E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, TUESDAY, JULY 31, 2012 No. 115 Senate The Senate met at 10 a.m. and was appoint the Honorable CHRISTOPHER A. significant, are down, and it is a cha- called to order by the Honorable CHRIS- COONS, a Senator from the State of Dela- otic place. There are 600 million people TOPHER A. COONS, a Senator from the ware, to perform the duties of the Chair. in India who are without electricity. State of Delaware. DANIEL K. INOUYE, As we have been told time and time President pro tempore. again, the most important issue we PRAYER Mr. COONS thereupon assumed the have facing this country today for se- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. curity is cyber. We have been told that fered the following prayer: f by the Joint Chiefs of Staff and by the head of the CIA. We have been told Let us pray. RECOGNITION OF THE MAJORITY Creator God, who has nurtured us that by Democrats and Republicans. It LEADER throughout the seasons of our sojourn, is an issue that is important, and we give to the Members of this body the The ACTING PRESIDENT pro tem- have been told it is something we can love, strength, and wisdom to do Your pore. The majority leader is recog- prevent. will. Keep them walking in the paths of nized. If we don’t do this bill, it is not a question of if there will be a cyber at- righteousness and let them feel Your f abiding presence in times of joy and tack that will be devastating to our sadness. Lord, empower them to hold SCHEDULE country, it is only a question of when. fast to the good will that unites them, Mr. REID. Mr. President, we are al- It can be stopped. I hope the chamber of commerce will get some sense. making them instruments of Your pur- ready on S. 3414, which is the cyber se- curity bill. The time until 2:15 p.m., is There was a big meeting in the poses to bring peace in our days, peace Chamber yesterday. They were moving for debate only, and the time until to our souls, peace to our families, forward on all that was bad about the 12:30 p.m. will be equally divided be- peace to our country, and peace among bill. The problem is they were dealing tween the two leaders or their des- nations. May they be moved by Your with the wrong bill. So I hope we can ignees. The majority will control the majesty and motivated by the mag- get something done. It is extremely nitude of the responsibilities You have first hour and the Republicans the sec- important that we do. entrusted to them. ond hour. There will be a Senators-only brief- We pray in Your mighty Name. The Senate will recess from 12:30 p.m. ing today at 5 p.m. in the Visitor Cen- Amen. until 2:15 p.m. for the weekly caucus ter today in SVC–217. meetings. f f I will alert everyone to this: I hope PLEDGE OF ALLEGIANCE those people, led by Senator LIEBER- MEASURES PLACED ON THE The Honorable CHRISTOPHER A. COONS MAN and Senator COLLINS, will work to CALENDAR—S. 3457 AND H.R. 4078 led the Pledge of Allegiance, as follows: come up with a finite list of amend- Mr. REID. I am told there are two I pledge allegiance to the Flag of the ments so we can move on the cyber se- bills at the desk due for a second read- United States of America, and to the Repub- curity bill. ing. lic for which it stands, one nation under God, I spoke to the Republican leader yes- The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. terday and have been very patient and pore. The Senator is correct. The clerk f tried to get a list of amendments we will report the bills by title for the sec- APPOINTMENT OF ACTING can agree on. I hope that can be done ond time. PRESIDENT PRO TEMPORE soon. It is very important that we The legislative clerk read as follows: make a determination of whether we A bill (S. 3457) to require the Secretary of The PRESIDING OFFICER. The are going to be able to get a bill. There Veterans Affairs to establish a veterans job clerk will please read a communication is not a lot of time left to tread water, corps, and for other purposes. to the Senate from the President pro A bill (H.R. 4078) to provide that no agency so to speak. tempore (Mr. INOUYE). may take any significant regulatory action This is an important piece of legisla- The legislative clerk read the fol- until the unemployment rate is equal to or tion. All one needs to do is look at less than 6.0 percent. lowing letter. what is going on in India today. There Mr. REID. Mr. President, I object to U.S. SENATE, are no cyber problems there that I am PRESIDENT PRO TEMPORE, any further proceedings with regard to Washington, DC, July 31, 2012. aware of, but one-half of the country of these bills at this time. To the Senate: India is without electricity today. The ACTING PRESIDENT pro tem- Under the provisions of rule I, paragraph 3, Transportation has been shut down, fi- pore. Objection is heard. The bills will of the Standing Rules of the Senate, I hereby nancial networks in India, which are be placed on the calendar.

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

S5691

.

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.000 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5692 CONGRESSIONAL RECORD — SENATE July 31, 2012 AFFORDABLE CARE ACT unintended pregnancies of all industri- Blood pressure checks, childhood im- Mr. REID. Mr. President, I am going alized nations. Half of all pregnancies munizations without cost sharing is to spend a few minutes talking about in America are unplanned. Of those un- part of what is in this bill. It used to be the Affordable Care Act. I wonder how intended pregnancies, about half wind a bill; now it is the law. many people on the Republican side up in abortion. Increasing access to Starting tomorrow—again, Wednes- today are going to talk about contraception is the most effective way day of this week—women will no longer ObamaCare. If they do, they should be to reduce unintended pregnancies and have to reach in their pockets to pay in a very positive state. We know that reduce the number of abortions, but for wellness checkups. They can do as a result of this bill, the Affordable the high cost is often a barrier. screening for diabetes, HPV testing, Care Act, people are getting or soon That is why, in 1997, OLYMPIA SNOWE sexually transmitted infection coun- will get a rebate. One of the things we and I began a bipartisan effort to pre- seling, HIV screening and counseling, did—led by Senator FRANKEN and oth- vent unintended pregnancies by ex- breastfeeding support, domestic vio- ers—was make sure that 80 percent of panding access to contraception. It has lence screening and counseling. That is the money paid for premiums goes to not been an easy path, but we did make all in the law starting tomorrow. All patient care and any amount that a start. As part of this effort, we helped women in new insurance plans will doesn’t has to be refunded to the pa- pass a law ensuring Federal employees have access to all forms of FDA-ap- tients. That is in the process now. In access to contraception. It was a big proved contraception without having issue. That was 15 years ago or more. It the month of August, all those moneys to shell out more money on top of their is an issue that is still important, but will come back in a significant amount premiums. Ending insurance company we started it, and I am very happy to Americans who, in effect, are part of discrimination will help millions more about that. OLYMPIA SNOWE was ter- programs that spend too much on sala- women afford the care they need when ries for bosses. rific to work with. When this benefit took place in 1999, they need it. It will restore basic fair- Also, we are going to talk a little bit ness to the health care system. Some- today about what this Affordable Care premiums did not go up one single dime because neither did health care times the practical thing to do is also Act does for women in America. As I the right thing to do, and that is what said, I am going to speak very briefly, costs—not one penny. It was rewarding to note that a pro-life Democrat and the legislation we worked so hard to but we are going to have people come— pass is all about. It is about doing the as soon as I and the Republican leader pro-choice Republican were able to confront the issue with a practical eye right thing for everyone. Today we are finish—to talk about good things in going to focus on women. this bill for women. I will touch on rather than a political eye. It is unfor- them very briefly. tunate that over the last 15 years an f There is no question this bill that idea that started as a common-ground RECOGNITION OF THE MINORITY was signed by President Obama is a proposal has become so polarizing in landmark piece of legislation. It sig- Congress. The controversy is quite LEADER naled an end to insurance company dis- strange when we consider that almost The ACTING PRESIDENT pro tem- crimination among many but espe- 99 percent of women have relied on con- pore. The Republican leader is recog- cially against those who are ill, those traception at some point in their lives, nized. and many have struggled to afford it. with a preexisting condition, and espe- f cially against women. The Affordable Care Act will ensure As a result of this bill we passed, that insurance companies treat women REPEAL OF OBAMACARE being a woman is no longer a pre- fairly and treat birth control as any Mr. MCCONNELL. Mr. President, I existing disability in America. For other preventive service. might say to my friend the majority Prior to Senator SNOWE and me doing many years, insurance companies leader before he leaves the floor that I charged American women higher pre- this, anything a man wanted they got. listened carefully to his speech about miums. Why? Because they are women. Viagra, fine; we will take care of that. what most Americans refer to as For years, American women have un- Anything a man wanted they got—but ObamaCare. Given the fact that our fairly borne the burden of the high cost not a woman. The law doesn’t just friends on the other side are going to of contraception as well. Even women guarantee women’s access to contra- focus on that bill this particular week, with private insurance often wind up ception, it assures their access to many I think it might be a good idea to have spending hundreds of dollars more each other lifesaving procedures as well. a vote on it, on the pending bill. year for birth control. Today, women Thanks to the health care bill—the It would be my intent to offer an of reproductive age spend two-thirds Affordable Care Act—insurance compa- more out of their own pockets for nies are already required to cover pre- amendment that I know my friend does health care costs than men, largely due ventive care such as mammograms. not support, but nevertheless many to the high cost of birth control. But For a person who is able to have a Americans would like to know. Since starting tomorrow—Wednesday of this mammogram, it is lifesaving. Most we have spent a good deal of time posi- week—new insurance plans must cover people in the Senate know my wife is tioning over the last few months on contraception and many other preven- battling breast cancer. She had a mam- various and assorted issues, I think it tive health services for women. How mogram in December and in August would be appropriate to have a vote on much? No additional pay at all. Under discovered a lump in her breast. Think the repeal of ObamaCare, and I hope to health care reform, about 47 million of what would have happened if she had be able to offer that amendment during women, including almost 400,000 women waited 1 year because she couldn’t af- the pendency of the bill on cyber secu- in Nevada, will have guaranteed access ford that mammogram. Frankly, the rity, which we believe will be open to to those additional preventive services thought of it is very hard for me to amendments. I wonder if my friend without cost sharing. comprehend because even though she thinks that might be something both Many on the other side downplayed had that mammogram in December, sides might agree would be a good idea. the importance of these benefits or she had found it and was in stage 3 of Mr. REID. Mr. President, I wonder if fought to repeal them altogether. It is breast cancer. It has been very dif- the official reporter could show the big hard to comprehend but true. Forcing ficult. What if she waited an extra smile on my face. Can my colleagues American women to continue strug- year? Many people wait a lot longer imagine how ridiculous my friend the gling with the high price of contracep- than an extra year. Republican leader’s statement is. Lis- tion has very real consequences. Every Colonoscopies save lives. I was talk- ten to what he said. We are doing cyber year millions of women in the United ing to one of my friends in the Senate security. We have talked about the States put off doctors’ visits because who is going to have his done. They do dangers of cyber security if we don’t do they can’t afford the copay and mil- it every 5 years. It takes at least 10 something about it. He is now telling lions more skip pills or shots to save years for polyps to develop into cancer, me he wants a vote to repeal all the money. and some polyps develop into cancer if stuff I just talked about on the cyber It is no mystery why the United they are not taken out. People need to security bill? That is very difficult to States has one of the highest rates of have this done. comprehend.

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.002 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5693

I think we should understand that I Mr. REID. Mr. President, my friend 31⁄2 years into his Presidency their don’t think a woman getting contra- asked me a question. wages are still stagnant while their de- ception has a thing to do with shutting Mr. MCCONNELL. I believe I have pendency on government assistance ac- down the power grids in America or the the floor. tually continues to rise. Wages are financial services in America or our The ACTING PRESIDENT pro tem- stagnant, and dependence on govern- water systems or our sewer systems. pore. The Republican leader has the ment assistance continues to rise. That is what cyber security is all floor. In some cases the President doesn’t about, not whether a woman can have Mr. REID. OK. I won’t answer the even bother with the sales jobs; he just contraception or whether she can have question then. keeps his plans a secret. That is what a wellness check to find out if she has f we are now seeing with the defense cancer from not having had a mammo- DEFENSE SEQUESTER cuts he demanded during last year’s gram. budget negotiations. Literally for Mr. MCCONNELL. Mr. President, 4 Mr. DURBIN. Mr. President, will the weeks, Republicans asked the Presi- years after the great recession began, majority leader yield for a question? dent to tell the American people how millions of Americans are still looking Mr. REID. I would be happy to yield. he planned to carry out these cuts. He for work, millions more have literally Mr. DURBIN. I would like to ask the refused. majority leader, do I remember cor- dropped out of the workforce alto- Mr. President, the Senate is not in rectly that the very first amendment gether, and uncertainty about our Na- order. on the Transportation bill was offered tion’s future continues to spread. The by Senator BLUNT of Missouri on fam- stories of disappointment and of loss The ACTING PRESIDENT pro tem- ily planning? So is there a family plan- haven’t diminished; they have, in fact, pore. The Senate will be in order. ning amendment available on every multiplied. The Republican leader. bill now that will be offered by the Re- What is worse, a President who was Mr. MCCONNELL. As I was saying, publican side? elected on a pledge that he would turn for weeks Republicans asked the Presi- I know the House Republicans have all those things around is still pointing dent to tell the American people how had 30 or 33 votes to repeal ObamaCare. the finger at his predecessor. Three and he plans to carry out these cuts. He Are we going to try to match them a half years after he took office, he is simply refused to do so. So last week with similar efforts in the Senate? acting as though he just showed up. I Congress passed legislation requiring Mr. REID. My response to my friend think most Americans are smart him to do so. In fact, it cleared the is this: I try to be very calm about enough to know he has made things Senate, I believe, unanimously. things in life generally, especially worse. He has hammered small busi- Then yesterday there was this: An things here on the floor, but I can’t re- nesses with a barrage of new regula- Assistant Secretary down at the De- main very calm about this. I have, as tions, with dozens more in the pipeline. partment of Labor is now telling people do a lot of people I know, 16 grand- He expects them to plan for the future they are under no legal obligation to children. They are evenly divided be- without even knowing what their tax let employees know if they will lose tween boys and girls. I want my grand- and health care liabilities will be. Last their jobs as a result of these cuts. Let daughters to be treated so that if they week he even spearheaded a legislative me say that again. We have an Assist- want to go get some contraception, effort to take even more of what nearly ant Secretary of Labor who just yester- have some contraceptive device while 1 million of these small businesses day said that employers are under no in school at New York University or earn, and then he told Republicans legal obligation to tell their employees Berkeley—I am bragging that they got that if we don’t go along with it, he they may lose their jobs as a result of into those schools—they should have will raise taxes on everybody else. these cuts. In other words, the Presi- the ability to do that. That was the message last week: Ei- dent is trying to keep those folks in I just can’t imagine what we are ther give me what I want—raise taxes the dark about whether they can ex- talking about here on the Senate floor. on 1 million of our most successful pect to lose their jobs. Why? Well, I Cyber security is one of the most im- small businesses—or we will let think it is pretty obvious: to insulate portant—it is the most important everybody’s taxes go up, is what he himself from the political fallout that issue, as I have already said. If my col- said at the end of the week. In other will result. The President doesn’t want leagues want to talk to General words, he used small businesses as lit- people reading about pink slips in the Petraeus, he will tell us about what it tle more than a bargaining chip. The weeks before his election, so the White is, or General Dempsey will tell us week before that he told business own- House is telling people to keep the ef- what the important issue is. The No. 1 ers that they are not really responsible fects of these cuts a secret—don’t tell issue today is whether we are going to for what they have built. Listen to anybody, he says, keep it a secret— have bad people attack our country that. To business owners, the President until, of course, after the election. and shut it down. Now we are here said: You are not really responsible for Once again, a President who holds him- being asked if we are going to have a what you have built. No amount of self out as a great defender of the mid- vote, on cyber security, as to when my White House spin or manufactured out- dle class and the goals of organized grandchildren can have contraception. rage can change what the President labor is putting his own political goals The ACTING PRESIDENT pro tem- said in Roanoke, and no amount of fin- ahead of the hard-working Americans pore. The Republican leader. ger-pointing can change the fact that who will be affected by these policies. Mr. MCCONNELL. I guess the answer his policies have actually made things Rather than let those who will be af- is no. worse. fected by the cuts know about them, he My friends are going to spend the But what is most upsetting to a lot of will make everybody nervous. week lauding the advantages as they us is the fact that the administration 1 1 see them of an immensely unpopular pretends its policies would help the For 3 ⁄2 years—3 ⁄2 long years—this bill that was passed a couple of years economy or create jobs when it knows President has pushed an ideological ago on a straight party-line vote— they won’t. It knows these policies are agenda without regard for the con- ObamaCare. Yet, in a week in which, not going to create any jobs. What is sequences it would have on the very apparently, they are going to laud the most upsetting is the deception that middle-class Americans he purports to various positions of it, they are not lies at the heart of so many of the sales defend. willing to have a vote in support of it. jobs, from health care to the stimulus. The President may not want to So I gather that is a vote we will not Americans wanted the President to admit it, but the economic mess we are have. I will request the opportunity to focus on jobs, and he focused on a in is his legacy—his legacy. After 31⁄2 do that again. After listening to my health care bill that we now learn not years of finger-pointing—31⁄2 years of good friend the majority leader, I an- only includes a tax on the middle class finger-pointing—he owes it to the ticipate such a request would likely be but will lead to hundreds of thousands American people to be straight about blocked. of fewer jobs. Now the President claims it. On another matter—— he is fighting for the middle class, but Mr. President, I yield the floor.

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.004 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5694 CONGRESSIONAL RECORD — SENATE July 31, 2012 CYBERSECURITY ACT OF 2012 mammograms away from us. Well, that plain about the President. We want to The ACTING PRESIDENT pro tem- just went too far. pound the table and make sure women pore. The clerk will report the pending So during the health care debate, have gotten the health care they need. business. while everybody was being a bean Tomorrow, we are going to be very The legislative clerk read as follows: counter, I wanted American women to excited when we keep the doors of doc- A bill (S. 3414) to enhance the security and know they could count on the Senate tors’ offices open to the women of resiliency of the cyber and communications and the women and men of the Senate America. infrastructure of the United States. to stand up for them. So we came to Mr. President, I yield the floor. The ACTING PRESIDENT pro tem- the floor. We suited up, and we fought The ACTING PRESIDENT pro tem- pore. The Senator from Maryland. for a preventive health care amend- pore. The Senator from New York. Ms. MIKULSKI. Mr. President, every ment that not only passed but goes Mr. SCHUMER. Mr. President, first, I Senator has to decide what they are into effect tomorrow, on August 1. It wish to give two thank-yous: first, to going to do every day when they wake will be a new day for women of all ages, my colleague from California for let- up in the morning. For some in this who will be able to get health care cov- ting me go ahead of her—I have a Fi- Chamber, they wake up every day erage for preventive health care at no nance Committee meeting—and sec- thinking about how they are going to additional cost, no copays, no ond, to both my colleague from Mary- stop President Obama, how they are deductibles, and no discrimination land and my colleague from California, going to stop his agenda, and how they where they are charged more and get whose voices are so clear and clarion. I are going to do everything they can to less. That is what ObamaCare is. If love to listen to the Senator from stop him from having a second term. somebody wants to repeal that, then Maryland. She speaks right to the peo- ple. She has it. She gets it. And do you Some spend their time waking up every bring it on. We are ready to fight. We know what. If we could get every day thinking about how they want to want to fight for that annual health American in a giant football stadium stop America from moving forward. care checkup that will involve mam- and they could listen to Senators MI- That is not how I spend my day. I try mograms, Pap testing, and pelvic KULSKI and BOXER on health care, 80 to look at two things every day: the exams. We want to be able to do the percent would be for it. So I want to needs of my people—their day-to-day screening for that dread ‘‘C’’ word, for salute them and salute particularly needs for a job, for an opportunity, for colorectal cancer and lung cancer. We Senator MIKULSKI for putting both the health care—and how that translates want to make sure that if a person event earlier today and these speeches into national policy; then I try to look thinks they are possibly a victim—a together. at the long range needs of our country. doctor suspects domestic violence—we I heard the minority leader speak, That is why I am excited about being can screen and counsel. We want and it meant two things. First, it on the Intelligence Committee, where I women to be able to have that access, meant the Republican party does not am working on protecting America to be able to know early on what are want to do cyber security. It means the from the cyber attacks that are hap- those illnesses they are facing. greatest threat to our Nation—prob- pening every day to our country, in- August 1 means our long-fought bat- ably even greater than terrorism, if cluding the stealing of identity and the tle will actually go into effect. Where you speak to some of our intelligence stealing of trade secrets. I want to does it go into effect? Well, it is al- and military experts—will not be dealt move America forward. I have worked ready in effect on the Federal law with because we know what he is very hard to do that. books. Now it will go into effect in doc- doing. He is asking for an unreasonable One of the areas I am most proud of tors’ offices. Women will have access to demand, unrelated to cyber security, to that I have worked on with the men the health care their doctor says they go on the floor, knowing that will stop and women in this Chamber from both need, not what an insurance company us from moving forward. sides of the aisle is the whole area of says they need or what some right- It is a sad day. We have some of our women’s health care. Many want to winger wants to take away from them. colleagues from the other side of the talk about repealing Obama health We are pretty mad about this. We aisle talking about that we must not care. Well, I don’t want to repeal it. were mad 2 years ago when they want- abandon defense. Well, one of the They talk about replacing it. They ed to take our mammograms away strongest things the defense of our Na- never have an idea. So let me tell my from us, and we are going to be pretty tion needs is a strong cyber security colleagues one of the areas we fought mad if they try to take our health care bill. Because special interests—the for. away from us. But what we are happy Chamber of Commerce and others—do One of the things we knew as we em- about—what we are happy about—is not want it, even though every mili- barked upon the health care debate was that for over more than 50 million tary and intelligence leader has said that we wanted to save lives and we American women tomorrow it will be a how vital it is, it seems the other par- wanted to save money. One of the areas new day. They will be able to walk into ty’s tea leaves show that the other where we wanted to do both was to their doctor’s office. In the doctor’s of- party is going to block us from going look at how to utilize the new sci- fice they will say: Good morning. Can I forward. It is unfortunate and it is sad. entific breakthroughs in prevention, help you? And when they say: When Then, second, the way he chose to particularly early detection and was the last time you had a mammo- block cyber security could not be worse screening. We could identify those dis- gram, and the patient says: Well, I in terms of substance and in terms of eases with early intervention and save never had one because I could not af- timing. Today, July 31, the minority lives as well as money and counteract ford it, they will say: Oh, we can sign leader wants to put on the floor the re- escalating disease that ultimately you right up for that. Tell me about peal of so many things that are going costs more and can even cost a life. your family history. Is it true that to happen tomorrow to women and to Nowhere was it more glaring than your father had colon cancer? Well, lis- men across America that benefit them. with the issue of women’s health care. ten, we worry about that for you. You So his timing could not be worse. The My hearings revealed that women were could be at high risk. We are going to very day before we are going to see charged more for their health care and take a look at that and make sure you huge benefits for the American people, got less than men of equal age and are OK. he wants us to debate repeal. Why health care status. We found that we For young women, we are going to don’t we let the American people see had barriers to health care because ev- make sure you have other kinds of the good parts of health care before we erything about being a woman was counseling and services you need in repeal it. And we are not going to re- treated as a preexisting condition. If a order to have a productive family life. peal it. woman had a C-section for the delivery This is what this health care bill is all I want to talk about this day—or to- of her baby, that was counted. In eight about. It is about people. It is about ac- morrow, actually—where so many por- States, they even counted domestic vi- cess. It is about preventing dread dis- tions of the Affordable Care Act go into olence as a preexisting condition. Then eases. effect. what we saw during this debate was the People will come to this floor and Three million women in my home fact that they even wanted to take our they will pound their chest and com- State of New York will benefit. From

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.005 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5695 Buffalo to Montauk, in Albany and in was intended, as was voted for, as is osteoporosis. There are things you can Manhattan, 3 million women will re- the law of the land, and we will not let do now to avoid it. But you need the ceive free basic preventive care for them deter us from bringing people screening. You need to know whether themselves and their children. So those benefits. those bones are losing their density. many women and men do not get pre- I yield the floor. They are getting flu vaccines for chil- ventive services because it is expensive The ACTING PRESIDENT pro tem- dren and the elderly. to them. These services are free. But pore. The Senator from California. This list goes into effect tomorrow. not only will they make those people Mrs. BOXER. Mr. President, I thank So let’s take a look at the list that healthier—the No. 1 goal—but they will the Senator from New York for putting goes into effect tomorrow that my Re- reduce the costs of health care because this into context for America. publican friends want to repeal today. every expert—Democrat, Independent, What has happened here this morning Tomorrow, women will get access to Republican; moderate, liberal, conserv- is, instead of celebrating with us be- all of these things without copays or ative—says if you do more prevention, cause tomorrow, August 1, an entire coinsurance: contraception, well- you are going to save money. list of preventive services for women woman visits, STD screenings and Tomorrow, so many of those preven- goes into effect because of counseling, breastfeeding support and tive services go into effect. More ObamaCare—yes, our health care law— supplies, domestic violence screenings, women will go in for annual preventive the Republican leader says he wants to gestational diabetes screenings, HIV care visits to screen for cervical, ovar- repeal all those benefits. screenings, and HPV testing. ian, and breast cancers. More women Not only does the Republican leader, I am stunned that on the eve of the will receive preconception and prenatal on behalf of the Republican minority, broadest increase in benefits in my services, so their children can grow up want to repeal the benefits that go into lifetime, the Republicans want to re- healthy, active, and strong. More effect tomorrow for women, he wants peal these benefits for women. This is a women will have access to contracep- to repeal the entire health care bill. He continuation on their part of the war tion and its additional health benefits, wants to have an amendment to the on women. They can get up and stand such as reduced risk of breast cancer cyber security bill—which is so critical on their head and deny it and every- and protection against osteoporosis. to our national security—he wants to thing else. How else can you explain New mothers will have access to sup- put an amendment on there to repeal a why, on the eve of the day that women port and supplies for breastfeeding, and law that the U.S. Supreme Court found are going to get all these benefits, they more women will be screened for do- was constitutional and whose benefits want to now cancel ObamaCare and mestic and sexual violence, sexually are beginning to take hold in this stop all this from happening? transmitted infections, and HIV. country, benefits that mean right now If you think it does not matter—let To my colleagues on the other side of people are receiving refund checks in me say to you, Mr. President, I know the aisle: When we say there is a war the mail because their insurance com- you know it matters whether women against women and they get their pany overcharged them, and under get free contraception to cut back on backs up—they want to repeal this and ObamaCare you cannot do that, and unintended pregnancies and abortion put nothing in its place, no preventive hundreds of millions of dollars are and well-woman visits and services, no access to contraception, going out to our people. The Repub- breastfeeding support. How about do- none of the things I have mentioned— licans want to, I assume, force those mestic violence screenings—so critical. yes, it is a war on women. Because if people to send back their refunds be- Some women are in these terrible rela- they cared about women and they did cause they want to repeal ObamaCare. tionships, and they go to the doctor, not like ObamaCare, they would still Look at the list of preventive health and they say: Well, I do not want to have a proposal on the floor to keep benefits I have on this chart that are talk about it. Doctors will be taught these fine pieces of the legislation already in effect because of the legisla- how to spot domestic violence, and going forward so they are not cut off tion. Already because of health re- there can be an intervention that will tomorrow, which is what they intend form—and I see Senator HARKIN in the save lives. to do, but, of course, thank God, will Chamber, who shepherded this through, So here we stand. We have this list of not happen. as our dear friend Ted Kennedy became benefits, women’s preventive health The change we are making helps sicker and sicker with brain cancer. I benefits, that are going to go into ef- every woman—who said: I would but I will never forget how Senator HARKIN fect tomorrow. cannot afford it; it is just too expen- stepped up to the plate, Senator Dodd We are here to celebrate that. And sive—finally get health care. stepped up to the plate, Senator MI- instead of our Republican colleagues Removing the copays is a great KULSKI stepped up to the plate, and coming on the floor and joining us and thing. Cutting the costs of preventive they were the lieutenants who got it saying how wonderful this is, and by care is something we long wished to do done. And the Republicans want to the way, at the end of the day this in America and can happen tomorrow. take it away. I can only imagine how saves money—we all know that. We all What about all the other benefits Senator HARKIN feels, having been in know it saves money when you have that affect men and women alike: 2.5 that fight. But I am here to say I am screening and counseling for STDs and million young adults who can stay on your supporter. I know what you did. you head off an illness. We all know it their parents’ insurance; 5.2 million I know my people in California—the saves money. The health care bill saves seniors—men and women—in the largest State in the Union—are getting money, and it reduces the deficit be- doughnut hole who save $3.7 billion on breast cancer screenings now, with no cause of this investment in prevention. prescription drugs? copays. They are getting cervical can- I cannot think of a more ridiculous sit- What about the idea that when your cer screenings, hepatitis A and B vac- uation than after a bill has become law insurance company charges you too cines, measles and mumps vaccines, for how many years now, Senator HAR- much, the money goes to profits and colorectal cancer screenings, diabetes KIN? Is it a couple of years since we salaries and trips and advertising and screenings, cholesterol screenings, passed it? Years. It went to the Su- not enough goes to health care? Start- blood pressure screenings, obesity preme Court. It was upheld. And now, ing tomorrow, you can get a rebate. We screenings, tobacco cessation, autism just as we are about to see these great know our colleagues on the other side screenings. How important is that? In benefits for women go into place, the of the aisle—to them that is anathema, my State, they say there is an epi- Republican leader says: Let’s repeal to make insurance companies give peo- demic of autism. They are getting ObamaCare today. Let’s have an ple a rebate. hearing screenings for newborns, sickle amendment on the cyber security bill, So bottom line: We want to move for- cell screenings for newborns, fluoride he said, to repeal the entire health care ward on a cyber security bill, and we supplements, tuberculosis testing for law. regret that the leader is putting logs in children, depression screenings. How The House voted 33 times, at least, to its way. And even more importantly, important is that? They are getting repeal it. So I am wondering, what is we want benefits to millions of women osteoporosis screenings. I watched as with this idea of repealing? Do you and millions of men to go forward, as my mother was in agony from want to take away these benefits from

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.006 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5696 CONGRESSIONAL RECORD — SENATE July 31, 2012 women? From children? From men? and Senator HARKIN for their leader- ical purposes. They can reduce the risk From families? Yes, I guess you do. I ship—just as I was proud back in De- of some cancers. With costs as high as guess you stand for going back to the cember of 2009 to join Senator MIKUL- $600 a year, birth control can be a seri- old days when people could hear from SKI in sponsoring the women’s health ous economic concern for many their insurance company that they amendment to the Affordable Care Act. women. Being able to now receive birth were cut off, when insurance companies We are here today celebrating the control for no cost will bring financial could spend 70 percent on themselves, fact that tomorrow, August 1, women relief to so many of those women. on their own perks, and CEOs getting will have access to important health Again, I have a story of a young hundreds of millions of dollars and you, services at no cost. Senator BOXER woman from New Hampshire who I the patient, getting hardly anything. showed very clearly what a number of think illustrates so clearly why these They want to go back. They want to those preventive services are. Thanks are such important provisions. Keri take away the refunds. They want to to the provisions of the Affordable Care Wolfe from Swanzey, NH, is a full-time take away the funding our seniors are Act that go into effect this week, graduate student at Dartmouth. She is getting as they deal with the high cost women will have access to a broad going to benefit from this provision be- of prescription drugs. And we fixed range of preventive services from well cause Keri takes birth control as a that in this bill. woman and prenatal visits to gesta- medical necessity for treating a health So I have to say, we make an invest- tional diabetes screening, and they will issue that affects her adrenal gland. ment in prevention, in keeping people have access to those services without While Keri is lucky to have insurance, healthy. We make sure being a woman copayments or deductibles. So finances she has to pay her plan’s full deduct- is not a preexisting condition. And the will no longer stand in the way of ible and then a monthly copay for her Republicans today have relaunched women getting the preventive health birth control. As a student who is try- their war against women. They are care they need. ing to balance academic and living ex- holding up the Violence Against This also has the potential to save penses, her prescriptions come at a sig- Women Act that we passed over here in our health system money in the long nificant cost annually. When her new a bipartisan way. They will not take up run. The Centers for Disease Control insurance plan goes into effect, Keri is the Senate bill and pass it. Why? They estimates that 75 percent of our health going to be able to get the full price of want to take away coverage in that bill care spending is on people with chronic her birth control covered. That is great from 30 million Americans. diseases. So by taking these preventive news in making sure she gets the They do not care about the immi- measures, we can slow this growth and health care she needs. grant population, obviously, the most the associated cost of disease. As Governor of New Hampshire, I was vulnerable women there. They do not One of those preventive measures I proud to sign legislation that required care about the college students, appar- want to talk about this morning is insurance companies to provide contra- ently. Because we get extra protections screening for gestational diabetes. As ceptive coverage to women with no re- for them on college campuses. We pro- cochair of the Senate Diabetes Caucus, ligious exemption. At that time it was tect the LGBT community. Clearly I understand the importance of gesta- understood by people on both sides of they are not interested in that. And tional diabetes screening and the im- the aisle of all religious faiths that re- they are not interested in protecting pact it can have on both the mother quiring contraceptive coverage was the Native American women. and the baby. Gestational diabetes af- about women’s health, and it was a So while the Speaker says: Oh, I will fects almost 18 percent of all preg- basic health care decision. Yet over the send conferees to a nonexistent con- nancies in the United States. Unfortu- last several months, opponents have ference on the Violence Against nately, the number of those cases is in- continued to roll back contraceptive Women Act, he could simply pass the creasing. The consequences of gesta- coverage at both the State and Federal bill and make sure everyone is pro- tional diabetes are real. Not only are level. Every woman should be able to tected. Instead of celebrating today be- there significant health effects for the make her own health care decisions. cause women are getting all these won- mother and baby during pregnancy, but She should not have to have her boss derful benefits without a copay, they researchers have found that both the stand in the way. The provisions that want to repeal all these benefits. They mother and baby may be at risk for de- go into effect tomorrow ensure that want to repeal this law. veloping type 2 diabetes later in life. women can make these decisions. Truly, I do not know what motivates By getting screened, both the mother I thank Senator MIKULSKI and Sen- them. I do not speak for them. But if and child can be alerted to potential ator HARKIN for their leadership on they say it is to save money, that is long-term health risks. women’s health. I join them in cele- simply not true. Because this bill saves I want to tell the story of one of my brating these important provisions money. This law saves money. Because constituents, Megan from Panacook, that are going to make a huge dif- we are investing in prevention. So the NH, because she is a great example of ference for women’s health, that are only thing I can think of is they want why this screening is so important. going to be good for women, for fami- to hurt this President. During her 28th week of pregnancy, lies, and for everyone in this country. The Republican leader said his high- Megan was diagnosed with gestational I yield the floor. est priority was making sure that diabetes. The screening she had alerted The ACTING PRESIDENT pro tem- President Obama is a one-term Presi- her to the potential related health pore. The Senator from Iowa. dent. So I guess if it means attacking issues and they allowed her to get the Mr. HARKIN. Mr. President, first of the health care law to hurt this Presi- necessary treatment. I am happy to re- all, let me commend the Senator from dent, he is willing to do it and hurt all port that Megan gave birth to a New Hampshire for her great leader- my constituents who are getting these healthy baby girl, Grace. She is now 8 ship as a Governor and as a Senator in benefits and all of our constituents weeks old. Under the Affordable Care this whole area of health care for who are getting these benefits, hurting Act, all pregnant women will now be women especially. She is providing the American people. able to receive the gestational diabetes great leadership in this area, continues Well, I say put politics aside. Let’s screening for free. to provide that leadership. I want to see the Republicans come down here Tomorrow also marks an important join with the Senator from New Hamp- and celebrate the fact that finally our milestone in women’s health for an- shire in saying we are not going to let people are getting the health care they other preventive service. Women, be- these provisions that now are expand- deserve and that they pay for. ginning tomorrow, will have access to ing coverage for so many women—47 I yield the floor. contraception at no cost. Birth control million women in America—we are not The ACTING PRESIDENT pro tem- is something that most women use, and going to let these roll back. We are pore. The Senator from New Hamp- it is something the medical community not. shire. believes is essential to the health of a Again, if the people of this country Mrs. SHAHEEN. Mr. President, I am woman and her family. For some 1.5 elect Mr. Romney to be President and proud to join my colleagues on the million women, birth control pills are they turn over the Senate to the Re- floor today—I thank Senator BOXER not used for contraception but for med- publicans, there it goes. It is gone. It is

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.008 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5697 gone. I did not hear this this morning, to the preventive health care of making $172,000 a year and have great but I understand the Republican leader women. That is what goes into effect health care coverage, that is not a big said this morning—I stand to be cor- tomorrow. deal. But to a low-income woman with rected. As I understand, he said they Senator BOXER very eloquently a couple of kids, working at a min- wanted the first amendment that talked about that and had the chart imum wage job, trying to scrape would be offered on the cyber security showing all of the different things that enough just to get by, $600 a year is a bill that I think is now before the Sen- will start tomorrow—an all-new plan lot of money. ate—he wanted the first amendment to that would cover women in this coun- Let me point out another facet of be a repeal of the Affordable Care Act. try—again, to keep women healthy in this issue. Somehow people think, for What timing. What timing, I say to the first place, preventive services to example, birth control pills are only to the Republican leader. On the eve of keep women healthy without copays prevent a pregnancy. There are many when we are expanding preventive and deductibles. young women of childbearing age in health care services for 47 million Right on the eve of this wonderful ex- this country who take birth control women in America, the Republican pansion of health care coverage, of pills on the advice of their doctor not leader gets up and says: We want to making sure women are not second- to avoid a pregnancy but because their vote to repeal this tomorrow. Tomor- class citizens when it comes to preven- monthly cycles are so painful that they row. Repeal it tomorrow. tion and wellness—on the very eve of can’t even work. So what are we say- Does that not kind of give you some saying to women that no longer can in- ing? A young woman who gets a pre- idea of how they feel about the women surance companies sort of say, because scription from the doctor and says it is of America and the health care of our you are a woman you have a pre- not for birth control but is for other mothers, our sisters, our daughters? existing condition—the Senate Repub- physical problems, she has to take that That is what they want. lican leader gets up and says he wants in and show it to her employer now or We have already voted 33 times to re- to have the next vote on repealing the her insurance carrier? That makes peal portions of the health care act. I health care bill. women second-class citizens again. think we voted twice in the Senate to Talk about a slap in the face to the Nonsense. repeal the whole thing. They want to women of this country. Well, I think I respect religious freedom as much have another vote. I think it is more women know what they are facing as anyone, but despite the Republican than curious that the Republican lead- coming up this fall. I point out that to- propaganda, this law doesn’t mandate er wants to vote to repeal it on the morrow about 520,000 women in Iowa that any woman has to use contracep- very day when we are expanding health will have expanded health care cov- tion, and it doesn’t force employers to care coverage for the women of Amer- erage, preventive services. We fought provide it. It gives women affordable ica. Interesting. very hard to put these into law, and we access to birth control for a variety of Tomorrow is an important day for are not going to let them repeal it. We reasons should they and their doctor American women, thanks again to key have the votes—let’s face it—in the decide it is right for them or their fam- ilies. As for religious organizations provisions of the Affordable Care Act. I Senate to stop that. The Republican that object to contraception, the Presi- do want to commend Senator MIKULSKI leader can bring it up again, and it can dent has issued a very sensible com- for her great leadership in this area, be voted on, but I think it is indicative promise to accommodate their beliefs, Senator Dodd, Senator BINGAMAN. Sen- of where they want to take this coun- while ensuring that women still have ator Kennedy, when he became ill, try. asked us to take the leadership on dif- We can stop it now, but if Mr. Rom- access to this critical service. I respect the views of all people on ferent provisions of the Affordable Care ney is elected President, he said on day these often divisive issues, and I would Act on the HELP Committee and to get one he wants to repeal it. When he is oppose any measure that threatens the it through. first sworn in he will send up legisla- fundamental religious liberties of peo- We had wonderful support from our tion to repeal it, and if the Senate and ple or institutions. But the Repub- colleagues here on the floor of the Sen- the House are in Republican hands, we licans are not motivated by a genuine ate and our committee. These provi- can kiss it goodbye. It is gone. We will desire to protect religious liberty; sions that we put in to move us from a not be able to stop it then. rather, they are determined to undo sick care system to a health care sys- It is hard to believe, but prior to the these and other benefits for women in tem—I have often said that in America Affordable Care Act essential services the Affordable Care Act. They have re- we do not have a health care system, that were unique to women, such as peatedly introduced legislation, ap- we have a sick care system. If you get maternity care, were not often in- proved by the House Appropriations sick, you will get care one way or the cluded in health plans. Tomorrow, we Committee, that allows anyone to opt other, usually in the emergency room include preventive care checkups, out of providing services to which they if you are poor, or maybe not at all if screening for gestational diabetes, and have any religious or moral objection. you do not make it to the emergency breast-feeding support and supplies. Well, one might say that sounds rea- room. But there is very little in our How many low-income women in this sonable on the face of it, but think country to keep you healthy in the country would know that the best about this. Any employer with any re- first place. Yet we know, we have good thing for their babies is breast milk? ligious or moral objection could opt data that shows preventive services up- Breast feeding, we know, is the pre- out of any coverage. They could say, front save you a lot of money and a lot ferred method of starting off babies, well, they object not only to contracep- of lives, a lot of pain and suffering but sometimes these supplies can be tion but to mammograms, prenatal later on. So in the Affordable Care Act expensive, especially if women are screening. They just have a moral ob- we put in a big provision on preventive working at a low-wage job and they jection to that based upon their reli- services. We said basically that what may need these supplies, but they can’t gious beliefs. the Preventive Services Task Force of afford it, so, therefore, they turn to an- I respect Christian scientists—I al- the Center for Disease Control and Pre- other method, to formula for the ba- ways have—and their beliefs. Can they vention—what they listed as their A bies. I am not saying formula is bad, say, well, they are not going to cover and B, those that had the, if I can use but as we know, and doctors will tell insurance for an employee who goes to their term, ‘‘best return on invest- us—every pediatrician will tell us that see a doctor for allopathic medical ment’’ or the ‘‘biggest impact,’’ that breast feeding is the best. But women care, that is not their religious belief? those would be free, there would be no would be forced to choose the less best We have to have reasonable com- copays or deductibles. option if they didn’t have these breast- promise, and I believe the President Senator MIKULSKI reminded us of feeding supports and supplies. has come up with that. So what the Re- what is obvious but not too often taken Let me take head on, if I can, this publicans would do, according to their into consideration in legislation; that idea of contraception. As the Senator leader, is rob 47 million women of these is, women are different from men. So from New Hampshire pointed out, this new preventive services. They would we asked the Institute of Medicine to can be pretty expensive—up to $600 a rob 1 million young women of the in- come up with provisions that applied year or more. For one of us who is surance they have already gained

VerDate Mar 15 2010 03:37 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.009 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5698 CONGRESSIONAL RECORD — SENATE July 31, 2012 through the Affordable Care Act, of an fordable Care Act—repeal the protec- accomplished under President Obama, extension of dependent coverage. tions that are there for families and and I was proud to vote for it. It is one America’s women will not be dragged women across America. of the most important votes I ever cast backward. They are not going to allow It is stunning that no matter what as a Member of the Senate. Those who health insurance companies to return issue we go to the Republican Senators want to repeal this so-called to the policies and abuses that hurt return to this issue of denying health ObamaCare—as Senator MCCONNELL them and their families prior to the care coverage and denying protection called for again today on behalf of the passage of the Affordable Care Act. and preventive care to our families. In Republicans—would repeal a few basic Tomorrow marks another step for- a way—the Senator touched on it—it is things we should not forget. Every ward in transforming our current sick pretty easy for a Senator to come to family in America has a child with a care system into a true health care the floor and talk about somebody preexisting condition. Think of asth- system, and many women will now ex- else’s health care because, as you and I ma, diabetes, or a history of cancer. perience this firsthand. We are going know, and Senator MCCONNELL knows, Under our law, they cannot be denied forward. The Republicans can bring it the health care we have as Members of health insurance coverage. We protect up time and time again. They have the Senate—American families would those kids, and we protect their fami- sent a very clear signal to the women die for the health care we have. We lies. The Senate Republicans want to of America that whatever they gain have the best health care insurance in repeal it. Seniors across America who out of the Affordable Care Act—all the world, and we have it in a govern- are paying for prescription drugs and these benefits—they are going to take ment-administered plan that protects going into their savings to fill the them away from women if they put every Senator and their family. We are doughnut hole each year are getting a them in office. lucky. We are in the Federal Employ- helping hand from the affordable I think the women of America need ees Health Benefits Plan. I believe peo- health care act. The Senate Repub- to have some deep soul searching about ple across America should have the licans want to repeal it. Families who they want deciding their fate in same opportunity for the same type of across America with kids fresh out of the future, after this next election. health care. college looking for jobs and can’t find I yield the floor. I am still waiting for the first Repub- them or have a job without good health The ACTING PRESIDENT pro tem- lican Senator who gets up on the floor care can still be covered under their pore. The Senator from Illinois. and denounces government-adminis- parents’ policy until the young person Mr. DURBIN. First, I thank my col- tered health care to walk to the well reaches the age of 26. That is what the league from Iowa, Senator HARKIN, for and say: As a proof of my sincerity, I affordable health care act does. The the clarity of his statement, for his am going to abandon my own health Senate Republicans want to repeal it. sincerity and, most importantly, for insurance as a Senator. Not one has And tomorrow 47 million women in his leadership. We have the Affordable done that, not a single one. America will have preventive screening Care Act because of TOM HARKIN, Chris So for the Senators who come to the so they can be healthy on an affordable Dodd, BARBARA MIKULSKI, and others floor, their wives will still be protected basis and be mothers giving birth to who worked hard to make sure it was by our health insurance, and their healthy babies. That is in this new law, here to help families all across Amer- daughters will still be protected. The and the Senate Republicans want to re- ica, particularly those in low-income question we have to ask is, Should the peal it. situations. protection we have as Senators for our This isn’t just a war against the pill. Like Senator HARKIN, I was stunned families be available to others all This isn’t just a war against family this morning when the Republican across America? That is what this is planning. It is literally a war against leader came to the floor and said: The about. women. And the statements of the Sen- first thing we want to do is to repeal Tomorrow is the launch of an amaz- ate Republican leader on the floor all of this health care preventive care ing development in health care protec- today are proof positive that they have that will be available across America, tion for our families. I applaud it. My one focus, and that is to take away including the provisions that go into wife and I are still celebrating because these protections we built into the law. effect tomorrow protecting 47 million our daughter gave birth to twins in No- I am happy to yield the floor for our of our women and family members all vember. We have twin grandchildren— leader on this issue, my colleague from across the United States—2 million in now 8 months old. They got through Washington State. Illinois, I might add, will be helped by the pregnancy well; she was cared for The PRESIDING OFFICER (Mr. this. They insist on bringing up on the and did just great. We are so proud of MANCHIN). The Senator from Wash- pending bill on the Senate floor this our daughter, our son-in-law, and their ington. amendment to basically remove the family. I think about the provision Mrs. MURRAY. Mr. President, I come protection for these women that is that will go into effect tomorrow. The to the floor today very excited about built into the Affordable Care Act. Senator from Iowa knows that preg- the great progress America is going to I have to say to Senator HARKIN, we nant women in danger of gestational make tomorrow, August 1, for women can’t be too surprised at this. Does the diabetes that could threaten their lives across this country and to share the Senator remember the very first and the lives of the babies they are car- outrage I just heard from the Senator amendment the Republicans offered on rying will have preventive screening to from Illinois and others that before the Transportation bill—a bill that we protect them. those even go into effect tomorrow, on wanted to pass to build highways and Don’t come to the floor and tell me the eve of this great opportunity for so airports? Remember what Senator you are pro-life and pro-family and you many women, the Republican leader BLUNT, the Republican from Missouri, oppose that. If you want a healthy has come to the floor and said: We offered as the first Republican amend- mom and baby, this screening that want to repeal it—first amendment, on ment to the Transportation bill? It was starts tomorrow for millions of Amer- an issue not related at all to cyber se- on family planning. Family planning ican women is going to be a step for- curity but to take those away before on transportation? I guess some late ward, a positive step toward uneventful they even begin. night comedian can make a connec- births and healthy babies. Think about It is an exciting moment for women tion, but I don’t get it. the care and screening for cancer and in this country. Two years ago health Now we have the pending cyber secu- for all of the problems that women insurance companies could deny rity bill to protect America from a face. women care due to so-called pre- cyber attack that could cost American I see Senator MURRAY on the Senate existing conditions such as pregnancy lives—something we are told is the No. floor. She has been an extraordinary or being a victim of domestic vio- 1 threat to America—and Senator leader on this issue. I will yield to her lence—denied. Two years ago women MCCONNELL comes to the floor on be- in a moment. were legally discriminated against half of the Republicans and says: This All those who are on this campaign when it came to insurance premiums bill won’t go forward unless we can to repeal ObamaCare—that was their and were often paying more for cov- offer an amendment to repeal the Af- slur on that, and we accept it. It was erage than their male counterparts.

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.010 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5699 Two years ago women did not have ac- these important protections for owners of cyber space and then give cess to the full range of recommended women, that women are taking advan- them the voluntary option to abide by preventive care, such as mammograms tage of today, and certainly something those standards—that all of those add- or prenatal screenings, that the Sen- we all should want for our families and ons, all of those realities that will be ator from Illinois talked about. Two our daughters and for the women in created by passage of this bill are des- years ago insurance companies had all this country. I know they apparently perately needed now. The fact is they the leverage. Two years ago, too often, think repealing the entire health care were needed yesterday. They were women paid the price. That is why I am law would be a political winner for needed last year. so proud today to come to the floor them, but the truth is that this law is That is why I am so disheartened to with so many of our colleagues to high- a winner for women and for men and hear this morning that our friends in light just how far we have come for for children and for our health care the Republican caucus are talking women in the past 2 years and the new system overall. about introducing an amendment to ways women will benefit from health So I am proud to be out here with my this bill that will repeal ObamaCare, as care reform starting tomorrow, August colleagues today who are committed to they call it. There is a day for that, but 1. making sure the benefits of this law do it is not this week on this bill. Frank- Since the Affordable Care Act be- not get taken away from the women of ly, I feel the same way about some of came the law of the land, women have America because politics and ideology the gun control amendments that have now been treated more fairly when it should not matter when it comes to been submitted by members of the comes to health care costs and options. making sure women across America Democratic caucus. Those amendments Deductibles and other expenses have get the care they need at a cost they deserve debate at some point but not been capped, so a health care crisis can afford. this week on this bill. won’t cause a family to lose their home Mr. President, I yield the floor. We can get this bill done and protect or their life savings. Women can use The PRESIDING OFFICER. The Sen- our security. Nobody believes that we the health care exchanges to pick qual- ator from Connecticut. are going to repeal ObamaCare this ity plans that work for themselves and Mr. LIEBERMAN. Mr. President, as week or that we are going to adopt gun their families. And if they change jobs the Senate now turns its attention to control legislation. Those are making a or have to move, which so many people the pending legislation that aims to statement. They are sending a political have to do today, they can keep their enhance our Nation’s cyber defenses, I message. And they will get in the way coverage. would like to take a few moments to of us protecting our national security. Starting tomorrow, August 1, addi- review where we are because I think So I appeal to my colleagues on both tional types of maternity care are the bill we now have on the floor brings sides, pull back these irrelevant going to be covered. Women will be us closer than ever to an agreement on amendments. Let’s have a full and open armed with the proper tools and re- a way to better defend our country, our debate on cyber security, and let’s get sources in order to take the right steps prosperity, and our security against it done this week. There are already to have a healthy pregnancy. Starting what is emerging as the most signifi- more than 70 amendments filed that tomorrow, women will have access to cant threat we face today, bigger than are germane or relevant. domestic partner violence screening a conventional attack by a foreign The PRESIDING OFFICER. The time and counseling, as well as screening for enemy, bigger even than Islamist ter- for the majority has expired. sexually transmitted infections. Start- rorism, a threat that is very different Mr. LIEBERMAN. I ask my friend ing tomorrow, women will finally have from anything we have faced before from Kansas if I could have 2 more access to affordable birth control so we and so probably hard for most Ameri- minutes. can lower rates in maternal and infant cans to conceptualize but, trust me, it The PRESIDING OFFICER. Is there mortality and reduce the risk of ovar- is here. That is why it is so important. objection? Without objection, it is so ian cancer and improve overall health We have come closer than ever to an ordered. outcomes and encourage far fewer un- agreement, but we are not there yet. Mr. LIEBERMAN. I thank the Sen- intended pregnancies and abortions, I have come to the floor to say to my ator from Kansas. which is a goal we all share. colleagues that those of us who sponsor There are already 70 amendments I also wish to note that the afford- the pending legislation—Senators filed, so we don’t have time to sit here able contraceptive policy we put in FEINSTEIN, ROCKEFELLER, COLLINS, and staring at each other while we could be place preserves the rights of all Ameri- I—are eager to continue to work with working through them. The truth is cans while also protecting the rights of our colleagues toward a broad bipar- that we have a number of amendments millions of Americans who do use con- tisan solution to this urgent national on which we are ready to take votes, traceptives, who believe that family security threat—crisis. Obviously, to but of course we need cooperation from planning is the right choice for them, do that we have to begin processing both sides in order to nail down that and who don’t deserve to have politics amendments, and they have to be what agreement with the consent that is re- or ideology prevent them from getting the majority leader has said: germane quired. the coverage they deserve and want. or relevant. The majority leader has Before I yield the floor, I wish to un- Starting tomorrow, women will be said we will have an open amendment derscore that while there are impor- fully in charge of their health care, not process, and I thank him for that. No tant issues we still need to work an insurance company. That is why I filling of the tree here. But the amend- through this week, the reality is that feel so strongly that we cannot go back ments have to be germane or relevant. because Senators on all sides have been to the way things were. While we can We are dealing with a national security willing to compromise, we have a gold- never stop working to make improve- crisis unlike any we have faced before. en opportunity to prove we can work ments, which we all know are impor- A broad bipartisan group of us met together when it counts the most, tant, we owe it to the women of Amer- with the leaders of our cyber defense which is in defense of our security and ica to make progress and not allow the agencies yesterday—not political peo- prosperity. Leading sponsors of the clock to be rolled back on their health ple, not partisan people—and they ur- pending bill, leading sponsors of the care needs. gently appealed to us to pass this legis- leading opposition bill, SECURE IT, Despite the recent Supreme Court de- lation in this session of Congress. It and leaders of the peacemakers in be- cision upholding this law, I know some gives them authority to protect us that tween led by Senators KYL and WHITE- of our Republican colleagues are furi- they don’t have now. Frankly, they HOUSE have been meeting for the last ously working to undo all the gains we worry that without that authority to week and making progress. And I have made in health care reform for share information with the private sec- would say that what was once a wide women and families. We heard the mi- tor, for the private sector to share chasm separating us is now a narrow nority leader this morning come to the cyber threat information with each ridge, which we can bridge—and I firm- floor, and he wants to offer an amend- other without fear of liability, for the ly believe we will—with good faith on ment on the next bill that is now com- government to have the ability to cre- all sides, in a willingness to com- ing up on cybersecurity to repeal all of ate some standards for the private promise. You can rarely get 100 percent

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.012 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5700 CONGRESSIONAL RECORD — SENATE July 31, 2012 of what you want in a democratic— group coming in on Tuesday are Mike tinue to speak about the pending item, small ‘‘d’’—legislature such as ours, VanCampen and Lowell Downey. S. 3414, the Cybersecurity Act of 2012, but if each side can get 75 or 80 percent These hub leaders and the many vol- and if any of my colleagues arrive, I and we can begin to fix a problem and unteers deserve our recognition for the will yield to them immediately. close the vulnerabilities that exist in hours of work, organization, and fund- Before I yielded to Senator ROBERTS our cyber infrastructure this week, we raising that go into planning these a short while ago, I made a statement will have done exactly what the Amer- trips. Thank you for what you do and that the two sides, if I can put it that ican people want us to do. That is my for setting such a fine example in re- way; that is, the sponsors of the pend- appeal to my colleagues. membering and honoring the sacrifices ing legislation, Senators COLLINS, Mr. President, I thank the Chair, and made by those who stood in defense of FEINSTEIN, ROCKEFELLER, and myself, I yield the floor. our country in World War II. and the sponsors of essentially the al- The PRESIDING OFFICER. The Sen- Kansans and all Americans should ternate approach, SECURE IT, spon- ator from Kansas. know that this program—as a matter sored by Senators MCCAIN, CHAMBLISS, Mr. ROBERTS. Mr. President, I wish of fact, the World War II Memorial HUTCHISON, and others—have been to thank my distinguished friend and itself would not even exist without our meeting. We have particularly been as- colleague, Senator LIEBERMAN, for his former Senate majority leader, the sisted by the bridge builders here— leadership and for urging Members of senior Senator from Kansas and a blessed are the peacemakers—Senators Congress to bring amendments down World War II veteran himself, Bob KYL, WHITEHOUSE, and others, and we that are germane on very serious na- Dole. Bob was instrumental in bringing have been making progress. I said what tional security issues. So I again thank the World War II Memorial to the Na- was once a chasm separating us is now him for his comments and his leader- tional Mall. And even now Bob meets a narrow ridge that we are close to bridging. Let me explain what I mean ship. personally with Honor Flight groups by that. HONOR FLIGHT NETWORK who make their way out to see their Mr. ROBERTS. Mr. President, I rise The sponsors of S. 3414, the pending memorial. When veterans learn that legislation, strongly believe that own- today to recognize a distinguished Bob Dole is at the World War II memo- group of World War II veterans from ers of critical cyber infrastructure— rial, there is a crush of veterans like a and this is a unique aspect of our free Kansas who are now visiting their Na- flock of chickens going to the mother society, thank God; 80 to 85 percent of tion’s Capital this week as part of the hen. I am not sure Bob Dole will appre- the critical infrastructure in our coun- Honor Flight Network. ciate that allegory, but at least I think The Honor Flight Network is an or- try is privately owned, including cyber that indicates everybody comes to hear infrastructure. That is the way it ganization with the main mission to him and thank him for his efforts. give veterans the opportunity to visit ought to be. But it means when critical Finally, I wish to recognize each cyber infrastructure in a new world be- their memorials on the National Mall, member of this Honor Flight trip from free of cost to the veteran. The vet- comes a target of cyber attack and Kansas visiting their memorial, and I cyber theft, that we—the rest of us erans who participate are many times ask unanimous consent that their Americans—represented by the govern- unsung heroes of World War II, and in names be printed in the CONGRESSIONAL ment, have to enter into a partnership many cases their remembrances and RECORD. with the private sector owners of crit- their stories are shared for the first There being no objection, the mate- ical cyber infrastructure so they will time and become public for the first rial was ordered to be printed in the take steps to protect the cyber space time for families and hometowns. In RECORD, as follows: that they own and operate because, if many cases, young people traveling KANSAS HONOR FLIGHT NETWORK TRIP—JULY they don’t, the whole country is in with these veterans hear the stories 31–AUG. 2, 2012—WORLD WAR II AND KOREAN jeopardy. If an electric grid is knocked and can put the stories of these famous AR ETERANS W V out, the kind of awful experiences we battles that protected our country in WORLD WAR II VETERANS have all had at different times when their local newspapers and in their Dwight E. Aldrich; William Henry Bernard; the power grid has been out in our area school newspapers. It is history—it is Eugene H. Brown; Thomas Dale Coffman; of the country will be felt perhaps for history shared, lessons learned, and Glenn J. Compton; Richard D. Ellison; Perry weeks and weeks. L. Garten; Bob F. Holdaway; Edwin D. certainly renewed thanks to the Think about it. What if the financial ‘‘greatest generation.’’ Jacques; Paul H. Koehn; Jay Edwin Kramer; Howard Russell Krohn; Howard Logan; Ralph cyber system, Wall Street, the hub of Many of these veterans are in their the systems that handle millions—tril- eighties and nineties. There are fewer Lundell; John L. Meyer; Richard Morrow Mosier; Charles G. Niemberger; Harvey L. lions, really—of transactions over and than 20,000 World War II veterans in Peck; Donald L. Revert (Don); John Russel over again, were knocked out? It would Kansas. As time marches on, that num- Roberts; Rix D. Shanline; Lowell L. Smart; have a devastating effect on our econ- ber only decreases. Nationwide, the VA Norbert E. Stigge (Doc); John D. Topham; omy, let alone the most nightmarish, estimates that approximately 740 mem- Delmar L. Yarrow; George A. Yohn; Keith R. which is that some enemy breaks into bers of the ‘‘greatest generation’’ pass Zinn. the cyber-control system of a dam each day. So I am especially pleased KOREAN WAR VETERAN holding back water and opens the dam that this Tuesday a group of 28 vet- Richard D. Wood. and floods surrounding communities erans will fly in to our Nation’s Capital I yield the floor and suggest the ab- with a terrible loss of life. We could go from Kansas to see their World War II sence of a quorum. on and on with the nightmare sce- memorial, and other memorials, and The PRESIDING OFFICER. The narios, but they are out there, and we allow us the privilege to pay homage to clerk will call the roll. are vulnerable to them. their heroism. With five regional hubs The assistant legislative clerk pro- So the sponsors of S. 3414 have felt in Kansas, there is a steady stream of ceeded to call the roll. that private sector owners of critical veteran groups making their way to Mr. LIEBERMAN. Mr. President, I infrastructure should be mandated— our Nation’s Capital. The leaders of ask unanimous consent that the order that is only the owners of the most these groups include Brian Spencer and for the quorum call be rescinded. critical infrastructure—to adopt the Bill Patterson leading the Honor The PRESIDING OFFICER. Without standards that would be set under our Flight Kansas Student Edition from objection, it is so ordered. legislation to protect their systems Lyndon, KS; Adrianne McDaniel and Mr. LIEBERMAN. Mr. President, I and our country. Sponsors of the SE- Peggy Hill, who lead the Jackson know under the order this hour is re- CURE IT Act started this debate firmly Heights Honor Flight; Beverly served for Members of the Republican convinced that the only thing we need Mortimer and Denise Cyr head up the caucus, and although I am an Inde- to do is to enhance our cyber security North Central Kansas Honor Flight out pendent, I don’t qualify exactly under information-sharing between private of Concordia, KS; Mike Kastle and Jeff the terms of the agreement to speak sector operators and between the gov- True guide the Southern Coffey County now. But seeing no Member of the Re- ernment and the private sector. We High School Honor Flight out of Leroy, publican caucus on the floor, I thought have a section in our bill that does ex- KS; and finally, the leaders of this I would take the opportunity to con- actly that, but we feel that is not

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.013 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5701 enough. We feel there also needs to be What I was impressed with yester- Let me start with title I of the bill, these standards set for the private op- day, I will say parenthetically, is which is the one on critical infrastruc- erators of the electric grid, of the though there is some controversy out ture. I think there is a growing, broad transportation system, of the financial here about who is capable of what in agreement now that the private sector system, et cetera. If both sides had just our Federal Government—and let me owners of critical infrastructure should stuck to their guns, no legislation speak frankly. Some people don’t have work with the government to develop would be possible. But when it comes much respect for the Department of what somebody yesterday called the to cyber security, no legislation, which Homeland Security. I don’t understand best cyber hygiene or standards of de- is to say the status quo, is not only un- why because they do a great job, in my fense that are needed to safeguard acceptable, it is dangerous. Some of opinion, in so many different areas, in- their facilities and the rest of us. our real—really most of our national cluding the one that is relevant here, In the original bill we had the De- security leaders in this country from cyber security. But it was clear that partment of Homeland Security play- the last two administrations, the the Department of Homeland Security, ing the singular role for the govern- George W. Bush administration and the the Department of Defense, and the ment. We broaden that now in response Barack Obama administration—have FBI are working as a team—really, like to, particularly, recommendations warned, as if in a single voice, that we a seamless team—24/7, 365 days a year from the Kyl-Whitehouse group, and we are already facing the equivalent of a to leverage each other’s capabilities to have created a new interagency council digital Pearl Harbor or a 9/11 if we provide for the common defense. They we call the national cyber security don’t shore up and defend our exposed all agreed yesterday we need to pass council, which will consist of the De- cyber flanks. The same is true of the this legislation to give them the tools partment of Homeland Security, the impact of our vulnerability in cyber they urgently need, that they don’t Department of Defense, the Depart- space to cyber theft. have without this legislation, to work ment of Commerce, the FBI, and the GEN Keith Alexander, the head of with one another and the private sec- Director of National Intelligence, as the Defense Department Cyber Com- tor. well as relevant primary regulators mand and the National Security Agen- I wish to again give thanks to Sen- when that sector of cyber structure is cy, made a speech a week or two ago in ators KYL and WHITEHOUSE, joined by which he estimated that more than $1 put forth in the council. Senators MIKULSKI, BLUNT, COONS, What do I mean by that? If they are trillion has been stolen over cyber GRAHAM, COATS, and BLUMENTHAL, who dealing with the cyber security of the space from America. He called it the have come together with a compromise financial sector of our government, largest transfer of wealth in history. proposal after a series of good-faith ne- That results from moving money out of then on those standards we would ex- gotiations and, as a result, Senators pect the Securities and Exchange Com- bank accounts that a lot of us never COLLINS, ROCKEFELLER, FEINSTEIN, and hear about because the banks believe it mission and the Treasury Department, I have made major and difficult com- for instance, among others, to be seat- would be embarrassing if we knew, the promises in our original bill in order to ed at the table to come up with an theft of industrial secrets to other move the legislation forward, to get countries that then builds from those agreement on those standards. something started, to protect our cyber We have also agreed that adoption of industrial secrets and creates the jobs security. these practices will be voluntary and in their countries that our companies I think we now have a broad agree- wanted to create here. So there is a ment on a bill containing those same that there will be no duplication of ex- unified position among national secu- cyber security standards that were in isting regulations or any new regu- rity leaders, apart from which adminis- our original bill that resulted from a latory authorities that will be added to tration they served under, that we need collaborative public-private sector law. this legislation, and we need it ur- process and negotiation. But now, in- We have also agreed that incentives gently. stead of mandating them, we are going need to be created—the carrots I spoke Several of us met with the leaders of to create incentives for the private sec- about, such as liability protection—to the cyber security agencies of this ad- tor to opt into them. We are going to entice private sector owners to adopt ministration yesterday. These are not use carrots instead of sticks. We have these practices once they have been de- political people; these are professionals added some compromises also from the veloped—totally voluntary. But I think from the Department of Homeland Se- original legislation to guarantee Mem- if we build this right, they will come. curity, the Department of Defense, the bers of the Senate and millions of peo- Although it is not mandatory, we will FBI, and others. They warned us again ple out in the country that when we set a standard, and private sector oper- that the cyber systems that are pri- act to share information from the pri- ators of critical infrastructure will vately owned and that are critical to vate sector to the government, we are want to meet that standard because our Nation’s security remain terribly going to have due regard for the pri- they will want to act in the national vulnerable to attack. They said to us, vacy of people’s data in cyber space— interests to protect their customers, and I am paraphrasing, that we need personal information—without compro- but also because when they do they this legislation to respond urgently mising our national security at all. will receive very valuable immunity and effectively to an attack on infra- There are advocates on both sides of from liability in the event of an attack structure as critical as the electric grid both the information-sharing provision or a theft. or Wall Street itself. and the critical cyber-standards provi- Look, I decided that we needed to One of the leaders in our government, sion that think we have gone too far, make the system voluntary in order to uniformed leaders, said to him today is and some think we haven’t gone far get something passed this year. I think a little bit like 1993 when it comes to enough. But while advocates on the it has a good chance of working as a cyber security; when, as we will re- outside of the Senate can hold fast to voluntary system. But if it doesn’t, and member, al-Qaida launched a precursor their particular positions, legislators the cyber threat grows as much as I attack on the Twin Towers in New on the inside of the Senate need to think it will, then some future Con- York with a truck bomb that blew up take all of these deeply held views into gress is going to come along and make in the parking garage. We all know account. Ultimately, our responsibility it mandatory. there was a loss of life then, but the is to get something done to protect our So there will be an incentive on both damage was relatively small. But al- security—it is our responsibility to the public and private sector—particu- Qaida persisted and, of course, on 9/11 pass a law—and we have done that larly the private sector—to make this succeeded in bringing down the two here. voluntary system work. God forbid be- towers of the World Trade Center. This I wish to first review some of the tween now and then there is a major leader of cyber security efforts in our broad areas of agreement and then out- cyber attack against our country; Con- government said our adversaries in line the differences that remain be- gress will come flying back and adopt cyber space are just about where al- cause I want my colleagues to under- mandatory regulations. That is not Qaida was in 1993 when they blew up stand how much progress has already what we want to happen. This is the that truck bomb in the parking garage been made. Sometimes the news time for rational, thoughtful discus- of the World Trade Center. stresses the differences between us. sion and legislation that will begin a

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.017 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5702 CONGRESSIONAL RECORD — SENATE July 31, 2012 process that will go on for years be- should have access the instant it is from the managers—Senators COLLINS, cause the cyber threat is not going provided to the government. ROCKEFELLER, FEINSTEIN, and me—that away. I know some colleagues want more we are joined by a much broader group So that is title I. That is the com- assurance that while a lead civilian and we form a broad bipartisan con- promise we offered on title I, which agency will serve as the hub for imme- sensus to protect our country from a deals with cyber infrastructure. I go diate distribution of cyber-threat infor- terrible danger that is real, urgent, and now to title VII. In between there are mation, it will do so without slowing growing. some very good titles, titles II through down DOD’s and NSA’s abilities to ac- I always like to think back at these VI, but the good news is—maybe I cess and act on that information. I moments—and I was thinking about it should stress this—there seems to be have just told my colleagues that again in this case, and since I do not broad bipartisan agreement on those would be the case. Others want to add see anybody else on the floor, I will in- titles. further privacy protections. I do want dulge myself and go back—to a hot Title VII is the one on information to say in this regard that we have al- July day in Philadelphia, over 225 sharing, and there is some disagree- ready significantly strengthened the years ago, when the U.S. Senate was ment on that. But we have come to privacy protections, thanks to a lot of created as part of the—I am glad to agree that private sector companies good negotiation with a group of Sen- say, proud to say—Connecticut Com- must be able to share cyber-threat in- ators—Senators FRANKEN, DURBIN, promise offered to the Constitutional formation with the government and COONS, WYDEN, and others—and a broad Convention by two of Connecticut’s each other, with protections against li- range of privacy and civil liberties delegates to that convention, Roger ability that will incentivize—really groups ranging, really quite remark- Sherman and Oliver Ellsworth. It allow—that sharing; that this sharing ably, from the left to right and in be- passed by just a single vote, but it must be instantaneous. tween, who seem generally pleased helped keep the convention together In other words, to protect—to re- with what we have done to protect pri- and to enable our new government, in- spond to concerns about private data vacy under our legislation. cluding our Congress, to take shape be- being shared when a private sector op- Here is the good news: The people in cause the Connecticut Compromise erator of cyber security shares infor- charge of cyber security in our govern- guaranteed the small States that their mation with the government, we are ment say the privacy protections we interests would be protected—small- requiring in this bill, the pending legis- have added in the underlying bill to the population States—in the Senate be- lation, that the first point of contact information-sharing section of this bill cause every State, no matter how big for cyber sharing and reporting cyber will not stop them for a millisecond or small its population, would have two attack is with a civilian agency—not a from receiving the information they Senators, and it guaranteed the larger military or law enforcement agency or need and protecting our national secu- States that they would have a greater an intelligence agency but a civilian rity. So, to me, this is the Senate at its say in the House of Representatives, agency, such as the Department of best. whose membership would be reflected, Homeland Security or some other ap- We are not there. My dream—because as it still is today, by population. Not proved civilian exchange. this is—we are legislating here. We are everyone got everything they wanted Some people have worried that if we not in the midst of some traditional that day, but they found a common did that, it would delay the referral of sort of government regulation con- ground that allowed them to go for- that information to the law enforce- troversy. We are legislating actually in ward and finish writing our Constitu- ment and intelligence and military the midst of a war because we are al- tion. That is the kind of position we parts of our government, almost as if ready being attacked every day over are in today. when the information of a cyber attack cyber space. We have been lucky that Shortly after the Connecticut Com- is sent to the Department of Homeland it hasn’t been a major attack that has promise was adopted at the Constitu- Security, somebody is going to have to actually knocked out part of our cyber tional Convention, James Madison, as go find the Secretary of Homeland Se- infrastructure, but that vulnerability you know, Mr. President, often referred curity to make sure she sees it before is there. to as the father of the Constitution, it goes to the Department of Defense, A few months ago there was a story wrote—and I am paraphrasing a little FBI. The world we are in is very dif- in the Washington Post about a young bit here—‘‘the nature of the senatorial ferent from that. It has been explained man in a country far away that trust’’ would allow it to proceed with to me and others who met with, par- launched an attack against a small ‘‘coolness’’ and ‘‘wisdom.’’ I think ticularly, General Alexander, the head utility—I believe it was a water com- these negotiations on the Cybersecu- of Cyber Command at the Department pany—in Texas. He got into their sys- rity Act of 2012 show thus far that we of Defense that everything travels in- tem and actually had the ability to to- have the ability to put ideological ri- stantaneously, at cyber speed. That tally disrupt the water supply in that gidity, partisanship, and politics aside means that according to preset pro- area of Texas. What the hacker did in- when our security is at risk and move grams, cyber attack, if this bill is stead—and he just had a computer and beyond gridlock and fulfill our Found- passed, will automatically—notifica- was smart—what he did instead was ers’ vision of what this body can do tion of it—go to the Department of post proof that he had broken into the when it comes to debating the great Homeland Security or a civilian ex- industrial control system in that small challenges of our time, with ‘‘coolness’’ change, and at the same instant it will utility in Texas just to show the vul- and ‘‘wisdom,’’ as Madison said. go to the Department of Defense, the nerability. In a sense, he might have So over the next couple of days, let’s FBI, and the intelligence community. been bragging he could do it, but it debate all the relevant and germane But when it first goes to the civilian also was a warning to us. What if the amendments. Let’s start voting as soon exchange, there will be software in next time that happens it is a larger as we can on them. But then, for the there to screen out—to prevent the utility or a group of smaller utilities good of the country, let’s each com- possibility that any personal data—e- around the country—maybe water, promise some, acknowledging that mails, private financial information— maybe electricity, maybe gas—and this none of us can get everything we want will not be sent to the law enforcement time they are not just warning us or and we cannot afford to insist on ev- and defense branches of our govern- showing us our vulnerability, but they erything we want because if we do, ment. That is another reason sharing are actually going to disrupt the flow nothing will happen and our country will have to be instantaneous—that ex- of electricity or water to people who will remain vulnerable to cyber attack isting information-sharing relation- depend on that? That is the kind of cri- until the next opportunity Congress ships will continue undisturbed; that sis we face and why it is so urgent that has—which I would guess will be some- is, for instance, between the defense we deal with this. time as next year goes on—to deal with contractor and the Defense Depart- So let me come back to my dream. this challenge. We cannot wait. We ment, and that there should be no My goal here is that as we go on this simply cannot wait. I know we can do stovepipes among government agen- week, we are able to submit a man- this. I urge my colleagues, therefore, to cies. Agencies that need information agers’ amendment, but it is not just come to the floor. I urge the leaders of

VerDate Mar 15 2010 03:37 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.018 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5703 both parties to agree that the amend- and cotton trust funds. That is very wish to take a minute or two for those ments submitted should be germane clear in the record of this body for who have asked me—I have had a whole and relevant and that we can and will what I believe was wrong with the host of our colleagues who have come finish our work on this legislation this Olympic uniforms. It is such a shame and said to me: What are you trying to week. our athletes over there are wearing achieve? So we can move quickly to try I thank the Presiding Officer. clothes made in China. I think that is to achieve the passage of AGOA and I yield the floor and suggest the ab- too bad. I support the wool and cotton CAFTA–DR, Burma sanctions, all sence of a quorum. trust fund. I support the citrus trust which I support. The PRESIDING OFFICER. The fund. There are only three of them. I I know colleagues, such as Congress- clerk will call the roll. support all of them. I agree with my man RANGEL, who was the original au- The bill clerk proceeded to call the friend from New Jersey that we need to thor of AGOA, has called, among many roll. find a way to move these forward and others. You know, very simply, pursu- Mr. MENENDEZ. Mr. President, I ask ensure that American manufacturers ant to the passage of NAFTA and unanimous consent that the order for are placed on equal footing with for- CAFTA and AGOA and other trade the quorum call be rescinded. eign manufacturers so there is an easi- preference programs, Congress has The PRESIDING OFFICER. Without er place for people to go if they want eliminated duties on, for example, im- objection, it is so ordered. products made in the United States. ported shirts from other countries. In COTTON TRUST FUND/AGOA I am happy to work with Senator some cases such as AGOA, it has also Mr. MENENDEZ. Mr. President, I ask MENENDEZ and Chairman BAUCUS to allowed the use of third-country fabrics unanimous consent to enter into a col- find a vehicle to ensure that these to make those imported shirts. loquy with the majority leader, Sen- trust funds and these American jobs Our tariff policy, however, has not ator REID, and the distinguished chair- are a priority that is addressed this changed. While foreign-made dress man of the Finance Committee, Sen- year. So my friend has a commitment shirts are entering the United States ator BAUCUS. that I will do everything within my duty free, we are charging American The PRESIDING OFFICER. Without abilities to make sure we have an manufacturers a duty as high as 131⁄2 objection, it is so ordered. agreement on extending these very im- percent on cotton shirting fabric. So Mr. MENENDEZ. Mr. President, let portant trust funds this year. not surprisingly, this made-in-America me begin by clearly stating I under- The PRESIDING OFFICER. The Sen- tax resulted in American manufactur- stand the majority leader later today ator from Montana. ers moving production offshore where Mr. BAUCUS. Mr. President, I will issue a unanimous consent request shirting fabric is not subject to those strongly endorse the suggestions made to move forward on the AGOA, the Af- high duties and where the finished by the majority leader as well as by rican Growth and Opportunity Act product can come back to the United the Senator from New Jersey and also trade bill, and the Burma sanctions States duty free. package as well as CAFTA–DR. Those thank the Senator from New Jersey for Six years ago, Congress recognized pushing these measures so aggres- are all efforts I supported as a member that, in fact, is simply unfair. Why sively, the cotton trust fund and wool, of the Finance Committee and voted should an American manufacturer have and also, to some degree, the citrus for and ultimately want to see passed. to pay a duty when those abroad using I believe trade is an effective devel- which is part of this. I support these provisions. I support the same fabric can send it to the opment tool and that by investing in the cotton trust fund, support it United States without any duty? They people we can make a long-term and strongly. I am working diligently to created the cotton trust fund to pro- sustainable change in developing coun- try to find the right vehicles so we can vide a combination of duty reductions tries. But at the same time, I am very get this passed—the cotton trust fund and duty refunds to shirt manufactur- concerned about our failure to reau- passed this year. I deeply appreciate ers that continue manufacturing in the thorize the cotton and wool trust funds the strong passion on this by Senator United States. which are crucial to sustaining jobs in That program expired in 2009. Since MENENDEZ. He has come to me many the United States and jobs in my State times in looking for an opportunity to then, these businesses have suffered of New Jersey. pass this. and dwindled. I am just simply trying, For some time now I have been work- I deeply appreciate that. This place as we promote jobs in Africa and in the ing tirelessly to reach an agreeable res- works on basic comity. Sometimes the Caribbean, to promote jobs in the olution on the issue, one that enables pathways to get to a result are not well United States. I want the women in the us to pass AGOA and CAFTA–DR and known and difficult to see, initially. factories I have visited—this is the es- Burma sanctions while simultaneously But I am quite confident we are going sence of how they sustain their fami- protecting dwindling apparel sector to find a way to get this cotton trust lies—to be able to continue to have jobs in the United States, hundreds in fund passed this year. The Senator has those jobs. my home State, thousands across the my support to make that happen. That is why I appreciate the effort by country, and ensuring that our trade is Mr. REID. Mr. President, before I the chairman and by the majority lead- not just free but is also fair. yield to my friend from New Jersey, I er to try to get us to that point, so we That is not the case right now. So I wish to also state on the record that no can have free trade, but it also has to come to the floor to enter into a col- one is a better advocate for an issue be fair to Americans who are here and loquy with the distinguished majority they believe in than Senator MENENDEZ can compete. They cannot compete leader and the chairman of the Finance from New Jersey. This is an issue he when they have to pay a 131⁄2-percent Committee to ask for their help and has spoken loudly and clearly about. tax and people sending it from all over commitment to addressing this domes- So I reiterate what I said: I feel very the world have to pay nothing. That is tic jobs issue, the cotton and wool compelled to do something to satisfy the essence of what I am trying to ac- trust funds this year, so we can seek to my friend from New Jersey on such a complish. move this legislation and do right by worthy cause. I will not object later today when the American workers as we are trying to Mr. MENENDEZ. Mr. President, I majority leader proposes his unani- also help African workers. wish to thank and appreciate the ma- mous consent request and will support I yield to the distinguished majority jority leader’s and the chairman’s on- the effort to move those trade bills. leader. going commitment to this issue. I look Mr. CARDIN. Would the Senator The PRESIDING OFFICER. The ma- forward to continuing to work with yield. jority leader. them on the issue to protect American Let me thank Senator MENENDEZ for Mr. REID. Mr. President, I appreciate workers and American manufacturers his leadership on this issue. He has very much the Senator from New Jer- from the negative effect of certain been very articulate about preserving sey coming to the floor to discuss this trade policies and tariffs that threaten jobs and creating jobs in New Jersey issue. As my friend from New Jersey their livelihood. and in America. knows, as the chairman of the Finance I appreciate them both coming to the I thank him for once again standing Committee knows, I support the wool floor and for their commitment. I just for American workers. I thank Senator

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.020 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5704 CONGRESSIONAL RECORD — SENATE July 31, 2012 REID, the majority leader, for his com- jority leader and the chairman of the There being no objection, the mate- mitment to bring up the trust fund and Finance Committee. rial was ordered to be printed in the the chairman of the Finance Com- I yield the floor. RECORD, as follows: mittee, Senator BAUCUS, I thank him The PRESIDING OFFICER. The Sen- NATIONAL SECURITY AGENCY, for his leadership. ator from Connecticut. CENTRAL SECURITY SERVICE, Senator MENENDEZ has laid out the Mr. LIEBERMAN. Mr. President, if I Fort George G. Meade, MD. issue very clearly. This is an averted may have a few moments, the Senate is Hon. HARRY REID, tariff. It works against American not in a quorum call, is it? Majority Leader, U.S. Senate, The Capitol, workers. Cotton, mainly on shirts but The PRESIDING OFFICER. There is Washington, DC. no quorum call. DEAR SENATOR REID: I am writing to ex- other commodities, such as wool and press my strong support for passage of a suits—as the Senator pointed out, if Mr. LIEBERMAN. Very briefly, Mr. President, I have just received a copy comprehensive bipartisan cyber security bill someone manufactures the suit or the by the Senate this week. The cyber threat shirt out of America and imports it of a letter that has been sent this facing the Nation is real and demands imme- into America, costing us jobs, they pay morning to the majority leader, Sen- diate action. The time to act is now; we sim- less tariff than if they are an American ator REID, and the Republican leader, ply cannot afford further delay. Moreover, to manufacturer that imports the product Senator MCCONNELL, from GEN Keith be most effective in protecting against this to manufacture the product in Amer- Alexander of the United States Army, threat to our national security, cyber secu- Director of the National Security rity legislation should address both informa- ica. They pay a heavier tariff, which tion sharing and core critical infrastructure costs us jobs, which makes no sense Agency and Chief of Cyber Command at the Department of Defense. He is a dis- hardening. whatsoever. Both the government and the private sec- I thank Senator MENENDEZ for his tinguished and honored leader of our tor have unique insights into the cyber leadership. I thank Senator REID and military, one of the people who has the threat facing our Nation today. Sharing Senator BAUCUS for understanding this greatest single responsibility for pro- these insights will enhance our mutual un- and giving us an opportunity before tecting our security, both in terms of derstanding of the threat and enable the this expires on the wool trust fund. It the extraordinary capabilities the Na- operational collaboration that is needed to is making sure it works effectively. I tional Security Agency has but now in- identify cyber threat indicators and mitigate creasingly for the defense of our cyber them. It is important that any legislation es- took the floor last week to talk about tablish a clear framework for such sharing, English-American Tailoring, located in system. This is a career military officer, not with robust safeguards for the privacy and Westminster, MD. There are 380 union civil liberties of our citizens. The American jobs in Westminster, MD. I showed a a politician. He is somebody who has a people must have confidence that threat in- photograph of seamstresses making mission, and it is from that sense of re- formation is being shared appropriately and suits in America. I think most people sponsibility that General Alexander in the most transparent way possible. This is thought that photo was taken decades has written to Senator REID and Sen- why I support information to be shared ago, but it was taken this month. This ator MCCONNELL. He writes—and I will through a civilian entity, with real-time, ask to have it printed in the RECORD— rule-based sharing of cyber security threat is about how we can preserve jobs in indicators with all relevant federal partners. America. They are making the best to express his ‘‘strong support for pas- sage of a comprehensive bipartisan Information sharing alone, however, is in- suits in the world. They are exporting sufficient to address the vulnerabilities to their suits to other countries, but they cyber security bill by the Senate this the Nation’s core critical infrastructure. can’t do it unless we have a level play- week.’’ Why? I continue to quote: Comprehensive cyber security legislation ing field. The cyber threat facing the Nation is real also needs to ensure that this infrastructure The leadership of the Senator from and demands immediate action. The time to is sufficiently hardened and resilient, as it is New Jersey on bringing to the atten- act is now; we simply cannot afford further the storehouse of much of our economic delay. tion of the American people the need to prosperity. And, our national security de- pends on it. We face sophisticated, well- extend and make effective the cotton He adds: Moreover, to be most effective in pro- resourced adversaries who understand this. and wool trust fund is critically impor- Key to addressing this peril is the adoption tant to preserving jobs in Maryland, tecting against this threat to our national security, cyber security legislation should of minimum security requirements to harden New Jersey, and in our Nation. address both information sharing and core these networks, dissuading adversaries and Again, I thank Senator MENENDEZ, on critical infrastructure hardening. making it more difficult for them to conduct behalf of American workers, for his a successful cyber penetration. It is impor- Then he explains both of those in tant that these requirements be collabo- leadership on this issue. very compelling language. He also Mr. MENENDEZ. I thank my col- ratively developed with industry and not be says: too burdensome. While I believe this can be league. done, I also believe that industry will require Mr. REID. Will my friend yield to me Finally, any legislation needs to recognize that cyber security is a team sport. No sin- some form of incentives to make this hap- for 1 minute? gle public or private entity has all of the re- pen. Mr. MENENDEZ. Yes. quired authorities, resources, and capabili- Finally, any legislation needs to recognize Mr. REID. Mr. President, I ask unan- ties. Within the federal government, the De- that cyber security is a team sport. No sin- imous consent that the time for debate partment of Defense and the Intelligence gle public or private entity has all of the re- on S. 3414, the cyber security bill, be Community are now closely partnered with quired authorities, resources, and capabili- extended until 5 p.m. and at that time the Department of Homeland Security and ties. Within the federal government, the De- I be recognized. the Federal Bureau of Investigation. The partment of Defense and the Intelligence The PRESIDING OFFICER. Without benefits of this partnership are perhaps best Community are now closely partnered with the Department of Homeland Security and objection, it is so ordered. evidenced by the Managed Security Service (MSS) program, which affords protection to the Federal Bureau of Investigation. The Mr. MENENDEZ. Mr. President, I certain government components and defense benefits of this partnership are perhaps best thank my distinguished colleague from companies. The legislation will help enable evidenced by the Managed Security Service Maryland, a fellow member of the Fi- us to make these same protections available (MSS) program, which affords protections to nance Committee. Senator CARDIN has widely to the private sector. certain government components and defense been a passionate voice on this as well. I cannot thank General Alexander companies. The legislation will help enable I am thrilled to have him as an ally in enough. He ends by saying this: us to make these same protections available widely to the private sector. this endeavor. The President and the Congress have right- All we want is for Americans to stay The President and the Congress have right- ly made cyber security a national priority. ly made cyber security a national priority. employed. They can compete with any- We need to move forward on comprehensive We need to move forward on comprehensive body in the world but not when they legislation now. legislation now. I urge you to work together have to pay a tariff or tax that nobody He urged Senators REID and MCCON- to get it passed. else has to pay who sends the same NELL ‘‘to work together to get it KEITH B. ALEXANDER, product back into the United States. passed.’’ General, U.S. Army, That is our goal. I appreciate his work, I ask unanimous consent that this Director, NSA. his passion, and his commitment. I very compelling letter from GEN Keith Mr. LIEBERMAN. Mr. President, I look forward to working with the ma- Alexander be printed in the RECORD. yield the floor.

