Medicine Crow, for the service of the Librarian of Congress. who is celebrating his 102nd birthday MESSAGES FROM THE HOUSE f today. He has served proudly as the At 11:27 a.m., a message from the Crow Tribe’s historian and storyteller, House of Representatives, delivered by REPORTS OF COMMITTEES is a decorated World War II veteran, Mr. Novotny, one of its reading clerks, The following reports of committees and was the first in his tribe to attain announced that the House has passed were submitted: the following bill, in which it requests a master’s degree. By Mr. THUNE, from the Committee on Medicine Crow has lived a life filled the concurrence of the Senate: Commerce, Science, and Transportation, with numerous accomplishments. He is H.R. 3033. An act to require the President’s with an amendment in the nature of a sub- a recipient of the Presidential Medal of annual budget request to Congress each year stitute: Freedom. The White House identified to include a line item for the Research in S. 1326. A bill to amend certain maritime him as both ‘‘a warrior and living leg- Disabilities Education program of the Na- programs of the Department of Transpor- end’’ when he received the Medal of tional Science Foundation and to require the tation, and for other purposes (Rept. No. 114– Freedom in 2009. In 2006, his personal National Science Foundation to conduct re- 158). search on dyslexia. memoir, ‘‘Counting Coup,’’ was pub- By Mr. CORKER, from the Committee on Foreign Relations, without amendment: lished by National Geographic. He is ENROLLED BILL SIGNED The President pro tempore (Mr. S. 1789. A bill to improve defense coopera- considered one of the most celebrated tion between the United States and the HATCH) announced that on October 26, Native American soldiers due to his Hashemite Kingdom of Jordan. selfless service in World War II. 2015, he had signed the following en- With his great-grandmother, grand- rolled bill, previously signed by the f mother, mother, and uncle all living Speaker of the House: EXECUTIVE REPORTS OF past 100 years of age, Medicine Crow H.R. 558. An act to designate the facility of COMMITTEES credits his long life to his strong fam- the United States Postal Service located at 55 South Pioneer Boulevard in Springboro, The following executive reports of ily roots. Medicine Crow’s secret ad- nominations were submitted: vice to living such a long and full life? Ohio, as the ‘‘Richard ‘Dick’ Chenault Post Office Building’’. By Mr. McCAIN for the Committee on He advises going to sleep early, sleep- Armed Services. ing 8 hours, eating breakfast, keeping ENROLLED BILL SIGNED At 12:48 p.m., a message from the Air Force nomination of Col. Thomas K. busy at work, and eating healthy and Wark, to be Brigadier General. generously. He also touched on the House of Representatives, delivered by Air Force nomination of Col. Howard P. positive influences of his wife, who Mr. Novotny, one of its reading clerks, Purcell, to be Brigadier General. urged him to maintain good habits. His announced that the Speaker has signed Air Force nomination of Col. Allan L. positive, endearing spirit and sense of the following enrolled bill: Swartzmiller, to be Brigadier General. humor truly keeps him young. H.R. 313. An act to amend title 5, United Army nomination of Lt. Gen. David D. Hal- Medicine Crow’s spirit, humility, States Code, to provide leave to any new verson, to be Lieutenant General. Army nomination of Maj. Gen. Kenneth R. kind disposition, and many incredible Federal employee who is a veteran with a service-connected disability rated at 30 per- Dahl, to be Lieutenant General. life achievements are a model for all cent or more for purposes of undergoing med- Army nomination of Col. Erik H. Torring Montanans. Happy Birthday, Chief ical treatment for such disability, and for III, to be Brigadier General. Medicine Crow. I look forward to cele- other purposes. Army nomination of Maj. Gen. Thomas S. brating many more.∑ Vandal, to be Lieutenant General. The enrolled bill was subsequently Army nomination of Col. Valeria Gonzalez- f signed by the President pro tempore Kerr, to be Brigadier General. TRIBUTE TO RUSTY STAFNE (Mr. HATCH). Army nomination of Col. John J. Morris, ∑ to be Brigadier General. Mr. DAINES. Mr. President, I wish to At 2:38 p.m., a message from the recognize the loyal service of A.T. Air Force nomination of Brig. Gen. Ste- House of Representatives, delivered by phen E. Markovich, to be Major General. ‘‘Rusty’’ Stafne, chairman of the Fort Mrs. Cole, one of its reading clerks, an- Army nomination of Col. Marta Carcana, Peck Assiniboine and Sioux Tribes. nounced that the House has passed the to be brigadier General. Stafne ended his term yesterday and following bill, in which it requests the Mr. McCAIN. Mr. President, for the will not be running for reelection as concurrence of the Senate: Committee on Armed Services I report chairman. I am proud to honor and to favorably the following nomination congratulate him on his service and H.R. 3819. An act to provide an extension of Federal-aid highway, highway safety, motor lists which were printed in the successes. carrier safety, transit, and other programs RECORDS on the dates indicated, and As chairman, Stafne has worked dili- funded out of the Highway Trust Fund, and ask unanimous consent, to save the ex- gently for the Assiniboine and Sioux for other purposes. pense of reprinting on the Executive people on the Fort Peck Reservation f Calendar that these nominations lie at and has held firm in his priorities. He the Secretary’s desk for the informa- has worked to honor veterans, specifi- MEASURES REFERRED tion of Senators. cally those who served in World War II, The following bill was read the first The PRESIDING OFFICER. Without and has worked tirelessly to protect and the second times by unanimous objection, it is so ordered. wildlife in Montana and on the Fort