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.027 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5705 RECESS because the streetlights won’t be on don’t want to trash-talk them. My fa- The PRESIDING OFFICER. Under and we won’t be able to turn the elec- ther owned a little neighborhood gro- the previous order, the Senate stands tricity on—I will tell you what will cery store. I know what it is like when in recess until 2:15 p.m. today. happen. Once again, politicians will the electricity goes down. My father Thereupon, the Senate, at 12:37 p.m., overreact, we will overregulate, and we lost thousands of dollars because the recessed until 2:15 p.m. and reassem- will overspend. frozen food melted, lost thousands of bled when called to order by the Pre- In a very judicious, well-thought-out, dollars when we had a freaky storm be- well-discussed process, we could come siding Officer (Mr. WEBB). cause of the refrigeration and his up with a legislative framework that meats and produce went bad. My father f would defend the United States of lost thousands of dollars years ago in a CYBERSECURITY ACT OF 2012— America and at the same time balance freaky storm. Continued that sensible center that another great This bill means that if we come up patriot, Colin Powell, calls us to do: with the kind of legislation that we The PRESIDING OFFICER. The Sen- Always look for the middle ground want, we can deal with it. Just remem- ator from Maryland. while we look at where we want to go. ber what critical infrastructure means. Ms. MIKULSKI. Mr. President, I am There is a cyber war, and I want ev- It means the financial services. It so glad the Presiding Officer is in the erybody to know about it. Cyber at- means the grid. So when there is no chair while I am making these re- tacks are happening right now. Cyber power, schools are shut down, busi- marks. I wish to salute the Presiding terrorists are thinking every single day nesses are shut down, public transit is Officer for his service in the Senate and about attacking our critical infrastruc- crippled, no traffic lights are working. his service to the Nation. One knows he ture. There are nation states that want By the way, in Virginia didn’t 9–1-1 is a member of the U.S. Marine Corps to humiliate and intimidate the United stop working, and they are still inves- although he no longer wears the uni- States of America and cause cata- tigating? Don’t we love to investigate? form. I believe once a marine, always a strophic economic destruction. How do Well, right now I don’t want to inves- marine. And his service in Vietnam and they want to do it? They want to take tigate and I don’t want to castigate, to the Nation as Secretary of the Navy over our power grids. They want to dis- but I sure want the Senate to be able is well known and well appreciated. rupt our air traffic control. They want to get going. The Presiding Officer has served as a to disrupt the financial functioning of Then there is the issue of financial marine in the Marine Corps and as Sec- the United States of America. Cyber retary of the Navy and now in the Sen- services. The FBI is currently inves- spies are working at breakneck speed tigating 400 reported cases of corporate ate as a Member of the Democratic to steal many of our state secrets. Party. The Presiding Officer really account attacks where cyber criminals Cyber criminals are hacking our net- have made unauthorized transfers from serves the Nation. works. So what are we talking about in I come to the floor today to talk bank accounts of U.S. businesses. The this bill? We are talking about critical FBI tells me they are looking at the about cyber security and the need to infrastructure. pass cyber security legislation this attempt to steal $255 million and an ac- Now, I am a Senator from Maryland, tual loss of $85 million. Hackers are al- week, in this body. And I come to the and the Presiding Officer is a Senator floor not as a Democrat, I come to the ready going into the New York Stock from Virginia. Does he remember that Exchange, they are already going into floor as a patriot. freaky storm a couple weeks ago? Re- I say to my colleagues in the Senate NASDAQ in an attempt to shut down member Pepco? Oh, boy. I still have my or steal information. Gosh, if we allow that this week, on this floor, the Sen- ears ringing from my constituents call- ate has a rendezvous with destiny. We this to continue, they could attack and ing about Pepco. I can tell you what it cost us billions of dollars. have pending before us cyber security was like in Baltimore when that freaky Does the Presiding Officer remember legislation, a framework to protect storm hit. You couldn’t get around that in 2010 we had a flash crash? New critical infrastructure of the dot-com when the stoplights were down. It was vocabulary, new things out there. The world against cyber attacks from those like the Wild West getting around. You Dow plunged 1,000 points in a matter of who have predatory, hostile intent to could go into stores—if they were minutes because automatic computer the United States of America. We are open—and nothing functioned. The traders shut down. This was the result bogged down. We are not moving. We lights weren’t on. The refrigeration of turbulent trading. But just imagine are once again following what has be- was off. Businesses were losing hun- if terrorists or nation states that real- come a usual pattern in the Senate: dreds of thousands, if not millions of ly don’t like us—and I am really not when all is said and done, more is going dollars. There were families, like a going to name them, but we really to get said than gets done. mother with an infant child and an- know who they are—really create flash But I say to anyone listening and other child, with no electricity for 5 crashes? anyone watching, we cannot let that days who went to hotel rooms. happen. The United States of America Now, they want to talk about this I know there are patriots in this Sen- is in danger. And this danger is not bill costing too much money? Just look ate who have been the defenders of the something in the future. It is not some- at what it cost the national capital re- Nation in other wars. They have said thing written in science fiction books. gion of the United States of America themselves that they worry about the This is not the wave that is going to because of a freaky storm. Asia Pacific, they worry about China. I come. It is happening right now in It took us 5 days to get the utilities worry about China too. So while we are cyber attacks on our banking services, back on because of the utility com- looking at the Defense authorization our personal identity, our trade se- pany, but what happens if our destiny and appropriations—and people want crets, and things I will talk about is outside of our control, if cyber ter- more aircraft carriers to defend us in more. rorists have turned off the lights in the blue waters against China. But The naysayers here say: We can’t America and we can’t get them turned what happens if there is a cyber at- pass this bill because it will be over- back on? It is going to cost too much? tack? Now, we do know how to protect regulation and it will lead to stran- Wait until this kind of thing happens. dot-mil, but don’t we also want to pro- gulation, and, oh my gosh, we can’t ask I don’t want it to happen, and we can tect dot-com in the same way? I think the private sector to spend one dime on prevent it from happening, and we can so. protecting itself. do it in a way that understands the I salute Senators LIEBERMAN and Well, I respect healthy criticism, but needs of business. COLLINS. They have come forth with a let me say to my friends, because I I want to understand the needs of bill that does two things from a na- want them to know that if anything small business, but I sure understand tional security perspective. First of all, happens to the United States of Amer- the needs of families. it tells business: You can come in vol- ica—if the grid goes down, if NASDAQ For those who say it is going to cost untarily. There is no mandate to par- goes down, if our banking system goes too much and they have the concerns ticipate. But if you do come in, you down, if we will not be able to function of the chamber of commerce, fine. I will get liability protection.

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.028 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5706 CONGRESSIONAL RECORD — SENATE July 31, 2012 Wow. In other words, we are actually Command, the Tenth Fleet, which is SECOND OPINION going to offer incentives. We are actu- the cyber fleet, and others relating to Mr. BARRASSO. Mr. President, I ally going to offer good-guy bonuses. it. But also what I have been proud of come to the floor today, as I do week We are not going to do it through tax is being able to take a look at what we after week—as a doctor who has prac- breaks or more things that add to the do need to do here in terms of every- ticed medicine in Wyoming and taken deficit or debt. We are going to say: thing from workforce to protecting care of families in Wyoming across our Come on in. Participate in both the others. State for a quarter of a century—to setting of standards—we want you at My subcommittee funds the FBI. give a doctor’s second opinion about the table—and then living by the Working with Director Mueller, I have the health care law. standards, and for that, you will get li- been able to see up close and personal One of the central claims of Presi- ability protection. the growing threats right here in the dent Obama and Democrats in Wash- There are also those who say: We just United States of America, whether ington who voted in this Senate Cham- don’t like Department of Homeland Se- cyber criminals can literally invade ber was that the health care law would curity being in charge. We worry about large banking. I could give example extend insurance coverage for millions a cyber Katrina. after example. Working also with other of Americans. That was their goal. I worried about that too, but I must departments, we can see that there are They claim that is actually what has say that in all of our meetings, we can cyber-attacks. We need to be able to do happened. The President claimed re- see that the Department of Homeland this. peatedly that 30 million more Ameri- Security has made tremendous ad- I could give other examples and I will cans would receive health coverage be- vances. I have been one of their sharp- do so in the debate, but let me summa- cause of the health care law. est critics in this area, and I have been rize. The attacks are now. The question Well, after practicing medicine for 25 skeptical from the beginning. But now, is, are we going to build a cyber bomb years, I understand there is a huge dif- as we have moved along and listening shelter? This is not like the bunkers of ference between health coverage and to Secretary Napolitano and General old. This is where we work with the health care. When people have a health Alexander, the head of the National Se- private sector. Remember, our grid and insurance card, then they have cov- curity Agency, on how they can work our telecommunications are owned and erage. When people have access to a together honoring the Constitution and operated by the private sector. We can- doctor, nurse, nurse practitioner, or civil liberties, I think we have a good not do this without the private sector. physician’s assistant, then they can re- bill. We, your government, come together ceive health care. Why do we need this bill? General with a legislative framework that is The New York Times actually point- Alexander, who heads up the National constitutionally sound and legally reli- ed that out this Sunday morning. It Security Agency and the Cyber Com- able. The fact is that we will make the was the front page, above the fold. mand, says that we are facing attacks best and highest use of our military They proclaimed in the first paragraph and the potential of attacks that are under that rubric. But at the end of the of an article that the President’s mind-boggling. He talks about the day we will be able to have a voluntary health care law delivers coverage but stealing of trade secrets that amounts framework bringing the private sector not care. As a matter of fact, when I to the greatest transfer of wealth the together with incentives around liabil- take a look at this article dated Sun- country has ever seen. He worries ity that invite them to participate in day, July 29, 2012, of the New York about the security of the grid. He wor- the formulation of the regulation, the Times, page 1, above the fold, ‘‘Doctor ries about financial services, while he implementation of the regulation, and Shortage Likely to Worsen with Health also worries very much about the dot- living by it. This is not regulation that Law,’’ underneath it says that primary com. leads to strangulation, this is regula- care is scarce, in bold letters, and be- But we live in the United States of tion that helps them be able to protect yond that it says: Expanded coverage America. We have a constitutional gov- the United States of America. but a greater strain on a burdened sys- ernment. Our military, no matter how Let me conclude. Everybody says: tem. The story highlights a study from the powerful and how strong, has a respon- Gee, what could I do? Could I have pro- Association of American Medical Col- sibility to certain areas, but we need a tected against an attack on the United leges, which found that in 2015, just 3 civilian agency in charge of how to pro- States of America? What is the name of years from now, the country will face a tect dot-com, a civilian agency bene- that little-known group you didn’t shortage of over 60,000 doctors. By 2025, fiting from the incredible turbo intel- know how to spell years ago? Al-Qaida? the shortage is expected to expand to lectual and technical power of the Na- Would we have done everything in the approximately 130,000. tional Security Agency. world to protect against the al-Qaida So we have a bill that offers the So while the Nation was already fac- attack? I certainly would. I say today, framework. I would say, let’s have the ing this shortage, the article points out if you want to protect against the next bill, let’s vote for cloture, and let’s it has been made worse by the Presi- big attacks on the United States of have regular order with actual ger- dent’s health care law. The shortage of America, vote for cloture. Let’s have mane amendments. We have patriots providers is very important because, as an informed debate. Let’s find at the here, but who are we for? Are we for the article states, ‘‘Coverage will not end of the day the sensible center that protecting America or are we for com- necessarily translate into care.’’ This will give us a constitutional but effec- ing up with the same old platitudes is especially true for those individuals tive way of defending America. that resist any activity of government who are supposed to receive their I yield the floor. at all to protect the American people? health care through Medicaid. Let’s re- I am no Janie-come-lately to this I suggest the absence of quorum. member, a huge expansion of Medicaid bill. I represent one of the greatest The PRESIDING OFFICER. The was part of the President’s health care States in America. We are home to the clerk will call the roll. law. It was part of the discussion in the National Security Agency. I have the The assistant bill clerk proceeded to Supreme Court, the decision they came high honor of being on the Intelligence call the roll. out with. Of course, Medicaid is the Committee. I have been working on Mr. BARRASSO. Mr. President, I ask program that provides health care for this topic for almost a decade, and I unanimous consent that the order for low-income Americans. have watched the threat grow as I the quorum call be rescinded. The President’s health care law con- watched the technology against us The PRESIDING OFFICER. Without tained one of the largest expansions of grow in power and the number of peo- objection, it is so ordered. Medicaid in the program’s history. The ple who could attack us in this area. The Senator from Wyoming. President chose to expand the program I sit on the Appropriation Com- Mr. BARRASSO. Mr. President, I ask despite the fact that fewer than half of mittee, where, as a member of the DOD unanimous consent to speak as in the primary care clinicians would ac- appropriations, I have been proud to morning business. cept new Medicaid patients as of 2008. work with both the authorizers and The PRESIDING OFFICER. Without Fewer than half of the primary care Senator INOUYE to stand up for Cyber objection, it is so ordered. clinicians were accepting new Medicaid

VerDate Mar 15 2010 23:44 Jul 31, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.030 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5707 patients. Yet that is from where the to get to see a primary care doctor and ally in the world—that are faced with President chose to build his health care would not have to go to the emergency these medical device taxes, not on prof- reform. room. However, that is not what we are it but on the gross amount of money Some might ask: Why is it that so finding under the President’s health sales. The company said the 2.3-percent many primary care physicians are not care law. We are finding just the oppo- medical device tax contained in the seeing Medicaid patients? It is because site of what the President promised. law would stop the company from the reimbursements provided to doc- That is why the Medical College of opening five new plants in the United tors are so low that many can’t afford Emergency Physicians told the Wall States and add approximately 300 new to see Medicaid patients and continue Street Journal: good-paying jobs. to keep their doors open. Unfortu- While there are provisions in the law to The Senate should also know that nately, the outlook for Medicaid in this benefit emergency care patients, it is clear this Cook Medical Company produces country has not improved. that emergency visits will increase, as we medical devices that address women’s USA Today reported in July that 13 have already seen nationwide. health issues. Specifically, the com- States are moving to cut Medicaid So the President says one thing and pany produces products related to even further by doing a couple of the American College of Emergency gynecologic surgery, obstetrics, and as- things. They want to reduce benefits, Physicians is telling us what they are sisted reproduction, to name a few. they want to pay health providers less, seeing on a daily basis in emergency Therefore, the President’s health care or tighten eligibility for the program. rooms across the country. law is actually hurting the ability of So the program the President high- To put it another way, since the Cook Medical and other companies to lights as one of the cores of his health President’s health care law exacer- provide American women with access care law is already in significant trou- bated the shortage of providers, more to cutting-edge medical technology. ble, is not functioning, and is getting patients are seeking treatment in Why? Because of the device tax, which worse. emergency rooms. This is not what the I believe—I believe we should repeal The State of Illinois has imposed a American people were looking for in the entire law, but clearly we have in- new limit on the number of prescrip- health reform. Instead of making troduced legislation to repeal the med- tion drugs that a patient who is on empty promises, supporters of the ical device tax. It is a bipartisan piece Medicaid can receive. This cap was im- health care law should have dealt with of legislation supported from both par- posed as part of a plan to cut $1.6 bil- the issues that are already causing ties and should be passed immediately. lion from the States’ Medicaid Pro- many doctors to rethink their medical It seems Democrats are reluctant to gram. career. look at parts of the health care law and Mark Heyrman, a professor at the For example, supporters of the law repeal the law. University of Chicago Law School, told absolutely refused to deal with the All this means medicine is becoming the Chicago Tribune that the prescrip- crushing burden of the medical lawsuit less of an attractive career choice for tion drug limits amount to a denial of abuse. It is an abusive situation that is many young people across the country. service. So that is what we are looking forcing doctors to practice a signifi- As CNN stated in a headline from July at now. Yet this is the basis upon cant amount of defensive medicine, 29, just 2 days ago, ‘‘Your health care is which the President has built his which is very expensive. It is expensive covered, but who’s going to treat you?’’ health care law. for individual patients as well as ex- The President and Washington Demo- According to the most recent esti- pensive for the system. crats did not seem interested in ad- mate by the Congressional Budget Of- The Harvard School of Public Health dressing this question when the health fice, over one-third of the people ex- found that these costs amount to 2.4 care law was passed. More effort was pected to gain insurance coverage percent of annual health spending in put into hiring IRS agents to look into under the President’s health care law the United States or $55 billion in 2008. whether a person had insurance than to are supposed to do it through this Med- That is the Harvard School of Public actually see if there were doctors, icaid Program. Clearly, with States Health. There are other estimates out nurses, nurse practitioners, physician being forced to cut back their existing there which go with much higher num- assistants, and others to care for pa- Medicaid Program, there are many bers. Apparently supporters of the law tients. Instead of focusing on policies people who are not going to get the thought it was more important to help that would give incentives for more care they were promised through the trial lawyers instead of patients. people to become health care providers, President’s health care law. For those As a matter of fact, Howard Dean, they filled their law with empty prom- who can find a physician, many of chairman of the Democratic National ises the American people know today these patients will have to commute Committee, has said they left lawsuit have not been kept. longer distances and will also have to abuse out of the health care law be- It is time for Congress to repeal the endure longer waiting times just to get cause of the significant impact that President’s health care law and replace the treatment they are seeking. trial lawyers have as contributors to it with real reforms that will improve Some experts have described this as the Democratic Party. So here we are. the ability of patients to get the care an invisible problem, and they say that Additionally, the health care law they need from the doctor they choose is because people may still get care, does nothing to stop the crushing bur- at a lower cost. but the process of receiving that care den of government regulations and pa- That is why I come to the floor with will be more difficult. perwork that is consuming the health a doctor’s second opinion about a The chief executive of the California care profession. health care law which as the front page Medical Association says, ‘‘It results in Finally, many people choose to be- of the Sunday New York Times said: delayed care and higher levels of acu- come doctors because they enjoy being ‘‘Doctor Shortage Likely to Worsen ity’’—the seriousness of the injury or able to innovate and create the next with Health Law.’’ Primary care is illness to that patient when they fi- generation of devices and treatments. scarce. Expanded coverage but a great- nally get the care they need. When care Unfortunately, that is changing as a er strain on a burdened system. is delayed, medical problems can be- result of the significant taxes that are As I have been saying for a number of come much more serious, and that part of the health care law. years on the Senate floor, coverage will forces patients to seek treatment In an article published on Friday, we not necessarily translate into care. through other settings. One of the have learned that Cook Medical, which Thank you. I yield the floor, and I prime examples of that is heading to is a medical device company in Indi- note the absence of a quorum. the emergency room. ana, announced that it was scrapping The PRESIDING OFFICER (Mr. Well, the whole goal, I remember, of plans to expand because of the Presi- FRANKEN). The clerk will call the roll. the debate on the Senate floor in lis- dent’s health care law. There are simi- The assistant bill clerk proceeded to tening to my colleagues on the other lar companies in States all across the call the roll. side of the aisle was that patients country, many with large medical in- Mr. DURBIN. Mr. President, I ask under the President’s health care law, stitutions who have a history of the unanimous consent that the order for the Democrats claimed, would be able best innovation in the land—and actu- the quorum call be rescinded.

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.032 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5708 CONGRESSIONAL RECORD — SENATE July 31, 2012 The PRESIDING OFFICER. Without the State where it was located—they bring us to our knees.’’ According to objection, it is so ordered. told us of an example where the em- our Director of National Intelligence, Mr. DURBIN. Mr. President, the bill ployees at our top defense research lab- James Clapper, countries such as Rus- pending before us is the Cybersecurity oratory—who were trying to figure out sia and China are already exploiting Act of 2012, as it is known, and for most countermeasures to stop attacks our vulnerability. His unclassified as- people it is a term which they may against the United States, and to de- sessment—what he told the public—is have heard but may not fully under- velop our own weaponry—had what ap- that entities within these countries are stand. peared to be a harmless e-mail sent to already ‘‘responsible for extensive il- It was about 2 months ago that Mem- the employees saying: Explanation of licit intrusions into U.S. computer net- bers of the Senate, including the Pre- Your New Health Care Benefits. Just works and theft of intellectual prop- siding Officer, were invited to a classi- Click Below. It turned out that click erty.’’ fied briefing. It was a briefing that brought the hackers into the system. We have to respond to this. We have Senator MIKULSKI of Maryland asked So what we are talking about here to do it quickly. I wish to thank Sen- for to explain what this was all about has consequences that go far beyond ators LIEBERMAN, COLLINS, FEINSTEIN, because we had been hearing over and the harassment of some teenage hacker and ROCKEFELLER for putting together over again from the defense establish- who is trying to get into some com- this bill, the Cybersecurity Act of 2012. ment in America that the No. 1 threat pany computer or even the school’s They have introduced an approach that to America’s safety and security was computer. is balanced, bipartisan, and responsive no longer just terrorism; it was cyber I was on a plane yesterday with a to legitimate concerns raised by the in- security threats and terrorism. For gentleman who is working for the Na- telligence community, private indus- most people, they are not quite sure tional Institutes of Health. I asked him try, and privacy advocates. The Cyber- they have seen any examples of it that about cyber security. security Act of 2012 will help make us could make a difference. He said: We think about it every safer. Our Nation’s critical infrastructure— So here is what we saw. They took us day—every day—because hackers are powerplants, pipelines, electrical grids, down to this classified room, closed the trying to get into the National Insti- water treatment facilities, transpor- door, took away our BlackBerries and tutes of Health technology and com- tation systems, even financial net- iPhones, and put them in a separate puter system. works—are increasingly vulnerable to place—and I will explain why they did I said: What for? attack. Bad actors in other countries that in a moment—they took us in the He said: Well, some of them are in have already demonstrated their abil- room and briefed us on an example, there for insidious reasons. But some of ity to use the Internet to take control just a theory. What if? What if a sub- them are childish hackers. I said: What do they do? of computer systems. contracting company that supplied a Last year, there was a 400-percent in- He said: Well, they will come in, for major public utility in a city such as crease in cyber attacks on the owners example, and change our published list New York had a problem and someone of critical infrastructure. This act has of antidotes to certain poisons, so we stole a laptop from one of the employ- provisions that will reduce our vulner- always have to keep an eye on it to ees, and that theft went unnoticed or ability and shore up our defenses. In re- make sure they have not changed what unreported for a number of days, and sponse to concerns raised by some in people, doctors, should use across then the laptop either reappeared or the private sector and some on the America. did not, what could happen? other side of the aisle, Senators LIE- Well, what could happen was, if that Think about it. Think about all of BERMAN and COLLINS revised a section the possibilities. What we are trying to laptop computer had certain informa- of the bill. The bill now creates a vol- do today is to come up with a line of tion in it that not only told you how to untary, incentive-based system of per- get into the computer system of the defense for America. We are trying to formance standards. Private companies subcontracting company but also the establish a working relationship be- and government agencies will work to- public utility, bad things could occur. tween all levels of our government and gether to determine the best practices So getting inside that computer laptop, the private sector of the United States in each sector to prevent a cyber at- getting inside the technology of the to keep us safe. Because what they told tack. Companies that voluntarily im- subcontractor, and then finding that us was, every single day, China, Russia, plement those standards will be re- information bridge into the public util- Iran are on the attack—cyber security warded with immunity from punitive ity could create an opportunity to turn attacks into the United States—not damages in a lawsuit, receipt of real- out the lights in the city of New York. just the ones I have mentioned but far time cyber threat information, and ex- That was the exercise we went beyond. Defense contractors building pedited security clearances, among through. God forbid it would ever the planes and the armaments and all other things. occur, but they said: When you turn the artillery and the like have to worry This voluntary arrangement replaces out the lights in a major American city about whether their secret plans, their the mandatory system in an early such as New York, terrible things hap- patented information is being stolen version of the bill. Many of us sup- pen. Not only do traffic signals stop, right from under them, stolen by some- ported that approach. But in the spirit and lights do not go on at night, and one who wants to compete with them of compromise and responding to con- the New York Stock Exchange is not or perhaps wants to go to war with cerns expressed by the business com- operating, hospitals are on emergency them. That is what is at stake. munity, the managers have included generators and problems start popping So for a long time we have been this voluntary approach. The Cyberse- up in every single direction—water pu- warned and forewarned to do some- curity Act of 2012 also authorizes vol- rification; the pumps that keep the thing about it. The bipartisan con- untary information sharing. The shar- subway system under the city of New sensus among defense and intelligence ing provision will allow government York going so that the subway tunnels experts in the public and private sector agencies and willing private companies are not flooded—all of these things on is that our Nation is dangerously vul- to enhance the mutual understanding top of one another. While this tragedy nerable to cyber-attack at this mo- of the real threat and our vulnerabili- is occurring, the people in our govern- ment. ties. ment are trying to figure out: What FBI Director Bob Mueller—an ex- Sharing this information on effective happened? And how do we put things traordinarily great public servant— responses and recent cyber threats will back into place and get them moving says the threat our Nation faces from a enable both the government and the again? cyber-attack will soon equal or surpass private sector to understand the threat That was one example. the threat from al-Qaida and more tra- and to respond. A handful of industries There was another example. It was ditional forms of terrorism. have already adopted this approach, an example at one of our defense re- Navy ADM Mike Mullen, Chairman of and it significantly enhances their search laboratories. Top secret. Nobody the Joint Chiefs, said: ‘‘The cyber ability to identify and respond to cyber can get in. Right? They told us of an threat has no boundaries or rules, and threats. We should empower the gov- example—and I will not even tell you the reality is that cyber attacks can ernment to share its knowledge with

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.047 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5709 these and other industries. We should ical infrastructure is at risk, and bil- Similar to the other companies make it clear the private companies lions of dollars’ worth of intellectual profiled in the report, DeVry’s tuition can share cyber threat indicators with property is being stolen. Our national is significantly higher than that of the government. That is exactly what security is compromised. To put the public colleges. The cost of tuition for this Act does. cyber threat in perspective, GEN Keith a bachelor of science in business ad- I wish to thank the Presiding Officer, Alexander, Director of the National Se- ministration at DeVry’s Chicago cam- Senator FRANKEN of Minnesota, as well curity Agency, was asked: How pre- pus is $84,320—for a bachelor’s degree— as Senators COONS, BLUMENTHAL, SAND- pared is the United States for a cyber considerably more than the same pro- ERS, and AKAKA for working with me attack on a scale of 1 to 10, with 10 gram at the University of Illinois, and the managers to ensure that we meaning we are the most prepared. where the 4-year tuition is $75,000. protect privacy and civil liberties. The What was his answer? Three—three out DeVry looks good compared to many Presiding Officer is chair of the Pri- of ten. That is an alarming assessment. of its peers in the for-profit sector. Un- vacy Subcommittee of the Judiciary It is a failing grade by any standard. like some other schools, DeVry’s inter- Committee. He has been a real leader If we do not act now, we will con- nal documents reveal the school has tinue to be at risk for not only the loss on these issues. I was happy to work chosen not to use aggressive price in- of information and economic loss but with him. As a result of his efforts and creases in the future. I salute them for our efforts, the willingness of Senators even worse, mass casualties, a crippled that. I have spoken to their leadership LIEBERMAN, COLLINS, ROCKEFELLER, economy, the compromise of sensitive and told them that if they want to dis- and FEINSTEIN, we were able to signifi- data. I know this bill has some con- tance themselves from the pack of bad cantly enhance the privacy and civil troversy associated with it. I know for-profit schools, they have do it by liberties protections in the revised bill. there are some in the business sector making decisions and implementing I believe—I have always believed and I who think we have gone too far. I them to demonstrate they are a dif- will continue to believe—we can keep would plead with them, work with us. ferent kind of for-profit school. America safe and free. We can establish Let us do this and do it now. To let this in our democratic society the appro- wait is to jeopardize the security of There are still areas where DeVry priate defense to any threat without this country. We did not think twice to can make improvements. DeVry’s in- sacrificing our fundamental constitu- respond quickly after the 9/11 attacks stitutional loan program, a private tional rights. to make America safe. We see it every- loan program, charges a 12-percent in- The revised bill, after we negotiated where we turn. If one can even imagine terest rate—12 percent. The Federal with them, now requires that the gov- what life was like in the United States Government student loan, 3.4 percent ernment cyber security exchanges be before 9/11, before we took our shoes off in contrast. So this rate is roughly operated by civilian agencies within when we went to the airport, before three times the Federal loan. the Federal Government. Our thinking searches were commonplace in Amer- The HELP Committee estimates that was that these agencies are more prone ican life, before armed guards stood in 2009, when all sources of Federal to oversight, and any excesses by them outside the U.S. Capitol—those are the funds, including military and veteran’s will be caught earlier than if this is realities of what we face today because benefits are included, the 15 largest done on the military side, to be very of that attack. publicly traded for-profit education blunt. Let’s be thoughtful. Let’s be careful. companies received 86 percent of their Military and spy agencies should not Let’s come together, the private and revenue from taxpayers—86 percent. be the first recipients of personal com- public sector. Let’s do this the right They are 14 percent away from being munications such as e-mails. But from way to keep America safe. The people totally Federal agencies. time to time, they will need to be in- who sent us to represent them expect Perhaps this would be acceptable if formed and we need to rely on their ex- no less. students were learning and gaining pertise. That is why the bill requires FOR-PROFIT COLLEGES skills to succeed, but what the com- that relevant cyber threat information Mr. President, the Senate HELP mittee found is troubling. One of the be shared with these agencies as appro- Committee released a report after com- main reasons student outcomes are so priate in real time. pleting a 2-year investigation of for- poor at these schools is that the The revised bill eliminates immuni- profit colleges. The 1,096-page report is schools do not provide students with ties for companies that violate the pri- the most comprehensive analysis yet. basic support services that they need vacy rights of Americans in a knowing, It provides a broad picture of the for- to find a job and succeed. Student sup- intentional or grossly negligent man- profit college industry. What Senator port services are essential to helping ner. To ensure that cyber security ex- TOM HARKIN and the committee discov- students adapt and do well while they changes are not used to circumvent the ered and carefully documented is an in- are in school and find a job. What hap- fourth amendment, the bill requires dustry driven by profit, which too pens instead? They drop out or, if they law enforcement to only use informa- often has limited concern for the stu- graduate, they cannot find a job. tion from the cyber exchanges to stop dents or the actual learning process. In 2010, the 30 for-profit colleges ex- cyber crimes, prevent imminent death The report profiles 30 of the biggest amined employed 35,000-plus recruit- or bodily harm to adults or prevent ex- for-profit colleges, virtually from every ers—35,000 recruiters. The same schools ploitation of minors. State in the Union, including Illinois. collectively employed 3,500 career serv- The revised bill creates a vigorous There are good schools there, make no ice staff and 12,452 support staff. So by structure for strong, recurring, and mistake, and my colleague Senator a margin of 21⁄2 to 1, the schools had independent oversight to guarantee HARKIN has been careful to point them transparency and accountability. It out. But there are also some that are more recruiters than support service gives individuals authority to sue the not making an effort. Some are trying employees. government for privacy violations, to to improve student outcomes. But un- So we cannot be shocked when we ensure compliance with the rules for fortunately there are many of these learn that one-half million students protecting private information. These for-profit schools that are just taking who enrolled in 2008–2009 left without a commonsense reforms improve the in- in, soaking in Federal subsidies in the degree or certificate by mid-2010. formation-sharing section of the bill, form of student aid so they can pay Among 2-year associate degree holders, and they protect privacy. That is why their shareholders extra money. almost two-thirds of the students in they have been widely embraced across DeVry is the third largest for-profit these for-profit schools departed with- the political spectrum from left to college in the country. It is based in out a degree, just a debt. right. I think we have found the sweet my State of Illinois. DeVry operates 96 The report also highlighted a grow- spot. I think we have found the right campuses and offers classes online. In ing problem among for-profit colleges, balance. That kind of endorsement 2010, DeVry had over 100,000 students, the use of lead generators. For-profit across the political spectrum suggests an increase of 250 percent of enrollment colleges gathered contact information that is the case. in 10 years since the year 2000. It de- on perspective students or leads, as We are very vulnerable in the United rives almost 80 percent of its revenue they call them, by paying third-party States at this very moment. Our crit- from the Federal Government. companies known as lead generators.

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.048 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5710 CONGRESSIONAL RECORD — SENATE July 31, 2012 These generators specialize in gath- she used her 6-month forbearance per- He also helped develop the Piedmont ering and selling information—in this mitted by her lender, Mirella was ex- Heart Institute, which treated me 2 case, very personal information. pected to pay $1,500 a month. Unable to years ago and is the reason I am stand- Here is how it works. A student get a full-time job in her field, she ing here today, which is the leading browsing the Internet searches for thought about filing for bankruptcy. heart institute not just in Atlanta and terms such as ‘‘GI bill,’’ ‘‘student It would not have done any good; stu- in Georgia but throughout the United loan,’’ ‘‘Federal student aid’’ or any dent loans are not dischargeable in States. variation. They are directed to various bankruptcy even if they come from for- Tim was one of a kind. His loss will Web sites that are owned by these lead profit colleges. Her dad wanted to help, be felt by countless thousands of Geor- generator companies. The Web site so he cosigned her private student gians. To his family, his friends, and then claims to pass the prospective loans. Guess what. He is now on the all who knew him, I express my sym- student contact into an appropriate hook for the payments too. pathy. school for the student online. Typi- Mirella says that if the school coun- I want to read a quote from him that cally, there is no disclosure to the stu- selor would have told her more about was written in 2006 when he was inter- dent that their personal information is what her monthly payment would be viewed by Atlanta Hospital News for a being sold to for-profit colleges. like, she would not have taken out so profile. Tim wrote the following: When a perspective student does give much, and she may have never been The attributes of a good leader are uni- their contact information, watch out. steered to a private student loan. versal. You need to love what you do, be They will be bombarded with calls and I thank Senator HARKIN for his lead- open and inquisitive and persistent, not e-mails from aggressive recruiters at ership and his amazing work on this afraid to make waves if you have to. You these for-profit schools. Remember should also be personally productive and issue. I plead with my colleagues, on work well with others. Be innovative and that 35,202 people are employed as re- behalf of these students and their fami- allow others to innovate. Finally, be a cer- cruiters. This is what they do. One of lies and on behalf of the taxpayers who tifiable member of the human race. Cul- the Web sites, gibill.com, was owned by are subsidizing these schools, join us in tivate a light touch, be passionate about a company called QuinStreet until last setting standards so there is an oppor- your career, but be sure to balance it with month, when 23 attorneys general tunity for young people to get the edu- the rest of your life. across the United States did what Con- cation they need without inheriting That expresses better than I can gress should have done first. As part of the debts that can drag them down for what Tim was all about. I shall miss an agreement, QuinStreet gave up its a lifetime. him greatly, as will all of my State. right to the Web site to the Veterans’ I yield the floor. Again, I send my sympathy to his wife Administration where it belongs. So The PRESIDING OFFICER. The Sen- Mary and his three sons: Tim, Ryan, gibill.com is no longer a deceptive Web ator from Georgia. and Matthew. site, at least in these 23 States where Mr. ISAKSON. Mr. President, I ask I yield the floor. there has been an agreement. Other unanimous consent to address the Sen- The PRESIDING OFFICER. The Sen- Web sites used the name of Federal stu- ate as in morning business. ator from Delaware is recognized. dent aid programs and misled students The PRESIDING OFFICER. Without Mr. COONS. Mr. President, I rise to into believing this was a real govern- objection, it is so ordered. speak to the issue of cyber security, ment program. REMEMBERING R. TIMOTHY STACK one where there have been a dozen One of the HELP Committee’s rec- Mr. ISAKSON. Mr. President, this speeches given earlier today, and one ommendations is to further regulate morning I got some very sad news. The where I am concerned that there is not the private student line market. Sen- State of Georgia and the people of my enough determination, not enough will ator HARKIN and I introduced the Know State lost a giant in the health care in- on the part of this body to work to- Before You Owe Private Student Loan dustry. gether, to listen to each other, to cross Act this year. Our bill requires private Tim Stack was my friend. He was the the small differences that remain be- student loan lenders to verify the pro- president of the hospital that 2 years tween camps and competing theories of spective borrower’s cost of attendance ago treated me well, which is why I am a bill that we should take up, and I am with the school before disbursing the here today. He was a giant in health here to urge our colleagues in this body loan. care not just in Georgia but in Amer- to address what we have been told is It also requires the schools to coun- ica. On behalf of myself and all the one of the greatest security threats sel students as to whether they are citizens of my State and the countless facing our country, to bear down, to still eligible for Federal student loans thousands of patients whose lives have file amendments, to clear amendments, at a much lower interest rate. Federal been made better or even saved by Tim to listen to other Members and be will- student loans have flexible payment Stack, I send my condolences to his ing to do the job for which we were plans, consumer protections, and as I wife Mary and his three sons: Ryan, hired, which is to pass tough, broad, bi- said, less cost. But many times stu- Tim, and Matthew. partisan legislation to protect this dents who have not exhausted their Tim Stack grew up in Pittsburgh, country we love. Federal student loan aid are steered PA, working in the steel mills. When In my short 20 months in the Senate, into private loans with interest rates the mills closed, he looked to find a I have increasingly become more and three and four times higher. There is job, and he worked in central supply at more persuaded that we face a con- money to be made off those young and the Eye & Ear Hospital of Pittsburgh, stant, steadily rising, increasingly dan- sometimes uninformed students. PA. He was working and studying to be gerous threat that foreign nations, for- I urge the private lenders and the for- a teacher and a football coach. By eign actors, whether they be terrorists profit schools that keep telling me ‘‘we working in the hospital, he became fas- or enemies of the United States, are are doing the right thing,’’ do not wait cinated with the complexity of hospital not just studying the possibility of for this law. Do it now. Make this a administration and was challenged by some day attacking the critical infra- policy at their school and prove it. the love of caring for people who were structure of the United States, they One of the students I wanted to men- ill. Tim Stack changed his major to are not just writing position papers or tion is Mirella Tovar from Blue Island, hospital administration and became a theorizing about it or training in some IL. She graduated from Columbia Col- leader in the United States in the ad- camp in an obscure country, they are lege in 2010 with a B.A. in graphic de- ministration of hospitals. today actively engaged in thousands of sign and with $90,000 in debt and with a Let me read from a press release on efforts to compromise the critical in- 10.25-percent interest rate. Her balance his record in Atlanta, GA, alone: frastructure of this country. started to grow. She did not take out How Members of this body can ignore Under his leadership, Piedmont grew from the importance of this threat when the any Federal loans. She thought all the two hospitals and eight physician practices loans were the same. She did not know to a $1.6 billion organization that includes majority leader and the Republican the difference. five hospitals, more than 50 primary care and leader have twice, in my short time No one told her about the consumer specialty physician practices and a 900-mem- here, closed the Senate and urged every protections in the Federal loans. After ber clinically integrated network. one of us to go to a secure, classified

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.049 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5711 briefing, where we have heard from a certain actions by the private sector. bill to the Transportation bill, where dozen four-star generals and leaders of Those concerns, too, have been ad- this body has shown an ability to listen three-letter agencies who have told us dressed in a broad way. to each other across the differences of in great detail about how grave this I have been impressed with how party and region and craft strong, bal- threat is. Why in the face of repeated many changes Senators LIEBERMAN and anced, bipartisan bills. It is on this and publicly cited assertions by Secre- COLLINS have been willing to accept topic of cyber security that we have taries of Defense, heads of the NSA, out of a broad working group of more heard over and over that there is no leaders of our homeland security agen- than a dozen Senators of both parties more pressing challenge. cy, and leaders responsible for our first who over the last few months have Why, if our adversaries are not going responder community from the Fed- come forward with suggestions that to be taking the month of August off, if eral, State, and local levels, from the have made that portion of the bill our adversaries are not going to cease private sector to this government, who truly voluntary for the private sector, from now until November to attack us, have said over and over that this is a in a way that balances the role of civil- would we not bear down and focus on very real, very present threat—how we ian agencies with parts of our national getting done the work that is before us can ignore that threat today is beyond security apparatus, in a way that pro- as the U.S. Senate? We are called at me. vides enough liability protection but times the world’s greatest deliberative The bill that is before us is S. 3414. not too much, and in a way that allows body. I will say to you as a member of This is a compromise bill. In a series of the private sector to have a leading the Foreign Relations Committee, in meetings with other Members of this role in setting standards. other parts of the world there are folks body, I have been struck to hear others My point, then, is to say to my col- who are striving toward democracy say that we need more time, we need to leagues that when they say we need who question whether this is the model study this further, we need to pass the more time to study it, I say we need to they should follow. narrow portions on information shar- come to this bill, we need to come to In the remaining days before we all ing that are easy and everybody can the floor, and we need our colleagues to go to some recess, why not bear down, now agree on, and we need not pass a be clear—what are your remaining con- do our homework, do our reading, be broader or stronger bipartisan bill that cerns? In a meeting last Friday with forthcoming with clear and concise deals with infrastructure. several Senators and representatives of concerns, and hammer out our dif- As you know well, Mr. President, for industry, I had read every word of title ferences? years critical committees in this body VII and urged them to be concrete with I extend an invitation to any col- have been working on this issue. Sen- us about what their concerns were. I league, any industry group, or any ators LIEBERMAN and COLLINS, the left unsatisfied. I left concerned that group of concerned citizens: I am happy chair and the ranking member on some were simply scaring the private to meet with anybody to hear their Homeland Security and Governmental sector and scaring our citizens into concerns and try to do my level best to Affairs, have been engaged in working thinking this bill is not ready. convey them to the bill managers and So for those who still have con- their way through difficult issues for the leaders, who have done a remark- cerns—and there may very well be years. The relevant committees, from able job of hearing and accepting com- broad and legitimate concerns about Energy to Commerce to Intelligence, promise provisions of this bill on pri- the bill and about its direction—let’s have been engaged in hearings and vacy, on the role of the private sector, take these 2 days. I understand that studies and in legislating for years be- on making voluntary what was manda- more than 90 amendments have been fore I became a Senator. tory and striking a fair balance. In the last few months there has been filed. I think it is the challenge before some important and strong work to us to make the amendments germane, I urge our colleagues to take this mo- build a bipartisan consensus around narrowly focused, and relevant to im- ment seriously, to not allow the days the bill that is before us today. I, like prove the bill rather than distracting to slip, the month to pass, and the mo- you, I believe, Mr. President, had some us into issues that are more partisan or ment to pass us by. How will we answer real concerns about the information- tied to the campaign and to focus on our constituents, our communities, and sharing portions of the bill, title VII, the work that is left before us. our families following an attack that which have to do with permitting pri- If I could, I am gravely concerned has been so frequently predicted? Do vate companies to share information about those who would urge us to split we not believe we will end up regu- with each other about the threats of off the portion of the bill on informa- lating in a more heavyhanded, more re- attacks. tion sharing and ignore the portion of actionary, and more ill-informed way One of our big problems right now, the bill that has to do with protecting after a successful massive attack than we are told, is that companies of all our critical infrastructure. As speaker now when we have the time to listen to different sectors of our economy hesi- after speaker has come to the floor each other and craft a balanced and re- tate to share publicly or to share with today and made clear, our electricity sponsible and bipartisan bill? our national security infrastructure in- grid is at risk, our dams and our power- Mr. President, I will close. I am con- formation that is critical to knowing plants are at risk, our highways and fi- vinced that this is the gravest threat when we are being attacked, how we nancial system are at risk. There are facing our country today, graver than are being attacked, and how it might all sorts of areas in the United States that of terrorism from overseas. In spread. Title VII of the bill gives them where there have been real cyber at- fact, GEN Keith Alexander of the NSA liability protection to encourage the tacks, online attacks, in other coun- has clarified just in the last few days broad and regular sharing of that infor- tries that have demonstrated the dev- to a group of us how grave a threat this mation. astating potential power of our oppo- is. But those of us who are concerned nents and enemies around the world. I renew my offer to any Member of about the balance between privacy and In the face of the cautionary notes this Chamber: Come and meet with me. security, about protecting civil lib- we have heard from leaders of this body Come and meet with Senators LIEBER- erties and whether we have gone too and around the country and in the face MAN and COLLINS. Come and meet with far in seeking security at the expense of that very strong reality, why we the leaders of the relevant committees, of liberty, offered a whole series of re- wouldn’t pass a broad and tough bill take up your cause, and give an amend- visions and changes to this bill— that facilitates information sharing ment that is narrow and focused and changes that have been accepted. So and protects our critical infrastructure relevant, and let us hammer out a bet- too in a different section of the bill— and strikes a fair balance in the middle ter defense for this Nation. title I, which deals with critical infra- is beyond me. It is not that this body There are those who question the structure—folks from the private sec- has been too busy. It is not that we are purpose and purposefulness of this tor raised alarms and concerns months exhausted by having passed too many body. It has no greater purpose than ago that this bill was too prescriptive, broad and strong, bipartisan bills. We finding a bipartisan way to craft a too heavyhanded, was involved too have gotten good work done this ses- strong and vibrant solution to a clear much in regulation and in demanding sion. There are things, from the farm and growing national threat.

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.051 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5712 CONGRESSIONAL RECORD — SENATE July 31, 2012 Just a few weeks ago, I had the honor Today I am going to focus my re- our country may be another project of sitting for lunch with Senator DAN- marks on Idaho, a State that is known and another job that gets shipped over- IEL INOUYE. He is the one Member of for its wide open spaces, its mountains, seas. this body to have earned the Congres- its potatoes, and for great, friendly I urge my colleagues to work with sional Medal of Honor in combat. I people. One doesn’t have to look any me to support manufacturing in rural asked his advice, as the most senior further than Senator CRAPO and Sen- communities in America. Let’s extend member of my party: What issues, Sen- ator RISCH to know that the people of the production tax credit as soon as ator INOUYE, do you think I should be Idaho are very good people. possible. It is common sense. It has bi- focused on? What is the thing you Idaho is a State with a vast untapped partisan support. Let’s extend the pro- might urge me—a freshman—to invest potential for wind energy. The Na- duction tax credit. my time and effort into? His answer tional Renewable Energy Laboratory, I will be back tomorrow to continue was simple, his answer was profound, which we host in Colorado, has cal- this discussion and talk about another and his answer, I hope, will be heard by culated that Idaho’s wind resources one of our great States. I am at 13 this body. could potentially provide more than 218 States. I am going to keep coming back He said to me: I am the only Senator percent of Idaho’s electricity needs. It until we get this right. who was at Pearl Harbor. Our next ranks 23rd in our Nation’s wind re- Madam President, I yield the floor. Pearl Harbor will come from a cyber source potential. Most of this potential The PRESIDING OFFICER. The Sen- attack for which we are today unpre- is in the high plains of the southern ator from Minnesota. pared. Let’s do our duty. Let’s listen to half of the State. Mr. FRANKEN. Madam President, I each other, come together, hammer out Idaho is already working to take ad- ask unanimous consent to speak as if a strong and bipartisan bill, and honor vantage of what is a bountiful re- in morning business. the service and sacrifice of that ‘‘great- source. There are more than 20 sepa- The PRESIDING OFFICER. Without est generation’’—both in this Chamber rate wind projects either online or objection, it is so ordered. and our country—and do our duty. under construction across the State. In MEDICAL LOSS RATIO Madam President, I yield the floor. southeastern Idaho near Twin Falls, Mr. FRANKEN. Madam President, The PRESIDING OFFICER (Mrs. Invenergy’s Wolverine Creek wind farm over the last few weeks hundreds of SHAHEEN). The Senator from Colorado. covers about 5,000 acres and pays royal- thousands of Minnesotans have re- Mr. UDALL of Colorado. Madam ties to almost 30 different landowners. ceived letters or postcards in the mail President, I want to acknowledge the In 2011, Idaho’s installed wind capac- from their health care insurers. These powerful and eloquent words of my col- ity grew by nearly 75 percent. That notices are letting people know wheth- league from Delaware. I know our col- growth created hundreds of temporary er their insurer met a new rule in the league Senator COLLINS is also on the construction jobs as well as permanent health care law—a rule that I cham- Senate floor, and I have to tell the jobs in the operation and maintenance pioned—called the medical loss ratio, viewers and all of my colleagues I of these facilities. Right now, Idaho’s sometimes called the 80–20 rule. It couldn’t agree more. The time is now wind resources provide power for near- could also be called the 85–15 rule, but to act on cyber security. I just came to the floor from an In- ly 160,000 homes without releasing the it is known as the 80–20 rule, and I will telligence Committee briefing. General nearly 1.1 million metric tons of carbon explain. This provision, which I based on a Alexander was there. As the Senator dioxide that traditional power sources Minnesota State law, requires large from Delaware knows, he is forthright, would. he is well-versed, he is passionate, and Wind supports close to 500 jobs in the group insurers to spend 85 percent of he is as nonpartisan as they come. Gen- State of Idaho—jobs that wouldn’t the premiums they receive from their eral Alexander is urging us to act now. exist if the wind industry had not been beneficiaries on actual health care So I thank my colleague from Dela- enticed to invest in Idaho because of services, not on marketing or adminis- ware for his compelling and important the production tax credit, the PTC. trative costs or CEO salaries. Eighty- words. Wind energy projects are an invest- five percent of their premium dollars PRODUCTION TAX CREDIT ment in local and State economies. have to be spent on actual health care. The matter that brought me to the Wind energy producers provide nearly For insurers in a small group and indi- floor has a link to cyber security, and $2.5 million to the State in property vidual markets, this threshold is 80 that is energy security. I want to talk tax payments every year and over $2 percent; hence, the 80–20 rule. about one of the new and exciting tech- million annually in land lease pay- This summer, across the country nologies that is resulting in the pro- ments to local Idahoans who go on to Americans are getting notices from duction of many homegrown electrons, invest that money back into their local their insurers that the insurer met or and that is wind power. communities. Those are real dollars did not meet this 80 or 85 percent I have come to the floor on a daily these communities count on. threshold. When those notices say the basis to urge my colleagues to work The point I am trying to make is insurer failed to meet the medical loss with me to extend the production tax that we in Congress should be working ratio, Americans are also getting some- credit for wind. to help create more projects like Wol- thing else in the mail—a check or The PTC has created literally tens of verine Creek for the jobs and the clean lower premiums for next year because thousands of jobs across our country energy they create. Instead, Congress under my medical loss ratio provision, and has the potential to create even is standing idly by. insurers who do not spend at least the more. But if Congress—that is us, the I can’t help but mention there have 80 or 85 percent of premiums on actual Senate and the House—doesn’t act to been some on the campaign trail who health care services for their bene- extend it, tens of thousands of jobs, lit- have suggested that we should let the ficiaries have to rebate that money to erally, will be lost. The Presiding Offi- wind production tax credit lapse at the their consumers. cer has a robust wind energy sector in end of this year, and that wind power August 1 was the deadline for insur- her State, and she knows the extent to should not be given the same help ers who didn’t meet the MLR threshold which it is important for business in other industries have received. I could to rebate the difference to their con- the great State of New Hampshire. It is not disagree more. sumers, and because of the medical loss important to the businesses in every Great States such as Idaho, Colorado, ratio more than 123,000 Minnesotans State in our country. and New Hampshire make things. got rebates from their insurer. Those The production tax credit is an in- Great countries such as the United rebates added up to an average of $160 vestment in a clean energy future. It is States generate their own energy. Let- per household. It was more in other a critical investment in American jobs. ting the wind production tax credit States. Frankly, we are about to lose that in- lapse would be irresponsible. The PTC This isn’t unique to Minnesota. vestment. I fear, in fact, that through equals jobs. We should pass it as soon Across the country 12.8 million Ameri- our inaction we continue to create real as possible. We should not waiver, and cans got rebates from their insurers harm to our wind industry in America. we should not wait. Every day that we who overcharged them, and other in- But it is not too late to act. let this unanswered question hang over surers lowered their premiums for last

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.053 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5713 year to comply with the medical loss leagues championed, called the value they need. We should be celebrating ratio. Aetna in Connecticut lowered index. That is because when Minnesota that. This is not about putting the gov- premiums by 10 percent last year be- doctors get paid less for providing ernment between you and your doctor, cause of the MLR. higher quality care, everyone else as I hear sometimes. This is about get- Minnesota has a culture of high-qual- loses. Minnesota loses because Min- ting an insurance company out of the ity low-cost care. In fact, the Agency nesota reimburses 50 percent less per way and making sure that children can for Health Care Research and Quality Medicare patient on average in Min- get coverage. recently announced that in 2011, Min- nesota than for each patient, on aver- And adults. We have seen the limita- nesota’s health care quality was the age, in Texas. So Minnesota actually tion of lifetime limits on care. Your in- highest in the Nation. We were again gets punished for being No. 1. It gets surance company can no longer put an No. 1. We are always No. 1, No. 2, or No. punished for higher quality care with arbitrary cap on your care. I have seen 3. The medical loss ratio, which was lower reimbursements. Patients in a gentleman whose life was saved be- first passed as a Minnesota State law, Texas lose because they are not getting cause of this. Before this law came into is yet another example of Minnesota’s the highest value care for their health being they could drop you—and they leadership in bringing down health care care dollar. And all taxpayers lose did. That is over. That is done. People costs while preserving quality. when Medicare pays for unnecessary or do not have to worry about hitting an Minnesota’s unique health care cul- overpriced service in Texas or other arbitrary limit and then being thrown ture includes the Mayo Clinic, coopera- low-value States. off their insurance—because they have. tive models such as HealthPartners, This is not about pitting Minnesota We should be celebrating that. That is and visionary public health leadership against Texas or other low-value something that should be bringing a from State legislators. Health care in States. It is about incentivizing the lot of relief to people. That is why we our State is also distinguished by the Texases to be more like Minnesota— are going to be having far fewer bank- fact that 90 percent of Minnesotans are which, again, has the highest health ruptcies. served by a nonprofit health plan. care quality in the Nation. That will Parents will also be relieved to know These plans outperform their national begin to happen when the value index that young adults can now stay—they peers and are able to put 91 percent of kicks in under this law. had been able to stay on their parents’ every premium dollar toward actual It would be an understatement to say health insurance plan until they are 26. health services. In other words, they the law has received some attention Because of this provision, 35,000 young have a 91 MLR. this year, and I know there is a lot of adults in Minnesota are now insured on By taking profits out of the health uncertainty among our constituents their parents’ policies. insurance industry, Minnesota health about how the law will affect them. I was at a senior center in Woodbury plans do a better job helping our resi- That is because sometimes there is a the other day. Seniors are very happy dents live longer, healthier lives and little misinformation put out there. I with the changes that the health care deliver the No. 1 quality care in the just had a colleague say there is noth- law has made. When I visit senior cen- Nation. The medical loss ratio within ing in the bill to address paperwork. ters in Minnesota, I hear relief from the health reform law is holding all That is certainly not true. In fact, I au- seniors who now can pay for their health plans to the same standards we thored a provision on simplifying bill- medications thanks to the provision in have set in Minnesota by requiring ing. the health care law which is closing that 80 to 85 percent of premium dol- There is some misinformation on the doughnut hole. The provision has lars actually pay for health services. why IRS agents are there to look into already allowed 57,000 seniors in Min- Before this year, in other plans your insurance—and anything done in nesota to receive a 50-percent discount throughout the Nation, less than 60 the law to address workforce shortages. on their covered brandname prescrip- percent of the premiums were put to- That is not true. There is an entire tion drugs when they hit the so-called ward health care. The rest was being title on workforce. Sometimes people doughnut hole, an average of $590 sav- used for administrative costs, for mar- have to sort out what is being said on ings per person. keting, for bonuses, and for profits. In this floor. So there is some uncer- I can see the Presiding Officer nod- fact, one study of insurers in Texas a tainty. ding. I know she goes to senior centers few years ago showed MLRs, medical Let me take a moment to talk about in New Hampshire and knows when loss ratios, as low as 22 percent—mean- a few of the other things the law is al- seniors hear that people want to repeal ing that of all the premiums families ready doing for the people of Min- this they are miffed. I have actually were paying in to their insurers, the in- nesota. This is all in the law and hap- been at a senior center when they said, surers were spending only 22 percent on pening. I am just telling what is going What can we do? And they wanted to actual health care services for them. on right now. get up and go out and start being activ- That is why my medical loss ratio First of all, starting tomorrow, Au- ists for the health care law when they provision is so important. It squeezes gust 1, 900,000 women in Minnesota and heard that some of my friends want to the fat out of the health insurance 47 million women around the country repeal this. market and makes your premium dol- will have free access to preventive Some of them are making it just on lars go farther. For many families it is health services, including gestational Social Security. Now the doughnut actually lowering costs, delivering $1.1 diabetes screenings, preventive health hole is closing and they like that. It billion a year in rebates. Those checks, visits with their doctors, and FDA-ap- means they can take their medication $1.1 billion, are in addition to lowering proved contraceptives. Because of the and it means they do not have to take the premiums. For example, the 10-per- health care law, women, not their in- it every other day or they don’t have to cent reduction by Aetna in Con- surance companies, can now make de- cut it in half. My friends on the other necticut. This was an incredibly impor- cisions about their health care and can side want to repeal it. tant step because we know premiums access the services that will keep them Seniors are also getting free preven- were going up way too fast, a lot faster healthy. tive health services under the health than those families’ income. This is The health care law is also helping care law, such as mammograms, just one way the health care law is al- families in Minnesota and across the colonoscopies, as well as free annual ready changing the culture of care in country by prohibiting insurers from wellness visits to their doctor—and, our country. denying health coverage for children boy, do they like that. One of the other things the law did who have preexisting conditions. I have I could go on and on, but I will not. was move toward rewarding quality of met children who are alive today be- The point is, because of the law more care, not quantity of care. It specifi- cause of this provision. As a parent, I people are getting care, the quality of cally directed Medicare to start paying know how grateful their parents are. care is better, and we are lowering doctors based on the value of the care Parents around the country can now costs. I am proud of that. As we here in they provide, not the volume. This is a sleep a little easier, knowing that if the Senate head home to spend August provision that I and Senator KLO- their child gets sick they will still be in our States, I urge my colleagues to BUCHAR and several other of our col- able to get the health care coverage listen, as I do, when constituents tell

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.054 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5714 CONGRESSIONAL RECORD — SENATE July 31, 2012 us about the rebates they received. I some in the business community. We, a disaster for our economy, or a severe was on a plane two weekends ago. A therefore, have altered our bill in a sig- blow to our national security? I can’t woman showed me her check. The nificant way. believe there is even any discussion woman I was sitting next to showed me Another charge I have heard thrown about the need for us to have robust her rebate check. loosely around here is that somehow systems to protect us against mass cas- I urge my colleagues to listen to con- there has not been enough study; some- ualties, a devastating blow to our econ- stituents talk about the rebates they how there is not enough process; some- omy, and catastrophic consequences. receive, the kids who are able to stay how we need more hearings. Our home- That is a high bar in our bill for defin- on their parents’ insurance, the health land security committee alone has had ing what is critical cyber infrastruc- screenings that save the lives of grand- 10 hearings on cyber security—10 hear- ture. It isn’t every business in this parents. I hope they will listen to the ings. The Senate, as a whole, has had 25 country. Those who are implying that stories of kids with preexisting ill- hearings and numerous classified brief- it is and that this is sweeping are not nesses who were finally able to get cov- ings. How many more briefings, hear- accurately reading the bill. We would erage and seniors who were able to af- ings, and reports do we need? The head be irresponsible if we did not act when ford both their prescriptions and their of the FBI, Robert Mueller, has told us the warnings are so loud and are com- dinner. I urge my colleagues to ac- that in his judgment the threat of a ing from so many respected sources. knowledge these benefits and to sup- cyber attack will soon exceed the We have had the Aspen Institute port the continued implementation of threat of a terrorist attack. Of course, Group on Cyber Security Issues en- the Affordable Care Act. they may be combined. It may be a ter- dorse our bill and urge us to go toward I yield the floor. rorist group using cyber tools to its consideration. That is chaired by The PRESIDING OFFICER. The Sen- launch an attack on this country. President Bush’s Homeland Security ator from Delaware. There is a Web site video that shows an Secretary Michael Chertoff and by a Mr. CARPER. Madam President, arm of al-Qaida which encourages renowned expert on the other side of there are several people who wish to be cyber attacks and talks about how the aisle, former Congresswoman Jane recognized. If Senator COLLINS is ready easy it would be to conduct it. Harman. It also includes people such as to go, I will yield to her and then ask Senator LIEBERMAN and I, along with Paul Wolfowitz, not exactly a liberal unanimous consent to speak imme- our three principal cosponsors: Senator activist the last time I checked, but diately after her, then to be followed FEINSTEIN, Senator ROCKEFELLER, and certainly one who commands great re- by Senator ALEXANDER, if that is the Senator CARPER, have made significant spect for his knowledge in this area. will of the body. changes in our bill to respond to con- I am amazed we are letting the clock The PRESIDING OFFICER. Without cerns that have been raised. Most nota- tick down when we know it is not a objection, it is so ordered. bly we have gone from having a manda- matter of if there is going to be a cyber The Senator from Maine. tory framework to a voluntary ap- attack on this country, it is a matter Ms. COLLINS. Madam President, proach to enhance the security of our of when. first let me thank the Senator from most critical infrastructure. The un- Let me very briefly address another Delaware for his graciousness. In light derlying concept of this approach, issue. Is there some opposition among of the fact that there are so many peo- which was suggested in a very con- the business community to this bill? ple who are waiting to speak, I will be structive way by our colleagues Sen- Yes, there is. But there is also a great brief. But I want to talk about the leg- ator KYL and Senator WHITEHOUSE, is deal of support from the business com- islation that is before us, the cyber se- to encourage owners of our most crit- munity. We have, for example, a letter curity bill. This bill represents the ical infrastructure to enhance their from the NDIA, which represents 1,750 Senate’s best chance this year to pass cyber security by providing them with defense firms. We have letters of en- urgently needed cyber security legisla- various incentives, the most important dorsement from Sysco, Oracle, the Sil- tion. of which is liability protections. We icon Valley Leadership Group, the Why do I say it is urgent? Virtually have also made changes to improve the Business Software Alliance, from every national and homeland security privacy protections and the informa- Semantec, EMC Corporation, the Cen- expert, from President Bush’s adminis- tion-sharing title of our bill. ter for a New American Security, en- tration including President Obama’s The bill establishes a multiagency dorsements from individuals in the pre- administration, has warned us repeat- council, the National Cyber Security vious administration such as General edly that a cyber attack is coming and Council, to respond to concerns that Hayden, Mike McConnell, and Asa it is an attack that is going to be too much power was being given to the Hutchinson. There are many sup- aimed at our critical infrastructure. Department of Homeland Security. So porters for this bill. It is not surprising For us to let disagreements over ex- now we have an interagency body that because they know how important it is actly how to counter this threat pre- includes the Department of Defense, that we act. vent the passage of this bill would be a the Department of Justice, represented Ms. COLLINS. In closing, I wish to tragedy and could lead to a tragedy. by the FBI, the Department of Com- read a little from General Alexander’s This is serious. merce, the intelligence community— letter, which is dated today. In it he Yesterday we had a meeting with the undoubtedly it would be the Director of says: FBI, with the Department of Homeland the National Intelligence Office—and I am writing to express my strong support Security, with GEN Keith Alexander, appropriate sector-specific Federal for passage of a comprehensive bipartisan who is the head of cyber command, and agencies, such as FERC, if we are talk- cyber security bill by the Senate this week. the head of the National Security ing about how best to protect our elec- The cyber threat facing the Nation is real Agency. They were unanimous in warn- tric grid. and demands immediate action— ing us that Congress must act and The council would work in partner- Not action next year, not action next must act now. Every single day nation ship with the private sector and would Congress, not action even after the re- states, terrorist groups, hacktivists, conduct risk assessments to identify cess we are about to take. As General persistent hackers, transnational our Nation’s most critical cyber infra- Alexander says: criminal gangs, are probing our cyber structure. What do we mean by that? The time to act is now; we simply cannot defenses. Intrusions are rampant. As We hear that term. What exactly is afford further delay. Moreover, to be most ef- one expert told me, there are really critical cyber infrastructure? It is that fective in protecting against this threat to only two kinds of large companies in which, if damaged, could result in mass our national security, cyber security legisla- this country: those that know they casualties, mass evacuations, cata- tion should address both information sharing have been hacked and those that do not strophic economic damage to our coun- and core critical infrastructure hardening. know they have been hacked. It is so try or severe harm to our national se- That is exactly what the bill we have important that we act. I must say we curity. Don’t we want to safeguard brought before the Senate would do. I are working very hard to try to accom- critical national assets that if damaged urge our colleagues to join us. If they modate the concerns that have been would cause numerous deaths, people have other ideas, offer amendments, raised by some of our colleagues and by to flee their homes, their communities, but let’s get on with the task before us

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.055 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5715 before we are looking back and saying: the ultimate safeguard, I say to my Why did we change it from manda- Why didn’t we act? Why didn’t we pay colleague from Delaware and my col- tory to voluntary, from sticks to car- attention to all of those warnings? league, the chairman from Con- rots? Because we didn’t have the votes The PRESIDING OFFICER. The Sen- necticut, who also may want to add to to adopt the mandatory, which I think ator from Delaware. this. is necessary. Because of the urgency of Mr. CARPER. Madam President, The PRESIDING OFFICER. The Sen- the threat, as I just reflected that we while the Senator is still on the floor, ator from Delaware. heard yesterday from the professionals I wish to engage in a brief colloquy, ad- Mr. CARPER. I am going to direct in this area, we said—Senator COLLINS libbing this or, as I recall in football, this question to our chairman through and I, Senator ROCKEFELLER, Senator an audible. We have the two people who the Chair. One of the other criticisms FEINSTEIN, Senator CARPER—OK, we are most key to this, Senator LIEBER- of the early version of the bill was not are not going to get 100 percent of what MAN, chairman of our committee, and only was it top-down oriented and di- we want around here, and we under- Senator COLLINS, our ranking member, rected by Homeland Security, but also stand that, so let’s settle for 80 per- who worked very hard with their staff there were just sticks involved. We cent. Perhaps the other side will feel and our staffs to fashion this legisla- were not going to incentivize anybody they got 80 percent. But what is most tion. to comply with the standards that important is that we will get some- In recent years when we heard oppo- might be developed, but we would just thing done to protect our security. sition to doing something on cyber se- hammer somebody. That is not the way I must tell my colleagues we are at a curity, the concern we had was there it turned out. I commend the chairman point now in this debate, with the kind was going to be a top-down. There was for doing that. of never-ending questions about every going to be Homeland Security, which Will the chairman lay out for us in a detail, not withstanding all the com- in its early days did not have a very minute or two how it would work? I promises Senator COLLINS, Senator good reputation. The idea was that think it is a much smarter approach. CARPER and I have made and the filing somehow Homeland Security was going The PRESIDING OFFICER. The Sen- of an amendment by Senator MCCON- to be running this top down without a ator from Connecticut. NELL to repeal ObamaCare—we can whole lot of input from industry. Basi- Mr. LIEBERMAN. I thank my friend have a position on ObamaCare, but to cally we have taken even the second from Delaware for the question. This is put it on this cyber security bill is not most recent version of our bill, and we now a voluntary system and there is a fair, not relevant, not constructive. changed that. What we said is it is not lot to be said about that. I think we are coming to a moment going to be top-down, it is not going to I want to go back to that meeting where we are going to have to face a be Homeland Security saying these are yesterday. We had a broad bipartisan tough decision. I have talked to the the best practices, these are the stand- group of Senators who have been most majority leader about filing for cloture ards to protect cyber security. Instead active, but from different perspectives, soon so we can draw this to a choice: we said: Industry, what do you want to on this question of cyber security legis- Do our colleagues want to act to pro- tell us? ‘‘Us’’ being Homeland Security, lation who met yesterday with the key tect our cyber systems in this session ‘‘us’’ being the Department of Defense, cyber security officials in our govern- or do they not? That is a tough choice, ‘‘us’’ being the National Security ment from the Department of Defense, particularly if a Senator votes no, to Agency, ‘‘us’’ being the FBI. What do Department of Homeland Security, have to explain, in light of all the evi- you think those best practice stand- FBI, and the National Security Agen- dence of the constant cyber attacks ards should be? Give us a chance to cy. I am going to explain why we went going on now and the cyber thefts of work on those together. to the carrots and took out the sticks hundreds of billions of dollars from our Correct me if I am wrong, but I don’t by saying, in general terms, these ex- industries and tens of thousands of jobs think the deal here is for Homeland Se- perts—not political people, these are lost as a result to foreign countries, if curity to say: You have to throw those pros who deal with cyber defense—were the Senate is going to say, no, we don’t away; those make no sense, we will do asked by one of the Senators: What want to take that up now. I hope and it our way. That is not what is going to will happen if we don’t adopt this legis- pray that is not the case. happen here. lation or something like it this ses- The way this is moving right now, In our meeting yesterday with the sion? this last week of the session before we folks from the FBI and the National The cyber security professionals said break, I am afraid we are headed in the Security Agency, that is not the way it to us: Our Nation will be more vulner- wrong direction, and we don’t see the is going to work. It is not the way it able to cyber attack. kind of willingness to compromise that works today and it is not the way it is In other words, this legislation con- ought to be there. We are tested again going to work in the future. What does tains authority to share information in this Chamber: Are we going to fix the Senator think? between the government and the pri- national problems? It is hard to do on The PRESIDING OFFICER. The Sen- vate sector, between two private sector some of the fiscal issues we have ator from Maine. companies, that can’t be done now. turned away from, but on this one, tra- Ms. COLLINS. Madam President, if I That is critically necessary to improve ditionally, when it came to our na- could respond through the Chair to my our defenses. The requirement of stand- tional security, we have put the special colleague from Delaware, he is abso- ards being promulgated as a result of interests aside and together dealt with lutely correct, this is a collaborative a—or resulting from a public-private the national security interests. I fear partnership with the private sector, collaborative operation and then offer- at this moment, in response to my and indeed, it has to be. Eighty-five ing the carrot of immunity from liabil- friend from Delaware, that is not the percent of the critical infrastructure is ity is something that doesn’t exist direction in which we are going. I hope owned by the private sector, so it now. All the experts say, though some I am wrong. I am, by nature, an opti- makes sense to have their involvement. of the private sector operators of crit- mist, but right now I am a pessimist. We restructured the bill to require ical cyber security infrastructure—we I yield the floor. that, and there is another safeguard. are talking, again, about the compa- The PRESIDING OFFICER. The Sen- Since this is a voluntary system we nies that run the electric grid or the ator from Delaware. have now devised, adopting the Kyl- telecommunications system or the en- Mr. CARPER. My colleagues have Whitehouse approach, if the private tire financial system or dams that hold heard me say this before. We have been sector decided not to participate, it es- back water; we are not talking about joined by Senator ROCKEFELLER, who sentially invalidates the standards ma-and-pa businesses back home— has done great work, Senator FEIN- that are developed. So why would this some of them are doing a pretty good STEIN, and others, Democratic and Re- interagency council, which has devel- job at defending that cyber infrastruc- publican, who have done fine work on oped the standards based on the rec- ture, but most of them are not doing this legislation. ommendations of the private sector, enough. That is where the government But I love asking people who have not adopt reasonable standards? They has to come in and push them in that been married a long time: What is the want industry to participate. That is direction. secret to being married a long time?

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.057 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5716 CONGRESSIONAL RECORD — SENATE July 31, 2012 This is especially important for me to our financial systems. At the very are promptly notified in the event of a say this with Senator COLLINS sitting least, any one of these attacks could breach. This requirement would replace on the floor. She and certainly her hus- further slow the economic recovery of the current patchwork of 46 separate band to be anticipate their coming our country or disrupt it altogether. State laws while ensuring that con- marriage. But I love asking people who In a worst-case scenario, a particu- sumers have a uniform set of protec- have been married a long time: What is larly lethal cyber attack could throw tions they can understand. By adopting the secret to be being married a long parts of our country into chaos or even this data-breach amendment and pass- time? I get great answers, funny an- lead to widespread loss of life. If my ing the broader cyber security bill, we swers but also some very profound colleagues don’t believe that, look at will enable the United States to lead ones, and the best thing I ever got was the impact the recent summer storms by example both in preventing cyber the two Cs. What are the two Cs? Com- and the resulting power outages had on attacks from occurring in the first municate and compromise. That is not this region. If we don’t become more place and in responding swiftly and ef- just the secret for a long marriage, a vigilant and soon, a sophisticated fectively to protect consumers in the union between husband and wife, but it hacker can succeed in replicating that unfortunate event of an attack or a is also the secret for a vibrant democ- kind of power outage, putting many breach. racy. lives in danger and severely undercut- As we consider our amendment, the I think the two Cs characterize what ting the productivity of our workforce. Blunt-Carper amendment, let’s remem- is going on with this legislation be- The revised bill we take up today ber that this bill is not the finish line. cause I have been here a while—11 takes a number of bold steps to better If I can paraphrase Winston Churchill, years—and I don’t know that I have secure our critical infrastructure and this is not the end. This is not the be- ever seen better communication on an share cyber threat information. It will ginning of the end. This bill really rep- issue of this importance than I have in go a long way toward bringing our resents the end of the beginning. And this instance. It was very dramatic, cyber capabilities into the 21st cen- as beginnings go, it ain’t bad. very satisfying, and frankly, com- tury. It represents a good-faith effort Although we are still working out a promise, the kind of compromise we to address legitimate concerns of busi- compromise, I want to close by talking have talked about over the last 15 min- ness and privacy groups of our intel- very briefly about some of the features utes or so, needed, given, done will- ligence community and of Senators on of the underlying bill we are consid- ingly, to lead us to this point today. both sides of the aisle. ering. It has been said before, and I will say None of this bill’s five original co- First—I will reiterate what has been it again. The reason we are on this bill sponsors is suggesting our bill is per- said before; it bears repeating—we have today, why we have taken it up today, fect. As my colleagues hear me say elected not to direct the Department of this week, is because our economy and from time to time, if it isn’t perfect, Homeland Security to mandate new our national security are under attack. make it better. With that thought in cyber security regulations for private This is not the kind of war that some mind, we look forward to working to- owners of critical infrastructure. We of us served in during our youth. This gether with all our colleagues to find said we are not going to do that. In- is not the kind of war we have read common ground to make this legisla- stead, we have endorsed an approach about in history books. It is not the tion even better. that relies on a public-private partner- kind of war we have seen and watched For example, many of my colleagues ship and a voluntary cyber security on TV. This war is occurring in cyber and I are concerned that we don’t have program to strengthen the electronic space, and it is occurring in real time. the proper safeguards in place when backbone of our most sensitive sys- Literally, as I speak, it is being car- private information, ranging from So- tems. Instead of government penalties, ried out by sophisticated criminals, by cial Security numbers to financial our bill calls for using incentives such terrorists, and even by other countries. records, are compromised. The Amer- as liability protection to encourage While some hackers just want to cause ican public expects that government critical infrastructure owners to adopt mischief or make a political point, oth- agencies and private businesses holding voluntary cyber practices developed by ers want to hurt people, our people. our tax information, our medical industry. Still others want to steal our ideas, our records, and other sensitive data will Second, our revised bill provides a intellectual property, as well as other take every precaution necessary to en- framework for the sharing of cyber sensitive information. From clean en- sure that sensitive information is se- threat information between the Fed- ergy technologies and defense systems cure and well protected. Too often eral Government and the private sector to medical research and corporate those expectations are not met. while offering liability protection and mergers, cyber spies are looking to That is why I have introduced a bi- better privacy protections for all steal some of the very innovations that partisan amendment with my colleague Americans. fuel our economy and help make us a Senator BLUNT to address concerns re- Third, to ensure that Federal agen- great nation. garding data breaches which occur all cies are better equipped to stop cyber GEN Keith Alexander, the com- too often. Our amendment would en- attacks on them, the bill includes a mander of U.S. Cyber Command, has sure that Americans can be confident number of security measures that I called these efforts the greatest trans- that their private and sensitive infor- have worked on for years with Senator fer of wealth in history. Those of us mation is made more secure. As our COLLINS and others to better protect who have tried to put a dollar figure on Nation becomes increasingly reliant on our Federal information systems. In how much intellectual property we are technological advances to do just about particular, this bill will help replace losing to cyber theft have put the everything, it is imperative that we our outdated, paper-based security pricetag at about $1⁄4 trillion per year. not let technology outpace our ability practices with a real-time security sys- It is not just valuable information we to prevent fraud and identity theft. tem that can actively monitor, detect, are losing. To put it bluntly, it is However, with the recent breach and respond to threats. For example, American jobs, and it is our competi- within the Federal employees retire- agencies will be required to continu- tive edge. ment program—the Thrift Savings ously monitor their systems the way a Of course, the same vulnerabilities Plan—over 100,000 Federal participants security guard would watch a building being exploited to steal our intellec- know all too well that their sensitive through a video camera rather than tual property can be used by those who private information is not always safe- just taking a snapshop, developing the want to attack us to do physical harm. guarded as it should be. film, and reporting on the results once With a few clicks of a mouse, cyber ter- The amendment Senator BLUNT and I a year. rorists or a sovereign nation could shut are offering seeks to ensure that all en- Finally, our bill makes a number of down our electric grid, they could shut tities holding personal sensitive infor- important investments in developing down manufacturing, they can release mation have to adhere to a national the next generation of cyber security dangerous chemicals into our air, they standard that is designed to keep that professionals. This is workforce devel- can release dangerous chemicals into information safe while ensuring that opment. For example, the bill provides our water supply. They could disrupt both consumers and law enforcement stronger cyber security training and

VerDate Mar 15 2010 02:30 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.059 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5717 establishes better cyber security pro- The PRESIDING OFFICER. Without ago. It is both simple—it can be grams in our schools and in our univer- objection, it is so ordered. accessed through a few keystrokes or sities. This legislation also makes re- The PRESIDING OFFICER (Mr. screen touches—and yet it is enor- search and development for cyber secu- WHITEHOUSE). The Senator from New mously complex in its infrastructure. rity a priority so we can develop cut- York. We have to do everything we can to ting-edge technologies here at home Mr. SCHUMER. Mr. President, first, I protect that free and open access—that and bring jobs to our country. Doing so wish to salute my colleague from Dela- is the theme of my speech today—al- will not only make us safer as a nation, ware. We have a number of people in though we also, of course, have to pro- it will help ensure that America’s this body who will take on the very tect the critical infrastructure behind workforce is better prepared for tomor- tough issues—issues, frankly, that can it. row’s job market, and tomorrow is just only succeed when there is bipartisan We are all aware of the national secu- around the corner. agreement but that are deep and com- rity risks if we do not do a cyber bill. I wish to conclude my remarks here plicated and take day after day, week Many of us have sat up in the Visitor today with something that one of our after week, even month after month of Center, in the secure room, and heard colleagues, MIKE ENZI of Wyoming, in- effort—and there are not many who leaders of our military and intelligence troduced to me several years ago. MIKE can craft that type of legislation. The agencies tell us that the greatest calls it the 80–20 rule. He used it at the Senator from Delaware is one of them. threat to America is a cyber attack on time to explain to me how he, one of He did it on the postal bill. He is doing our critical infrastructure—in many of the most conservative Republicans in it here on cyber security. I believe on their estimation, even more dangerous the Senate, and the late Ted Kennedy, both of them he will have ultimate suc- than terrorism. one of the most liberal Democrats in cess, and we thank the Senator. We Hackers broke into the Pentagon’s the Senate, were able to accomplish so thank him for his good work. F–35 Joint Strike Fighter project, much prior to Ted’s death when they Now I would like to discuss the cyber stealing the aircraft’s design and elec- were the two senior leaders on the Sen- security bill. I am very hopeful that we tronic-related schematics. It is not ate Health, Education, Labor, and Pen- will pass a bill that will find a good and hard to imagine a scenario where hack- sions Committee. workable balance—one certainly that ers break into a gas refinery or a nu- I said to Senator ENZI: How come the ensures that our critical infrastructure clear powerplant to wreak havoc with two of you, very different people—one a has the most effective counter- the control computer systems, nor is it Democrat and one a Republican—were measures to prevent cyber attacks but hard to see a scenario where Iran at- able to get so much done? one that will also encourage our dy- tempts to learn some of our nuclear se- Senator ENZI said to me: Ted and I namic technology industry to continue crets. So it is very important to deal agreed on about 80 percent of what to innovate, and protect freedom of ex- with the critical infrastructure piece. needed to be done on most issues, and pression and privacy on the Internet. Mr. President, let me commend you we disagreed on the other 20 percent. Let me remind my colleagues that for your hard work in this area, along Somewhere along the way, we just de- the Internet was originally developed with the Senator from Arizona. We are cided to focus on the 80 percent we as a way for universities, governments, still hoping and praying you guys can agreed on and set the other 20 percent and companies to collaborate on re- come to an agreement, along with the aside for another day. search and other projects. The whole help of many. I know Senator MIKULSKI The cyber security legislation we are purpose of the Internet was meant to has been very active and many other of debating here today this week is an 80– stimulate the open exchange of ideas, my colleagues, but the Presiding Offi- 20 bill. I think it is worth asking, is it and as a result it has changed the cer’s leadership has been exemplary as worthwhile to pass a bill that achieves world. We have seen it in Egypt, in well, and I would apply the same words maybe only 80 percent of what we want Russia, in China. We have seen the to you that I applied to the Senator to do or even only 70 percent of what Internet—people’s ability to commu- from Delaware before in terms of work- we want to do? I would just say, well, nicate, unfettered by government or ing on complex, difficult projects and compared to what? Compared to doing other strong forces—create huge moving forward with them. nothing? Compared to zero? Given all amounts of power—good power, posi- Anyway, it is so very important that that is at stake in today’s dangerous tive power. we protect our infrastructure, but at world, you bet it is worthwhile. That Just ask the entrepreneurs who de- the same time—and this is what makes much we ought to be able to agree on, veloped whole new ways of selling prod- the legislation even more difficult—we so let’s get it done. ucts and developing services about how have to be aware of the risk to a crit- Like many of my colleagues who the Internet was made to stimulate the ical part of our economy if we do not have worked on the legislation for open exchange of ideas. It has given the do it right, if we do not do it carefully, years, I welcome the opportunity this opportunity to someone with an idea to if we do not do it thoughtfully, and if week to legislate—to legislate—on an actually take that idea and turn it into we do not balance the need to protect issue of great importance to our Na- a business because it so reduces the infrastructure with legitimate rights of tion, to offer our amendments, to de- transaction costs of doing so. Just ask the freedom of the Internet and of pri- bate them, to defend them, to vote on the inventors and creators who have vacy. them, make this bill better by doing fostered new means of expression, al- To be perfectly frank, I have a big so, and in the end adopt this bill as lowing us to communicate in real time, dog in this fight. You see, the Silicon amended by a bipartisan margin. A lot efficiently and inexpensively, with our Valley may have given us the semicon- of people in this country of ours ques- colleagues all over the world. ductor, but New York City, in my opin- tion today whether we are still able to I am an efficiency bug. I like to use ion, will be the birthplace of the next set aside our partisan and other dif- ‘‘I am a busy fella.’’ I love the work I great generation of Internet giants. ferences when the stakes are high and do, and I like to use it as efficiently as New York entrepreneurs started Four- summon the political will to do what is possible—the fact that I can have a square, Tumblr, and Kickstarter. best for America. Let’s show them by laptop or an iPad in the car while the CodeAcademy, TechStars, and General our actions this week that, yes, we can. car is driving forward. I am not driv- Assembly are training the next genera- Let’s seize the day. Carpe diem. ing; I am sitting there working. In the tion of Internet entrepreneurs. Venture With that, I yield the floor. old days, you could not do that. It is capital is flocking to New York to help The PRESIDING OFFICER. The Sen- amazing how it has improved our effi- these startups. For the first time, we ator from Connecticut. ciency. It is sort of, in a certain sense, are getting engineers and scientists Mr. LIEBERMAN. Madam President, Adam Smith’s dream because it re- who want to be in New York. We are I ask unanimous consent that the pe- duces transaction costs and allows us still not at the level of the Silicon Val- riod for debate only on S. 3414, the Cy- to focus effectively on producing what ley, but we are probably No. 2 in the bersecurity Act, be extended until 6:30 people want and need. country in this regard, and, like all p.m.; further, that the majority leader In short, our cyber world is one we New Yorkers, we want to be No. 1 at be recognized at 6:30 p.m. could have never imagined 30 years some point.