consent, and referred as indicated: Peck Reservation. Air Force nominations beginning with We thank Chairman Stafne for his in- H.R. 3033. An act to require the President’s Brandon R. Abel and ending with Brandon A. annual budget request to Congress each year Zuercher, which nominations were received volvement in the Senate Indian Affairs to include a line item for the Research in by the Senate and appeared in the Congres- Committee. He has been a tireless ad- Disabilities Education program of the Na- sional Record on June 24, 2015. vocate for rural water projects and tional Science Foundation and to require the Air Force nominations beginning with other challenges facing the tribes. He National Science Foundation to conduct re- Michelle T. Aaron and ending with Kirk P. has traveled to Washington, DC, to tes- search on dyslexia; to the Committee on Winger, which nominations were received by tify in front of Congress and has broad- Health, Education, Labor, and Pensions. the Senate and appeared in the Congres- ened the eyes of many—giving new and f sional Record on September 9, 2015. better insight into the life of tribal Air Force nominations beginning with ENROLLED BILLS PRESENTED Quentin D. Bagby and ending with Mary A. men and women, so that we can work Workman, which nominations were received together to better serve and protect The Secretary of the Senate reported by the Senate and appeared in the Congres- our tribal nations. that on October 26, 2015, she had pre- sional Record on September 9, 2015. I am thankful for Chairman Stafne’s sented to the President of the United Air Force nominations beginning with work on behalf of the tribe. His loy- States the following enrolled bills: Robert H. Alexander and ending with Justin

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G27OC6.018 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7546 CONGRESSIONAL RECORD — SENATE October 27, 2015 David Wright, which nominations were re- ginia (Mrs. CAPITO) was added as a co- prove access to medication therapy ceived by the Senate and appeared in the sponsor of S. 12, a bill to amend the In- management under part D of the Medi- Congressional Record on September 9, 2015. ternal Revenue Code of 1986 to exempt care program. Army nomination of Matthew P. Tarjick, S. 1042 to be Lieutenant Colonel. employees with health coverage under Army nomination of Judith S. Meyers, to TRICARE or the Veterans Administra- At the request of Mr. MENENDEZ, the be Major. tion from being taken into account for name of the Senator from Florida (Mr. Army nominations beginning with Thomas purposes of determining the employers NELSON) was added as a cosponsor of S. W. Wisenbaugh and ending with Harold P. to which the employer mandate applies 1042, a bill to amend the Outer Conti- Xenitelis, which nominations were received under the Patient Protection and Af- nental Shelf Lands Act to permanently by the Senate and appeared in the Congres- fordable Care Act. prohibit the conduct of offshore drill- sional Record on September 9, 2015. ing on the outer Continental Shelf in Army nomination of Michael A. Blaine, to S. 281 be Colonel. At the request of Mr. BLUNT, the the Mid-Atlantic, South Atlantic, and Navy nomination of Terry A. Petropoulos, name of the Senator from Nebraska North Atlantic planning areas. to be Lieutenant Commander . (Mrs. FISCHER) was added as a cospon- S. 1249 By Mr. THUNE for the Committee on Com- sor of S. 281, a bill to require a Federal At the request of Mr. MENENDEZ, the merce, Science, and Transportation. name of the Senator from Minnesota * Sarah Elizabeth Feinberg, of West Vir- agency to include language in certain educational and advertising materials (Mr. FRANKEN) was added as a cospon- ginia, to be Administrator of the Federal sor of S. 1249, a bill to amend the Fair Railroad Administration. indicating that such materials are pro- Credit Reporting Act to provide protec- * Nomination was reported with rec- duced and disseminated at taxpayer ex- pense. tions for active duty military con- ommendation that it be confirmed sub- sumers, and for other purposes. ject to the nominee’s commitment to S. 520 S. 1334 respond to requests to appear and tes- At the request of Mr. CARDIN, the At the request of Ms. MURKOWSKI, the name of the Senator from California tify before any duly constituted com- names of the Senator from New Jersey (Mrs. FEINSTEIN) was added as a co- mittee of the Senate. (Mr. BOOKER) and the Senator from (Nominations without an asterisk sponsor of S. 520, a bill to amend the Louisiana (Mr. VITTER) were added as were reported with the recommenda- Neotropical Migratory Bird Conserva- cosponsors of S. 1334, a bill to strength- tion that they be confirmed.) tion Act to reauthorize the Act. en enforcement mechanisms to stop il- f S. 619 legal, unreported, and unregulated fish- INTRODUCTION OF BILLS AND At the request of Mr. CARDIN, the ing, to amend the Tuna Conventions JOINT RESOLUTIONS name of the Senator from South Da- Act of 1950 to implement the Antigua kota (Mr. ROUNDS) was added as a co- Convention, and for other purposes. The following bills and joint resolu- sponsor of S. 619, a bill to include tions were introduced, read the first S. 1375 among the principal trade negotiating At the request of Mr. DURBIN, the and second times by unanimous con- objectives of the United States regard- name of the Senator from Oregon (Mr. sent, and referred as indicated: ing commercial partnerships trade ne- MERKLEY) was added as a cosponsor of By Mr. MENENDEZ (for himself, Mr. gotiating objectives with respect to S. 1375, a bill to designate as wilderness SCHUMER, Mrs. GILLIBRAND, and Mr. discouraging activity that discourages, certain Federal portions of the red BOOKER): S. 2207. A bill to require the Secretary of penalizes, or otherwise limits commer- rock canyons of the Colorado Plateau State to offer rewards of not less than cial relations