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.061 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5718 CONGRESSIONAL RECORD — SENATE July 31, 2012 What is more, the existing Internet the Baileys, feel when they go online to stock disaster programs, it provides giants—Facebook and Google and buy birthday presents for their grand- tools to help reduce fire risk and im- Twitter—have all opened major offices children. prove forest health, it improves and in- in New York City. Google has over 3,000 So in the final bill, we must find the creases access to crop insurance to pro- people. I was proud to be at the open- right balance to preserve the economic tect against future natural disasters, it ing of Facebook, and they are so happy viability of the Internet; otherwise, authorizes direct and guaranteed loans with their office, they are expanding there will be no critical infrastructure for recovery from wildfires and its role already. These companies know to protect. But we must protect pri- drought, and the list goes on—all im- the talent and energy that are unique vacy rights, and I think the Franken portant programs necessary to deal to New York, and they do not want to amendment—and I commend it to my with this disaster we are facing in our miss out on the next great idea. That, colleagues; a lot of work has gone into country today. as I said, is likely to come from New it—puts the balance in the right place. The Senate’s 5-year farm bill makes York. I hope that as we move forward on necessary upgrades to the policies in These ideas are not just important this bill—either now or in September the 2008 farm bill to help Americans re- for New York but for America. Internet when we return—we will get broad bi- cover from natural disasters, and it and tech companies around the country partisan support for that amendment does it without digging the country have ushered in a new era of change. because it enables us to, in a certain deeper into debt. The Senate passed They have made our world a dras- sense, have our cake and eat it too: this bipartisan farm bill in June, but tically and dramatically different place protect our infrastructure but at the the House will not take action on it. than it was even 10 years ago—a better same time protect, nurture our cre- Plus, the House is expected to move a world, a more open world, a more pro- ativity and the openness of the Inter- separate bill, essentially a 1-year ex- ductive world. net and protect our privacy. tension of the old 2008 farm bill. A 1- But one thing remains the same: We With that, Mr. President, I yield the year extension of outdated and ineffi- do not have a coherent and comprehen- floor. cient policies is not adequate, it is irre- sive national strategy to protect the The PRESIDING OFFICER. The Sen- sponsible. We need the substantial re- critical networks that power our every- ator from Nebraska. forms in the Senate’s 5-year farm bill day lives—our homes, our businesses, THE FARM BILL now. A 1-year extension of current pol- and our computers. It is akin to pro- Mr. NELSON of Nebraska. Mr. Presi- icy does nothing to help those who tecting the Taj Mahal with a chain dent, the worst drought in 50 years has need the farm bill and its disaster re- link fence and a bike lock. These net- hit Nebraska and the entire Midwest lief the most. When you can do better, works protect our water systems and hard. Every single one of Nebraska’s 93 you should do better. our financial information, the electric counties is in a state of severe drought. Congress passed a 5-year farm bill in grid and our e-mail accounts. If you look at the chart I have in the 2008, 2002, 1996, 1990, 1985—you get the This bill goes a long way in estab- Chamber, you can see that the drought picture—just about every 5 years be- lishing a set of principles and programs is throughout the Midwest, into the tween 1965 and today. Surely the House that will make these vulnerable net- Middle East, down into the Southeast, can pass a proper 5-year farm bill. And works safer, but there are some parts down into Texas and the West, even the need to is all the more apparent in of the bill I fear go a step too far in the drought conditions in Hawaii, and it is the face of the nationwide drought, name of security over privacy, and abnormally dry up in the northern part with the disaster relief provisions in there has to be a balance. The same of Alaska. The USDA has already de- the 2008 farm bill having expired on minds who have given us the great clared more than 40 Nebraska counties September 30 last year, 2011. Internet innovations of the 21st cen- as natural disaster areas. If you take a Now, instead of passing a 5-year ex- tury have told me, convinced me, edu- look at this picture, you can see the tension of the farm bill, they have held cated me that we cannot cede too much cornfields that are just completely dirt a lot of political messaging votes and power to one side of this equation. fields now; pasture that is nothing they put off doing what should have We all know that in this very com- more than dried grass, where there is been done at the very beginning. And plex cyber world, we do give up some of still grass and dirt; the soybean fields now, while America is getting hit by our privacy, but unabated authority to are decimated; and corn is in many drought and fire, while American farm- stifle innovation in the name of cyber areas not only dwarfed in its growth ers and ranchers do not have the dis- security is a bridge too far. That is but is not producing ears of corn. The aster relief because there is no farm why I am happy to cosponsor the bone-dry conditions continue to dam- bill, the House is merely going to pass amendment of my colleague from Min- age corn, soybeans, pastures, and a 1-year extension of current policies. nesota AL FRANKEN. He has become an rangeland, even as we speak. They want to buy some time, kick the expert on trying to figure out how we Just last week a small blaze quickly can down the road. can preserve the dynamism, the effec- spread over the parched land in north Well, now it is time for the House to tiveness, the efficiency of the Internet central Nebraska. It rapidly grew into do its job. Do what is right for the but at the same time preserve our pri- a fire that consumed tens of thousands country. Do not take the easy way out. vacy. of acres, 14 houses, and forced many Show the American people that you re- As more and more of our economic others from their homes. member why you are here and what lifeblood has shifted into the cyber Nebraska is fortunate to have had you need to do and can actually do it. world, we have an obligation to ensure hard-working firefighters in our State Americans do not want a flimsy 1-year that the infrastructure that validates and others to put out those flames. extension of inadequate coverage and credit card purchases, directs planes, Hopefully, we will not need to utilize outdated policies. Americans want a and controls electricity is well pro- their talents in the near future. Now dependable, modern, and economical 5- tected against cyber attack. It is not a what Nebraska needs is disaster relief. year farm bill that cuts Federal spend- secret that people want to disrupt our And we are not alone. If you look at ing. That is what the Senate gave the way of life, and it is easy to imagine a this chart, you will see that a good House. That is what the House Agri- world where terrorists attempt to take part of the rest of the country needs culture Committee gave the House to control of railroad switches and traffic disaster relief as well. Unfortunately, work with—its own 5-year plan. Sure, lights to cause incredible disruption to the disaster programs in the 2008 farm there are real differences between the our everyday lives. However, we must bill have already expired. Senate bill and the House Agriculture make sure that in protecting what we While the Senate passed the 5-year bill, but there should be room for con- have, we do not stifle innovation, we do farm bill in June, the House is not even sensus. So the House must pass the bill not trample on people’s privacy rights. expected to take action on it. The Sen- or pass our bill, but do not pass a 1- We have to leave room for the creation ate’s 5-year farm bill strengthens and year extension of outdated policies from the next Steve Jobs, Bill Gates, improves the 2008 farm bill, particu- that will not work for modern Amer- or whomever, while protecting the se- larly the natural disaster relief provi- ican agriculture. Do not try to just curity the average middle-class family, sions. It beefs up and rehabilitates live- coast along without a 5-year farm bill.

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5719 The lack of a 2012 farm bill will fail fending, it is the security of the United thank God. He posted online what he to provide certainty to farmers and States. had done—a warning at least, perhaps a ranchers and lead to higher prices for A chief information officer at one of bit of bragging that he was able to do all consumers at the grocery store. And the businesses that owns part of our it. But think about an enemy who had this is on top of the already predicted critical infrastructure said to me at hostile intent against the United 3 to 4 percent rise in food prices caused one point that it is hard to get the at- States who would launch similar at- by the drought. We do not want that tention of the CEO on this problem. tacks against several small utilities and America deserves better. Nebras- The CEO is balancing a lot of consider- around the country—or large utilities, ka’s farmers and our American farmers ations, looking at annual budgets and for that matter. and ranchers and all those affected by quarterly profits. For the average CEO, Mr. President, last week, the people the drought are depending on Congress the threat of cyber attack is distant. who are the real experts on cyber space to do our job right and fairly debate For the average chief information offi- gathered in Las Vegas at the annual— this issue. So do not kick the can down cer, it is not so distant. and this is an interesting title—Black the road. As the majority leader pointed out Hat Computer Security Conference. I urge the House to bring a 5-year earlier, I think it may help to look at They issued yet more warnings. farm bill to the House floor as soon as something very difficult to look at, The conference opened with a very possible. which is what is happening in India strong warning from Shawn Henry I yield the floor. today where the power system has col- who, until recently, was the Assistant Mr. LIEBERMAN. Mr. President, I lapsed for hundreds of millions of peo- Director of the FBI in charge of the suggest the absence of a quorum. ple. That is a breakdown, as far as we FBI’s considerable cyber program. The PRESIDING OFFICER. The know—and I believe that is what is the Some people call Shawn Henry the Na- clerk will call the roll. fact—that is a breakdown in parts of tion’s top cyber cop. He said this at the The legislative clerk proceeded to the electric grid. Black Hat Conference: call the roll. Let me give another example. Last The adversary knows that if you want to Mr. LIEBERMAN. Mr. President, I year, in Connecticut, we had a very se- harm civilized society—take their water ask unanimous consent that the order rious early winter storm where there away, do away with their electricity. There for the quorum call be rescinded. were still a lot of leaves on the trees; are terrorist groups that are online now call- The PRESIDING OFFICER. Without the branches were heavy. A lot of trees ing for the use of cyber as a weapon. objection, it is so ordered. fell and took out a lot of power lines in He went on: Mr. LIEBERMAN. Mr. President, I our State. A lot of people were without People will not truly get this until they rise to continue the discussion on the power for days and days and days. Pub- see the real implications of a cyber attack. cyber security legislation, and particu- lic buildings were used as shelters for For example, people knew about Osama bin larly S. 3414, the pending business be- Laden prior to 9/11, but that awareness had the homeless. Elderly people, particu- risen by several orders of magnitude after fore the Senate, which is the Cyberse- larly, were affected with food spoiling the attacks. curity Act of 2012, the bipartisan piece in the refrigerators, the lack of lights Mr. Henry, former director of cyber of legislation to deal with an urgent in their dwelling, et cetera. programs at the FBI, concluded: national crisis. Just imagine for a moment if that I want first, again, to speak to our I believe something like that will have to was not the result of a weather event happen in the cyber world before people colleagues about the seriousness of the but of a cyber attack. Cyber systems truly get it. threat. I think sometimes that because are controlling the electric power grid, Obviously, we all hope and pray not, most people haven’t experienced the and I believe they are vulnerable. I but at this moment in this debate, in consequences of a cyber attack—and think the same of a lot of the other the Senate’s consideration of the Cy- most are not aware of the constant cyber systems that control critical in- bersecurity Act, there are a lot of in- cyber theft going on with moving frastructure in our financial system. flexible positions that are being taken. money from bank accounts and steal- The computer systems we depend on People are not willing to come to- ing industrial secrets—frankly, a lot of for the movement of money from one gether across ideological and political the businesses that are victims of the account to the other, the direct depos- divides to deal with a problem and a theft don’t want to acknowledge them its we do, the money in our accounts, threat that faces us all. I fear that Mr. or announce them for fear of exposing the billions of dollars that move be- Henry may well have been right. their own lack of adequate cyber de- tween financial institutions every Mr. President, I urge my colleagues, fenses, but also a kind of general em- day—what would happen to our coun- don’t run the risk that it will take a barrassment. Yet we now know as a try if those systems were knocked out cyber 9/11 to bring us rushing back here public matter—whether it has sunk or what would happen if Wall Street to adopt cyber security legislation. It into the consciousness among most of and the stock exchanges were knocked doesn’t take much to imagine what the American people—that some great out? will happen if we are the victims of a companies that are very tech savvy, Again, as I said earlier today, think major cyber attack. Minor cyber at- cyber savvy, have been the victims of about the real nightmare situation, tacks are happening every day. Major cyber attacks. which is that a dam controlled by a cyber thefts occur regularly in Amer- Sony, RSA, Google, and others have cyber system is penetrated by an ica every day. Let’s heed the warning come momentarily to public attention, enemy who opens the dam and and come together over special inter- but I think what this has meant has unleashes water, and torrents of water ests to meet a national security inter- been unclear to people. It may, in fact, knock out communities in the path of est and challenge. be unclear to many of the leaders of that water and kill a lot of people. I yield the floor and suggest the ab- the private corporations that control That is all, unfortunately, the age that sence of a quorum. so much of our critical cyber infra- we live in and the vulnerability we The PRESIDING OFFICER. The structure. have. clerk will call the roll. In America, 80 to 85 percent of the There was a story in the Washington The assistant legislative clerk pro- critical infrastructure is privately Post—I believe I talked about it before ceeded to call the roll. owned. That is the American way. That in this debate, but I will repeat it— Mr. NELSON of Florida. Mr. Presi- is the way it ought to be. But it means about a young man on the other side of dent, I ask unanimous consent that the when the private sector owns critical the world sitting at his computer at order for the quorum call be rescinded. infrastructure which can, and will be, a home. He was nothing special, but he The PRESIDING OFFICER. Without target of hostile action, enemy attack was smart and computer savvy. He objection, it is so ordered. in this new world of ours, then we have broke into the computer-controlled Mr. NELSON of Florida. Mr. Presi- to create a partnership with the pri- system—the cyber system controlling a dent, there is such an important sub- vate owners of this critical infrastruc- small water utility in Texas. He had ject that is looming over the country ture to raise our defenses because it is the ability to disrupt the functioning right now that Congress can do some- not just their businesses they are de- of that entire utility. He didn’t do it, thing about; that is, the possibility of

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.064 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5720 CONGRESSIONAL RECORD — SENATE July 31, 2012 cyber attack. We have had this dis- national security threat. It is a na- ing security firm Mandiant has ex- cussed by a number of people in very tional economic threat. We cannot af- plained, for example, that ‘‘in over 90 high and responsible positions and the ford to wait to pass legislation to re- percent of the cases we have responded threat is real. spond to this threat. The leading na- to, government notification was re- What the threat means to all of us in tional security experts in each party quired to alert the company that a se- our everyday lives is that electrical agree: Now is the time to pass com- curity breach was underway. In our systems could be shut down, water sys- prehensive cyber security legislation. last 50 incidents, ‘‘ he said, ‘‘48 of the tems could be shut down, the banking The Cybersecurity Act of 2012 is a victim companies learned they were system could be shut down, sewer sys- strong, comprehensive bill that will breached from the Federal Bureau of tems could go awry, and we can go on make our Nation safer. It will provide Investigation, the Department of De- and on. For months we have been sty- for the sharing of threat information fense, or some other third party.’’ mied from passing anything because of between the government and private The FBI’s experience was similar. a disagreement in the business commu- sector, and it will provide for the hard- When the FBI-led National Cyber In- nity, which is going to be one of the ening, for the protection of the net- vestigative Joint Task Force informs main recipients of a potential cyber at- works of the private companies that the corporation it has been hacked, 9 tack. operate America’s critical infrastruc- times out of 10, the FBI reports, the I will choose my words very carefully ture—that run our electric grid, that corporation had no idea. In Operation Aurora, the cyber at- as a member of the Senate Intelligence run our financial networks, that run tack which targeted numerous compa- Committee and say this potential at- our communications systems and the nies, only 3 out of the approximately tack is real. It is real not only from other infrastructure that is essential 300 companies attacked were aware rogue players but also some state ac- to conducting the day-to-day way of that they had been attacked before tors, and we need to get this legislation life Americans enjoy, that is essential they were contacted by the govern- up and going. I am most encouraged to to our national security and to our eco- think we are at a position to get agree- ment. nomic well-being. These are not unique incidents. Glob- ment; that the chairman and vice The Senate voted to proceed to this ally, I have said, General Alexander chairman of our Intelligence Com- bill in a very broad, bipartisan man- has said, and others have said that mittee are going to come together in ner—84 votes, as I recall. It has been America is right now on the losing end an agreement. We need to pass this— disappointing in the wake of that that of the largest illicit transfer of wealth this week—because this is deadly seri- some elements within the business in human history through cyber attack ous. community are failing to cooperate, and through the theft through cyber I refer to a letter that has been made are failing to, for instance, provide attack of our intellectual property. So public from the commander of Cyber constructive suggestions in areas this is an industrywide problem. Command, a four-star general, GEN where they have disagreement with Even the U.S. Chamber of Commerce Keith Alexander. He is also the head of this important legislation. Indeed, has been the completely unwitting vic- the National Security Agency. He has some appear intent on just preventing tim of a long-term and extensive cyber done a remarkable job. He sent a let- the Senate from passing legislation intrusion. Just last year the Wall ter, dated today, to the majority leader that would make us all safer. Street Journal reported that a group of imploring the Senate to move. In some cases these interests are not hackers in China breached the com- Whatever disagreements there have negotiating to get a bill that protects puter defenses of the U.S. Chamber, been over the concern of the Depart- their interests. They are blockading to gained access to everything stored on ment of Homeland Security being the stop a bill that will protect all of our its systems, including information interfacing agency can be worked out. interests. To put this blockade into about its 3 million members, and re- The National Security Agency—which context, consider the views of GEN mained on the U.S. Chamber of Com- almost all of us have enormous con- Keith Alexander, the Director of the merce’s network for at least 6 months fidence in—is going to be directly in- National Security Agency and of and possibly more than a year. The volved. United States Cyber Command. Gen- chamber only learned of the break-in It is my hope and I am expressing op- eral Alexander is the most senior and when the FBI told the group that serv- timism that we are going to get this respected cyber security expert in our ers in China were stealing its informa- legislation out of here and to the Nation’s military. He runs our two tion. House. If they can’t pass it before this most technically sophisticated and Even after the chamber was notified August recess, at least we can have skilled cyber operations. Today he and increased its cyber security, the some items over the August recess wrote: article stated that the chamber contin- start to be informally conferenced to The cyber threat facing the Nation is real ued to experience suspicious activity, iron out any differences between the and demands immediate action. The time to including a ‘‘thermostat at a town- House and the Senate. act is now; we simply cannot afford further house the Chamber owns on Capitol The PRESIDING OFFICER (Mr. BEN- delay. Moreover, to be most effective in pro- Hill . . . communicating with an Inter- NET). The Senator from Rhode Island. tecting against this threat to our national net address in China . . . and . . . a Mr. WHITEHOUSE. Mr. President, I security, cyber security legislation should printer used by Chamber executives am here this afternoon to speak about address both information sharing and core spontaneously . . . printing pages with critical infrastructure hardening. the Cybersecurity Act of 2012, the Chinese characters.’’ These are the peo- measure that is on the Senate floor The Cybersecurity Act addresses ple we are supposed to listen to about right now. This important bill address- both of those issues, information shar- cyber security. es a serious and immediate threat to ing and core critical infrastructure A recent Bloomberg News article our Nation’s security. I served 4 years hardening. It does what our military’s makes it clear that this was not an iso- on the Intelligence Committee during leading cyber security expert says is lated incident. It describes how hack- which I worked hard to understand the necessary to be done to protect the Na- ers linked to China’s army have been cyber security threat. I helped Senator tion. seen on the networks of a vast array of MIKULSKI and Senator SNOWE write the That, then, is the view of the leader American businesses. The article de- Senate Intelligence Committee Cyber of our military cyber warriors and scribes how what started as assaults on Security Report. I am the chairman of cyber defenders based on both deep ex- military and defense contractors have the Judiciary Subcommittee on Crime perience and access to the most deeply widened into a rash of attacks from and Terrorism that has jurisdiction classified information held by the U.S. which no corporate entity is safe. over cyber security. As I have ex- Government. Among other cyber attacks, Bloomberg plained before on the floor of the Sen- In contrast, industry arguments News reported, the networks of major ate, the cyber threat against our Na- against cyber security legislation ap- oil companies have been harvested for tion—against our intellectual property, pear to have been developed with little seismic maps charting oil reserves—it against our privacy, and against our or no awareness of the threat facing saves work if you can steal that infor- safety—is vast and it is upon us. It is a our Nation. Kevin Mandia of the lead- mation rather than find it yourself—

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.066 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5721 patent law firms have been hacked for retary Chertoff has explained, is likely well, ends up with an array of govern- their clients’ trade secrets—again, free to fail in allocating the correct amount ment agencies approving or dis- access to valuable information—and in- of investment to manage risk across approving that, and whatever standard vestment banks have been hacked into the breadth of the networks on which is ultimately approved by the govern- for market analysis that might impact our society relies. One example of this ment council of agencies, the industry the global ventures of certain state- type of market failure is the decision companies are free to opt in or opt out. owned—nation-state-owned, foreign- of gas, electric power, and water utility If they think the regulation is unrea- country-owned operations. industries to forgo implementation of a sonable, they are at liberty to opt out After having been victimized repeat- powerful new encryption system to entirely. A comprehensive liability edly by cyber attacks and having shield substations, pipeline compres- protection structure has been created learned about them only when the gov- sors, and other key infrastructure from as an inducement for companies to par- ernment arrived to help them fix the cyber attack because of cost concerns. ticipate, but it is a strong and powerful problem, one would think critical in- It should be noted the costs in this case check on the standard-setting appa- frastructure operators or their rep- would be approximately $500 per vul- ratus that ultimately the industry can resentatives would be keenly aware of nerable device, and they still would not choose to opt out if it is unreasonable. the urgent need for cyber security leg- do it. An enormous step has been taken by islation. One would think they might The unwillingness of industry to the authors of the current bill toward a come to this issue with some sense of adopt necessary security standards is compromise. We need a step coming humility based on the patent inad- particularly troubling when we con- back the other way in order to get this equacy of their defenses. One would sider the scope and scale of the risks done. think that elected officials sworn to associated with a failure of critical in- I see my distinguished colleague the protection of this country might frastructure. The current electricity from Tennessee is here. Let me take view with some caution and some skep- grid knocked down in India—leaving one moment as I yield to express my ticism claims by folks who are hacked 600 million people without power— appreciation to Nick Patterson of the and penetrated virtually at will, usu- shows how bad things can get when Department of Justice who has been on ally without even knowing about it, critical infrastructure fails. The cause my staff on assignment from the na- that they can handle this just fine on of this massive failure is not clear, and tional security division for months and their own. Yet industry opposition re- there is not yet any evidence that it months working on this issue. Today is mains, even after the bill has been re- was caused by a cyber attack, but it his last day. I want to thank him for vised to include a very business-friend- vividly illustrates the vulnerability of his work on this effort. I want to thank ly, voluntary, incentive-based approach humankind when the critical infra- the Department of Justice for loaning to hardening up critical infrastructure structure we depend on is knocked him to me and having them lose this that we all depend on. Unfortunately, down and of the terrible possible con- valuable member of their national se- some colleagues can only hear the sequences of the failure of that critical curity division to help us develop this siren song of the industry lobbyists, infrastructure. legislation. He has been a valuable part even with plain and ominous national The scale of the threat we face, the of an immensely capable team in my security threats staring them in the plain inadequacy of current safeguards office, led by Stephen Lilley, that has face. in the corporate sector, and the con- gotten us to at least where I am today Some in industry claim that a bill sequences of failure in this area of crit- on this legislation. with only information sharing between ical infrastructure all join together to I thank the Presiding Officer, and I the government and business would be demand passage of comprehensive thank the Senator from Tennessee for sufficient and that protection of crit- cyber security legislation. This is a his courtesy. ical infrastructure is not necessary. matter of national security. It is our I yield the floor. This premise is wrong. Statements to responsibility here in this building to The PRESIDING OFFICER. The Sen- the contrary are simply false. Such as- do what we can to make the Nation ator from Tennessee. sertions have been repudiated by the safer regardless of any parochial inter- Mr. ALEXANDER. Mr. President, the people who lead the charge with our ests. Now is the time for us all to come majority leader is coming to the floor Nation’s defense, and who have been together to get this important job at 6:30, and I will yield to him at that confirmed in these roles by the Senate done. time. who have repeatedly, and as recently I will conclude by saying we are tan- I would like to thank Neena Imam, as today, emphasized the need to pro- talizingly close to having an agree- who is sitting with me, for serving on tect critical infrastructure. These offi- ment. If people will take one last step my staff for the past two years as a fel- cials include Secretary of Defense Pa- forward to get that agreement, I think low with the Oak Ridge National Lab- netta, Director of National Intelligence we can do it. If people back away be- oratory. She has done a terrific job Clapper, Attorney General Holder, Sec- cause of the urging of parochial inter- working for me on energy and environ- retary of Homeland Security Napoli- ests, we will fail at this opportunity. mental policy. tano, and others. I want to conclude by expressing my Mr. President, today is the 100th an- Indeed, it is not just this administra- congratulations to the chairman of the niversary of Milton Friedman’s birth- tion that holds this view. A wide range committee on Homeland Security and day, the Nobel Prize Laureate. One of of national security experts from pre- his ranking member who have worked his most important statements, in my vious Republican administrations have hard and who have given an enormous opinion, was this, ‘‘Nothing is so per- emphasized the vulnerability of our amount. We began with a traditional manent as a temporary government critical infrastructure, including government-run regulatory procedure, program.’’ It was reported by several former Director of National Intel- which is one that everybody is familiar media outlets that Governor Mitt ligence and NSA Director ADM Mike with and has lots of checks and bal- Romney has taken the position that McConnell, former Secretary of Home- ances in it, but it is also a fairly man- the wind production tax credit should land Security Michael Chertoff, and datory and top-controlled procedure. be allowed to expire at the end of the former assistant attorney general OLC, As a result of considerable bipartisan year. He must have known Milton and now Harvard Law School professor discussions, a new model emerged that Friedman’s birthday was coming Jack Goldsmith. These people know allows the industry immense independ- today. I wouldn’t presume to speak for what they are talking about, they are ence and control in this area. Milton Friedman, but I think he would not kidding around, and they deserve The regime it has been moved to is a applaud Governor Romney’s position. to be listened to. huge step by the chairman and the It shows his seriousness about our fis- Secretary Chertoff has explained that ranking member and begins with the cal problems in the United States. It’s the existing status quo is not gener- rule that originates in the private sec- time to end a temporary tax credit ating adequate cyber security for our tor, has it vetted by experts from the that was put into law in 1992, when critical infrastructure. The market- private sector, has a national institute President George H.W. Bush was in of- place, former Homeland Security Sec- for science and technology review as fice and when Milton Friedman was

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.067 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5722 CONGRESSIONAL RECORD — SENATE July 31, 2012 only 80 years old. The wind production The PRESIDING OFFICER. Without deal with it. My friend, the Foreign tax credit was a temporary tax break, objection, it is so ordered. Minister of Australia, is a great fan of in 1992 to encourage wind power. We The Senator from Tennessee. the United States, and he said to the give wind developers 2.2 cents for every Mr. ALEXANDER. I thank the ma- United States that we’re one budget kilowatt-hour of wind electricity pro- jority leader for his courtesy, and I will agreement away from restoring our duced. And now it’s about to expire at continue. global preeminence—One budget agree- the end of the year. It needs to be ex- The fourth reason that we don’t need ment away from restoring our global tended again the developers say. Noth- to allow these production tax credits preeminence. ing is so permanent as a temporary for wind to be renewed is that they Now, to get that agreement what do government program. They tell us just have not created as many American we have to do? We have to deal with one more time. But it is an argument jobs as expected. An American Univer- appropriations bills at the end of the like this that has got us into the fiscal sity study reported in 2009 that the year, a problem we may have solved mess we have as a Nation. first $1 billion of stimulus grants to today with a solution the leaders rec- The United States of America, ac- wind went to foreign manufacturing ommended. We have to deal with the cording to the Joint Tax Committee companies. Bush tax cuts, and multiple items that and the U.S. Treasury, is spending $14 And what did we get in return for expire at the end of the year such as billion on subsidizing giant wind tur- these billions of dollars of subsidies? A the tax extenders that need to be re- bines over a five-year period, $6 billion puny amount of unreliable electricity newed or not, and the alternative min- of it is this production tax credit. generated mostly at night when we imum tax which started out as a tax on That’s why I am so pleased to see Gov- don’t use it. rich people and now threatens to im- ernor Romney support the idea of more I mentioned a little earlier that our pact millions of Americans. There’s ap- responsibility in our spending. We country is a big country. It uses lots of propriate payment to doctors who pro- spend too much money in Washington electricity. The Senator from Rhode Is- vide medical care, we call this the doc that we do not have, and it has to stop. land was talking about the problems in fix. There is the sequester that none of There are many reasons we don’t need India that are being caused by failure us likes. There’s the problem of the this particular provision of the tax of the grid. We need large amounts of debt limit, the payroll tax cut and un- code. reliable baseload electricity to power employment benefits. All of this is First, we can’t afford it. From 2009 this country. We’re very fortunate that happening at the end of the year. through 2013, the tax credit will cost we have, through unconventional nat- This is a good time to get serious taxpayers $6 billion over five years, and ural gas discoveries, found that we’re about with dealing with the fiscal cliff, the grants will cost another $8 billion going to have a lot of cheap natural gas and let a 20 year, temporary tax break over that same five years. At a time in the United States, and we can make to encourage wind energy—which costs when the federal government is bor- electricity from natural gas power the American people $6 billion over five rowing 40 cents of every dollar it plants at a low cost and with very lit- years—to expire and let wind stand on spends, we cannot justify such a sub- tle air pollution. its own. I would suggest that for the $6 sidy, especially for what the U.S. En- Nuclear power produces 70 percent of billion in savings we put $2 of every $3 ergy Secretary calls a ‘‘mature tech- our carbon-free electricity, and 20 per- we save into reducing the debt and $1 nology.’’ cent of the total electricity generated into energy research to see if we can Second, despite all the money, it pro- in the U.S. It needs to be a part of our find even more amounts of cheap, clean duces a relatively small amount of future energy mix. Coal should also be energy. electricity, producing only 2.3 percent part of our energy future, as long as So it is a good occasion to celebrate of our electricity in the United States. coal plants have pollution control Milton Friedman’s 100th birthday, and We’re a big country. We use 25 percent equipment on them to reduce the sul- it is a good occasion to applaud Gov- of all the electricity in the world. fur, nitrogen and mercury. I was one of ernor Romney for following Milton We’re not going to operate our country those senators who voted to require Friedman’s advice: ‘‘Nothing is so per- through windmills. coal plants that operate in the future manent as a temporary government Third, these massive turbines too to have pollution control equipment on program.’’ often destroy the environment in the them. This means in a few years every I thank the Presiding Officer. I thank name of saving the environment. Some operating coal plant in the United the majority leader for his courtesy. are 50 stories high—taller than the States will be clean except for carbon, Mr. WHITEHOUSE. Mr. President, I Statue of Liberty—with blades as long and I am convinced that such programs rise to discuss three amendments to as a football field, weighing seven tons as ARPA-E at the Department of En- the Cybersecurity Act of 2012 that I am and spinning at 150 miles an hour, with ergy will find what I think is the holy introducing today with Senator MIKUL- blinking lights visible for 20 miles. grail of energy technologies. SKI. This important piece of legisla- These aren’t your grandma’s wind- One of the companies that ARPA-E tion, which was introduced by Senators mills. These gigantic turbines are three invests federal research dollars in is LIEBERMAN, COLLINS, FEINSTEIN, times as tall as the sky boxes at Uni- experimenting with growing micro-or- ROCKEFELLER, and CARPER, responds to versity of Tennessee’s Neyland Sta- ganisms on electrodes. These bacteria the serious and growing cyber security dium in Knoxville. There is a new can turn carbon dioxide into fuel. In threat facing our Nation. It will movie called ‘‘Windfall’’ about resi- other words, they create a commercial strengthen our national security, our dents in upstate New York who are energy use for the carbon that comes economic well-being, the safety of our upset and have left their homes be- from our coal plants. And when that families, and our privacy. The three cause of these big wind turbines. happens, the United States will have amendments Senator MIKULSKI and I Mr. President, the majority leader massive amounts of cheap, clean, reli- are introducing today would ensure has come to the floor, and I will forgo able electricity. And we won’t be that the bill also harnesses law en- my remarks at this time so he has a powering our country with windmills. forcement agencies’ cyber authorities chance to say what he wishes to say. We should congratulate Dr. Friedman and capabilities as effectively as pos- Mr. REID. Mr. President, it is my un- for his great career, for his wisdom in sible. derstanding that the senior Senator pointing out to us that nothing is so I am very honored that Senator MI- from Tennessee wishes to speak for an- permanent as a temporary government KULSKI is introducing these amend- other 10 minutes, is that right? program, and applaud Governor Rom- ments with me today. She has a long Mr. ALEXANDER. Mr. President, 5 ney for recognizing that and calling for record of continued leadership on law minutes would do it. the end of this tax credit. enforcement and national security Mr. REID. Mr. President, I ask unan- We’re coming upon something we call issues. It has been a privilege to work imous consent that the period for de- the fiscal cliff. I know the senator from with her on the challenge of protecting bate only on S. 3414, the Cybersecurity Colorado is very interested in this, Americans against cyber security Act of 2012, be extended until 6:40, and spending a lot of time working in a bi- threats, first on the Intelligence Com- that at 6:40 I be recognized. partisan way to try to find a way to mittee and more recently in a series of

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.087 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5723 discussion and working groups. As the Government networks. The creation of Democrats were prepared to work on chairman for the Commerce, Justice, this center is an important step for- a bipartisan basis to pass this legisla- Science, and Related Agencies Sub- ward in protecting Federal networks, tion. I, personally, have convened committee of the Appropriations Com- but we must ensure that its operations many meetings, going back 2 years mittee, her assessment of the right ap- do not disrupt law enforcement rela- ago, to have a piece of legislation that proach to law enforcement issues in tionships and activities that currently we could pass through this body. In cyberspace draws from a wealth of ex- are making our country safer. For ex- that 2 years’ time, things have gotten perience and expertise. I am very ample, the FBI-led National Cyber In- worse, not better, as far as threats to grateful to her for her leadership on vestigative Joint Task Force, NCIJTF, our country. We have been prepared to these issues. must be allowed to continue its much address concerns raised by the private The first amendment we have intro- needed and effective work on cyber law sector, and I think it is only fair to say duced addresses the scale and structure enforcement and intelligence. that for the leaders of the committees of law enforcement’s cyber resources. Our amendment would clarify that involved in this issue, there has been Law enforcement agencies have vital the new center is focused on the pro- real cooperation, from both Democrats roles to play against cyber crime, tection of Federal networks and that and Republicans. cyber espionage, and other emerging its responsibilities do not extend to law I have said on the Senate floor many and growing cyber threats. Congress enforcement. Specifically, the amend- times that the work of Senator LIEBER- must ensure that law enforcement ment would add a savings clause indi- MAN and Senator COLLINS has been ex- agencies are organized and resourced in cating that the title does not pertain emplary. The major part of this bill is a manner that allows them to fulfill to law enforcement or intelligence ac- within their jurisdiction dealing with these important responsibilities. To tivities. It also would add definitions homeland security. I have always envi- date, investigatory responsibilities for that help provide a clearer picture of sioned they have been prepared to en- cyber crime have been assigned within the new center’s role in protecting Fed- gage in a robust debate and to consider existing agencies, with some held by eral Government networks and re- amendments designed to perfect the the FBI and others by the Secret Serv- sponding to cyber threats, vulnerabili- bill. I know that is how I feel. Above ice or other agencies. Prosecutorial re- ties, or incidents. all, I thought we had all been prepared sponsibilities have been distributed The final amendment we are intro- to put national security above partisan among the National Security Division, ducing today is to title VI, which cov- politics to address this urgent matter. the Computer Crime and Intellectual ers international cooperation. This I was surprised this morning to hear Property Section, and U.S. attorneys’ title, which incorporates legislation Senator MCCONNELL say he would like offices across the country. Law en- first introduced by Senator GILLIBRAND a vote on repealing ObamaCare on this forcement has had some important suc- and Senator HATCH, will help clarify bill. That is really not appropriate. cesses with this model, such as the and strengthen the ability of the Fed- Some Republican Senators have said FBI’s takedown of the Coreflood eral Government and particularly the this matter is going to be filibustered botnet, but these successes need to be Department of State to develop inter- unless they have the right to vote on achieved with much greater frequency. national cyber security policy. Lan- an amendment to repeal health care re- FBI Director Mueller stated that a guage in the title, however, could be form. Obviously, that is it. The Repub- ‘‘substantial reorientation of the Bu- read to disrupt existing and effective lican leader said that, but then I working relationships between Amer- reau’’ will be necessary to achieve that thought that might fade away. goal. It is Congress’s responsibility to ican and foreign law enforcement agen- Every Tuesday after our caucuses— ensure that any reorientation of law cies, interfere with the exercise of the Republicans have one and the prosecutorial discretion, and to limit enforcement maximizes law enforce- Democrats have one—Senator MCCON- the Department of Justice’s account- ment’s effectiveness against the cyber NELL and I meet at the Ohio clock, as threat and uses Federal resources as ef- ability to Congress for the law enforce- it is called, and both of us make a ment decisions it makes. Our amend- ficiently as possible. This will require statement and answer questions the ment would ensure that the Depart- Congress to consider important issues press gives us. It is not a jump ball, as ment of Justice works collaboratively such as whether cyber crime should in whoever gets there first gets to with the Department of State as it ex- have a dedicated investigatory agency make the first presentation. We wait, ercises its prosecutorial discretion and akin to the DEA or ATF, whether ex- and if one of us is not ready, the other that it is accountable to Congress for isting task force or strike force models goes first. cyber crime issues for which it is re- are well suited for addressing the cyber Sometimes he goes first; sometimes I sponsible and regarding which it has threat, and how cyber resources should go first. But the important point in the particular expertise. be scaled given the future threat. I look forward to working with the one today is that—and I am para- To address these questions, our managers of S. 3414 and any interested phrasing but the point is certainly amendment would require an expert colleagues on these important issues. I valid—the Republican leader said out study of our current cyber law enforce- here, with the entire press corps and thank Senator MIKULSKI for her co- ment resources. This study will evalu- sponsorship. his leadership team with him, that ate the scale and structure of these re- I yield the floor, and I note the ab- cyber security—remember, I am para- sources, identifying strengths and sence of a quorum. phrasing—is something we should do, weaknesses in the current approach The PRESIDING OFFICER. The but it will take several weeks to do it. and providing recommendations for the clerk will call the roll. Not this week. future. This amendment thus will pro- The bill clerk proceeded to call the Compare that to the words of GEN vide Congress a necessary expert as- roll. Keith Alexander, commander of the sessment to guide our work in the Mr. REID. Mr. President, I ask unan- U.S. Cyber Command, who wrote Sen- years ahead. imous consent that the order for the ator MCCONNELL and I today. And here The second amendment we have in- quorum call be rescinded. is what he said. This is a quote: troduced would ensure that existing The PRESIDING OFFICER. Without The cyber threat facing this Nation is real and effective cyber law enforcements objection, it is so ordered. and demands immediate action. The time to efforts are not unintentionally dis- Mr. REID. Mr. President, to say I am act is now. We simply cannot afford further rupted by changes made in title II of disappointed is a tremendous under- delay. the bill, which covers ‘‘Federal Infor- statement. This body is debating a I have tried to figure out a way of de- mation Security Management and Con- measure that would prevent what na- scribing how I feel about this. I said solidating Resources.’’ This title tional security experts on a bipartisan ‘‘disappointed,’’ and that is certainly makes a number of valuable changes basis have called a serious threat to true; ‘‘flummoxed,’’ that is certainly and reforms to current law, including our Nation since the dawn of the nu- true. I cannot understand why we are the creation of a center within the De- clear age. Senator MCCAIN called this in this position. I am so disappointed partment of Homeland Security that danger an existential threat to our Na- that Leader MCCONNELL and his col- will lead efforts to protect Federal tion. leagues—some of his colleagues—would

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.069 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5724 CONGRESSIONAL RECORD — SENATE July 31, 2012 prevent us from acting on this urgent ROCKEFELLER, Mrs. FEINSTEIN, and Mr. CAR- Richard J. Durbin, Christopher A. threat. I am particularly astounded PER, proposes an amendment numbered 2731. Coons, Mark Udall, Ben Nelson, Jeanne they would rather launch yet another (The amendment is printed in today’s Shaheen, Tom Udall, Daniel K. Inouye, Carl Levin, John D. Rockefeller IV, attack, for example, on women’s health RECORD under ‘‘Text of Amendments.’’) Charles E. Schumer, Sheldon White- than work to ensure the security of our Mr. REID. Mr. President, I ask for house, John F. Kerry, Michael F. Ben- Nation. the yeas and nays on that amendment. net. I have no choice but to file cloture on The PRESIDING OFFICER. Is there a MOTION TO COMMIT WITH AMENDMENT NO. 2735 this matter. I would hope we could get sufficient second? Mr. REID. Mr. President, I have a cloture, but I am a realist, as I have There appears to be a sufficient sec- motion to commit the bill with in- learned after having tried to work ond. structions, which is at the desk. through 85 different filibusters in this The yeas and nays were ordered. The PRESIDING OFFICER. The congressional session. I remain hopeful AMENDMENT NO. 2732 TO AMENDMENT NO. 2731 clerk will report the motion. that they will come to their senses and Mr. REID. Mr. President, on behalf of The bill clerk read as follows: realize the urgent need for action on Senator FRANKEN, I call up amendment this matter. No. 2732, which is also at the desk. The Senator from Nevada [Mr. REID] moves There was a really inspirational pres- to commit the bill, S. 3414, to the Committee The PRESIDING OFFICER. The on Homeland Security and Governmental Af- entation made in our caucus today by clerk will report. fairs with instructions to report back forth- Senator BARBARA MIKULSKI of Mary- The bill clerk read as follows: with with an amendment numbered 2735. land. Again, I am paraphrasing, but I The Senator from Nevada [Mr. REID], for The amendment is as follows: am pretty direct in remembering what Mr. FRANKEN, proposes an amendment num- she said. I was not present when Sen- bered 2732 to amendment No. 2731. At the end, add the following new section: SEC. lll. ator MCCONNELL made his statement. The amendment is as follows: This Act shall become effective 3 days Senator MIKULSKI said: I have served At the end, add the following new section: after enactment. on the Intelligence Committee for 10 ll SEC. . Mr. REID. Mr. President, I ask for years. And she said: This legislation Notwithstanding any other provision of creates a rendezvous with destiny for this Act, section 701 and section 706(a)(1) the yeas and nays on that motion. our country. We have to do something, shall have no effect. The PRESIDING OFFICER. Is there a and we have to do it soon. AMENDMENT NO. 2733 sufficient second? I have stated to Senator LIEBERMAN, Mr. REID. Mr. President, I have an There appears to be a sufficient sec- to Senator COLLINS—anyone who will amendment to the language proposed ond. listen—this is not a partisan piece of to be stricken. The yeas and nays were ordered. legislation. It should not be. I am The PRESIDING OFFICER. The AMENDMENT NO. 2736 happy to work on an agreement to con- clerk will report. Mr. REID. Mr. President, I have an sider relevant amendments, but this The bill clerk read as follows: amendment to the instructions at the matter has been pending since last The Senator from Nevada [Mr. REID] pro- desk. Thursday. Today is Tuesday, and basi- poses an amendment numbered 2733 to the The PRESIDING OFFICER. The cally the slow walk that I am so used language proposed to be stricken by amend- clerk will report. to around here has taken place. ment No. 2731. The bill clerk read as follows: I hope we can find a final path for- The amendment is as follows: The Senator from Nevada [Mr. REID] pro- ward. Senators from both sides of the On page 20, line 5, strike ‘‘180 days’’ and in- poses an amendment numbered 2736 to the aisle have come to me personally and sert ‘‘170 days’’. instructions (amendment No. 2735) of the mo- said they have invested time—lots of Mr. REID. Mr. President, I ask for tion to commit S. 3414. time—in this matter, and they are try- the yeas and nays on that amendment. The amendment is as follows: ing to forge a consensus. I take them The PRESIDING OFFICER. Is there a In the amendment, strike ‘‘3 days’’ and in- at their word, but they all seem power- sufficient second? sert ‘‘2 days’’. less to buck the filibuster trend we There appears to be a sufficient sec- Mr. REID. I ask for the yeas and nays have. ond. on that amendment. So I hope when the dust settles we The yeas and nays were ordered. The PRESIDING OFFICER. Is there a can set aside crass politics and work AMENDMENT NO. 2734 TO AMENDMENT NO. 2733 sufficient second? together for the good of our Nation and Mr. REID. Mr. President, I have a There appears to be a sufficient sec- can achieve a strong, effective, bipar- second-degree amendment at the desk. ond. tisan cyber security bill. The PRESIDING OFFICER. The The yeas and nays were ordered. Mr. President, Tom Donohue, head of clerk will report. AMENDMENT NO. 2737 TO AMENDMENT NO. 2736 the Chamber of Commerce, is my The bill clerk read as follows: friend. He really is. But I am terribly Mr. REID. Mr. President, I have a disappointed in the Chamber of Com- The Senator from Nevada [Mr. REID] pro- second-degree amendment at the desk. poses an amendment numbered 2734 to The PRESIDING OFFICER. The merce. We started out with having a amendment No. 2733. requirement that businesses in the pri- clerk will report. The amendment is as follows: vate sector would be required to do cer- The bill clerk read as follows: In the amendment strike ‘‘170’’ and insert tain things. Senators LIEBERMAN and The Senator from Nevada [Mr. REID] pro- ‘‘160’’. poses an amendment No. 2737 to amendment COLLINS backed off from that, and now No. 2736. it is kind of a voluntary deal. It is CLOTURE MOTION much weaker than I think it should be. Mr. REID. Mr. President, I have a The amendment is as follows: Why in the world would they oppose cloture motion at the desk. In the amendment, strike ‘‘2 days’’ and in- that—‘‘they’’ meaning the Chamber of The PRESIDING OFFICER. The clo- sert ‘‘1 day’’. Commerce, which has sucked in most ture motion having been presented Mr. REID. Mr. President, I ask unan- all of the Republicans on this. That is under rule XXII, the Chair directs the imous consent that the mandatory really unfortunate. clerk to read the motion. quorum required under rule XXII be The bill clerk read as follows: AMENDMENT NO. 2731 waived with respect to the cloture mo- So, Mr. President, on behalf of Sen- CLOTURE MOTION tion that has just been filed. ators LIEBERMAN, COLLINS, and others, We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without I call up amendment No. 2731, which is ance with the provisions of rule XXII of the objection, it is so ordered. Standing Rules of the Senate, hereby move at the desk. to bring to a close debate on S. 3414, a bill to f The PRESIDING OFFICER. The enhance the security and resiliency of the VETERANS JOBS CORPS ACT OF clerk will report. cyber and communications infrastructure of 2012—MOTION TO PROCEED The bill clerk read as follows: the United States. The Senator from Nevada [Mr. REID], for Harry Reid, Joseph I. Lieberman, Bar- Mr. REID. Mr. President, I now move Mr. LIEBERMAN, for himself, Ms. COLLINS, Mr. bara A. Mikulski, Thomas R. Carper, to proceed to Calendar No. 473, S. 3429

VerDate Mar 15 2010 04:26 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.072 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5725 The PRESIDING OFFICER. The Yet the other reality is, in the Sen- I thank the Presiding Officer and clerk will report the motion. ate, where once again we are grid- yield the floor. The bill clerk read as follows: locked, we cannot even get the consent I suggest the absence of a quorum. Motion to proceed to Calendar No. 473, S. necessary to take up amendments to The PRESIDING OFFICER. The 3429, a bill to require the Secretary of Vet- vote on. Senator COLLINS and I have clerk will call the roll. erans Affairs to establish a veterans jobs said all along: Just get this bill to the The bill clerk proceeded to call the corps, and for other purposes. floor. Let the Chamber, the 100 Sen- roll. Mr. REID. I suggest the absence of a ators, work their will on germane and Mr. LIEBERMAN. Mr. President, I quorum. relevant amendments, and something ask unanimous consent that the order The PRESIDING OFFICER. The good will result for the country. So for the quorum call be rescinded. clerk will call the roll. here is the bill on the Senate floor, and The PRESIDING OFFICER (Mr. The bill clerk proceeded to call the yet Members are blocking us from tak- UDALL of Colorado.) Without objection, roll. ing up those amendments. And I am it is so ordered. Mr. LIEBERMAN. Mr. President, I afraid the consequence is that they are Mr. LIEBERMAN. Mr. President, it ask unanimous consent that the order running out the clock. strikes me, as I call you, Mr. President, for the quorum call be rescinded. A lot of good work done by those of that I once had the high honor to sup- The PRESIDING OFFICER. Without us who have sponsored the pending leg- port a man who shared your name, in- objection, it is so ordered. islation, in a very constructive, bipar- deed your father, for President of the CYBER SECURITY LEGISLATION tisan group, led by Senator KYL and United States. So it is nice to be able Mr. LIEBERMAN. Mr. President, I Senator WHITEHOUSE—including three to call you Mr. President. rise to respond to the statement of the additional members of the Democratic f majority leader—first, to say that I Caucus and Republican Caucus—have share his sadness and disappointment worked very hard to bridge the gaps. MORNING BUSINESS that he had to file a cloture motion on We have come closer together, but we Mr. LIEBERMAN. Mr. President, I this Cybersecurity Act, but I totally are not going to work this out unless ask unanimous consent that the Sen- agree with the decision he has made. I we can vote. ate proceed to a period of morning do not think he had any choice. I wish we had not come to this point, business, with Senators permitted to I think we are facing on the one hand but Senator REID has made the correct speak therein for up to 10 minutes an urgent, real, and growing threat to and necessary decision, and it will con- each. our security and our prosperity be- front the Members of the Senate on The PRESIDING OFFICER. Without cause we are vulnerable; that is, the Thursday with a decision: Are you objection, it is so ordered. privately owned cyber infrastructure of going to vote for cloture to at least f our country is vulnerable to attack allow the Chamber to consider all the from foreign enemies, from nonstate amendments on this bill that are ger- TRIBUTE TO NED MOORE actors such as terrorist groups, from mane and relevant or are you going to Mr. MCCONNELL. Mr. President, I organized criminal gangs who are just say: No, I will only settle for exactly rise to pay tribute to an honored Ken- out to steal billions of dollars over the what I want, and I do not want this tuckian and veteran of World War II, Internet, and from hackers. bill; therefore, I am going to vote Mr. Ned Moore. Mr. Moore visited the So we are dealing with a real problem against cloture and run the risk— Nation’s capital several months ago that all the nonpolitical security ex- which all the independent cyber secu- with Honor Flight, the group that perts from the last administration, the rity experts in our Nation tell us we helps bring veterans to Washington, Bush administration, and this one, the will run if we do not do anything—that D.C., to see the memorials that were Obama administration, say is rising we will suffer a major attack or at built in their honor. Mr. Moore was rapidly to being the No. 1 threat to least we will continue to suffer major able to see the World War II Memorial American security. Over the Internet cyber theft. that he and his fellow sailors inspired. now, because of our vulnerability over So I am saddened. We have worked Ned’s grandson, Mr. Tres Watson, is a cyber space, a foreign enemy can do us very hard on this. But that is not the good friend of mine, and when he made more damage than the terrorists did to point. The point is, there is an urgent me aware of his grandfather’s visit, I us on 9/11. It is that stark. So that is necessity to pass this legislation. It thought it worth a moment to share one reality. ought to be nonpartisan. It ought not Ned’s story with my colleagues. Ned The other reality is that Senator to be the victim of special interest Moore was born in Marydell, MS, on COLLINS and I, Senator ROCKEFELLER pleading. It ought to be all of us com- February 27, 1927. He joined the Navy and Senator FEINSTEIN, have been ing together, as we usually have on na- in Jackson, MS, on August 1, 1944, at working literally for years. As Senator tional security matters, to put the na- the age of 16, without his mother’s con- REID said, because of the urgency of tional security interests of the Amer- sent. He was assigned to the USS the problem, we decided we cannot just ican people ahead of special interests, Coronis, a landing-craft repair ship, on fight for 100 percent of what we to resolve our differences, to settle for Christmas Day 1944. thought was best to protect our secu- less than 100 percent, and to get some- While Ned was aboard the Coronis, it rity. We pulled back; we made it not thing done to protect our country or is saw action throughout the Pacific The- mandatory. We have standards being this going to be another case where the ater, including acting as a support ship set for the private sector to defend Senate fails to bridge the gaps, fails to during the battle of Okinawa. itself and us better, and we are cre- be willing to make principled com- In 1945, Ned was assigned to the ating carrots and not sticks to encour- promises and therefore fails not only to United Nations, where among his du- age them to opt into those cyber secu- fix a problem but, in this case, to pro- ties he served as personal driver for UN rity standards. That is one reality. tect our country from a very clear and delegates including Eleanor Roosevelt, The other reality is that in our gov- present danger of cyber attack and who was a UN delegate at the time. ernment—notwithstanding controversy cyber theft? She presented Ned with a Roosevelt here—all the Departments are working So Thursday will be the day of deci- dime after making his acquaintance. like a team. As General Alexander, the sion. I hope perhaps meetings can In March 1946, Ned was assigned to head of Cyber Command at the Depart- occur tomorrow in which we can rec- the USS Wright, a Saipan-class light ment of Defense says, cyber security is oncile our differences and agree on a aircraft carrier, where he served as an a team sport—the Department of method to go forward. If not, every aircraft mechanic. While the Wright Homeland Security, the Department of Member of the Senate is going to have was stationed in Pensacola, FL, func- Defense, the FBI, the intelligence com- to decide whether they want to block tioning as a training ship, Ned married munity all working together to protect action on cyber security legislation or Margaret Daly in 1948. our country. But they do not have the whether they want to go forward and In October 1952, Ned was assigned to tools they need, and they urgently consider the amendments on both sides the USS Bennington, an Essex-class air- need this bill. that have been filed. craft carrier that had been

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.078 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5726 CONGRESSIONAL RECORD — SENATE July 31, 2012 recomissioned as an attack carrier. ticularly proud to note—while our ath- jobs, production, and purchases over- While the Bennington was stationed in lete’s uniforms sadly were made in seas. Guantanamo Bay, Cuba, in February China, our announcers on NBC are As has been reported in the news re- 1953, then-U.S. Senator John F. Ken- wearing Hickey Freeman at the 2012 cently, the U.S. Olympic Committee’s nedy obtained leave for Ned to return London Olympic Games. use of Chinese-made apparel was a to the United States for the birth of his The Wool Trust Fund is a successful missed opportunity to use domestic ap- first child. program in curbing job losses and al- parel manufacturers. In 1958, Ned was assigned to the USS lowing American textile and apparel The public outrage about this deci- Wasp in Boston after it had been over- companies to expand their own export sion created was predictable. hauled to become the hub of a special markets. Without the technical fix It is unconscionable that the U.S. anti-submarine group of the Sixth that we are asking for here today, the Olympic Committee would hand over Fleet. While aboard the Wasp, Ned health of the Wool Trust Fund will be the production of uniforms worn by our sailed through the Mediterranean and in peril. proud athletes to a county that flouts participated in Operation Blue Bat, a I thank Senator MENENDEZ for his international trade laws, manipulates U.S. military intervention into Leb- tireless leadership in extending and its currency, and cheats on trade. anon. The Wasp was responsible for modifying the Wool and Cotton Trust It makes no sense that an American transporting sick and injured Marines Funds and the Leader and Chairman organization would place a Chinese- from Lebanon so they could receive BAUCUS for agreeing to work with Sen- made beret on the heads of our finest care. ators MENENDEZ, CARDIN and myself to athletes when we have the capacity to In 1960, Ned was transferred to NAS, ensure these important programs are make high-end apparel here. Naval Air Station Memphis. While in dealt with by the end of the year. I am encouraged that, after speaking Memphis, Ned established the Naval f with the chief executive and chair of Air Maintenance Training Group Li- the U.S. Olympic Committee, uniforms brary. He was also a courier between 6-MONTH CONTINUING designed by Ralph Lauren for the 2014 Memphis and Washington, carrying RESOLUTION Olympic Games will be made in the plans for jets under design. Mr. COCHRAN. Mr. President, agree- United States. He retired from the Navy in Memphis ing to put the government on autopilot I also applaud USOC’s decision to fur- on December 31, 1964, as a senior chief for 6 months is no great achievement. ther ensure, as a matter of policy, that petty officer. It simply means more drift. It means a they are going to make Buying Amer- After leaving the Navy, Ned and his longer period of uncertainty for gov- ican a priority. family moved to Mayfield, KY, where ernment agencies and the people they But this incident reminds us of the he worked as a maintenance manager serve, more spending on ineffective consequences of passing a trade deal at the General Tire manufacturing fa- programs and outdated priorities, and without real accountability and en- cility. There, he raised three children, inadequate investment in programs forcement. Debbie, Richy, and Mike. After retiring that merit additional resources. Congress passed a trade deal with from General Tire in 1983, Ned and his My preference is that we complete China more than 10 years ago, which wife kept their house in Mayfield while our work and make specific spending has contributed to the loss of more traveling the country in a motor home choices based on the relative merits of than 5 million U.S. manufacturing jobs in the spring, summer, and fall and government programs. There is no ex- between 2000 and 2010. wintering in Florida. They travelled to cuse for the Senate not to be consid- While some lawmakers and econo- all 50 States. They moved to Lillian, ering the appropriations bills. Our mists have written off our manufac- AL, in 2005. committee members have done the turing sector including textile and ap- At this time I ask my U.S. Senate work of scrutinizing budgets, holding parel production they need to think colleagues to join me in honoring Mr. hearings, and drafting bills. Those bills again. Ned Moore for his service to country deserve to be considered by the Senate, According to the National Council of and his devotion to the defense of free- negotiated with the House and sent to Textile Organizations, the United dom. When World War II ended, he laid the President as soon as possible. States is the third largest exporter of down his arms to become a productive, I congratulate the distinguished textile products in the world. successful member of the community chairman of our Committee on Appro- The textile sector put more than who was admired by his family, neigh- priations, Mr. INOUYE, for his depend- 500,000 people to work at plants in large bors, and State. He has been a role able leadership on getting us to this cities and mills in rural towns. model to Tres Watson and many other point. I look forward to continuing our Do some lawmakers and economists Kentuckians. I wish him all the best in efforts to extend our appropriations au- really think we should turn our backs his retirement and a happy future. thority for the balance of the fiscal these working Americans? f year. No. It is not right that U.S. workers f get overlooked when it comes to show- WOOL TRUST FUND casing that American apparel workers Mr. SCHUMER. Mr. President, I am WEAR AMERICAN ACT OF 2012 in Ohio towns like Brooklyn and happy to hear there is a commitment Mr. BROWN of Ohio. Mr. President, Aracanum can make things. to pass the extension and modification in cities and towns across the Nation, We’ve seen this time and time again: of the Wool and Cotton Trust Funds workers have the proud tradition of whether it is Olympic uniforms or U.S. this year. As my colleagues noted, the manufacturing products that are made flags, products all too often are not Wool Trust Fund compensates for the here at home. made here. competitive damage caused by the fact Manufacturing helped us become an We can and we must stop this dis- that duties are higher on imports of economic superpower and build a turbing trend. raw materials, like wool fabric, than strong, vibrant middle class. That is why I am introducing the on imports of finished products, like Ohio manufacturers and workers are Wear American Act to make certain trousers and suits. This ‘‘tariff inver- some of the most industrious, innova- that the Federal Government pur- sion’’ gives foreign manufacturers a tive, and competitive in the Nation. chases apparel that is 100 percent significant cost advantage over U.S. Our companies and the hard-working American-made. manufacturers like Rochester, NY’s people who fill our factories can com- That means all textiles and apparel Hickey Freeman. pete with anyone in the world. purchased with U.S. tax dollars will be Hickey Freeman has been operating But this competition is getting invested in U.S. businesses and commu- in Rochester, NY since 1899. Wool cloth tougher as our Nation is facing ongoing nities not China. imported by Hickey Freeman is cut and unfair competition from countries The textile industry has been a sta- and sewn into wool clothing which, in like China. ple of our Nation’s economy since its turn, is sold in stores across the United It does not help when U.S. companies founding and it will be important in States and around the world. I am par- and organizations either outsource the future.

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.022 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5727 The United States is the world leader Majesty’s Dominions, or within Gunshot of on these issues includes data sharing, in textile research and development. his Forts, she shall he protected as much as law enforcement partnerships, im- American companies and universities possible and no Vessel whatever belonging proved capabilities to oversee strategic are developing new textile materials either to Moorish or Christian Powers with whom the United States may be at War, checkpoints, and joint efforts to termi- such as conductive fabric with shall be permitted to follow or engage her, as nate terrorist organization financing. antistatic properties and high-tech tex- we now deem the Citizens of America our It is important to extend our warm tiles that monitor movement and heart good Friends. congratulations to His Majesty King rates. A further indication of the early and Mohammed VI as well as to the people When consumers in the United States close relationship between the United of Morocco on the anniversary of the and around the world demand our prod- States and Morocco can be seen in a Treaty of Peace and Friendship, which ucts, we deliver. letter President George Washington set the stage for continued and sus- The United States textile industry is wrote to Sultan Mohammed III on De- tained engagement between our two the third leading exporter of products cember 1, 1789. President Washington countries. worldwide. In fact, recently total tex- wrote: tile and apparel exports reached a f It gives me pleasure to have this oppor- ADDITIONAL STATEMENTS record $22.4 billion. tunity of assuring your majesty that I shall This legislation makes sense plain not cease to promote every measure that and clear. Why shouldn’t our national may conduce to the friendship and harmony policies support American companies which so happily subsist between your em- REMEMBERING JOHN W. MAHAN and workers? pire and these . . . This young nation, just ∑ Mr. BAUCUS. Mr. President, today I We should be in the business of cre- recovering from the waste and desolation of wish to recognize a remarkable Mon- ating policies that reward hard work- long war, has not, as yet, had time to acquire tanan and American. John W. Mahan, ing Americans who work hard every riches by agriculture or commerce. But our or Jack as we all knew him, died peace- day rather than supporting a Tax Code soil is beautiful, and our people industrious fully on Independence Day, July 4, at and trade policies that help big compa- and we have reason to flatter ourselves that we shall gradually become useful to our his home in Helena, MT. He was my nies send U.S. jobs overseas. friends. neighbor and friend. I ask my col- Right now, the stakes couldn’t be United States relations with Morocco leagues in the Senate to join me in higher. honoring Jack and offering condolences That is why the Wear American Act have strengthened in the decades and centuries following the historic treaty. to his family and loved ones. and supporting American workers is so The Fourth of July was a fitting day important. For example, during World War I, Mo- rocco was aligned with the Allied for this World War II veteran and life- f forces, and in 1917 and 1918, Moroccan long national veterans’ advocate to U.S.-MOROCCO PEACE AND soldiers fought valiantly alongside leave this world. Majority leader Mike FRIENDSHIP TREATY United States Marines at Chateau Mansfield, a veteran of World War I, Mr. CASEY. Mr. President: I would Thierry, Mont Blanc, and Soissons. once said that Jack Mahan ‘‘has done like to take this occasion to extend During World War II, Moroccan na- more for the veterans of Montana and congratulations to His Majesty King tional defense forces aided American the nation than any other man I Mohammed VI and the people of Mo- and British forces in the region. Mo- know.’’ rocco on the 225th anniversary of the rocco hosted one of the most pivotal Jack was born into a family dedi- Treaty of Peace and Friendship be- meetings of the Allied leaders in World cated to national service. His father, tween the United States and the King- War II. In January 1943, United States John Senior, served as the national dom of Morocco. President Franklin Roosevelt, British commander of the Disabled American Negotiations for this treaty began in Prime Minister Winston Churchill and Veterans as a brigadier general. John 1783 and the draft was signed in 1786. Free French commander Charles De Senior later served as Montana’s adju- Future Presidents John Adams and Gaulle met for 4 days in the Casablanca tant general. Jack’s mother Iola served Thomas Jefferson were the American neighborhood of Anfa to discuss strat- as president of the American Legion signatories. The treaty was then pre- egy against the Axis powers. It was Auxiliary in Helena. sented to the Senate, which ratified it during this series of meetings that the After the Japanese attack on Pearl on July 18, 1787, making it the first Allies agreed to launch their conti- Harbor, Jack enlisted in the Navy Air treaty to receive U.S. Senate ratifica- nental counter push against Axis ag- Corps. Jack went on to bravely serve as tion. gression through a beach head landing a dive bomber pilot in the Pacific dur- The treaty represented the second on the French Atlantic coast. ing World War II. time that Morocco and the United Following Morocco’s independence in After the war, Jack took the lead on States affirmed diplomatic relations 1956, President Dwight Eisenhower tackling challenges facing his fellow between the two countries. It is also communicated to King Mohammed V World War II veterans in Montana and worthy of mention that that Sultan, that ‘‘my government renews its wish- across the country. Mohammed III, was the first head of es for the peace and prosperity of Mo- Jack fought for bonuses for WWII state, and Morocco the first country, rocco.’’ The King responded by reas- veterans—a practice that was done to recognize the new United States as suring President Eisenhower that Mo- after WWI to help get returning troops an independent country in 1777. rocco would be a staunch ally in the back on their feet. The Treaty of Peace and Friendship, fight against the proliferation of com- Although, the Montana Supreme whose anniversary we commemorate munism in the region. Court declared these ‘‘bonus’’ pay- this month, provided for the United The United States Agency for Inter- ments unconstitutional, Jack worked States’ diplomatic representation in national Development, USAID, and its with veterans groups and Montana offi- Morocco and open commerce at any predecessor agencies, as well as the cials to build popular support and even- Moroccan port on the basis of ‘‘most Peace Corps, have been active in Mo- tually secured an ‘‘honorarium’’ pay- favored nation.’’ It also established the rocco since 1953. Currently, there are ment instead of a ‘‘bonus.’’ Jack’s principle of non-hostility when either more than 200 volunteers in Morocco ‘‘honorarium,’’ paid for by a 2-cent tax country was engaged in war with any working in the areas of health, youth on cigarettes, raised $22 million for other nation. development, small business and the World War II veterans. In today’s dol- Most importantly, the treaty pro- environment. lars, that is $226 million. vided for the protection of U.S. ship- Following the September 11, 2001 at- In the late 1950s, Jack led the way in ping vessels at a time when American tacks, Morocco was one of the first na- establishing the veterans hospital at merchant ships were at risk of harass- tions to express its solidarity with the Fort Harrison, west of Helena. ment by various European warships. United States and immediately re- Again, Jack worked with Montanans, The treaty specifically stated: newed its commitment as a strong ally veterans groups, and Members of Con- If any Vessel belonging to the United to combat terrorism. Cooperation be- gress to raise $5.4 million to begin the States shall be in any of the Ports of His tween the United States and Morocco first phase of building for the hospital.

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.080 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5728 CONGRESSIONAL RECORD — SENATE July 31, 2012 Today, Montana veterans still rely on poised and calm, responding with a Epogen, and set up the Northwest the hospital in Fort Harrison for their plea for volunteers, and was instru- Organ Procurement Agency. In 2008, basic medical needs. mental in the success of these efforts. Northwest Kidney Centers spearheaded During his work, Jack met the ac- During these challenges, he clearly the creation of the Kidney Research In- quaintance and earned the respect of demonstrated strong leadership and stitute, a collaboration with the Uni- Presidents Dwight D. Eisenhower, John technical competency. His past experi- versity of Washington Medical School F. Kennedy, Lyndon B. Johnson, Rich- ences significantly augmented the suc- which has become a scientific leader ard Nixon, and Gerald Ford. cess of the mission during this time- focusing on ways to prevent, detect, Jack had a truly remarkable life and frame. treat, and eventually cure kidney dis- career of service to our country. He Throughout his career, Des Goyal has ease. served as the national commander-in- promoted leadership and mission exe- I applaud Northwest Kidney Centers chief of Veterans of Foreign Wars from cution. He has mentored many USACE for its contributions to the State of 1958 to 1959. employees and military personnel Washington and the kidney disease and He served as the national chairman while leading the efforts on large, com- dialysis field as a whole. As the organi- of the Veterans for John F. Kennedy’s plex projects and programs throughout zation celebrates its 50th Anniversary, Presidential campaign committee in the world. He has tremendous passion I extend my congratulations to the en- 1960. He also served as the under sec- for the advancement of his colleagues tire Northwest Kidney Centers commu- retary to the VA Memorial Services and those they serve. He championed nity—patients, physicians, employees, and Director of the National Cemetery the use of the Student Career Employ- supporters and volunteers—and thank System in the Nixon administration. ment Program, SCEP, in the Corps of them for their dedication and commit- On this very day, we have brave Engineers Northwest District, which ment to improving the lives of kidney Americans patrolling the mountains of serves as a valuable tool in providing patients in my State.∑ Afghanistan. May Jack’s memory be a college students the critical experience f reminder of the obligation we owe to and networking opportunities to en- RECOGNIZING THE MIDCOAST these brave warriors when they come courage employment in a public serv- AREA VETERANS MEMORIAL home. His legacy is a reminder of what ice career. Mr. Goyal continues to WALL dedicated public service can deliver for press for positive change through a our Nation’s finest. We will miss you, focus on good government, professional ∑ Ms. SNOWE. Mr. President, today I Jack.∑ organizations and community service. wish to honor and recognize with the f I thank Des Goyal for his service to highest esteem the many volunteers, veterans’ organizations and civic and TRIBUTE TO DES R. GOYAL his adopted country and wish Des and his wife, Usha, an enjoyable retire- municipal entities responsible for es- ∑ Mr. BLUNT. Mr. President, I rise ment.∑ tablishing the Midcoast Area Veterans today to honor Des R. Goyal as he com- f Memorial Wall in Rockland, Maine, pletes a long and distinguished career that honors the extraordinary service with the U.S. Army Corps of Engineers, NORTHWEST KIDNEY CENTERS and sacrifice of all our Nation’s mili- USACE. Mr. Goyal was born and edu- ∑ Ms. CANTWELL. Mr. President, tary veterans. cated in India, where he eventually re- today I wish to congratulate Northwest Established and managed by the ceived his Bachelor’s and Master’s de- Kidney Centers on its 50th Anniver- Midcoast Area Veterans Memorial Cor- grees in Mechanical Engineering. In sary. Northwest Kidney Centers was es- poration, a nonprofit corporation com- 1970, he came to the United States to tablished as the first out-of-hospital di- prised of members from the American further his studies while earning his alysis program in the world, opening Legion, the Veterans of Foreign Wars U.S. citizenship. Mr. Goyal started his its doors in Seattle, WA, on January 8, (VFW), the Marine Corps League, career with the Corps in 1978 as a 1962. Rockland Rotary, Rockland Kiwanis, project engineer on navigation locks in Just 2 years after the development of the Benevolent and Protective Order the Corps of Engineers Huntington Dis- the Teflon shunt at the University of (BPO) of Elks, and the City of Rock- trict. Since that time, he has held nu- Washington, community leaders in Se- land, the Memorial Wall is located on merous assignments with the Corps of attle came together to raise money and upper Limerock Street in Rockland on Engineers, including working on mili- find a space to establish a center to de- property owned by the American Le- tary construction projects in Saudi liver dialysis treatments outside of a gion Post No. 1. The location of the Arabia and serving in Germany as hospital, which led to the creation of Memorial is, appropriately, also the Chief of the Mechanical/Electrical de- the community-based Northwest Kid- site of an 1861 Civil War encampment of sign branch for the Corps of Engineers ney Centers. the local Fourth Regiment of Maine Europe Division. In 1999, he was as- Chronic kidney disease is now an epi- Volunteers. signed the job of Chief, Operations Di- demic, affecting one in seven American Undeniably, nothing unites us more vision, Kansas City District of the adults. Northwest Kidney Centers is as Mainers and Americans than the Corps of Engineers. working to reverse this trend, focusing limitless pride we take in our revered 2011 was arguably the most chal- on community education and preven- and noble veterans. Indeed, in Maine, lenging year in the 114-plus-year his- tion. Each year, Northwest Kidney we also cherish the tremendous distinc- tory of the Corps of Engineers, Kansas Centers allocates funding toward pub- tion of having, on any given day, the City District. While executing the lic health education about kidney dis- second most veterans per capita of any challenging Operations and Mainte- ease and organ donation, participating State in the Nation. Such devotion to nance program, the District battled an in outreach events and reaching more country is the embodiment of the self- epic 145-day flood in the Missouri River than 12,000 people with kidney informa- sacrificing principles that Mainers live Basin and established a Recovery Field tion. It also developed a ‘‘Living Well by and have passed down from one gen- Office in Joplin, MO to respond to the with CKD’’ program which offers class- eration to the next. This selfless way of fifth deadliest tornado in U.S. history. es on treatment options and good nu- thinking also inspired and motivated a As an integral part of the Operations trition. This program reaches nearly small group of individuals more than 16 Division, Mr. Goyal led the effort to 1,000 pre-dialysis patients and family years ago to begin formulating plans to ensure his Emergency Management and members each year, at no cost to the establish a memorial to honor our vet- Contingency Operations were fully participants. erans in Midcoast Maine. After a long, manned by competent personnel from I take great pride in the fact that Se- dedicated effort and several site loca- throughout the District. These addi- attle is the birthplace of chronic dialy- tion changes, the Midcoast Area Vet- tional missions comprised approxi- sis treatments and that Northwest Kid- erans Memorial Wall has finally se- mately 25 percent of the Kansas City ney Centers continues to take the lead cured a permanent home. District’s workforce at various times, on developments in the field. North- The Midcoast Area Veterans Memo- placing significant stress on the orga- west Kidney Centers hosted clinical rial Wall is by all accounts a beau- nization. However, Mr. Goyal remained trials to develop the anti-anemia drug tifully designed and landscaped tribute

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G31JY6.023 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5729 to the unfathomable service and sac- and Spanish. He is a hard worker who tern in my Sioux Falls, SD, office, for rifice of the many Americans excep- has been dedicated to getting the most all of the hard work she has done for tional enough to wear the uniform— out of his internship experience. me, my staff, and the State of South not only the 21.8 million veterans alive I extend my sincere thanks and ap- Dakota over the past several weeks. today, including more than 134,000 from preciation to Tyler for all of the fine Megan is a graduate of St. Thomas the State of Maine, but also those who work he has done and wish him contin- More High School in Rapid City, SD. are no longer with us. Featuring stun- ued success in the years to come.∑ Currently, she is attending Augustana ning black granite tiles etched with f College where she is majoring in busi- digitized pictures of veterans, the wall ness communications and government. serves as a fitting and moving tribute TRIBUTE TO STEPHEN She is a hard worker who has been to those who so ably and courageously GOODFELLOW dedicated to getting the most out of served under the Stars and Stripes to ∑ Mr. THUNE. Mr. President, today I her internship experience. protect and preserve the cherished wish to recognize Stephen Goodfellow, I would like to extend my sincere principles that have made our nation an intern in my Sioux Falls, SD, office, thanks and appreciation to Megan for the greatest on earth. And, while new for all of the hard work he has done for all of the fine work she has done and tiles are added twice yearly—at Memo- me, my staff, and the State of South wish her continued success in the years rial Day and Veterans Day—the Dakota over the past several weeks. to come.∑ Midcoast Area Veterans Memorial Wall Stephen is a graduate of Boiling f Springs High School in Boiling is always open and provides an oppor- TRIBUTE TO BRENDAN SMITH tunity for each of us to express our Springs, PA. Currently, he is attending ∑ boundless gratitude to those who have the University of South Dakota where Mr. THUNE. Mr. President, today I placed service above self not just on he is majoring in economics and fi- recognize Brendan Smith, an intern in national holidays, but on every day of nance. He is a hard worker who has my Washington, DC, office, for all of every month of every year. been dedicated to getting the most out the hard work he has done for me, my On August 3, 2012, the Midcoast Area of his internship experience. staff, and the State of South Dakota Veterans Memorial Wall will officially I would like to extend my sincere over the past several weeks. Brendan is a graduate of Lyman High be dedicated and will feature remarks thanks and appreciation to Stephen for School in Presho, SD. Currently, he is from Maine’s esteemed First Lady Ann all of the fine work he has done and attending South Dakota School of LePage, as well as officers and rep- wish him continued success in the Mines and Technology where he is ma- resentatives of USCGC Abbie Burgess, years to come.∑ joring in chemical engineering. He is a USCGC Tackle, USCGC Thunder Bay, f hard worker who has been dedicated to USS San Antonio, the United States TRIBUTE TO ALEX HALL getting the most out of his internship Marine Corps, and the Maine Army Na- experience. tional Guard. ∑ Mr. THUNE. Mr. President, today I I extend my sincere thanks and ap- On the occasion of the official dedica- recognize Alex Hall, an intern in my preciation to Brendan for all of the fine tion of the Midcoast Area Veterans Me- Washington, DC, office, for all of the work he has done and wish him contin- morial Wall, I convey my deep and hard work he has done for me, my ued success in the years to come.∑ abiding appreciation to the many dedi- staff, and the State of South Dakota cated volunteers who have worked tire- over the past several weeks. f lessly over the past 16 years to bring Alex is a graduate of Lincoln High TRIBUTE TO JAMES WHITCHER this day to fruition. This faithful and School in Sioux Falls, SD. Currently, ∑ Mr. THUNE. Mr. President, today I successful effort exemplifies the very he is attending the University of New recognize James Whitcher, an intern in best of what it means to be a Mainer Mexico where he is majoring in philos- my Washington, DC, office, for all of and an American.∑ ophy and psychology. He is a hard the hard work he has done for me, my f worker who has been dedicated to get- staff, and the State of South Dakota ting the most out of his internship ex- TRIBUTE TO ALLYSON BURNS over the past several weeks. perience. James is a graduate of Hot Springs ∑ Mr. THUNE. Mr. President, today I I extend my sincere thanks and ap- High School in Hot Springs, SD. Cur- recognize Allyson Burns, an intern in preciation to Alex for all of the fine rently, he is attending the University my Rapid City, SD, office, for all of the work he has done and wish him contin- of Mary in Bismarck, ND, where he is ∑ hard work she has done for me, my ued success in the years to come. majoring in athletic training. He is a staff, and the State of South Dakota f hard worker who has been dedicated to over the past couple of months. getting the most out of his internship Allyson is a graduate of Stevens High TRIBUTE TO KODY KYRISS ∑ experience. School in Rapid City, SD. Currently, Mr. THUNE. Mr. President, today I I extend my sincere thanks and ap- she is attending Creighton University wish to recognize Kody Kyriss, an in- preciation to James for all of the fine in Omaha, NE where she is majoring in tern in my Aberdeen, SD, office, for all work he has done and wish him contin- psychology and creative writing. She is of the hard work he has done for me, ued success in the years to come.∑ a hard worker who has been dedicated my staff, and the State of South Da- f to getting the most out of her intern- kota over the past several weeks. ship experience. Kody is a native of Lesterville and a MESSAGES FROM THE PRESIDENT I extend my sincere thanks and ap- graduate of Menno High School. Cur- Messages from the President of the preciation to Allyson for all of the fine rently, he is attending Northern State United States were communicated to work she has done and wish her contin- University, where he is pursuing de- the Senate by Mr. Pate, one of his sec- ued success in the years to come.∑ grees in English and political science. retaries. f He is a very hard worker who has been f dedicated to getting the most out of TRIBUTE TO TYLER FITZ his internship experience. EXECUTIVE MESSAGES REFERRED ∑ Mr. THUNE. Mr. President, today I I would like to extend my sincere As in executive session the Presiding recognize Tyler Fitz, an intern in my thanks and appreciation to Kody for all Officer laid before the Senate messages Washington, DC, office, for all of the of the fine work he has done and wish from the President of the United hard work he has done for me, my him continued success in the years to States submitting sundry nominations staff, and the State of South Dakota come.∑ which were referred to the Committee over the past several weeks. f on Health, Education, Labor, and Pen- Tyler is a graduate of Roosevelt High sions. School in Sioux Falls, SD. He is also a TRIBUTE TO MEGAN RAPOSA (The messages received today are graduate of South Dakota State Uni- ∑ Mr. THUNE. Mr. President, today I printed at the end of the Senate versity where he majored in history wish to recognize Megan Raposa, an in- proceedings.)