with Israel, and for other and the Great Basin Deserts in the $10,000,000 for information that leads to the purposes. State of Utah for the benefit of present arrest or conviction of suspects in connec- S. 637 and future generations of people in the tion with the bombing of Pan Am Flight 103; At the request of Mr. CRAPO, the United States. to the Committee on Foreign Relations. name of the Senator from Colorado S. 1565 By Mrs. MURRAY (for herself, Ms. (Mr. BENNET) was added as a cosponsor At the request of Mr. REED, the name BALDWIN, Mr. BLUMENTHAL, Mr. of the Senator from New Mexico (Mr. BROWN, Ms. CANTWELL, Mr. FRANKEN, of S. 637, a bill to amend the Internal Mrs. GILLIBRAND, Ms. KLOBUCHAR, Revenue Code of 1986 to extend and UDALL) was added as a cosponsor of S. Mr. LEAHY, Ms. MIKULSKI, Mr. SAND- modify the railroad track maintenance 1565, a bill to allow the Bureau of Con- ERS, Ms. HIRONO, and Mr. CASEY): credit. sumer Financial Protection to provide S. 2208. A bill to promote the economic se- S. 682 greater protection to servicemembers. curity and safety of survivors of domestic vi- S. 1719 olence, dating violence, sexual assault, or At the request of Mr. TOOMEY, the name of the Senator from Arizona (Mr. At the request of Ms. COLLINS, the stalking, and for other purposes; to the Com- name of the Senator from Alaska (Ms. mittee on Health, Education, Labor, and FLAKE) was added as a cosponsor of S. Pensions. 682, a bill to amend the Truth in Lend- MURKOWSKI) was added as a cosponsor By Mr. CRAPO: ing Act to modify the definitions of a of S. 1719, a bill to provide for the es- S. 2209. A bill to revise various laws that mortgage originator and a high-cost tablishment and maintenance of a Na- interfere with the right of the people to ob- mortgage. tional Family Caregiving Strategy, and tain and use firearms for all lawful purposes; for other purposes. S. 746 to the Committee on the Judiciary. S. 1937 By Mr. BLUMENTHAL (for himself, At the request of Mr. GRASSLEY, the At the request of Mr. UDALL, the name of the Senator from New Mexico Ms. BALDWIN, and Mr. MARKEY): name of the Senator from Maine (Mr. S. 2210. A bill to require the Secretary of (Mr. HEINRICH) was added as a cospon- KING) was added as a cosponsor of S. Veterans Affairs to carry out a program to sor of S. 746, a bill to provide for the es- 1937, a bill to amend the Richard B. establish peer specialists in patient aligned tablishment of a Commission to Accel- Russell National School Lunch Act and care teams at medical centers of the Depart- erate the End of Breast Cancer. ment of Veterans Affairs, and for other pur- the Child Nutrition Act of 1966 to im- poses; to the Committee on Veterans’ Af- S. 773 prove nutrition in tribal areas, and for fairs. At the request of Mrs. MURRAY, the other purposes. By Mr. MORAN (for himself and Mr. name of the Senator from Maryland S. 1982 UDALL): (Ms. MIKULSKI) was added as a cospon- S. 2211. A bill to authorize additional uses At the request of Mr. CARDIN, the sor of S. 773, a bill to prevent harass- names of the Senator from North Caro- of the Spectrum Relocation Fund; to the ment at institutions of higher edu- Committee on Commerce, Science, and lina (Mr. TILLIS), the Senator from Transportation. cation, and for other purposes. Montana (Mr. DAINES), the Senator S. 776 f from Arizona (Mr. FLAKE) and the Sen- At the request of Mr. ROBERTS, the ator from West Virginia (Mrs. CAPITO) ADDITIONAL COSPONSORS name of the Senator from Minnesota were added as cosponsors of S. 1982, a S. 12 (Ms. KLOBUCHAR) was added as a co- bill to authorize a Wall of Remem- At the request of Mr. BLUNT, the sponsor of S. 776, a bill to amend title brance as part of the Korean War Vet- name of the Senator from West Vir- XVIII of the Social Security Act to im- erans Memorial and to allow certain

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.011 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7547 private contributions to fund the Wall establish guidelines for United States VA. Suicide rates are even higher of Remembrance. foreign development and economic as- among those veterans who do not use S. 2009 sistance programs, and for other pur- VA for the health care services. Given At the request of Mr. WYDEN, the poses. the stigma and reluctance of some vet- name of the Senator from Oregon (Mr. AMENDMENT NO. 2621 erans to seek mental health treatment, MERKLEY) was added as a cosponsor of At the request of Mr. WYDEN, the veterans using VA for primary care S. 2009, a bill to prohibit the sale of name of the Senator from Massachu- may be missing a key entry point to arms to Bahrain. setts (Ms. WARREN) was added as a co- the peer support model of care. Ex- panding this effective model into the S. 2042 sponsor of amendment No. 2621 pro- primary care setting could provide an- At the request of Mrs. MURRAY, the posed to S. 754, an original bill to im- other opportunity for veterans to ac- name of the Senator from Hawaii (Mr. prove cybersecurity in the United cess mental health services through SCHATZ) was added as a cosponsor of S. States through enhanced sharing of in- VA. That is why, today, I am intro- 2042, a bill to amend the National formation about cybersecurity threats, ducing—with my cosponsors Senators Labor Relations Act to strengthen pro- and for other purposes. BALDWIN and MARKEY—the Veteran tections for employees wishing to advo- AMENDMENT NO. 2716 Partners’ Efforts to Enhance Re- cate for improved wages, hours, or At the request of Mr. BURR, the integration, Veteran PEER Act, a bill other terms or conditions of employ- names of the Senator from Wisconsin that would expand the peer support ment and to provide for stronger rem- (Mr. JOHNSON), the Senator from Ari- model of care for mental health serv- edies for interference with these rights, zona (Mr. MCCAIN), the Senator from ices within the VA system to help en- and for other