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.061 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5730 CONGRESSIONAL RECORD — SENATE July 31, 2012 REPORT RELATIVE TO THE Treasury to implement some of those ship or control with, a person deter- ISSUANCE OF AN EXECUTIVE sanctions. On February 5, 2012, in order mined to meet the criterion above, and ORDER TO TAKE ADDITIONAL to take further additional steps pursu- knowingly participated in the activi- STEPS WITH RESPECT TO THE ant to this emergency, and to imple- ties referred to therein. NATIONAL EMERGENCY ORIGI- ment section 1245(c) of the National Sections 3 and 4 of the order provide NALLY DECLARED ON MARCH 15, Defense Authorization Act for Fiscal that, for persons determined to meet 1995 IN EXECUTIVE ORDER 12957 Year 2012 (Public Law 112–81), I issued any of the criteria specified in section WITH RESPECT TO IRAN—PM 60 Executive Order 13599 blocking the 2 of the order, the heads of the relevant The PRESIDING OFFICER laid be- property of the Government of Iran, all agencies, in consultation with the Sec- fore the Senate the following message Iranian financial institutions, and per- retary of State, shall implement the sanctions imposed by the Secretary of from the President of the United sons determined to be owned or con- State. The sanctions provided for in States, together with an accompanying trolled by, or acting for or on behalf of, sections 3 and 4 of the order include the report; which was referred to the Com- such parties. Most recently, on April following actions: the Board of Direc- mittee on Banking, Housing, and 22, 2012, and May 1, 2012, I issued Execu- tors of the Export-Import Bank shall Urban Affairs: tive Orders 13606 and 13608, respec- tively. Executive Orders 13606 and 13608 deny approval of the issuance of any To the Congress of the United States: each take additional steps with respect guarantee, insurance, extension of Pursuant to the International Emer- to various emergencies, including the credit, or participation in an extension gency Economic Powers Act (50 U.S.C. emergency declared in Executive Order of credit in connection with the export 1701 et seq.) (IEEPA), I hereby report 12957 concerning Iran, to address the of any goods or services to the sanc- that I have issued an Executive Order use of computer and information tech- tioned person; agencies shall not issue (the ‘‘order’’) that takes additional nology to commit serious human rights any specific license or grant any other steps with respect to the national abuses and efforts by foreign persons to specific permission or authority under emergency declared in Executive Order evade sanctions. any statute that requires the prior re- 12957 of March 15, 1995. The order takes additional steps with view and approval of the United States In Executive Order 12957, the Presi- respect to the national emergency de- Government as a condition for the ex- dent found that the actions and poli- clared in Executive Order 12957, par- port or reexport of goods or technology cies of the Government of Iran threat- ticularly in light of the Government of to the sanctioned person; for a sanc- en the national security, foreign pol- Iran’s use of revenues from petroleum, tioned person that is a financial insti- icy, and economy of the United States. petroleum products, and petrochemi- tution: the Chairman of the Board of To deal with that threat, the President cals for illicit purposes; Iran’s contin- Governors of the Federal Reserve Sys- in Executive Order 12957 declared a na- ued attempts to evade international tem and the President of the Federal tional emergency and imposed prohibi- sanctions through deceptive practices; Reserve Bank of New York shall take tions on certain transactions with re- and the unacceptable risk posed to the such actions as they deem appropriate, spect to the development of Iranian pe- international financial system by including denying designation, or ter- troleum resources. To further respond Iran’s activities. Subject to certain ex- minating the continuation of any prior to that threat, Executive Order 12959 of ceptions and conditions, the order au- designation of, the sanctioned person May 6, 1995, imposed comprehensive thorizes the Secretary of the Treasury as a primary dealer in United States trade and financial sanctions on Iran. and the Secretary of State, as set forth Government debt instruments; or agen- Executive Order 13059 of August 19, in the order, to impose sanctions on cies shall prevent the sanctioned per- 1997, consolidated and clarified the pre- persons as described in the order, all as son from serving as an agent of the vious orders. To take additional steps more fully described below. United States Government or serving with respect to the national emergency Section 1 of the order authorizes the as a repository for United States Gov- declared in Executive Order 12957 and Secretary of the Treasury, in consulta- ernment funds; agencies shall not pro- to implement section 105(a) of the tion with the Secretary of State, to im- cure, or enter into a contract for the Comprehensive Iran Sanctions, Ac- pose financial sanctions on foreign fi- procurement of, any goods or services countability, and Divestment Act of nancial institutions determined to from the sanctioned person; the Sec- 2010 (Public Law 111–195) (22 U.S.C. 8501 have knowingly conducted or facili- retary of the Treasury shall take ac- et seq.) (CISADA), I issued Executive tated certain significant financial tions where necessary to: prohibit any Order 553 on September 28, 2010, to transactions with the National Iranian United States financial institution impose sanctions on officials of the Oil Company (NIOC) or Naftiran Inter- from making loans or providing credits Government of Iran and other persons trade Company (NICO), or for the pur- to the sanctioned person totaling more acting on behalf of the Government of chase or acquisition of petroleum, pe- than $10,000,000 in any 12-month period Iran determined to be responsible for troleum products, or petrochemical unless such person is engaged in activi- or complicit in certain serious human products from Iran. ties to relieve human suffering and the rights abuses. To take further addi- Section 2 of the order authorizes the loans or credits are provided for such tional steps with respect to the threat Secretary of State, in consultation activities; prohibit any transactions in posed by Iran and to provide imple- with the Secretary of the Treasury, the foreign exchange that are subject to menting authority for a number of the Secretary of Commerce, and the United the jurisdiction of the United States sanctions set forth in the Iran Sanc- States Trade Representative, and with and in which the sanctioned person has tions Act of 1996 (Public Law 104–172) the President of the Export-Import any interest; prohibit any transfers of (50 U.S.C. 1701 note) (ISA), as amended Bank, the Chairman of the Board of credit or payments between financial by CISADA, I issued Executive Order Governors of the Federal Reserve Sys- institutions or by, through, or to any 13574 on May 23, 2011, to authorize the tem, and other agencies and officials as financial institution, to the extent Secretary of the Treasury to imple- appropriate, to impose any of a number that such transfers or payments are ment certain sanctions imposed by the of sanctions on a person upon deter- subject to the jurisdiction of the Secretary of State pursuant to ISA, as mining that the person: knowingly en- United States and involve any interest amended by CISADA. I also issued Ex- gaged in a significant transaction for of the sanctioned person; block all ecutive Order 13590 on November 20, the purchase or acquisition of petro- property and interests in property that 2011, to take additional steps with re- leum, petroleum products, or petro- are in the United States, that come spect to this emergency by authorizing chemical products from Iran; is a suc- within the United States, or that are or the Secretary of State to impose sanc- cessor entity to a person determined to come within the possession or control tions on persons providing certain meet the criterion above; owns or con- of any United States person, including goods, services, technology, or support trols a person determined to meet the any foreign branch, of the sanctioned that contribute either to Iran’s devel- criterion above, and had knowledge person, and provide that such property opment of petroleum resources or to that the person engaged in the activi- and interests in property may not be Iran’s production of petrochemicals, ties referred to therein; or is owned or transferred, paid, exported, withdrawn, and to authorize the Secretary of the controlled by, or under common owner- or otherwise dealt in; or restrict or

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.004 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5731 prohibit imports of goods, technology, dian Tribes of Texas Restoration Act to (1) This Convention shall be implemented or services, directly or indirectly, into allow the Ysleta del Sur Pueblo Tribe to de- by the Federal Government of the United the United States from the sanctioned termine blood quantum requirement for States of America to the extent that it exer- cises legislative and judicial jurisdiction person. membership in that tribe. By Mr. LIEBERMAN, from the Committee over the matters covered therein, and other- Section 5 of the order authorizes the on Homeland Security and Governmental Af- wise by the state and local governments; to Secretary of the Treasury, in consulta- fairs, with an amendment in the nature of a the extent that state and local governments tion with the Secretary of State, to substitute: exercise jurisdiction over such matters, the block all property and interests in S. 792. A bill to authorize the waiver of cer- obligations of the United States of America property that are in the United States, tain debts relating to assistance provided to under the Convention are limited to the Fed- that come within the United States, or individuals and households since 2005. eral Government’s taking measures appro- By Mr. ROCKEFELLER, from the Com- priate to the Federal system, which may in- that are or come within the possession clude enforcement action against state and or control of any United States person, mittee on Commerce, Science, and Transpor- tation, without amendment: local actions that are inconsistent with the including any foreign branch, of any S. 3410. A bill to extend the Undertaking Constitution, the Americans with Disabil- person upon determining that the per- Spam, Spyware, And Fraud Enforcement ities Act, or other Federal laws, with the ul- son has materially assisted, sponsored, With Enforcers beyond Borders Act of 2006, timate objective of fully implementing the or provided financial, material, or and for other purposes. Convention. (2) The Constitution and laws of the United technological support for, or goods or f States of America establish extensive pro- services in support of, NIOC, NICO, or tections against discrimination, reaching all the Central Bank of Iran, or the pur- EXECUTIVE REPORTS OF forms of governmental activity as well as chase or acquisition of U.S. bank notes COMMITTEE significant areas of non-governmental activ- or precious metals by the Government The following executive reports of ity. Individual privacy and freedom from of Iran. nominations were submitted: governmental interference in certain private I have delegated to the Secretary of conduct are also recognized as among the By Mr. ROCKEFELLER for the Committee fundamental values of our free and demo- the Treasury the authority, in con- on Commerce, Science, and Transportation. cratic society. The United States of America sultation with the Secretary of State, * National Oceanic and Atmospheric Ad- understands that by its terms the Conven- to take such actions, including the pro- ministration nomination of Gerd F. Glang, tion can be read to require broad regulation mulgation of rules and regulations, and to be Rear Admiral (lower half). of private conduct. To the extent it does, the to employ all powers granted to the * National Oceanic and Atmospheric Ad- United States of America does not accept President by IEEPA, as may be nec- ministration nomination of Michael S. any obligation under the Convention to essary to carry out the purposes of sec- Devany, to be Rear Admiral. enact legislation or take other measures * National Oceanic and Atmospheric Ad- tions 1, 4, and 5 of the order. with respect to private conduct except as ministration nomination of David A. Score, mandated by the Constitution and laws of The order was effective at 12:01 a.m. to be Rear Admiral (lower half). the United States of America. eastern daylight time on July 31, 2012. * William P. Doyle, of Pennsylvania, to be (3) Article 15 of the Convention memorial- All agencies of the United States Gov- a Federal Maritime Commissioner for the izes existing prohibitions on torture and ernment are directed to take all appro- term expiring June 30, 2013. other cruel, inhuman, or degrading treat- priate measures within their authority * Michael Peter Huerta, of the District of ment or punishment contained in Articles 2 to carry out the provisions of the Columbia, to be Administrator of the Fed- and 16 of the United Nations Convention Against Torture and other Cruel, Inhuman, order. eral Aviation Administration for the term of five years. or Degrading Treatment or Punishment I am enclosing a copy of the Execu- * Patricia K. Falcone, of California, to be (CAT) and in Article 7 of the International tive Order I have issued. an Associate Director of the Office of Covenant on Civil and Political Rights BARACK OBAMA. Science and Technology Policy. (ICCPR), and further provides that such pro- THE WHITE HOUSE, July 30, 2012. *Nomination was reported with rec- tections shall be extended on an equal basis with respect to persons with disabilities. To f ommendation that it be confirmed sub- ensure consistency of application, the obli- MEASURES PLACED ON THE ject to the nominee’s commitment to gations of the United States of America CALENDAR respond to requests to appear and tes- under Article 15 shall be subject to the same tify before any duly constituted com- reservations and understandings that apply The following bills were read the sec- mittee of the Senate. for the United States of America with re- ond time, and placed on the calendar: spect to Articles 1 and 16 of the CAT and Ar- f S. 3457. A bill to require the Secretary of ticle 7 of the ICCPR. Veterans Affairs to establish a veterans jobs (b) Understandings.—The advice and con- EXECUTIVE REPORT OF sent of the Senate to the ratification of the corps, and for other purposes. COMMITTEE—TREATY H.R. 4078. An act to provide that no agency Convention is subject to the following under- may take any significant regulatory action The following executive report of standings, which shall be included in the in- until the unemployment rate is equal to or committee was submitted: strument of ratification: (1) The United States of America under- less than 6.0 percent. By Mr. KERRY, from the Committee on stands that this Convention, including Arti- f Foreign Relations: cle 8 thereof, does not authorize or require Treaty Doc. 112–7 Convention on the Rights legislation or other action that would re- REPORTS OF COMMITTEES of Persons with Disabilities with 3 reserva- strict the right of free speech, expression, The following reports of committees tions, 8 understandings, and 2 declarations and association protected by the Constitu- were submitted: (Ex. Rept. 112–6) tion and laws of the United States of Amer- TEXT OF THE COMMITTEE-RECOMMENDED RESO- ica. By Mr. LIEBERMAN, from the Committee (2) Given that under Article 1 of the Con- LUTION OF ADVICE AND CONSENT TO RATIFI- on Homeland Security and Governmental Af- vention ‘‘[t]he purpose of the present Con- CATION fairs: vention is to promote, protect, and ensure Special Report entitled ‘‘Activities of the Resolved, (two-thirds of the Senators present the full and equal enjoyment of all human Committee on Homeland Security and Gov- concurring therein), rights and fundamental freedoms by all per- ernmental Affairs During the 111th Con- That the Senate advises and consents to sons with disabilities,’’ with respect to the gress’’ (Rept. No. 112-193). the ratification of the Convention on the application of the Convention to matters re- By Mr. KERRY, from the Committee on Rights of Persons with Disabilities, adopted lated to economic, social, and cultural Foreign Relations, without amendment: by the United Nations General Assembly on rights, including in Articles 4(2), 24, 25, 27, 28 S. 641. A bill to provide 100,000,000 people December 13, 2006, and signed by the United and 30, the United States of America under- with first-time access to safe drinking water States of America on June 30, 2009 (‘‘the Con- stands that its obligations in this respect are and sanitation on a sustainable basis within vention’’) (Treaty Doc. 112–7), subject to the to prevent discrimination on the basis of dis- six years by improving the capacity of the reservations of subsection (a), the under- ability in the provision of any such rights in- United States Government to fully imple- standings of subsection (b), and the declara- sofar as they are recognized and imple- ment the Senator Paul Simon Water for the tions of subsection (c). mented under U.S. Federal law. Poor Act of 2005 (Rept. No. 112-09194). (a) Reservations.—The advice and consent (3) Current U.S. law provides strong pro- By Mr. AKAKA, from the Committee on of the Senate to the ratification of the Con- tections for persons with disabilities against Indian Affairs, without amendment: vention is subject to the following reserva- unequal pay, including the right to equal pay H.R. 1560. A bill to amend the Ysleta del tions, which shall be included in the instru- for equal work. The United States of Amer- Sur Pueblo and Alabama and Coushatta In- ment of ratification: ica understands the Convention to require

VerDate Mar 15 2010 04:26 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.004 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5732 CONGRESSIONAL RECORD — SENATE July 31, 2012 the protection of rights of individuals with INTRODUCTION OF BILLS AND was added as a cosponsor of S. 202, a disabilities on an equal basis with others, in- JOINT RESOLUTIONS bill to require a full audit of the Board cluding individuals in other protected of Governors of the Federal Reserve groups, and does not require adoption of a The following bills and joint resolu- comparable worth framework for persons tions were introduced, read the first System and the Federal reserve banks with disabilities. and second times by unanimous con- by the Comptroller General of the (4) Article 27 of the Convention provides sent, and referred as indicated: United States before the end of 2012, that States Parties shall take appropriate and for other purposes. By Mr. BINGAMAN (for himself, Mr. steps to afford to individuals with disabil- ALEXANDER, and Mr. DURBIN): S. 225 ities the right to equal access to equal work, S. 3459. A bill to amend the Department of At the request of Ms. KLOBUCHAR, the including nondiscrimination in hiring and promotion of employment of persons with Energy High-End Computing Revitalization names of the Senator from California disabilities in the public sector. Current in- Act of 2004 to improve the high-end com- (Mrs. FEINSTEIN), the Senator from terpretation of Section 501 of the Rehabilita- puting research and development program of New York (Mr. SCHUMER) and the Sen- tion Act of 1973 exempts U.S. Military De- the Department of Energy, and for other pur- ator from Rhode Island (Mr. WHITE- poses; to the Committee on Energy and Nat- partments charged with defense of the na- HOUSE) were added as cosponsors of S. ural Resources. tional security from liability with regard to 225, a bill to permit the disclosure of members of the uniformed services. The By Mr. COONS (for himself, Mr. ENZI, Mr. SCHUMER, and Mr. RUBIO): certain information for the purpose of United States of America understands the missing child investigations. obligations of Article 27 to take appropriate S. 3460. A bill to amend the Internal Rev- steps as not affecting hiring, promotion, or enue Code of 1986 to provide for startup busi- S. 339 other terms or conditions of employment of nesses to use a portion of the research and At the request of Mr. BAUCUS, the uniformed employees in the U.S. Military development credit to offset payroll taxes; to name of the Senator from North Caro- the Committee on Finance. Departments, and that Article 27 does not lina (Mrs. HAGAN) was added as a co- By Mr. BROWN of Ohio (for himself, recognize rights in this regard that exceed sponsor of S. 339, a bill to amend the Mr. WICKER, Mr. KERRY, Mr. those rights available under U.S. Federal Internal Revenue Code of 1986 to make law. BLUMENTHAL, Mr. WHITEHOUSE, and (5) The United States of America under- Mr. BEGICH): permanent the special rule for con- stands that the terms ‘‘disability,’’ ‘‘persons S. 3461. A bill to amend title IV of the Pub- tributions of qualified conservation with disabilities,’’ and ‘‘undue burden’’ lic Health Service Act to provide for a Na- contributions. (terms that are not defined in the Conven- tional Pediatric Research Network, includ- S. 362 tion), ‘‘discrimination on the basis of dis- ing with respect to pediatric rare diseases or At the request of Mr. WHITEHOUSE, ability,’’ and ‘‘reasonable accommodation’’ conditions; to the Committee on Health, the name of the Senator from New are defined for the United States of America Education, Labor, and Pensions. coextensively with the definitions of such By Mr. LEAHY (for himself, Mr. Hampshire (Mrs. SHAHEEN) was added terms pursuant to relevant United States GRASSLEY, and Mr. KOHL): as a cosponsor of S. 362, a bill to amend law. S. 3462. A bill to provide anti-retaliation the Public Health Service Act to pro- (6) The United States of America under- protections for antitrust whistleblowers; to vide for a Pancreatic Cancer Initiative, stands that the Committee on the Rights of the Committee on the Judiciary. and for other purposes. Persons with Disabilities, established under By Mr. FRANKEN (for himself, Mr. S. 678 Article 34 of the Convention, is authorized LUGAR, Mr. ROCKEFELLER, Ms. COL- At the request of Mr. KOHL, the name under Article 36 to ‘‘consider’’ State Party LINS, Mrs. SHAHEEN, Mr. WYDEN, Mr. RASS Reports and to ‘‘make such suggestions and BLUMENTHAL, and Mr. BROWN of of the Senator from Iowa (Mr. G - general recommendations on the report as it Ohio): LEY) was added as a cosponsor of S. 678, may consider appropriate.’’ Under Article 37, S. 3463. A bill to amend title XVIII of the a bill to increase the penalties for eco- the committee ‘‘shall give due consideration Social Security Act to reduce the incidence nomic espionage. to ways and means of enhancing national ca- of diabetes among Medicare beneficiaries; to S. 818 pacities for the implementation of the the Committee on Finance. At the request of Mr. KERRY, the present Convention.’’ The United States of By Mr. JOHNSON of South Dakota: name of the Senator from Rhode Island America understands that the Committee on S. 3464. A bill to amend the Mni Wiconi the Rights of Persons with Disabilities has Project Act of 1988 to facilitate completion (Mr. WHITEHOUSE) was added as a co- no authority to compel actions by states of the Mni Wiconi Rural Water Supply Sys- sponsor of S. 818, a bill to amend title parties, and the United States of America tem, and for other purposes; to the Com- XVIII of the Social Security Act to does not consider conclusions, recommenda- mittee on Energy and Natural Resources. count a period of receipt of outpatient tions, or general comments issued by the By Mr. JOHNSON of Wisconsin: observation services in a hospital to- committee as constituting customary inter- S.J. Res. 48. A joint resolution dis- ward satisfying the 3-day inpatient national law or to be legally binding on the approving the rule submitted by the Internal United States in any manner. hospital requirement for coverage of Revenue Service relating to the health insur- skilled nursing facility services under (7) The United States of America under- ance premium tax credit; to the Committee stands that the Convention is a non-dis- on Finance. Medicare. crimination instrument. Therefore, nothing S. 845 f in the Convention, including Article 25, ad- At the request of Mr. ENZI, the name dresses the provision of any particular SUBMISSION OF CONCURRENT AND of the Senator from Alaska (Mr. health program or procedure. Rather, the SENATE RESOLUTIONS Convention requires that health programs BEGICH) was added as a cosponsor of S. and procedures are provided to individuals The following concurrent resolutions 845, a bill to amend the Internal Rev- with disabilities on a non-discriminatory and Senate resolutions were read, and enue Code of 1986 to provide for the log- basis. referred (or acted upon), as indicated: ical flow of return information between (8) The United States of America under- By Mr. MANCHIN: partnerships, corporations, trusts, es- stands that, for the United States of Amer- tates, and individuals to better enable ica, the term or principle of the ‘‘best inter- S. Res. 534. A resolution congratulating the ests of the child’’ as used in Article 7(2), will Navy Dental Corps on its 100th anniversary; each party to submit timely, accurate be applied and interpreted to be coextensive to the Committee on Armed Services. returns and reduce the need for ex- with its application and interpretation under f tended and amended returns, to provide United States law. Consistent with this un- ADDITIONAL COSPONSORS for modified due dates by regulation, derstanding, nothing in Article 7 requires a and to conform the automatic cor- change to existing United States law. S. 19 porate extension period to long- c. Declarations.—The advice and consent of At the request of Mr. HATCH, the standing regulatory rule. the Senate to the ratification of the Conven- name of the Senator from North Da- tion is subject to the following declarations: S. 847 The United States of America declares kota (Mr. HOEVEN) was added as a co- At the request of Mr. LAUTENBERG, that the provisions of the Convention are not sponsor of S. 19, a bill to restore Amer- the name of the Senator from Hawaii self-executing. ican’s individual liberty by striking (Mr. AKAKA) was added as a cosponsor The Senate declares that, in view of the the Federal mandate to purchase insur- of S. 847, a bill to amend the Toxic Sub- reservations to be included in the instru- ance. ment of ratification, current United States stances Control Act to ensure that law fulfills or exceeds the obligations of the S. 202 risks from chemicals are adequately Convention for the United States of Amer- At the request of Mr. PAUL, the name understood and managed, and for other ica. of the Senator from Illinois (Mr. KIRK) purposes.

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.014 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5733 S. 1269 BEGICH) was added as a cosponsor of S. S. 3430 At the request of Ms. SNOWE, the 2189, a bill to amend the Age Discrimi- At the request of Mrs. SHAHEEN, the names of the Senator from Maryland nation in Employment Act of 1967 and name of the Senator from Minnesota (Mr. CARDIN) and the Senator from other laws to clarify appropriate stand- (Ms. KLOBUCHAR) was added as a co- Rhode Island (Mr. REED) were added as ards for Federal antidiscrimination and sponsor of S. 3430, a bill to amend the cosponsors of S. 1269, a bill to amend antiretaliation claims, and for other Public Health Service Act to foster the Elementary and Secondary Edu- purposes. more effective implementation and co- cation Act of 1965 to require the Sec- S. 2245 ordination of clinical care for people retary of Education to collect informa- At the request of Mr. BARRASSO, the with pre-diabetes and diabetes. tion from coeducational secondary name of the Senator from North Caro- S. 3450 schools on such schools’ athletic pro- lina (Mr. BURR) was added as a cospon- At the request of Mr. COATS, the grams, and for other purposes. sor of S. 2245, a bill to preserve existing name of the Senator from Alaska (Ms. S. 1366 rights and responsibilities with respect MURKOWSKI) was added as a cosponsor At the request of Ms. CANTWELL, the to waters of the United States. of S. 3450, a bill to limit the authority name of the Senator from Minnesota S. 2268 of the Secretary of the Interior to issue (Mr. FRANKEN) was added as a cospon- regulations before December 31, 2013, At the request of Mrs. GILLIBRAND, sor of S. 1366, a bill to amend the Inter- the name of the Senator from Montana under the Surface Mining Control and nal Revenue Code of 1986 to broaden Reclamation Act of 1977. (Mr. TESTER) was added as a cosponsor the special rules for certain govern- of S. 2268, a bill to ensure that all S. 3458 mental plans under section 105(j) to in- items offered for sale in any gift shop At the request of Mr. LAUTENBERG, clude plans established by political of the National Park Service or of the the names of the Senator from Cali- subdivisions. National Archives and Records Admin- fornia (Mrs. BOXER) and the Senator S. 1878 istration are produced in the United from Hawaii (Mr. AKAKA) were added as At the request of Mr. MENENDEZ, the States, and for other purposes. cosponsors of S. 3458, a bill to require name of the Senator from Maine (Ms. face to face purchases of ammunition, S. 2320 COLLINS) was added as a cosponsor of S. to require licensing of ammunition 1878, a bill to assist low-income indi- At the request of Ms. AYOTTE, the dealers, and to require reporting re- viduals in obtaining recommended den- name of the Senator from Indiana (Mr. garding bulk purchases of ammunition. COATS) was added as a cosponsor of S. tal care. S.J. RES. 29 2320, a bill to direct the American Bat- S. 1935 At the request of Mr. UDALL of New tle Monuments Commission to provide At the request of Ms. COLLINS, the Mexico, the name of the Senator from for the ongoing maintenance of Clark name of the Senator from North Da- California (Mrs. BOXER) was added as a Veterans Cemetery in the Republic of kota (Mr. HOEVEN) was added as a co- cosponsor of S.J. Res. 29, a joint resolu- the Philippines, and for other purposes. sponsor of S. 1935, a bill to require the tion proposing an amendment to the Secretary of the Treasury to mint S. 2620 Constitution of the United States re- coins in recognition and celebration of At the request of Mr. SCHUMER, the lating to contributions and expendi- the 75th anniversary of the establish- names of the Senator from Wisconsin tures intended to affect elections. (Mr. KOHL) and the Senator from New ment of the March of Dimes Founda- S.J. RES. 43 Mexico (Mr. BINGAMAN) were added as tion. At the request of Mrs. FEINSTEIN, the S. 1990 cosponsors of S. 2620, a bill to amend name of the Senator from Minnesota title XVIII of the Social Security Act At the request of Mr. LIEBERMAN, the (Ms. KLOBUCHAR) was added as a co- name of the Senator from Georgia (Mr. to provide for an extension of the Medi- sponsor of S.J. Res. 43, a joint resolu- ISAKSON) was added as a cosponsor of S. care-dependent hospital (MDH) pro- tion approving the renewal of import 1990, a bill to require the Transpor- gram and the increased payments restrictions contained in the Burmese tation Security Administration to under the Medicare low-volume hos- Freedom and Democracy Act of 2003, comply with the Uniformed Services pital program. and for other purposes. S. 3204 Employment and Reemployment S. CON. RES. 50 Rights Act. At the request of Mr. JOHANNS, the At the request of Mr. RUBIO, the S. 2074 name of the Senator from Illinois (Mr. name of the Senator from Pennsyl- At the request of Mr. CARDIN, the KIRK) was added as a cosponsor of S. vania (Mr. TOOMEY) was added as a co- name of the Senator from Michigan 3204, a bill to address fee disclosure re- sponsor of S. Con. Res. 50, a concurrent (Ms. STABENOW) was added as a cospon- quirements under the Electronic Fund resolution expressing the sense of Con- sor of S. 2074, a bill to amend the Inter- Transfer Act, and for other purposes. gress regarding actions to preserve and nal Revenue Code of 1986 to expand the S. 3236 advance the multistakeholder govern- rehabilitation credit, and for other pur- At the request of Mr. PRYOR, the ance model under which the Internet poses. name of the Senator from Massachu- has thrived. S. 2078 setts (Mr. BROWN) was added as a co- S. RES. 490 At the request of Mr. MENENDEZ, the sponsor of S. 3236, a bill to amend title At the request of Mrs. BOXER, the name of the Senator from Nevada (Mr. 38, United States Code, to improve the name of the Senator from Massachu- HELLER) was added as a cosponsor of S. protection and enforcement of employ- setts (Mr. KERRY) was added as a co- 2078, a bill to enable Federal and State ment and reemployment rights of sponsor of S. Res. 490, a resolution des- chartered banks and thrifts to meet members of the uniformed services, ignating the week of September 16, the credit needs of the Nation’s home and for other purposes. 2012, as ‘‘Mitochondrial Disease Aware- builders, and to provide liquidity and S. 3405 ness Week’’, reaffirming the impor- ensure stable credit for meeting the At the request of Mr. HELLER, the tance of an enhanced and coordinated Nation’s need for new homes. name of the Senator from South Da- research effort on mitochondrial dis- S. 2148 kota (Mr. THUNE) was added as a co- eases, and commending the National At the request of Mr. INHOFE, the sponsor of S. 3405, a bill to amend title Institutes of Health for its efforts to name of the Senator from Alabama 38, United States Code, to treat small improve the understanding of (Mr. SESSIONS) was added as a cospon- businesses bequeathed to spouses and mitochondrial diseases. sor of S. 2148, a bill to amend the Toxic dependents by members of the Armed S. RES. 524 Substance Control Act relating to lead- Forces killed in line of duty as small At the request of Mr. KERRY, the based paint renovation and remodeling business concerns owned and controlled names of the Senator from Michigan activities. by veterans for purposes of Department (Mr. LEVIN) and the Senator from S. 2189 of Veterans Affairs contracting goals Maine (Ms. COLLINS) were added as co- At the request of Mr. HARKIN, the and preferences, and for other pur- sponsors of S. Res. 524, a resolution re- name of the Senator from Alaska (Mr. poses. affirming the strong support of the

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.010 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5734 CONGRESSIONAL RECORD — SENATE July 31, 2012 United States for the 2002 declaration entific and technological advances that SEC. 2. RENAMING OF ACT. of conduct of parties in the South have enabled a wide range of simula- (a) IN GENERAL.—Section 1 of the Depart- China Sea among the member states of tion and analysis saving time, money, ment of Energy High-End Computing Revi- ASEAN and the People’s Republic of energy and fuel, which has strength- talization Act of 2004 (15 U.S.C. 5501 note; Public Law 108–423) is amended by striking China, and for other purposes. ened the U.S. economy and contributed ‘‘Department of Energy High-End Computing AMENDMENT NO. 2574 to national security. Revitalization Act of 2004’’ and inserting At the request of Mrs. HUTCHISON, the U.S. leadership in HPC has recently ‘‘Department of Energy High-End Computing name of the Senator from Missouri been challenged through significant Act of 2012’’. (Mrs. MCCASKILL) was added as a co- governmental investment in HPC pro- (b) CONFORMING AMENDMENT.—Section sponsor of amendment No. 2574 in- grams in Japan, China, South Korea, 976(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16316(1)) is amended by striking ‘‘De- tended to be proposed to S. 3414, a bill Russia, and the European Union, and the race to exascale computing is on. partment of Energy High-End Computing Re- to enhance the security and resiliency vitalization Act of 2004’’ and inserting ‘‘De- of the cyber and communications infra- Exascale computers will be able to per- partment of Energy High-End Computing structure of the United States. form 10 to the 18th power floating point Act of 2012’’. AMENDMENT NO. 2617 operations per second making them SEC. 3. DEFINITIONS. 1000 times more powerful than the At the request of Mr. COONS, the Section 2 of the Department of Energy name of the Senator from Illinois (Mr. most advanced computers today. These High-End Computing Act of 2012 (15 U.S.C. new computers will require the devel- 5541) is amended— DURBIN) was added as a cosponsor of opment of new software and computer (1) by redesignating paragraphs (2) through amendment No. 2617 intended to be pro- (5) as paragraphs (3) through (6), respec- posed to S. 3414, a bill to enhance the architectures with improved power consumption, memory, and reliability. tively; security and resiliency of the cyber and (2) by striking paragraph (1) and inserting This bipartisan bill updates the De- communications infrastructure of the the following: partment of Energy High-End Com- United States. ‘‘(1) DEPARTMENT.—The term ‘Department’ puting Revitalization Act of 2004 to means the Department of Energy. AMENDMENT NO. 2618 preserve DOE HPC and to distinguish ‘‘(2) EXASCALE COMPUTING.—The term At the request of Mr. AKAKA, the the exascale initiative from other high- ‘exascale computing’ means computing names of the Senator from New Hamp- end computing efforts. Based on input through the use of a computing machine shire (Mrs. SHAHEEN) and the Senator from the DOE, appropriate funding lev- that performs near or above 10 to the 18th from Illinois (Mr. DURBIN) were added els are established through this bill to power floating point operations per second.’’; and as cosponsors of amendment No. 2618 support the exascale initiative through intended to be proposed to S. 3414, a (3) in paragraph (6) (as redesignated by fiscal year 2015. This bill will ensure paragraph (1)), by striking ‘‘, acting through bill to enhance the security and resil- that the U.S. remains competitive in iency of the cyber and communications the Director of the Office of Science of the the race to exascale and as with pre- Department of Energy’’. infrastructure of the United States. vious generations of HPC systems, the SEC. 4. DEPARTMENT OF ENERGY HIGH-END AMENDMENT NO. 2636 resulting technological advances will COMPUTING RESEARCH AND DEVEL- At the request of Ms. SNOWE, the further support Federal priorities like OPMENT PROGRAM. name of the Senator from Missouri research and national security and will Section 3 of the Department of Energy High-End Computing Act of 2012 (15 U.S.C. (Mrs. MCCASKILL) was added as a co- be integrated into electronics indus- sponsor of amendment No. 2636 in- 5542) is amended— tries strengthening high-tech competi- (1) in subsection (a)(1), by striking ‘‘pro- tended to be proposed to S. 3414, a bill tiveness and driving economic growth. gram’’ and inserting ‘‘coordinated program to enhance the security and resiliency I would like to conclude by taking a across the Department’’; of the cyber and communications infra- moment to acknowledge the excep- (2) in subsection (b)(2), by striking ‘‘, which structure of the United States. tional efforts of a few staff members may’’ and all that follows through ‘‘architec- f who have worked diligently to help tures’’; and craft this important piece of legisla- (3) by striking subsection (d) and inserting STATEMENTS ON INTRODUCED the following: tion. Jonathan Epstein, a former staff BILLS AND JOINT RESOLUTIONS ‘‘(d) EXASCALE COMPUTING PROGRAM.— member on my Energy and Natural Re- By Mr. BINGAMAN (for himself, ‘‘(1) IN GENERAL.—The Secretary shall con- sources Committee and current staff duct a research program (referred to in this Mr. ALEXANDER, and Mr. DUR- member on the Armed Services Com- subsection as the ‘program’) to develop 1 or BIN): mittee and Jennifer Nekuda Malik, a more exascale computing machines to pro- S. 3459. A bill to amend the Depart- AAAS Science Policy Fellow on my mote the missions of the Department. ment of Energy High-End Computing Energy and Natural Resources Com- ‘‘(2) COORDINATION.—In carrying out the Revitalization Act of 2004 to improve mittee worked with Neena Imam, a program, the Secretary shall coordinate the the high-end computing research and development of 1 or more exascale com- Legislative Fellow on Senator ALEX- puting machines across all applicable agen- development program of the Depart- ANDER’s staff and Tom Craig, a staff ment of Energy, and for other pur- cies of the Department. member on the Appropriations Com- ‘‘(3) CODESIGN.—The Secretary shall carry poses; to the Committee on Energy and mittee, to update the DOE’s high-end out the program through an integration of Natural Resources. computing program to account for application, computer science, and computer Mr. BINGAMAN. Mr. President, I am changes since the Department of En- hardware architecture using public-private pleased to introduce the Department of ergy High-End Computing Revitaliza- partnerships to ensure that, to the maximum Energy High-End Computing Improve- tion Act of 2004 and establish the extent practicable, 1 or more exascale com- puting machines are capable of solving De- ment Act of 2012, along with my co- exascale computing program. I appre- sponsors, Senators ALEXANDER and partment target applications and scientific ciate the efforts of these staff members problems. DURBIN. This bipartisan bill addresses and I thank them for their work. ‘‘(4) MERIT REVIEW.—The development of 1 the need for ongoing high performance Mr. President, I ask unanimous con- or more exascale computing machines shall computing and the establishment of an sent that the text of the bill be printed be conducted through a merit review process. exascale program within the Depart- in the RECORD. ‘‘(5) ANNUAL REPORTS.—At the time of the ment of Energy, DOE. There being no objection, the text of budget submission of the Department for America’s leadership in high per- the bill was ordered to be printed in each fiscal year, the Secretary shall submit formance computing, HPC, is essential to Congress a report that describes funding the RECORD, as follows: for the exascale computing program as a to a vast range of national priorities in S. 3459 science, energy, environment, health, whole by functional element of the Depart- Be it enacted by the Senate and House of Rep- ment and critical milestones.’’. and national security. For decades the resentatives of the United States of America in U.S. was the leader in HPC through SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Congress assembled, Section 4 of the Department of Energy collaborative efforts led by the DOE SECTION 1. SHORT TITLE. High-End Computing Act of 2012 (15 U.S.C. between national laboratories, aca- This Act may be cited as the ‘‘Department 5543) is amended— demia, and industry. Investments in of Energy High-End Computing Improvement (1) by striking ‘‘this Act’’ and inserting HPC have facilitated extraordinary sci- Act of 2012’’. ‘‘section 3(d)’’; and

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.013 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5735 (2) by striking paragraphs (1) through (3) Over the last two years, I have talked Mr. BROWN of Ohio. Mr. President, and inserting the following: with dozens of business leaders and ex- over the last few years, our country ‘‘(1) $110,000,000 for fiscal year 2013; perts in tax policy to refine an idea to has grappled with rising health care ‘‘(2) $220,000,000 for fiscal year 2014; and create a new small business innovation costs. ‘‘(3) $300,000,000 for fiscal year 2015.’’. credit that would help those young While we are making strides, there is By Mr. COONS (for himself, Mr. companies. My commitment to this one area of health care that is lagging ENZI, Mr. SCHUMER, and Mr. concept has only strengthened since I behind: pediatric research. Children comprise 20 percept of the RUBIO): introduced a version of it in my very S. 3460. A bill to amend the Internal first bill as a Senator, the Job Creation U.S. population, but only about 5 per- Revenue Code of 1986 to provide for Through Innovation Act. This work cent of the National Institutes of startup businesses to use a portion of continued, along with Senator RUBIO, Health, NIH, extramural research is the research and development credit to in the subsequent AGREE Act and dedicated to pediatric research. If this rate of investment is not ex- offset payroll taxes; to the Committee Startup Act 2.0. panded, discoveries of new treatments on Finance. The reason I am so doggedly pursuing Mr. COONS. Mr. President, to fuel this idea is because it is critical for and therapies for some of the most dev- American economic growth and job young, innovative companies in my astating childhood diseases and condi- creation, we have to make sure our tax home state of Delaware. Take, for ex- tions will be hindered, and the next generation of researchers will be dis- policy is as smart as the innovators ample, DeNovix, a small company couraged from entering into the field who power our economy. based in Wilmington. With just six em- American ingenuity has always been ployees, they design, manufacture and of pediatrics. That is why I have introduced the at the core of our economic success. sell laboratory equipment that helps National Pediatric Research Network Behind nearly every game-changing in- scientists innovate and achieve results. Act. This act seeks to reverse this novation, from the light bulb to the As a brand-new company, all of trend by strengthening and expanding search engine, has been critical re- DeNovix’ products are in the research NIH’s investments into pediatric re- search and development that trans- and development phase. So at this search. forms an idea into a market-ready point, they can’t take advantage of the This expanded investment will help product. The challenges of the global R&D tax credit. A new, innovative accelerate new discoveries and directly economy may be new, but the solution company, shut out of support they need affect the health and well-being of chil- is the same—supporting and sustaining at the time they need it most. That dren throughout our Nation. American innovators. seems counterproductive for our econ- My home State of Ohio is home to That is why I joined with my friend omy. So let us fix it. Under the Startup world-class researchers at topnotch re- and colleague, the Senator from Wyo- Innovation Credit Act of 2012, DeNovix search hospitals and universities. ming, Senator ENZI, to draft legislation and companies like them across Dela- We must give these institutions, in- that gives innovative startup compa- ware and across the country could cluding Cincinnati Children’s, Rainbow nies the opportunity to take advantage grow and create jobs with the help of Babies, Children’s Hospital, and Na- of the successful research and develop- the R&D tax credit. tionwide Children’s Hospitals, the re- ment tax credit, which would support We can’t let tough economic times sources to partner with other leading their efforts to invest in innovation slow down the power of American inge- researchers across the country. and create jobs. nuity, especially when history has This legislation creates such an op- Senator ENZI and I are proud to be taught us that now is exactly the time portunity. joined by Senator SCHUMER of New we need to be investing in our The centerpiece of the legislation York and Senator RUBIO of Florida in innovators. More than half of our For- will be the authorization of up to 20 introducing the Startup Innovation tune 500 companies were launched dur- National Pediatric Research Consortia. Credit Act of 2012, which allows quali- ing a recession or bear market, so a They are modeled after the exem- fying companies to claim the R&D tax small business founded this year could plary National Cancer Institute, NCI, credit against their employment taxes become the next General Electric or Centers to help finance efficient and ef- instead of their income taxes, thereby DuPont if it gets the support it needs. fective, inter-institutional pediatric re- opening the credit to new companies America’s researchers, business lead- search. who don’t yet have an income tax li- ers, innovators and entrepreneurs are While NIH is working to advance ability. We are also grateful to our col- already working to help create jobs and translational research through Clinical leagues in the House, who are working ensure American competitiveness in & Translational Science Awards, those to introduce a bipartisan companion the global economy. We just have to centers are far-reaching and focused bill this week. support and sustain their hard work, primarily on adult diseases and clinical Over the past three decades, the re- and we cannot take the rest of the year research. In contrast, these pediatric search and development tax credit has off just because there is an election centers would be solely dedicated to- helped tens of thousands of successful coming up. Even in this difficult, par- ward pediatric research. American companies create jobs by tisan atmosphere, we have to find ways Unlike existing NIH initiatives in incentivizing investment in innova- to work together and get things done. which only the largest research insti- tion. But with America’s global manu- Innovation will drive American eco- tutions receive funds, the legislation facturing competitiveness at stake, it nomic competitiveness for generations envisions that each center will operate is time Congress shows the same type to come, and our job is to help our in a ‘‘hub and spoke’’ framework with of support for entrepreneurs and young innovators and entrepreneurs do their one central academic center coordi- companies. jobs. I urge my colleagues to join Sen- nating research and/or clinical work at Small and startup businesses are ators ENZI, SCHUMER, RUBIO and I in numerous auxiliary sites. Encouraging driving our Nation’s economic recovery strong support of the Startup Innova- collaboration can help ensure effi- and creating jobs by taking risks to tion Credit Act of 2012. ciency. turn their ideas into marketable prod- Furthermore, this legislation will en- ucts. Over the past few decades, firms By Mr. BROWN of Ohio (for him- courage research in pediatric rare dis- that were younger than 5 years old self, Mr. WICKER, Mr. KERRY, eases. were responsible for the overwhelming Mr. BLUMENTHAL, Mr. WHITE- While each rare disease or disorder majority of new jobs in this country. HOUSE, and Mr. BEGICH): affects a small patient population, it is The tax code is a powerful tool in the S. 3461. A bill to amend title IV of the important to note that 7,000 rare dis- government’s toolbox, but tax credits Public Health Service Act to provide eases—such as epidermolysis bullosa, can’t help emerging companies that for a National Pediatric Research Net- sickle cell anemia, spinal muscular at- don’t yet have tax liabilities. That work, including with respect to pedi- rophy, Down syndrome, Duchene’s takes the R&D tax credit off the table atric rare diseases or conditions; to the muscular dystrophy, and many child- for countless promising startups and Committee on Health, Education, hood cancers—affect a combined 30 small businesses. Labor, and Pensions. million Americans and their families.

VerDate Mar 15 2010 02:54 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.016 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5736 CONGRESSIONAL RECORD — SENATE July 31, 2012 What is even more devastating is the S. 3462 ‘‘(A) filing a complaint with the Secretary fact that children with rare genetic Be it enacted by the Senate and House of Rep- of Labor; or diseases account for more than half of resentatives of the United States of America in ‘‘(B) if the Secretary has not issued a final the rare disease population in the Congress assembled, decision within 180 days of the filing of the complaint and there is no showing that such United States. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Criminal delay is due to the bad faith of the claimant, As anyone with a rare disease or dis- bringing an action at law or equity for de order knows, these patient populations Antitrust Anti-Retaliation Act’’. SEC. 2. AMENDMENT TO ACPERA. novo review in the appropriate district court face unique challenges. of the United States, which shall have juris- It is my hope the National Pediatric The Antitrust Criminal Penalty Enhance- ment and Reform Act of 2004 (Public Law diction over such an action without regard Research Network Act will increase 108–237; 15 U.S.C. 1 note) is amended by add- to the amount in controversy. our understanding of pediatric dis- ing after section 215 the following: ‘‘(2) PROCEDURE.— ‘‘(A) IN GENERAL.—A complaint filed with eases, improve treatment and thera- ‘‘SEC. 216. ANTI-RETALIATION PROTECTION FOR pies, and create better health care out- WHISTLEBLOWERS. the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and comes for our nation’s children. ‘‘(a) WHISTLEBLOWER PROTECTIONS FOR EM- procedures set forth in section 42121(b)of I thank Senators WICKER, WHITE- PLOYEES, CONTRACTORS, SUBCONTRACTORS, title 49, United States Code. HOUSE, KERRY, BLUMENTHAL, and AND AGENTS.— ‘‘(1) IN GENERAL.—No person, or any officer, ‘‘(B) EXCEPTION.—Notification made under BEGICH for joining me as original co- section 42121(b)(1) of title 49, United States sponsors. employee, contractor, subcontractor or agent of such person, may discharge, demote, Code, shall be made to the person named in the complaint and to the employer. By Mr. LEAHY (for himself, Mr. suspend, threaten, harass, or in any other manner discriminate against a whistleblower ‘‘(C) BURDENS OF PROOF.—A complaint filed GRASSLEY, and Mr. KOHL): in the terms and conditions of employment with the Secretary of Labor under paragraph S. 3462. A bill to provide anti-retalia- because— (1) shall be governed by the legal burdens of tion protections for antitrust whistle- ‘‘(A) the whistleblower provided or caused proof set forth in section 42121(b) of title 49, blowers; to the Committee on the Judi- to be provided to the person or the Federal United States Code. ciary. Government information relating to— ‘‘(D) STATUTE OF LIMITATIONS.—A com- Mr. LEAHY. Mr. President, I am ‘‘(i) any violation of, or any act or omis- plaint under paragraph (1)(A) shall be filed pleased to join with Senator GRASSLEY sion the whistleblower reasonably believes to with the Secretary of Labor not later than and today introduce the Criminal Anti- be a violation of the antitrust laws; or 180 days after the date on which the viola- tion occurs. trust Anti-Retaliation Act. This legis- ‘‘(ii) any violation of, or any act or omis- sion the whistleblower reasonably believes to ‘‘(E) CIVIL ACTIONS TO ENFORCE.—If a person lation will provide important protec- fails to comply with an order or preliminary tions to employees who come forward be a violation of another criminal law com- mitted in conjunction with a potential viola- order issued by the Secretary of Labor pur- and disclose to law enforcement price tion of the antitrust laws or in conjunction suant to the procedures in section 42121(b), fixing and other criminal antitrust be- with an investigation by the Department of the Secretary of Labor or the person on havior that harm consumers. Senator Justice of a potential violation of the anti- whose behalf the order was issued may bring GRASSLEY and I have a long history of trust laws; or a civil action to enforce the order in the dis- working together on whistleblower ‘‘(B) the whistleblower filed, caused to be trict court of the United States for the judi- issues, and I am glad we can continue filed, testified, participated in, or otherwise cial district in which the violation occurred. ‘‘(c) REMEDIES.— this partnership today. assisted an investigation or a proceeding filed or about to be filed (with any knowl- ‘‘(1) IN GENERAL.—A whistleblower pre- Whistleblowers are instrumental in vailing in any action under subsection (b)(1) alerting the public, Congress, and law edge of the employer) relating to— ‘‘(i) any violation of, or any act or omis- shall be entitled to all relief necessary to enforcement to wrongdoing. In many sion the whistleblower reasonably believes to make the whistleblower whole. cases, their willingness to step forward be a violation of the antitrust laws; or ‘‘(2) COMPENSATORY DAMAGES.—Relief for has resulted in important reforms and ‘‘(ii) any violation of, or any act or omis- any action under paragraph (1) shall in- even saved lives. Congress must en- sion the whistleblower reasonably believes to clude— courage employees with reasonable be- be a violation of another criminal law com- ‘‘(A) reinstatement with the same senior- ity status that the whistleblower would have liefs about criminal activity to report mitted in conjunction with a potential viola- tion of the antitrust laws or in conjunction had, but for the discrimination; such fraud or abuse by offering mean- ‘‘(B) the amount of back pay, with inter- ingful protection to those who blow the with an investigation by the Department of Justice of a potential violation of the anti- est; and whistle rather than leaving them vul- trust laws. ‘‘(C) compensation for any special damages sustained as a result of the discrimination nerable to reprisals. ‘‘(2) LIMITATION ON PROTECTIONS.—Para- The legislation we introduce today graph (1) shall not apply to any whistle- including litigation costs, expert witness was inspired by a recent report and rec- blower if— fees, and reasonable attorney’s fees. ‘‘(d) RIGHTS RETAINED BY WHISTLE- ommendation from the Government ‘‘(A) the whistleblower planned and initi- BLOWERS.—Nothing in this section shall be ated a violation or attempted violation of Accountability Office which, based on deemed to diminish the rights, privileges, or the antitrust laws; interviews with key stakeholders, remedies of any whistleblower under any ‘‘(B) the whistleblower planned and initi- found widespread support for anti-re- Federal or State law, or under any collective ated a violation or attempted violation of taliatory protection in criminal anti- bargaining agreement.’’. another criminal law in conjunction with a trust cases. It is modeled on the suc- violation or attempted violation of the anti- By Mr. FRANKEN (for himself, cessful anti-retaliation provisions of trust laws; or the Sarbanes Oxley Act, and is care- ‘‘(C) the whistleblower planned and initi- Mr. LUGAR, Mr. ROCKEFELLER, fully drafted to ensure that whistle- ated an obstruction or attempted obstruc- Ms. COLLINS, Mrs. SHAHEEN, Mr. blowers have no economic incentive to tion of an investigation by the Department WYDEN, Mr. BLUMENTHAL, and bring forth false claims. of Justice of a violation of the antitrust Mr. BROWN of Ohio): I have long supported vigorous en- laws. S. 3463. A bill to amend title XVIII of forcement of the antitrust laws, which ‘‘(3) DEFINITIONS.—In the section: the Social Security Act to reduce the have been called the ‘‘Magna Carta of ‘‘(A) PERSON.—The term ‘person’ has the incidence of diabetes among Medicare same meaning as in subsection (a) of the beneficiaries; to the Committee on Fi- free enterprise.’’ Today’s legislation is first section of the Clayton Act (15 U.S.C. a necessary complement to them. It 12(a)). nance. has bipartisan support and was rec- ‘‘(B) ANTITRUST LAWS.—The term ‘antitrust Mr. ROCKEFELLER. Mr. President, I ommended by the Government Ac- laws’ means section 1 or 3 of the Sherman am pleased to join today with my col- countability Office. I urge the Senate Act (15 U.S.C. 1, 3) or similar State law. leagues, Senator FRANKEN, Senator to quickly take up and pass this impor- ‘‘(C) WHISTLEBLOWER.—The term ‘whistle- LUGAR, Senator COLLINS, Senator SHA- tant legislation. blower’ means an employee, contractor, sub- HEEN, Senator WYDEN, Senator Mr. President, I ask unanimous con- contractor, or agent protected from dis- BLUMENTHAL, and Senator BROWN of sent that the text of the bill be printed crimination under paragraph (1). Ohio, to introduce an important piece ‘‘(b) ENFORCEMENT ACTION.— in the RECORD. ‘‘(1) IN GENERAL.—A whistleblower who al- of bipartisan legislation, the Medicare There being no objection, the text of leges discharge or other discrimination by Diabetes Prevention Act of 2012. Our the bill was ordered to be printed in any person in violation of subsection (a) may legislation makes a wise investment in the RECORD, as follows: seek relief under subsection (c) by— seniors’ health by extending the proven

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.002 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5737 success of the National Diabetes Pre- this innovative initiative, and it is my completion of the Mni Wiconi Rural vention Program to Medicare. Nearly hope that more states will do so. By Water Supply System, and for other 26 million American adults have diabe- 2020, Medicaid is expected to cover 13 purposes; to the Committee on Energy tes, and if this disturbing trend doesn’t million people with diabetes and about and Natural Resources. stop, over half of the adult population 9 million people who may have pre-dia- Mr. JOHNSON of South Dakota. Mr. will either have Type 2 diabetes or its betes, and states will spend an esti- President, today I introduced legisla- precursor, ‘‘prediabetes,’’ by 2020. mated $83 billion on individuals with tion to facilitate completion of the Mni Sadly, my home State of West Vir- diabetes or pre-diabetes. The National Wiconi Rural Water System. The Mni ginia has one of the highest diabetes Diabetes Prevention program presents Wiconi Project provides quality drink- rates in the Nation. In 2009, approxi- an opportunity for States to reduce the ing water to three Indian Reservations mately 174,000 adults, which is 11 per- incidence of diabetes among individ- and a non-tribal rural water system in cent of West Virginia adults, had diabe- uals enrolled in their Medicaid pro- western South Dakota that have his- tes. According to Centers for Disease grams, an especially strategic invest- torically faced insufficient and, in too Control estimates, as many as 50 per- ment when combined with the expan- many cases, unsafe drinking water. cent of the nearly 380,000 people with sion of the Medicaid program under I have been involved with this project Medicare in West Virginia may be at health reform. for the entirety of my 25 year congres- risk of developing this serious, but pre- The coverage of proven solutions sional career, including sponsoring au- ventable, illness. If current trends con- under Medicare is nothing new. Yet, thorizing legislation that was ulti- tinue, one in three children born in rather than providing a traditional mately enacted in 1988. In authorizing West Virginia after the year 2000 will drug or procedure, NDPP allows at-risk the project, Congress found that the develop diabetes within his or her life- individuals to change their lifestyles United States has a trust responsi- time and people with diabetes risk de- through a community intervention. bility to ensure that adequate and safe veloping terrible complications down Implementing NDPP is a unique re- water supplies are available to meet the road, including heart disease, sponse to the alarming and escalating the economic, environmental, water stroke, blindness, and amputations. rates of diabetes. This public health so- supply, and public health needs of the Diabetes is also one of the main cost lution has demonstrated tangible re- Pine Ridge Indian Reservation, Rose- drivers in our health care system. The sults that can enable our country to bud Indian Reservation, and Lower direct economic burden of diabetes was prevent diabetes, while reducing health Brule Indian Reservation. With treated $116 billion for medical expenses and care costs. The NDPP is a strategic and drinking water from the Missouri River indirect costs totaled $58 billion due to cost-effective intervention that costs now reaching most of the three res- disability, work loss, or premature less than $500 per person to deliver, ervations, as well as the 7 county area death in 2007. The costs associated with compared to the estimated $15,000 per of the West River/Lyman-Jones Rural this preventable disease for Medicare year spent on each Medicare bene- Water System, we are very close to beneficiaries are expected to grow to $2 ficiary with diabetes. According to the completing this critically important trillion over the 2011 to 2020 period. Urban Institute, implementing the project. We simply cannot stand idly by in NDPP nationally could save $191 bil- Unfortunately, appropriations have lion over the next 10 years, with 75 per- the face of such overwhelming statis- failed to keep pace with projected cent of the savings, $142.9 billion, going tics—and fortunately, there is a way to timelines, and additional costs have to the Medicare and Medicaid pro- prevent Type 2 diabetes. The National cut into construction funding. Accord- Diabetes Prevention Program, NDPP, grams. Better yet, the National Diabetes ingly, the project requires an increase is an innovative approach that has in the cost ceiling and extension of its demonstrated its effects in preventing Prevention Program is a job creator, bringing diabetes trainers to more authorization in order to be completed the onset of Type 2 diabetes. The NDPP and serve the design population. With- is a proven, community-based interven- communities nationwide to provide the program. West Virginia has already re- out an adjustment to the cost ceiling, tion that focuses on changing lifestyle some portions of the Oglala Sioux behaviors of prediabetic overweight or ceived funding from the Centers for Disease Control and Prevention Rural Water Supply System and Rose- obese adults through activities that bud Sioux Rural Water System will re- improve dietary choices and increase through a Community Transformation Grant that will allow the State to main incomplete. The legislation I physical activity in a group setting. In have introduced today addresses this a large-scale clinical trial that has train at least 100 community health workers to help disseminate the Diabe- shortfall and other important aspects been replicated in community settings, tes Prevention Program in the State of the project. The legislation also di- NDPP successfully reduced the onset of over the next 5 years. rects other Federal agencies that sup- diabetes by 58 percent overall and 71 The Medicare Diabetes Prevention port rural water development to assist percent in adults over 60. Act has been endorsed by the American the Bureau of Reclamation in improv- Because of the impressive success of Diabetes Association, American Heart ing and repairing existing community the National Diabetes Prevention Pro- Association, American Public Health water systems that are important com- gram, I believe our seniors should have Association, National Association of ponents of the project. access to its benefits. The Medicare Di- Chronic Disease Directors, National Our Federal responsibility to address abetes Prevention Act of 2012 will help Association of State Long-Term Care the tremendous need for adequate and seniors prevent Type 2 diabetes by al- Ombudsman Programs, National Coun- safe drinking water supplies on the lowing Medicare to provide the Na- cil on Aging, Novo Nordisk, Trust for Pine Ridge, Rosebud and Lower Brule tional Diabetes Prevention Program America’s Health, the YMCA of the Indian Reservations remains as impor- through community settings like the USA, and State YMCA affiliates in tant today as it was 25 years ago. I YMCA, local health departments, or over 45 States. With so many Ameri- look forward to working with my col- even the local church, reaching people cans at risk for developing diabetes and leagues to advance this modest but im- with Medicare wherever they live. In its potentially severe complications, portant legislation. the past, physicians have had few tools today is the right time for Medicare to f for their patients who are found to be extend the proven National Diabetes SUBMITTED RESOLUTIONS at risk of diabetes. Under this bill, if a Prevention Program as a covered ben- senior is found at risk for diabetes, for efit to seniors. example, through their annual wellness I urge my colleagues to support this visit, their doctor will be able to refer SENATE RESOLUTION 534—CON- timely and important piece of legisla- GRATULATING THE NAVY DEN- them to an NDPP program in their tion. area. TAL CORPS ON ITS 100TH ANNI- Unlike Medicare, which needs a Fed- By Mr. JOHNSON of South Da- VERSARY eral legislative change to cover this kota: Mr. MANCHIN submitted the fol- program, State Medicaid programs al- S. 3464. A bill to amend the Mni lowing resolution; which was referred ready have the authority to pay for Wiconi Project Act of 1988 to facilitate to the Committee on Armed Services:

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.019 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5738 CONGRESSIONAL RECORD — SENATE July 31, 2012

S. RES. 534 posed by him to the bill S. 3414, supra; which SA 2692. Mrs. HUTCHISON (for herself, Mr. Whereas on August 22, 1912, Congress was ordered to lie on the table. MCCAIN, Mr. CHAMBLISS, Mr. GRASSLEY, Ms. passed an Act recognizing Navy dentistry as SA 2673. Mr. DEMINT submitted an amend- MURKOWSKI, Mr. COATS, Mr. BURR, and Mr. a distinct branch among naval medical pro- ment intended to be proposed by him to the JOHNSON of Wisconsin) submitted an amend- fessions; bill S. 3414, supra; which was ordered to lie ment intended to be proposed by her to the Whereas throughout history, the Navy on the table. bill S. 3414, supra; which was ordered to lie Dental Corps has supported the Navy by sus- SA 2674. Mr. DEMINT submitted an amend- on the table. taining sailor and marine readiness and pro- ment intended to be proposed by him to the SA 2693. Mr. COATS submitted an amend- viding routine and emergency dental care, bill S. 3414, supra; which was ordered to lie ment intended to be proposed by him to the ashore and afloat, in peace and in war; on the table. bill S. 3414, supra; which was ordered to lie Whereas the Navy Dental Corps works con- SA 2675. Ms. MURKOWSKI submitted an on the table. tinuously to improve the health of sailors, amendment intended to be proposed to SA 2694. Mr. COATS submitted an amend- marines, and their families by supporting in- amendment SA 2645 submitted by Mr. BINGA- ment intended to be proposed by him to the dividual and community prevention initia- MAN and intended to be proposed to the bill bill S. 3414, supra; which was ordered to lie tives, good oral hygiene practices, and treat- S. 3414, supra; which was ordered to lie on on the table. ment; the table. SA 2695. Mr. SESSIONS submitted an SA 2676. Ms. MURKOWSKI submitted an Whereas the Navy Dental Corps endeavors amendment intended to be proposed by him amendment intended to be proposed by her to improve oral health worldwide by partici- to the bill S. 3414, supra; which was ordered to the bill S. 3414, supra; which was ordered pating in the spectrum of military combat, to lie on the table. to lie on the table. SA 2696. Mr. MCCAIN (for himself, Mrs. peacekeeping, and humanitarian operations SA 2677. Mr. WHITEHOUSE (for himself HUTCHISON, Mr. CHAMBLISS, Mr. GRASSLEY, and exercises; and Ms. MIKULSKI) submitted an amendment Ms. MURKOWSKI, Mr. COATS, Mr. BURR, and Whereas the Navy Dental Corps, in collabo- intended to be proposed by him to the bill S. Mr. JOHNSON of Wisconsin) submitted an ration with national and international den- 3414, supra; which was ordered to lie on the amendment intended to be proposed by him tal organizations, promotes dental profes- table. to the bill S. 3414, supra; which was ordered sionalism and quality of care; SA 2678. Mr. WHITEHOUSE (for himself to lie on the table. Whereas the Navy Dental Corps supports and Ms. MIKULSKI) submitted an amendment SA 2697. Mr. MCCAIN submitted an amend- the mission of the Federal dental research intended to be proposed by him to the bill S. ment intended to be proposed by him to the program and endorses improved dental tech- 3414, supra; which was ordered to lie on the bill S. 3414, supra; which was ordered to lie nologies and therapies through research and table. on the table. adherence to sound scientific principles; and SA 2679. Mr. WHITEHOUSE (for himself SA 2698. Mr. PORTMAN submitted an Whereas the Navy Dental Corps recognizes and Ms. MIKULSKI) submitted an amendment amendment intended to be proposed by him the importance of continuing professional intended to be proposed by him to the bill S. to the bill S. 3414, supra; which was ordered dental education, requiring and supporting 3414, supra; which was ordered to lie on the to lie on the table. specialty dental education and postgraduate table. SA 2699. Mr. DEMINT submitted an amend- residencies and fellowships for its members: SA 2680. Mr. WYDEN submitted an amend- ment intended to be proposed by him to the Now, therefore, be it ment intended to be proposed by him to the bill S. 3414, supra; which was ordered to lie Resolved, That the Senate— bill S. 3414, supra; which was ordered to lie on the table. (1) congratulates the Navy Dental Corps on on the table. SA 2700. Mr. ROCKEFELLER (for himself, its 100th anniversary; SA 2681. Mr. WYDEN submitted an amend- Mrs. FEINSTEIN, and Mr. PRYOR) submitted (2) commends the Navy Dental Corps for ment intended to be proposed by him to the an amendment intended to be proposed by working to sustain the dental readiness and bill S. 3414, supra; which was ordered to lie him to the bill S. 3414, supra; which was or- the oral health of a superb fighting force; on the table. dered to lie on the table. and SA 2682. Mr. COBURN submitted an amend- SA 2701. Mr. FRANKEN (for himself, Mr. (3) recognizes the thousands of dentists ment intended to be proposed by him to the PAUL, Mr. WYDEN, Mr. AKAKA, Mr. COONS, who have served in the Navy Dental Corps bill S. 3414, supra; which was ordered to lie Mr. BLUMENTHAL, Mr. SANDERS, Mr. UDALL of over the last 100 years, providing dental care on the table. New Mexico, Mr. MERKLEY, Mr. SCHUMER, to millions of members of the Armed Forces SA 2683. Mr. COBURN submitted an amend- Ms. CANTWELL, Mrs. SHAHEEN, Mr. BEGICH, and their families. ment intended to be proposed by him to the Mr. DURBIN, and Mr. HARKIN) submitted an f bill S. 3414, supra; which was ordered to lie amendment intended to be proposed by him AMENDMENTS SUBMITTED AND on the table. to the bill S. 3414, supra; which was ordered SA 2684. Mr. MCCONNELL (for himself, Mr. to lie on the table. PROPOSED HATCH, Mr. KYL, Mr. HOEVEN, Mr. RUBIO, SA 2702. Mr. FRANKEN (for himself, Mr. SA 2665. Mr. JOHNSON of Wisconsin sub- Mrs. HUTCHISON, Mr. ROBERTS, Mr. VITTER, PAUL, Mr. WYDEN, Mr. AKAKA, Mr. COONS, mitted an amendment intended to be pro- Mr. GRASSLEY, Mr. BARRASSO , Mr. COBURN, Mr. BLUMENTHAL, Mr. SANDERS, Mr. UDALL of posed by him to the bill S. 3414, to enhance Mr. COATS, Mr. INHOFE, Mr. WICKER , and Mr. New Mexico, Mr. MERKLEY, Mr. SCHUMER, the security and resiliency of the cyber and JOHANNS) submitted an amendment intended Ms. CANTWELL, Mrs. SHAHEEN, Mr. BEGICH, communications infrastructure of the United to be proposed by him to the bill S. 3414, Mr. DURBIN, and Mr. HARKIN) submitted an States; which was ordered to lie on the table. supra; which was ordered to lie on the table. amendment intended to be proposed by him SA 2666. Mr. JOHNSON of Wisconsin sub- SA 2685. Mrs. GILLIBRAND submitted an to the bill S. 3414, supra; which was ordered mitted an amendment intended to be pro- amendment intended to be proposed by her to lie on the table. posed by him to the bill S. 3414, supra; which to the bill S. 3414, supra; which was ordered SA 2703. Mr. FRANKEN (for himself, Mr. was ordered to lie on the table. to lie on the table. PAUL, Mr. WYDEN, Mr. AKAKA, Mr. COONS, SA 2667. Mr. JOHNSON of Wisconsin sub- SA 2686. Mrs. GILLIBRAND (for herself and Mr. BLUMENTHAL, Mr. SANDERS, Mr. UDALL of mitted an amendment intended to be pro- Mr. BENNET) submitted an amendment in- New Mexico, Mr. MERKLEY, Mr. SCHUMER, posed by him to the bill S. 3414, supra; which tended to be proposed by her to the bill S. Ms. CANTWELL, Mrs. SHAHEEN, Mr. BEGICH, was ordered to lie on the table. 3414, supra; which was ordered to lie on the Mr. DURBIN, and Mr. HARKIN) submitted an SA 2668. Mr. RUBIO (for himself, Mrs. table. amendment intended to be proposed by him MCCASKILL, Mr. TOOMEY, Mr. BARRASSO, Ms. SA 2687. Mrs. GILLIBRAND submitted an to the bill S. 3414, supra; which was ordered AYOTTE, Mrs. SHAHEEN, and Mr. UDALL of amendment intended to be proposed by her to lie on the table. New Mexico) submitted an amendment in- to the bill S. 3414, supra; which was ordered SA 2704. Ms. CANTWELL submitted an tended to be proposed by him to the bill S. to lie on the table. amendment intended to be proposed by her 3414, supra; which was ordered to lie on the SA 2688. Mr. WYDEN (for himself and Mr. to the bill S. 3414, supra; which was ordered table. KIRK) submitted an amendment intended to to lie on the table. SA 2669. Mr. RUBIO submitted an amend- be proposed by him to the bill S. 3414, supra; SA 2705. Ms. CANTWELL submitted an ment intended to be proposed by him to the which was ordered to lie on the table. amendment intended to be proposed by her bill S. 3414, supra; which was ordered to lie SA 2689. Mr. BENNET (for himself and Mr. to the bill S. 3414, supra; which was ordered on the table. COBURN) submitted an amendment intended to lie on the table. SA 2670. Mr. RUBIO submitted an amend- to be proposed by him to the bill S. 3414, SA 2706. Mrs. MURRAY submitted an ment intended to be proposed by him to the supra; which was ordered to lie on the table. amendment intended to be proposed by her bill S. 3414, supra; which was ordered to lie SA 2690. Ms. MURKOWSKI submitted an to the bill S. 3414, supra; which was ordered on the table. amendment intended to be proposed by her to lie on the table. SA 2671. Mr. RUBIO submitted an amend- to the bill S. 3414, supra; which was ordered SA 2707. Ms. CANTWELL submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by her bill S. 3414, supra; which was ordered to lie SA 2691. Mrs. HUTCHISON submitted an to the bill S. 3414, supra; which was ordered on the table. amendment intended to be proposed by her to lie on the table. SA 2672. Mr. BROWN of Massachusetts sub- to the bill S. 3414, supra; which was ordered SA 2708. Ms. CANTWELL submitted an mitted an amendment intended to be pro- to lie on the table. amendment intended to be proposed by her

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.021 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5739 to the bill S. 3414, supra; which was ordered SA 2730. Mr. THUNE submitted an amend- SA 2666. Mr. JOHNSON of Wisconsin to lie on the table. ment intended to be proposed by him to the submitted an amendment intended to SA 2709. Ms. CANTWELL submitted an bill S. 3414, supra; which was ordered to lie be proposed by him to the bill S. 3414, amendment intended to be proposed by her on the table. to enhance the security and resiliency to the bill S. 3414, supra; which was ordered SA 2731. Mr. REID (for Mr. LIEBERMAN (for to lie on the table. himself, Ms. COLLINS, Mr. ROCKEFELLER, Mrs. of the cyber and communications infra- SA 2710. Ms. CANTWELL submitted an FEINSTEIN, and Mr. CARPER)) proposed an structure of the United States; which amendment intended to be proposed by her amendment to the bill S. 3414, supra. was ordered to lie on the table; as fol- to the bill S. 3414, supra; which was ordered SA 2732. Mr. REID (for Mr. FRANKEN) pro- lows: to lie on the table. posed an amendment to amendment SA 2731 On page 8, after line 22, insert the fol- SA 2711. Ms. CANTWELL submitted an proposed by Mr. REID (for Mr. LIEBERMAN lowing: amendment intended to be proposed by her (for himself, Ms. COLLINS, Mr. ROCKEFELLER, SEC. 3. EFFECTIVE DATE. to the bill S. 3414, supra; which was ordered Mrs. FEINSTEIN, and Mr. CARPER)) to the bill (a) IN GENERAL.—Except as provided in to lie on the table. S. 3414, supra. subsection (b)(2), this Act and the amend- SA 2712. Ms. CANTWELL submitted an SA 2733. Mr. REID proposed an amendment ments made by this Act shall not take effect amendment intended to be proposed by her to the bill S. 3414, supra. until 60 days after the date on which the to the bill S. 3414, supra; which was ordered SA 2734. Mr. REID proposed an amendment Congressional Budget Office submits to Con- to lie on the table. to amendment SA 2733 proposed by Mr. REID gress a report regarding the budgetary ef- SA 2713. Mr. PAUL submitted an amend- to the bill S. 3414, supra. ment intended to be proposed by him to the SA 2735. Mr. REID proposed an amendment fects of this Act. (b) CBO SCORE.— bill S. 3414, supra; which was ordered to lie to the bill S. 3414, supra. on the table. SA 2736. Mr. REID proposed an amendment (1) REPORT.—The Congressional Budget Of- fice shall submit to Congress a report regard- SA 2714. Mr. PAUL submitted an amend- to amendment SA 2735 proposed by Mr. REID ment intended to be proposed by him to the to the bill S. 3414, supra. ing the budgetary effects of this Act. bill S. 3414, supra; which was ordered to lie SA 2737. Mr. REID proposed an amendment (2) EFFECTIVE DATE.—Paragraph (1) shall take effect on the date of enactment of this on the table. to amendment SA 2736 proposed by Mr. REID SA 2715. Mr. PAUL submitted an amend- to the amendment SA 2735 proposed by Mr. Act ment intended to be proposed by him to the (c) PUBLIC HEARINGS.—Not later than 60 REID to the bill S. 3414, supra. bill S. 3414, supra; which was ordered to lie SA 2738. Ms. SNOWE (for herself and Mr. days after the date on which the Congres- sional Budget Office submits the report de- on the table. WARNER) submitted an amendment intended SA 2716. Mr. LEE submitted an amendment to be proposed by her to the bill S. 3414, scribed in subsection (b)(1) to Congress, the intended to be proposed by him to the bill S. supra; which was ordered to lie on the table. head of each agency with responsibility for 3414, supra; which was ordered to lie on the SA 2739. Mrs. GILLIBRAND (for herself and regulating the security of critical infrastruc- table. ture under this Act shall hold a public hear- Mr. BENNET) submitted an amendment in- SA 2717. Mrs. SHAHEEN submitted an tended to be proposed by her to the bill S. ing to allow members of the public and in- amendment intended to be proposed by her 3414, supra; which was ordered to lie on the dustry to comment on the impact of the to the bill S. 3414, supra; which was ordered table. budgetary effects of this Act. to lie on the table. SA 2740. Mr. LIEBERMAN (for Mr. NELSON SA 2718. Mrs. SHAHEEN submitted an SA 2667. Mr. JOHNSON of Wisconsin amendment intended to be proposed by her of Florida) proposed an amendment to the resolution S. Res. 525, honoring the life and submitted an amendment intended to to the bill S. 3414, supra; which was ordered be proposed by him to the bill S. 3414, to lie on the table. legacy of Oswaldo Paya Sardinas. SA 2719. Mr. KOHL (for himself, Mr. WHITE- SA 2741. Mr. BLUMENTHAL submitted an to enhance the security and resiliency HOUSE, and Mr. COONS) submitted an amend- amendment intended to be proposed by him of the cyber and communications infra- ment intended to be proposed by him to the to the bill S. 3414, to enhance the security structure of the United States; which bill S. 3414, supra; which was ordered to lie and resiliency of the cyber and communica- was ordered to lie on the table; as fol- tions infrastructure of the United States; on the table. lows: SA 2720. Mrs. MCCASKILL submitted an which was ordered to lie on the table. On page 8, after line 22, insert the fol- amendment intended to be proposed by her SA 2742. Mr. TESTER submitted an amend- lowing: to the bill S. 3414, supra; which was ordered ment intended to be proposed by him to the to lie on the table. bill S. 3414, supra; which was ordered to lie SEC. 3. EFFECTIVE DATE. SA 2721. Mrs. MCCASKILL submitted an on the table. (a) IN GENERAL.—Except as provided in amendment intended to be proposed by her f subsection (b)(2), this Act and the amend- to the bill S. 3414, supra; which was ordered ments made by this Act shall not take effect to lie on the table. TEXT OF AMENDMENTS until— SA 2722. Mrs. MCCASKILL submitted an SA 2665. Mr. JOHNSON of Wisconsin (1) the date on which the Congressional amendment intended to be proposed by her submitted an amendment intended to Budget Office submits to Congress a report regarding the budgetary effects of this Act; to the bill S. 3414, supra; which was ordered be proposed by him to the bill S. 3414, to lie on the table. or SA 2723. Mr. PRYOR submitted an amend- to enhance the security and resiliency (2) if the report regarding the budgetary ef- ment intended to be proposed by him to the of the cyber and communications infra- fects submitted under subsection (b)(1) deter- bill S. 3414, supra; which was ordered to lie structure of the United States; which mines that the cost of this Act is more than on the table. was ordered to lie on the table; as fol- $100,000,000, 60 days after the date on which SA 2724. Ms. MIKULSKI submitted an lows: the determination is published in the Fed- amendment intended to be proposed by her At the appropriate place, insert the fol- eral Register under subsection (b)(1)(B). to the bill S. 3414, supra; which was ordered (b) CBO SCORE.— lowing: to lie on the table. (1) REPORT.—The Congressional Budget Of- SA 2725. Mr. LEE submitted an amendment SEC. ll. LIMITATION ON REGULATIONS. fice shall— intended to be proposed by him to the bill S. (a) IN GENERAL.—The head of a Federal (A) submit to Congress a report regarding 3414, supra; which was ordered to lie on the agency may not issue regulations, standards, the budgetary effects of this Act; and table. or practices that are applicable to the pri- (B) if the report regarding the budgetary SA 2726. Mr. PRYOR submitted an amend- vate sector under this Act or an amendment effects described in subparagraph (A) deter- ment intended to be proposed by him to the made by this Act until after the date on mines that the cost of this Act is more than bill S. 3414, supra; which was ordered to lie which the Comptroller General of the United $100,000,000, publish such determination in on the table. States submits to Congress a report stating the Federal Register and allow public com- SA 2727. Mr. BLUMENTHAL (for himself, that the information infrastructure of the ment during the 60-day period beginning on Mr. SCHUMER, Ms. KLOBUCHAR, Mr. WYDEN, Federal agency is in compliance with the the date on which such determination is pub- Mr. AKAKA, Mr. SANDERS, and Mrs. SHAHEEN) regulations, standards, or practices. lished. (b) GAO REVIEW.—Upon request by the submitted an amendment intended to be pro- (2) EFFECTIVE DATE.—Paragraph (1) shall posed by him to the bill S. 3414, supra; which head of a Federal agency, the Comptroller take effect on the date of enactment of this was ordered to lie on the table. General of the United States shall— Act. SA 2728. Mr. BLUMENTHAL submitted an (1) review the information infrastructure amendment intended to be proposed by him of the Federal agency to determine whether SA 2668. Mr. RUBIO (for himself, to the bill S. 3414, supra; which was ordered the information infrastructure is in compli- Mrs. MCCASKILL, Mr. TOOMEY, Mr. BAR- to lie on the table. ance with proposed regulations, standards, SA 2729. Mr. WARNER (for himself and Ms. or practices; and RASSO, Ms. AYOTTE, Mrs. SHAHEEN, and SNOWE) submitted an amendment intended (2) submit to Congress a report regarding Mr. UDALL of New Mexico) submitted to be proposed by him to the bill S. 3414, the conclusion of the review under paragraph an amendment intended to be proposed supra; which was ordered to lie on the table. (1). by him to the bill S. 3414, to enhance

VerDate Mar 15 2010 04:26 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.024 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5740 CONGRESSIONAL RECORD — SENATE July 31, 2012 the security and resiliency of the cyber him to the bill S. 3414, to enhance the security and resiliency of the cyber and and communications infrastructure of security and resiliency of the cyber and communications infrastructure of the the United States; which was ordered communications infrastructure of the United States; which was ordered to lie to lie on the table; as follows: United States; which was ordered to lie on the table; as follows: On page 165, line 21, strike ‘‘of the United on the table; as follows: In lieu of the matter proposed to be in- States, including’’ and all that follows Strike paragraph (10) of section 707(a). serted, insert the following: through line 23 and insert the following: SEC. ll. EMERGENCY AUTHORITY RELATING TO of the United States. SA 2671. Mr. RUBIO submitted an CYBER SECURITY THREATS. (b) ADDITIONAL SENSE OF CONGRESS.— amendment intended to be proposed by Part II of the Federal Power Act (16 U.S.C. (1) FINDINGS.—Congress finds the following: 824 et seq.) is amended by adding at the end (A) Given the importance of the Internet him to the bill S. 3414, to enhance the the following: to the global economy, it is essential that security and resiliency of the cyber and ‘‘SEC. 224. EMERGENCY AUTHORITY RELATING the Internet remain stable, secure, and free communications infrastructure of the TO CYBER SECURITY THREATS. from government control. United States; which was ordered to lie ‘‘(a) DEFINITIONS.—In this section: (B) The world deserves the access to on the table; as follows: ‘‘(1) CRITICAL ELECTRIC INFRASTRUCTURE.— knowledge, services, commerce, and commu- The term ‘critical electric infrastructure’ Beginning on page 124, strike line 7 and all nication, the accompanying benefits to eco- means systems and assets, whether physical that follows through page 128, line 14. nomic development, education, and health or virtual, used for the generation, trans- care, and the informed discussion that is the SA 2672. Mr. BROWN of Massachu- mission, or distribution of electric energy af- bedrock of democratic self-government that fecting interstate commerce that, as deter- the Internet provides. setts submitted an amendment in- mined by the Commission or the Secretary (C) The structure of Internet governance tended to be proposed by him to the (as appropriate), are so vital to the United has profound implications for competition bill S. 3414, to enhance the security and States that the incapacity or destruction of and trade, democratization, free expression, resiliency of the cyber and communica- the systems and assets would have a debili- and access to information. tions infrastructure of the United tating impact on national security, national (D) Countries have obligations to protect States; which was ordered to lie on the economic security, or national public health human rights, which are advanced by online table; as follows: or safety. activity as well as offline activity. ‘‘(2) CYBER SECURITY THREAT.—The term (E) The ability to innovate, develop tech- On page 115, between lines 8 and 9, insert ‘cyber security threat’ means the imminent nical capacity, grasp economic opportuni- the following: danger of an act that disrupts, attempts to ties, and promote freedom of expression on- ‘‘(10) assist the development and dem- disrupt, or poses a significant risk of dis- line is best realized in cooperation with all onstration of technologies designed to in- rupting the operation of programmable elec- stakeholders. crease the security and resiliency of the tronic devices or communications networks (F) Proposals have been put forward for electricity transmission and distribution (including hardware, software, and data) es- consideration at the 2012 World Conference grid; sential to the reliable operation of critical on International Telecommunications that electric infrastructure. would fundamentally alter the governance SA 2673. Mr. DEMINT submitted an ‘‘(3) SECRETARY.—The term ‘Secretary’ and operation of the Internet. amendment intended to be proposed by means the Secretary of Energy. (G) The proposals, in international bodies him to the bill S. 3414, to enhance the ‘‘(b) EMERGENCY AUTHORITY OF SEC- such as the United Nations General Assem- security and resiliency of the cyber and RETARY.— bly, the United Nations Commission on communications infrastructure of the ‘‘(1) IN GENERAL.—If the Secretary deter- mines that immediate action is necessary to Science and Technology for Development, United States; which was ordered to lie and the International Telecommunication protect critical electric infrastructure from Union, would attempt to justify increased on the table; as follows: a cyber security threat, the Secretary may government control over the Internet and At the appropriate place, insert the fol- require, by order, with or without notice, would undermine the current multistake- lowing: persons subject to the jurisdiction of the holder model that has enabled the Internet SEC. lll. CAPPING AND REDUCING THE BAL- Commission to take such actions as the Sec- to flourish and under which the private sec- ANCE SHEET OF THE FEDERAL RE- retary determines will best avert or mitigate tor, civil society, academia, and individual SERVE SYSTEM. the cyber security threat. users play an important role in charting its (a) IN GENERAL.—Notwithstanding any ‘‘(2) COORDINATION WITH CANADA AND MEX- direction. other provision of law, no action may be ICO.—In exercising the authority granted (H) The proposals would diminish the free- taken by the Board of Governors of the Fed- under this subsection, the Secretary is en- dom of expression on the Internet in favor of eral Reserve System or the Federal Open couraged to consult and coordinate with the government control over content. Market Committee on or after the date of appropriate officials in Canada and Mexico (I) The position of the United States Gov- enactment of this Act that would result in responsible for the protection of cyber secu- ernment has been and is to advocate for the the total of the factors affecting reserve bal- rity of the interconnected North American flow of information free from government ances of depository institutions exceeding electricity grid. control. the balance as of July 27, 2012. ‘‘(3) CONSULTATION.—Before exercising the (J) This and past Administrations have (b) SENSE OF CONGRESS.—It is the sense of authority granted under this subsection, to made a strong commitment to the multi- Congress that the Federal Reserve System the extent practicable, taking into account stakeholder model of Internet governance should expeditiously take substantial steps the nature of the threat and urgency of need and the promotion of the global benefits of to reduce the size of its balance sheet to lev- for action, the Secretary shall consult with the Internet. els below those that prevailed prior to the fi- any entity that owns, controls, or operates (2) SENSE OF CONGRESS.—It is the sense of nancial crisis of 2008. critical electric infrastructure and with offi- Congress that the Secretary of State, in con- cials at other Federal agencies, as appro- sultation with the Secretary of Commerce, SA 2674. Mr. DEMINT submitted an priate, regarding implementation of actions should continue working to implement the amendment intended to be proposed by that will effectively address the identified position of the United States on Internet him to the bill S. 3414, to enhance the cyber security threat. governance that clearly articulates the con- security and resiliency of the cyber and ‘‘(4) COST RECOVERY.—The Commission sistent and unequivocal policy of the United shall establish a mechanism that permits communications infrastructure of the public utilities to recover prudently incurred States to promote a global Internet free United States; which was ordered to lie from government control and preserve and costs required to implement immediate ac- advance the successful multistakeholder on the table; as follows: tions ordered by the Secretary under this model that governs the Internet today. At the appropriate place, insert the fol- subsection. lowing: ‘‘(c) DURATION OF EXPEDITED OR EMER- SA 2669. Mr. RUBIO submitted an SEC. ll. REPEAL OF DODD-FRANK ACT. GENCY RULES OR ORDERS.—Any order issued amendment intended to be proposed by The Dodd-Frank Wall Street Reform and by the Secretary under subsection (b) shall him to the bill S. 3414, to enhance the Consumer Protection Act (Public Law 111– remain effective for not more than 90 days unless, during the 90 day-period, the Sec- 203) is repealed, and the provisions of law security and resiliency of the cyber and retary— amended by such Act are revived or restored communications infrastructure of the ‘‘(1) gives interested persons an oppor- as if such Act had not been enacted. United States; which was ordered to lie tunity to submit written data, views, or ar- on the table; as follows: SA 2675. Ms. MURKOWSKI submitted guments; and Beginning on page 154, strike line 9 and all ‘‘(2) affirms, amends, or repeals the rule or that follows through page 156, line 13. an amendment intended to be proposed order.’’. to amendment SA 2645 submitted by SA 2670. Mr. RUBIO submitted an Mr. BINGAMAN and intended to be pro- SA 2676. Ms. MURKOWSKI submitted amendment intended to be proposed by posed to the bill S. 3414, to enhance the an amendment intended to be proposed

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.027 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5741 by her to the bill S. 3414, to enhance fend, or reduce the vulnerabilities of an in- (iii)(I) personnel working at headquarters; the security and resiliency of the cyber formation system, or otherwise enhance in- and and communications infrastructure of formation security or the resiliency of infor- (II) personnel working in the field; and the United States; which was ordered mation systems or assets. (iv)(I) personnel with specialized training ‘‘(18) RESPOND AND RESPONSE.—The terms and duties relating to national cybersecu- to lie on the table; as follows: ‘respond’ and ‘response’ in relation to cyber- rity; and Beginning on page 153, strike line 15 and security threats, vulnerabilities, or incidents (II) personnel with general technical train- all that follows through page 154, line 8, and do not include directing cybersecurity threat ing; insert the following: and incident law enforcement investigations (D) identify areas in which the level and SEC. 414. REPORT ON PROTECTING THE ELEC- or prosecutions. structure of current resources is inadequate TRICAL GRID OF THE UNITED On page 95, line 10, strike ‘‘security’’ and for any covered law enforcement agency to STATES. insert ‘‘protection’’. perform the mission of that agency; (a) IN GENERAL.—Not later than 180 days On page 99, after line 25, insert the fol- (E) identify the optimal level of resources after the date of enactment of this Act, the lowing: that would enable each covered law enforce- Secretary of Energy, in consultation with ‘‘(m) LAW ENFORCEMENT AND INTELLIGENCE ment agency to perform the mission of that the Federal Energy Regulatory Commission, AUTHORITIES.—Nothing in this section shall agency most effectively without unnecessary the Secretary, the Director of National In- be construed to alter or amend the law en- government waste; telligence, and the electric sector coordi- forcement or intelligence authorities of any (F) identify the optimal structure of the nating council shall submit to Congress a re- Federal agency. cybersecurity and cybercrime resources of port on— Mr. WHITEHOUSE (for him- each covered law enforcement agency, con- (1) the threat of a cyber attack disrupting SA 2679. sidering existing models within— the electrical grid of the United States; self and Ms. MIKULSKI) submitted an (i) the Department of Justice, including (2) the existing standards, alerts, and miti- amendment intended to be proposed by task forces and strike forces; and gation strategies in place; him to the bill S. 3414, to enhance the (ii) agencies such as the Drug Enforcement (3) the implications for the national secu- security and resiliency of the cyber and Administration and the Bureau of Alcohol, rity of the United States if the electrical communications infrastructure of the Tobacco, Firearms, and Explosives; and grid is disrupted; (G) evaluate the future or developing needs (4)(A) the interdependency of critical infra- United States; which was ordered to lie on the table; as follows: of each covered law enforcement agency, in- structures; and cluding the resources that the agency will At the end of title IV, add the following: (B) the options available to the United need to perform the mission of that agency States and private sector entities to recon- SEC. 416. REPORT ON FEDERAL LAW ENFORCE- in the future. MENT CYBERSECURITY AND stitute— (3) TIMING.—The contract entered into (i) as soon as practicable after the disrup- CYBERCRIME RESOURCES. (a) DEFINITIONS.—In this section— under paragraph (1) shall require that the re- tion, electrical service to provide for the na- port described in this subsection be sub- tional security of the United States; and (1) the term ‘‘covered law enforcement agency’’ means each law enforcement com- mitted not later than 1 year after the date of (ii) within a reasonable time frame after enactment of this Act. the disruption, all electrical service within ponent of— the United States; and (A) the Department of Justice; and Mr. WYDEN submitted an (B) the Department of Homeland Security; SA 2680. (5) a plan, building on existing efforts, to amendment intended to be proposed by prevent disruption of the electric grid of the and (2) the term ‘‘mission’’ means the portion him to the bill S. 3414, to enhance the United States caused by a cyber attack. security and resiliency of the cyber and (b) REQUIREMENTS.—In preparing the report of a cybersecurity mission that encompasses under subsection (a), the Secretary of En- law enforcement and intelligence activities. communications infrastructure of the ergy shall use any existing studies or reports (b) REPORT.— United States; which was ordered to lie to avoid duplication of effort. (1) IN GENERAL.—The Attorney General on the table; as follows: shall enter into a contract with the National At the end of title VI, insert the following: Research Council, or another federally fund- SA 2677. Mr. WHITEHOUSE (for him- SEC. 606. RULE OF CONSTRUCTION. ed research and development corporation, self and Ms. MIKULSKI) submitted an Nothing in this Act may be construed as under which the National Research Council amendment intended to be proposed by authorizing the President to enter the or other corporation shall submit to Con- him to the bill S. 3414, to enhance the United States into a treaty or binding inter- gress a report on the current and optimal national agreement on cybersecurity unless security and resiliency of the cyber and level and structure of cybersecurity and communications infrastructure of the such treaty or agreement is approved with cybercrime resources of each covered law en- the advice and consent of the Senate pursu- United States; which was ordered to lie forcement agency. ant to Article II, section 2, clause 2 of the on the table; as follows: (2) CONTENTS.—The report described in Constitution. On page 166, line 19, strike ‘‘coordinate’’ paragraph (1) shall— and insert ‘‘collaborate’’. (A) identify the elements of the mission of SA 2681. Mr. WYDEN submitted an On page 166, line 23, strike ‘‘to develop’’ each covered law enforcement agency; amendment intended to be proposed by and insert ‘‘on’’. (B) describe the challenges involved in the him to the bill S. 3414, to enhance the On page 166, beginning on line 24, strike mission of each covered law enforcement agency, including— security and resiliency of the cyber and ‘‘cyberspace, cybersecurity, and cybercrime communications infrastructure of the issues’’ and insert ‘‘cyber issues’’. (i) any challenges in cybercrime prosecu- On page 167, line 11, after ‘‘State’’ insert tions, such as the need for advanced United States; which was ordered to lie ‘‘and the Attorney General’’. forensics expertise and resources; on the table; as follows: On page 168, line 15, after ‘‘State’’ insert (ii) the complexity of relevant Federal Beginning on page 46, strike line 6 and all ‘‘and the Attorney General’’. laws, State laws, international laws, and that follows through page 57, line 3, and in- On page 168, line 17, after ‘‘State’’ insert treaty obligations of the United States; sert the following: ‘‘and the Attorney General’’. (iii) the need to coordinate with members ‘‘(4) provide a mechanism to improve and of the intelligence community; continuously monitor the security of agency SA 2678. Mr. WHITEHOUSE (for him- (iv) the need to protect classified or sen- information security programs and systems, self and Ms. MIKULSKI) submitted an sitive information while abiding by relevant subject to the protection of the privacy of in- amendment intended to be proposed by law regarding the disclosure of exculpatory dividual or customer-specific data, through a him to the bill S. 3414, to enhance the evidence and other discoverable information focus on continuous monitoring of agency in- security and resiliency of the cyber and to a criminal defendant; and formation systems and streamlined report- (v) any other challenges that the report communications infrastructure of the ing requirements rather than overly pre- may identify; scriptive manual reporting. United States; which was ordered to lie (C) identify the current resources brought ‘‘SEC. 3552. DEFINITIONS. on the table; as follows: to bear by each covered law enforcement ‘‘(a) IN GENERAL.—Except as provided On page 91, between lines 12 and 13, insert agency in pursuing the mission of that agen- under subsection (b), the definitions under the following: cy, differentiating between— section 3502 (including the definitions of the ‘‘(16) PROTECT.—The term ‘protect’ means (i)(I) personnel who focus exclusively on terms ‘agency’ and ‘information system’) the action of securing, defending, or reducing supporting the mission; and shall apply to this subchapter. the vulnerabilities of an information system, (II) personnel who hold multiple or com- ‘‘(b) OTHER TERMS.—In this subchapter: or otherwise enhancing information security peting responsibilities; ‘‘(1) ADEQUATE SECURITY.—The term ‘ade- or the resiliency of information systems or (ii)(I) operational personnel; and quate security’ means security commensu- assets. (II) personnel who hold primarily manage- rate with the risk and impact resulting from ‘‘(17) PROTECTION.—The term ‘protection’ ment, policy making, or support responsibil- the unauthorized access to or loss, misuse, means the actions undertaken to secure, de- ities; destruction, or modification of information.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.029 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5742 CONGRESSIONAL RECORD — SENATE July 31, 2012

‘‘(2) CONTINUOUS MONITORING.—The term ‘‘(B) EXCLUSION.—Subparagraph (A)(i)(V) nologies and capabilities for use across mul- ‘continuous monitoring’ means the ongoing does not include a system that is to be used tiple agencies; real time or near real time process used to for routine administrative and business ap- ‘‘(6) designate an entity to receive reports determine if the complete set of planned, re- plications (including payroll, finance, logis- and information about information security quired, and deployed security controls with- tics, and personnel management applica- incidents, threats, and vulnerabilities affect- in an agency information system continue to tions). ing agency information systems; be effective over time in light of rapidly ‘‘(8) SECRETARY.—The term ‘Secretary’ ‘‘(7) provide incident detection, analysis, changing information technology and threat means the Secretary of Homeland Security. mitigation, and response information and re- development. To the maximum extent pos- ‘‘SEC. 3553. FEDERAL INFORMATION SECURITY mote or on-site technical assistance to the sible, subject to the protection of the privacy AUTHORITY AND COORDINATION. heads of agencies; of individual or customer-specific data, this ‘‘(a) IN GENERAL.—Except as provided in ‘‘(8) coordinate with appropriate agencies also requires automation of that process to subsections (f) and (g), the Secretary shall and officials to ensure, to the maximum ex- enable cost effective, efficient, and con- oversee agency information security policies tent feasible, that policies and directives sistent monitoring and provide a more dy- and practices, including the development issued under paragraph (1) are complemen- namic view of the security state of those de- and oversight of information security poli- tary with— ployed controls. cies and directives and compliance with this ‘‘(A) standards and guidelines developed for ‘‘(3) COUNTERMEASURE.—The term ‘counter- subchapter. national security systems; and measure’ means automated or manual ac- ‘‘(b) DUTIES.—The Secretary shall— ‘‘(B) policies and directives issues by the tions with defensive intent to modify or ‘‘(1) develop, issue, and oversee the imple- Secretary of Defense, Director of the Central block data packets associated with elec- mentation of information security policies Intelligence Agency, and Director of Na- tronic or wire communications, Internet and directives, which shall be compulsory tional Intelligence under subsection (g)(1); traffic, program code, or other system traffic and binding on agencies to the extent deter- ‘‘(9) not later than March 1 of each year, transiting to or from or stored on an infor- mined appropriate by the Secretary, includ- submit to Congress a report on agency com- mation system for the purpose of protecting ing— pliance with the requirements of this sub- the information system from cybersecurity chapter, which shall include— threats, conducted on an information system ‘‘(A) policies and directives consistent with the standards promulgated under section ‘‘(A) a summary of the incidents described owned or operated by or on behalf of the by the reports required in section 3554(c); party to be protected or operated by a pri- 11331 of title 40 to identify and provide infor- mation security protections that are com- ‘‘(B) a summary of the results of assess- vate entity acting as a provider of electronic ments required by section 3555; communication services, remote computing mensurate with the risk and impact result- ing from the unauthorized access, use, dis- ‘‘(C) a summary of the results of evalua- services, or cybersecurity services to the tions required by section 3556; party to be protected. closure, disruption, modification, or destruc- tion of— ‘‘(D) significant deficiencies in agency in- ‘‘(4) INCIDENT.—The term ‘incident’ means formation security practices as identified in an occurrence that— ‘‘(i) information collected, created, proc- essed, stored, disseminated, or otherwise the reports, assessments, and evaluations re- ‘‘(A) actually or imminently jeopardizes, ferred to in subparagraphs (A), (B), and (C), without lawful authority, the integrity, con- used or maintained by or on behalf of an or otherwise; and fidentiality, or availability of agency infor- agency; or ‘‘(E) planned remedial action to address mation or an agency information system; or ‘‘(ii) information systems used or operated any deficiencies identified under subpara- ‘‘(B) constitutes a violation or imminent by an agency or by a contractor of an agency graph (D); and threat of violation of law, security policies, or other organization, such as a State gov- ‘‘(10) with respect to continuous moni- security procedures, or acceptable use poli- ernment entity, on behalf of an agency; toring reporting, allow operators of agency cies. ‘‘(B) minimum operational requirements information systems to use processes that ‘‘(5) INFORMATION SECURITY.—The term ‘in- for network operations centers and security will protect the privacy of individual or non- formation security’ means protecting agency operations centers of agencies to facilitate government customer specific data. information and information systems from the protection of and provide common situa- unauthorized access, use, disclosure, disrup- tional awareness for all agency information ‘‘(c) ISSUING POLICIES AND DIRECTIVES.— tion, modification, or destruction in order to and information systems; When issuing policies and directives under provide— ‘‘(C) reporting requirements, consistent subsection (b), the Secretary shall consider ‘‘(A) integrity, which means guarding with relevant law, regarding information se- any applicable standards or guidelines devel- against improper information modification curity incidents; oped by the National Institute of Standards or destruction, and includes ensuring non- ‘‘(D) requirements for agencywide informa- and Technology and issued by the Secretary repudiation and authenticity; tion security programs, including continuous of Commerce under section 11331 of title 40. ‘‘(B) confidentiality, which means pre- monitoring of agency information systems; The Secretary shall consult with the Direc- serving authorized restrictions on access and ‘‘(E) performance requirements and tor of the National Institute of Standards disclosure, including means for protecting metrics for the security of agency informa- and Technology when such policies and di- personal privacy and proprietary informa- tion systems; rectives implement standards or guidelines ‘‘(F) training requirements to ensure that tion; and developed by National Institute of Standards agencies are able to fully and timely comply ‘‘(C) availability, which means ensuring and Technology. To the maximum extent timely and reliable access to and use of in- with directions issued by the Secretary feasible, such standards and guidelines shall formation. under this subchapter; be complementary with standards and guide- ‘‘(6) INFORMATION TECHNOLOGY.—The term ‘‘(G) training requirements regarding pri- lines developed for national security sys- ‘information technology’ has the meaning vacy, civil rights, civil liberties, and infor- given that term in section 11101 of title 40. mation oversight for agency information se- tems. ‘‘(7) NATIONAL SECURITY SYSTEM.— curity employees; ‘‘(d) COMMUNICATIONS AND SYSTEM TRAF- ‘‘(A) IN GENERAL.—The term ‘national secu- ‘‘(H) requirements for the annual reports FIC.— rity system’ means any information system to the Secretary under section 3554(c); and ‘‘(1) IN GENERAL.—Notwithstanding any (including any telecommunications system) ‘‘(I) any other information security re- other provision of law, in carrying out the used or operated by an agency or by a con- quirements as determined by the Secretary; responsibilities under paragraphs (3) and (4) tractor of an agency, or other organization ‘‘(2) review agency information security of subsection (b), if the Secretary makes a on behalf of an agency— programs required to be developed under sec- certification described in paragraph (2), the ‘‘(i) the function, operation, or use of tion 3554(b); Secretary may acquire, intercept, retain, which— ‘‘(3) develop and conduct targeted risk as- use, and disclose communications and other ‘‘(I) involves intelligence activities; sessments and operational evaluations for system traffic that are transiting to or from ‘‘(II) involves cryptologic activities related agency information and information systems or stored on agency information systems and to national security; in consultation with the heads of other agen- deploy countermeasures with regard to the ‘‘(III) involves command and control of cies or governmental and private entities communications and system traffic, unless military forces; that own and operate such systems, that the head of an agency determines within a ‘‘(IV) involves equipment that is an inte- may include threat, vulnerability, and im- reasonable time, and reports to the Presi- gral part of a weapon or weapons system; or pact assessments and penetration testing; dent, that such acquisition, interception, re- ‘‘(V) subject to subparagraph (B), is crit- ‘‘(4) operate consolidated intrusion detec- tention, use, or disclosure is contrary to the ical to the direct fulfillment of military or tion, prevention, or other protective capa- public interest and would seriously under- intelligence missions; or bilities and use associated countermeasures mine important agency goals, activities, or ‘‘(ii) that is protected at all times by pro- for the purpose of protecting agency infor- programs. cedures established for information that mation and information systems from infor- ‘‘(2) CERTIFICATION.—A certification de- have been specifically authorized under cri- mation security threats; scribed in this paragraph is a certification by teria established by an Executive order or an ‘‘(5) in conjunction with other agencies and the Secretary that— Act of Congress to be kept classified in the the private sector, assess and foster the de- ‘‘(A) the acquisitions, interceptions, and interest of national defense or foreign policy. velopment of information security tech- countermeasures are reasonably necessary

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.030 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5743 for the purpose of protecting agency infor- At the end of title V, add the following: (3) The law cuts more than one-half trillion mation systems from information security SEC. 503. DEPARTMENT OF DEFENSE PROVISION dollars in Medicare and uses the funds to cre- threats; FOR THE COMMON DEFENSE OF ate a new entitlement program rather than ‘‘(B) the content of communications will be FEDERAL INFORMATION INFRA- to protect and strengthen the Medicare pro- collected and retained only when the com- STRUCTURE IN FEDERAL CYBER gram. Actuaries at the Centers for Medicare munication is associated with a known or EMERGENCIES. & Medicaid Services (CMS) warn that the reasonably suspected information security (a) AUTHORITY FOR PRESIDENT TO DIRECT.— Medicare cuts contained in the law are so threat, and communications and system The President shall have the authority to di- drastic that ‘‘providers might end their par- traffic will not be subject to the operation of rect the Department of Defense to provide ticipation in the program (possibly jeopard- a countermeasure unless associated with the for the common defense of Federal informa- izing access to care for beneficiaries)’’. CBO threats; tion infrastructure in the event of a Federal cautioned that the Medicare cuts ‘‘might be ‘‘(C) information obtained under activities cyber emergency. difficult to sustain over a long period of authorized under this subsection will only be (b) FEDERAL CYBER EMERGENCY.—For pur- time’’. According to the CMS actuaries, 7.4 retained, used, or disclosed to protect agency poses of this section, a Federal cyber emer- million Medicare beneficiaries who would information systems from information secu- gency is an incident that threatens the via- have been enrolled in a Medicare Advantage rity threats, mitigate against such threats, bility of Federal information infrastructure plan in 2017 will lose access to their plan be- or, with the approval of the Attorney Gen- necessary for maintaining critical Federal cause the law cuts $206 billion in payments eral, for law enforcement purposes when— government functions or operations. to Medicare Advantage plans. The Trustees ‘‘(i) the information is evidence of a cyber- (c) SCOPE.—The authorities exercised by of the Medicare Trust Funds predict that the security crime that has been, is being, or is the Department of Defense pursuant to sub- law will result in a substantial decline in about to be committed; and section (a) may, as directed by the President employer-sponsored retiree drug coverage, under that subsection, including the authori- and 90 percent of seniors will no longer have SA 2682. Mr. COBURN submitted an ties in section 3553 of title 44, United States access to retiree drug coverage by 2016 as a amendment intended to be proposed by Code (as amended by section 201 of this Act). result of the law. him to the bill S. 3414, to enhance the (d) DURATION OF AUTHORITY.—Any direc- (4) The law creates a 15-member, unelected security and resiliency of the cyber and tion of the Department of Defense to provide Independent Payment Advisory Board that is communications infrastructure of the for the common defense of Federal informa- empowered to make binding decisions re- tion infrastructure in the event of a Federal garding what treatments Medicare will cover United States; which was ordered to lie cyber emergency under subsection (a) shall and how much Medicare will pay for treat- on the table; as follows: be for such period, not to exceed seven days, ments solely to cut spending, restricting ac- At the appropriate place, insert the fol- as the President shall direct under that sub- cess to health care for seniors. lowing: section. (5) The law and the more than 13,000 pages SEC. ll. ANNUAL REPORT ON FOREIGN GOV- (e) NOTICE TO CONGRESS.—The President of related regulations issued before July 11, ERNMENT SPONSORS OF ECONOMIC shall notify Congress immediately upon di- 2012, are causing great uncertainty, slowing OR INDUSTRIAL ESPIONAGE. recting the Department of Defense to provide economic growth, and limiting hiring oppor- (a) IN GENERAL.—Subject to subsection (c), for the common defense of Federal informa- tunities for the approximately 13 million not later than 180 days after the date of en- tion infrastructure under subsection (a), and Americans searching for work. Imposing actment of this Act, and annually thereafter, shall provide daily updates to Congress higher costs on businesses will lead to lower the National Counterintelligence Executive thereafter until the authority to provide for wages, fewer workers, or both. shall submit to Congress, the President, the such defense expires. (6) The law imposes 21 new or higher taxes National Security Council, the Secretary of (f) CONSTRUCTION.—Nothing in this section on American families and businesses, includ- State, the Secretary of Defense, the Sec- shall be construed to grant the Department ing 12 taxes on families making less than retary of the Treasury, and the Secretary of of Defense authority, jurisdiction, or control $250,000 a year. Commerce— over any non-Federal information infra- (7) While President Obama promised that (1) an unclassified report that contains a structure. nothing in the law would fund elective abor- list of foreign governments that the National tion, the law expands the role of the Federal Counterintelligence Executive determines SA 2684. Mr. MCCONNELL submitted Government in funding and facilitating abor- engage in, sponsor, or condone economic or tion and plans that cover abortion. The law industrial espionage against United States an amendment intended to be proposed by him to the bill S. 3414, to enhance appropriates billions of dollars in new fund- businesses or other persons; and ing without explicitly prohibiting the use of (2) a classified report that includes— the security and resiliency of the cyber these funds for abortion, and it provides Fed- (A) the report submitted under paragraph and communications infrastructure of eral subsidies for health plans covering elec- (1); and the United States; which was ordered tive abortions. Moreover, the law effectively (B) the information upon which the deter- to lie on the table; as follows: forces millions of individuals to personally minations of the National Counterintel- At the end, add the following: pay a separate abortion premium in viola- ligence Executive under paragraph (1) are tion of their sincerely held religious, ethical, based. TITLE l—REPEAL OF OBAMACARE or moral beliefs. (b) INFORMATION.—In preparing a report SEC. ll. REPEAL OF OBAMACARE. (8) Until enactment of the law, the Federal under subsection (a), the National Counter- (a) FINDINGS.—Congress finds the following Government has not sought to impose spe- intelligence Executive shall rely primarily with respect to the impact of Public Law cific coverage or care requirements that in- on information available to the United 111–148 and related provisions of Public Law fringe on the rights of conscience of insurers, States Government. 111–152 (collectively referred to in this sec- purchasers of insurance, plan sponsors, bene- (c) REVIEW BY SECRETARY OF STATE.— tion as ‘‘the law’’): ficiaries, and other stakeholders, such as in- (1) SUBMISSION OF REPORT FOR REVIEW.—Not (1) President Obama promised the Amer- dividual or institutional health care pro- later than 30 days before the date on which ican people that if they liked their current viders. The law creates a new nationwide re- the National Counterintelligence Executive health coverage, they could keep it. But even quirement for health plans to cover ‘‘essen- submits a report required under subsection the Obama Administration admits that tens tial health benefits’’ and ‘‘preventive serv- (a), the National Counterintelligence Execu- of millions of Americans are at risk of losing ices’’, but does not allow stakeholders to opt tive shall submit the report to the Secretary their health care coverage, including as out of covering items or services to which of State. many as 8 in 10 plans offered by small busi- they have a religious or moral objection, in (2) FEEDBACK.—The Secretary of State may nesses. violation of the Religious Freedom Restora- provide feedback to the National Counter- (2) Despite projected spending of more than tion Act (Public Law 103–141). By creating intelligence Executive with respect to a re- two trillion dollars over the next 10 years, new barriers to health insurance and causing port submitted to the Secretary of State cutting Medicare by more than one-half tril- the loss of existing insurance arrangements, under paragraph (1). lion dollars over that period, and increasing these inflexible mandates jeopardize the (3) DELAY.—Upon the request of the Sec- taxes by over $800 billion dollars over that ability of institutions and individuals to ex- retary of State, the National Counterintel- period, the law does not lower health care ercise their rights of conscience and their ligence Executive shall delay the submission costs. In fact, the law actually makes cov- ability to freely participate in the health in- of a report under subsection (a) for a period erage more expensive for millions of Ameri- surance and health care marketplace. of not more than 60 days. cans. The average American family already (9) The law expands government control SA 2683. Mr. COBURN submitted an paid a premium increase of approximately over health care, adds trillions of dollars to amendment intended to be proposed by $1,200 in the year following passage of the existing liabilities, drives costs up even fur- law. The Congressional Budget Office (CBO) ther, and too often put Federal bureaucrats, him to the bill S. 3414, to enhance the predicts that health insurance premiums for instead of doctors and patients, in charge of security and resiliency of the cyber and individuals buying private health coverage health care decisionmaking. communications infrastructure of the on their own will increase by $2,100 in 2016 (10) The path to patient-centered care and United States; which was ordered to lie compared to what the premiums would have lower costs for all Americans must begin on the table; as follows: been in 2016 if the law had not passed. with a full repeal of the law.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.030 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5744 CONGRESSIONAL RECORD — SENATE July 31, 2012 (b) REPEAL.— (4) Another report published by CSIS, enti- States; which was ordered to lie on the (1) PPACA.—Effective as of the enactment tled ‘‘Cybersecurity Two Years Later’’, noted table; as follows: of Public Law 111–148, such Act (other than that ‘‘there has been slow progress in chang- At the end, add the following: subsection (d) of section 1899A of the Social ing the situation from where we were two Security Act, as added and amended by sec- years ago’’. TITLE VIII—GEOLOCATION INFORMATION tions 3403 and 10320 of such Public Law) is re- (b) SENSE OF CONGRESS.—It is the sense of SEC. 801. SHORT TITLES. pealed, and the provisions of law amended or Congress that, recognizing that the United This title may be cited as the repealed by such Act (other than such sub- States is currently facing a human capital ‘‘Geolocational Privacy and Surveillance section (d)) are restored or revived as if such crisis in cybersecurity, the President Act’’ or the ‘‘GPS Act’’. Act had not been enacted. should— SEC. 802. PROTECTION OF GEOLOCATION INFOR- (2) HEALTH CARE-RELATED PROVISIONS IN (1) develop model standards, in coordina- MATION. THE HEALTH CARE AND EDUCATION RECONCILI- tion with any existing standards, for non- (a) IN GENERAL.—Part 1 of title 18, United ATION ACT OF 2010.—Effective as of the enact- profit institutions that provide training pro- States Code, is amended by inserting after ment of the Health Care and Education Rec- grams to develop advanced technical pro- chapter 119 the following: onciliation Act of 2010 (Public Law 111–152), ficiency for individuals seeking careers in ‘‘CHAPTER 120—GEOLOCATION title I and subtitle B of title II of such Act computer network defense; INFORMATION are repealed, and the provisions of law (2) emphasize experiential learning and the amended or repealed by such title or sub- opportunity to take on significant real-world ‘‘Sec. title, respectively, are restored or revived as casework as essential parts of training and ‘‘2601. Definitions. if such title and subtitle had not been en- development programs for cybersecurity pro- ‘‘2602. Interception and disclosure of acted. fessions; geolocation information. SEC. ll. BUDGETARY EFFECTS OF THIS ACT. (3) recognize institutions which develop ad- ‘‘2603. Prohibition of use as evidence of ac- The budgetary effects of this Act, for the vanced technical proficiency and provide quired geolocation information. purpose of complying with the Statutory real-world casework for individuals seeking ‘‘2604. Emergency situation exception. Pay-As-You-Go Act of 2010, shall be deter- careers in computer network defense as ex- ‘‘2605. Recovery of civil damages authorized. mined by reference to the latest statement amples of excellence in specialized cyberse- ‘‘§ 2601. Definitions titled ‘‘Budgetary Effects of PAYGO Legisla- curity training; ‘‘In this chapter: tion’’ for this Act, submitted for printing in (4) employ resources to support nonprofit ‘‘(1) COVERED SERVICE.—The term ‘covered the Congressional Record by the Chairman of institutions to expand the cybersecurity service’ means an electronic communication the Senate Budget Committee, provided that human capital capacity of the United States, service, a geolocation information service, or such statement has been submitted prior to particularly by supporting or establishing a remote computing service. the vote on passage. education and training programs which— ‘‘(2) ELECTRONIC COMMUNICATION SERVICE.— (A) demonstrate current and projected The term ‘electronic communication service’ SA 2685. Mrs. GILLIBRAND sub- caseload of sufficient, important system and has the meaning given that term in section mitted an amendment intended to be network defense activity to provide real- 2510. world training opportunities for trainees, proposed by her to the bill S. 3414, to ‘‘(3) ELECTRONIC SURVEILLANCE.—The term enhance the security and resiliency of with a heavy emphasis on real-life, hands-on, ‘electronic surveillance’ has the meaning high-level cybersecurity work; given that term in section 101 of the Foreign the cyber and communications infra- (B) demonstrate practical computer net- structure of the United States; which Intelligence Surveillance Act of 1978 (50 work defense skills and up-to-date cyberse- U.S.C. 1801). was ordered to lie on the table; as fol- curity experience of the senior staff pro- ‘‘(4) GEOLOCATION INFORMATION.—The term lows: posing to lead the education and training ‘geolocation information’ means, with re- On page 110, lines 17 and 18, after ‘‘research programs; spect to a person, any information, that is laboratories’’ insert the following: ‘‘(includ- (C) demonstrate access to hands-on train- not the content of a communication, con- ing the defense laboratories (as defined in ing programs in the most up-to-date com- cerning the location of a wireless commu- section 2199 of title 10, United States Code) puter network defense technologies and tech- nication device or tracking device (as that and the national laboratories of the Depart- niques; and term is defined section 3117) that, in whole or ment of Energy)’’. (D) collaborate with the Federal Govern- in part, is generated by or derived from the ment and private sector companies in the operation of that device and that could be SA 2686. Mrs. GILLIBRAND (for her- United States in such programs; and used to determine or infer information re- self and Mr. BENNET) submitted an (5) establish a program recognizing citizens garding the location of the person. amendment intended to be proposed by who have demonstrated outstanding leader- ‘‘(5) GEOLOCATION INFORMATION SERVICE.— her to the bill S. 3414, to enhance the ship and service as mentors in the field of cy- The term ‘geolocation information service’ bersecurity. security and resiliency of the cyber and means the provision of a global positioning service or other mapping, locational, or di- communications infrastructure of the SA 2687. Mrs. GILLIBRAND sub- United States; which was ordered to lie rectional information service to the public, mitted an amendment intended to be or to such class of users as to be effectively on the table; as follows: proposed by her to the bill S. 3414, to available to the public, by or through the op- At the end of title IV, insert the following: enhance the security and resiliency of eration of any wireless communication de- SEC. 416. SENSE OF CONGRESS. the cyber and communications infra- vice, including any mobile telephone, global (a) FINDINGS.—Congress finds the fol- structure of the United States; which positioning system receiving device, mobile lowing: was ordered to lie on the table; as fol- computer, or other similar or successor de- (1) A report from the Bipartisan Policy lows: vice. Center’s Cyber Security Task Force, pub- ‘‘(6) INTERCEPT.—The term ‘intercept’ lished in July 2012, found that— At the end of section 301, add the fol- means the acquisition of geolocation infor- (A) 50,000 cyber attacks were reported to lowing: mation through the use of any electronic, (i) COORDINATION WITH DEPARTMENT OF DE- the Department of Homeland Security be- mechanical, or other device. FENSE AND DEPARTMENT OF ENERGY LABORA- tween October 2011 and February 2012; and ‘‘(7) INVESTIGATIVE OR LAW ENFORCEMENT TORIES.—It is the sense of Congress that to (B) 86 of the attacks described in subpara- OFFICER.—The term ‘investigative or law en- avoid duplication of Federal efforts in devel- graph (A) took place on critical infrastruc- forcement officer’ means any officer of the oping and executing a national cybersecurity ture networks. United States or of a State or political sub- research and development plan, the Director (2) The report of the Commission on Cyber- division thereof, who is empowered by law to should ensure that coordination with other security for the 44th President from the Cen- conduct investigations of, or to make arrests research initiatives under subsection (e) in- ter for Strategic and International Studies for, offenses enumerated in this chapter, and cludes coordination with the defense labora- (referred to in this subsection as ‘‘CSIS’’), any attorney authorized by law to prosecute tories (as defined in section 2199 of title 10, published in November 2010, concluded that or participate in the prosecution of such of- United States Code) and the national labora- the United States is facing an imminent cri- fenses. tories of the Department of Energy that are sis in cybersecurity human capital. ‘‘(8) PERSON.—The term ‘person’ means any addressing challenges similar to the chal- (3) The November 2010 CSIS report cited employee or agent of the United States, or lenges described in subsection (b). another CSIS report, entitled ‘‘A Human any State or political subdivision thereof, Capital Crisis in Cybersecurity’’, which esti- SA 2688. Mr. WYDEN (for himself and and any individual, partnership, association, mated that 1,000 specialists who had the spe- joint stock company, trust, or corporation. Mr. KIRK) submitted an amendment in- cialized cybersecurity skills needed to defend ‘‘(9) REMOTE COMPUTING SERVICE.—The the United States effectively in cyberspace tended to be proposed by him to the term ‘remote computing service’ has the existed in the United States, but the number bill S. 3414, to enhance the security and meaning given that term in section 2711. of cybersecurity specialists needed that year resiliency of the cyber and communica- ‘‘(10) STATE.—The term ‘State’ means any was between 10,000 and 30,000. tions infrastructure of the United State of the United States, the District of

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.031 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5745

Columbia, the Commonwealth of Puerto prior consent to such interception unless ‘‘(2) EXCEPTIONS.—A person providing a Rico, and any territory or possession of the such information is intercepted for the pur- covered service may divulge geolocation in- United States. pose of committing any criminal or tortious formation— ‘‘(11) WIRELESS COMMUNICATION DEVICE.— act in violation of the Constitution or laws ‘‘(A) as otherwise authorized in subsections The term ‘wireless communication device’ of the United States or of any State. (b) through (h); means any device that enables access to, or ‘‘(2) CHILDREN.—The exception in para- ‘‘(B) with the lawful consent of such other use of, an electronic communication system graph (1) permits a parent or legal guardian person; or service or a covered service, if that device of a child to intercept geolocation informa- ‘‘(C) to another person employed or author- utilizes a radio or other wireless connection tion pertaining to that child or to give con- ized, or whose facilities are used, to forward to access such system or service. sent for another person to intercept such in- such geolocation information to its destina- ‘‘§ 2602. Interception and disclosure of formation. tion; or ‘‘(e) EXCEPTION FOR PUBLIC INFORMATION.— geolocation information ‘‘(D) which was inadvertently obtained by It shall not be unlawful under this chapter the provider of the covered service and which ‘‘(a) IN GENERAL.— for any person to intercept or access appears to pertain to the commission of a ‘‘(1) PROHIBITION ON DISCLOSURE OR USE.— geolocation information relating to another Except as otherwise specifically provided in crime, if such divulgence is made to a law person through any system that is config- enforcement agency. this chapter, it shall be unlawful for any per- ured so that such information is readily ac- son to— cessible to the general public. ‘‘§ 2603. Prohibition of use as evidence of ac- ‘‘(A) intentionally intercept, endeavor to ‘‘(f) EXCEPTION FOR EMERGENCY INFORMA- quired geolocation information intercept, or procure any other person to TION.—It shall not be unlawful under this ‘‘Whenever any geolocation information intercept or endeavor to intercept, chapter for any investigative or law enforce- has been acquired, no part of such informa- geolocation information pertaining to an- ment officer or other emergency responder tion and no evidence derived therefrom may other person; to intercept or access geolocation informa- be received in evidence in any trial, hearing, ‘‘(B) intentionally disclose, or endeavor to tion relating to a person if such information or other proceeding in or before any court, disclose, to any other person geolocation in- is used— grand jury, department, officer, agency, reg- formation pertaining to another person, ‘‘(1) to respond to a request made by such ulatory body, legislative committee, or knowing or having reason to know that the person for assistance; or other authority of the United States, a information was obtained through the inter- ‘‘(2) in circumstances in which it is reason- State, or a political subdivision thereof if ception of such information in violation of able to believe that the life or safety of the the disclosure of that information would be this paragraph; person is threatened, to assist the person. in violation of this chapter. ‘‘(C) intentionally use, or endeavor to use, ‘‘(g) EXCEPTION FOR THEFT OR FRAUD.—It ‘‘§ 2604. Emergency situation exception any geolocation information, knowing or shall not be unlawful under this chapter for ‘‘(a) EMERGENCY SITUATION EXCEPTION.— having reason to know that the information a person acting under color of law to inter- Notwithstanding any other provision of this was obtained through the interception of cept geolocation information pertaining to chapter, any investigative or law enforce- such information in violation of this para- the location of another person who has un- ment officer, specially designated by the At- graph; or lawfully taken the device sending the torney General, the Deputy Attorney Gen- ‘‘(D)(i) intentionally disclose, or endeavor geolocation information if— eral, the Associate Attorney General, or by to disclose, to any other person the ‘‘(1) the owner or operator of such device the principal prosecuting attorney of any geolocation information pertaining to an- authorizes the interception of the person’s State or subdivision thereof acting pursuant other person intercepted by means author- geolocation information; to a statute of that State, may intercept ized by subsections (b) through (h), except as ‘‘(2) the person acting under color of law is geolocation information if— provided in such subsections; lawfully engaged in an investigation; and ‘‘(1) such officer reasonably determines ‘‘(ii) knowing or having reason to know ‘‘(3) the person acting under color of law that an emergency situation exists that— that the information was obtained through has reasonable grounds to believe that the ‘‘(A) involves— geolocation information of the other person the interception of such information in con- ‘‘(i) immediate danger of death or serious will be relevant to the investigation. nection with a criminal investigation; physical injury to any person; ‘‘(h) EXCEPTION FOR WARRANT.— ‘‘(iii) having obtained or received the infor- ‘‘(ii) conspiratorial activities threatening ‘‘(1) DEFINITIONS.—In this subsection: mation in connection with a criminal inves- the national security interest; or ‘‘(A) COURT OF COMPETENT JURISDICTION.— tigation; and ‘‘(iii) conspiratorial activities char- The term ‘court of competent jurisdiction’ acteristic of organized crime; and ‘‘(iv) with intent to improperly obstruct, includes— ‘‘(B) requires geolocation information be impede, or interfere with a duly authorized ‘‘(i) any district court of the United States intercepted before an order authorizing such criminal investigation. (including a magistrate judge of such a interception can, with due diligence, be ob- ‘‘(2) PENALTY.—Any person who violates court) or any United States court of appeals tained; paragraph (1) shall be fined under this title, that— ‘‘(2) there are grounds upon which an order imprisoned not more than five years, or ‘‘(I) has jurisdiction over the offense being could be entered to authorize such intercep- both. investigated; tion; and ‘‘(b) EXCEPTION FOR INFORMATION ACQUIRED ‘‘(II) is in or for a district in which the pro- ‘‘(3) an application for an order approving IN THE NORMAL COURSE OF BUSINESS.—It shall vider of a geolocation information service is such interception is made within 48 hours not be unlawful under this chapter for an of- located or in which the geolocation informa- ficer, employee, or agent of a provider of a tion is stored; or after the interception has occurred or begins covered service, whose facilities are used in ‘‘(III) is acting on a request for foreign as- to occur. ‘‘(b) FAILURE TO OBTAIN COURT ORDER.— the transmission of geolocation information, sistance pursuant to section 3512; or ‘‘(1) TERMINATION OF ACQUISITION.—In the to intercept, disclose, or use that informa- ‘‘(ii) a court of general criminal jurisdic- absence of an order, an interception of tion in the normal course of the officer, em- tion of a State authorized by the law of that geolocation information carried out under ployee, or agent’s employment while en- State to issue search warrants. subsection (a) shall immediately terminate gaged in any activity which is a necessary ‘‘(B) GOVERNMENTAL ENTITY.—The term when the information sought is obtained or incident to the rendition of service or to the ‘governmental entity’ means a department protection of the rights or property of the or agency of the United States or any State when the application for the order is denied, provider of that service, except that a pro- or political subdivision thereof. whichever is earlier. ‘‘(2) PROHIBITION ON USE AS EVIDENCE.—In vider of a geolocation information service to ‘‘(2) WARRANT.—A governmental entity the public shall not utilize service observing may intercept geolocation information or re- the event such application for approval is de- or random monitoring except for mechanical quire the disclosure by a provider of a cov- nied, the geolocation information shall be or service quality control checks. ered service of geolocation information only treated as having been obtained in violation ‘‘(c) EXCEPTION FOR CONDUCTING FOREIGN pursuant to a warrant issued using the pro- of this chapter and an inventory shall be INTELLIGENCE SURVEILLANCE.—Notwith- cedures described in the Federal Rules of served on the person named in the applica- standing any other provision of this chapter, Criminal Procedure (or, in the case of a tion. it shall not be unlawful for an officer, em- State court, issued using State warrant pro- ‘‘§ 2605. Recovery of civil damages authorized ployee, or agent of the United States in the cedures) by a court of competent jurisdic- ‘‘(a) IN GENERAL.—Any person whose normal course of the official duty of the offi- tion, or as otherwise provided in this chapter geolocation information is intercepted, dis- cer, employee, or agent to conduct electronic or the Foreign Intelligence Surveillance Act closed, or intentionally used in violation of surveillance, as authorized by the Foreign of 1978 (50 U.S.C. 1801 et seq.). this chapter may in a civil action recover Intelligence Surveillance Act of 1978 (50 ‘‘(i) PROHIBITION ON DIVULGING from the person, other than the United U.S.C. 1801 et seq.). GEOLOCATION INFORMATION.— States, which engaged in that violation such ‘‘(d) EXCEPTION FOR CONSENT.— ‘‘(1) IN GENERAL.—Except as provided in relief as may be appropriate. ‘‘(1) IN GENERAL.—It shall not be unlawful paragraph (2), a person providing a covered ‘‘(b) RELIEF.—In an action under this sec- under this chapter for a person to intercept service shall not intentionally divulge tion, appropriate relief includes— geolocation information pertaining to an- geolocation information pertaining to an- ‘‘(1) such preliminary and other equitable other person if such other person has given other person. or declaratory relief as may be appropriate;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.032 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5746 CONGRESSIONAL RECORD — SENATE July 31, 2012 ‘‘(2) damages under subsection (c) and pu- SEC. 803. REQUIREMENT FOR SEARCH WAR- under section 1039 of title 18, United States nitive damages in appropriate cases; and RANTS TO ACQUIRE GEOLOCATION Code, as amended by this section. ‘‘(3) a reasonable attorney’s fee and other INFORMATION. (2) AUTHORIZATION.—The United States litigation costs reasonably incurred. Rule 41(a) of the Federal Rules of Criminal Sentencing Commission may amend the Fed- ‘‘(c) COMPUTATION OF DAMAGES.—The court Procedure is amended— eral sentencing guidelines in accordance may assess as damages under this section (1) in paragraph (2)(A), by striking the pe- with the procedures set forth in section 21(a) whichever is the greater of— riod at the end and inserting a comma and of the Sentencing Act of 1987 (28 U.S.C. 994 ‘‘(1) the sum of the actual damages suffered ‘‘including geolocation information.’’; and note) as though the authority under that by the plaintiff and any profits made by the (2) by adding at the end the following: section had not expired. violator as a result of the violation; or ‘‘(F) ‘Geolocation information’ has the SEC. 805. STATEMENT OF EXCLUSIVE MEANS OF ‘‘(2) statutory damages of whichever is the meaning given that term in section 2601 of ACQUIRING GEOLOCATION INFOR- greater of $100 a day for each day of violation title 18, United States Code.’’. MATION. or $10,000. SEC. 804. FRAUD AND RELATED ACTIVITY IN CON- (a) IN GENERAL.—No person may acquire ‘‘(d) DEFENSE.—It is a complete defense NECTION WITH OBTAINING the geolocation information of a person for against any civil or criminal action brought GEOLOCATION INFORMATION. protective activities or law enforcement or against an individual for conduct in viola- (a) CRIMINAL VIOLATION.—Section 1039(h) of intelligence purposes except pursuant to a tion of this chapter if such individual acted title 18, United States Code, is amended— warrant issued pursuant to rule 41 of the in a good faith reliance on— (1) in paragraph (2)— Federal Rules of Criminal Procedure, as ‘‘(1) a court warrant or order, a grand jury (A) in subparagraph (A), by striking ‘‘and’’ amended by section 803, or the amendments subpoena, a legislative authorization, or a at the end; made by this Act, or the Foreign Intelligence statutory authorization; (B) in subparagraph (B), by striking the pe- Surveillance Act of 1978 (50 U.S.C. 1801). ‘‘(2) a request of an investigative or law en- riod at the end and inserting a semicolon and (b) GEOLOCATION INFORMATION DEFINED.—In forcement officer under section 2604; or ‘‘and’’; and this section, the term ‘‘geolocation informa- ‘‘(3) a good-faith determination that an ex- (C) by adding at the end the following new tion’’ has the meaning given that term in ception under section 2602 permitted the con- subparagraph: section 2601 of title 18, United States Code, duct complained of. ‘‘(C) includes any geolocation information as amended by section 802. ‘‘(e) LIMITATION.—A civil action under this service.’’; section may not be commenced later than (2) by redesignating paragraph (4) as para- SA 2689. Mr. BENNET (for himself two years after the date upon which the graph (5); and and Mr. COBURN) submitted an amend- claimant first has a reasonable opportunity (3) by inserting after paragraph (3) the fol- ment intended to be proposed by him to discover the violation. lowing: to the bill S. 3414, to enhance the secu- ‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court ‘‘(4) GEOLOCATION INFORMATION SERVICE.— rity and resiliency of the cyber and The term ‘geolocation information service’ or appropriate department or agency deter- communications infrastructure of the mines that the United States or any of its has the meaning given that term in section departments or agencies has violated any 2601.’’. United States; which was ordered to lie provision of this chapter, and the court or (b) CONFORMING AMENDMENTS.— on the table; as follows: appropriate department or agency finds that (1) DEFINITION AMENDMENTS.—Section At the end, add the following: the circumstances surrounding the violation 1039(h)(1) of title 18, United States Code, is TITLE VIII—FEDERAL DATA CENTER raise serious questions about whether or not amended— CONSOLIDATION INITIATIVE (A) in the paragraph heading, by inserting an officer or employee of the United States SEC. 801. DEFINITIONS. ‘‘OR GPS’’ after ‘‘PHONE’’; and acted willfully or intentionally with respect In this title: (B) in the matter preceding subparagraph to the violation, the department or agency (1) ADMINISTRATOR.—The term ‘‘Adminis- (A), by inserting ‘‘or GPS’’ after ‘‘phone’’. shall, upon receipt of a true and correct copy trator’’ means the Administrator for the Of- (2) CONFORMING AMENDMENTS.—Section 1039 of the decision and findings of the court or fice of E-Government and Information Tech- of title 18, United States Code, is amended— appropriate department or agency promptly nology within the Office of Management and (A) in the section heading by inserting ‘‘or initiate a proceeding to determine whether Budget. GPS’’ after ‘‘phone’’; disciplinary action against the officer or em- (2) CHIEF INFORMATION OFFICERS COUNCIL.— (B) in subsection (a)— ployee is warranted. If the head of the de- The term ‘‘Chief Information Officers Coun- (i) in the matter preceding paragraph (1), partment or agency involved determines cil’’ means the Chief Information Officers by inserting ‘‘or GPS’’ after ‘‘phone’’; and that disciplinary action is not warranted, Council established under section 3603 of (ii) in paragraph (4), by inserting ‘‘or GPS’’ such head shall notify the Inspector General title 44, United States Code. after ‘‘phone’’; with jurisdiction over the department or (3) DATA CENTER.— (C) in subsection (b)— agency concerned and shall provide the In- (A) DEFINITION.—The term ‘‘data center’’ (i) in the subsection heading, by inserting spector General with the reasons for such de- means a closet, room, floor, or building for ‘‘OR GPS’’ after ‘‘PHONE’’; termination. the storage, management, and dissemination (ii) in paragraph (1), by inserting ‘‘or GPS’’ ‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.— of data and information, as defined by the after ‘‘phone’’ both places that term appears; Any willful disclosure or use by an investiga- Administrator in the ‘‘Implementation Guid- and tive or law enforcement officer or govern- ance for the Federal Data Center Consolida- (iii) in paragraph (2), by inserting ‘‘or mental entity of information beyond the ex- tion Initiative’’ memorandum, issued on GPS’’ after ‘‘phone’’; and tent permitted by this chapter is a violation March 19, 2012. of this chapter for purposes of this section. (D) in subsection (c)— (B) AUTHORITY TO MODIFY DEFINITION.—The (i) in the subsection heading, by inserting ‘‘(h) CONSTRUCTION.—Nothing in this sec- Administrator may promulgate guidance or ‘‘OR GPS’’ after ‘‘PHONE’’; tion may be construed to establish a new other clarifications to modify the definition (ii) in paragraph (1), by inserting ‘‘or GPS’’ cause of action against any electronic com- in subparagraph (A) in a manner consistent after ‘‘phone’’ both places that term appears; munication service provider, remote com- with this Act, as the Administrator deter- and puting service provider, geolocation service mines necessary. provider, or law enforcement or investiga- (iii) in paragraph (2), by inserting ‘‘or GPS’’ after ‘‘phone’’. SEC. 802. FEDERAL DATA CENTER CONSOLIDA- tive officer, or eliminate or affect any cause TION INVENTORIES AND PLANS. of action that exists under section 2520, sec- (3) CHAPTER ANALYSIS.—The table of sec- (a) REQUIRED SUBMISSIONS.— tion 2707, or any other provision of law.’’. tions for chapter 47 of title 18, United States (1) IN GENERAL.— (b) CLERICAL AMENDMENT.—The table of Code, is amended by striking the item relat- (A) ANNUAL REPORTS.—Each year, begin- chapters for part 1 of title 18, United States ing to section 1039 and inserting the fol- ning in fiscal year 2013 through the end of Code, is amended by inserting after the item lowing: fiscal year 2017, the head of each agency that relating to chapter 119 the following: ‘‘1039. Fraud and related activity in connec- is described in paragraph (2), assisted by the ‘‘120. Geolocation information ...... 2601’’. tion with obtaining confiden- chief information officer of the agency, shall (c) CONFORMING AMENDMENTS.—Section tial phone or GPS records infor- submit to the Administrator— 3512(a) of title 18, United States Code, is mation of a covered entity.’’. (i) by June 30th of each year, a comprehen- amended— (c) SENTENCING GUIDELINES.— sive asset inventory of the data centers (1) in paragraph (2)— (1) REVIEW AND AMENDMENT.—Not later owned, operated, or maintained by or on be- (A) by redesignating subparagraphs (B), than 180 days after the date of enactment of half of the agency, even if the center is ad- (C), and (D) as subparagraphs (C), (D), and this Act, the United States Sentencing Com- ministered by a third party; and (E), respectively; and mission, pursuant to its authority under sec- (ii) by September 30th of each year, an up- (B) by inserting after subparagraph (A) the tion 994 of title 28, United States Code, and dated consolidation plan that includes— following: in accordance with this section, shall review (I) a technical roadmap and approach for ‘‘(B) a warrant or order for geolocation in- and, if appropriate, amend the Federal sen- achieving the agency’s targets for infrastruc- formation or records related thereto, as pro- tencing guidelines and policy statements ap- ture utilization, energy efficiency, cost sav- vided under section 2602 of this title;’’. plicable to persons convicted of any offense ings and efficiency;

VerDate Mar 15 2010 04:26 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.032 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5747

(II) a detailed timeline for implementation graph (2), under the direction of the chief in- (2) ADDITIONAL REQUIREMENTS.—If the of the data center consolidation plan; formation officer of the agency, shall— Comptroller General identifies an agency (III) quantitative utilization and efficiency (A) implement the consolidation plan re- that has repeatedly lagged in implementing goals for reducing assets and improving use quired under paragraph (1)(A)(ii); and the data center consolidation initiative, the of information technology infrastructure; (B) provide to the Administrator annual Comptroller General may require that the (IV) performance metrics by which the updates on implementation and cost savings head of the agency submit a statement ex- progress of the agency toward data center realized through such consolidation plan. plaining— consolidation goals can be measured, includ- (b) ADMINISTRATOR REVIEW.—The Adminis- (A) why the agency is having difficulty im- ing metrics to track any gains in energy uti- trator shall— plementing the initiative; and lization as a result of this initiative; (1) review the plans submitted under sub- (B) what structural or personnel changes (V) an aggregation of year-by-year invest- section (a) to determine whether each plan is are needed within the agency to address the ment and cost savings calculations for 5 comprehensive and complete; problem. years past the date of submission of the cost (2) monitor the implementation of the data SEC. 803. ENSURING CYBERSECURITY STAND- saving assessment, including a description of center consolidation plan of each agency de- ARDS FOR DATA CENTER CONSOLI- scribed in subsection (a)(2); and any initial costs for data center consolida- DATION AND CLOUD COMPUTING. (3) update the cumulative cost savings pro- tion; An agency required to implement a data jection on an annual basis as the savings are (VI) quantitative progress towards pre- center consolidation plan under this title realized through the implementation of the viously stated goals including cost savings and migrate to cloud computing shall do so agency plans. in a manner that is consistent with Federal and increases in operational efficiencies and (c) COST SAVING GOAL AND UPDATES FOR guidelines on cloud computing security, in- utilization; and CONGRESS.— cluding— (VII) any additional information required (1) IN GENERAL.—Not later than 180 days (1) applicable provisions found within the by the Administrator. after the date of enactment of this Act, or by Federal Risk and Authorization Management (B) CERTIFICATION.—Each year, beginning September 30th of fiscal year 2013, whichever Program of the General Service Administra- in fiscal year 2013 through the end of fiscal is later, the Administrator shall develop and tion; and year 2017, the head of an agency, acting publish a goal for the total amount of (2) guidance published by the National In- through the chief information officer of the planned cost savings by the Federal Govern- stitute of Standards and Technology. agency, shall submit a statement to the Ad- ment through the Federal Data Center Con- ministrator certifying that the agency has SEC. 804. CLASSIFIED INFORMATION. solidation Initiative during the 5-year period The Director of National Intelligence may complied with the requirements of this sec- beginning on the date of enactment of this waive the requirements of this title for any tion. Act, which shall include a breakdown on a element (or component of an element) of the (C) INSPECTOR GENERAL REPORT.— year-by-year basis of the projected savings. intelligence community. (i) IN GENERAL.—The Inspector General for (2) ANNUAL UPDATE.— each agency described in paragraph (2) shall SEC. 805. SUNSET. (A) IN GENERAL.—Not later than 1 year This title is repealed effective on October release a public report not later than 6 after the date on which the goal described in 1, 2017. months after the date on which the agency paragraph (1) is determined and each year releases the first updated asset inventory in thereafter until the end of 2017, the Adminis- SA 2690. Ms. MURKOWSKI submitted fiscal year 2013 under subparagraph (A)(i), trator shall publish a report on the actual an amendment intended to be proposed which shall evaluate the completeness of the savings achieved through the Federal Data inventory of the agency; and by her to the bill S. 3414, to enhance Center Consolidation Initiative as compared the security and resiliency of the cyber (ii) AGENCY RESPONSE.—The head of each to the projected savings developed under agency shall respond to the report completed paragraph (1) (based on data collected from and communications infrastructure of by the Inspector General for the agency each affected agency under subsection (a)(1)). the United States; which was ordered under clause (i), and complete any inventory (B) UPDATE FOR CONGRESS.—The report re- to lie on the table; as follows: identified by the Inspector General for the quired under subparagraph (A) shall be sub- At the end of section 104, add the fol- agency as incomplete, by the time the agen- mitted to Congress and shall include an up- lowing: cy submits the required inventory update for date on the progress made by each agency (d) APPLICATION OF BENEFITS OF CYBERSE- fiscal year 2014. described in subsection (a)(2) on— CURITY PROGRAM TO ENTITIES SUBJECT TO (D) RESPONSIBILITY OF THE ADMINIS- (i) whether each agency has in fact sub- MANDATORY REQUIREMENTS.— TRATOR.—The Administrator shall ensure mitted a comprehensive asset inventory; (1) IN GENERAL.—Subject to paragraphs (2) that each certification submitted under sub- (ii) whether each agency has submitted a through (4), any entity subject to the juris- paragraph (B) and each agency consolidation comprehensive consolidation plan with the diction of the Federal Energy Regulatory plan submitted under subparagraph (A)(ii), is key elements described in (a)(1)(A)(ii); and Commission under section 215 of the Federal made available in a timely fashion to the (iii) the progress, if any, of each agency on Power Act (16 U.S.C. 824o) or to any facility general public. implementing the consolidation plan of the subject to cybersecurity measures required (2) AGENCIES DESCRIBED.—The agencies (in- agency. by the Nuclear Regulatory Commission cluding all associated components of the (d) GAO REVIEW.—The Comptroller General under the Atomic Energy Act of 1954 (42 agency) described in this paragraph are the— of the United States shall, on an annual U.S.C. 2011 et seq.) shall be entitled to the (A) Department of Agriculture; basis, publish a report on— benefits of certification provided under sub- (B) Department of Commerce; (1) the quality and completeness of each section (c) (other than subsection (c)(1)). (C) Department of Defense; agency’s asset inventory and consolidation (2) ELIGIBILITY.—To be eligible for the ben- (D) Department of Education; plans required under subsection (a)(1)(A); efits of certification described in paragraph (E) Department of Energy; (2) each agency’s progress on implementa- (1), an entity or facility shall demonstrate to (F) Department of Health and Human Serv- tion of the consolidation plans submitted the Secretary of Energy that it is an entity ices; under subsection (a)(1)(A); or facility described in paragraph (1). (G) Department of Homeland Security; (3) overall planned and actual cost savings (3) CERTIFIED OWNER OR OPERATOR.—If the (H) Department of Housing and Urban De- realized through implementation of the con- Secretary of Energy determines that an enti- velopment; solidation plans submitted under subsection ty or facility is an entity or facility de- (I) Department of the Interior; (a)(1)(A); scribed in paragraph (1), the entity or facil- (J) Department of Justice; (4) any steps that the Administrator could ity shall be considered a certified owner or (K) Department of Labor; take to improve implementation of the data operator under this section (other than sub- (L) Department of State; center consolidation initiative; and section (c)(1)). (M) Department of Transportation; (5) any matters for Congressional consider- (4) EFFECT ON OTHER LAWS.—Nothing in (N) Department of Treasury; ation in order to improve or accelerate the this subsection limits the applicability of (O) Department of Veterans Affairs; implementation of the data center consolida- any exemption from or limitation of liability (P) Environmental Protection Agency; tion initiative. or damages that a certified owner may have (Q) General Services Administration; (e) RESPONSE TO GAO.— under any other Federal or State law (in- (R) National Aeronautics and Space Ad- (1) IN GENERAL.—If a report required under cluding regulations). ministration; subsection (d) identifies any deficiencies or (e) FEDERAL ENERGY LAWS.—Except as pro- (S) National Science Foundation; delays in any of the elements described in vided in subsection (d), nothing in this Act (T) Nuclear Regulatory Commission; paragraphs (1) through (5) of subsection (d) authorizes the imposition or modification of (U) Office of Personnel Management; for an agency, the head of the agency shall requirements relating to— (V) Small Business Administration; respond in writing to the Comptroller Gen- (1)(A) the bulk-power system; (W) Social Security Administration; and eral of the United State, not later than 90 (B) the promulgation or enforcement of re- (X) United States Agency for International days after the date on which the report is liability standards for the bulk power system Development. published under subsection (d), with a de- (including for cybersecurity protection) by (3) AGENCY IMPLEMENTATION OF CONSOLIDA- tailed explanation of how the agency will ad- the certified Electric Reliability Organiza- TION PLANS.—Each agency described in para- dress the deficiency. tion; or

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.033 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5748 CONGRESSIONAL RECORD — SENATE July 31, 2012 (C) the approval or enforcement of the Sec. 403. Program improvements. Threat Operations Center, the National Cy- standards by the Federal Energy Regulatory Sec. 404. Improving education of networking bersecurity and Communications Integration Commission under section 215 of the Federal and information technology, in- Center, and any successor center. Power Act (16 U.S.C. 824o); or cluding high performance com- (6) CYBERSECURITY SYSTEM.—The term ‘‘cy- (2) nuclear facilities subject to cybersecu- puting. bersecurity system’’ means a system de- rity measures required by the Nuclear Regu- Sec. 405. Conforming and technical amend- signed or employed to ensure the integrity, latory Commission under the Atomic Energy ments to the High-Performance confidentiality, or availability of, or to safe- Act of 1954 (42 U.S.C. 2011 et seq.). Computing Act of 1991. guard, a system or network, including meas- Sec. 406. Federal cyber scholarship-for-serv- ures intended to protect a system or network SA 2691. Mrs. HUTCHISON submitted ice program. from— an amendment intended to be proposed Sec. 407. Study and analysis of certification (A) efforts to degrade, disrupt, or destroy by her to the bill S. 3414, to enhance and training of information in- such system or network; or frastructure professionals. (B) theft or misappropriations of private or the security and resiliency of the cyber Sec. 408. International cybersecurity tech- and communications infrastructure of government information, intellectual prop- nical standards. erty, or personally identifiable information. the United States; which was ordered Sec. 409. Identity management research and (7) ENTITY.— to lie on the table; as follows: development. (A) IN GENERAL.—The term ‘‘entity’’ means Sec. 410. Federal cybersecurity research and Strike title I. any private entity, non-Federal government development. agency or department, or State, tribal, or SA 2692. Mrs. HUTCHISON (for her- TITLE I—FACILITATING SHARING OF local government agency or department (in- self, Mr. MCCAIN, Mr. CHAMBLISS, Mr. CYBER THREAT INFORMATION cluding an officer, employee, or agent there- GRASSLEY, Ms. MURKOWSKI, Mr. COATS, SEC. 101. DEFINITIONS. of). Mr. BURR, and Mr. JOHNSON of Wis- In this title: (B) INCLUSIONS.—The term ‘‘entity’’ in- consin) submitted an amendment in- (1) AGENCY.—The term ‘‘agency’’ has the cludes a government agency or department tended to be proposed by her to the bill meaning given the term in section 3502 of (including an officer, employee, or agent S. 3414, to enhance the security and re- title 44, United States Code. thereof) of the District of Columbia, the (2) ANTITRUST LAWS.—The term ‘‘antitrust Commonwealth of Puerto Rico, the Virgin siliency of the cyber and communica- laws’’— Islands, Guam, American Samoa, the North- tions infrastructure of the United (A) has the meaning given the term in sec- ern Mariana Islands, and any other territory States; which was ordered to lie on the tion 1(a) of the Clayton Act (15 U.S.C. 12(a)); or possession of the United States. table; as follows: (B) includes section 5 of the Federal Trade (8) FEDERAL INFORMATION SYSTEM.—The Beginning on page 1, strike line 4 and all Commission Act (15 U.S.C. 45) to the extent term ‘‘Federal information system’’ means that follows and insert the following: that section 5 of that Act applies to unfair an information system of a Federal depart- (a) SHORT TITLE.—This Act may be cited as methods of competition; and ment or agency used or operated by an exec- the ‘‘Strengthening and Enhancing Cyberse- (C) includes any State law that has the utive agency, by a contractor of an executive curity by Using Research, Education, Infor- same intent and effect as the laws under sub- agency, or by another organization on behalf mation, and Technology Act of 2012’’ or ‘‘SE- paragraphs (A) and (B). of an executive agency. CURE IT’’. (3) COUNTERMEASURE.—The term ‘‘counter- (9) INFORMATION SECURITY.—The term ‘‘in- (b) TABLE OF CONTENTS.—The table of con- measure’’ means an automated or a manual formation security’’ means protecting infor- tents of this Act is as follows: action with defensive intent to mitigate mation and information systems from dis- Sec. 1. Short title; table of contents. cyber threats. ruption or unauthorized access, use, disclo- (4) CYBER THREAT INFORMATION.—The term sure, modification, or destruction in order to TITLE I—FACILITATING SHARING OF ‘‘cyber threat information’’ means informa- provide— CYBER THREAT INFORMATION tion that indicates or describes— (A) integrity, by guarding against im- Sec. 101. Definitions. (A) a technical or operation vulnerability proper information modification or destruc- Sec. 102. Authorization to share cyber or a cyber threat mitigation measure; tion, including by ensuring information non- threat information. (B) an action or operation to mitigate a repudiation and authenticity; Sec. 103. Information sharing by the Federal cyber threat; (B) confidentiality, by preserving author- government. (C) malicious reconnaissance, including ized restrictions on access and disclosure, in- Sec. 104. Construction. anomalous patterns of network activity that cluding means for protecting personal pri- Sec. 105. Report on implementation. appear to be transmitted for the purpose of vacy and proprietary information; or Sec. 106. Inspector General review. gathering technical information related to a (C) availability, by ensuring timely and re- Sec. 107. Technical amendments. cybersecurity threat; liable access to and use of information. Sec. 108. Access to classified information. (D) a method of defeating a technical con- (10) INFORMATION SYSTEM.—The term ‘‘in- TITLE II—COORDINATION OF FEDERAL trol; formation system’’ has the meaning given INFORMATION SECURITY POLICY (E) a method of defeating an operational the term in section 3502 of title 44, United Sec. 201. Coordination of Federal informa- control; States Code. tion security policy. (F) network activity or protocols known to (11) LOCAL GOVERNMENT.—The term ‘‘local Sec. 202. Management of information tech- be associated with a malicious cyber actor or government’’ means any borough, city, coun- nology. that signify malicious cyber intent; ty, parish, town, township, village, or other Sec. 203. No new funding. (G) a method of causing a user with legiti- general purpose political subdivision of a Sec. 204. Technical and conforming amend- mate access to an information system or in- State. ments. formation that is stored on, processed by, or (12) MALICIOUS RECONNAISSANCE.—The term Sec. 205. Clarification of authorities. transiting an information system to inad- ‘‘malicious reconnaissance’’ means a method TITLE III—CRIMINAL PENALTIES vertently enable the defeat of a technical or for actively probing or passively monitoring operational control; an information system for the purpose of dis- Sec. 301. Penalties for fraud and related ac- (H) any other attribute of a cybersecurity cerning technical vulnerabilities of the in- tivity in connection with com- threat or cyber defense information that formation system, if such method is associ- puters. would foster situational awareness of the ated with a known or suspected cybersecu- Sec. 302. Trafficking in passwords. United States cybersecurity posture, if dis- rity threat. Sec. 303. Conspiracy and attempted com- closure of such attribute or information is (13) OPERATIONAL CONTROL.—The term puter fraud offenses. not otherwise prohibited by law; ‘‘operational control’’ means a security con- Sec. 304. Criminal and civil forfeiture for (I) the actual or potential harm caused by trol for an information system that pri- fraud and related activity in a cyber incident, including information marily is implemented and executed by peo- connection with computers. exfiltrated when it is necessary in order to ple. Sec. 305. Damage to critical infrastructure identify or describe a cybersecurity threat; (14) OPERATIONAL VULNERABILITY.—The computers. or term ‘‘operational vulnerability’’ means any Sec. 306. Limitation on actions involving (J) any combination of subparagraphs (A) attribute of policy, process, or procedure unauthorized use. through (I). that could enable or facilitate the defeat of Sec. 307. No new funding. (5) CYBERSECURITY CENTER.—The term ‘‘cy- an operational control. TITLE IV—CYBERSECURITY RESEARCH bersecurity center’’ means the Department (15) PRIVATE ENTITY.—The term ‘‘private AND DEVELOPMENT of Defense Cyber Crime Center, the Intel- entity’’ means any individual or any private Sec. 401. National High-Performance Com- ligence Community Incident Response Cen- group, organization, or corporation, includ- puting Program planning and ter, the United States Cyber Command Joint ing an officer, employee, or agent thereof. coordination. Operations Center, the National Cyber Inves- (16) SIGNIFICANT CYBER INCIDENT.—The Sec. 402. Research in areas of national im- tigative Joint Task Force, the National Se- term ‘‘significant cyber incident’’ means a portance. curity Agency/Central Security Service cyber incident resulting in, or an attempted

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.033 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5749 cyber incident that, if successful, would have impede the performance of a critical mission sidered regulations within the meaning of resulted in— of the Federal department or agency. this paragraph. (A) the exfiltration from a Federal infor- (3) REPORT.—A Federal department or (d) PROCEDURES RELATING TO INFORMATION mation system of data that is essential to agency shall report information provided SHARING WITH A CYBERSECURITY CENTER.— the operation of the Federal information sys- under this subsection to a cybersecurity cen- Not later than 60 days after the date of en- tem; or ter. actment of this Act, the heads of each de- (B) an incident in which an operational or (4) CONSTRUCTION.—Any information pro- partment or agency containing a cybersecu- technical control essential to the security or vided to a cybersecurity center under para- rity center shall jointly develop, promul- operation of a Federal information system graph (3) shall be treated in the same man- gate, and submit to Congress procedures to was defeated. ner as information provided to a cybersecu- ensure that cyber threat information shared (17) TECHNICAL CONTROL.—The term ‘‘tech- rity center under subsection (a). with or provided to— nical control’’ means a hardware or software (c) INFORMATION SHARED WITH OR PROVIDED (1) a cybersecurity center under this sec- restriction on, or audit of, access or use of an TO A CYBERSECURITY CENTER.—Cyber threat tion— information system or information that is information provided to a cybersecurity cen- (A) may be submitted to a cybersecurity stored on, processed by, or transiting an in- ter under this section— center by an entity, to the greatest extent (1) may be disclosed to, retained by, and formation system that is intended to ensure possible, through a uniform, publicly avail- used by, consistent with otherwise applicable the confidentiality, integrity, or availability able process or format that is easily acces- Federal law, any Federal agency or depart- of that system. sible on the website of such cybersecurity ment, component, officer, employee, or (18) TECHNICAL VULNERABILITY.—The term center, and that includes the ability to pro- agent of the Federal government for a cyber- ‘‘technical vulnerability’’ means any at- vide relevant details about the cyber threat security purpose, a national security pur- tribute of hardware or software that could information and written consent to any sub- pose, or in order to prevent, investigate, or enable or facilitate the defeat of a technical sequent disclosures authorized by this para- prosecute any of the offenses listed in sec- control. graph; tion 2516 of title 18, United States Code, and (19) TRIBAL.—The term ‘‘tribal’’ has the (B) shall immediately be further shared such information shall not be disclosed to, meaning given the term ‘‘Indian tribe’’ in with each cybersecurity center in order to section 4 of the Indian Self-Determination retained by, or used by any Federal agency prevent, investigate, or otherwise mitigate and Education Assistance Act (25 U.S.C. or department for any use not permitted threats to information security across the 450b). under this paragraph; (2) may, with the prior written consent of Federal government; SEC. 102. AUTHORIZATION TO SHARE CYBER (C) is handled by the Federal government THREAT INFORMATION. the entity submitting such information, be in a reasonable manner, including consider- (a) VOLUNTARY DISCLOSURE.— disclosed to and used by a State, tribal, or ation of the need to protect the privacy and (1) PRIVATE ENTITIES.—Notwithstanding local government or government agency for any other provision of law, a private entity the purpose of protecting information sys- civil liberties of individuals through may, for the purpose of preventing, inves- tems, or in furtherance of preventing, inves- anonymization or other appropriate meth- tigating, or otherwise mitigating threats to tigating, or prosecuting a criminal act, ex- ods, while fully accomplishing the objectives information security, on its own networks, cept that if the need for immediate disclo- of this title, and the Federal government or as authorized by another entity, on such sure prevents obtaining written consent, may undertake efforts consistent with this entity’s networks, employ countermeasures such consent may be provided orally with subparagraph to limit the impact on privacy and use cybersecurity systems in order to subsequent documentation of such consent; and civil liberties of the sharing of cyber obtain, identify, or otherwise possess cyber (3) shall be considered the commercial, fi- threat information with the Federal govern- threat information. nancial, or proprietary information of the ment; and (2) ENTITIES.—Notwithstanding any other entity providing such information to the (D) except as provided in this section, shall provision of law, an entity may disclose Federal government and any disclosure out- only be used, disclosed, or handled in accord- cyber threat information to— side the Federal government may only be ance with the provisions of subsection (c); (A) a cybersecurity center; or made upon the prior written consent by such and (B) any other entity in order to assist with entity and shall not constitute a waiver of (2) a Federal agency or department under preventing, investigating, or otherwise miti- any applicable privilege or protection pro- subsection (b) is provided immediately to a gating threats to information security. vided by law, except that if the need for im- cybersecurity center in order to prevent, in- (3) INFORMATION SECURITY PROVIDERS.—If mediate disclosure prevents obtaining writ- vestigate, or otherwise mitigate threats to the cyber threat information described in ten consent, such consent may be provided information security across the Federal gov- paragraph (1) is obtained, identified, or oth- orally with subsequent documentation of ernment. erwise possessed in the course of providing such consent; (e) INFORMATION SHARED BETWEEN ENTI- information security products or services (4) shall be deemed voluntarily shared in- TIES.— under contract to another entity, that entity formation and exempt from disclosure under (1) IN GENERAL.—An entity sharing cyber shall be given, at any time prior to disclo- section 552 of title 5, United States Code, and threat information with another entity sure of such information, a reasonable oppor- any State, tribal, or local law requiring dis- under this title may restrict the use or shar- tunity to authorize or prevent such disclo- closure of information or records; ing of such information by such other entity. sure, to request anonymization of such infor- (5) shall be, without discretion, withheld (2) FURTHER SHARING.—Cyber threat infor- mation, or to request that reasonable efforts from the public under section 552(b)(3)(B) of mation shared by any entity with another be made to safeguard such information that title 5, United States Code, and any State, entity under this title— identifies specific persons from unauthorized tribal, or local law requiring disclosure of in- (A) shall only be further shared in accord- access or disclosure. formation or records; ance with any restrictions placed on the (b) SIGNIFICANT CYBER INCIDENTS INVOLVING (6) shall not be subject to the rules of any sharing of such information by the entity FEDERAL INFORMATION SYSTEMS.— Federal agency or department or any judi- authorizing such sharing, such as appro- (1) IN GENERAL.—An entity providing elec- cial doctrine regarding ex parte communica- priate anonymization of such information; tronic communication services, remote com- tions with a decision-making official; and puting services, or information security (7) shall not, if subsequently provided to a (B) may not be used by any entity to gain services to a Federal department or agency State, tribal, or local government or govern- an unfair competitive advantage to the det- shall inform the Federal department or agen- ment agency, otherwise be disclosed or dis- riment of the entity authorizing the sharing cy of a significant cyber incident involving tributed to any entity by such State, tribal, of such information, except that the conduct the Federal information system of that Fed- or local government or government agency described in paragraph (3) shall not con- eral department or agency that— without the prior written consent of the en- stitute unfair competitive conduct. (A) is directly known to the entity as a re- tity submitting such information, notwith- (3) INFORMATION SHARED WITH STATE, TRIB- sult of providing such services; standing any State, tribal, or local law re- AL, OR LOCAL GOVERNMENT OR GOVERNMENT (B) is directly related to the provision of quiring disclosure of information or records, AGENCY.—Cyber threat information shared such services by the entity; and except that if the need for immediate disclo- with a State, tribal, or local government or (C) as determined by the entity, has im- sure prevents obtaining written consent, government agency under this title— peded or will impede the performance of a such consent may be provided orally with (A) may, with the prior written consent of critical mission of the Federal department subsequent documentation of such consent; the entity sharing such information, be dis- or agency. and closed to and used by a State, tribal, or local (2) ADVANCE COORDINATION.—A Federal de- (8) shall not be directly used by any Fed- government or government agency for the partment or agency receiving the services eral, State, tribal, or local department or purpose of protecting information systems, described in paragraph (1) shall coordinate in agency to regulate the lawful activities of an or in furtherance of preventing, inves- advance with an entity described in para- entity, including activities relating to ob- tigating, or prosecuting a criminal act, ex- graph (1) to develop the parameters of any taining, identifying, or otherwise possessing cept if the need for immediate disclosure information that may be provided under cyber threat information, except that the prevents obtaining written consent, consent paragraph (1), including clarification of the procedures required to be developed and im- may be provided orally with subsequent doc- type of significant cyber incident that will plemented under this title shall not be con- umentation of the consent;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5750 CONGRESSIONAL RECORD — SENATE July 31, 2012 (B) shall be deemed voluntarily shared in- any action brought by the Federal govern- (1) facilitate information sharing, inter- formation and exempt from disclosure under ment, or any agency or department thereof, action, and collaboration among and be- any State, tribal, or local law requiring dis- to enforce any law, executive order, or proce- tween cybersecurity centers and— closure of information or records; dure governing the appropriate handling, dis- (A) other Federal entities; (C) shall not be disclosed or distributed to closure, and use of classified information. (B) any entity; and any entity by the State, tribal, or local gov- (h) OTHERWISE LAWFUL DISCLOSURES.— (C) international partners, in consultation ernment or government agency without the Nothing in this section shall be construed to with the Secretary of State; prior written consent of the entity submit- limit or prohibit otherwise lawful disclo- (2) disseminate timely and actionable cy- ting such information, notwithstanding any sures of communications, records, or other bersecurity threat, vulnerability, mitiga- State, tribal, or local law requiring disclo- information by a private entity to any other tion, and warning information, including sure of information or records, except if the governmental or private entity not covered alerts, advisories, indicators, signatures, and need for immediate disclosure prevents ob- under this section. mitigation and response measures, to im- taining written consent, consent may be pro- (i) WHISTLEBLOWER PROTECTION.—Nothing prove the security and protection of informa- vided orally with subsequent documentation in this Act shall be construed to preempt or tion systems; and of the consent; and preclude any employee from exercising (3) coordinate with other Federal entities, (D) shall not be directly used by any State, rights currently provided under any whistle- as appropriate, to integrate information tribal, or local department or agency to reg- blower law, rule, or regulation. from across the Federal government to pro- ulate the lawful activities of an entity, in- (j) RELATIONSHIP TO OTHER LAWS.—The vide situational awareness of the cybersecu- cluding activities relating to obtaining, submission of cyber threat information rity posture of the United States. identifying, or otherwise possessing cyber under this section to a cybersecurity center (e) SHARING WITHIN THE FEDERAL GOVERN- threat information, except that the proce- shall not affect any requirement under any MENT.—The heads of appropriate Federal de- dures required to be developed and imple- other provision of law for an entity to pro- partments and agencies shall ensure that mented under this title shall not be consid- vide information to the Federal government. cyber threat information in the possession of ered regulations within the meaning of this such Federal departments or agencies that subparagraph. SEC. 103. INFORMATION SHARING BY THE FED- ERAL GOVERNMENT. relates to the prevention, investigation, or (4) ANTITRUST EXEMPTION.—The exchange (a) CLASSIFIED INFORMATION.— mitigation of threats to information secu- or provision of cyber threat information or (1) PROCEDURES.—Consistent with the pro- rity across the Federal government is shared assistance between 2 or more private entities tection of intelligence sources and methods, effectively with the cybersecurity centers. under this title shall not be considered a vio- and as otherwise determined appropriate, the (f) SUBMISSION TO CONGRESS.—Not later lation of any provision of antitrust laws if than 60 days after the date of enactment of exchanged or provided in order to assist Director of National Intelligence and the Secretary of Defense, in consultation with this Act, the Director of National Intel- with— ligence, in coordination with the appropriate (A) facilitating the prevention, investiga- the heads of the appropriate Federal depart- ments or agencies, shall develop and promul- head of a department or an agency con- tion, or mitigation of threats to information taining a cybersecurity center, shall submit security; or gate procedures to facilitate and promote— (A) the immediate sharing, through the cy- the procedures required by this section to (B) communicating or disclosing of cyber Congress. threat information to help prevent, inves- bersecurity centers, of classified cyber tigate or otherwise mitigate the effects of a threat information in the possession of the SEC. 104. CONSTRUCTION. threat to information security. Federal government with appropriately (a) INFORMATION SHARING RELATIONSHIPS.— (5) NO RIGHT OR BENEFIT.—The provision of cleared representatives of any appropriate Nothing in this title shall be construed— cyber threat information to an entity under entity; and (1) to limit or modify an existing informa- this section shall not create a right or a ben- (B) the declassification and immediate tion sharing relationship; efit to similar information by such entity or sharing, through the cybersecurity centers, (2) to prohibit a new information sharing any other entity. with any entity or, if appropriate, public relationship; (f) FEDERAL PREEMPTION.— availability of cyber threat information in (3) to require a new information sharing re- (1) IN GENERAL.—This section supersedes the possession of the Federal government; lationship between any entity and the Fed- any statute or other law of a State or polit- (2) HANDLING OF CLASSIFIED INFORMATION.— eral government, except as specified under ical subdivision of a State that restricts or The procedures developed under paragraph section 102(b); or otherwise expressly regulates an activity au- (1) shall ensure that each entity receiving (4) to modify the authority of a depart- thorized under this section. classified cyber threat information pursuant ment or agency of the Federal government (2) STATE LAW ENFORCEMENT.—Nothing in to this section has acknowledged in writing to protect sources and methods and the na- this section shall be construed to supersede the ongoing obligation to comply with all tional security of the United States. any statute or other law of a State or polit- laws, executive orders, and procedures con- (b) ANTI-TASKING RESTRICTION.—Nothing in ical subdivision of a State concerning the cerning the appropriate handling, disclosure, this title shall be construed to permit the use of authorized law enforcement tech- or use of classified information. Federal government— niques. (b) UNCLASSIFIED CYBER THREAT INFORMA- (1) to require an entity to share informa- (3) PUBLIC DISCLOSURE.—No information TION.—The heads of each department or tion with the Federal government, except as shared with or provided to a State, tribal, or agency containing a cybersecurity center expressly provided under section 102(b); or local government or government agency pur- shall jointly develop and promulgate proce- (2) to condition the sharing of cyber threat suant to this section shall be made publicly dures that ensure that, consistent with the information with an entity on such entity’s available pursuant to any State, tribal, or provisions of this section, unclassified, in- provision of cyber threat information to the local law requiring disclosure of information cluding controlled unclassified, cyber threat Federal government. or records. information in the possession of the Federal (c) NO LIABILITY FOR NON-PARTICIPATION.— (g) CIVIL AND CRIMINAL LIABILITY.— government— Nothing in this title shall be construed to (1) GENERAL PROTECTIONS.— (1) is shared, through the cybersecurity subject any entity to liability for choosing (A) PRIVATE ENTITIES.—No cause of action centers, in an immediate and adequate man- not to engage in the voluntary activities au- shall lie or be maintained in any court ner with appropriate entities; and thorized under this title. against any private entity for— (2) if appropriate, is made publicly avail- (d) USE AND RETENTION OF INFORMATION.— (i) the use of countermeasures and cyberse- able. Nothing in this title shall be construed to curity systems as authorized by this title; (c) DEVELOPMENT OF PROCEDURES.— authorize, or to modify any existing author- (ii) the use, receipt, or disclosure of any (1) IN GENERAL.—The procedures developed ity of, a department or agency of the Federal cyber threat information as authorized by under this section shall incorporate, to the government to retain or use any information this title; or greatest extent possible, existing processes shared under section 102 for any use other (iii) the subsequent actions or inactions of utilized by sector specific information shar- than a use permitted under section 102(c)(1). any lawful recipient of cyber threat informa- ing and analysis centers. (e) NO NEW FUNDING.—An applicable Fed- tion provided by such private entity. (2) COORDINATION WITH ENTITIES.—In devel- eral agency shall carry out the provisions of (B) ENTITIES.—No cause of action shall lie oping the procedures required under this sec- this title with existing facilities and funds or be maintained in any court against any tion, the Director of National Intelligence otherwise available, through such means as entity for— and the heads of each department or agency the head of the agency considers appropriate. (i) the use, receipt, or disclosure of any containing a cybersecurity center shall co- SEC. 105. REPORT ON IMPLEMENTATION. cyber threat information as authorized by ordinate with appropriate entities to ensure (a) CONTENT OF REPORT.—Not later than 1 this title; or that protocols are implemented that will fa- year after the date of enactment of this Act, (ii) the subsequent actions or inactions of cilitate and promote the sharing of cyber and biennially thereafter, the heads of each any lawful recipient of cyber threat informa- threat information by the Federal govern- department or agency containing a cyberse- tion provided by such entity. ment. curity center shall jointly submit, in coordi- (2) CONSTRUCTION.—Nothing in this sub- (d) ADDITIONAL RESPONSIBILITIES OF CYBER- nation with the privacy and civil liberties of- section shall be construed as creating any SECURITY CENTERS.—Consistent with section ficials of such departments or agencies and immunity against, or otherwise affecting, 102, a cybersecurity center shall— the Privacy and Civil Liberties Oversight