purposes. Delaware (Mr. CARPER), the Senator sure that veterans receive the effective S. 2089 from Iowa (Mr. GRASSLEY) and the Sen- and timely care they deserve. At the request of Ms. CANTWELL, the ator from South Dakota (Mr. THUNE) VA has begun a program to co-locate name of the Senator from Rhode Island were added as cosponsors of amend- mental health care providers within (Mr. WHITEHOUSE) was added as a co- ment No. 2716 proposed to S. 754, an primary care settings in an effort to sponsor of S. 2089, a bill to provide for original bill to improve cybersecurity promote effective treatment of com- investment in clean energy, to em- in the United States through enhanced mon mental health conditions in the power and protect consumers, to mod- sharing of information about cyberse- primary care environment. This is a ernize energy infrastructure, to cut curity threats, and for other purposes. positive step; however, the peer sup- pollution and waste, to invest in re- f port model of care for mental health search and development, and for other services has not been similarly inte- purposes. STATEMENTS ON INTRODUCED grated. Research on the use of the peer BILLS AND JOINT RESOLUTIONS S. 2145 support model of care for mental At the request of Mr. GRAHAM, the By Mr. BLUMENTHAL (for him- health services within the VA has name of the Senator from New York self, Ms. BALDWIN, and Mr. shown that Peer Specialists helped pa- (Mrs. GILLIBRAND) was added as a co- MARKEY): tients become more active in treat- sponsor of S. 2145, a bill to make sup- S. 2210. A bill to require the Sec- ment, which can promote recovery. plemental appropriations for fiscal retary of Veterans Affairs to carry out Peer support was recognized by the year 2016. a program to establish peer specialists Centers for Medicare and Medicaid S. 2148 in patient aligned care teams at med- Services as an evidence-based practice ical centers of the Department of Vet- At the request of Mr. WYDEN, the in 2007; and over 20 states have Med- name of the Senator from Massachu- erans Affairs, and for other purposes; icaid reimbursement for peer support to the Committee on Veterans’ Affairs. setts (Mr. MARKEY) was added as a co- services. In response to the President’s sponsor of S. 2148, a bill to amend title Mr. BLUMENTHAL. Mr. President, August 2014 Executive Orders to im- XVIII of the Social Security Act to in 2013, the VA estimated that about 1.5 prove mental health services for vet- prevent an increase in the Medicare million veterans required mental erans, VA committed to integrating part B premium and deductible in 2016. health services, which VA provides in a and expanding the peer support model variety of settings. In addition to the of care beyond traditional mental S. 2152 traditional VA medical centers, vet- health settings into primary care clin- At the request of Mr. CORKER, the erans may access mental health serv- ics in order to better connect with vet- names of the Senator from Arkansas ices and support through Vet Centers— erans wherever they seek care. How- (Mr. BOOZMAN) and the Senator from which often appeal to veterans because ever, progress toward placing Peer Spe- Michigan (Mr. PETERS) were added as of their welcoming, home-like environ- cialists in primary care teams has been cosponsors of S. 2152, a bill to establish ment; Community Based Outpatient slow. a comprehensive United States Govern- Clinics, which play an important role The Veteran PEER bill would require ment policy to encourage the efforts of in telehealth delivery by connecting VA to expand its use of Peer Special- countries in sub-Saharan Africa to de- rural veterans to psychiatry services ists—VA employees who promote vet- velop an appropriate mix of power solu- from the medical center home-base, a erans’ recovery by sharing their own tions, including renewable energy, for Veterans Crisis Line, VA staff on col- recovery stories, providing encourage- more broadly distributed electricity lege and university campuses, and ment, and teaching skills needed for access in order to support poverty re- other outreach efforts. Another impor- successful recovery. These profes- duction, promote development out- tant means of delivering mental health sionals may also provide case manage- comes, and drive economic growth, and services has been the inclusion of men- ment assistance, help with accessing for other purposes. tal health professionals within primary the right mental health care, and teach S. 2166 care delivery through VA’s Patient coping and self-advocacy skills. In gen- At the request of Mr. BLUNT, the Aligned Care Teams, which improves eral, peer support programs aim to de- name of the Senator from Pennsyl- the screening process and allows pro- velop veterans’ self-management skills vania (Mr. CASEY) was added as a co- viders to recognize and treat mental and restore participation in work and sponsor of S. 2166, a bill to amend part health issues occurring among those other social roles. Recognizing this ef- B of title IV of the Social Security Act veterans who present in their primary fective model of care, this bill would to ensure that mental health care locations. require VA to establish Peer Special- screenings and assessments are pro- In addition to providing ongoing care ists in Patient Aligned Care Teams vided to children and youth upon entry to veterans with mental health needs, within VA medical centers to promote into foster care. VA plays a role in suicide risk assess- the use and integration of mental S. 2184 ment and prevention among veterans. health services into the primary care At the request of Mr. ISAKSON, his According to VA, about one-quarter of setting. Over a two year period, the name was added as a cosponsor of S. the 18 to 22 veterans who die by suicide program would be carried out in 25 lo- 2184, a bill to direct the President to each day were receiving care through cations.

VerDate Sep 11 2014 05:16 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.016 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7548 CONGRESSIONAL RECORD — SENATE October 27, 2015 The bill directs VA to take into con- ignated by the Secretary as polytrauma cen- ting. DBSA strongly supports the require- sideration the needs of female veterans ters. ment that VA medical centers give special when establishing peer support pro- (B) Not fewer than ten shall be medical consideration to the needs of female vet- erans when designing the pilot programs and grams, ensure that female Peer Spe- centers of the Department that are not des- ignated by the Secretary as polytrauma cen- ensure that female peer support specialists cialists are made available to veterans ters. are available in each of the pilot locations. through the program, and consider (2) CONSIDERATIONS.—In selecting medical We also welcome the collection and report- rural and underserved areas when se- centers for the program under paragraph (1), ing of data that will provided to Congress lecting program locations. VA would be the Secretary shall consider the feasibility every six months from the pilot. The VA uti- required to regularly report to Con- and advisability of selecting medical centers lizes the largest number of peer support spe- gress on the progress of the program in the following areas: cialists in the nation. As such, this data will (A) Rural areas and other areas that are help improve the role of the peer support including on its benefits to veterans specialists within the VA and throughout and their family members and data on underserved by the Department. (B) Areas that are not in close proximity America’s entire health care system. the gender of clients served by the pro- to an active duty military installation. As the leading peer-led organization sup- porting individuals with mood disorders and gram. Given that VA is one of the larg- (C) Areas representing different geographic their families, DBSA understands the impor- est employers of Peer Specialists, VA’s locations, such as census tracts established tance of peer support for individuals with a regular reporting on the program by the Bureau of the Census. behavioral health condition. We feel strongly would not only allow Congress to con- (d) GENDER-SPECIFIC SERVICES.—In car- rying out the program at each location se- that expanded use of peer specialists within duct appropriate oversite of the activi- the VA will increase veteran engagement in lected under subsection (c), the Secretary ties, but could also provide important their care, and lead to better outcomes and shall ensure that— sustained wellness. We applaud you for lead- insights for the wider peer support (1) the needs of female veterans are specifi- ing this new effort and stand ready to sup- community. cally considered and addressed; and port the VA as it implements this pilot pro- Given the pressing need for mental (2) female peer specialists are included in gram. the program. health services, it is imperative that Sincerely, (e) REPORTS.— we equip VA with the resources and or- ALLEN DOEDERLEIN, (1) PERIODIC REPORTS.— ganizational structure it needs to care President, for veterans who access these services (A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, Depression and Bipolar Support Alliance. and to find ways to reach more vet- and not less frequently than once every 180 NATIONAL ALLIANCE ON erans with effective mental health days thereafter until the Secretary deter- MENTAL ILLNESS, services when they need them. Expand- mines that the program is being carried out Arlington, VA, October 26, 2015. ing the peer support model into the pri- at the last location to be selected under sub- Hon. RICHARD BLUMENTHAL, section (c), the Secretary shall submit to mary care setting could provide an- U.S. Senate, Congress a report on the program. other opportunity for veterans to ac- Washington, DC. (B) ELEMENTS.—Each report required by cess mental health services through DEAR SENATOR BLUMENTHAL: On behalf of VA. As a nation we have asked more of subparagraph (A) shall include the following: the National Alliance on Mental Illness (i) The findings and conclusions of the Sec- these individuals than most of us can (NAMI), I am writing to offer our strong sup- retary with respect to the program during port for your proposed legislation, the Vet- comprehend. We must now honor the the 180-day period preceding the submittal of promise we made as a nation—to take eran Partners’ Efforts to Enhance Re-Inte- the report. gration (PEER) Act. As the nation’s largest care of those who have taken care of (ii) An assessment of the benefits of the organization representing people living with us. program to veterans and family members of serious mental illness and their families, Mr. President, I ask unanimous con- veterans during the 180-day period preceding NAMI is pleased to support this important sent that the text of the bill and let- the submittal of the report. legislation. ters of support be printed in the (2) FINAL REPORT.—Not later than 180 days As you know, the Department of Veterans after the Secretary determines that the pro- Affairs (VA) currently uses Peer Specialists RECORD. gram is being carried out at the last location to assist veterans living with mental illness. There being no objection, the mate- to be selected under subsection (c), the Sec- These Peer Specialists do a tremendous job rial was ordered to be printed in the retary shall submit to Congress a report de- in helping veterans’ access mental health RECORD, as follows: tailing the recommendations of the Sec- services and navigate the complicated VA S. 2210 retary as to the feasibility and advisability health care system. Every day they promote of expanding the program to additional loca- Be it enacted by the Senate and House of Rep- recovery through development of self-man- tions. resentatives of the United States of America in agement skills and assistance in moving to- Congress assembled, ward employment and community integra- Chicago, IL, October 14, 2015. tion. SECTION 1. SHORT TITLE. Hon. RICHARD BLUMENTHAL, Your PEER bill would direct the VA to es- This Act may be cited as the ‘‘Veteran U.S. Senate, tablish a pilot program to assess the feasi- Partners’ Efforts to Enhance Reintegration Washington, DC. bility of ‘‘going to scale’’ in the VA with a Act’’ or the ‘‘Veteran PEER Act’’. DEAR SENATOR BLUMENTHAL: On behalf of peer support program built on Patient SEC. 2. PROGRAM ON ESTABLISHMENT OF PEER the Depression and Bipolar Support Alliance Aligned Care Teams within VA medical cen- SPECIALISTS IN PATIENT ALIGNED (DBSA), it is with great pleasure that I en- ters across the nation. This would be a major CARE TEAM SETTINGS WITHIN MED- dorse the Veteran Partners’ Efforts to En- step forward in promoting integration of ICAL CENTERS OF DEPARTMENT OF hance Re-integration (PEER) Act. This bill mental health services into primary care VETERANS AFFAIRS. addresses a critically important gap within settings. Your bill would also direct the VA (a) PROGRAM REQUIRED.