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5751 Board, a detailed report to Congress con- (3) by adding at the end the following: Threat Operations Center, the National Cy- cerning the implementation of this title, in- ‘‘(10) information shared with or provided bersecurity and Communications Integration cluding— to a cybersecurity center under section 102 of Center, and any successor center. (1) an assessment of the sufficiency of the title I of the Strengthening and Enhancing ‘‘(4) CYBER THREAT INFORMATION.—The procedures developed under section 103 of Cybersecurity by Using Research, Education, term ‘cyber threat information’ means infor- this Act in ensuring that cyber threat infor- Information, and Technology Act of 2012.’’. mation that indicates or describes— mation in the possession of the Federal gov- SEC. 108. ACCESS TO CLASSIFIED INFORMATION. ‘‘(A) a technical or operation vulnerability ernment is provided in an immediate and (a) AUTHORIZATION REQUIRED.—No person or a cyber threat mitigation measure; adequate manner to appropriate entities or, shall be provided with access to classified in- ‘‘(B) an action or operation to mitigate a if appropriate, is made publicly available; formation (as defined in section 6.1 of Execu- cyber threat; (2) an assessment of whether information tive Order 13526 (50 U.S.C. 435 note; relating ‘‘(C) malicious reconnaissance, including has been appropriately classified and an ac- to classified national security information)) anomalous patterns of network activity that counting of the number of security clear- relating to cyber security threats or cyber appear to be transmitted for the purpose of ances authorized by the Federal government security vulnerabilities under this title with- gathering technical information related to a for purposes of this title; out the appropriate security clearances. cybersecurity threat; (3) a review of the type of cyber threat in- (b) SECURITY CLEARANCES.—The appro- ‘‘(D) a method of defeating a technical con- formation shared with a cybersecurity cen- priate Federal agencies or departments trol; ter under section 102 of this Act, including shall, consistent with applicable procedures ‘‘(E) a method of defeating an operational whether such information meets the defini- and requirements, and if otherwise deemed control; tion of cyber threat information under sec- appropriate, assist an individual in timely ‘‘(F) network activity or protocols known tion 101, the degree to which such informa- obtaining an appropriate security clearance to be associated with a malicious cyber actor tion may impact the privacy and civil lib- where such individual has been determined or that signify malicious cyber intent; erties of individuals, any appropriate to be eligible for such clearance and has a ‘‘(G) a method of causing a user with le- metrics to determine any impact of the shar- need-to-know (as defined in section 6.1 of gitimate access to an information system or ing of such information with the Federal that Executive Order) classified information information that is stored on, processed by, government on privacy and civil liberties, to carry out this title. or transiting an information system to inad- and the adequacy of any steps taken to re- TITLE II—COORDINATION OF FEDERAL vertently enable the defeat of a technical or duce such impact; INFORMATION SECURITY POLICY operational control; (4) a review of actions taken by the Federal SEC. 201. COORDINATION OF FEDERAL INFORMA- ‘‘(H) any other attribute of a cybersecurity government based on information provided TION SECURITY POLICY. threat or cyber defense information that to a cybersecurity center under section 102 of (a) IN GENERAL.—Chapter 35 of title 44, would foster situational awareness of the this Act, including the appropriateness of United States Code, is amended by striking United States cybersecurity posture, if dis- any subsequent use under section 102(c)(1) of subchapters II and III and inserting the fol- closure of such attribute or information is this Act and whether there was inappro- lowing: not otherwise prohibited by law; priate stovepiping within the Federal gov- ‘‘SUBCHAPTER II—INFORMATION ‘‘(I) the actual or potential harm caused by ernment of any such information; SECURITY a cyber incident, including information (5) a description of any violations of the re- exfiltrated when it is necessary in order to ‘‘§ 3551. Purposes quirements of this title by the Federal gov- identify or describe a cybersecurity threat; ernment; ‘‘The purposes of this subchapter are— or (6) a classified list of entities that received ‘‘(1) to provide a comprehensive framework ‘‘(J) any combination of subparagraphs (A) classified information from the Federal gov- for ensuring the effectiveness of information through (I). security controls over information resources ernment under section 103 of this Act and a ‘‘(5) DIRECTOR.—The term ‘Director’ means description of any indication that such infor- that support Federal operations and assets; the Director of the Office of Management mation may not have been appropriately ‘‘(2) to recognize the highly networked na- and Budget unless otherwise specified. ture of the current Federal computing envi- handled; ‘‘(6) ENVIRONMENT OF OPERATION.—The (7) a summary of any breach of informa- ronment and provide effective government- term ‘environment of operation’ means the tion security, if known, attributable to a wide management of policies, directives, information system and environment in specific failure by any entity or the Federal standards, and guidelines, as well as effec- which those systems operate, including government to act on cyber threat informa- tive and nimble oversight of and response to changing threats, vulnerabilities, tech- tion in the possession of such entity or the information security risks, including coordi- nologies, and missions and business prac- Federal government that resulted in sub- nation of information security efforts tices. throughout the Federal civilian, national se- stantial economic harm or injury to a spe- ‘‘(7) FEDERAL INFORMATION SYSTEM.—The cific entity or the Federal government; and curity, and law enforcement communities; term ‘Federal information system’ means an (8) any recommendation for improvements ‘‘(3) to provide for development and main- information system used or operated by an or modifications to the authorities under tenance of controls required to protect agen- executive agency, by a contractor of an exec- this title. cy information and information systems and utive agency, or by another organization on (b) FORM OF REPORT.—The report under contribute to the overall improvement of behalf of an executive agency. subsection (a) shall be submitted in unclassi- agency information security posture; ‘‘(8) INCIDENT.—The term ‘incident’ means fied form, but shall include a classified ‘‘(4) to provide for the development of tools an occurrence that— annex. and methods to assess and respond to real- ‘‘(A) actually or imminently jeopardizes SEC. 106. INSPECTOR GENERAL REVIEW. time situational risk for Federal informa- the integrity, confidentiality, or availability (a) IN GENERAL.—The Council of the In- tion system operations and assets; and of an information system or the information spectors General on Integrity and Efficiency ‘‘(5) to provide a mechanism for improving that system controls, processes, stores, or are authorized to review compliance by the agency information security programs transmits; or cybersecurity centers, and by any Federal through continuous monitoring of agency in- ‘‘(B) constitutes a violation of law or an department or agency receiving cyber threat formation systems and streamlined report- imminent threat of violation of a law, a se- information from such cybersecurity cen- ing requirements rather than overly pre- curity policy, a security procedure, or an ac- ters, with the procedures required under sec- scriptive manual reporting. tion 102 of this Act. ceptable use policy. ‘‘§ 3552. Definitions (b) SCOPE OF REVIEW.—The review under ‘‘(9) INFORMATION RESOURCES.—The term subsection (a) shall consider whether the ‘‘In this subchapter: ‘information resources’ has the meaning Federal government has handled such cyber ‘‘(1) ADEQUATE SECURITY.—The term ‘ade- given the term in section 3502 of title 44. threat information in a reasonable manner, quate security’ means security commensu- ‘‘(10) INFORMATION SECURITY.—The term including consideration of the need to pro- rate with the risk and magnitude of the ‘information security’ means protecting in- tect the privacy and civil liberties of individ- harm resulting from the unauthorized access formation and information systems from dis- uals through anonymization or other appro- to or loss, misuse, destruction, or modifica- ruption or unauthorized access, use, disclo- priate methods, while fully accomplishing tion of information. sure, modification, or destruction in order to the objectives of this title. ‘‘(2) AGENCY.—The term ‘agency’ has the provide— (c) REPORT TO CONGRESS.—Each review meaning given the term in section 3502 of ‘‘(A) integrity, by guarding against im- conducted under this section shall be pro- title 44. proper information modification or destruc- vided to Congress not later than 30 days after ‘‘(3) CYBERSECURITY CENTER.—The term tion, including by ensuring information non- the date of completion of the review. ‘cybersecurity center’ means the Depart- repudiation and authenticity; SEC. 107. TECHNICAL AMENDMENTS. ment of Defense Cyber Crime Center, the In- ‘‘(B) confidentiality, by preserving author- Section 552(b) of title 5, United States telligence Community Incident Response ized restrictions on access and disclosure, in- Code, is amended— Center, the United States Cyber Command cluding means for protecting personal pri- (1) in paragraph (8), by striking ‘‘or’’; Joint Operations Center, the National Cyber vacy and proprietary information; or (2) in paragraph (9), by striking ‘‘wells.’’ Investigative Joint Task Force, the National ‘‘(C) availability, by ensuring timely and and inserting ‘‘wells; or’’; and Security Agency/Central Security Service reliable access to and use of information.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5752 CONGRESSIONAL RECORD — SENATE July 31, 2012

‘‘(11) INFORMATION SYSTEM.—The term ‘in- ‘‘§ 3553. Federal information security author- the President and, in accordance with that formation system’ has the meaning given the ity and coordination direction, carried out under the authority of term in section 3502 of title 44. ‘‘(a) IN GENERAL.—The Secretary, in con- the heads of agencies that operate or exer- ‘‘(12) INFORMATION TECHNOLOGY.—The term sultation with the Secretary of Homeland cise authority over such national security ‘information technology’ has the meaning Security, shall— systems. ‘‘(d) STATUTORY CONSTRUCTION.—Nothing given the term in section 11101 of title 40. ‘‘(1) issue compulsory and binding policies in this subchapter shall be construed to alter ‘‘(13) MALICIOUS RECONNAISSANCE.—The and directives governing agency information or amend any law regarding the authority of security operations, and require implemen- term ‘malicious reconnaissance’ means a any head of an agency over such agency. method for actively probing or passively tation of such policies and directives, includ- ‘‘§ 3554. Agency responsibilities monitoring an information system for the ing— ‘‘(a) IN GENERAL.—The head of each agency purpose of discerning technical ‘‘(A) policies and directives consistent with shall— vulnerabilities of the information system, if the standards and guidelines promulgated under section 11331 of title 40 to identify and ‘‘(1) be responsible for— such method is associated with a known or ‘‘(A) complying with the policies and direc- suspected cybersecurity threat. provide information security protections prioritized and commensurate with the risk tives issued under section 3553; ‘‘(14) NATIONAL SECURITY SYSTEM.— and impact resulting from the unauthorized ‘‘(B) providing information security pro- ‘‘(A) IN GENERAL.—The term ‘national secu- access, use, disclosure, disruption, modifica- tections commensurate with the risk result- rity system’ means any information system tion, or destruction of— ing from unauthorized access, use, disclo- (including any telecommunications system) ‘‘(i) information collected or maintained sure, disruption, modification, or destruction used or operated by an agency or by a con- by or on behalf of an agency; or of— tractor of an agency, or other organization ‘‘(ii) information systems used or operated ‘‘(i) information collected or maintained on behalf of an agency— by an agency or by a contractor of an agency by the agency or by a contractor of an agen- ‘‘(i) the function, operation, or use of or other organization on behalf of an agency; cy or other organization on behalf of an which— ‘‘(B) minimum operational requirements agency; and ‘‘(I) involves intelligence activities; for Federal Government to protect agency ‘‘(ii) information systems used or operated ‘‘(II) involves cryptologic activities related information systems and provide common by an agency or by a contractor of an agency or other organization on behalf of an agency; to national security; situational awareness across all agency in- ‘‘(C) complying with the requirements of ‘‘(III) involves command and control of formation systems; this subchapter, including— military forces; ‘‘(C) reporting requirements, consistent ‘‘(i) information security standards and ‘‘(IV) involves equipment that is an inte- with relevant law, regarding information se- guidelines promulgated under section 11331 gral part of a weapon or weapons system; or curity incidents and cyber threat informa- of title 40; ‘‘(V) subject to subparagraph (B), is crit- tion; ‘‘(ii) for any national security systems op- ‘‘(D) requirements for agencywide informa- ical to the direct fulfillment of military or erated or controlled by that agency, infor- tion security programs; intelligence missions; or mation security policies, directives, stand- ‘‘(E) performance requirements and ‘‘(ii) is protected at all times by procedures ards and guidelines issued as directed by the established for information that have been metrics for the security of agency informa- President; and specifically authorized under criteria estab- tion systems; ‘‘(iii) for any non-national security sys- lished by an Executive Order or an Act of ‘‘(F) training requirements to ensure that tems operated or controlled by that agency, Congress to be kept classified in the interest agencies are able to fully and timely comply information security policies, directives, of national defense or foreign policy. with the policies and directives issued by the standards and guidelines issued under sec- ‘‘(B) LIMITATION.—Subparagraph (A)(i)(V) Secretary under this subchapter; tion 3553; does not include a system that is to be used ‘‘(G) training requirements regarding pri- ‘‘(D) ensuring that information security for routine administrative and business ap- vacy, civil rights, and civil liberties, and in- management processes are integrated with formation oversight for agency information plications (including payroll, finance, logis- agency strategic and operational planning security personnel; tics, and personnel management applica- processes; ‘‘(H) requirements for the annual reports tions). ‘‘(E) reporting and sharing, for an agency to the Secretary under section 3554(d); operating or exercising control of a national ‘‘(15) OPERATIONAL CONTROL.—The term ‘‘(I) any other information security oper- ‘operational control’ means a security con- security system, information about informa- ations or information security requirements tion security incidents, cyber threat infor- trol for an information system that pri- as determined by the Secretary in coordina- marily is implemented and executed by peo- mation, and deterioration of security con- tion with relevant agency heads; and trols to the individual or entity designated ple. ‘‘(J) coordinating the development of at each cybersecurity center and to other ap- ‘‘(16) PERSON.—The term ‘person’ has the standards and guidelines under section 20 of propriate entities consistent with policies meaning given the term in section 3502 of the National Institute of Standards and and directives for national security systems title 44. Technology Act (15 U.S.C. 278g–3) with agen- issued as directed by the President; and ‘‘(17) SECRETARY.—The term ‘Secretary’ cies and offices operating or exercising con- ‘‘(F) reporting and sharing, for those agen- means the Secretary of Commerce unless trol of national security systems (including cies operating or exercising control of non- otherwise specified. the National Security Agency) to assure, to national security systems, information ‘‘(18) SECURITY CONTROL.—The term ‘secu- the maximum extent feasible, that such about information security incidents, cyber rity control’ means the management, oper- standards and guidelines are complementary threat information, and deterioration of se- ational, and technical controls, including with standards and guidelines developed for curity controls to the individual or entity safeguards or countermeasures, prescribed national security systems; designated at each cybersecurity center and for an information system to protect the ‘‘(2) review the agencywide information se- to other appropriate entities consistent with confidentiality, integrity, and availability of curity programs under section 3554; and policies and directives for non-national secu- the system and its information. ‘‘(3) designate an individual or an entity at rity systems as prescribed under section ‘‘(19) SIGNIFICANT CYBER INCIDENT.—The each cybersecurity center, among other re- 3553(a), including information to assist the term ‘significant cyber incident’ means a sponsibilities— entity designated under section 3555(a) with cyber incident resulting in, or an attempted ‘‘(A) to receive reports and information the ongoing security analysis under section cyber incident that, if successful, would have about information security incidents, cyber 3555; resulted in— threat information, and deterioration of se- ‘‘(2) ensure that each senior agency official ‘‘(A) the exfiltration from a Federal infor- curity control affecting agency information provides information security for the infor- systems; and mation and information systems that sup- mation system of data that is essential to ‘‘(B) to act on or share the information port the operations and assets under the sen- the operation of the Federal information sys- under subparagraph (A) in accordance with ior agency official’s control, including by— tem; or this subchapter. ‘‘(A) assessing the risk and impact that ‘‘(B) an incident in which an operational or ‘‘(b) CONSIDERATIONS.—When issuing poli- could result from the unauthorized access, technical control essential to the security or cies and directives under subsection (a), the use, disclosure, disruption, modification, or operation of a Federal information system Secretary shall consider any applicable destruction of such information or informa- was defeated. standards or guidelines developed by the Na- tion systems; ‘‘(20) TECHNICAL CONTROL.—The term ‘tech- tional Institute of Standards and Technology ‘‘(B) determining the level of information nical control’ means a hardware or software under section 11331 of title 40. security appropriate to protect such infor- restriction on, or audit of, access or use of an ‘‘(c) LIMITATION OF AUTHORITY.—The au- mation and information systems in accord- information system or information that is thorities of the Secretary under this section ance with policies and directives issued stored on, processed by, or transiting an in- shall not apply to national security systems. under section 3553(a), and standards and formation system that is intended to ensure Information security policies, directives, guidelines promulgated under section 11331 the confidentiality, integrity, or availability standards and guidelines for national secu- of title 40 for information security classifica- of that system. rity systems shall be overseen as directed by tions and related requirements;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5753 ‘‘(C) implementing policies, procedures, the policies and directives under section 3553; ‘‘(A) are based on the risk management and capabilities to reduce risks to an accept- and strategy under paragraph (2); able level in a cost-effective manner; ‘‘(B) reports any information security inci- ‘‘(B) reduce information security risks to ‘‘(D) actively monitoring the effective im- dent under subparagraph (A) to the entity an acceptable level in a cost-effective man- plementation of information security con- designated under section 3555; ner; trols and techniques; and ‘‘(2) develop, maintain, and oversee an ‘‘(C) ensure that cost-effective and ade- ‘‘(E) reporting information about informa- agencywide information security program; quate information security is addressed as tion security incidents, cyber threat infor- ‘‘(3) develop, maintain, and oversee infor- part of the acquisition and ongoing manage- mation, and deterioration of security con- mation security policies, procedures, and ment of each agency information system; trols in a timely and adequate manner to the control techniques to address applicable re- and entity designated under section 3553(a)(3) in quirements, including requirements under ‘‘(D) ensure compliance with— accordance with paragraph (1); section 3553 of this title and section 11331 of ‘‘(i) this subchapter; and ‘‘(3) assess and maintain the resiliency of title 40; and ‘‘(ii) any other applicable requirements. information technology systems critical to ‘‘(4) train and oversee the agency personnel ‘‘(4) TRAINING REQUIREMENTS.—Each agen- agency mission and operations; who have significant responsibility for infor- cywide information security program under ‘‘(4) designate the agency Inspector Gen- mation security with respect to that respon- subsection (b)(2) shall include information eral (or an independent entity selected in sibility. security, privacy, civil rights, civil liberties, consultation with the Director and the Coun- ‘‘(c) AGENCYWIDE INFORMATION SECURITY and information oversight training that cil of Inspectors General on Integrity and Ef- PROGRAMS.— meets any applicable requirements under ficiency if the agency does not have an In- ‘‘(1) IN GENERAL.—Each agencywide infor- section 3553. The training shall inform each spector General) to conduct the annual inde- mation security program under subsection information security personnel that has ac- pendent evaluation required under section (b)(2) shall include— cess to agency information systems (includ- 3556, and allow the agency Inspector General ‘‘(A) relevant security risk assessments, ing contractors and other users of informa- to contract with an independent entity to including technical assessments and others tion systems that support the operations and perform such evaluation; related to the acquisition process; assets of the agency) of— ‘‘(5) delegate to the Chief Information Offi- ‘‘(B) security testing commensurate with ‘‘(A) the information security risks associ- cer or equivalent (or to a senior agency offi- risk and impact; ated with the information security person- cial who reports to the Chief Information Of- ‘‘(C) mitigation of deterioration of security nel’s activities; and ficer or equivalent)— controls commensurate with risk and im- ‘‘(B) the individual’s responsibility to com- ‘‘(A) the authority and primary responsi- pact; ply with the agency policies and procedures bility to implement an agencywide informa- ‘‘(D) risk-based continuous monitoring and that reduce the risks under subparagraph tion security program; and threat assessment of the operational status (A). ‘‘(B) the authority to provide information and security of agency information systems ‘‘(d) ANNUAL REPORT.—Each agency shall security for the information collected and to enable evaluation of the effectiveness of submit a report annually to the Secretary of maintained by the agency (or by a con- and compliance with information security Homeland Security on its agencywide infor- tractor, other agency, or other source on be- policies, procedures, and practices, including mation security program and information half of the agency) and for the information a relevant and appropriate selection of secu- systems. systems that support the operations, assets, rity controls of information systems identi- ‘‘§ 3555. Multiagency ongoing threat assess- and mission of the agency (including any in- fied in the inventory under section 3505(c); ment formation system provided or managed by a ‘‘(E) operation of appropriate technical ca- ‘‘(a) IMPLEMENTATION.—The Director of the contractor, other agency, or other source on pabilities in order to detect, mitigate, re- Office of Management and Budget, in coordi- behalf of the agency); port, and respond to information security in- nation with the Secretary of Homeland Secu- ‘‘(6) delegate to the appropriate agency of- cidents, cyber threat information, and dete- rity, shall designate an entity to implement ficial (who is responsible for a particular rioration of security controls in a manner ongoing security analysis concerning agency agency system or subsystem) the responsi- that is consistent with the policies and di- information systems— bility to ensure and enforce compliance with rectives under section 3553, including— ‘‘(1) based on cyber threat information; all requirements of the agency’s agencywide ‘‘(i) mitigating risks associated with such ‘‘(2) based on agency information system information security program in coordina- information security incidents; and environment of operation changes, in- tion with the Chief Information Officer or ‘‘(ii) notifying and consulting with the en- cluding— equivalent (or the senior agency official who tity designated under section 3555; and ‘‘(A) an ongoing evaluation of the informa- reports to the Chief Information Officer or ‘‘(iii) notifying and consulting with, as ap- tion system security controls; and equivalent) under paragraph (5); propriate— ‘‘(B) the security state, risk level, and en- ‘‘(7) ensure that an agency has trained per- ‘‘(I) law enforcement and the relevant Of- vironment of operation of an agency infor- sonnel who have obtained any necessary se- fice of the Inspector General; and mation system, including— curity clearances to permit them to assist ‘‘(II) any other entity, in accordance with ‘‘(i) a change in risk level due to a new the agency in complying with this sub- law and as directed by the President; cyber threat; chapter; ‘‘(F) a process to ensure that remedial ac- ‘‘(ii) a change resulting from a new tech- ‘‘(8) ensure that the Chief Information Offi- tion is taken to address any deficiencies in nology; cer or equivalent (or the senior agency offi- the information security policies, proce- ‘‘(iii) a change resulting from the agency’s cial who reports to the Chief Information Of- dures, and practices of the agency; and mission; and ficer or equivalent) under paragraph (5), in ‘‘(G) a plan and procedures to ensure the ‘‘(iv) a change resulting from the business coordination with other senior agency offi- continuity of operations for information sys- practice; and cials, reports to the agency head on the ef- tems that support the operations and assets ‘‘(3) using automated processes to the max- fectiveness of the agencywide information of the agency. imum extent possible— security program, including the progress of ‘‘(2) RISK MANAGEMENT STRATEGIES.—Each ‘‘(A) to increase information system secu- any remedial actions; and agencywide information security program rity; ‘‘(9) ensure that the Chief Information Offi- under subsection (b)(2) shall include the de- ‘‘(B) to reduce paper-based reporting re- cer or equivalent (or the senior agency offi- velopment and maintenance of a risk man- quirements; and cial who reports to the Chief Information Of- agement strategy for information security. ‘‘(C) to maintain timely and actionable ficer or equivalent) under paragraph (5) has The risk management strategy shall in- knowledge of the state of the information the necessary qualifications to administer clude— system security. the functions described in this subchapter ‘‘(A) consideration of information security ‘‘(b) STANDARDS.—The National Institute and has information security duties as a pri- incidents, cyber threat information, and de- of Standards and Technology may promul- mary duty of that official. terioration of security controls; and gate standards, in coordination with the Sec- ‘‘(b) CHIEF INFORMATION OFFICERS.—Each ‘‘(B) consideration of the consequences retary of Homeland Security, to assist an Chief Information Officer or equivalent (or that could result from the unauthorized ac- agency with its duties under this section. the senior agency official who reports to the cess, use, disclosure, disruption, modifica- ‘‘(c) COMPLIANCE.—The head of each appro- Chief Information Officer or equivalent) tion, or destruction of information and infor- priate department and agency shall be re- under subsection (a)(5) shall— mation systems that support the operations sponsible for ensuring compliance and imple- ‘‘(1) establish and maintain an enterprise and assets of the agency, including any in- menting necessary procedures to comply security operations capability that on a con- formation system provided or managed by a with this section. The head of each appro- tinuous basis— contractor, other agency, or other source on priate department and agency, in consulta- ‘‘(A) detects, reports, contains, mitigates, behalf of the agency; tion with the Director of the Office of Man- and responds to information security inci- ‘‘(3) POLICIES AND PROCEDURES.—Each agen- agement and Budget and the Secretary of dents that impair adequate security of the cywide information security program under Homeland Security, shall— agency’s information or information system subsection (b)(2) shall include policies and ‘‘(1) monitor compliance under this sec- in a timely manner and in accordance with procedures that— tion;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5754 CONGRESSIONAL RECORD — SENATE July 31, 2012 ‘‘(2) develop a timeline and implement for States Code (as in effect on the day before of Commerce shall prescribe standards and the department or agency— the date of enactment of this Act), shall con- guidelines pertaining to Federal information ‘‘(A) adoption of any technology, system, tinue in effect, according to its terms, until systems— or method that facilitates continuous moni- modified, terminated, superseded, or re- ‘‘(A) in consultation with the Secretary of toring and threat assessments of an agency pealed pursuant to section 3553(a)(1) of title Homeland Security; and information system; 44, United States Code. ‘‘(B) on the basis of standards and guide- ‘‘(B) adoption or updating of any tech- (2) STANDARDS AND GUIDELINES.—Standards lines developed by the National Institute of nology, system, or method that prevents, de- and guidelines issued by the Secretary of Standards and Technology under paragraphs tects, or remediates a significant cyber inci- Commerce or by the Director before the date (2) and (3) of section 20(a) of the National In- dent to a Federal information system of the of enactment of this Act under section stitute of Standards and Technology Act (15 department or agency that has impeded, or 11331(a)(1) of title 40, United States Code, (as U.S.C. 278g–3(a)(2) and (a)(3)). is reasonably likely to impede, the perform- in effect on the day before the date of enact- ‘‘(2) NATIONAL SECURITY SYSTEMS.—Stand- ance of a critical mission of the department ment of this Act) shall continue in effect, ac- ards and guidelines for national security sys- or agency; and cording to their terms, until modified, ter- tems shall be developed, prescribed, en- ‘‘(C) adoption of any technology, system, minated, superseded, or repealed pursuant to forced, and overseen as otherwise authorized or method that satisfies a requirement under section 11331(a)(1) of title 40, United States by law and as directed by the President. this section. Code, as amended by this Act. ‘‘(b) MANDATORY STANDARDS AND GUIDE- ‘‘(d) LIMITATION OF AUTHORITY.—The au- (c) TECHNICAL AND CONFORMING AMEND- LINES.— thorities of the Director of the Office of Man- MENTS.— ‘‘(1) AUTHORITY TO MAKE MANDATORY STAND- agement and Budget and of the Secretary of (1) CHAPTER ANALYSIS.—The chapter anal- ARDS AND GUIDELINES.—The Secretary of Homeland Security under this section shall ysis for chapter 35 of title 44, United States Commerce shall make standards and guide- not apply to national security systems. Code, is amended— lines under subsection (a)(1) compulsory and ‘‘(e) REPORT.—Not later than 6 months (A) by striking the items relating to sec- binding to the extent determined necessary after the date of enactment of the Strength- tions 3531 through 3538; by the Secretary of Commerce to improve ening and Enhancing Cybersecurity by Using (B) by striking the items relating to sec- the efficiency of operation or security of Research, Education, Information, and Tech- tions 3541 through 3549; and Federal information systems. nology Act of 2012, the Government Account- (C) by inserting the following: ‘‘(2) REQUIRED MANDATORY STANDARDS AND ability Office shall issue a report evaluating ‘‘3551. Purposes. GUIDELINES.— each agency’s status toward implementing ‘‘3552. Definitions. ‘‘(A) IN GENERAL.—Standards and guide- this section. ‘‘3553. Federal information security author- lines under subsection (a)(1) shall include in- ity and coordination. formation security standards that— ‘‘§ 3556. Independent evaluations ‘‘3554. Agency responsibilities. ‘‘(i) provide minimum information security ‘‘(a) IN GENERAL.—The Council of the In- ‘‘3555. Multiagency ongoing threat assess- requirements as determined under section spectors General on Integrity and Efficiency, ment. 20(b) of the National Institute of Standards in consultation with the Director and the ‘‘3556. Independent evaluations. and Technology Act (15 U.S.C. 278g–3(b)); and ‘‘3557. National security systems.’’. Secretary of Homeland Security, the Sec- ‘‘(ii) are otherwise necessary to improve (2) OTHER REFERENCES.— retary of Commerce, and the Secretary of the security of Federal information and in- (A) Section 1001(c)(1)(A) of the Homeland Defense, shall issue and maintain criteria for formation systems. the timely, cost-effective, risk-based, and Security Act of 2002 (6 U.S.C. 511(1)(A)) is ‘‘(B) BINDING EFFECT.—Information secu- amended by striking ‘‘section 3532(3)’’ and in- independent evaluation of each agencywide rity standards under subparagraph (A) shall serting ‘‘section 3552’’. information security program (and prac- be compulsory and binding. (B) Section 2222(j)(5) of title 10, United tices) to determine the effectiveness of the ‘‘(c) EXERCISE OF AUTHORITY.—To ensure agencywide information security program States Code, is amended by striking ‘‘section fiscal and policy consistency, the Secretary (and practices). The criteria shall include 3542(b)(2)’’ and inserting ‘‘section 3552’’. of Commerce shall exercise the authority measures to assess any conflicts of interest (C) Section 2223(c)(3) of title 10, United conferred by this section subject to direction in the performance of the evaluation and States Code, is amended, by striking ‘‘sec- by the President and in coordination with whether the agencywide information secu- tion 3542(b)(2)’’ and inserting ‘‘section 3552’’. the Director. rity program includes appropriate safeguards (D) Section 2315 of title 10, United States ‘‘(d) APPLICATION OF MORE STRINGENT against disclosure of information where such Code, is amended by striking ‘‘section STANDARDS AND GUIDELINES.—The head of an disclosure may adversely affect information 3542(b)(2)’’ and inserting ‘‘section 3552’’. executive agency may employ standards for security. (E) Section 20 of the National Institute of the cost-effective information security for ‘‘(b) ANNUAL INDEPENDENT EVALUATIONS.— Standards and Technology Act (15 U.S.C. information systems within or under the su- Each agency shall perform an annual inde- 278g–3) is amended— pervision of that agency that are more strin- pendent evaluation of its agencywide infor- (i) in subsection (a)(2), by striking ‘‘section gent than the standards and guidelines the mation security program (and practices) in 3532(b)(2)’’ and inserting ‘‘section 3552’’; Secretary of Commerce prescribes under this accordance with the criteria under sub- (ii) in subsection (c)(3), by striking ‘‘Direc- section if the more stringent standards and section (a). tor of the Office of Management and Budget’’ guidelines— ‘‘(c) DISTRIBUTION OF REPORTS.—Not later and inserting ‘‘Secretary of Commerce’’; ‘‘(1) contain at least the applicable stand- than 30 days after receiving an independent (iii) in subsection (d)(1), by striking ‘‘Di- ards and guidelines made compulsory and evaluation under subsection (b), each agency rector of the Office of Management and binding by the Secretary of Commerce; and head shall transmit a copy of the inde- Budget’’ and inserting ‘‘Secretary of Com- ‘‘(2) are otherwise consistent with the poli- pendent evaluation to the Secretary of merce’’; cies, directives, and implementation memo- Homeland Security, the Secretary of Com- (iv) in subsection (d)(8) by striking ‘‘Direc- randa issued under section 3553(a) of title 44. merce, and the Secretary of Defense. tor of the Office of Management and Budget’’ ‘‘(e) DECISIONS ON PROMULGATION OF STAND- ‘‘(d) NATIONAL SECURITY SYSTEMS.—Eval- and inserting ‘‘Secretary of Commerce’’; ARDS AND GUIDELINES.—The decision by the uations involving national security systems (v) in subsection (d)(8), by striking ‘‘sub- Secretary of Commerce regarding the pro- shall be conducted as directed by President. mitted to the Director’’ and inserting ‘‘sub- mulgation of any standard or guideline ‘‘§ 3557. National security systems. mitted to the Secretary’’; under this section shall occur not later than 6 months after the date of submission of the ‘‘The head of each agency operating or ex- (vi) in subsection (e)(2), by striking ‘‘sec- tion 3532(1) of such title’’ and inserting ‘‘sec- proposed standard to the Secretary of Com- ercising control of a national security sys- merce by the National Institute of Standards tem shall be responsible for ensuring that tion 3552 of title 44’’; and (vii) in subsection (e)(5), by striking ‘‘sec- and Technology under section 20 of the Na- the agency— tional Institute of Standards and Technology ‘‘(1) provides information security protec- tion 3532(b)(2) of such title’’ and inserting ‘‘section 3552 of title 44’’. Act (15 U.S.C. 278g–3). tions commensurate with the risk and mag- ‘‘(f) NOTICE AND COMMENT.—A decision by (F) Section 8(d)(1) of the Cyber Security nitude of the harm resulting from the unau- the Secretary of Commerce to significantly Research and Development Act (15 U.S.C. thorized access, use, disclosure, disruption, modify, or not promulgate, a proposed stand- modification, or destruction of the informa- 7406(d)(1)) is amended by striking ‘‘section ard submitted to the Secretary by the Na- tion contained in such system; and 3534(b)’’ and inserting ‘‘section 3554(b)(2)’’. tional Institute of Standards and Technology ‘‘(2) implements information security poli- SEC. 202. MANAGEMENT OF INFORMATION TECH- under section 20 of the National Institute of cies and practices as required by standards NOLOGY. Standards and Technology Act (15 U.S.C. and guidelines for national security systems, (a) IN GENERAL.—Section 11331 of title 40, 278g–3) shall be made after the public is given issued in accordance with law and as di- United States Code, is amended to read as an opportunity to comment on the Sec- rected by the President.’’. follows: retary’s proposed decision. (b) SAVINGS PROVISIONS.— ‘‘§ 11331. Responsibilities for Federal informa- ‘‘(g) DEFINITIONS.—In this section: (1) POLICY AND COMPLIANCE GUIDANCE.—Pol- tion systems standards ‘‘(1) FEDERAL INFORMATION SYSTEM.—The icy and compliance guidance issued by the ‘‘(a) STANDARDS AND GUIDELINES.— term ‘Federal information system’ has the Director before the date of enactment of this ‘‘(1) AUTHORITY TO PRESCRIBE.—Except as meaning given the term in section 3552 of Act under section 3543(a)(1) of title 44, United provided under paragraph (2), the Secretary title 44.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5755

‘‘(2) INFORMATION SECURITY.—The term ‘in- States Government in furtherance of the ad- commission of any violation of this section, formation security’ has the meaning given ministration of justice, national defense, or or a conspiracy to violate this section. the term in section 3552 of title 44. national security; or ‘‘(2) Seizures and forfeitures under this ‘‘(3) NATIONAL SECURITY SYSTEM.—The term ‘‘(vi) damage affecting 10 or more pro- subsection shall be governed by the provi- ‘national security system’ has the meaning tected computers during any 1-year period; sions in chapter 46 relating to civil forfeit- given the term in section 3552 of title 44.’’. ‘‘(B) a fine under this title, imprisonment ures, except that such duties as are imposed SEC. 203. NO NEW FUNDING. for not more than 20 years, or both, in the on the Secretary of the Treasury under the An applicable Federal agency shall carry case of an offense under subsection (a)(5)(B), customs laws described in section 981(d) shall out the provisions of this title with existing if the offense caused a harm provided in be performed by such officers, agents and facilities and funds otherwise available, clause (i) through (vi) of subparagraph (A) of other persons as may be designated for that through such means as the head of the agen- this subsection; purpose by the Secretary of Homeland Secu- cy considers appropriate. ‘‘(C) if the offender attempts to cause or rity or the Attorney General.’’. SEC. 204. TECHNICAL AND CONFORMING AMEND- knowingly or recklessly causes death from SEC. 305. DAMAGE TO CRITICAL INFRASTRUC- MENTS. conduct in violation of subsection (a)(5)(A), a TURE COMPUTERS. Section 21(b) of the National Institute of fine under this title, imprisonment for any (a) IN GENERAL.—Chapter 47 of title 18, Standards and Technology Act (15 U.S.C. term of years or for life, or both; United States Code, is amended by inserting 278g–4(b)) is amended— ‘‘(D) a fine under this title, imprisonment after section 1030 the following: (1) in paragraph (2), by striking ‘‘and the for not more than 10 years, or both, for any ‘‘§ 1030A. Aggravated damage to a critical in- Director of the Office of Management and other offense under subsection (a)(5); frastructure computer Budget’’ and inserting ‘‘, the Secretary of ‘‘(E) a fine under this title or imprison- ‘‘(a) DEFINITIONS.—In this section— Commerce, and the Secretary of Homeland ment for not more than 10 years, or both, in Security’’; and ‘‘(1) the term ‘computer’ has the meaning the case of an offense under subsection (a)(6) given the term in section 1030; (2) in paragraph (3), by inserting ‘‘, the of this section; or Secretary of Homeland Security,’’ after ‘‘the ‘‘(2) the term ‘critical infrastructure com- ‘‘(F) a fine under this title or imprison- puter’ means a computer that manages or Secretary of Commerce’’. ment for not more than 10 years, or both, in SEC. 205. CLARIFICATION OF AUTHORITIES. controls systems or assets vital to national the case of an offense under subsection (a)(7) defense, national security, national eco- Nothing in this title shall be construed to of this section.’’. convey any new regulatory authority to any nomic security, public health or safety, or SEC. 302. TRAFFICKING IN PASSWORDS. government entity implementing or com- any combination of those matters, whether plying with any provision of this title. Section 1030(a)(6) of title 18, United States publicly or privately owned or operated, in- Code, is amended to read as follows: TITLE III—CRIMINAL PENALTIES cluding— ‘‘(6) knowingly and with intent to defraud ‘‘(A) oil and gas production, storage, con- SEC. 301. PENALTIES FOR FRAUD AND RELATED traffics (as defined in section 1029) in any version, and delivery systems; ACTIVITY IN CONNECTION WITH password or similar information or means of COMPUTERS. ‘‘(B) water supply systems; access through which a protected computer Section 1030(c) of title 18, United States ‘‘(C) telecommunication networks; (as defined in subparagraphs (A) and (B) of Code, is amended to read as follows: ‘‘(D) electrical power generation and deliv- ‘‘(c) The punishment for an offense under subsection (e)(2)) may be accessed without ery systems; subsection (a) or (b) of this section is— authorization.’’. ‘‘(E) finance and banking systems; ‘‘(1) a fine under this title or imprisonment SEC. 303. CONSPIRACY AND ATTEMPTED COM- ‘‘(F) emergency services; for not more than 20 years, or both, in the PUTER FRAUD OFFENSES. ‘‘(G) transportation systems and services; case of an offense under subsection (a)(1) of Section 1030(b) of title 18, United States and this section; Code, is amended by inserting ‘‘as if for the ‘‘(H) government operations that provide ‘‘(2)(A) except as provided in subparagraph completed offense’’ after ‘‘punished as pro- essential services to the public; and (B), a fine under this title or imprisonment vided’’. ‘‘(3) the term ‘damage’ has the meaning for not more than 3 years, or both, in the SEC. 304. CRIMINAL AND CIVIL FORFEITURE FOR given the term in section 1030. case of an offense under subsection (a)(2); or FRAUD AND RELATED ACTIVITY IN ‘‘(b) OFFENSE.—It shall be unlawful, during ‘‘(B) a fine under this title or imprison- CONNECTION WITH COMPUTERS. and in relation to a felony violation of sec- ment for not more than ten years, or both, in Section 1030 of title 18, United States Code, tion 1030, to knowingly cause or attempt to the case of an offense under subsection (a)(2) is amended by striking subsections (i) and (j) cause damage to a critical infrastructure of this section, if— and inserting the following: computer if the damage results in (or, in the ‘‘(i) the offense was committed for pur- ‘‘(i) CRIMINAL FORFEITURE.— case of an attempt, if completed, would have poses of commercial advantage or private fi- ‘‘(1) The court, in imposing sentence on resulted in) the substantial impairment— nancial gain; any person convicted of a violation of this ‘‘(1) of the operation of the critical infra- ‘‘(ii) the offense was committed in the fur- section, or convicted of conspiracy to violate structure computer; or therance of any criminal or tortious act in this section, shall order, in addition to any ‘‘(2) of the critical infrastructure associ- violation of the Constitution or laws of the other sentence imposed and irrespective of ated with the computer. United States, or of any State; or any provision of State law, that such person ‘‘(c) PENALTY.—Any person who violates ‘‘(iii) the value of the information ob- forfeit to the United States— subsection (b) shall be— tained, or that would have been obtained if ‘‘(A) such persons interest in any property, ‘‘(1) fined under this title; the offense was completed, exceeds $5,000; real or personal, that was used, or intended ‘‘(2) imprisoned for not less than 3 years ‘‘(3) a fine under this title or imprisonment to be used, to commit or facilitate the com- but not more than 20 years; or for not more than 10 years, or both, in the mission of such violation; and ‘‘(3) penalized under paragraphs (1) and (2). case of an offense under subsection (a)(3) of ‘‘(B) any property, real or personal, consti- ‘‘(d) CONSECUTIVE SENTENCE.—Notwith- this section; tuting or derived from any gross proceeds, or standing any other provision of law— ‘‘(4) a fine under this title or imprisonment any property traceable to such property, ‘‘(1) a court shall not place on probation of not more than 20 years, or both, in the that such person obtained, directly or indi- any person convicted of a violation of this case of an offense under subsection (a)(4) of rectly, as a result of such violation. section; this section; ‘‘(2) The criminal forfeiture of property ‘‘(2) except as provided in paragraph (4), no ‘‘(5)(A) except as provided in subparagraph under this subsection, including any seizure term of imprisonment imposed on a person (C), a fine under this title, imprisonment for and disposition of the property, and any re- under this section shall run concurrently not more than 20 years, or both, in the case lated judicial or administrative proceeding, with any other term of imprisonment, in- of an offense under subsection (a)(5)(A) of shall be governed by the provisions of sec- cluding any term of imprisonment imposed this section, if the offense caused— tion 413 of the Comprehensive Drug Abuse on the person under any other provision of ‘‘(i) loss to 1 or more persons during any 1- Prevention and Control Act of 1970 (21 U.S.C. law, including any term of imprisonment im- year period (and, for purposes of an inves- 853), except subsection (d) of that section. posed for a felony violation of section 1030; tigation, prosecution, or other proceeding ‘‘(j) CIVIL FORFEITURE.— ‘‘(3) in determining any term of imprison- brought by the United States only, loss re- ‘‘(1) The following shall be subject to for- ment to be imposed for a felony violation of sulting from a related course of conduct af- feiture to the United States and no property section 1030, a court shall not in any way re- fecting 1 or more other protected computers) right, real or personal, shall exist in them: duce the term to be imposed for such crime aggregating at least $5,000 in value; ‘‘(A) Any property, real or personal, that so as to compensate for, or otherwise take ‘‘(ii) the modification or impairment, or was used, or intended to be used, to commit into account, any separate term of imprison- potential modification or impairment, of the or facilitate the commission of any violation ment imposed or to be imposed for a viola- medical examination, diagnosis, treatment, of this section, or a conspiracy to violate tion of this section; and or care of 1 or more individuals; this section. ‘‘(4) a term of imprisonment imposed on a ‘‘(iii) physical injury to any person; ‘‘(B) Any property, real or personal, consti- person for a violation of this section may, in ‘‘(iv) a threat to public health or safety; tuting or derived from any gross proceeds ob- the discretion of the court, run concurrently, ‘‘(v) damage affecting a computer used by, tained directly or indirectly, or any property in whole or in part, only with another term or on behalf of, an entity of the United traceable to such property, as a result of the of imprisonment that is imposed by the

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5756 CONGRESSIONAL RECORD — SENATE July 31, 2012 court at the same time on that person for an ‘‘(A) the near-term objectives for the Pro- ‘‘(i) to ensure that the strategic plan under additional violation of this section, provided gram; subsection (e) is developed and executed ef- that such discretion shall be exercised in ac- ‘‘(B) the long-term objectives for the Pro- fectively; and cordance with any applicable guidelines and gram; ‘‘(ii) to ensure that the objectives of the policy statements issued by the United ‘‘(C) the anticipated time frame for achiev- Program are met; States Sentencing Commission pursuant to ing the near-term objectives; ‘‘(F) working with the Office of Manage- section 994 of title 28.’’. ‘‘(D) the metrics that will be used to assess ment and Budget and in coordination with (b) TECHNICAL AND CONFORMING AMEND- any progress made toward achieving the the creation of the database under section MENT.—The chapter analysis for chapter 47 of near-term objectives and the long-term ob- 102(c), direct the Office of Science and Tech- title 18, United States Code, is amended by jectives; and nology Policy and the agencies participating inserting after the item relating to section ‘‘(E) how the Program will achieve the in the Program to establish a mechanism 1030 the following: goals and priorities under subsection (d). (consistent with existing law) to track all ‘‘1030A. Aggravated damage to a critical in- ‘‘(3) IMPLEMENTATION ROADMAP.— ongoing and completed research and develop- frastructure computer.’’. ‘‘(A) IN GENERAL.—The agencies under sub- ment projects and associated funding;’’. SEC. 306. LIMITATION ON ACTIONS INVOLVING section (a)(3)(B) shall develop and annually (e) ADVISORY COMMITTEE.—Section 101(b) of UNAUTHORIZED USE. update an implementation roadmap for the the High-Performance Computing Act of 1991 Section 1030(e)(6) of title 18, United States strategic plan. (15 U.S.C. 5511(b)) is amended— Code, is amended by striking ‘‘alter;’’ and in- ‘‘(B) REQUIREMENTS.—The information in (1) in paragraph (1)— serting ‘‘alter, but does not include access in the implementation roadmap shall be coordi- (A) by inserting after the first sentence the violation of a contractual obligation or nated with the database under section 102(c) following: ‘‘The co-chairs of the advisory agreement, such as an acceptable use policy and the annual report under section 101(a)(3). committee shall meet the qualifications of or terms of service agreement, with an Inter- The implementation roadmap shall— committee members and may be members of net service provider, Internet website, or ‘‘(i) specify the role of each Federal agency the Presidents Council of Advisors on non-government employer, if such violation in carrying out or sponsoring research and Science and Technology.’’; and constitutes the sole basis for determining development to meet the research objectives (B) by striking ‘‘high-performance’’ in sub- that access to a protected computer is unau- of the strategic plan, including a description paragraph (D) and inserting ‘‘high-end’’; and thorized;’’. of how progress toward the research objec- (2) by amending paragraph (2) to read as SEC. 307. NO NEW FUNDING. tives will be evaluated, with consideration of follows: An applicable Federal agency shall carry any relevant recommendations of the advi- ‘‘(2) In addition to the duties under para- out the provisions of this title with existing sory committee; graph (1), the advisory committee shall con- facilities and funds otherwise available, ‘‘(ii) specify the funding allocated to each duct periodic evaluations of the funding, through such means as the head of the agen- major research objective of the strategic management, coordination, implementation, cy considers appropriate. plan and the source of funding by agency for and activities of the Program. The advisory TITLE IV—CYBERSECURITY RESEARCH the current fiscal year; and committee shall report its findings and rec- AND DEVELOPMENT ‘‘(iii) estimate the funding required for ommendations not less frequently than once SEC. 401. NATIONAL HIGH-PERFORMANCE COM- each major research objective of the stra- every 3 fiscal years to the Committee on PUTING PROGRAM PLANNING AND tegic plan for the next 3 fiscal years. Commerce, Science, and Transportation of COORDINATION. ‘‘(4) RECOMMENDATIONS.—The agencies the Senate and the Committee on Science (a) GOALS AND PRIORITIES.—Section 101 of under subsection (a)(3)(B) shall take into and Technology of the House of Representa- the High-Performance Computing Act of 1991 consideration when developing the strategic tives. The report shall be submitted in con- (15 U.S.C. 5511) is amended by adding at the plan under paragraph (1) the recommenda- junction with the update of the strategic end the following: tions of— plan.’’. ‘‘(d) GOALS AND PRIORITIES.—The goals and ‘‘(A) the advisory committee under sub- (f) REPORT.—Section 101(a)(3) of the High- priorities for Federal high-performance com- section (b); and Performance Computing Act of 1991 (15 puting research, development, networking, ‘‘(B) the stakeholders under section U.S.C. 5511(a)(3)) is amended— and other activities under subsection 102(a)(3). (1) in subparagraph (C)— (a)(2)(A) shall include— ‘‘(5) REPORT TO CONGRESS.—The Director of (A) by striking ‘‘is submitted,’’ and insert- ‘‘(1) encouraging and supporting mecha- the Office of Science and Technology Policy ing ‘‘is submitted, the levels for the previous nisms for interdisciplinary research and de- shall transmit the strategic plan under this fiscal year,’’; and velopment in networking and information subsection, including the implementation (B) by striking ‘‘each Program Component technology, including— roadmap and any updates under paragraph Area’’ and inserting ‘‘each Program Compo- ‘‘(A) through collaborations across agen- (3), to— nent Area and each research area supported cies; ‘‘(A) the advisory committee under sub- in accordance with section 104’’; ‘‘(B) through collaborations across Pro- section (b); (2) in subparagraph (D)— gram Component Areas; ‘‘(B) the Committee on Commerce, (A) by striking ‘‘each Program Component ‘‘(C) through collaborations with industry; Science, and Transportation of the Senate; Area,’’ and inserting ‘‘each Program Compo- ‘‘(D) through collaborations with institu- and nent Area and each research area supported tions of higher education; ‘‘(C) the Committee on Science and Tech- in accordance with section 104,’’; ‘‘(E) through collaborations with Federal nology of the House of Representatives.’’. (B) by striking ‘‘is submitted,’’ and insert- laboratories (as defined in section 4 of the (c) PERIODIC REVIEWS.—Section 101 of the Stevenson-Wydler Technology Innovation High-Performance Computing Act of 1991 (15 ing ‘‘is submitted, the levels for the previous Act of 1980 (15 U.S.C. 3703)); and U.S.C. 5511) is amended by adding at the end fiscal year,’’; and ‘‘(F) through collaborations with inter- the following: (C) by striking ‘‘and’’ after the semicolon; national organizations; ‘‘(f) PERIODIC REVIEWS.—The agencies (3) by redesignating subparagraph (E) as ‘‘(2) addressing national, multi-agency, under subsection (a)(3)(B) shall— subparagraph (G); and multi-faceted challenges of national impor- ‘‘(1) periodically assess the contents and (4) by inserting after subparagraph (D) the tance; and funding levels of the Program Component following: ‘‘(3) fostering the transfer of research and Areas and restructure the Program when ‘‘(E) include a description of how the objec- development results into new technologies warranted, taking into consideration any tives for each Program Component Area, and and applications for the benefit of society.’’. relevant recommendations of the advisory the objectives for activities that involve (b) DEVELOPMENT OF STRATEGIC PLAN.— committee under subsection (b); and multiple Program Component Areas, relate Section 101 of the High-Performance Com- ‘‘(2) ensure that the Program includes na- to the objectives of the Program identified puting Act of 1991 (15 U.S.C. 5511) is amended tional, multi-agency, multi-faceted research in the strategic plan under subsection (e); by adding at the end the following: and development activities, including activi- ‘‘(F) include— ‘‘(e) STRATEGIC PLAN.— ties described in section 104.’’. ‘‘(i) a description of the funding required ‘‘(1) IN GENERAL.—Not later than 1 year (d) ADDITIONAL RESPONSIBILITIES OF DIREC- by the Office of Science and Technology Pol- after the date of enactment of the Strength- TOR.—Section 101(a)(2) of the High-Perform- icy to perform the functions under sub- ening and Enhancing Cybersecurity by Using ance Computing Act of 1991 (15 U.S.C. sections (a) and (c) of section 102 for the next Research, Education, Information, and Tech- 5511(a)(2)) is amended— fiscal year by category of activity; nology Act of 2012, the agencies under sub- (1) by redesignating subparagraphs (E) and ‘‘(ii) a description of the funding required section (a)(3)(B), working through the Na- (F) as subparagraphs (G) and (H), respec- by the Office of Science and Technology Pol- tional Science and Technology Council and tively; and icy to perform the functions under sub- with the assistance of the Office of Science (2) by inserting after subparagraph (D) the sections (a) and (c) of section 102 for the cur- and Technology Policy shall develop a 5-year following: rent fiscal year by category of activity; and strategic plan to guide the activities under ‘‘(E) encourage and monitor the efforts of ‘‘(iii) the amount of funding provided for subsection (a)(1). the agencies participating in the Program to the Office of Science and Technology Policy ‘‘(2) CONTENTS.—The strategic plan shall allocate the level of resources and manage- for the current fiscal year by each agency specify— ment attention necessary— participating in the Program; and’’.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5757

(g) DEFINITIONS.—Section 4 of the High- ‘‘(B) shall leverage, when possible, Federal ration and to ensure the development of re- Performance Computing Act of 1991 (15 investments through collaboration with re- lated scientific and technological mile- U.S.C. 5503) is amended— lated State initiatives; stones; (1) by redesignating paragraphs (1) and (2) ‘‘(C) shall include a plan for fostering the ‘‘(3) define the roles and responsibilities for as paragraphs (2) and (3), respectively; transfer of research discoveries and the re- the participants from institutions of higher (2) by redesignating paragraph (3) as para- sults of technology demonstration activities, education, Federal laboratories, and indus- graph (6); including from institutions of higher edu- try in such entity; (3) by redesignating paragraphs (6) and (7) cation and Federal laboratories, to industry ‘‘(4) propose guidelines for assigning intel- as paragraphs (7) and (8), respectively; for commercial development; lectual property rights and for transferring (4) by inserting before paragraph (2), as re- ‘‘(D) shall involve collaborations among re- research results to the private sector; and designated, the following: searchers in institutions of higher education ‘‘(5) make recommendations for how such ‘‘(1) ‘cyber-physical systems’ means phys- and industry; and entity could be funded from Federal, State, ical or engineered systems whose networking ‘‘(E) may involve collaborations among and non-governmental sources. and information technology functions and nonprofit research institutions and Federal ‘‘(c) COMPOSITION.—In establishing the task physical elements are deeply integrated and laboratories, as appropriate. force under subsection (a), the Director of are actively connected to the physical world ‘‘(2) COST-SHARING.—In selecting applica- the Office of Science and Technology Policy through sensors, actuators, or other means tions for support, the agencies under section shall appoint an equal number of individuals to perform monitoring and control func- 101(a)(3)(B) shall give special consideration from institutions of higher education and tions;’’; to projects that include cost sharing from from industry with knowledge and expertise (5) in paragraph (3), as redesignated, by non-Federal sources. in cyber-physical systems, and may appoint striking ‘‘high-performance computing’’ and ‘‘(3) MULTIDISCIPLINARY RESEARCH CEN- not more than 2 individuals from Federal inserting ‘‘networking and information tech- TERS.—Research and development activities laboratories. nology’’; under this section shall be supported ‘‘(d) REPORT.—Not later than 1 year after (6) in paragraph (6), as redesignated— through multidisciplinary research centers, the date of enactment of the Strengthening (A) by striking ‘‘high-performance com- including Federal laboratories, that are or- and Enhancing Cybersecurity by Using Re- puting’’ and inserting ‘‘networking and in- ganized to investigate basic research ques- search, Education, Information, and Tech- formation technology’’; and tions and carry out technology demonstra- nology Act of 2012, the Director of the Office (B) by striking ‘‘supercomputer’’ and in- tion activities in areas described in sub- of Science and Technology Policy shall serting ‘‘high-end computing’’; section (a). Research may be carried out transmit to the Committee on Commerce, (7) in paragraph (5), by striking ‘‘network through existing multidisciplinary centers, Science, and Transportation of the Senate referred to as’’ and all that follows through including those authorized under section and the Committee on Science and Tech- the semicolon and inserting ‘‘network, in- 7024(b)(2) of the America COMPETES Act (42 nology of the House of Representatives a re- cluding advanced computer networks of Fed- U.S.C. 1862o–10(2)).’’. port describing the findings and rec- eral agencies and departments’’; and (b) CYBER-PHYSICAL SYSTEMS.—Section ommendations of the task force. (8) in paragraph (7), as redesignated, by 101(a)(1) of the High-Performance Computing ‘‘(e) TERMINATION.—The task force shall striking ‘‘National High-Performance Com- Act of 1991 (15 U.S.C. 5511(a)(1)) is amended— terminate upon transmittal of the report re- puting Program’’ and inserting ‘‘networking (1) in subparagraph (H), by striking ‘‘and’’ quired under subsection (d). and information technology research and de- after the semicolon; ‘‘(f) COMPENSATION AND EXPENSES.—Mem- velopment program’’. (2) in subparagraph (I), by striking the pe- bers of the task force shall serve without SEC. 402. RESEARCH IN AREAS OF NATIONAL IM- riod at the end and inserting a semicolon; compensation.’’. PORTANCE. and SEC. 403. PROGRAM IMPROVEMENTS. (a) RESEARCH IN AREAS OF NATIONAL IMPOR- (3) by adding at the end the following: Section 102 of the High-Performance Com- TANCE.—Title I of the High-Performance ‘‘(J) provide for increased understanding of puting Act of 1991 (15 U.S.C. 5512) is amended Computing Act of 1991 (15 U.S.C. 5511 et seq.) the scientific principles of cyber-physical to read as follows: is amended by adding at the end the fol- systems and improve the methods available ‘‘SEC. 102. PROGRAM IMPROVEMENTS. lowing: for the design, development, and operation of ‘‘(a) FUNCTIONS.—The Director of the Office ‘‘SEC. 104. RESEARCH IN AREAS OF NATIONAL IM- cyber-physical systems that are character- of Science and Technology Policy shall con- PORTANCE. ized by high reliability, safety, and security; tinue— ‘‘(a) IN GENERAL.—The Program shall en- and ‘‘(1) to provide technical and administra- courage agencies under section 101(a)(3)(B) to ‘‘(K) provide for research and development tive support to— support, maintain, and improve national, on human-computer interactions, visualiza- ‘‘(A) the agencies participating in planning multi-agency, multi-faceted, research and tion, and big data.’’. and implementing the Program, including development activities in networking and in- (c) TASK FORCE.—Title I of the High-Per- support needed to develop the strategic plan formation technology directed toward appli- formance Computing Act of 1991 (15 U.S.C. under section 101(e); and cation areas that have the potential for sig- 5511 et seq.), as amended by section 402(a) of nificant contributions to national economic ‘‘(B) the advisory committee under section this Act, is amended by adding at the end 101(b); competitiveness and for other significant so- the following: cietal benefits. ‘‘(2) to serve as the primary point of con- ‘‘SEC. 105. TASK FORCE. ‘‘(b) TECHNICAL SOLUTIONS.—An activity tact on Federal networking and information under subsection (a) shall be designed to ad- ‘‘(a) ESTABLISHMENT.—Not later than 180 technology activities for government agen- vance the development of research discov- days after the date of enactment the cies, academia, industry, professional soci- eries by demonstrating technical solutions Strengthening and Enhancing Cybersecurity eties, State computing and networking tech- to important problems in areas including— by Using Research, Education, Information, nology programs, interested citizen groups, ‘‘(1) cybersecurity; and Technology Act of 2012, the Director of and others to exchange technical and pro- ‘‘(2) health care; the Office of Science and Technology Policy grammatic information; ‘‘(3) energy management and low-power under section 102 shall convene a task force ‘‘(3) to solicit input and recommendations systems and devices; to explore mechanisms for carrying out col- from a wide range of stakeholders during the ‘‘(4) transportation, including surface and laborative research and development activi- development of each strategic plan under air transportation; ties for cyber-physical systems (including section 101(e) by convening at least 1 work- ‘‘(5) cyber-physical systems; the related technologies required to enable shop with invitees from academia, industry, ‘‘(6) large-scale data analysis and modeling these systems) through a consortium or Federal laboratories, and other relevant or- of physical phenomena; other appropriate entity with participants ganizations and institutions; ‘‘(7) large scale data analysis and modeling from institutions of higher education, Fed- ‘‘(4) to conduct public outreach, including of behavioral phenomena; eral laboratories, and industry. the dissemination of the advisory commit- ‘‘(8) supply chain quality and security; and ‘‘(b) FUNCTIONS.—The task force shall— tee’s findings and recommendations, as ap- ‘‘(9) privacy protection and protected dis- ‘‘(1) develop options for a collaborative propriate; closure of confidential data. model and an organizational structure for ‘‘(5) to promote access to and early appli- ‘‘(c) RECOMMENDATIONS.—The advisory such entity under which the joint research cation of the technologies, innovations, and committee under section 101(b) shall make and development activities could be planned, expertise derived from Program activities to recommendations to the Program for can- managed, and conducted effectively, includ- agency missions and systems across the Fed- didate research and development areas for ing mechanisms for the allocation of re- eral Government and to United States indus- support under this section. sources among the participants in such enti- try; ‘‘(d) CHARACTERISTICS.— ty for support of such activities; ‘‘(6) to ensure accurate and detailed budget ‘‘(1) IN GENERAL.—Research and develop- ‘‘(2) propose a process for developing a re- reporting of networking and information ment activities under this section— search and development agenda for such en- technology research and development invest- ‘‘(A) shall include projects selected on the tity, including guidelines to ensure an appro- ment; and basis of applications for support through a priate scope of work focused on nationally ‘‘(7) to encourage agencies participating in competitive, merit-based process; significant challenges and requiring collabo- the Program to use existing programs and

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5758 CONGRESSIONAL RECORD — SENATE July 31, 2012

resources to strengthen networking and in- (b) TITLE HEADING.—The heading of title I systems in networks and for common user formation technology education and train- of the High-Performance Computing Act of interfaces to systems’’ and inserting ‘‘inter- ing, and increase participation in such fields, 1991 (105 Stat. 1595) is amended by striking operability and usability of networking and including by women and underrepresented ‘‘HIGH-PERFORMANCE COMPUTING’’ and information technology systems’’; and minorities. inserting ‘‘NETWORKING AND INFORMA- (C) in subparagraph (C), by striking ‘‘high- ‘‘(b) SOURCE OF FUNDING.— TION TECHNOLOGY’’. performance computing’’ and inserting ‘‘net- ‘‘(1) IN GENERAL.—The functions under this (c) SECTION 101.—Section 101 of the High- working and information technology’’; and section shall be supported by funds from Performance Computing Act of 1991 (15 (2) in subsection (b)— each agency participating in the Program. U.S.C. 5511) is amended— (A) by striking ‘‘HIGH-PERFORMANCE COM- ‘‘(2) SPECIFICATIONS.—The portion of the (1) in the section heading, by striking PUTING AND NETWORK’’ in the heading and in- total budget of the Office of Science and ‘‘HIGH-PERFORMANCE COMPUTING’’ and insert- serting ‘‘NETWORKING AND INFORMATION Technology Policy that is provided by each ing ‘‘NETWORKING AND INFORMATION TECH- TECHNOLOGY’’; and agency participating in the Program for each NOLOGY RESEARCH AND DEVELOPMENT’’; (B) by striking ‘‘sensitive’’. fiscal year shall be in the same proportion as (2) in subsection (a)— (h) SECTION 205.—Section 205(a) of the each agency’s share of the total budget for (A) in the subsection heading, by striking High-Performance Computing Act of 1991 (15 the Program for the previous fiscal year, as ‘‘NATIONAL HIGH-PERFORMANCE COMPUTING’’ U.S.C. 5525(a)) is amended by striking ‘‘com- specified in the database under section and inserting ‘‘NETWORKING AND INFORMATION putational’’ and inserting ‘‘networking and 102(c). TECHNOLOGY RESEARCH AND DEVELOPMENT’’; information technology’’. ‘‘(c) DATABASE.— (B) in paragraph (1)— (i) SECTION 206.—Section 206(a) of the High- ‘‘(1) IN GENERAL.—The Director of the Of- (i) by striking ‘‘National High-Perform- Performance Computing Act of 1991 (15 fice of Science and Technology Policy shall ance Computing Program’’ and inserting U.S.C. 5526(a)) is amended by striking ‘‘com- develop and maintain a database of projects ‘‘networking and information technology re- putational research’’ and inserting ‘‘net- funded by each agency for the fiscal year for search and development program’’; working and information technology re- each Program Component Area. (ii) in subparagraph (A), by striking ‘‘high- search’’. ‘‘(2) PUBLIC ACCESSIBILITY.—The Director of performance computing, including net- (j) SECTION 207.—Section 207 of the High- the Office of Science and Technology Policy working’’ and inserting ‘‘networking and in- Performance Computing Act of 1991 (15 shall make the database accessible to the formation technology’’; U.S.C. 5527) is amended by striking ‘‘high- public. (iii) in subparagraphs (B) and (G), by strik- performance computing’’ and inserting ‘‘net- ‘‘(3) DATABASE CONTENTS.—The database ing ‘‘high-performance’’ each place it ap- working and information technology’’. shall include, for each project in the data- pears and inserting ‘‘high-end’’; and (k) SECTION 208.—Section 208 of the High- base— (iv) in subparagraph (C), by striking ‘‘high- Performance Computing Act of 1991 (15 ‘‘(A) a description of the project; performance computing and networking’’ U.S.C. 5528) is amended— ‘‘(B) each agency, industry, institution of and inserting ‘‘high-end computing, distrib- (1) in the section heading, by striking higher education, Federal laboratory, or uted, and networking’’; and ‘‘HIGH-PERFORMANCE COMPUTING’’ and insert- international institution involved in the (C) in paragraph (2)— ing ‘‘NETWORKING AND INFORMATION TECH- project; (i) in subparagraphs (A) and (C)— NOLOGY’’; and ‘‘(C) the source funding of the project (set (I) by striking ‘‘high-performance com- (2) in subsection (a)— forth by agency); puting’’ each place it appears and inserting (A) in paragraph (1), by striking ‘‘High-per- ‘‘(D) the funding history of the project; and ‘‘networking and information technology’’; formance computing and associated’’ and in- ‘‘(E) whether the project has been com- and serting ‘‘Networking and information’’; pleted.’’. (II) by striking ‘‘development, net- (B) in paragraph (2), by striking ‘‘high-per- SEC. 404. IMPROVING EDUCATION OF NET- working,’’ each place it appears and insert- formance computing’’ and inserting ‘‘net- WORKING AND INFORMATION TECH- working and information technologies’’; NOLOGY, INCLUDING HIGH PER- ing ‘‘development,’’; and (ii) in subparagraphs (G) and (H), as redes- (C) in paragraph (3), by striking ‘‘high-per- FORMANCE COMPUTING. formance’’ and inserting ‘‘high-end’’; Section 201(a) of the High-Performance ignated by section 401(d) of this Act, by (D) in paragraph (4), by striking ‘‘high-per- Computing Act of 1991 (15 U.S.C. 5521(a)) is striking ‘‘high-performance’’ each place it formance computers and associated’’ and in- amended— appears and inserting ‘‘high-end’’; serting ‘‘networking and information’’; and (1) by redesignating paragraphs (2) through (3) in subsection (b)(1), in the matter pre- (E) in paragraph (5), by striking ‘‘high-per- (4) as paragraphs (3) through (5), respec- ceding subparagraph (A), by striking ‘‘high- formance computing and associated’’ and in- tively; and performance computing’’ each place it ap- (2) by inserting after paragraph (1) the fol- pears and inserting ‘‘networking and infor- serting ‘‘networking and information’’. lowing: mation technology’’; and SEC. 406. FEDERAL CYBER SCHOLARSHIP-FOR- ‘‘(2) the National Science Foundation shall (4) in subsection (c)(1)(A), by striking SERVICE PROGRAM. (a) IN GENERAL.—The Director of the Na- use its existing programs, in collaboration ‘‘high-performance computing’’ and insert- tional Science Foundation, in coordination with other agencies, as appropriate, to im- ing ‘‘networking and information tech- with the Secretary of Homeland Security, prove the teaching and learning of net- nology’’. shall carry out a Federal cyber scholarship- working and information technology at all (d) SECTION 201.—Section 201(a)(1) of the levels of education and to increase participa- High-Performance Computing Act of 1991 (15 for-service program to recruit and train the tion in networking and information tech- U.S.C. 5521(a)(1)) is amended by striking next generation of information technology nology fields;’’. ‘‘high-performance computing and advanced professionals and security managers to meet the needs of the cybersecurity mission for SEC. 405. CONFORMING AND TECHNICAL AMEND- high-speed computer networking’’ and in- MENTS TO THE HIGH-PERFORM- serting ‘‘networking and information tech- the Federal government. ANCE COMPUTING ACT OF 1991. nology research and development’’. (b) PROGRAM DESCRIPTION AND COMPO- (a) SECTION 3.—Section 3 of the High-Per- (e) SECTION 202.—Section 202(a) of the High- NENTS.—The program shall— formance Computing Act of 1991 (15 U.S.C. Performance Computing Act of 1991 (15 (1) annually assess the workforce needs of 5502) is amended— U.S.C. 5522(a)) is amended by striking ‘‘high- the Federal government for cybersecurity (1) in the matter preceding paragraph (1), performance computing’’ and inserting ‘‘net- professionals, including network engineers, by striking ‘‘high-performance computing’’ working and information technology’’. software engineers, and other experts in and inserting ‘‘networking and information (f) SECTION 203.—Section 203(a) of the High- order to determine how many scholarships technology’’; Performance Computing Act of 1991 (15 should be awarded annually to ensure that (2) in paragraph (1)— U.S.C. 5523(a)) is amended— the workforce needs following graduation (A) in the matter preceding subparagraph (1) in paragraph (1), by striking ‘‘high-per- match the number of scholarships awarded; (A), by striking ‘‘high-performance com- formance computing and networking’’ and (2) provide scholarships for up to 1,000 stu- puting’’ and inserting ‘‘networking and in- inserting ‘‘networking and information tech- dents per year in their pursuit of under- formation technology’’; nology’’; and graduate or graduate degrees in the cyberse- (B) in subparagraphs (A), (F), and (G), by (2) in paragraph (2)(A), by striking ‘‘high- curity field, in an amount that may include striking ‘‘high-performance computing’’ performance’’ and inserting ‘‘high-end’’. coverage for full tuition, fees, and a stipend; each place it appears and inserting ‘‘net- (g) SECTION 204.—Section 204 of the High- (3) require each scholarship recipient, as a working and information technology’’; and Performance Computing Act of 1991 (15 condition of receiving a scholarship under (C) in subparagraph (H), by striking ‘‘high- U.S.C. 5524) is amended— the program, to serve in a Federal informa- performance’’ and inserting ‘‘high-end’’; and (1) in subsection (a)(1)— tion technology workforce for a period equal (3) in paragraph (2)— (A) in subparagraph (A), by striking ‘‘high- to one and one-half times each year, or par- (A) by striking ‘‘high-performance com- performance computing systems and net- tial year, of scholarship received, in addition puting and’’ and inserting ‘‘networking and works’’ and inserting ‘‘networking and infor- to an internship in the cybersecurity field, if information technology, and’’; and mation technology systems and capabili- applicable, following graduation; (B) by striking ‘‘high-performance com- ties’’; (4) provide a procedure for the National puting network’’ and inserting ‘‘networking (B) in subparagraph (B), by striking ‘‘inter- Science Foundation or a Federal agency, and information technology’’. operability of high-performance computing consistent with regulations of the Office of

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5759 Personnel Management, to request and fund program actually improves the Federal SEC. 409. IDENTITY MANAGEMENT RESEARCH a security clearance for a scholarship recipi- workforce; and AND DEVELOPMENT. ent, including providing for clearance during (2) periodically report the findings under The Director of the National Institute of a summer internship and upon graduation; paragraph (1) to Congress. Standards and Technology shall continue a and (g) AUTHORIZATION OF APPROPRIATIONS.— program to support the development of tech- (5) provide opportunities for students to re- From amounts made available under section nical standards, metrology, testbeds, and ceive temporary appointments for meaning- 503 of the America COMPETES Reauthoriza- conformance criteria, taking into account ful employment in the Federal information tion Act of 2010 (124 Stat. 4005), the Director appropriate user concerns— technology workforce during school vacation may use funds to carry out the requirements (1) to improve interoperability among periods and for internships. of this section for fiscal years 2012 through identity management technologies; (2) to strengthen authentication methods (c) HIRING AUTHORITY.— 2013. of identity management systems; (1) IN GENERAL.—For purposes of any law or SEC. 407. STUDY AND ANALYSIS OF CERTIFI- (3) to improve privacy protection in iden- regulation governing the appointment of an CATION AND TRAINING OF INFOR- tity management systems, including health individual in the Federal civil service, upon MATION INFRASTRUCTURE PROFES- information technology systems, through the successful completion of the student’s SIONALS. authentication and security protocols; and studies, a student receiving a scholarship (a) STUDY.—The President shall enter into (4) to improve the usability of identity under the program may— an agreement with the National Academies management systems. (A) be hired under section 213.3102(r) of to conduct a comprehensive study of govern- ment, academic, and private-sector accredi- SEC. 410. FEDERAL CYBERSECURITY RESEARCH title 5, Code of Federal Regulations; and AND DEVELOPMENT. tation, training, and certification programs (B) be exempt from competitive service. (a) NATIONAL SCIENCE FOUNDATION COM- for personnel working in information infra- (2) COMPETITIVE SERVICE.—Upon satisfac- PUTER AND NETWORK SECURITY RESEARCH structure. The agreement shall require the tory fulfillment of the service term under GRANT AREAS.—Section 4(a)(1) of the Cyber paragraph (1), an individual may be con- National Academies to consult with sector Security Research and Development Act (15 verted to a competitive service position coordinating councils and relevant govern- U.S.C. 7403(a)(1)) is amended— without competition if the individual meets mental agencies, regulatory entities, and (1) in subparagraph (H), by striking ‘‘and’’ the requirements for that position. nongovernmental organizations in the course after the semicolon; (d) ELIGIBILITY.—The eligibility require- of the study. (2) in subparagraph (I), by striking ‘‘prop- ments for a scholarship under this section (b) SCOPE.—The study shall include— erty.’’ and inserting ‘‘property;’’; and shall include that a scholarship applicant— (1) an evaluation of the body of knowledge (3) by adding at the end the following: (1) be a citizen of the United States; and various skills that specific categories of ‘‘(J) secure fundamental protocols that are (2) be eligible to be granted a security personnel working in information infrastruc- at the heart of inter-network communica- clearance; ture should possess in order to secure infor- tions and data exchange; (3) maintain a grade point average of 3.2 or mation systems; ‘‘(K) system security that addresses the above on a 4.0 scale for undergraduate study (2) an assessment of whether existing gov- building of secure systems from trusted and or a 3.5 or above on a 4.0 scale for post- ernment, academic, and private-sector ac- untrusted components; graduate study; creditation, training, and certification pro- ‘‘(L) monitoring and detection; and (4) demonstrate a commitment to a career grams provide the body of knowledge and ‘‘(M) resiliency and rapid recovery meth- in improving the security of the information various skills described in paragraph (1); ods.’’. infrastructure; and (3) an analysis of any barriers to the Fed- (b) NATIONAL SCIENCE FOUNDATION COM- (5) has demonstrated a level of proficiency eral Government recruiting and hiring cy- PUTER AND NETWORK SECURITY GRANTS.—Sec- in math or computer sciences. bersecurity talent, including barriers relat- tion 4(a)(3) of the Cyber Security Research (e) FAILURE TO COMPLETE SERVICE OBLIGA- ing to compensation, the hiring process, job and Development Act (15 U.S.C. 7403(a)(3)) is TION.— classification, and hiring flexibility; and amended— (1) IN GENERAL.—A scholarship recipient (4) an analysis of the sources and avail- (1) in subparagraph (D), by striking ‘‘and’’; under this section shall be liable to the ability of cybersecurity talent, a comparison (2) in subparagraph (E), by striking ‘‘2007.’’ United States under paragraph (2) if the of the skills and expertise sought by the Fed- and inserting ‘‘2007;’’; and scholarship recipient— eral Government and the private sector, an (3) by adding at the end the following: (A) fails to maintain an acceptable level of examination of the current and future capac- ‘‘(F) such funds from amounts made avail- academic standing in the educational insti- ity of United States institutions of higher able under section 503 of the America COM- tution in which the individual is enrolled, as education, including community colleges, to PETES Reauthorization Act of 2010 (124 Stat. determined by the Director; provide current and future cybersecurity 4005), as the Director finds necessary to (B) is dismissed from such educational in- professionals, through education and train- carry out the requirements of this sub- stitution for disciplinary reasons; ing activities, with those skills sought by section for fiscal years 2012 through 2013.’’. (c) COMPUTER AND NETWORK SECURITY CEN- (C) withdraws from the program for which the Federal Government, State and local en- TERS.—Section 4(b)(7) of the Cyber Security the award was made before the completion of tities, and the private sector. Research and Development Act (15 U.S.C. such program; (c) REPORT.—Not later than 1 year after 7403(b)(7)) is amended— (D) declares that the individual does not the date of enactment of this Act, the Na- (1) in subparagraph (D), by striking ‘‘and’’; intend to fulfill the service obligation under tional Academies shall submit to the Presi- dent and Congress a report on the results of (2) in subparagraph (E), by striking ‘‘2007.’’ this section; and inserting ‘‘2007;’’; and the study. The report shall include— (E) fails to fulfill the service obligation of (3) by adding at the end the following: (1) findings regarding the state of informa- the individual under this section; or ‘‘(F) such funds from amounts made avail- tion infrastructure accreditation, training, (F) loses a security clearance or becomes able under section 503 of the America COM- and certification programs, including spe- ineligible for a security clearance. PETES Reauthorization Act of 2010 (124 Stat. cific areas of deficiency and demonstrable (2) REPAYMENT AMOUNTS.— 4005), as the Director finds necessary to progress; and (A) LESS THAN 1 YEAR OF SERVICE.—If a cir- carry out the requirements of this sub- (2) recommendations for the improvement cumstance under paragraph (1) occurs before section for fiscal years 2012 through 2013.’’. of information infrastructure accreditation, the completion of 1 year of a service obliga- (d) COMPUTER AND NETWORK SECURITY CA- training, and certification programs. tion under this section, the total amount of PACITY BUILDING GRANTS.—Section 5(a)(6) of awards received by the individual under this SEC. 408. INTERNATIONAL CYBERSECURITY the Cyber Security Research and Develop- section shall be repaid. TECHNICAL STANDARDS. ment Act (15 U.S.C. 7404(a)(6)) is amended— (B) ONE OR MORE YEARS OF SERVICE.—If a (a) IN GENERAL.—The Director of the Na- (1) in subparagraph (D), by striking ‘‘and’’; circumstance described in subparagraph (D) tional Institute of Standards and Tech- (2) in subparagraph (E), by striking ‘‘2007.’’ or (E) of paragraph (1) occurs after the com- nology, in coordination with appropriate and inserting ‘‘2007;’’; and pletion of 1 year of a service obligation under Federal authorities, shall— (3) by adding at the end the following: this section, the total amount of scholarship (1) as appropriate, ensure coordination of ‘‘(F) such funds from amounts made avail- awards received by the individual under this Federal agencies engaged in the development able under section 503 of the America COM- section, reduced by the ratio of the number of international technical standards related PETES Reauthorization Act of 2010 (124 Stat. of years of service completed divided by the to information system security; and 4005), as the Director finds necessary to number of years of service required, shall be (2) not later than 1 year after the date of carry out the requirements of this sub- repaid. enactment of this Act, develop and transmit section for fiscal years 2012 through 2013.’’. (f) EVALUATION AND REPORT.—The Director to Congress a plan for ensuring such Federal (e) SCIENTIFIC AND ADVANCED TECHNOLOGY of the National Science Foundation shall— agency coordination. ACT GRANTS.—Section 5(b)(2) of the Cyber (1) evaluate the success of recruiting indi- (b) CONSULTATION WITH THE PRIVATE SEC- Security Research and Development Act (15 viduals for scholarships under this section TOR.—In carrying out the activities under U.S.C. 7404(b)(2)) is amended— and of hiring and retaining those individuals subsection (a)(1), the Director shall ensure (1) in subparagraph (D), by striking ‘‘and’’; in the public sector workforce, including the consultation with appropriate private sector (2) in subparagraph (E), by striking ‘‘2007.’’ annual cost and an assessment of how the stakeholders. and inserting ‘‘2007;’’; and