—The Secretary of the U.S. Department of Veterans Affairs to specifically take into consideration the Veterans Affairs shall carry out a program (VA) that inhibits access to behavioral needs of female veterans when designing to establish peer specialists in patient health services. We look forward to working pilot programs and to ensure that female aligned care teams at medical centers of the with you to improve veterans’ access to care. peer support specialists are available in each Department of Veterans Affairs to promote Since 2013, the VA has effectively used peer of the pilot locations. the use and integration of mental health support specialists to enhance behavioral NAMI strongly supports this effort to ex- services in a primary care setting. health care delivered to veterans in behav- pand access to peer specialists in the VA. (b) TIMEFRAME FOR ESTABLISHMENT OF PRO- ioral health settings. Yet, a majority of vet- Thank you for bringing this important legis- GRAM.—The Secretary shall carry out the erans in need of behavioral health care will lation forward. NAMI looks forward to work- program at medical centers of the Depart- enter the VA system through a primary care ing with you to ensure its swift passage. ment as follows: center. To help create the necessary connec- Sincerely, (1) Not later than 180 days after the date of tion from primary care to behavioral health MARY GILIBERTI. the enactment of this Act, at not fewer than services, the PEER Act will utilize behav- ten medical centers of the Department. ioral health peer support specialists to assist MILITARY OFFICERS ASSOCIATION (2) Not later than two years after the date veterans in various primary care settings. OF AMERICA of the enactment of this Act, at not fewer Specifically, the bill will require the VA to Alexandria, VA, October 26, 2015. than 25 medical centers of the Department. establish a pilot program to assess the feasi- Hon. RICHARD BLUMENTHAL, (c) SELECTION OF LOCATIONS.— bility and advisability of establishing peer Ranking Member, Committee on Veterans Af- (1) IN GENERAL.—The Secretary shall select support specialists in Patient Aligned Care fairs, U.S. Senate, Washington, DC. medical centers for the program as follows: Teams within VA medical centers to pro- DEAR SENATOR BLUMENTHAL: On behalf of (A) Not fewer than five shall be medical mote the use and integration of mental the more than 390,000 members of the Mili- centers of the Department that are des- health services into the primary care set- tary Officers Association of America

VerDate Sep 11 2014 06:25 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.019 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 27, 2015 CONGRESSIONAL RECORD — SENATE S7549

(MOAA), I’m writing to thank you for spon- amendment SA 2716 proposed by Mr. BURR of Standards and Technology,’’ after ‘‘Sec- soring the ‘‘Veteran Partners Efforts to En- (for himself and Mrs. FEINSTEIN) to the bill retary’’. hance Reintegration (PEER) Act,’’ a bill S. 754, to improve cybersecurity in the On page 96, line 19, strike ‘‘likely,’’ and in- that would establish a two-year pilot pro- United States through enhanced sharing of sert ‘‘likely’’. gram that requires the Department of Vet- information about cybersecurity threats, erans Affairs to establish peer specialists in and for other purposes. On page 96, line 22, strike ‘‘present’’ and in- patient aligned care teams at 25 medical cen- f sert ‘‘present,’’. ter locations. MOAA has long supported peer support TEXT OF AMENDMENTS Beginning on page 103, strike line 10 and programs as a means to enhance delivery of SA 2749. Mr. BURR (for himself and all that follows through page 105, line 24, and health care services. By extending VA’s ex- insert the following: Mrs. FEINSTEIN) proposed an amend- isting mental health peer support model into (1) IN GENERAL.—Not later than 60 days ment to amendment SA 2716 proposed the primary care setting helps to further re- after the date of enactment of this Act, the duce barriers in accessing mental health by Mr. BURR (for himself and Mrs. Secretary, in consultation with the Director services while also supporting the Depart- FEINSTEIN) to the bill S. 754, to improve of the National Institute of Standards and ment’s current efforts at integrating mental- cybersecurity in the United States Technology and the Secretary of Homeland physical health care concurrently to in- through enhanced sharing of informa- Security, shall convene health care industry crease system capacity. All veterans deserve access to mental tion about cybersecurity threats, and stakeholders, cybersecurity experts, and any health care when they need it and wherever for other purposes; as follows: Federal agencies or entities the Secretary they may live. As such, we are particularly On page 11, line 3, strike ‘‘period’’ and in- determines appropriate to establish a task grateful for special consideration in this leg- sert ‘‘periodic’’. force to— islation for female veterans and those living On page 11, line 10, strike ‘‘532’’ and insert (A) analyze how industries, other than the in rural or underserved areas. ‘‘632’’. health care industry, have implemented On page 20, line 21, strike ‘‘measures’’ and I greatly appreciate your leadership and strategies and safeguards for addressing cy- look forward to the passage of this timely insert ‘‘measure’’. bersecurity threats within their respective legislation. On page 56, line 8, strike ‘‘and’’ and all that Sincerely, follows through ‘‘(7)’’ on line 9 and insert the industries; (B) analyze challenges and barriers private NORBERT RYAN, Jr., following: President. (7) the term ‘‘national security system’’ entities (notwithstanding section 102(15)(B), has the meaning given the term in section excluding any State, tribal, or local govern- AMERICAN PUBLIC HEALTH ASSOCIATION, 11103 of title 40, United States Code; and ment) in the health care industry face secur- October 23, 2015. (8) ing themselves against cyber attacks; Hon. RICHARD BLUMENTHAL, On page 57, line 8, strike ‘‘and’’. (C) review challenges that covered entities On page 57, line 11, strike the period at the Ranking Member, Senate Committee on Vet- and business associates face in securing end and insert ‘‘; and’’. erans’ Affairs, Washington, DC. On page 57, between lines 11 and 12, insert networked medical devices and other soft- DEAR RANKING MEMBER BLUMENTHAL: On the following: ware or systems that connect to an elec- behalf of the American Public Health Asso- tronic health record; ciation, a diverse community of public ‘‘(4) the term ‘national security system’ (D) provide the Secretary with information health professionals who champion the has the meaning given the term in section health of all people and communities, I write 11103 of title 40, United States Code. to disseminate to health care industry stake- in support of the Veteran Partners’ Efforts On page 64, lines 14 and 15, strike ‘‘Not- holders for purposes of improving their pre- to Enhance Reintegration Act, which would withstanding section 202, in this subsection’’ paredness for, and response to, cybersecurity require the inclusion of peer support special- and insert ‘‘In this subsection only’’. threats affecting the health care industry; ists in Patient Aligned Care Teams within On page 69, line 13, strike ‘‘all taken’’ and (E) establish a plan for creating a single medical centers at the Department of Vet- insert ‘‘taken all’’. On page 76, line 22, insert ‘‘and the Direc- system for the Federal Government to share erans Affairs. information on actionable intelligence re- Rates of mental illness are disproportion- tor of the Office of Management and Budget’’ after ‘‘Intelligence’’. garding cybersecurity threats to the health ately high among U.S. veterans, particularly care industry in near real time, requiring no posttraumatic stress disorder, substance On page 77, lines 12 and 13, strike ‘‘, as de- abuse disorders, depression, anxiety and fined in section 11103 of title 40, United fee to the recipients of such information, in- military sexual trauma. Nearly 50 percent of States Code’’. cluding which Federal agency or other entity On page 77, line 14, insert ‘‘and the Direc- combat veterans from Iraq report that they may be best suited to be the central conduit have suffered from PTSD, and close to 40 per- tor of the Office of Management and Budget’’ to facilitate the sharing of such information; cent of these same veterans report problem after ‘‘Intelligence’’. and On page 78, between lines 2 and 3, insert alcohol use. In 2010, about 22 veterans died (F) report to Congress on the findings and the following: each day as a result of suicide. Military cul- (d) RULE OF CONSTRUCTION.—Nothing in recommendations of the task force regarding ture promotes inner strength, self-reliance this section shall be construed to designate carrying out subparagraphs (A) through (E). and the ability to shake off injury, which an information system as a national security (2) TERMINATION.—The task force estab- may contribute to stigma surrounding men- system. lished under this subsection shall terminate tal health issues. Stigma may create a reluc- On page 78, line 18, strike ‘‘owned’’ and in- on the date that is 1 year after the date of tance to seek help and a fear of negative so- sert ‘‘used’’. enactment of this Act. cial consequences, and is the most often Beginning on page 80, line 25, strike ‘‘use’’ cited reason for why people to do not seek (3) DISSEMINATION.—Not later than 60 days and all that follows through ‘‘other’’ on page after the termination of the task force estab- counseling or other mental health services. 81, line 6, and insert ‘‘intrusion detection and Through a peer support model of care, Peer lished under this subsection, the Secretary prevention capabilities under section Specialists—veterans who have recovered or shall disseminate the information described are recovering from a mental health condi- 230(b)(1) of the Homeland Security Act of 2002 for the purpose of ensuring the security in paragraph (1)(D) to health care industry tion—provide veterans with assistance in ac- stakeholders in accordance with such para- cessing mental health services, navigating of’’. On page 84, line 25, strike ‘‘Act’’ and insert graph. the health care system and skills needed for ‘‘Act of 2015’’. (4) RULE OF CONSTRUCTION.—Nothing in this a successful recovery. Expanding the peer On page 85, between lines 11 and 12, insert subsection shall be construed to limit the support model to the primary care setting the following: may offer a key entry point for those reluc- antitrust exemption under section 104(e) or (D) the Committee on Commerce, Science, tant to access mental health services. The the protection from liability under section and Transportation of the Senate; 106. bill would also direct the VA to take into On page 86, line 26, insert ‘‘the Director of consideration the needs of female veterans the National Institute of Standards and (e) CYBERSECURITY FRAMEWORK.— and locations that are underserved. (1) IN GENERAL.—The Secretary shall estab- Thank you for your commitment to the Technology and’’ after ‘‘coordination with’’. On page 88, line 8, strike ‘‘non-civilian’’ lish, through a collaborative process with health and wellbeing of U.S. veterans and to and insert ‘‘noncivilian’’. the Secretary of Homeland Security, health improving access to mental health services On page 89, line 23, insert ‘‘, the Director of within the VA. care industry stakeholders, the National In- the National Institute of Standards and stitute of Standards and Technology, and Sincerely, Technology,’’ after ‘‘Director’’. GEORGES C. BENJAMIN, MD, any Federal agency or entity the Secretary On page 91, line 11, strike ‘‘203 and 204’’ and determines appropriate, a single, voluntary, Executive Director. insert ‘‘303 and 304’’. f On page 91, line 21, insert ‘‘, in consulta- national health-specific cybersecurity frame- work that— AMENDMENTS SUBMITTED AND tion with the Director of the National Insti- tute of Standards and Technology,’’ after (A) establishes a common set of voluntary, PROPOSED ‘‘Security’’. consensus-based, and industry-led standards, SA 2749. Mr. BURR (for himself and Mrs. On page 92, line 9, insert ‘‘, in consultation security practices, guidelines, methodolo- FEINSTEIN) proposed an amendment to with the Director of the National Institute gies, procedures, and processes that serve as