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5760 CONGRESSIONAL RECORD — SENATE July 31, 2012 (3) by adding at the end the following: (1) In the case of the proposed transfer of TITLE III—CRIMINAL PENALTIES ‘‘(F) such funds from amounts made avail- such an individual by reason of the indi- Sec. 301. Penalties for fraud and related ac- able under section 503 of the America COM- vidual being released, an assessment of the tivity in connection with com- PETES Reauthorization Act of 2010 (124 Stat. threat posed by the individual and the secu- puters. 4005), as the Director finds necessary to rity environment of the country to which Sec. 302. Trafficking in passwords. carry out the requirements of this sub- the individual is to be transferred. Sec. 303. Conspiracy and attempted com- section for fiscal years 2012 through 2013.’’. (2) In the case of the proposed transfer of puter fraud offenses. (f) GRADUATE TRAINEESHIPS IN COMPUTER such an individual to a country other than Sec. 304. Criminal and civil forfeiture for AND NETWORK SECURITY RESEARCH.—Section Afghanistan for the purpose of the prosecu- fraud and related activity in 5(c)(7) of the Cyber Security Research and tion of the individual, a certification that an connection with computers. Development Act (15 U.S.C. 7404(c)(7)) is assessment has been conducted regarding the Sec. 305. Damage to critical infrastructure amended— capacity, willingness, and historical track computers. (1) in subparagraph (D), by striking ‘‘and’’; record of the country with respect to pros- Sec. 306. Limitation on actions involving (2) in subparagraph (E), by striking ‘‘2007.’’ ecuting similar cases, including a descrip- unauthorized use. Sec. 307. No new funding. and inserting ‘‘2007;’’; and tion of the evidence against the individual (3) by adding at the end the following: that is likely to be admissible as part of the TITLE IV—CYBERSECURITY RESEARCH ‘‘(F) such funds from amounts made avail- prosecution. AND DEVELOPMENT able under section 503 of the America COM- (3) In the case of the proposed transfer of Sec. 401. National High-Performance Com- PETES Reauthorization Act of 2010 (124 Stat. such an individual for reintegration or reha- puting Program planning and 4005), as the Director finds necessary to bilitation in a country other than Afghani- coordination. carry out the requirements of this sub- stan, a certification that an assessment has Sec. 402. Research in areas of national im- section for fiscal years 2012 through 2013.’’. been conducted regarding the capacity, will- portance. ingness, and historical track record of the Sec. 403. Program improvements. Sec. 404. Improving education of networking SA 2693. Mr. COATS submitted an country for reintegrating or rehabilitating and information technology, in- amendment intended to be proposed by similar individuals. cluding high performance com- him to the bill S. 3414, to enhance the (4) In the case of the proposed transfer of puting. such an individual to the custody of the gov- security and resiliency of the cyber and Sec. 405. Conforming and technical amend- ernment of Afghanistan for prosecution or communications infrastructure of the ments to the High-Performance detention, a certification that an assessment United States; which was ordered to lie Computing Act of 1991. on the table; as follows: has been conducted regarding the capacity, Sec. 406. Federal cyber scholarship-for-serv- willingness, and historical track record of On page 118, line 16, insert ‘‘, including ice program. Afghanistan to prosecute or detain long- legal and behavioral impediments to deploy- Sec. 407. Study and analysis of certification term such individuals. ment of proven security policies’’ before the and training of information in- (c) APPROPRIATE CONGRESSIONAL COMMIT- semicolon. frastructure professionals. TEES DEFINED.—In this section, the term Sec. 408. International cybersecurity tech- Mr. COATS submitted an ‘‘appropriate congressional committees’’ nical standards. SA 2694. means— amendment intended to be proposed by Sec. 409. Identity management research and (1) the Committee on Armed Services and development. him to the bill S. 3414, to enhance the the Committee on Foreign Affairs of the Sec. 410. Federal cybersecurity research and security and resiliency of the cyber and House of Representatives; and development. communications infrastructure of the (2) the Committee on Armed Services and TITLE I—FACILITATING SHARING OF United States; which was ordered to lie the Committee on Foreign Relations of the CYBER THREAT INFORMATION Senate. on the table; as follows: SEC. 101. DEFINITIONS. On page 118, line 25, strike ‘‘and’’ and all In this title: SA 2696. Mr. MCCAIN (for himself, that follows through page 119, line 2, and in- (1) AGENCY.—The term ‘‘agency’’ has the Mrs. HUTCHISON, Mr. CHAMBLISS, Mr. sert the following: meaning given the term in section 3502 of (7) affiliation with existing research pro- GRASSLEY, Ms. MURKOWSKI, Mr. COATS, title 44, United States Code. grams of the Federal Government; Mr. BURR, and Mr. JOHNSON of Wis- (2) ANTITRUST LAWS.—The term ‘‘antitrust (8) demonstrated expertise in cybersecu- consin) submitted an amendment in- laws’’— rity law, including the legal impediments to tended to be proposed by him to the (A) has the meaning given the term in sec- adoption of proven security processes; and bill S. 3414, to enhance the security and tion 1(a) of the Clayton Act (15 U.S.C. 12(a)); (9) demonstrated expertise in social and be- resiliency of the cyber and communica- (B) includes section 5 of the Federal Trade havioral research that can assist in devel- tions infrastructure of the United Commission Act (15 U.S.C. 45) to the extent oping policies and incentives to help protect States; which was ordered to lie on the that section 5 of that Act applies to unfair against cyber attacks. table; as follows: methods of competition; and (C) includes any State law that has the SA 2695. Mr. SESSIONS submitted an Beginning on page 1, strike line 4 and all same intent and effect as the laws under sub- amendment intended to be proposed by that follows and insert the following: paragraphs (A) and (B). (a) SHORT TITLE.—This Act may be cited as him to the bill S. 3414, to enhance the (3) COUNTERMEASURE.—The term ‘‘counter- the ‘‘Strengthening and Enhancing Cyberse- measure’’ means an automated or a manual security and resiliency of the cyber and curity by Using Research, Education, Infor- action with defensive intent to mitigate communications infrastructure of the mation, and Technology Act of 2012’’ or ‘‘SE- cyber threats. United States; which was ordered to lie CURE IT’’. (4) CYBER THREAT INFORMATION.—The term on the table; as follows: (b) TABLE OF CONTENTS.—The table of con- ‘‘cyber threat information’’ means informa- At the appropriate place, insert the fol- tents of this Act is as follows: tion that indicates or describes— lowing: Sec. 1. Short title; table of contents. (A) a technical or operation vulnerability SEC. ll. NOTICE REQUIRED PRIOR TO TRANS- TITLE I—FACILITATING SHARING OF or a cyber threat mitigation measure; FER OF CERTAIN INDIVIDUALS DE- CYBER THREAT INFORMATION TAINED AT THE DETENTION FACIL- (B) an action or operation to mitigate a Sec. 101. Definitions. cyber threat; ITY AT PARWAN, AFGHANISTAN. Sec. 102. Authorization to share cyber (a) NOTICE REQUIRED.—The Secretary of (C) malicious reconnaissance, including threat information. anomalous patterns of network activity that Defense shall submit to the appropriate con- Sec. 103. Information sharing by the Federal gressional committees notice in writing of appear to be transmitted for the purpose of government. gathering technical information related to a the proposed transfer of any individual de- Sec. 104. Construction. tained pursuant to the Authorization for Use Sec. 105. Report on implementation. cybersecurity threat; of Military Force (Public Law 107–40; 50 Sec. 106. Inspector General review. (D) a method of defeating a technical con- U.S.C. 1541 note) who is a national of a coun- Sec. 107. Technical amendments. trol; try other than the United States or Afghani- Sec. 108. Access to classified information. (E) a method of defeating an operational stan from detention at the Detention Facil- TITLE II—COORDINATION OF FEDERAL control; ity at Parwan, Afghanistan, to the custody INFORMATION SECURITY POLICY (F) network activity or protocols known to of the Government of Afghanistan or of any Sec. 201. Coordination of Federal informa- be associated with a malicious cyber actor or other country. Such notice shall be provided tion security policy. that signify malicious cyber intent; not later than 10 days before such a transfer Sec. 202. Management of information tech- (G) a method of causing a user with legiti- may take place. nology. mate access to an information system or in- (b) ADDITIONAL ASSESSMENTS AND CERTIFI- Sec. 203. No new funding. formation that is stored on, processed by, or CATIONS.—As part of the notice required Sec. 204. Technical and conforming amend- transiting an information system to inad- under subsection (a), the Secretary shall in- ments. vertently enable the defeat of a technical or clude the following: Sec. 205. Clarification of authorities. operational control;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.035 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5761 (H) any other attribute of a cybersecurity formation system, if such method is associ- shall inform the Federal department or agen- threat or cyber defense information that ated with a known or suspected cybersecu- cy of a significant cyber incident involving would foster situational awareness of the rity threat. the Federal information system of that Fed- United States cybersecurity posture, if dis- (13) OPERATIONAL CONTROL.—The term eral department or agency that— closure of such attribute or information is ‘‘operational control’’ means a security con- (A) is directly known to the entity as a re- not otherwise prohibited by law; trol for an information system that pri- sult of providing such services; (I) the actual or potential harm caused by marily is implemented and executed by peo- (B) is directly related to the provision of a cyber incident, including information ple. such services by the entity; and exfiltrated when it is necessary in order to (14) OPERATIONAL VULNERABILITY.—The (C) as determined by the entity, has im- identify or describe a cybersecurity threat; term ‘‘operational vulnerability’’ means any peded or will impede the performance of a or attribute of policy, process, or procedure critical mission of the Federal department (J) any combination of subparagraphs (A) that could enable or facilitate the defeat of or agency. through (I). an operational control. (2) ADVANCE COORDINATION.—A Federal de- (5) CYBERSECURITY CENTER.—The term ‘‘cy- (15) PRIVATE ENTITY.—The term ‘‘private partment or agency receiving the services bersecurity center’’ means the Department entity’’ means any individual or any private described in paragraph (1) shall coordinate in of Defense Cyber Crime Center, the Intel- group, organization, or corporation, includ- advance with an entity described in para- ligence Community Incident Response Cen- ing an officer, employee, or agent thereof. graph (1) to develop the parameters of any ter, the United States Cyber Command Joint (16) SIGNIFICANT CYBER INCIDENT.—The information that may be provided under Operations Center, the National Cyber Inves- term ‘‘significant cyber incident’’ means a paragraph (1), including clarification of the tigative Joint Task Force, the National Se- cyber incident resulting in, or an attempted type of significant cyber incident that will curity Agency/Central Security Service cyber incident that, if successful, would have impede the performance of a critical mission Threat Operations Center, the National Cy- resulted in— of the Federal department or agency. bersecurity and Communications Integration (A) the exfiltration from a Federal infor- (3) REPORT.—A Federal department or Center, and any successor center. mation system of data that is essential to agency shall report information provided (6) CYBERSECURITY SYSTEM.—The term ‘‘cy- the operation of the Federal information sys- bersecurity system’’ means a system de- tem; or under this subsection to a cybersecurity cen- signed or employed to ensure the integrity, (B) an incident in which an operational or ter. confidentiality, or availability of, or to safe- technical control essential to the security or (4) CONSTRUCTION.—Any information pro- guard, a system or network, including meas- operation of a Federal information system vided to a cybersecurity center under para- ures intended to protect a system or network was defeated. graph (3) shall be treated in the same man- from— (17) TECHNICAL CONTROL.—The term ‘‘tech- ner as information provided to a cybersecu- (A) efforts to degrade, disrupt, or destroy nical control’’ means a hardware or software rity center under subsection (a). such system or network; or restriction on, or audit of, access or use of an (c) INFORMATION SHARED WITH OR PROVIDED (B) theft or misappropriations of private or information system or information that is TO A CYBERSECURITY CENTER.—Cyber threat government information, intellectual prop- stored on, processed by, or transiting an in- information provided to a cybersecurity cen- erty, or personally identifiable information. formation system that is intended to ensure ter under this section— (7) ENTITY.— the confidentiality, integrity, or availability (1) may be disclosed to, retained by, and (A) IN GENERAL.—The term ‘‘entity’’ means of that system. used by, consistent with otherwise applicable any private entity, non-Federal government (18) TECHNICAL VULNERABILITY.—The term agency or department, or State, tribal, or ‘‘technical vulnerability’’ means any at- Federal law, any Federal agency or depart- local government agency or department (in- tribute of hardware or software that could ment, component, officer, employee, or cluding an officer, employee, or agent there- enable or facilitate the defeat of a technical agent of the Federal government for a cyber- of). control. security purpose, a national security pur- (B) INCLUSIONS.—The term ‘‘entity’’ in- (19) TRIBAL.—The term ‘‘tribal’’ has the pose, or in order to prevent, investigate, or cludes a government agency or department meaning given the term ‘‘Indian tribe’’ in prosecute any of the offenses listed in sec- (including an officer, employee, or agent section 4 of the Indian Self-Determination tion 2516 of title 18, United States Code, and thereof) of the District of Columbia, the and Education Assistance Act (25 U.S.C. such information shall not be disclosed to, Commonwealth of Puerto Rico, the Virgin 450b). retained by, or used by any Federal agency Islands, Guam, American Samoa, the North- SEC. 102. AUTHORIZATION TO SHARE CYBER or department for any use not permitted ern Mariana Islands, and any other territory THREAT INFORMATION. under this paragraph; or possession of the United States. (a) VOLUNTARY DISCLOSURE.— (2) may, with the prior written consent of (8) FEDERAL INFORMATION SYSTEM.—The (1) PRIVATE ENTITIES.—Notwithstanding the entity submitting such information, be term ‘‘Federal information system’’ means any other provision of law, a private entity disclosed to and used by a State, tribal, or an information system of a Federal depart- may, for the purpose of preventing, inves- local government or government agency for ment or agency used or operated by an exec- tigating, or otherwise mitigating threats to the purpose of protecting information sys- utive agency, by a contractor of an executive information security, on its own networks, tems, or in furtherance of preventing, inves- agency, or by another organization on behalf or as authorized by another entity, on such tigating, or prosecuting a criminal act, ex- of an executive agency. entity’s networks, employ countermeasures cept that if the need for immediate disclo- (9) INFORMATION SECURITY.—The term ‘‘in- and use cybersecurity systems in order to sure prevents obtaining written consent, formation security’’ means protecting infor- obtain, identify, or otherwise possess cyber such consent may be provided orally with mation and information systems from dis- threat information. subsequent documentation of such consent; ruption or unauthorized access, use, disclo- (2) ENTITIES.—Notwithstanding any other (3) shall be considered the commercial, fi- sure, modification, or destruction in order to provision of law, an entity may disclose nancial, or proprietary information of the provide— cyber threat information to— entity providing such information to the (A) integrity, by guarding against im- (A) a cybersecurity center; or Federal government and any disclosure out- proper information modification or destruc- (B) any other entity in order to assist with side the Federal government may only be tion, including by ensuring information non- preventing, investigating, or otherwise miti- made upon the prior written consent by such repudiation and authenticity; gating threats to information security. entity and shall not constitute a waiver of (B) confidentiality, by preserving author- (3) INFORMATION SECURITY PROVIDERS.—If any applicable privilege or protection pro- ized restrictions on access and disclosure, in- the cyber threat information described in vided by law, except that if the need for im- cluding means for protecting personal pri- paragraph (1) is obtained, identified, or oth- mediate disclosure prevents obtaining writ- vacy and proprietary information; or erwise possessed in the course of providing ten consent, such consent may be provided (C) availability, by ensuring timely and re- information security products or services orally with subsequent documentation of liable access to and use of information. under contract to another entity, that entity such consent; (10) INFORMATION SYSTEM.—The term ‘‘in- shall be given, at any time prior to disclo- (4) shall be deemed voluntarily shared in- formation system’’ has the meaning given sure of such information, a reasonable oppor- formation and exempt from disclosure under the term in section 3502 of title 44, United tunity to authorize or prevent such disclo- section 552 of title 5, United States Code, and States Code. sure, to request anonymization of such infor- any State, tribal, or local law requiring dis- (11) LOCAL GOVERNMENT.—The term ‘‘local mation, or to request that reasonable efforts closure of information or records; government’’ means any borough, city, coun- be made to safeguard such information that (5) shall be, without discretion, withheld ty, parish, town, township, village, or other identifies specific persons from unauthorized from the public under section 552(b)(3)(B) of general purpose political subdivision of a access or disclosure. title 5, United States Code, and any State, State. (b) SIGNIFICANT CYBER INCIDENTS INVOLVING tribal, or local law requiring disclosure of in- (12) MALICIOUS RECONNAISSANCE.—The term FEDERAL INFORMATION SYSTEMS.— formation or records; ‘‘malicious reconnaissance’’ means a method (1) IN GENERAL.—An entity providing elec- (6) shall not be subject to the rules of any for actively probing or passively monitoring tronic communication services, remote com- Federal agency or department or any judi- an information system for the purpose of dis- puting services, or information security cial doctrine regarding ex parte communica- cerning technical vulnerabilities of the in- services to a Federal department or agency tions with a decision-making official;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5762 CONGRESSIONAL RECORD — SENATE July 31, 2012

(7) shall not, if subsequently provided to a (B) may not be used by any entity to gain (A) PRIVATE ENTITIES.—No cause of action State, tribal, or local government or govern- an unfair competitive advantage to the det- shall lie or be maintained in any court ment agency, otherwise be disclosed or dis- riment of the entity authorizing the sharing against any private entity for— tributed to any entity by such State, tribal, of such information, except that the conduct (i) the use of countermeasures and cyberse- or local government or government agency described in paragraph (3) shall not con- curity systems as authorized by this title; without the prior written consent of the en- stitute unfair competitive conduct. (ii) the use, receipt, or disclosure of any tity submitting such information, notwith- (3) INFORMATION SHARED WITH STATE, TRIB- cyber threat information as authorized by standing any State, tribal, or local law re- AL, OR LOCAL GOVERNMENT OR GOVERNMENT this title; or quiring disclosure of information or records, AGENCY.—Cyber threat information shared (iii) the subsequent actions or inactions of except that if the need for immediate disclo- with a State, tribal, or local government or any lawful recipient of cyber threat informa- sure prevents obtaining written consent, government agency under this title— tion provided by such private entity. such consent may be provided orally with (A) may, with the prior written consent of (B) ENTITIES.—No cause of action shall lie subsequent documentation of such consent; the entity sharing such information, be dis- or be maintained in any court against any and closed to and used by a State, tribal, or local entity for— (8) shall not be directly used by any Fed- government or government agency for the (i) the use, receipt, or disclosure of any eral, State, tribal, or local department or purpose of protecting information systems, cyber threat information as authorized by agency to regulate the lawful activities of an or in furtherance of preventing, inves- this title; or entity, including activities relating to ob- tigating, or prosecuting a criminal act, ex- (ii) the subsequent actions or inactions of taining, identifying, or otherwise possessing cept if the need for immediate disclosure any lawful recipient of cyber threat informa- cyber threat information, except that the prevents obtaining written consent, consent tion provided by such entity. procedures required to be developed and im- may be provided orally with subsequent doc- (2) CONSTRUCTION.—Nothing in this sub- plemented under this title shall not be con- umentation of the consent; section shall be construed as creating any sidered regulations within the meaning of (B) shall be deemed voluntarily shared in- immunity against, or otherwise affecting, this paragraph. formation and exempt from disclosure under any action brought by the Federal govern- ment, or any agency or department thereof, (d) PROCEDURES RELATING TO INFORMATION any State, tribal, or local law requiring dis- to enforce any law, executive order, or proce- SHARING WITH A CYBERSECURITY CENTER.— closure of information or records; dure governing the appropriate handling, dis- Not later than 60 days after the date of en- (C) shall not be disclosed or distributed to closure, and use of classified information. actment of this Act, the heads of each de- any entity by the State, tribal, or local gov- (h) OTHERWISE LAWFUL DISCLOSURES.— ernment or government agency without the partment or agency containing a cybersecu- Nothing in this section shall be construed to prior written consent of the entity submit- rity center shall jointly develop, promul- limit or prohibit otherwise lawful disclo- ting such information, notwithstanding any gate, and submit to Congress procedures to sures of communications, records, or other State, tribal, or local law requiring disclo- ensure that cyber threat information shared information by a private entity to any other with or provided to— sure of information or records, except if the governmental or private entity not covered (1) a cybersecurity center under this sec- need for immediate disclosure prevents ob- under this section. tion— taining written consent, consent may be pro- (i) WHISTLEBLOWER PROTECTION.—Nothing (A) may be submitted to a cybersecurity vided orally with subsequent documentation in this Act shall be construed to preempt or center by an entity, to the greatest extent of the consent; and preclude any employee from exercising possible, through a uniform, publicly avail- (D) shall not be directly used by any State, rights currently provided under any whistle- able process or format that is easily acces- tribal, or local department or agency to reg- blower law, rule, or regulation. sible on the website of such cybersecurity ulate the lawful activities of an entity, in- (j) RELATIONSHIP TO OTHER LAWS.—The center, and that includes the ability to pro- cluding activities relating to obtaining, submission of cyber threat information vide relevant details about the cyber threat identifying, or otherwise possessing cyber under this section to a cybersecurity center information and written consent to any sub- threat information, except that the proce- shall not affect any requirement under any sequent disclosures authorized by this para- dures required to be developed and imple- other provision of law for an entity to pro- graph; mented under this title shall not be consid- vide information to the Federal government. (B) shall immediately be further shared ered regulations within the meaning of this SEC. 103. INFORMATION SHARING BY THE FED- with each cybersecurity center in order to subparagraph. ERAL GOVERNMENT. prevent, investigate, or otherwise mitigate (4) ANTITRUST EXEMPTION.—The exchange (a) CLASSIFIED INFORMATION.— threats to information security across the or provision of cyber threat information or (1) PROCEDURES.—Consistent with the pro- Federal government; assistance between 2 or more private entities tection of intelligence sources and methods, (C) is handled by the Federal government under this title shall not be considered a vio- and as otherwise determined appropriate, the in a reasonable manner, including consider- lation of any provision of antitrust laws if Director of National Intelligence and the ation of the need to protect the privacy and exchanged or provided in order to assist Secretary of Defense, in consultation with civil liberties of individuals through with— the heads of the appropriate Federal depart- anonymization or other appropriate meth- (A) facilitating the prevention, investiga- ments or agencies, shall develop and promul- ods, while fully accomplishing the objectives tion, or mitigation of threats to information gate procedures to facilitate and promote— of this title, and the Federal government security; or (A) the immediate sharing, through the cy- may undertake efforts consistent with this (B) communicating or disclosing of cyber bersecurity centers, of classified cyber subparagraph to limit the impact on privacy threat information to help prevent, inves- threat information in the possession of the and civil liberties of the sharing of cyber tigate or otherwise mitigate the effects of a Federal government with appropriately threat information with the Federal govern- threat to information security. cleared representatives of any appropriate ment; and (5) NO RIGHT OR BENEFIT.—The provision of entity; and (D) except as provided in this section, shall cyber threat information to an entity under (B) the declassification and immediate only be used, disclosed, or handled in accord- this section shall not create a right or a ben- sharing, through the cybersecurity centers, with any entity or, if appropriate, public ance with the provisions of subsection (c); efit to similar information by such entity or availability of cyber threat information in and any other entity. the possession of the Federal government; (2) a Federal agency or department under (f) FEDERAL PREEMPTION.— (2) HANDLING OF CLASSIFIED INFORMATION.— subsection (b) is provided immediately to a (1) IN GENERAL.—This section supersedes The procedures developed under paragraph cybersecurity center in order to prevent, in- any statute or other law of a State or polit- (1) shall ensure that each entity receiving vestigate, or otherwise mitigate threats to ical subdivision of a State that restricts or classified cyber threat information pursuant information security across the Federal gov- otherwise expressly regulates an activity au- to this section has acknowledged in writing ernment. thorized under this section. the ongoing obligation to comply with all (2) STATE LAW ENFORCEMENT.—Nothing in (e) INFORMATION SHARED BETWEEN ENTI- laws, executive orders, and procedures con- this section shall be construed to supersede TIES.— cerning the appropriate handling, disclosure, (1) IN GENERAL.—An entity sharing cyber any statute or other law of a State or polit- or use of classified information. threat information with another entity ical subdivision of a State concerning the (b) UNCLASSIFIED CYBER THREAT INFORMA- under this title may restrict the use or shar- use of authorized law enforcement tech- TION.—The heads of each department or ing of such information by such other entity. niques. agency containing a cybersecurity center (2) FURTHER SHARING.—Cyber threat infor- (3) PUBLIC DISCLOSURE.—No information shall jointly develop and promulgate proce- mation shared by any entity with another shared with or provided to a State, tribal, or dures that ensure that, consistent with the entity under this title— local government or government agency pur- provisions of this section, unclassified, in- (A) shall only be further shared in accord- suant to this section shall be made publicly cluding controlled unclassified, cyber threat ance with any restrictions placed on the available pursuant to any State, tribal, or information in the possession of the Federal sharing of such information by the entity local law requiring disclosure of information government— authorizing such sharing, such as appro- or records. (1) is shared, through the cybersecurity priate anonymization of such information; (g) CIVIL AND CRIMINAL LIABILITY.— centers, in an immediate and adequate man- and (1) GENERAL PROTECTIONS.— ner with appropriate entities; and

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5763

(2) if appropriate, is made publicly avail- (d) USE AND RETENTION OF INFORMATION.— information from such cybersecurity cen- able. Nothing in this title shall be construed to ters, with the procedures required under sec- (c) DEVELOPMENT OF PROCEDURES.— authorize, or to modify any existing author- tion 102 of this Act. (1) IN GENERAL.—The procedures developed ity of, a department or agency of the Federal (b) SCOPE OF REVIEW.—The review under under this section shall incorporate, to the government to retain or use any information subsection (a) shall consider whether the greatest extent possible, existing processes shared under section 102 for any use other Federal government has handled such cyber utilized by sector specific information shar- than a use permitted under section 102(c)(1). threat information in a reasonable manner, ing and analysis centers. (e) NO NEW FUNDING.—An applicable Fed- including consideration of the need to pro- (2) COORDINATION WITH ENTITIES.—In devel- eral agency shall carry out the provisions of tect the privacy and civil liberties of individ- oping the procedures required under this sec- this title with existing facilities and funds uals through anonymization or other appro- tion, the Director of National Intelligence otherwise available, through such means as priate methods, while fully accomplishing and the heads of each department or agency the head of the agency considers appropriate. the objectives of this title. containing a cybersecurity center shall co- SEC. 105. REPORT ON IMPLEMENTATION. (c) REPORT TO CONGRESS.—Each review ordinate with appropriate entities to ensure (a) CONTENT OF REPORT.—Not later than 1 conducted under this section shall be pro- that protocols are implemented that will fa- year after the date of enactment of this Act, vided to Congress not later than 30 days after cilitate and promote the sharing of cyber and biennially thereafter, the heads of each the date of completion of the review. threat information by the Federal govern- department or agency containing a cyberse- SEC. 107. TECHNICAL AMENDMENTS. ment. curity center shall jointly submit, in coordi- Section 552(b) of title 5, United States (d) ADDITIONAL RESPONSIBILITIES OF CYBER- nation with the privacy and civil liberties of- Code, is amended— SECURITY CENTERS.—Consistent with section ficials of such departments or agencies and (1) in paragraph (8), by striking ‘‘or’’; 102, a cybersecurity center shall— the Privacy and Civil Liberties Oversight (2) in paragraph (9), by striking ‘‘wells.’’ (1) facilitate information sharing, inter- Board, a detailed report to Congress con- and inserting ‘‘wells; or’’; and action, and collaboration among and be- cerning the implementation of this title, in- (3) by adding at the end the following: tween cybersecurity centers and— cluding— ‘‘(10) information shared with or provided (A) other Federal entities; (1) an assessment of the sufficiency of the to a cybersecurity center under section 102 of (B) any entity; and procedures developed under section 103 of title I of the Strengthening and Enhancing (C) international partners, in consultation this Act in ensuring that cyber threat infor- Cybersecurity by Using Research, Education, with the Secretary of State; mation in the possession of the Federal gov- Information, and Technology Act of 2012.’’. (2) disseminate timely and actionable cy- ernment is provided in an immediate and SEC. 108. ACCESS TO CLASSIFIED INFORMATION. bersecurity threat, vulnerability, mitiga- adequate manner to appropriate entities or, tion, and warning information, including if appropriate, is made publicly available; (a) AUTHORIZATION REQUIRED.—No person alerts, advisories, indicators, signatures, and (2) an assessment of whether information shall be provided with access to classified in- mitigation and response measures, to im- has been appropriately classified and an ac- formation (as defined in section 6.1 of Execu- prove the security and protection of informa- counting of the number of security clear- tive Order 13526 (50 U.S.C. 435 note; relating tion systems; and ances authorized by the Federal government to classified national security information)) (3) coordinate with other Federal entities, for purposes of this title; relating to cyber security threats or cyber as appropriate, to integrate information (3) a review of the type of cyber threat in- security vulnerabilities under this title with- from across the Federal government to pro- formation shared with a cybersecurity cen- out the appropriate security clearances. vide situational awareness of the cybersecu- ter under section 102 of this Act, including (b) SECURITY CLEARANCES.—The appro- rity posture of the United States. whether such information meets the defini- priate Federal agencies or departments (e) SHARING WITHIN THE FEDERAL GOVERN- tion of cyber threat information under sec- shall, consistent with applicable procedures MENT.—The heads of appropriate Federal de- tion 101, the degree to which such informa- and requirements, and if otherwise deemed partments and agencies shall ensure that tion may impact the privacy and civil lib- appropriate, assist an individual in timely cyber threat information in the possession of erties of individuals, any appropriate obtaining an appropriate security clearance such Federal departments or agencies that metrics to determine any impact of the shar- where such individual has been determined relates to the prevention, investigation, or ing of such information with the Federal to be eligible for such clearance and has a mitigation of threats to information secu- government on privacy and civil liberties, need-to-know (as defined in section 6.1 of rity across the Federal government is shared and the adequacy of any steps taken to re- that Executive Order) classified information effectively with the cybersecurity centers. duce such impact; to carry out this title. (f) SUBMISSION TO CONGRESS.—Not later (4) a review of actions taken by the Federal TITLE II—COORDINATION OF FEDERAL than 60 days after the date of enactment of government based on information provided INFORMATION SECURITY POLICY this Act, the Director of National Intel- to a cybersecurity center under section 102 of SEC. 201. COORDINATION OF FEDERAL INFORMA- ligence, in coordination with the appropriate this Act, including the appropriateness of TION SECURITY POLICY. head of a department or an agency con- any subsequent use under section 102(c)(1) of (a) IN GENERAL.—Chapter 35 of title 44, taining a cybersecurity center, shall submit this Act and whether there was inappro- United States Code, is amended by striking the procedures required by this section to priate stovepiping within the Federal gov- subchapters II and III and inserting the fol- Congress. ernment of any such information; lowing: SEC. 104. CONSTRUCTION. (5) a description of any violations of the re- ‘‘SUBCHAPTER II—INFORMATION quirements of this title by the Federal gov- (a) INFORMATION SHARING RELATIONSHIPS.— SECURITY Nothing in this title shall be construed— ernment; (1) to limit or modify an existing informa- (6) a classified list of entities that received ‘‘§ 3551. Purposes tion sharing relationship; classified information from the Federal gov- ‘‘The purposes of this subchapter are— (2) to prohibit a new information sharing ernment under section 103 of this Act and a ‘‘(1) to provide a comprehensive framework relationship; description of any indication that such infor- for ensuring the effectiveness of information (3) to require a new information sharing re- mation may not have been appropriately security controls over information resources lationship between any entity and the Fed- handled; that support Federal operations and assets; eral government, except as specified under (7) a summary of any breach of informa- ‘‘(2) to recognize the highly networked na- section 102(b); or tion security, if known, attributable to a ture of the current Federal computing envi- (4) to modify the authority of a depart- specific failure by any entity or the Federal ronment and provide effective government- ment or agency of the Federal government government to act on cyber threat informa- wide management of policies, directives, to protect sources and methods and the na- tion in the possession of such entity or the standards, and guidelines, as well as effec- tional security of the United States. Federal government that resulted in sub- tive and nimble oversight of and response to (b) ANTI-TASKING RESTRICTION.—Nothing in stantial economic harm or injury to a spe- information security risks, including coordi- this title shall be construed to permit the cific entity or the Federal government; and nation of information security efforts Federal government— (8) any recommendation for improvements throughout the Federal civilian, national se- (1) to require an entity to share informa- or modifications to the authorities under curity, and law enforcement communities; tion with the Federal government, except as this title. ‘‘(3) to provide for development and main- expressly provided under section 102(b); or (b) FORM OF REPORT.—The report under tenance of controls required to protect agen- (2) to condition the sharing of cyber threat subsection (a) shall be submitted in unclassi- cy information and information systems and information with an entity on such entity’s fied form, but shall include a classified contribute to the overall improvement of provision of cyber threat information to the annex. agency information security posture; Federal government. SEC. 106. INSPECTOR GENERAL REVIEW. ‘‘(4) to provide for the development of tools (c) NO LIABILITY FOR NON-PARTICIPATION.— (a) IN GENERAL.—The Council of the In- and methods to assess and respond to real- Nothing in this title shall be construed to spectors General on Integrity and Efficiency time situational risk for Federal informa- subject any entity to liability for choosing are authorized to review compliance by the tion system operations and assets; and not to engage in the voluntary activities au- cybersecurity centers, and by any Federal ‘‘(5) to provide a mechanism for improving thorized under this title. department or agency receiving cyber threat agency information security programs

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5764 CONGRESSIONAL RECORD — SENATE July 31, 2012 through continuous monitoring of agency in- ‘‘(B) constitutes a violation of law or an cyber incident resulting in, or an attempted formation systems and streamlined report- imminent threat of violation of a law, a se- cyber incident that, if successful, would have ing requirements rather than overly pre- curity policy, a security procedure, or an ac- resulted in— scriptive manual reporting. ceptable use policy. ‘‘(A) the exfiltration from a Federal infor- ‘‘§ 3552. Definitions ‘‘(9) INFORMATION RESOURCES.—The term mation system of data that is essential to ‘‘In this subchapter: ‘information resources’ has the meaning the operation of the Federal information sys- ‘‘(1) ADEQUATE SECURITY.—The term ‘ade- given the term in section 3502 of title 44. tem; or quate security’ means security commensu- ‘‘(10) INFORMATION SECURITY.—The term ‘‘(B) an incident in which an operational or rate with the risk and magnitude of the ‘information security’ means protecting in- technical control essential to the security or harm resulting from the unauthorized access formation and information systems from dis- operation of a Federal information system to or loss, misuse, destruction, or modifica- ruption or unauthorized access, use, disclo- was defeated. tion of information. sure, modification, or destruction in order to ‘‘(20) TECHNICAL CONTROL.—The term ‘tech- provide— nical control’ means a hardware or software ‘‘(2) AGENCY.—The term ‘agency’ has the meaning given the term in section 3502 of ‘‘(A) integrity, by guarding against im- restriction on, or audit of, access or use of an title 44. proper information modification or destruc- information system or information that is tion, including by ensuring information non- stored on, processed by, or transiting an in- ‘‘(3) CYBERSECURITY CENTER.—The term repudiation and authenticity; formation system that is intended to ensure ‘cybersecurity center’ means the Depart- ‘‘(B) confidentiality, by preserving author- the confidentiality, integrity, or availability ment of Defense Cyber Crime Center, the In- ized restrictions on access and disclosure, in- of that system. telligence Community Incident Response cluding means for protecting personal pri- Center, the United States Cyber Command ‘‘§ 3553. Federal information security author- vacy and proprietary information; or Joint Operations Center, the National Cyber ity and coordination ‘‘(C) availability, by ensuring timely and Investigative Joint Task Force, the National ‘‘(a) IN GENERAL.—The Secretary, in con- reliable access to and use of information. Security Agency/Central Security Service sultation with the Secretary of Homeland ‘‘(11) INFORMATION SYSTEM.—The term ‘in- Threat Operations Center, the National Cy- Security, shall— formation system’ has the meaning given the ‘‘(1) issue compulsory and binding policies bersecurity and Communications Integration term in section 3502 of title 44. Center, and any successor center. and directives governing agency information ‘‘(12) INFORMATION TECHNOLOGY.—The term ‘‘(4) CYBER THREAT INFORMATION.—The security operations, and require implemen- ‘information technology’ has the meaning tation of such policies and directives, includ- term ‘cyber threat information’ means infor- given the term in section 11101 of title 40. mation that indicates or describes— ing— ‘‘(13) MALICIOUS RECONNAISSANCE.—The ‘‘(A) policies and directives consistent with ‘‘(A) a technical or operation vulnerability term ‘malicious reconnaissance’ means a or a cyber threat mitigation measure; the standards and guidelines promulgated method for actively probing or passively under section 11331 of title 40 to identify and ‘‘(B) an action or operation to mitigate a monitoring an information system for the cyber threat; provide information security protections purpose of discerning technical prioritized and commensurate with the risk ‘‘(C) malicious reconnaissance, including vulnerabilities of the information system, if anomalous patterns of network activity that and impact resulting from the unauthorized such method is associated with a known or access, use, disclosure, disruption, modifica- appear to be transmitted for the purpose of suspected cybersecurity threat. gathering technical information related to a tion, or destruction of— ‘‘(14) NATIONAL SECURITY SYSTEM.— ‘‘(i) information collected or maintained cybersecurity threat; ‘‘(A) IN GENERAL.—The term ‘national secu- ‘‘(D) a method of defeating a technical con- by or on behalf of an agency; or rity system’ means any information system ‘‘(ii) information systems used or operated trol; (including any telecommunications system) by an agency or by a contractor of an agency ‘‘(E) a method of defeating an operational used or operated by an agency or by a con- or other organization on behalf of an agency; control; tractor of an agency, or other organization ‘‘(B) minimum operational requirements ‘‘(F) network activity or protocols known on behalf of an agency— for Federal Government to protect agency to be associated with a malicious cyber actor ‘‘(i) the function, operation, or use of information systems and provide common or that signify malicious cyber intent; which— situational awareness across all agency in- ‘‘(G) a method of causing a user with le- ‘‘(I) involves intelligence activities; formation systems; gitimate access to an information system or ‘‘(II) involves cryptologic activities related ‘‘(C) reporting requirements, consistent information that is stored on, processed by, to national security; with relevant law, regarding information se- or transiting an information system to inad- ‘‘(III) involves command and control of curity incidents and cyber threat informa- vertently enable the defeat of a technical or military forces; tion; operational control; ‘‘(IV) involves equipment that is an inte- ‘‘(D) requirements for agencywide informa- ‘‘(H) any other attribute of a cybersecurity gral part of a weapon or weapons system; or tion security programs; threat or cyber defense information that ‘‘(V) subject to subparagraph (B), is crit- ‘‘(E) performance requirements and would foster situational awareness of the ical to the direct fulfillment of military or metrics for the security of agency informa- United States cybersecurity posture, if dis- intelligence missions; or tion systems; closure of such attribute or information is ‘‘(ii) is protected at all times by procedures ‘‘(F) training requirements to ensure that not otherwise prohibited by law; established for information that have been agencies are able to fully and timely comply ‘‘(I) the actual or potential harm caused by specifically authorized under criteria estab- with the policies and directives issued by the a cyber incident, including information lished by an Executive Order or an Act of Secretary under this subchapter; exfiltrated when it is necessary in order to Congress to be kept classified in the interest ‘‘(G) training requirements regarding pri- identify or describe a cybersecurity threat; of national defense or foreign policy. vacy, civil rights, and civil liberties, and in- or ‘‘(B) LIMITATION.—Subparagraph (A)(i)(V) formation oversight for agency information ‘‘(J) any combination of subparagraphs (A) does not include a system that is to be used security personnel; through (I). for routine administrative and business ap- ‘‘(H) requirements for the annual reports ‘‘(5) DIRECTOR.—The term ‘Director’ means plications (including payroll, finance, logis- to the Secretary under section 3554(d); the Director of the Office of Management tics, and personnel management applica- ‘‘(I) any other information security oper- and Budget unless otherwise specified. tions). ations or information security requirements ‘‘(6) ENVIRONMENT OF OPERATION.—The ‘‘(15) OPERATIONAL CONTROL.—The term as determined by the Secretary in coordina- term ‘environment of operation’ means the ‘operational control’ means a security con- tion with relevant agency heads; and information system and environment in trol for an information system that pri- ‘‘(J) coordinating the development of which those systems operate, including marily is implemented and executed by peo- standards and guidelines under section 20 of changing threats, vulnerabilities, tech- ple. the National Institute of Standards and nologies, and missions and business prac- ‘‘(16) PERSON.—The term ‘person’ has the Technology Act (15 U.S.C. 278g–3) with agen- tices. meaning given the term in section 3502 of cies and offices operating or exercising con- ‘‘(7) FEDERAL INFORMATION SYSTEM.—The title 44. trol of national security systems (including term ‘Federal information system’ means an ‘‘(17) SECRETARY.—The term ‘Secretary’ the National Security Agency) to assure, to information system used or operated by an means the Secretary of Commerce unless the maximum extent feasible, that such executive agency, by a contractor of an exec- otherwise specified. standards and guidelines are complementary utive agency, or by another organization on ‘‘(18) SECURITY CONTROL.—The term ‘secu- with standards and guidelines developed for behalf of an executive agency. rity control’ means the management, oper- national security systems; ‘‘(8) INCIDENT.—The term ‘incident’ means ational, and technical controls, including ‘‘(2) review the agencywide information se- an occurrence that— safeguards or countermeasures, prescribed curity programs under section 3554; and ‘‘(A) actually or imminently jeopardizes for an information system to protect the ‘‘(3) designate an individual or an entity at the integrity, confidentiality, or availability confidentiality, integrity, and availability of each cybersecurity center, among other re- of an information system or the information the system and its information. sponsibilities— that system controls, processes, stores, or ‘‘(19) SIGNIFICANT CYBER INCIDENT.—The ‘‘(A) to receive reports and information transmits; or term ‘significant cyber incident’ means a about information security incidents, cyber

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5765 threat information, and deterioration of se- ‘‘(2) ensure that each senior agency official the necessary qualifications to administer curity control affecting agency information provides information security for the infor- the functions described in this subchapter systems; and mation and information systems that sup- and has information security duties as a pri- ‘‘(B) to act on or share the information port the operations and assets under the sen- mary duty of that official. under subparagraph (A) in accordance with ior agency official’s control, including by— ‘‘(b) CHIEF INFORMATION OFFICERS.—Each this subchapter. ‘‘(A) assessing the risk and impact that Chief Information Officer or equivalent (or ‘‘(b) CONSIDERATIONS.—When issuing poli- could result from the unauthorized access, the senior agency official who reports to the cies and directives under subsection (a), the use, disclosure, disruption, modification, or Chief Information Officer or equivalent) Secretary shall consider any applicable destruction of such information or informa- under subsection (a)(5) shall— standards or guidelines developed by the Na- tion systems; ‘‘(1) establish and maintain an enterprise tional Institute of Standards and Technology ‘‘(B) determining the level of information security operations capability that on a con- under section 11331 of title 40. security appropriate to protect such infor- tinuous basis— ‘‘(c) LIMITATION OF AUTHORITY.—The au- mation and information systems in accord- ‘‘(A) detects, reports, contains, mitigates, thorities of the Secretary under this section ance with policies and directives issued and responds to information security inci- shall not apply to national security systems. under section 3553(a), and standards and dents that impair adequate security of the Information security policies, directives, guidelines promulgated under section 11331 agency’s information or information system standards and guidelines for national secu- of title 40 for information security classifica- in a timely manner and in accordance with rity systems shall be overseen as directed by tions and related requirements; the policies and directives under section 3553; the President and, in accordance with that ‘‘(C) implementing policies, procedures, and direction, carried out under the authority of and capabilities to reduce risks to an accept- ‘‘(B) reports any information security inci- the heads of agencies that operate or exer- able level in a cost-effective manner; dent under subparagraph (A) to the entity cise authority over such national security ‘‘(D) actively monitoring the effective im- designated under section 3555; systems. plementation of information security con- ‘‘(2) develop, maintain, and oversee an ‘‘(d) STATUTORY CONSTRUCTION.—Nothing trols and techniques; and agencywide information security program; in this subchapter shall be construed to alter ‘‘(E) reporting information about informa- ‘‘(3) develop, maintain, and oversee infor- or amend any law regarding the authority of tion security incidents, cyber threat infor- mation security policies, procedures, and any head of an agency over such agency. mation, and deterioration of security con- control techniques to address applicable re- ‘‘§ 3554. Agency responsibilities trols in a timely and adequate manner to the quirements, including requirements under ‘‘(a) IN GENERAL.—The head of each agency entity designated under section 3553(a)(3) in section 3553 of this title and section 11331 of shall— accordance with paragraph (1); title 40; and ‘‘(1) be responsible for— ‘‘(3) assess and maintain the resiliency of ‘‘(4) train and oversee the agency personnel ‘‘(A) complying with the policies and direc- information technology systems critical to who have significant responsibility for infor- tives issued under section 3553; agency mission and operations; mation security with respect to that respon- ‘‘(B) providing information security pro- ‘‘(4) designate the agency Inspector Gen- sibility. tections commensurate with the risk result- eral (or an independent entity selected in ‘‘(c) AGENCYWIDE INFORMATION SECURITY ing from unauthorized access, use, disclo- consultation with the Director and the Coun- PROGRAMS.— sure, disruption, modification, or destruction cil of Inspectors General on Integrity and Ef- ‘‘(1) IN GENERAL.—Each agencywide infor- of— ficiency if the agency does not have an In- mation security program under subsection ‘‘(i) information collected or maintained spector General) to conduct the annual inde- (b)(2) shall include— by the agency or by a contractor of an agen- pendent evaluation required under section ‘‘(A) relevant security risk assessments, cy or other organization on behalf of an 3556, and allow the agency Inspector General including technical assessments and others agency; and to contract with an independent entity to related to the acquisition process; ‘‘(ii) information systems used or operated perform such evaluation; ‘‘(B) security testing commensurate with by an agency or by a contractor of an agency ‘‘(5) delegate to the Chief Information Offi- risk and impact; or other organization on behalf of an agency; cer or equivalent (or to a senior agency offi- ‘‘(C) mitigation of deterioration of security ‘‘(C) complying with the requirements of cial who reports to the Chief Information Of- controls commensurate with risk and im- this subchapter, including— ficer or equivalent)— pact; ‘‘(i) information security standards and ‘‘(A) the authority and primary responsi- ‘‘(D) risk-based continuous monitoring and guidelines promulgated under section 11331 bility to implement an agencywide informa- threat assessment of the operational status of title 40; tion security program; and and security of agency information systems ‘‘(ii) for any national security systems op- ‘‘(B) the authority to provide information to enable evaluation of the effectiveness of erated or controlled by that agency, infor- security for the information collected and and compliance with information security mation security policies, directives, stand- maintained by the agency (or by a con- policies, procedures, and practices, including ards and guidelines issued as directed by the tractor, other agency, or other source on be- a relevant and appropriate selection of secu- President; and half of the agency) and for the information rity controls of information systems identi- ‘‘(iii) for any non-national security sys- systems that support the operations, assets, fied in the inventory under section 3505(c); tems operated or controlled by that agency, and mission of the agency (including any in- ‘‘(E) operation of appropriate technical ca- information security policies, directives, formation system provided or managed by a pabilities in order to detect, mitigate, re- standards and guidelines issued under sec- contractor, other agency, or other source on port, and respond to information security in- tion 3553; behalf of the agency); cidents, cyber threat information, and dete- ‘‘(D) ensuring that information security ‘‘(6) delegate to the appropriate agency of- rioration of security controls in a manner management processes are integrated with ficial (who is responsible for a particular that is consistent with the policies and di- agency strategic and operational planning agency system or subsystem) the responsi- rectives under section 3553, including— processes; bility to ensure and enforce compliance with ‘‘(i) mitigating risks associated with such ‘‘(E) reporting and sharing, for an agency all requirements of the agency’s agencywide information security incidents; operating or exercising control of a national information security program in coordina- ‘‘(ii) notifying and consulting with the en- security system, information about informa- tion with the Chief Information Officer or tity designated under section 3555; and tion security incidents, cyber threat infor- equivalent (or the senior agency official who ‘‘(iii) notifying and consulting with, as ap- mation, and deterioration of security con- reports to the Chief Information Officer or propriate— trols to the individual or entity designated equivalent) under paragraph (5); ‘‘(I) law enforcement and the relevant Of- at each cybersecurity center and to other ap- ‘‘(7) ensure that an agency has trained per- fice of the Inspector General; and propriate entities consistent with policies sonnel who have obtained any necessary se- ‘‘(II) any other entity, in accordance with and directives for national security systems curity clearances to permit them to assist law and as directed by the President; issued as directed by the President; and the agency in complying with this sub- ‘‘(F) a process to ensure that remedial ac- ‘‘(F) reporting and sharing, for those agen- chapter; tion is taken to address any deficiencies in cies operating or exercising control of non- ‘‘(8) ensure that the Chief Information Offi- the information security policies, proce- national security systems, information cer or equivalent (or the senior agency offi- dures, and practices of the agency; and about information security incidents, cyber cial who reports to the Chief Information Of- ‘‘(G) a plan and procedures to ensure the threat information, and deterioration of se- ficer or equivalent) under paragraph (5), in continuity of operations for information sys- curity controls to the individual or entity coordination with other senior agency offi- tems that support the operations and assets designated at each cybersecurity center and cials, reports to the agency head on the ef- of the agency. to other appropriate entities consistent with fectiveness of the agencywide information ‘‘(2) RISK MANAGEMENT STRATEGIES.—Each policies and directives for non-national secu- security program, including the progress of agencywide information security program rity systems as prescribed under section any remedial actions; and under subsection (b)(2) shall include the de- 3553(a), including information to assist the ‘‘(9) ensure that the Chief Information Offi- velopment and maintenance of a risk man- entity designated under section 3555(a) with cer or equivalent (or the senior agency offi- agement strategy for information security. the ongoing security analysis under section cial who reports to the Chief Information Of- The risk management strategy shall in- 3555; ficer or equivalent) under paragraph (5) has clude—

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5766 CONGRESSIONAL RECORD — SENATE July 31, 2012

‘‘(A) consideration of information security ‘‘(b) STANDARDS.—The National Institute ‘‘(1) provides information security protec- incidents, cyber threat information, and de- of Standards and Technology may promul- tions commensurate with the risk and mag- terioration of security controls; and gate standards, in coordination with the Sec- nitude of the harm resulting from the unau- ‘‘(B) consideration of the consequences retary of Homeland Security, to assist an thorized access, use, disclosure, disruption, that could result from the unauthorized ac- agency with its duties under this section. modification, or destruction of the informa- cess, use, disclosure, disruption, modifica- ‘‘(c) COMPLIANCE.—The head of each appro- tion contained in such system; and tion, or destruction of information and infor- priate department and agency shall be re- ‘‘(2) implements information security poli- mation systems that support the operations sponsible for ensuring compliance and imple- cies and practices as required by standards and assets of the agency, including any in- menting necessary procedures to comply and guidelines for national security systems, formation system provided or managed by a with this section. The head of each appro- issued in accordance with law and as di- contractor, other agency, or other source on priate department and agency, in consulta- rected by the President.’’. behalf of the agency; tion with the Director of the Office of Man- (b) SAVINGS PROVISIONS.— ‘‘(3) POLICIES AND PROCEDURES.—Each agen- agement and Budget and the Secretary of (1) POLICY AND COMPLIANCE GUIDANCE.—Pol- cywide information security program under Homeland Security, shall— icy and compliance guidance issued by the subsection (b)(2) shall include policies and ‘‘(1) monitor compliance under this sec- Director before the date of enactment of this procedures that— tion; Act under section 3543(a)(1) of title 44, United ‘‘(A) are based on the risk management ‘‘(2) develop a timeline and implement for States Code (as in effect on the day before strategy under paragraph (2); the department or agency— the date of enactment of this Act), shall con- ‘‘(B) reduce information security risks to ‘‘(A) adoption of any technology, system, tinue in effect, according to its terms, until an acceptable level in a cost-effective man- or method that facilitates continuous moni- modified, terminated, superseded, or re- ner; toring and threat assessments of an agency pealed pursuant to section 3553(a)(1) of title ‘‘(C) ensure that cost-effective and ade- information system; 44, United States Code. quate information security is addressed as ‘‘(B) adoption or updating of any tech- (2) STANDARDS AND GUIDELINES.—Standards part of the acquisition and ongoing manage- nology, system, or method that prevents, de- and guidelines issued by the Secretary of ment of each agency information system; tects, or remediates a significant cyber inci- Commerce or by the Director before the date and dent to a Federal information system of the of enactment of this Act under section ‘‘(D) ensure compliance with— department or agency that has impeded, or 11331(a)(1) of title 40, United States Code, (as ‘‘(i) this subchapter; and is reasonably likely to impede, the perform- in effect on the day before the date of enact- ‘‘(ii) any other applicable requirements. ance of a critical mission of the department ment of this Act) shall continue in effect, ac- ‘‘(4) TRAINING REQUIREMENTS.—Each agen- or agency; and cording to their terms, until modified, ter- cywide information security program under ‘‘(C) adoption of any technology, system, minated, superseded, or repealed pursuant to subsection (b)(2) shall include information or method that satisfies a requirement under section 11331(a)(1) of title 40, United States security, privacy, civil rights, civil liberties, this section. Code, as amended by this Act. and information oversight training that ‘‘(d) LIMITATION OF AUTHORITY.—The au- (c) TECHNICAL AND CONFORMING AMEND- meets any applicable requirements under thorities of the Director of the Office of Man- MENTS.— section 3553. The training shall inform each agement and Budget and of the Secretary of (1) CHAPTER ANALYSIS.—The chapter anal- information security personnel that has ac- Homeland Security under this section shall ysis for chapter 35 of title 44, United States cess to agency information systems (includ- not apply to national security systems. Code, is amended— ing contractors and other users of informa- ‘‘(e) REPORT.—Not later than 6 months (A) by striking the items relating to sec- tion systems that support the operations and after the date of enactment of the Strength- tions 3531 through 3538; assets of the agency) of— ening and Enhancing Cybersecurity by Using (B) by striking the items relating to sec- ‘‘(A) the information security risks associ- Research, Education, Information, and Tech- tions 3541 through 3549; and ated with the information security person- nology Act of 2012, the Government Account- (C) by inserting the following: nel’s activities; and ability Office shall issue a report evaluating ‘‘3551. Purposes. ‘‘(B) the individual’s responsibility to com- each agency’s status toward implementing ‘‘3552. Definitions. ply with the agency policies and procedures this section. ‘‘3553. Federal information security author- that reduce the risks under subparagraph ‘‘§ 3556. Independent evaluations ity and coordination. (A). ‘‘(a) IN GENERAL.—The Council of the In- ‘‘3554. Agency responsibilities. ‘‘(d) ANNUAL REPORT.—Each agency shall spectors General on Integrity and Efficiency, ‘‘3555. Multiagency ongoing threat assess- submit a report annually to the Secretary of in consultation with the Director and the ment. Homeland Security on its agencywide infor- Secretary of Homeland Security, the Sec- ‘‘3556. Independent evaluations. mation security program and information retary of Commerce, and the Secretary of ‘‘3557. National security systems.’’. systems. Defense, shall issue and maintain criteria for (2) OTHER REFERENCES.— ‘‘§ 3555. Multiagency ongoing threat assess- the timely, cost-effective, risk-based, and (A) Section 1001(c)(1)(A) of the Homeland ment independent evaluation of each agencywide Security Act of 2002 (6 U.S.C. 511(1)(A)) is ‘‘(a) IMPLEMENTATION.—The Director of the information security program (and prac- amended by striking ‘‘section 3532(3)’’ and in- Office of Management and Budget, in coordi- tices) to determine the effectiveness of the serting ‘‘section 3552’’. nation with the Secretary of Homeland Secu- agencywide information security program (B) Section 2222(j)(5) of title 10, United rity, shall designate an entity to implement (and practices). The criteria shall include States Code, is amended by striking ‘‘section ongoing security analysis concerning agency measures to assess any conflicts of interest 3542(b)(2)’’ and inserting ‘‘section 3552’’. information systems— in the performance of the evaluation and (C) Section 2223(c)(3) of title 10, United ‘‘(1) based on cyber threat information; whether the agencywide information secu- States Code, is amended, by striking ‘‘sec- ‘‘(2) based on agency information system rity program includes appropriate safeguards tion 3542(b)(2)’’ and inserting ‘‘section 3552’’. and environment of operation changes, in- against disclosure of information where such (D) Section 2315 of title 10, United States cluding— disclosure may adversely affect information Code, is amended by striking ‘‘section ‘‘(A) an ongoing evaluation of the informa- security. 3542(b)(2)’’ and inserting ‘‘section 3552’’. tion system security controls; and ‘‘(b) ANNUAL INDEPENDENT EVALUATIONS.— (E) Section 20 of the National Institute of ‘‘(B) the security state, risk level, and en- Each agency shall perform an annual inde- Standards and Technology Act (15 U.S.C. vironment of operation of an agency infor- pendent evaluation of its agencywide infor- 278g–3) is amended— mation system, including— mation security program (and practices) in (i) in subsection (a)(2), by striking ‘‘section ‘‘(i) a change in risk level due to a new accordance with the criteria under sub- 3532(b)(2)’’ and inserting ‘‘section 3552’’; cyber threat; section (a). (ii) in subsection (c)(3), by striking ‘‘Direc- ‘‘(ii) a change resulting from a new tech- ‘‘(c) DISTRIBUTION OF REPORTS.—Not later tor of the Office of Management and Budget’’ nology; than 30 days after receiving an independent and inserting ‘‘Secretary of Commerce’’; ‘‘(iii) a change resulting from the agency’s evaluation under subsection (b), each agency (iii) in subsection (d)(1), by striking ‘‘Di- mission; and head shall transmit a copy of the inde- rector of the Office of Management and ‘‘(iv) a change resulting from the business pendent evaluation to the Secretary of Budget’’ and inserting ‘‘Secretary of Com- practice; and Homeland Security, the Secretary of Com- merce’’; ‘‘(3) using automated processes to the max- merce, and the Secretary of Defense. (iv) in subsection (d)(8) by striking ‘‘Direc- imum extent possible— ‘‘(d) NATIONAL SECURITY SYSTEMS.—Eval- tor of the Office of Management and Budget’’ ‘‘(A) to increase information system secu- uations involving national security systems and inserting ‘‘Secretary of Commerce’’; rity; shall be conducted as directed by President. (v) in subsection (d)(8), by striking ‘‘sub- ‘‘(B) to reduce paper-based reporting re- ‘‘§ 3557. National security systems. mitted to the Director’’ and inserting ‘‘sub- quirements; and ‘‘The head of each agency operating or ex- mitted to the Secretary’’; ‘‘(C) to maintain timely and actionable ercising control of a national security sys- (vi) in subsection (e)(2), by striking ‘‘sec- knowledge of the state of the information tem shall be responsible for ensuring that tion 3532(1) of such title’’ and inserting ‘‘sec- system security. the agency— tion 3552 of title 44’’; and

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5767 (vii) in subsection (e)(5), by striking ‘‘sec- merce by the National Institute of Standards ‘‘(5)(A) except as provided in subparagraph tion 3532(b)(2) of such title’’ and inserting and Technology under section 20 of the Na- (C), a fine under this title, imprisonment for ‘‘section 3552 of title 44’’. tional Institute of Standards and Technology not more than 20 years, or both, in the case (F) Section 8(d)(1) of the Cyber Security Act (15 U.S.C. 278g–3). of an offense under subsection (a)(5)(A) of Research and Development Act (15 U.S.C. ‘‘(f) NOTICE AND COMMENT.—A decision by this section, if the offense caused— 7406(d)(1)) is amended by striking ‘‘section the Secretary of Commerce to significantly ‘‘(i) loss to 1 or more persons during any 1- 3534(b)’’ and inserting ‘‘section 3554(b)(2)’’. modify, or not promulgate, a proposed stand- year period (and, for purposes of an inves- SEC. 202. MANAGEMENT OF INFORMATION TECH- ard submitted to the Secretary by the Na- tigation, prosecution, or other proceeding NOLOGY. tional Institute of Standards and Technology brought by the United States only, loss re- (a) IN GENERAL.—Section 11331 of title 40, under section 20 of the National Institute of sulting from a related course of conduct af- United States Code, is amended to read as Standards and Technology Act (15 U.S.C. fecting 1 or more other protected computers) follows: 278g–3) shall be made after the public is given aggregating at least $5,000 in value; ‘‘§ 11331. Responsibilities for Federal informa- an opportunity to comment on the Sec- ‘‘(ii) the modification or impairment, or tion systems standards retary’s proposed decision. potential modification or impairment, of the ‘‘(g) DEFINITIONS.—In this section: medical examination, diagnosis, treatment, ‘‘(a) STANDARDS AND GUIDELINES.— ‘‘(1) FEDERAL INFORMATION SYSTEM.—The or care of 1 or more individuals; ‘‘(1) AUTHORITY TO PRESCRIBE.—Except as term ‘Federal information system’ has the ‘‘(iii) physical injury to any person; provided under paragraph (2), the Secretary meaning given the term in section 3552 of ‘‘(iv) a threat to public health or safety; of Commerce shall prescribe standards and title 44. ‘‘(v) damage affecting a computer used by, guidelines pertaining to Federal information ‘‘(2) INFORMATION SECURITY.—The term ‘in- or on behalf of, an entity of the United systems— formation security’ has the meaning given States Government in furtherance of the ad- ‘‘(A) in consultation with the Secretary of the term in section 3552 of title 44. ministration of justice, national defense, or Homeland Security; and ‘‘(3) NATIONAL SECURITY SYSTEM.—The term national security; or ‘‘(B) on the basis of standards and guide- ‘national security system’ has the meaning ‘‘(vi) damage affecting 10 or more pro- lines developed by the National Institute of given the term in section 3552 of title 44.’’. tected computers during any 1-year period; Standards and Technology under paragraphs ‘‘(B) a fine under this title, imprisonment (2) and (3) of section 20(a) of the National In- SEC. 203. NO NEW FUNDING. An applicable Federal agency shall carry for not more than 20 years, or both, in the stitute of Standards and Technology Act (15 case of an offense under subsection (a)(5)(B), U.S.C. 278g–3(a)(2) and (a)(3)). out the provisions of this title with existing facilities and funds otherwise available, if the offense caused a harm provided in ‘‘(2) NATIONAL SECURITY SYSTEMS.—Stand- through such means as the head of the agen- clause (i) through (vi) of subparagraph (A) of ards and guidelines for national security sys- this subsection; tems shall be developed, prescribed, en- cy considers appropriate. SEC. 204. TECHNICAL AND CONFORMING AMEND- ‘‘(C) if the offender attempts to cause or forced, and overseen as otherwise authorized knowingly or recklessly causes death from by law and as directed by the President. MENTS. Section 21(b) of the National Institute of conduct in violation of subsection (a)(5)(A), a ‘‘(b) MANDATORY STANDARDS AND GUIDE- Standards and Technology Act (15 U.S.C. fine under this title, imprisonment for any LINES.— 278g–4(b)) is amended— term of years or for life, or both; ‘‘(1) AUTHORITY TO MAKE MANDATORY STAND- (1) in paragraph (2), by striking ‘‘and the ‘‘(D) a fine under this title, imprisonment ARDS AND GUIDELINES.—The Secretary of Director of the Office of Management and for not more than 10 years, or both, for any Commerce shall make standards and guide- other offense under subsection (a)(5); lines under subsection (a)(1) compulsory and Budget’’ and inserting ‘‘, the Secretary of Commerce, and the Secretary of Homeland ‘‘(E) a fine under this title or imprison- binding to the extent determined necessary ment for not more than 10 years, or both, in by the Secretary of Commerce to improve Security’’; and (2) in paragraph (3), by inserting ‘‘, the the case of an offense under subsection (a)(6) the efficiency of operation or security of of this section; or Federal information systems. Secretary of Homeland Security,’’ after ‘‘the Secretary of Commerce’’. ‘‘(F) a fine under this title or imprison- ‘‘(2) REQUIRED MANDATORY STANDARDS AND ment for not more than 10 years, or both, in GUIDELINES.— SEC. 205. CLARIFICATION OF AUTHORITIES. Nothing in this title shall be construed to the case of an offense under subsection (a)(7) ‘‘(A) IN GENERAL.—Standards and guide- of this section.’’. lines under subsection (a)(1) shall include in- convey any new regulatory authority to any SEC. 302. TRAFFICKING IN PASSWORDS. formation security standards that— government entity implementing or com- plying with any provision of this title. Section 1030(a)(6) of title 18, United States ‘‘(i) provide minimum information security Code, is amended to read as follows: requirements as determined under section TITLE III—CRIMINAL PENALTIES ‘‘(6) knowingly and with intent to defraud 20(b) of the National Institute of Standards SEC. 301. PENALTIES FOR FRAUD AND RELATED traffics (as defined in section 1029) in any and Technology Act (15 U.S.C. 278g–3(b)); and ACTIVITY IN CONNECTION WITH password or similar information or means of ‘‘(ii) are otherwise necessary to improve COMPUTERS. access through which a protected computer Section 1030(c) of title 18, United States the security of Federal information and in- (as defined in subparagraphs (A) and (B) of Code, is amended to read as follows: formation systems. subsection (e)(2)) may be accessed without ‘‘(c) The punishment for an offense under ‘‘(B) BINDING EFFECT.—Information secu- authorization.’’. rity standards under subparagraph (A) shall subsection (a) or (b) of this section is— ‘‘(1) a fine under this title or imprisonment SEC. 303. CONSPIRACY AND ATTEMPTED COM- be compulsory and binding. PUTER FRAUD OFFENSES. ‘‘(c) EXERCISE OF AUTHORITY.—To ensure for not more than 20 years, or both, in the Section 1030(b) of title 18, United States fiscal and policy consistency, the Secretary case of an offense under subsection (a)(1) of Code, is amended by inserting ‘‘as if for the of Commerce shall exercise the authority this section; completed offense’’ after ‘‘punished as pro- conferred by this section subject to direction ‘‘(2)(A) except as provided in subparagraph vided’’. (B), a fine under this title or imprisonment by the President and in coordination with SEC. 304. CRIMINAL AND CIVIL FORFEITURE FOR the Director. for not more than 3 years, or both, in the FRAUD AND RELATED ACTIVITY IN ‘‘(d) APPLICATION OF MORE STRINGENT case of an offense under subsection (a)(2); or CONNECTION WITH COMPUTERS. STANDARDS AND GUIDELINES.—The head of an ‘‘(B) a fine under this title or imprison- Section 1030 of title 18, United States Code, executive agency may employ standards for ment for not more than ten years, or both, in is amended by striking subsections (i) and (j) the cost-effective information security for the case of an offense under subsection (a)(2) and inserting the following: information systems within or under the su- of this section, if— ‘‘(i) CRIMINAL FORFEITURE.— pervision of that agency that are more strin- ‘‘(i) the offense was committed for pur- ‘‘(1) The court, in imposing sentence on gent than the standards and guidelines the poses of commercial advantage or private fi- any person convicted of a violation of this Secretary of Commerce prescribes under this nancial gain; section, or convicted of conspiracy to violate section if the more stringent standards and ‘‘(ii) the offense was committed in the fur- this section, shall order, in addition to any guidelines— therance of any criminal or tortious act in other sentence imposed and irrespective of ‘‘(1) contain at least the applicable stand- violation of the Constitution or laws of the any provision of State law, that such person ards and guidelines made compulsory and United States, or of any State; or forfeit to the United States— binding by the Secretary of Commerce; and ‘‘(iii) the value of the information ob- ‘‘(A) such persons interest in any property, ‘‘(2) are otherwise consistent with the poli- tained, or that would have been obtained if real or personal, that was used, or intended cies, directives, and implementation memo- the offense was completed, exceeds $5,000; to be used, to commit or facilitate the com- randa issued under section 3553(a) of title 44. ‘‘(3) a fine under this title or imprisonment mission of such violation; and ‘‘(e) DECISIONS ON PROMULGATION OF STAND- for not more than 10 years, or both, in the ‘‘(B) any property, real or personal, consti- ARDS AND GUIDELINES.—The decision by the case of an offense under subsection (a)(3) of tuting or derived from any gross proceeds, or Secretary of Commerce regarding the pro- this section; any property traceable to such property, mulgation of any standard or guideline ‘‘(4) a fine under this title or imprisonment that such person obtained, directly or indi- under this section shall occur not later than of not more than 20 years, or both, in the rectly, as a result of such violation. 6 months after the date of submission of the case of an offense under subsection (a)(4) of ‘‘(2) The criminal forfeiture of property proposed standard to the Secretary of Com- this section; under this subsection, including any seizure

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5768 CONGRESSIONAL RECORD — SENATE July 31, 2012 and disposition of the property, and any re- under this section shall run concurrently ‘‘(3) fostering the transfer of research and lated judicial or administrative proceeding, with any other term of imprisonment, in- development results into new technologies shall be governed by the provisions of sec- cluding any term of imprisonment imposed and applications for the benefit of society.’’. tion 413 of the Comprehensive Drug Abuse on the person under any other provision of (b) DEVELOPMENT OF STRATEGIC PLAN.— Prevention and Control Act of 1970 (21 U.S.C. law, including any term of imprisonment im- Section 101 of the High-Performance Com- 853), except subsection (d) of that section. posed for a felony violation of section 1030; puting Act of 1991 (15 U.S.C. 5511) is amended ‘‘(j) CIVIL FORFEITURE.— ‘‘(3) in determining any term of imprison- by adding at the end the following: ‘‘(1) The following shall be subject to for- ment to be imposed for a felony violation of ‘‘(e) STRATEGIC PLAN.— feiture to the United States and no property section 1030, a court shall not in any way re- ‘‘(1) IN GENERAL.—Not later than 1 year right, real or personal, shall exist in them: duce the term to be imposed for such crime after the date of enactment of the Strength- ‘‘(A) Any property, real or personal, that so as to compensate for, or otherwise take ening and Enhancing Cybersecurity by Using was used, or intended to be used, to commit into account, any separate term of imprison- Research, Education, Information, and Tech- or facilitate the commission of any violation ment imposed or to be imposed for a viola- nology Act of 2012, the agencies under sub- of this section, or a conspiracy to violate tion of this section; and section (a)(3)(B), working through the Na- this section. ‘‘(4) a term of imprisonment imposed on a tional Science and Technology Council and ‘‘(B) Any property, real or personal, consti- person for a violation of this section may, in with the assistance of the Office of Science tuting or derived from any gross proceeds ob- the discretion of the court, run concurrently, and Technology Policy shall develop a 5-year tained directly or indirectly, or any property in whole or in part, only with another term strategic plan to guide the activities under subsection (a)(1). traceable to such property, as a result of the of imprisonment that is imposed by the ‘‘(2) CONTENTS.—The strategic plan shall commission of any violation of this section, court at the same time on that person for an specify— or a conspiracy to violate this section. additional violation of this section, provided ‘‘(A) the near-term objectives for the Pro- ‘‘(2) Seizures and forfeitures under this that such discretion shall be exercised in ac- gram; subsection shall be governed by the provi- cordance with any applicable guidelines and ‘‘(B) the long-term objectives for the Pro- sions in chapter 46 relating to civil forfeit- policy statements issued by the United gram; ures, except that such duties as are imposed States Sentencing Commission pursuant to ‘‘(C) the anticipated time frame for achiev- on the Secretary of the Treasury under the section 994 of title 28.’’. ing the near-term objectives; customs laws described in section 981(d) shall (b) TECHNICAL AND CONFORMING AMEND- ‘‘(D) the metrics that will be used to assess be performed by such officers, agents and MENT.—The chapter analysis for chapter 47 of any progress made toward achieving the other persons as may be designated for that title 18, United States Code, is amended by near-term objectives and the long-term ob- purpose by the Secretary of Homeland Secu- inserting after the item relating to section jectives; and rity or the Attorney General.’’. 1030 the following: ‘‘(E) how the Program will achieve the SEC. 305. DAMAGE TO CRITICAL INFRASTRUC- ‘‘1030A. Aggravated damage to a critical in- TURE COMPUTERS. goals and priorities under subsection (d). frastructure computer.’’. ‘‘(3) IMPLEMENTATION ROADMAP.— (a) IN GENERAL.—Chapter 47 of title 18, SEC. 306. LIMITATION ON ACTIONS INVOLVING ‘‘(A) IN GENERAL.—The agencies under sub- United States Code, is amended by inserting UNAUTHORIZED USE. after section 1030 the following: section (a)(3)(B) shall develop and annually Section 1030(e)(6) of title 18, United States update an implementation roadmap for the ‘‘§ 1030A. Aggravated damage to a critical in- Code, is amended by striking ‘‘alter;’’ and in- strategic plan. frastructure computer serting ‘‘alter, but does not include access in ‘‘(B) REQUIREMENTS.—The information in ‘‘(a) DEFINITIONS.—In this section— violation of a contractual obligation or the implementation roadmap shall be coordi- ‘‘(1) the term ‘computer’ has the meaning agreement, such as an acceptable use policy nated with the database under section 102(c) given the term in section 1030; or terms of service agreement, with an Inter- and the annual report under section 101(a)(3). ‘‘(2) the term ‘critical infrastructure com- net service provider, Internet website, or The implementation roadmap shall— puter’ means a computer that manages or non-government employer, if such violation ‘‘(i) specify the role of each Federal agency controls systems or assets vital to national constitutes the sole basis for determining in carrying out or sponsoring research and defense, national security, national eco- that access to a protected computer is unau- development to meet the research objectives nomic security, public health or safety, or thorized;’’. of the strategic plan, including a description any combination of those matters, whether SEC. 307. NO NEW FUNDING. of how progress toward the research objec- publicly or privately owned or operated, in- An applicable Federal agency shall carry tives will be evaluated, with consideration of cluding— out the provisions of this title with existing any relevant recommendations of the advi- ‘‘(A) oil and gas production, storage, con- facilities and funds otherwise available, sory committee; version, and delivery systems; through such means as the head of the agen- ‘‘(ii) specify the funding allocated to each ‘‘(B) water supply systems; cy considers appropriate. major research objective of the strategic ‘‘(C) telecommunication networks; plan and the source of funding by agency for TITLE IV—CYBERSECURITY RESEARCH ‘‘(D) electrical power generation and deliv- the current fiscal year; and AND DEVELOPMENT ery systems; ‘‘(iii) estimate the funding required for ‘‘(E) finance and banking systems; SEC. 401. NATIONAL HIGH-PERFORMANCE COM- each major research objective of the stra- ‘‘(F) emergency services; PUTING PROGRAM PLANNING AND tegic plan for the next 3 fiscal years. COORDINATION. ‘‘(G) transportation systems and services; ‘‘(4) RECOMMENDATIONS.—The agencies and (a) GOALS AND PRIORITIES.—Section 101 of under subsection (a)(3)(B) shall take into ‘‘(H) government operations that provide the High-Performance Computing Act of 1991 consideration when developing the strategic essential services to the public; and (15 U.S.C. 5511) is amended by adding at the plan under paragraph (1) the recommenda- ‘‘(3) the term ‘damage’ has the meaning end the following: tions of— given the term in section 1030. ‘‘(d) GOALS AND PRIORITIES.—The goals and ‘‘(A) the advisory committee under sub- ‘‘(b) OFFENSE.—It shall be unlawful, during priorities for Federal high-performance com- section (b); and and in relation to a felony violation of sec- puting research, development, networking, ‘‘(B) the stakeholders under section tion 1030, to knowingly cause or attempt to and other activities under subsection 102(a)(3). cause damage to a critical infrastructure (a)(2)(A) shall include— ‘‘(5) REPORT TO CONGRESS.—The Director of computer if the damage results in (or, in the ‘‘(1) encouraging and supporting mecha- the Office of Science and Technology Policy case of an attempt, if completed, would have nisms for interdisciplinary research and de- shall transmit the strategic plan under this resulted in) the substantial impairment— velopment in networking and information subsection, including the implementation ‘‘(1) of the operation of the critical infra- technology, including— roadmap and any updates under paragraph structure computer; or ‘‘(A) through collaborations across agen- (3), to— ‘‘(2) of the critical infrastructure associ- cies; ‘‘(A) the advisory committee under sub- ated with the computer. ‘‘(B) through collaborations across Pro- section (b); ‘‘(c) PENALTY.—Any person who violates gram Component Areas; ‘‘(B) the Committee on Commerce, subsection (b) shall be— ‘‘(C) through collaborations with industry; Science, and Transportation of the Senate; ‘‘(1) fined under this title; ‘‘(D) through collaborations with institu- and ‘‘(2) imprisoned for not less than 3 years tions of higher education; ‘‘(C) the Committee on Science and Tech- but not more than 20 years; or ‘‘(E) through collaborations with Federal nology of the House of Representatives.’’. ‘‘(3) penalized under paragraphs (1) and (2). laboratories (as defined in section 4 of the (c) PERIODIC REVIEWS.—Section 101 of the ‘‘(d) CONSECUTIVE SENTENCE.—Notwith- Stevenson-Wydler Technology Innovation High-Performance Computing Act of 1991 (15 standing any other provision of law— Act of 1980 (15 U.S.C. 3703)); and U.S.C. 5511) is amended by adding at the end ‘‘(1) a court shall not place on probation ‘‘(F) through collaborations with inter- the following: any person convicted of a violation of this national organizations; ‘‘(f) PERIODIC REVIEWS.—The agencies section; ‘‘(2) addressing national, multi-agency, under subsection (a)(3)(B) shall— ‘‘(2) except as provided in paragraph (4), no multi-faceted challenges of national impor- ‘‘(1) periodically assess the contents and term of imprisonment imposed on a person tance; and funding levels of the Program Component

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5769 Areas and restructure the Program when ‘‘(E) include a description of how the objec- ‘‘(4) transportation, including surface and warranted, taking into consideration any tives for each Program Component Area, and air transportation; relevant recommendations of the advisory the objectives for activities that involve ‘‘(5) cyber-physical systems; committee under subsection (b); and multiple Program Component Areas, relate ‘‘(6) large-scale data analysis and modeling ‘‘(2) ensure that the Program includes na- to the objectives of the Program identified of physical phenomena; tional, multi-agency, multi-faceted research in the strategic plan under subsection (e); ‘‘(7) large scale data analysis and modeling and development activities, including activi- ‘‘(F) include— of behavioral phenomena; ties described in section 104.’’. ‘‘(i) a description of the funding required ‘‘(8) supply chain quality and security; and (d) ADDITIONAL RESPONSIBILITIES OF DIREC- by the Office of Science and Technology Pol- ‘‘(9) privacy protection and protected dis- TOR.—Section 101(a)(2) of the High-Perform- icy to perform the functions under sub- closure of confidential data. ance Computing Act of 1991 (15 U.S.C. sections (a) and (c) of section 102 for the next ‘‘(c) RECOMMENDATIONS.—The advisory 5511(a)(2)) is amended— fiscal year by category of activity; committee under section 101(b) shall make (1) by redesignating subparagraphs (E) and ‘‘(ii) a description of the funding required recommendations to the Program for can- (F) as subparagraphs (G) and (H), respec- by the Office of Science and Technology Pol- didate research and development areas for tively; and icy to perform the functions under sub- support under this section. (2) by inserting after subparagraph (D) the sections (a) and (c) of section 102 for the cur- ‘‘(d) CHARACTERISTICS.— following: rent fiscal year by category of activity; and ‘‘(1) IN GENERAL.—Research and develop- ‘‘(E) encourage and monitor the efforts of ‘‘(iii) the amount of funding provided for ment activities under this section— the agencies participating in the Program to the Office of Science and Technology Policy ‘‘(A) shall include projects selected on the allocate the level of resources and manage- for the current fiscal year by each agency basis of applications for support through a ment attention necessary— participating in the Program; and’’. competitive, merit-based process; (g) DEFINITIONS.—Section 4 of the High- ‘‘(i) to ensure that the strategic plan under ‘‘(B) shall leverage, when possible, Federal Performance Computing Act of 1991 (15 subsection (e) is developed and executed ef- investments through collaboration with re- U.S.C. 5503) is amended— fectively; and lated State initiatives; (1) by redesignating paragraphs (1) and (2) ‘‘(ii) to ensure that the objectives of the ‘‘(C) shall include a plan for fostering the as paragraphs (2) and (3), respectively; Program are met; transfer of research discoveries and the re- (2) by redesignating paragraph (3) as para- ‘‘(F) working with the Office of Manage- sults of technology demonstration activities, graph (6); ment and Budget and in coordination with including from institutions of higher edu- (3) by redesignating paragraphs (6) and (7) the creation of the database under section cation and Federal laboratories, to industry as paragraphs (7) and (8), respectively; 102(c), direct the Office of Science and Tech- for commercial development; (4) by inserting before paragraph (2), as re- nology Policy and the agencies participating ‘‘(D) shall involve collaborations among re- designated, the following: in the Program to establish a mechanism searchers in institutions of higher education ‘‘(1) ‘cyber-physical systems’ means phys- (consistent with existing law) to track all and industry; and ical or engineered systems whose networking ongoing and completed research and develop- ‘‘(E) may involve collaborations among and information technology functions and ment projects and associated funding;’’. nonprofit research institutions and Federal physical elements are deeply integrated and (e) ADVISORY COMMITTEE.—Section 101(b) of laboratories, as appropriate. are actively connected to the physical world the High-Performance Computing Act of 1991 ‘‘(2) COST-SHARING.—In selecting applica- through sensors, actuators, or other means (15 U.S.C. 5511(b)) is amended— tions for support, the agencies under section to perform monitoring and control func- (1) in paragraph (1)— 101(a)(3)(B) shall give special consideration tions;’’; (A) by inserting after the first sentence the to projects that include cost sharing from (5) in paragraph (3), as redesignated, by following: ‘‘The co-chairs of the advisory non-Federal sources. striking ‘‘high-performance computing’’ and committee shall meet the qualifications of ‘‘(3) MULTIDISCIPLINARY RESEARCH CEN- inserting ‘‘networking and information tech- committee members and may be members of TERS.—Research and development activities nology’’; the Presidents Council of Advisors on under this section shall be supported (6) in paragraph (6), as redesignated— Science and Technology.’’; and through multidisciplinary research centers, (A) by striking ‘‘high-performance com- (B) by striking ‘‘high-performance’’ in sub- including Federal laboratories, that are or- puting’’ and inserting ‘‘networking and in- paragraph (D) and inserting ‘‘high-end’’; and ganized to investigate basic research ques- formation technology’’; and (2) by amending paragraph (2) to read as tions and carry out technology demonstra- (B) by striking ‘‘supercomputer’’ and in- follows: tion activities in areas described in sub- serting ‘‘high-end computing’’; ‘‘(2) In addition to the duties under para- section (a). Research may be carried out (7) in paragraph (5), by striking ‘‘network graph (1), the advisory committee shall con- through existing multidisciplinary centers, referred to as’’ and all that follows through duct periodic evaluations of the funding, including those authorized under section the semicolon and inserting ‘‘network, in- management, coordination, implementation, 7024(b)(2) of the America COMPETES Act (42 cluding advanced computer networks of Fed- and activities of the Program. The advisory U.S.C. 1862o–10(2)).’’. committee shall report its findings and rec- eral agencies and departments’’; and (8) in paragraph (7), as redesignated, by (b) CYBER-PHYSICAL SYSTEMS.—Section ommendations not less frequently than once 101(a)(1) of the High-Performance Computing every 3 fiscal years to the Committee on striking ‘‘National High-Performance Com- puting Program’’ and inserting ‘‘networking Act of 1991 (15 U.S.C. 5511(a)(1)) is amended— Commerce, Science, and Transportation of (1) in subparagraph (H), by striking ‘‘and’’ the Senate and the Committee on Science and information technology research and de- velopment program’’. after the semicolon; and Technology of the House of Representa- (2) in subparagraph (I), by striking the pe- tives. The report shall be submitted in con- SEC. 402. RESEARCH IN AREAS OF NATIONAL IM- PORTANCE. riod at the end and inserting a semicolon; junction with the update of the strategic and plan.’’. (a) RESEARCH IN AREAS OF NATIONAL IMPOR- TANCE.—Title I of the High-Performance (3) by adding at the end the following: (f) REPORT.—Section 101(a)(3) of the High- Computing Act of 1991 (15 U.S.C. 5511 et seq.) ‘‘(J) provide for increased understanding of Performance Computing Act of 1991 (15 is amended by adding at the end the fol- the scientific principles of cyber-physical U.S.C. 5511(a)(3)) is amended— lowing: systems and improve the methods available (1) in subparagraph (C)— ‘‘SEC. 104. RESEARCH IN AREAS OF NATIONAL IM- for the design, development, and operation of (A) by striking ‘‘is submitted,’’ and insert- PORTANCE. cyber-physical systems that are character- ing ‘‘is submitted, the levels for the previous ‘‘(a) IN GENERAL.—The Program shall en- ized by high reliability, safety, and security; fiscal year,’’; and courage agencies under section 101(a)(3)(B) to and (B) by striking ‘‘each Program Component support, maintain, and improve national, ‘‘(K) provide for research and development Area’’ and inserting ‘‘each Program Compo- multi-agency, multi-faceted, research and on human-computer interactions, visualiza- nent Area and each research area supported development activities in networking and in- tion, and big data.’’. in accordance with section 104’’; formation technology directed toward appli- (c) TASK FORCE.—Title I of the High-Per- (2) in subparagraph (D)— cation areas that have the potential for sig- formance Computing Act of 1991 (15 U.S.C. (A) by striking ‘‘each Program Component nificant contributions to national economic 5511 et seq.), as amended by section 402(a) of Area,’’ and inserting ‘‘each Program Compo- competitiveness and for other significant so- this Act, is amended by adding at the end nent Area and each research area supported cietal benefits. the following: in accordance with section 104,’’; ‘‘(b) TECHNICAL SOLUTIONS.—An activity (B) by striking ‘‘is submitted,’’ and insert- under subsection (a) shall be designed to ad- ‘‘SEC. 105. TASK FORCE. ing ‘‘is submitted, the levels for the previous vance the development of research discov- ‘‘(a) ESTABLISHMENT.—Not later than 180 fiscal year,’’; and eries by demonstrating technical solutions days after the date of enactment the (C) by striking ‘‘and’’ after the semicolon; to important problems in areas including— Strengthening and Enhancing Cybersecurity (3) by redesignating subparagraph (E) as ‘‘(1) cybersecurity; by Using Research, Education, Information, subparagraph (G); and ‘‘(2) health care; and Technology Act of 2012, the Director of (4) by inserting after subparagraph (D) the ‘‘(3) energy management and low-power the Office of Science and Technology Policy following: systems and devices; under section 102 shall convene a task force