VerDate Sep 11 2014 02:27 Mar 16, 2016 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD15\OCT 2015\S27OC5.REC S27OC5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7550 CONGRESSIONAL RECORD — SENATE October 27, 2015 a resource for cost-effectively reducing cy- all that follows through ‘‘therefrom.’’ and in- mittee on Foreign Relations be author- bersecurity risks for a range of health care serting ‘‘title if the offense involves an ac- ized to meet during the session of the organizations; cess device issued, owned, managed, or con- Senate on October 27, 2015, at 10 a.m. (B) supports voluntary adoption and imple- trolled by a financial institution, account The PRESIDING OFFICER. Without mentation efforts to improve safeguards to issuer, credit card system member, or other address cybersecurity threats; entity organized under the laws of the objection, it is so ordered. (C) is consistent with the security and pri- United States, or any State, the District of SELECT COMMITTEE ON INTELLIGENCE vacy regulations promulgated under section Columbia, or other Territory of the United Mr. BLUNT. Mr. President, I ask 264(c) of the Health Insurance Portability States.’’. unanimous consent that the Select and Accountability Act of 1996 (42 U.S.C. f Committee on Intelligence be author- 1320d–2 note) and with the Health Informa- tion Technology for Economic and Clinical AUTHORITY FOR COMMITTEES TO ized to meet during the session of the Health Act (title XIII of division A, and title MEET Senate on October 27, 2015, at 2 p.m. IV of division B, of Public Law 111–5), and The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES the amendments made by such Act; and objection, it is so ordered. (D) is updated on a regular basis and appli- Mr. BLUNT. Mr. President, I ask cable to the range of health care organiza- unanimous consent that the Com- f tions described in subparagraph (A). mittee on Armed Services be author- (2) LIMITATION.—Nothing in this subsection ized to meet during the session of the PRIVILEGES OF THE FLOOR shall be interpreted as granting the Sec- Senate on October 27, 2015, 9 a.m. retary authority to— Mr. REED. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that Jeremy Kuester, a (A) provide for audits to ensure that health objection, it is so ordered. care organizations are in compliance with fellow in my office, be granted privi- the voluntary framework under this sub- COMMITTEE ON COMMERCE, SCIENCE, AND leges of the floor for the remainder of section; or TRANSPORTATION the session. (B) mandate, direct, or condition the award Mr. BLUNT. Mr. President, I ask The PRESIDING OFFICER. Without of any Federal grant, contract, or purchase unanimous consent that the Com- objection, it is so ordered. on compliance with such voluntary frame- mittee on Commerce, Science, and work. Transportation be authorized to meet f (3) NO LIABILITY FOR NONPARTICIPATION.— during the session of the Senate on Oc- Nothing in this title shall be construed to tober 27, 2015, at 4 p.m., in room S–207 ORDERS FOR WEDNESDAY, subject a health care organization to liabil- ity for choosing not to engage in the vol- of the Capitol. OCTOBER 28, 2015 untary activities authorized under this sub- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I section. objection, it is so ordered. ask unanimous consent that when the On page 107, line 10, strike ‘‘shall each’’ COMMITTEE ON ENERGY AND NATURAL Senate completes its business today, it and insert ‘‘shall’’. RESOURCES On page 107, lines 11 and 12, strike ‘‘each adjourn until 10 a.m. on Wednesday, Comptroller General of the United States Mr. BLUNT. Mr. President, I ask October 28; that following the prayer and’’. unanimous consent that the Com- and pledge, the morning hour be On page 110, strikes lines 6 through 16. mittee on Energy and Natural Re- deemed expired, the Journal of pro- On page 111, lines 8 and 9, strike ‘‘under sources be authorized to meet during ceedings be approved to date, and the subsection (b)’’ and insert ‘‘pursuant to sec- the session of the Senate on October 27, time for the two leaders be reserved for tion 9(a) of Executive Order 13636 of Feb- 2015, at 9 a.m., in room SD–366 of the ruary 12, 2013 (78 Fed. Reg. 11742), relating to their use later in the day; that fol- identification of critical infrastructure Dirksen Senate Office Building. lowing leader remarks, the Senate be where a cybersecurity incident could reason- The PRESIDING OFFICER. Without in a period of morning business until 12 ably result in catastrophic regional or na- objection, it is so ordered. noon, with Senators permitted to tional effects on public health or safety, eco- COMMITTEE ON FINANCE speak therein for up to 10 minutes nomic security, or national security’’. Mr. BLUNT. Mr. President, I ask On page 111, strike lines 22 through 24 and each. insert the following: unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Finance be authorized to Resources of the Senate; objection, it is so ordered. (F) the Committee on Energy and Com- meet during the session of the Senate merce of the House of Representatives; and on October 27, 2015, at 9 a.m., in room f (G) the Committee on Commerce, Science, SD–215 of the Dirksen Senate Office and Transportation of the Senate. Building, to conduct a hearing entitled ADJOURNMENT UNTIL 10 A.M. On page 112, line 3, add a period at the end. ‘‘The Internal Revenue Service’s Re- TOMORROW On page 112, strike lines 4 through 10. sponse to Committee Recommenda- On page 113, line 14, strike ‘‘intrusion’’. Mr. MCCONNELL. Mr. President, if Beginning on page 114, strike line 7 and all tions Contained in its August 5, 2015 there is no further business to come be- that follows through page 115, line 9. Report.’’ fore the Senate, I ask unanimous con- On page 115, after line 9, add the following: The PRESIDING OFFICER. Without sent that it stand adjourned under the SEC. 408. STOPPING THE FRAUDULENT SALE OF objection, it is so ordered. previous order. FINANCIAL INFORMATION OF PEO- PLE OF THE UNITED STATES. COMMITTEE ON FOREIGN RELATIONS There being no objection, the Senate, Section 1029(h) of title 18, United States Mr. BLUNT. Mr. President, I ask at 6:23 p.m., adjourned until Wednes- Code, is amended by striking ‘‘title if—’’ and unanimous consent that the Com- day, October 28, 2015, at 10 a.m.

VerDate Sep 11 2014 06:38 Oct 28, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A27OC6.022 S27OCPT1 emcdonald on DSK67QTVN1PROD with SENATE