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5770 CONGRESSIONAL RECORD — SENATE July 31, 2012 to explore mechanisms for carrying out col- development of each strategic plan under (1) in the matter preceding paragraph (1), laborative research and development activi- section 101(e) by convening at least 1 work- by striking ‘‘high-performance computing’’ ties for cyber-physical systems (including shop with invitees from academia, industry, and inserting ‘‘networking and information the related technologies required to enable Federal laboratories, and other relevant or- technology’’; these systems) through a consortium or ganizations and institutions; (2) in paragraph (1)— other appropriate entity with participants ‘‘(4) to conduct public outreach, including (A) in the matter preceding subparagraph from institutions of higher education, Fed- the dissemination of the advisory commit- (A), by striking ‘‘high-performance com- eral laboratories, and industry. tee’s findings and recommendations, as ap- puting’’ and inserting ‘‘networking and in- ‘‘(b) FUNCTIONS.—The task force shall— propriate; formation technology’’; ‘‘(1) develop options for a collaborative ‘‘(5) to promote access to and early appli- (B) in subparagraphs (A), (F), and (G), by model and an organizational structure for cation of the technologies, innovations, and striking ‘‘high-performance computing’’ such entity under which the joint research expertise derived from Program activities to each place it appears and inserting ‘‘net- and development activities could be planned, agency missions and systems across the Fed- working and information technology’’; and managed, and conducted effectively, includ- eral Government and to United States indus- (C) in subparagraph (H), by striking ‘‘high- ing mechanisms for the allocation of re- try; performance’’ and inserting ‘‘high-end’’; and sources among the participants in such enti- ‘‘(6) to ensure accurate and detailed budget (3) in paragraph (2)— ty for support of such activities; reporting of networking and information (A) by striking ‘‘high-performance com- ‘‘(2) propose a process for developing a re- technology research and development invest- puting and’’ and inserting ‘‘networking and search and development agenda for such en- ment; and information technology, and’’; and tity, including guidelines to ensure an appro- ‘‘(7) to encourage agencies participating in (B) by striking ‘‘high-performance com- priate scope of work focused on nationally the Program to use existing programs and puting network’’ and inserting ‘‘networking significant challenges and requiring collabo- resources to strengthen networking and in- and information technology’’. ration and to ensure the development of re- formation technology education and train- (b) TITLE HEADING.—The heading of title I lated scientific and technological mile- ing, and increase participation in such fields, of the High-Performance Computing Act of stones; including by women and underrepresented 1991 (105 Stat. 1595) is amended by striking ‘‘(3) define the roles and responsibilities for minorities. ‘‘HIGH-PERFORMANCE COMPUTING’’ and the participants from institutions of higher ‘‘(b) SOURCE OF FUNDING.— inserting ‘‘NETWORKING AND INFORMA- education, Federal laboratories, and indus- ‘‘(1) IN GENERAL.—The functions under this TION TECHNOLOGY’’. try in such entity; section shall be supported by funds from (c) SECTION 101.—Section 101 of the High- ‘‘(4) propose guidelines for assigning intel- each agency participating in the Program. Performance Computing Act of 1991 (15 lectual property rights and for transferring ‘‘(2) SPECIFICATIONS.—The portion of the U.S.C. 5511) is amended— research results to the private sector; and total budget of the Office of Science and (1) in the section heading, by striking ‘‘(5) make recommendations for how such Technology Policy that is provided by each ‘‘HIGH-PERFORMANCE COMPUTING’’ and insert- entity could be funded from Federal, State, agency participating in the Program for each ing ‘‘NETWORKING AND INFORMATION TECH- and non-governmental sources. fiscal year shall be in the same proportion as NOLOGY RESEARCH AND DEVELOPMENT’’; ‘‘(c) COMPOSITION.—In establishing the task each agency’s share of the total budget for (2) in subsection (a)— force under subsection (a), the Director of the Program for the previous fiscal year, as (A) in the subsection heading, by striking the Office of Science and Technology Policy specified in the database under section ‘‘NATIONAL HIGH-PERFORMANCE COMPUTING’’ shall appoint an equal number of individuals 102(c). and inserting ‘‘NETWORKING AND INFORMATION from institutions of higher education and ‘‘(c) DATABASE.— TECHNOLOGY RESEARCH AND DEVELOPMENT’’; from industry with knowledge and expertise ‘‘(1) IN GENERAL.—The Director of the Of- (B) in paragraph (1)— in cyber-physical systems, and may appoint fice of Science and Technology Policy shall (i) by striking ‘‘National High-Perform- not more than 2 individuals from Federal develop and maintain a database of projects ance Computing Program’’ and inserting laboratories. funded by each agency for the fiscal year for ‘‘networking and information technology re- ‘‘(d) REPORT.—Not later than 1 year after each Program Component Area. search and development program’’; the date of enactment of the Strengthening ‘‘(2) PUBLIC ACCESSIBILITY.—The Director of (ii) in subparagraph (A), by striking ‘‘high- and Enhancing Cybersecurity by Using Re- the Office of Science and Technology Policy performance computing, including net- search, Education, Information, and Tech- shall make the database accessible to the working’’ and inserting ‘‘networking and in- nology Act of 2012, the Director of the Office public. formation technology’’; of Science and Technology Policy shall ‘‘(3) DATABASE CONTENTS.—The database (iii) in subparagraphs (B) and (G), by strik- transmit to the Committee on Commerce, shall include, for each project in the data- ing ‘‘high-performance’’ each place it ap- Science, and Transportation of the Senate base— pears and inserting ‘‘high-end’’; and and the Committee on Science and Tech- ‘‘(A) a description of the project; (iv) in subparagraph (C), by striking ‘‘high- nology of the House of Representatives a re- ‘‘(B) each agency, industry, institution of performance computing and networking’’ port describing the findings and rec- higher education, Federal laboratory, or and inserting ‘‘high-end computing, distrib- ommendations of the task force. international institution involved in the uted, and networking’’; and ‘‘(e) TERMINATION.—The task force shall project; (C) in paragraph (2)— terminate upon transmittal of the report re- ‘‘(C) the source funding of the project (set (i) in subparagraphs (A) and (C)— quired under subsection (d). (I) by striking ‘‘high-performance com- ‘‘(f) COMPENSATION AND EXPENSES.—Mem- forth by agency); puting’’ each place it appears and inserting bers of the task force shall serve without ‘‘(D) the funding history of the project; and ‘‘networking and information technology’’; compensation.’’. ‘‘(E) whether the project has been com- pleted.’’. and SEC. 403. PROGRAM IMPROVEMENTS. SEC. 404. IMPROVING EDUCATION OF NET- (II) by striking ‘‘development, net- Section 102 of the High-Performance Com- working,’’ each place it appears and insert- puting Act of 1991 (15 U.S.C. 5512) is amended WORKING AND INFORMATION TECH- NOLOGY, INCLUDING HIGH PER- ing ‘‘development,’’; and to read as follows: FORMANCE COMPUTING. (ii) in subparagraphs (G) and (H), as redes- ‘‘SEC. 102. PROGRAM IMPROVEMENTS. Section 201(a) of the High-Performance ignated by section 401(d) of this Act, by ‘‘(a) FUNCTIONS.—The Director of the Office Computing Act of 1991 (15 U.S.C. 5521(a)) is striking ‘‘high-performance’’ each place it of Science and Technology Policy shall con- amended— appears and inserting ‘‘high-end’’; tinue— (1) by redesignating paragraphs (2) through (3) in subsection (b)(1), in the matter pre- ‘‘(1) to provide technical and administra- (4) as paragraphs (3) through (5), respec- ceding subparagraph (A), by striking ‘‘high- tive support to— tively; and performance computing’’ each place it ap- ‘‘(A) the agencies participating in planning (2) by inserting after paragraph (1) the fol- pears and inserting ‘‘networking and infor- and implementing the Program, including lowing: mation technology’’; and support needed to develop the strategic plan ‘‘(2) the National Science Foundation shall (4) in subsection (c)(1)(A), by striking under section 101(e); and use its existing programs, in collaboration ‘‘high-performance computing’’ and insert- ‘‘(B) the advisory committee under section with other agencies, as appropriate, to im- ing ‘‘networking and information tech- 101(b); prove the teaching and learning of net- nology’’. ‘‘(2) to serve as the primary point of con- working and information technology at all (d) SECTION 201.—Section 201(a)(1) of the tact on Federal networking and information levels of education and to increase participa- High-Performance Computing Act of 1991 (15 technology activities for government agen- tion in networking and information tech- U.S.C. 5521(a)(1)) is amended by striking cies, academia, industry, professional soci- nology fields;’’. ‘‘high-performance computing and advanced eties, State computing and networking tech- SEC. 405. CONFORMING AND TECHNICAL AMEND- high-speed computer networking’’ and in- nology programs, interested citizen groups, MENTS TO THE HIGH-PERFORM- serting ‘‘networking and information tech- and others to exchange technical and pro- ANCE COMPUTING ACT OF 1991. nology research and development’’. grammatic information; (a) SECTION 3.—Section 3 of the High-Per- (e) SECTION 202.—Section 202(a) of the High- ‘‘(3) to solicit input and recommendations formance Computing Act of 1991 (15 U.S.C. Performance Computing Act of 1991 (15 from a wide range of stakeholders during the 5502) is amended— U.S.C. 5522(a)) is amended by striking ‘‘high-

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5771 performance computing’’ and inserting ‘‘net- professionals, including network engineers, the completion of 1 year of a service obliga- working and information technology’’. software engineers, and other experts in tion under this section, the total amount of (f) SECTION 203.—Section 203(a) of the High- order to determine how many scholarships awards received by the individual under this Performance Computing Act of 1991 (15 should be awarded annually to ensure that section shall be repaid. U.S.C. 5523(a)) is amended— the workforce needs following graduation (B) ONE OR MORE YEARS OF SERVICE.—If a (1) in paragraph (1), by striking ‘‘high-per- match the number of scholarships awarded; circumstance described in subparagraph (D) formance computing and networking’’ and (2) provide scholarships for up to 1,000 stu- or (E) of paragraph (1) occurs after the com- inserting ‘‘networking and information tech- dents per year in their pursuit of under- pletion of 1 year of a service obligation under nology’’; and graduate or graduate degrees in the cyberse- this section, the total amount of scholarship (2) in paragraph (2)(A), by striking ‘‘high- curity field, in an amount that may include awards received by the individual under this performance’’ and inserting ‘‘high-end’’. coverage for full tuition, fees, and a stipend; section, reduced by the ratio of the number (g) SECTION 204.—Section 204 of the High- (3) require each scholarship recipient, as a of years of service completed divided by the Performance Computing Act of 1991 (15 condition of receiving a scholarship under number of years of service required, shall be U.S.C. 5524) is amended— the program, to serve in a Federal informa- repaid. (1) in subsection (a)(1)— tion technology workforce for a period equal (f) EVALUATION AND REPORT.—The Director (A) in subparagraph (A), by striking ‘‘high- to one and one-half times each year, or par- of the National Science Foundation shall— performance computing systems and net- tial year, of scholarship received, in addition (1) evaluate the success of recruiting indi- works’’ and inserting ‘‘networking and infor- to an internship in the cybersecurity field, if viduals for scholarships under this section mation technology systems and capabili- applicable, following graduation; and of hiring and retaining those individuals ties’’; (4) provide a procedure for the National in the public sector workforce, including the (B) in subparagraph (B), by striking ‘‘inter- Science Foundation or a Federal agency, annual cost and an assessment of how the operability of high-performance computing consistent with regulations of the Office of program actually improves the Federal systems in networks and for common user Personnel Management, to request and fund workforce; and interfaces to systems’’ and inserting ‘‘inter- a security clearance for a scholarship recipi- (2) periodically report the findings under operability and usability of networking and ent, including providing for clearance during paragraph (1) to Congress. information technology systems’’; and a summer internship and upon graduation; (g) AUTHORIZATION OF APPROPRIATIONS.— (C) in subparagraph (C), by striking ‘‘high- and From amounts made available under section performance computing’’ and inserting ‘‘net- (5) provide opportunities for students to re- 503 of the America COMPETES Reauthoriza- working and information technology’’; and ceive temporary appointments for meaning- tion Act of 2010 (124 Stat. 4005), the Director (2) in subsection (b)— ful employment in the Federal information may use funds to carry out the requirements of this section for fiscal years 2012 through (A) by striking ‘‘HIGH-PERFORMANCE COM- technology workforce during school vacation 2013. PUTING AND NETWORK’’ in the heading and in- periods and for internships. SEC. 407. STUDY AND ANALYSIS OF CERTIFI- serting ‘‘NETWORKING AND INFORMATION (c) HIRING AUTHORITY.— CATION AND TRAINING OF INFOR- TECHNOLOGY’’; and (1) IN GENERAL.—For purposes of any law or regulation governing the appointment of an MATION INFRASTRUCTURE PROFES- (B) by striking ‘‘sensitive’’. SIONALS. individual in the Federal civil service, upon (h) SECTION 205.—Section 205(a) of the (a) STUDY.—The President shall enter into High-Performance Computing Act of 1991 (15 the successful completion of the student’s an agreement with the National Academies U.S.C. 5525(a)) is amended by striking ‘‘com- studies, a student receiving a scholarship to conduct a comprehensive study of govern- putational’’ and inserting ‘‘networking and under the program may— ment, academic, and private-sector accredi- information technology’’. (A) be hired under section 213.3102(r) of tation, training, and certification programs (i) SECTION 206.—Section 206(a) of the High- title 5, Code of Federal Regulations; and for personnel working in information infra- Performance Computing Act of 1991 (15 (B) be exempt from competitive service. structure. The agreement shall require the U.S.C. 5526(a)) is amended by striking ‘‘com- (2) COMPETITIVE SERVICE.—Upon satisfac- National Academies to consult with sector putational research’’ and inserting ‘‘net- tory fulfillment of the service term under coordinating councils and relevant govern- working and information technology re- paragraph (1), an individual may be con- mental agencies, regulatory entities, and search’’. verted to a competitive service position nongovernmental organizations in the course (j) SECTION 207.—Section 207 of the High- without competition if the individual meets of the study. Performance Computing Act of 1991 (15 the requirements for that position. (b) SCOPE.—The study shall include— U.S.C. 5527) is amended by striking ‘‘high- (d) ELIGIBILITY.—The eligibility require- (1) an evaluation of the body of knowledge performance computing’’ and inserting ‘‘net- ments for a scholarship under this section and various skills that specific categories of working and information technology’’. shall include that a scholarship applicant— personnel working in information infrastruc- (k) SECTION 208.—Section 208 of the High- (1) be a citizen of the United States; ture should possess in order to secure infor- Performance Computing Act of 1991 (15 (2) be eligible to be granted a security mation systems; U.S.C. 5528) is amended— clearance; (2) an assessment of whether existing gov- (1) in the section heading, by striking (3) maintain a grade point average of 3.2 or ernment, academic, and private-sector ac- ‘‘HIGH-PERFORMANCE COMPUTING’’ and insert- above on a 4.0 scale for undergraduate study creditation, training, and certification pro- ing ‘‘NETWORKING AND INFORMATION TECH- or a 3.5 or above on a 4.0 scale for post- grams provide the body of knowledge and NOLOGY’’; and graduate study; various skills described in paragraph (1); (2) in subsection (a)— (4) demonstrate a commitment to a career (3) an analysis of any barriers to the Fed- (A) in paragraph (1), by striking ‘‘High-per- in improving the security of the information eral Government recruiting and hiring cy- formance computing and associated’’ and in- infrastructure; and bersecurity talent, including barriers relat- serting ‘‘Networking and information’’; (5) has demonstrated a level of proficiency ing to compensation, the hiring process, job (B) in paragraph (2), by striking ‘‘high-per- in math or computer sciences. classification, and hiring flexibility; and formance computing’’ and inserting ‘‘net- (e) FAILURE TO COMPLETE SERVICE OBLIGA- (4) an analysis of the sources and avail- working and information technologies’’; TION.— ability of cybersecurity talent, a comparison (C) in paragraph (3), by striking ‘‘high-per- (1) IN GENERAL.—A scholarship recipient of the skills and expertise sought by the Fed- formance’’ and inserting ‘‘high-end’’; under this section shall be liable to the eral Government and the private sector, an (D) in paragraph (4), by striking ‘‘high-per- United States under paragraph (2) if the examination of the current and future capac- formance computers and associated’’ and in- scholarship recipient— ity of United States institutions of higher serting ‘‘networking and information’’; and (A) fails to maintain an acceptable level of education, including community colleges, to (E) in paragraph (5), by striking ‘‘high-per- academic standing in the educational insti- provide current and future cybersecurity formance computing and associated’’ and in- tution in which the individual is enrolled, as professionals, through education and train- serting ‘‘networking and information’’. determined by the Director; ing activities, with those skills sought by SEC. 406. FEDERAL CYBER SCHOLARSHIP-FOR- (B) is dismissed from such educational in- the Federal Government, State and local en- SERVICE PROGRAM. stitution for disciplinary reasons; tities, and the private sector. (a) IN GENERAL.—The Director of the Na- (C) withdraws from the program for which (c) REPORT.—Not later than 1 year after tional Science Foundation, in coordination the award was made before the completion of the date of enactment of this Act, the Na- with the Secretary of Homeland Security, such program; tional Academies shall submit to the Presi- shall carry out a Federal cyber scholarship- (D) declares that the individual does not dent and Congress a report on the results of for-service program to recruit and train the intend to fulfill the service obligation under the study. The report shall include— next generation of information technology this section; (1) findings regarding the state of informa- professionals and security managers to meet (E) fails to fulfill the service obligation of tion infrastructure accreditation, training, the needs of the cybersecurity mission for the individual under this section; or and certification programs, including spe- the Federal government. (F) loses a security clearance or becomes cific areas of deficiency and demonstrable (b) PROGRAM DESCRIPTION AND COMPO- ineligible for a security clearance. progress; and NENTS.—The program shall— (2) REPAYMENT AMOUNTS.— (2) recommendations for the improvement (1) annually assess the workforce needs of (A) LESS THAN 1 YEAR OF SERVICE.—If a cir- of information infrastructure accreditation, the Federal government for cybersecurity cumstance under paragraph (1) occurs before training, and certification programs.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5772 CONGRESSIONAL RECORD — SENATE July 31, 2012 SEC. 408. INTERNATIONAL CYBERSECURITY the Cyber Security Research and Develop- (6) Under Federal law, the Attorney Gen- TECHNICAL STANDARDS. ment Act (15 U.S.C. 7404(a)(6)) is amended— eral may appoint an outside special counsel (a) IN GENERAL.—The Director of the Na- (1) in subparagraph (D), by striking ‘‘and’’; when an investigation or prosecution would tional Institute of Standards and Tech- (2) in subparagraph (E), by striking ‘‘2007.’’ present a conflict of interest or other ex- nology, in coordination with appropriate and inserting ‘‘2007;’’; and traordinary circumstances and when doing Federal authorities, shall— (3) by adding at the end the following: so would serve the public interest. (1) as appropriate, ensure coordination of ‘‘(F) such funds from amounts made avail- (7) Investigations of unauthorized disclo- Federal agencies engaged in the development able under section 503 of the America COM- sures of classified information are ordinarily of international technical standards related PETES Reauthorization Act of 2010 (124 Stat. conducted by the Federal Bureau of Inves- to information system security; and 4005), as the Director finds necessary to tigation with assistance from prosecutors in (2) not later than 1 year after the date of carry out the requirements of this sub- the National Security Division of the De- enactment of this Act, develop and transmit section for fiscal years 2012 through 2013.’’. partment of Justice. to Congress a plan for ensuring such Federal (e) SCIENTIFIC AND ADVANCED TECHNOLOGY (8) There is precedent for officials in the agency coordination. ACT GRANTS.—Section 5(b)(2) of the Cyber National Security Division of the Depart- (b) CONSULTATION WITH THE PRIVATE SEC- Security Research and Development Act (15 ment of Justice to recuse itself from such in- TOR.—In carrying out the activities under U.S.C. 7404(b)(2)) is amended— subsection (a)(1), the Director shall ensure vestigations to avoid even the appearance of (1) in subparagraph (D), by striking ‘‘and’’; impropriety or undue influence, and it ap- consultation with appropriate private sector (2) in subparagraph (E), by striking ‘‘2007.’’ stakeholders. pears that there have been such recusals and inserting ‘‘2007;’’; and with respect to the investigation of at least SEC. 409. IDENTITY MANAGEMENT RESEARCH (3) by adding at the end the following: AND DEVELOPMENT. one of these unauthorized disclosures. ‘‘(F) such funds from amounts made avail- The Director of the National Institute of (9) Such recusals are indicative of the seri- able under section 503 of the America COM- Standards and Technology shall continue a ous complications already facing the Depart- PETES Reauthorization Act of 2010 (124 Stat. program to support the development of tech- ment of Justice in investigating these mat- nical standards, metrology, testbeds, and 4005), as the Director finds necessary to ters. conformance criteria, taking into account carry out the requirements of this sub- (10) The severity of the national security appropriate user concerns— section for fiscal years 2012 through 2013.’’. implications of these disclosures; the imper- (f) GRADUATE TRAINEESHIPS IN COMPUTER (1) to improve interoperability among ative for investigations of these disclosures AND NETWORK SECURITY RESEARCH.—Section identity management technologies; to be conducted independently so as to avoid 5(c)(7) of the Cyber Security Research and (2) to strengthen authentication methods even the appearance of impropriety or undue Development Act (15 U.S.C. 7404(c)(7)) is of identity management systems; influence; and the need to conduct these in- amended— (3) to improve privacy protection in iden- vestigations expeditiously to ensure timely (1) in subparagraph (D), by striking ‘‘and’’; tity management systems, including health mitigation constitute extraordinary cir- (2) in subparagraph (E), by striking ‘‘2007.’’ information technology systems, through cumstances. and inserting ‘‘2007;’’; and authentication and security protocols; and (11) For the foregoing reasons, the appoint- (3) by adding at the end the following: (4) to improve the usability of identity ment of an outside special counsel would ‘‘(F) such funds from amounts made avail- management systems. serve the public interest. able under section 503 of the America COM- SEC. 410. FEDERAL CYBERSECURITY RESEARCH (b) SENSE OF SENATE.—It is the sense of the AND DEVELOPMENT. PETES Reauthorization Act of 2010 (124 Stat. Senate that— (a) NATIONAL SCIENCE FOUNDATION COM- 4005), as the Director finds necessary to (1) the Attorney General should— PUTER AND NETWORK SECURITY RESEARCH carry out the requirements of this sub- (A) delegate to an outside special counsel GRANT AREAS.—Section 4(a)(1) of the Cyber section for fiscal years 2012 through 2013.’’. all of the authority of the Attorney General Security Research and Development Act (15 with respect to investigations by the Depart- U.S.C. 7403(a)(1)) is amended— SA 2697. Mr. MCCAIN submitted an ment of Justice of any and all unauthorized (1) in subparagraph (H), by striking ‘‘and’’ amendment intended to be proposed by disclosures of classified and highly sensitive after the semicolon; him to the bill S. 3414, to enhance the information related to various United States (2) in subparagraph (I), by striking ‘‘prop- security and resiliency of the cyber and military and intelligence plans, programs, erty.’’ and inserting ‘‘property;’’; and communications infrastructure of the and operations reported in recent publica- (3) by adding at the end the following: United States; which was ordered to lie tions; and ‘‘(J) secure fundamental protocols that are on the table; as follows: (B) direct an outside special counsel to ex- at the heart of inter-network communica- At the appropriate place, insert the fol- ercise that authority independently of the tions and data exchange; lowing: supervision or control of any officer of the ‘‘(K) system security that addresses the ll Department of Justice; building of secure systems from trusted and SEC. . SENSE OF SENATE ON APPOINTMENT BY THE ATTORNEY GENERAL OF AN (2) under such authority, the outside spe- untrusted components; OUTSIDE SPECIAL COUNSEL TO IN- cial counsel should investigate any and all ‘‘(L) monitoring and detection; and VESTIGATE CERTAIN RECENT LEAKS unauthorized disclosures of classified and ‘‘(M) resiliency and rapid recovery meth- OF APPARENTLY CLASSIFIED AND highly sensitive information on which such ods.’’. HIGHLY SENSITIVE INFORMATION recent publications were based and, where (b) NATIONAL SCIENCE FOUNDATION COM- ON UNITED STATES MILITARY AND appropriate, prosecute those responsible; and PUTER AND NETWORK SECURITY GRANTS.—Sec- INTELLIGENCE PLANS, PROGRAMS, (3) the President should assess— AND OPERATIONS. tion 4(a)(3) of the Cyber Security Research (A) whether any such unauthorized disclo- and Development Act (15 U.S.C. 7403(a)(3)) is (a) FINDINGS.—The Senate makes the fol- lowing findings: sures of classified and highly sensitive infor- amended— mation damaged the national security of the (1) in subparagraph (D), by striking ‘‘and’’; (1) Over the past few weeks, several publi- cations have been released that cite several United States; and (2) in subparagraph (E), by striking ‘‘2007.’’ (B) how such damage can be mitigated. and inserting ‘‘2007;’’; and highly sensitive United States military and (3) by adding at the end the following: intelligence counterterrorism plans, pro- SA 2698. Mr. PORTMAN submitted an grams, and operations. ‘‘(F) such funds from amounts made avail- amendment intended to be proposed by able under section 503 of the America COM- (2) These publications appear to be based in substantial part on unauthorized disclosures him to the bill S. 3414, to enhance the PETES Reauthorization Act of 2010 (124 Stat. security and resiliency of the cyber and 4005), as the Director finds necessary to of classified information. carry out the requirements of this sub- (3) The unauthorized disclosure of classi- communications infrastructure of the section for fiscal years 2012 through 2013.’’. fied information is a felony under Federal United States; which was ordered to lie (c) COMPUTER AND NETWORK SECURITY CEN- law. on the table; as follows: TERS.—Section 4(b)(7) of the Cyber Security (4) The identity of the sources in these At the end, add the following: Research and Development Act (15 U.S.C. publications include senior administration TITLE ll—RESPONSE TO 7403(b)(7)) is amended— officials, participants in these reported CONGRESSIONAL INQUIRIES (1) in subparagraph (D), by striking ‘‘and’’; plans, programs, and operations, and current American officials who spoke anonymously SEC. ll1. RESPONSE TO CONGRESSIONAL IN- (2) in subparagraph (E), by striking ‘‘2007.’’ QUIRIES REGARDING PUBLIC RELA- and inserting ‘‘2007;’’; and about these reported plans, programs, and TIONS SPENDING BY THE DEPART- (3) by adding at the end the following: operations because they remain classified, MENT OF HEALTH AND HUMAN ‘‘(F) such funds from amounts made avail- parts of them are ongoing, or both. SERVICES. able under section 503 of the America COM- (5) Such unauthorized disclosures may in- Not later than 7 days after the date of the PETES Reauthorization Act of 2010 (124 Stat. hibit the ability of the United States to em- enactment of this Act, the Secretary of 4005), as the Director finds necessary to ploy the same or similar plans, programs, or Health and Human Services shall respond in carry out the requirements of this sub- operations in the future; put at risk the na- full to the following congressional inquiries: section for fiscal years 2012 through 2013.’’. tional security of the United States and the (1) The letter dated February 28, 2012, from (d) COMPUTER AND NETWORK SECURITY CA- safety of the men and women sworn to pro- the Chairman and Ranking Member of the PACITY BUILDING GRANTS.—Section 5(a)(6) of tect it; and dismay our allies. Subcommittee on Contracting Oversight of

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.039 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5773 the Committee on Homeland Security and Commission shall promulgate regulations third party to the extent that the service Governmental Affairs of the Senate, request- under section 553 of title 5, United States provider is engaged in the transmission, ing certain information regarding Depart- Code, to require each covered entity that routing, or temporary, intermediate, or tran- ment of Health and Human Services con- owns or possesses data containing personal sient storage of that communication. tracts for the acquisition of public relations, information, or contracts to have any third- SEC. 803. NOTIFICATION OF BREACH OF SECU- publicity, advertising, communications, or party entity maintain such data for such RITY. similar services. covered entity, to establish and implement (a) NATIONWIDE NOTIFICATION.—A covered (2) The follow-up letter dated May 22, 2012, policies and procedures regarding informa- entity that owns or possesses data in elec- from the Ranking Member of the Sub- tion security practices for the treatment and tronic form containing personal information, committee on Contracting Oversight of the protection of personal information taking following the discovery of a breach of secu- Committee on Homeland Security and Gov- into consideration— rity of the system maintained by the covered ernmental Affairs of the Senate, requesting (A) the size of, and the nature, scope, and entity that contains such data, shall notify— information regarding a reported $20,000,000 complexity of the activities engaged in by (1) each individual who is a citizen or resi- Department of Health and Human Services such covered entity; dent of the United States and whose personal contract with a public relations firm. (B) the current state of the art in adminis- information was or is reasonably believed to trative, technical, and physical safeguards have been acquired or accessed from the cov- SA 2699. Mr. DEMINT submitted an for protecting such information; ered entity as a result of the breach of secu- amendment intended to be proposed by (C) the cost of implementing the safe- rity; and him to the bill S. 3414, to enhance the guards under subparagraph (B); and (2) the Commission, unless the covered en- security and resiliency of the cyber and (D) the impact on small businesses and tity has notified the designated entity under nonprofits. section 804. communications infrastructure of the (2) REQUIREMENTS.—The regulations shall (b) SPECIAL NOTIFICATION REQUIREMENTS.— United States; which was ordered to lie require the policies and procedures to in- (1) THIRD-PARTY ENTITIES.—In the event of on the table; as follows: clude the following: a breach of security of a system maintained At the appropriate place, insert the fol- (A) A security policy with respect to the by a third-party entity that has been con- lowing: collection, use, sale, other dissemination, tracted to maintain or process data in elec- and maintenance of personal information. TITLE ll—REPEAL OF PPACA tronic form containing personal information (B) The identification of an officer or other SEC. l01. SHORT TITLE. on behalf of any other covered entity who individual as the point of contact with re- This title may be cited as the ‘‘Repealing owns or possesses such data, the third-party the Job-Killing Health Care Law Act’’. sponsibility for the management of informa- tion security. entity shall notify the covered entity of the SEC. l02. REPEAL OF THE JOB-KILLING HEALTH (C) A process for identifying and assessing breach of security. Upon receiving notifica- CARE LAW AND HEALTH CARE-RE- tion from the third party entity, such cov- LATED PROVISIONS IN THE HEALTH any reasonably foreseeable vulnerabilities in each system maintained by the covered enti- ered entity shall provide the notification re- CARE AND EDUCATION RECONCILI- quired under subsection (a). ATION ACT OF 2010. ty that contains such personal information, (2) SERVICE PROVIDERS.—If a service pro- (a) JOB-KILLING HEALTH CARE LAW.—Effec- which shall include regular monitoring for a vider becomes aware of a breach of security tive as of the enactment of Public Law 111– breach of security of each such system. of data in electronic form containing per- 148, such Act is repealed, and the provisions (D) A process for taking preventive and sonal information that is owned or possessed of law amended or repealed by such Act are corrective action to mitigate any by another covered entity that connects to restored or revived as if such Act had not vulnerabilities identified in the process re- or uses a system or network provided by the been enacted. quired by subparagraph (C), which may in- service provider for the purpose of transmit- (b) HEALTH CARE-RELATED PROVISIONS IN clude implementing any changes to security ting, routing, or providing intermediate or THE HEALTH CARE AND EDUCATION RECONCILI- practices and the architecture, installation, transient storage of such data, the service ATION ACT OF 2010.—Effective as of the enact- or implementation of network or operating ment of the Health Care and Education Rec- software. provider shall notify of the breach of secu- onciliation Act of 2010 (Public Law 111–152), (E) A process for disposing of data in elec- rity only the covered entity who initiated title I and subtitle B of title II of such Act tronic form containing personal information such connection, transmission, routing, or are repealed, and the provisions of law by shredding, permanently erasing, or other- storage if such covered entity can be reason- amended or repealed by such title or sub- wise modifying the personal information ably identified. Upon receiving the notifica- title, respectively, are restored or revived as contained in such data to make such per- tion from the service provider, the covered if such title and subtitle had not been en- sonal information permanently unreadable entity shall provide the notification required acted. or indecipherable. under subsection (a). (3) COORDINATION OF NOTIFICATION WITH SEC. l03. BUDGETARY EFFECTS OF THIS ACT. (F) A standard method or methods for the CREDIT REPORTING AGENCIES.—If a covered en- The budgetary effects of this title, for the destruction of paper documents and other tity is required to provide notification to purpose of complying with the Statutory non-electronic data containing personal in- more than 5,000 individuals under subsection Pay-As-You-Go Act of 2010, shall be deter- formation. (b) LIMITATIONS.— (a)(1), the covered entity also shall notify mined by reference to the latest statement (1) COVERED ENTITIES SUBJECT TO THE each major credit reporting agency of the titled ‘‘Budgetary Effects of PAYGO Legisla- GRAMM-LEACH-BLILEY ACT.—Notwithstanding timing and distribution of the notices, ex- tion’’ for this title, submitted for printing in section 805 of this Act, this section (and any cept when the only personal information the Congressional Record by the Chairman of regulations issued pursuant to this section) that is the subject of the breach of security the Committee on the Budget of the House of shall not apply to any financial institution is the individual’s first name or initial and Representatives, as long as such statement that is subject to title V of the Gramm- last name, or address, or phone number, in has been submitted prior to the vote on pas- Leach-Bliley Act (15 U.S.C. 6801 et seq.) with combination with a credit or debit card num- sage of this Act. respect to covered information under that ber, and any required security code. Such no- SA 2700. Mr. ROCKEFELLER (for Act. tice shall be given to each credit reporting (2) APPLICABILITY OF OTHER INFORMATION agency without unreasonable delay and, if it himself, Mrs. FEINSTEIN, and Mr. SECURITY REQUIREMENTS.—To the extent that will not delay notice to the affected individ- PRYOR) submitted an amendment in- the information security requirements of uals, prior to the distribution of notices to tended to be proposed by him to the section 13401 of the Health Information Tech- the affected individuals. bill S. 3414, to enhance the security and nology for Economic and Clinical Health Act (c) TIMELINESS OF NOTIFICATION.—Notifica- resiliency of the cyber and communica- (42 U.S.C. 17931) or of section 1173(d) of title tion under subsection (a) shall be made— tions infrastructure of the United XI, part C of the Social Security Act (42 (1) not later than 45 days after the date of States; which was ordered to lie on the U.S.C. 1320d-2(d)) apply in any circumstance discovery of a breach of security; or table; as follows: to a person who is subject to either of those (2) as promptly as possible if the covered Acts, and to the extent the person is acting entity providing notice can show that pro- On page 212, after line 6, add the following: as an entity subject to either of those Acts, viding notice within the time frame under TITLE VIII—DATA SECURITY AND BREACH the person shall be exempt from the require- paragraph (1) is not feasible due to cir- NOTIFICATION ments of this section with respect to any cumstances necessary— SEC. 801. SHORT TITLE. data governed by section 13401 of the Health (A) to accurately identify affected con- This title may be cited as the ‘‘Data Secu- Information Technology for Economic and sumers; rity and Breach Notification Act of 2012’’. Clinical Health Act (42 U.S.C. 17931) or by the (B) to prevent further breach or unauthor- SEC. 802. REQUIREMENTS FOR INFORMATION SE- Health Insurance Portability and Account- ized disclosures; or CURITY. ability Act of 1996 Security Rule (45 C.F.R. (C) to reasonably restore the integrity of (a) GENERAL SECURITY POLICIES AND PROCE- 160.103 and Part 164). the data system. DURES.— (3) CERTAIN SERVICE PROVIDERS.—Nothing (d) METHOD AND CONTENT OF NOTIFICA- (1) REGULATIONS.—Not later than 1 year in this section shall apply to a service pro- TION.— after the date of enactment of this Act, the vider for any electronic communication by a (1) DIRECT NOTIFICATION.—

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.036 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5774 CONGRESSIONAL RECORD — SENATE July 31, 2012

(A) METHOD OF DIRECT NOTIFICATION.—A whose personal information was acquired re- must provide or arrange for the provision of covered entity shall be in compliance with side. free consumer credit reports; and the notification requirement under sub- (C) CONTENT OF SUBSTITUTE NOTIFICATION.— (B) establishment of a simple process section (a)(1) if— Each method of substitute notification under under which a covered entity that is a small (i) the covered entity provides conspicuous this paragraph shall include— business or small non-profit organization and clearly identified notification— (i) the date, estimated date, or estimated may request a full or a partial waiver or a (I) in writing; or date range of the breach of security; modified or an alternative means of com- (II) by e-mail or other electronic means (ii) a description of the types of personal plying with this subsection if providing free if— information that were or are reasonably be- consumer credit reports is not feasible due to (aa) the covered entity’s primary method lieved to have been acquired or accessed as a excessive costs relative to the resources of of communication with the individual is by result of the breach of security; such covered entity and relative to the level e-mail or such other electronic means; or (iii) notice that an individual may be enti- of harm, to affected individuals, caused by (bb) the individual has consented to re- tled to consumer credit reports under sub- the breach of security. ceive notification by e-mail or such other section (e)(1); (f) DELAY OF NOTIFICATION AUTHORIZED FOR electronic means and such notification is (iv) instructions how an individual can re- NATIONAL SECURITY AND LAW ENFORCEMENT provided in a manner that is consistent with quest consumer credit reports under sub- PURPOSES.— the provisions permitting electronic trans- section (e)(1); (1) IN GENERAL.—If the United States Se- mission of notices under section 101 of the (v) a telephone number that an individual cret Service or the Federal Bureau of Inves- Electronic Signatures in Global and National can use at no cost to the individual to learn tigation determines that notification under Commerce Act (15 U.S.C. 7001); and whether the individual’s personal informa- this section would impede a criminal inves- (ii) the method of notification selected tion is included in the breach of security; tigation or a national security activity, noti- under clause (i) can reasonably be expected (vi) a telephone number, that an individual fication shall be delayed upon written notice to reach the intended individual. can use at no cost to the individual, and an from the United States Secret Service or the (B) CONTENT OF DIRECT NOTIFICATION.—Each address to contact each major credit report- Federal Bureau of Investigation to the cov- method of direct notification under subpara- ing agency; and ered entity that experienced the breach of graph (A) shall include— (vii) a telephone number, that an indi- security. Written notice from the United States Secret Service or the Federal Bureau (i) the date, estimated date, or estimated vidual can use at no cost to the individual, of Investigation shall specify the period of date range of the breach of security; and an Internet Web site address to obtain delay requested for national security or law (ii) a description of the personal informa- information regarding identity theft from enforcement purposes. tion that was or is reasonably believed to the Commission. have been acquired or accessed as a result of (2) SUBSEQUENT DELAY OF NOTIFICATION.— (3) REGULATIONS AND GUIDANCE.— the breach of security; (A) IN GENERAL.—A covered entity shall (A) REGULATIONS.—Not later than 1 year provide notification under this section not (iii) a telephone number that an individual after the date of enactment of this Act, the later than 30 days after the day that the can use at no cost to the individual to con- Commission shall, by regulation under sec- delay was invoked unless a Federal law en- tact the covered entity to inquire about the tion 553 of title 5, United States Code, estab- forcement or intelligence agency provides breach of security or the information the lish criteria for determining circumstances covered entity maintained about that indi- subsequent written notice to the covered en- under which substitute notification may be vidual; tity that further delay is necessary. provided under section 803(d)(2) of this Act, (iv) notice that the individual may be enti- (B) WRITTEN JUSTIFICATION REQUIRE- including criteria for determining if direct tled to consumer credit reports under sub- MENTS.— notification under section 803(d)(1) of this section (e)(1); (i) UNITED STATES SECRET SERVICE.—If the Act is not feasible due to excessive costs to (v) instructions how an individual can re- United States Secret Service instructs a cov- the covered entity required to provided such quest consumer credit reports under sub- ered entity to delay notification under this notification relative to the resources of such section (e)(1); section beyond the 30 day period under sub- covered entity. The regulations may also (vi) a telephone number, that an individual paragraph (A) (‘‘subsequent delay’’), the identify other circumstances where sub- can use at no cost to the individual, and an United States Secret Service shall submit address to contact each major credit report- stitute notification would be appropriate for written justification for the subsequent ing agency; and any covered entity, including circumstances delay to the Secretary of Homeland Security (vii) a telephone number, that an indi- under which the cost of providing direct no- before the subsequent delay begins. vidual can use at no cost to the individual, tification exceeds the benefits to consumers. (ii) FEDERAL BUREAU OF INVESTIGATION.—If and an Internet Web site address to obtain (B) GUIDANCE.—In addition, the Commis- the Federal Bureau of Investigation in- information regarding identity theft from sion, in consultation with the Small Busi- structs a covered entity to delay notification the Commission. ness Administration, shall provide and pub- under this section beyond the 30 day period (2) SUBSTITUTE NOTIFICATION.— lish general guidance with respect to compli- under subparagraph (A) (‘‘subsequent (A) CIRCUMSTANCES GIVING RISE TO SUB- ance with this subsection. The guidance delay’’), the Federal Bureau of Investigation STITUTE NOTIFICATION.—A covered entity re- shall include— shall submit written justification for the quired to provide notification to individuals (i) a description of written or e-mail notifi- subsequent delay to the U.S. Attorney Gen- under subsection (a)(1) may provide sub- cation that complies with paragraph (1); and eral before the subsequent delay begins. stitute notification instead of direct notifi- (ii) guidance on the content of substitute (3) LAW ENFORCEMENT IMMUNITY.—No cause cation under paragraph (1)— notification under paragraph (2), including of action shall lie in any court against any (i) if direct notification is not feasible due the extent of notification to print and broad- Federal agency for acts relating to the delay to lack of sufficient contact information for cast media that complies with paragraph of notification for national security or law the individual required to be notified; or (2)(B)(iii). enforcement purposes under this title. (ii) if the covered entity owns or possesses (e) OTHER OBLIGATIONS FOLLOWING (g) GENERAL EXEMPTION.— data in electronic form containing personal BREACH.— (1) IN GENERAL.—A covered entity shall be information of fewer than 10,000 individuals (1) IN GENERAL.—Not later than 60 days exempt from the requirements under this and direct notification is not feasible due to after the date of request by an individual section if, following a breach of security, the excessive cost to the covered entity required whose personal information was included in covered entity determines that there is no to provide such notification relative to the a breach of security and quarterly thereafter reasonable risk of identity theft, fraud, or resources of such covered entity, as deter- for 2 years, a covered entity required to pro- other unlawful conduct. mined in accordance with the regulations vide notification under subsection (a)(1) (2) PRESUMPTION.— issued by the Commission under paragraph shall provide, or arrange for the provision of, (A) IN GENERAL.—There shall be a presump- (3)(A). to the individual at no cost, consumer credit tion that no reasonable risk of identity (B) METHOD OF SUBSTITUTE NOTIFICATION.— reports from at least 1 major credit report- theft, fraud, or other unlawful conduct exists Substitute notification under this paragraph ing agency. following a breach of security if— shall include— (2) LIMITATION.—Paragraph (1) shall not (i) the data is rendered unusable, (i) conspicuous and clearly identified noti- apply if the only personal information that unreadable, or indecipherable through a se- fication by e-mail to the extent the covered is the subject of the breach of security is the curity technology or methodology; and entity has an e-mail address for an indi- individual’s first name or initial and last (ii) the security technology or method- vidual who is entitled to notification under name, or address, or phone number, in com- ology under clause (i) is generally accepted subsection (a)(1); bination with a credit or debit card number, by experts in the information security field. (ii) conspicuous and clearly identified noti- and any required security code. (B) REBUTTAL.—The presumption under fication on the Internet Web site of the cov- (3) RULEMAKING.—The Commission’s rule- subparagraph (A) may be rebutted by facts ered entity if the covered entity maintains making under subsection (d)(3) shall in- demonstrating that the security technology an Internet Web site; and clude— or methodology in a specific case has been or (iii) notification to print and to broadcast (A) determination of the circumstances is reasonably likely to be compromised. media, including major media in metropoli- under which a covered entity required to (3) TECHNOLOGIES OR METHODOLOGIES.—Not tan and rural areas where the individuals provide notification under subsection (a) later than 1 year after the date of enactment

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.037 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5775 of this Act, and biannually thereafter, the sulted in attempted fraud or an attempted place such a notice in a clear and con- Commission, after consultation with the Na- unauthorized transaction. spicuous location on its Internet Web site. tional Institute of Standards and Tech- (2) LIMITATIONS.—An exemption under (m) FTC STUDY ON NOTIFICATION IN LAN- nology, shall issue rules (pursuant to section paragraph (1) shall not apply if— GUAGES IN ADDITION TO ENGLISH.—Not later 553 of title 5, United States Code) or guid- (A) the breach of security includes per- than 1 year after the date of enactment of ance to identify each security technology sonal information, other than a credit card this Act, the Commission shall conduct a and methodology under paragraph (2). In number or credit card security code, of any study on the practicality and cost effective- issuing the rules or guidance, the Commis- type; or ness of requiring the direct notification re- sion shall— (B) the breach of security includes both the quired by subsection (d)(1) to be provided in (A) consult with relevant industries, con- individual’s credit card number and the indi- a language in addition to English to individ- sumer organizations, data security and iden- vidual’s first and last name. uals known to speak only such other lan- tity theft prevention experts, and estab- (j) FINANCIAL INSTITUTIONS REGULATED BY guage. lished standards setting bodies; and FEDERAL FUNCTIONAL REGULATORS.— (n) GENERAL RULEMAKING AUTHORITY.—The (B) consider whether and in what cir- (1) IN GENERAL.—Nothing in this section Commission may promulgate regulations cumstances a security technology or meth- shall apply to a covered financial institution necessary under section 553 of title 5, United odology currently in use, such as encryption, if the Federal functional regulator with ju- States Code, to effectively enforce the re- complies with the standards under paragraph risdiction over the covered financial institu- quirements of this section. tion has issued a standard by regulation or (2). SEC. 804. NOTICE TO LAW ENFORCEMENT. (4) FTC GUIDANCE.—Not later than 1 year guideline under title V of the Gramm-Leach- Bliley Act (15 U.S.C. 6801 et seq.) that— (a) DESIGNATION OF GOVERNMENT ENTITY TO after the date of enactment of this Act, the RECEIVE NOTICE.—Not later than 60 days Commission, after consultation with the Na- (A) requires financial institutions within its jurisdiction to provide notification to in- after the date of enactment of this Act, the tional Institute of Standards and Tech- Secretary of the Department of Homeland nology, shall issue guidance regarding the dividuals following a breach of security; and (B) provides protections substantially Security shall designate a Federal Govern- application of the exemption under para- ment entity to receive notice under this sec- graph (1). similar to, or greater than, those required under this title. tion. (h) EXEMPTIONS FOR NATIONAL SECURITY (b) NOTICE.—A covered entity shall notify (2) DEFINITIONS.—In this subsection— AND LAW ENFORCEMENT PURPOSES.— (A) the term ‘‘covered financial institu- the designated entity of a breach of security (1) IN GENERAL.—A covered entity shall be tion’’ means a financial institution that is if— exempt from the requirements under this subject to— (1) the number of individuals whose per- section if— (i) the data security requirements of the sonal information was, or is reasonably be- (A) a determination is made— Gramm-Leach-Bliley Act (15 U.S.C. 6801 et lieved to have been, acquired or assessed as (i) by the United States Secret Service or seq.); a result of the breach of security exceeds the Federal Bureau of Investigation that no- (ii) any implementing standard issued by 10,000; tification of the breach of security could be regulation or guideline issued under that (2) the breach of security involves a data- reasonably expected to reveal sensitive Act; and base, networked or integrated databases, or sources and methods or similarly impede the (iii) the jurisdiction of a Federal func- other data system containing the personal ability of the Government to conduct law en- tional regulator under that Act; information of more than 1,000,000 individ- forcement or intelligence investigations; or (B) the term ‘‘Federal functional regu- uals; (ii) by the Federal Bureau of Investigation lator’’ has the meaning given the term in (3) the breach of security involves data- that notification of the breach of security section 509 of the Gramm-Leach-Bliley Act bases owned by the Federal Government; or could be reasonably expected to cause dam- (15 U.S.C. 6809); and (4) the breach of security involves pri- age to the national security; and (C) the term ‘‘financial institution’’ has marily personal information of individuals (B) the United States Secret Service or the the meaning given the term in section 509 of known to the covered entity to be employees Federal Bureau of Investigation, as the case the Gramm-Leach-Bliley Act (15 U.S.C. 6809). or contractors of the Federal Government in- may be, provides written notice of its deter- (k) EXEMPTION; HEALTH PRIVACY.— volved in national security or law enforce- mination under subparagraph (A) to the cov- (1) COVERED ENTITY OR BUSINESS ASSOCIATE ment. ered entity. UNDER HITECH ACT.—To the extent that a cov- (c) CONTENT OF NOTICES.— (2) UNITED STATES SECRET SERVICE.—If the ered entity under this title acts as a covered (1) IN GENERAL.—Each notice under sub- United States Secret Service invokes an ex- entity or a business associate under section section (b) shall contain— emption under paragraph (1), the United 13402 of the Health Information Technology (A) the date, estimated date, or estimated States Secret Service shall submit written for Economic and Clinical Health Act (42 date range of the breach of security; justification for invoking the exemption to U.S.C. 17932), and has the obligation to pro- (B) a description of the nature of the the Secretary of Homeland Security before vide breach notification under that Act or breach of security; the exemption is invoked. its implementing regulations, the require- (C) a description of each type of personal (3) FEDERAL BUREAU OF INVESTIGATION.—If ments of this section shall not apply. information that was or is reasonably be- the Federal Bureau of Investigation invokes (2) ENTITY SUBJECT TO HITECH ACT.—To the lieved to have been acquired or accessed as a an exemption under paragraph (1), the Fed- extent that a covered entity under this title result of the breach of security; and eral Bureau of Investigation shall submit acts as a vendor of personal health records, (D) a statement of each paragraph under written justification for invoking the exemp- a third party service provider, or other enti- subsection (b) that applies to the breach of tion to the U.S. Attorney General before the ty subject to section 13407 of the Health In- security. exemption is invoked. formation Technology for Economical and (2) CONSTRUCTION.—Nothing in this section (4) IMMUNITY.—No cause of action shall lie Clinical Health Act (42 U.S.C. 17937), and has shall be construed to require a covered enti- in any court against any Federal agency for the obligation to provide breach notification ty to reveal specific or identifying informa- acts relating to the exemption from notifica- under that Act or its implementing regula- tion about an individual as part of the notice tion for national security or law enforce- tions, the requirements of this section shall under paragraph (1). ment purposes under this title. not apply. (d) RESPONSIBILITIES OF THE DESIGNATED (5) REPORTS.—Not later than 18 months (3) LIMITATION OF STATUTORY CONSTRUC- ENTITY.—The designated entity shall after the date of enactment of this Act, and TION.—Nothing in this Act may be construed promptly provide each notice it receives upon request by Congress thereafter, the in any way to give effect to the sunset provi- under subsection (b) to— United States Secret Service and Federal sion under section 13407(g)(2) of the Health (1) the United States Secret Service; Bureau of Investigation shall submit to Con- Information Technology for Economic and (2) the Federal Bureau of Investigation; gress a report on the number and nature of Clinical Health Act (42 U.S.C. 17937(g)(2)) or (3) the Federal Trade Commission; breaches of security subject to the exemp- to otherwise limit or affect the applicability, (4) the United States Postal Inspection tions for national security and law enforce- under section 13407 of that Act, of the breach Service, if the breach of security involves ment purposes under this subsection. notification requirement for vendors of per- mail fraud; (i) FINANCIAL FRAUD PREVENTION EXEMP- sonal health records and each entity de- (5) the attorney general of each State af- TION.— scribed in clause (ii), (iii), or (iv) of section fected by the breach of security; and (1) IN GENERAL.—A covered entity shall be 13424(b)(1)(A) of that Act (42 U.S.C. (6) as appropriate, other Federal agencies exempt from the requirements under this 17953(b)(1)(A)) . for law enforcement, national security, or section if the covered entity utilizes or par- (l) WEB SITE NOTICE OF FEDERAL TRADE data security purposes. ticipates in a security program that— COMMISSION.—If the Commission, upon re- (e) TIMING OF NOTICES.—Notice under this (A) effectively blocks the use of the per- ceiving notification of any breach of security section shall be delivered as follows: sonal information to initiate an unauthor- that is reported to the Commission, finds (1) Notice under subsection (b) shall be de- ized financial transaction before it is that notification of the breach of security livered as promptly as possible, but— charged to the account of the individual; and via the Commission’s Internet Web site (A) not less than 3 business days before no- (B) provides notice to each affected indi- would be in the public interest or for the pro- tification to an individual pursuant to sec- vidual after a breach of security that re- tection of consumers, the Commission shall tion 803; and

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.037 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5776 CONGRESSIONAL RECORD — SENATE July 31, 2012 (B) not later than 10 days after the date of an interest of the residents of that State has (A) to conduct investigations; discovery of the events requiring notice. been or is threatened or adversely affected (B) to administer oaths or affirmations; or (2) Notice under subsection (d) shall be de- by any covered entity who violates section (C) to compel the attendance of witnesses livered as promptly as possible, but not later 802 or 803 of this Act, the attorney general, or the production of documentary and other than 1 business day after the date that the official, or agency of the State, as parens evidence. designated entity receives notice of a breach patriae, may bring a civil action on behalf of (e) AFFIRMATIVE DEFENSE FOR A VIOLATION of security from a covered entity. the residents of the State in a district court OF SECTION 803.—It shall be an affirmative SEC. 805. APPLICATION AND ENFORCEMENT. of the United States of appropriate jurisdic- defense to an enforcement action brought under subsection (c), or a civil action (a) GENERAL APPLICATION.—The require- tion— brought under subsection (d), based on a vio- ments of sections 802 and 803 apply to— (A) to enjoin further violation of such sec- lation of section 803, that all of the personal (1) those persons, partnerships, or corpora- tion by the defendant; (B) to compel compliance with such sec- information contained in the data in elec- tions over which the Commission has author- tronic form that was acquired or accessed as ity pursuant to section 5(a)(2) of the Federal tion; or (C) to obtain civil penalties in the amount a result of a breach of security of the defend- Trade Commission Act (15 U.S.C. 45(a)(2)); ant is public record information that is law- and determined under paragraph (2). IVIL PENALTIES.— fully made available to the general public (2) notwithstanding sections 4 and 5(a)(2) of (2) C (A) CALCULATION.— from Federal, State, or local government the Federal Trade Commission Act (15 U.S.C. (i) TREATMENT OF VIOLATIONS OF SECTION records and was acquired by the defendant 44 and 45(a)(2)), any non-profit organization, 802.—For purposes of paragraph (1)(C) with re- from such records. including any organization described in sec- gard to a violation of section 802, the amount (f) NOTICE TO LAW ENFORCEMENT; CIVIL EN- tion 501(c) of the Internal Revenue Code of determined under this paragraph is the FORCEMENT BY ATTORNEY GENERAL.— 1986 that is exempt from taxation under sec- amount calculated by multiplying the num- (1) IN GENERAL.—The Attorney General tion 501(a) of the Internal Revenue Code of ber of days that a covered entity is not in may bring a civil action in the appropriate 1986. compliance with such section by an amount United States district court against any cov- (b) OPT-IN FOR CERTAIN OTHER ENTITIES.— not greater than $11,000. ered entity that engages in conduct consti- (1) IN GENERAL.—Section 803 shall apply to (ii) TREATMENT OF VIOLATIONS OF SECTION tuting a violation of section 804. any other person or entity that enters into 803.—For purposes of paragraph (1)(C) with re- (2) PENALTIES.— an agreement with the Commission under gard to a violation of section 803, the amount (A) IN GENERAL.—Upon proof of such con- which section 803 would apply to that person determined under this paragraph is the duct by a preponderance of the evidence, a or entity, with respect to any acts or omis- amount calculated by multiplying the num- covered entity shall be subject to a civil pen- sions that occur while the agreement is in ef- ber of violations of such section by an alty of not more than $1,000 per individual fect and that may constitute a violation of amount not greater than $11,000. Each failure whose personal information was or is reason- section 803, if— to send notification as required under sec- ably believed to have been accessed or ac- (A) not less than 30 days prior to entering tion 803 to a resident of the State shall be quired as a result of the breach of security into the agreement with the person or enti- treated as a separate violation. that is the basis of the violation, up to a ty, the Commission publishes notice in the (B) ADJUSTMENT FOR INFLATION.—Begin- maximum of $100,000 per day while such vio- Federal Register of the Commission’s intent ning on the date that the Consumer Price lation persists. to enter into the agreement; and Index is first published by the Bureau of (B) LIMITATIONS.—The total amount of the (B) not later than 14 business days after en- Labor Statistics that is after 1 year after the civil penalty assessed under this subsection tering into the agreement with the person or date of enactment of this Act, and each year against a covered entity for acts or omis- entity, the Commission publishes in the Fed- thereafter, the amounts specified in clauses sions relating to a single breach of security eral Register— (i) and (ii) of subparagraph (A) and in clauses shall not exceed $1,000,000, unless the con- (i) notice of the agreement; (i) and (ii) of subparagraph (C) shall be in- duct constituting a violation of section 804 (ii) the identify of each person or entity creased by the percentage increase in the was willful or intentional, in which case an covered by the agreement; and Consumer Price Index published on that date additional civil penalty of up to $1,000,000 (iii) the effective date of the agreement. from the Consumer Price Index published the may be imposed. (2) CONSTRUCTION.— previous year. (C) ADJUSTMENT FOR INFLATION.—Beginning (A) OTHER FEDERAL LAW.—An agreement (C) MAXIMUM TOTAL LIABILITY.—Notwith- on the date that the Consumer Price Index is under paragraph (1) shall not effect a per- standing the number of actions which may first published by the Bureau of Labor Sta- son’s obligation or an entity’s obligation to be brought against a covered entity under tistics that is after 1 year after the date of provide notice of a breach of security or this subsection, the maximum civil penalty enactment of this Act, and each year there- similar event under any other Federal law. for which any covered entity may be liable after, the amounts specified in subpara- (B) NO PREEMPTION PRIOR TO VALID AGREE- under this subsection shall not exceed— graphs (A) and (B) shall be increased by the MENT.—Subsections (a)(2) and (b) of section (i) $5,000,000 for each violation of section percentage increase in the Consumer Price 807 shall not apply to a breach of security 802; and Index published on that date from the Con- that occurs before a valid agreement under (ii) $5,000,000 for all violations of section sumer Price Index published the previous paragraph (1) is in effect. 803 resulting from a single breach of secu- year. (c) ENFORCEMENT BY THE FEDERAL TRADE rity. (3) INJUNCTIVE ACTIONS.—If it appears that COMMISSION.— (3) INTERVENTION BY THE FTC.— a covered entity has engaged, or is engaged, (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- (A) NOTICE AND INTERVENTION.—The State in any act or practice that constitutes a vio- TICES.—A violation of section 802 or 803 of shall provide prior written notice of any ac- lation of section 804, the Attorney General this Act shall be treated as an unfair and de- tion under paragraph (1) to the Commission may petition an appropriate United States ceptive act or practice in violation of a regu- and provide the Commission with a copy of district court for an order enjoining such lation under section 18(a)(1)(B) of the Fed- its complaint, except in any case in which practice or enforcing compliance with sec- eral Trade Commission Act (15 U.S.C. such prior notice is not feasible, in which tion 804. 57a(a)(1)(B)) regarding unfair or deceptive case the State shall serve such notice imme- (4) ISSUANCE OF ORDER.—A court may issue acts or practices. diately upon commencing such action. The such an order under paragraph (3) if it finds (2) POWERS OF COMMISSION.—The Commis- Commission shall have the right— that the conduct in question constitutes a sion shall enforce this title in the same man- (i) to intervene in the action; violation of section 804. ner, by the same means, and with the same (ii) upon so intervening, to be heard on all (g) CONCEALMENT OF BREACHES OF SECU- jurisdiction, powers, and duties as though all matters arising therein; and RITY.— applicable terms and provisions of the Fed- (iii) to file petitions for appeal. (1) IN GENERAL.—Chapter 47 of title 18, eral Trade Commission Act (15 U.S.C. 41 et (B) LIMITATION ON STATE ACTION WHILE FED- United States Code, is amended by adding at seq.) were incorporated into and made a part ERAL ACTION IS PENDING.—If the Commission the end the following: of this title. Any covered entity who violates has instituted a civil action for violation of ‘‘§ 1041. Concealment of breaches of security such regulations shall be subject to the pen- this title, no State attorney general, or offi- involving personal information alties and entitled to the privileges and im- cial or agency of a State, may bring an ac- ‘‘(a) IN GENERAL.—Any person who, having munities provided in that Act. tion under this subsection during the pend- knowledge of a breach of security and of the (3) LIMITATION.—In promulgating rules ency of that action against any defendant fact that notification of the breach of secu- under this title, the Commission shall not named in the complaint of the Commission rity is required under the Data Security and require the deployment or use of any specific for any violation of this title alleged in the Breach Notification Act of 2012, inten- products or technologies, including any spe- complaint. tionally and willfully conceals the fact of cific computer software or hardware. (4) CONSTRUCTION.—For purposes of bring- the breach of security, shall, in the event (d) ENFORCEMENT BY STATE ATTORNEYS ing any civil action under paragraph (1), that the breach of security results in eco- GENERAL.— nothing in this title shall be construed to nomic harm to any individual in the amount (1) CIVIL ACTION.—In any case in which the prevent an attorney general of a State from of $1,000 or more, be fined under this title, attorney general of a State, or an official or exercising the powers conferred on the attor- imprisoned for not more than 5 years, or agency of a State, has reason to believe that ney general by the laws of that State— both.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.037 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5777

‘‘(b) PERSON DEFINED.—For purposes of tionwide basis within the meaning of section civil action under the laws of any State if subsection (a), the term ‘person’ has the 603(p) of the Fair Credit Reporting Act (15 such action is premised in whole or in part same meaning as in section 1030(e)(12) of this U.S.C. 1681a(p)). upon the defendant violating any provision title. (9) PERSONAL INFORMATION.— of this title. ‘‘(c) ENFORCEMENT AUTHORITY.— (A) DEFINITION.—The term ‘‘personal infor- (2) PROTECTION OF CONSUMER PROTECTION ‘‘(1) IN GENERAL.—The United States Secret mation’’ means any information or compila- LAWS.—Except as provided in subsection (a) Service and the Federal Bureau of Investiga- tion of information in electronic or digital of this section, this subsection shall not be tion shall have the authority to investigate form that includes— construed to limit the enforcement of any offenses under this section. (i) a financial account number or credit or State consumer protection law by an attor- ‘‘(2) CONSTRUCTION.—The authority granted debit card number in combination with any ney general of a State. in paragraph (1) shall not be exclusive of any security code, access code, or password that (c) PROTECTION OF CERTAIN STATE LAWS.— existing authority held by any other Federal is required for an individual to obtain credit, This title shall not be construed to preempt agency.’’. withdraw funds, or engage in a financial the applicability of— (2) CONFORMING AND TECHNICAL AMEND- transaction; or (1) State trespass, contract, or tort law; or MENTS.—The table of sections for chapter 47 (ii) an individual’s first and last name or (2) any other State laws to the extent that of title 18, United States Code, is amended by first initial and last name in combination those laws relate to acts of fraud. adding at the end the following: with— (d) PRESERVATION OF FTC AUTHORITY.— ‘‘1041. Concealment of breaches of security (I) a non-truncated social security number, Nothing in this title may be construed in involving personal informa- driver’s license number, passport number, or any way to limit or affect the Commission’s tion.’’. alien registration number, or other similar authority under any other provision of law. number issued on a government document SEC. 806. DEFINITIONS. SEC. 808. APPLICABILITY OF SECTION 631 OF THE used to verify identity; In this title: COMMUNICATIONS ACT OF 1934. (II) unique biometric data such as a finger (1) BREACH OF SECURITY.— (a) IN GENERAL.—To the extent that a print, voice print, retina or iris image, or (A) IN GENERAL.—The term ‘‘breach of se- cable operator (as defined under section 631 any other unique physical representation; curity’’ means compromise of the security, of the Communications Act of 1934 (47 U.S.C. (III) a unique account identifier, electronic confidentiality, or integrity of, or loss of, 551)) is subject to a requirement regarding identification number, user name, or routing personal information (as defined in section data in electronic form that results in, or code in combination with any associated se- there is a reasonable basis to conclude has 806 of this Act)— curity code, access code, or password that is (1) under this title that is in conflict with resulted in, unauthorized access to or acqui- required for an individual to obtain money, sition of personal information from a cov- a requirement under section 631 of the Com- goods, services, or any other thing of value; munications Act of 1934 (47 U.S.C. 551), each ered entity. or (B) EXCLUSIONS.—The term‘‘ breach of se- applicable section of this Act shall control (IV) 2 of the following: (including enforcement); and curity’’ does not include— (aa) Home address or telephone number. (i) a good faith acquisition of personal in- (2) under section 631 of the Communica- (bb) Mother’s maiden name, if identified as tions Act of 1934 (47 U.S.C. 551) that is in ad- formation by a covered entity, or an em- such. ployee or agent of a covered entity, if the dition to or different from a requirement (cc) Month, day, and year of birth. under this title, each applicable subsection personal information is not subject to fur- (B) MODIFIED DEFINITION BY RULEMAKING.— ther use or unauthorized disclosure; of section 631 of the Communications Act of If the Commission determines that the defi- 1934 (47 U.S.C. 551) shall remain in effect (in- (ii) any lawfully authorized investigative, nition under subparagraph (A) is not reason- protective, or intelligence activity of a law cluding enforcement and right of action). ably sufficient to protect individuals from (b) LIMITATION OF STATUTORY CONSTRUC- enforcement or an intelligence agency of the identify theft, fraud, or other unlawful con- United States, a State, or a political subdivi- TION.—Nothing in this title shall preclude duct, the Commission by rule promulgated the application of section 631 of the Commu- sion of a State; or under section 553 of title 5, United States (iii) the release of a public record not oth- nications Act of 1934 (47 U.S.C. 551), to infor- Code, may modify the definition of ‘‘personal mation that is not included in the definition erwise subject to confidentiality or non- information’’ under subparagraph (A) to the disclosure requirements. of personal information under section 806 of extent the modification will not unreason- this Act. (2) COMMISSION.—The term ‘‘Commission’’ ably impede interstate commerce. SEC. 809. EFFECTIVE DATE. means the Federal Trade Commission. (10) PUBLIC RECORD INFORMATION.—The This title shall take effect 1 year after the (3) COVERED ENTITY.—The term ‘‘covered term ‘‘public record information’’ means in- date of enactment of this Act. entity’’ means a sole proprietorship, partner- formation about an individual which has ship, corporation, trust, estate, cooperative, been obtained originally from records of a Mr. FRANKEN (for himself, association, or other commercial entity, and Federal, State, or local government entity SA 2701. any charitable, educational, or nonprofit or- that are available for public inspection. Mr. PAUL, Mr. WYDEN, Mr. AKAKA, Mr. ganization, that acquires, maintains, or uti- (11) SERVICE PROVIDER.—The term ‘‘service COONS, Mr. BLUMENTHAL, Mr. SANDERS, lizes personal information. provider’’ means a person that provides elec- Mr. UDALL of New Mexico, Mr. (4) DATA IN ELECTRONIC FORM.—The term tronic data transmission, routing, inter- MERKLEY, Mr. SCHUMER, Ms. CANTWELL, ‘‘data in electronic form’’ means any data mediate and transient storage, or connec- Mrs. SHAHEEN, Mr. BEGICH, Mr. DURBIN, stored electronically or digitally on any tions to its system or network, where the and Mr. HARKIN) submitted an amend- computer system or other database, includ- person providing such services does not se- ing recordable tapes and other mass storage ment intended to be proposed by him lect or modify the content of the electronic to the bill S. 3414, to enhance the secu- devices. data, is not the sender or the intended recipi- (5) DESIGNATED ENTITY.—The term ‘‘des- ent of the data, and does not differentiate rity and resilency of the cyber and ignated entity’’ means the Federal Govern- personal information from other information communications infrastructure of the ment entity designated by the Secretary of that such person transmits, routes, or stores, United States; which was ordered to lie Homeland Security under section 804. or for which such person provides connec- on the table; as follows: (6) ENCRYPTION.—The term ‘‘encryption’’ tions. Any such person shall be treated as a Strike section 701. means the protection of data in electronic service provider under this title only to the form in storage or in transit using an extent that it is engaged in the provision of SA 2702. Mr. FRANKEN (for himself, encryption technology that has been adopted such transmission, routing, intermediate and Mr. PAUL, Mr. WYDEN, Mr. AKAKA, Mr. by an established standards setting body transient storage, or connections. COONS, Mr. BLUMENTHAL, Mr. SANDERS, which renders such data indecipherable in SEC. 807. EFFECT ON OTHER LAWS. Mr. UDALL of New Mexico, Mr. the absence of associated cryptographic keys (a) PREEMPTION OF STATE INFORMATION SE- ERKLEY CHUMER ANTWELL necessary to enable decryption of such data. CURITY LAWS.—This title supersedes any pro- M , Mr. S , Ms. C , Such encryption must include appropriate vision of a statute, regulation, or rule of a Mrs. SHAHEEN, Mr. BEGICH, Mr. DURBIN, management and safeguards of such keys to State or political subdivision of a State, and Mr. HARKIN) submitted an amend- protect the integrity of the encryption. with respect to those entities covered by the ment intended to be proposed by him (7) IDENTITY THEFT.—The term ‘‘identity regulations issued pursuant to this title, to the bill S. 3414, to enhance the secu- theft’’ means the unauthorized use of an- that expressly— rity and resilency of the cyber and other person’s personal information for the (1) requires information security practices communications infrastructure of the purpose of engaging in commercial trans- and treatment of data containing personal actions under the identity of such other per- information similar to any of those required United States; which was ordered to lie son, including any contact that violates sec- under section 802; or on the table; as follows: tion 1028A of title 18, United States Code. (2) requires notification to individuals of a Beginning on page 169, strike line 15 and (8) MAJOR CREDIT REPORTING AGENCY.—The breach of security as defined in section 806. all that follows through page 172, line 25. term ‘‘major credit reporting agency’’ means (b) ADDITIONAL PREEMPTION.— Page 189, beginning on line 22, strike ‘‘per- a consumer reporting agency that compiles (1) IN GENERAL.—No person other than a forming, monitoring, operating counter- and maintains files on consumers on a na- person specified in section 805(d) may bring a measures, or’’.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.037 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5778 CONGRESSIONAL RECORD — SENATE July 31, 2012

Page 196, strike lines 10, 11, and 12. (b) PURPOSE.—The purpose of a cybersecu- tention, and disclosure of information by a Beginning on page 205, strike line 15 and rity exchange is to receive and distribute, in cybersecurity exchange under section 703(b) all that follows through page 206, line 2. as close to real time as possible, cybersecu- and the special requirements for Federal en- rity threat indicators, and to thereby avoid tities under section 703(g). SA 2703. Mr. FRANKEN (for himself, unnecessary and duplicative Federal bu- (e) REQUIREMENTS FOR NON-FEDERAL CY- Mr. PAUL, Mr. WYDEN, Mr. AKAKA, Mr. reaucracy for information sharing as pro- BERSECURITY EXCHANGES.— COONS, Mr. BLUMENTHAL, Mr. SANDERS, vided in this title. (1) IN GENERAL.—In considering whether to (c) REQUIREMENT FOR A LEAD FEDERAL CI- designate a private entity or any other non- Mr. UDALL of New Mexico, Mr. VILIAN CYBERSECURITY EXCHANGE.— Federal entity as a cybersecurity exchange MERKLEY, Mr. SCHUMER, Ms. CANTWELL, (1) IN GENERAL.—The Secretary, in con- to receive and distribute cybersecurity Mrs. SHAHEEN, Mr. BEGICH, Mr. DURBIN, sultation with the Director of National In- threat indicators under section 703, and what and Mr. HARKIN) submitted an amend- telligence, the Attorney General, and the entity to designate, the Secretary shall con- ment intended to be proposed by him Secretary of Defense, shall designate a civil- sider the following factors: to the bill S. 3414, to enhance the secu- ian Federal entity as the lead cybersecurity (A) The net effect that such designation rity and resiliency of the cyber and exchange to serve as a focal point within the would have on the overall cybersecurity of Federal Government for cybersecurity infor- the United States. communications infrastructure of the mation sharing among Federal entities and United States; which was ordered to lie (B) Whether such designation could sub- with non-Federal entities. stantially improve such overall cybersecu- on the table; as follows: (2) RESPONSIBILITIES.—The lead Federal ci- rity by serving as a hub for receiving and Strike title VII and insert the following: vilian cybersecurity exchange designated sharing cybersecurity threat indicators in as TITLE VII—INFORMATION SHARING under paragraph (1) shall— close to real time as possible, including the (A) receive and distribute, in as close to SEC. 701. VOLUNTARY DISCLOSURE OF CYBERSE- capacity of the non-Federal entity for per- real time as possible, cybersecurity threat forming those functions. CURITY THREAT INDICATORS indicators in accordance with this title; AMONG PRIVATE ENTITIES. (C) The capacity of such non-Federal enti- (B) facilitate information sharing, inter- (a) AUTHORITY TO DISCLOSE.—Notwith- ty to safeguard cybersecurity threat indica- action, and collaboration among and be- standing any other provision of law, any pri- tors from unauthorized disclosure and use. tween— vate entity may disclose lawfully obtained (D) The adequacy of the policies and proce- (i) Federal entities; cybersecurity threat indicators to any other dures of such non-Federal entity to protect (ii) State, local, tribal, and territorial gov- private entity in accordance with this sec- personally identifiable information from un- ernments; tion. authorized disclosure and use. (iii) private entities; (b) USE AND PROTECTION OF INFORMATION.— (E) The ability of the non-Federal entity to (iv) academia; A private entity disclosing or receiving cy- sustain operations using entirely non-Fed- (v) international partners, in consultation bersecurity threat indicators pursuant to eral sources of funding. with the Secretary of State; and subsection (a)— (2) REGULATIONS.—The Secretary may pro- (vi) other cybersecurity exchanges; (1) may use, retain, or further disclose such mulgate regulations as may be necessary to (C) disseminate timely and actionable cy- cybersecurity threat indicators solely for the carry out this subsection. bersecurity threat, vulnerability, mitiga- purpose of protecting an information system (f) CONSTRUCTION WITH OTHER AUTHORI- tion, and warning information lawfully ob- or information that is stored on, processed TIES.—Nothing in this section may be con- tained from any source, including alerts, by, or transiting an information system from strued to alter the authorities of a Federal advisories, indicators, signatures, and miti- cybersecurity threats or mitigating such cybersecurity center, unless such cybersecu- gation and response measures, to appropriate threats; rity center is acting in its capacity as a des- Federal and non-Federal entities in as close (2) shall make reasonable efforts to safe- ignated cybersecurity exchange. to real time as possible, to improve the secu- guard communications, records, system traf- (g) CONGRESSIONAL NOTIFICATION OF DES- rity and protection of information systems; fic, or other information that can be used to IGNATION OF CYBERSECURITY EXCHANGES.— (D) coordinate with other Federal and non- identify specific persons from unauthorized (1) IN GENERAL.—The Secretary, in coordi- Federal entities, as appropriate, to integrate access or acquisition; nation with the Director of National Intel- information from Federal and non-Federal (3) shall comply with any lawful restric- ligence, the Attorney General, and the Sec- entities, including Federal cybersecurity tions placed on the disclosure or use of cy- retary of Defense, shall promptly notify Con- centers, non-Federal network or security op- bersecurity threat indicators, including, if gress, in writing, of any designation of a cy- eration centers, other cybersecurity ex- requested, the removal of information that bersecurity exchange under this title. changes, and non-Federal entities that dis- may be used to identify specific persons from (2) REQUIREMENT.—Written notification close cybersecurity threat indicators under such indicators; and under paragraph (1) shall include a descrip- section 703(a), in as close to real time as pos- (4) may not use the cybersecurity threat tion of the criteria and processes used to sible, to provide situational awareness of the indicators to gain an unfair competitive ad- make the designation. United States information security posture vantage to the detriment of the entity that SEC. 703. VOLUNTARY DISCLOSURE OF CYBERSE- and foster information security collabora- CURITY THREAT INDICATORS TO A authorized such sharing. tion among information system owners and CYBERSECURITY EXCHANGE. (c) TRANSFERS TO UNRELIABLE PRIVATE EN- operators; (a) AUTHORITY TO DISCLOSE.—Notwith- TITIES PROHIBITED.—A private entity may (E) conduct, in consultation with private standing any other provision of law, a non- not disclose cybersecurity threat indicators entities and relevant Federal and other gov- Federal entity may disclose lawfully ob- to another private entity that the disclosing ernmental entities, regular assessments of tained cybersecurity threat indicators to a entity knows— existing and proposed information sharing cybersecurity exchange in accordance with (1) has intentionally or willfully violated models to eliminate bureaucratic obstacles this section. the requirements of subsection (b); and to information sharing and identify best (b) USE, RETENTION, AND DISCLOSURE OF IN- (2) is reasonably likely to violate such re- practices for such sharing; and FORMATION BY A CYBERSECURITY EXCHANGE.— quirements. (F) coordinate with other Federal entities, A cybersecurity exchange may only use, re- SEC. 702. CYBERSECURITY EXCHANGES. as appropriate, to compile and analyze infor- tain, or further disclose information pro- (a) DESIGNATION OF CYBERSECURITY EX- mation about risks and incidents that vided pursuant to subsection (a)— CHANGES.—The Secretary of Homeland Secu- threaten information systems, including in- (1) in order to protect information systems rity, in consultation with the Director of Na- formation voluntarily submitted in accord- from cybersecurity threats and to mitigate tional Intelligence, the Attorney General, ance with section 703(a) or otherwise in ac- cybersecurity threats; or and the Secretary of Defense, shall estab- cordance with applicable laws. (2) to law enforcement pursuant to sub- lish— (3) SCHEDULE FOR DESIGNATION.—The des- section (g)(2). (1) a process for designating one or more ignation of a lead Federal civilian cybersecu- (c) USE AND PROTECTION OF INFORMATION appropriate civilian Federal entities or non- rity exchange under paragraph (1) shall be RECEIVED FROM A CYBERSECURITY EX- Federal entities to serve as cybersecurity ex- made concurrently with the issuance of the CHANGE.—A non-Federal entity receiving cy- changes to receive and distribute cybersecu- interim policies and procedures under sec- bersecurity threat indicators from a cyberse- rity threat indicators; tion 703(g)(3)(D). curity exchange— (2) procedures to facilitate and ensure the (d) ADDITIONAL CIVILIAN FEDERAL CYBERSE- (1) may use, retain, or further disclose such sharing of classified and unclassified cyber- CURITY EXCHANGES.—In accordance with the cybersecurity threat indicators solely for the security threat indicators in as close to real process and procedures established in sub- purpose of protecting an information system time as possible with appropriate Federal en- section (a), the Secretary, in consultation or information that is stored on, processed tities and non-Federal entities in accordance with the Director of National Intelligence, by, or transiting an information system from with this title; and the Attorney General, and the Secretary of cybersecurity threats or mitigating such (3) a process for identifying certified enti- Defense, may designate additional civilian threats; ties to receive classified cybersecurity Federal entities to receive and distribute cy- (2) shall make reasonable efforts to safe- threat indicators in accordance with para- bersecurity threat indicators, if such entities guard communications, records, system traf- graph (2). are subject to the requirements for use, re- fic, or other information that can be used to

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.038 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5779

identify specific persons from unauthorized (III) to a serious threat to minors, includ- (B) NOTIFICATION OF THE ATTORNEY GEN- access or acquisition; ing sexual exploitation and threats to phys- ERAL.—The head of each Federal entity that (3) shall comply with any lawful restric- ical safety. receives information under this title shall— tions placed on the disclosure or use of cy- (B) USE BY LAW ENFORCEMENT.—A law en- (i) comply with the policies and procedures bersecurity threat indicators by the cyberse- forcement entity may only use cybersecurity developed by the Secretary and approved by curity exchange or a third party, if the cy- threat indicators received by a Federal enti- the Attorney General under paragraph (3); bersecurity exchange received such informa- ty under paragraph (A) in order— (ii) promptly notify the Attorney General tion from the third party, including, if re- (i) to protect information systems from a of significant violations of such policies and quested, the removal of information that can cybersecurity threat or investigate, pros- procedures; and be used to identify specific persons from such ecute, or disrupt a cybersecurity crime; (iii) provide to the Attorney General any indicators; and (ii) to protect individuals from an immi- information relevant to the violation that (4) may not use the cybersecurity threat nent threat of death or serious bodily harm; the Attorney General requires. indicators to gain an unfair competitive ad- or (C) ANNUAL REPORT.—On an annual basis, vantage to the detriment of the third party (iii) to protect minors from any serious the Chief Privacy and Civil Liberties Officer that authorized such sharing. threat, including sexual exploitation and of the Department of Justice and the Chief (d) EXEMPTION FROM PUBLIC DISCLOSURE.— threats to physical safety. Privacy Officer of the Department, in con- Any cybersecurity threat indicator disclosed (3) PRIVACY AND CIVIL LIBERTIES.— sultation with the most senior privacy and by a non-Federal entity to a cybersecurity (A) REQUIREMENT FOR POLICIES AND PROCE- civil liberties officer or officers of any appro- exchange pursuant to subsection (a) shall DURES.—The Secretary, in consultation with priate agencies, shall jointly submit to Con- be— privacy and civil liberties experts, the Direc- gress a report assessing the privacy and civil (1) exempt from disclosure under section tor of National Intelligence, and the Sec- liberties impact of the governmental activi- 552(b)(3) of title 5, United States Code, or any retary of Defense, shall develop and periodi- ties conducted pursuant to this title. comparable State law; and cally review policies and procedures gov- (5) REPORTS ON INFORMATION SHARING.— (2) treated as voluntarily shared informa- erning the receipt, retention, use, and disclo- (A) PRIVACY AND CIVIL LIBERTIES OVERSIGHT tion under section 552 of title 5, United sure of cybersecurity threat indicators by a BOARD REPORT.—Not later than 2 years after States Code, or any comparable State law. Federal entity obtained in connection with the date of the enactment of this title, and activities authorized in this title. Such poli- (e) EXEMPTION FROM EX PARTE LIMITA- every 2 years thereafter, the Privacy and cies and procedures shall— TIONS.—Any cybersecurity threat indicator Civil Liberties Oversight Board shall submit disclosed by a non-Federal entity to a cyber- (i) minimize the impact on privacy and to Congress and the President a report pro- security exchange pursuant to subsection (a) civil liberties, consistent with the need to viding— shall not be subject to the rules of any gov- protect information systems from cybersecu- (i) an analysis of the practices of private ernmental entity or judicial doctrine regard- rity threats and mitigate cybersecurity entities that are disclosing cybersecurity ing ex parte communications with a decision threats; threat indicators pursuant to this title; making official. (ii) reasonably limit the receipt, retention, (ii) an assessment of the privacy and civil use and disclosure of cybersecurity threat in- liberties impact of the activities carried out (f) EXEMPTION FROM WAIVER OF PRIVI- dicators associated with specific persons LEGE.—Any cybersecurity threat indicator by the Federal entities under this title; and consistent with the need to carry out the re- (iii) recommendations for improvements to disclosed by a non-Federal entity to a cyber- sponsibilities of this title, including estab- security exchange pursuant to subsection (a) or modifications of the law and the policies lishing a process for the timely destruction and procedures established pursuant to para- may not be construed to be a waiver of any of cybersecurity threat indicators that are applicable privilege or protection provided graph (3) in order to address privacy and received pursuant to this section that do not civil liberties concerns. under Federal, State, tribal, or territorial reasonably appear to be related to the pur- (B) INSPECTORS GENERAL ANNUAL REPORT.— law, including any trade secret protection. poses identified in paragraph (1)(A); The Inspector General of the Department, (g) SPECIAL REQUIREMENTS FOR FEDERAL (iii) include requirements to safeguard cy- the Inspector General of the Intelligence AND LAW ENFORCEMENT ENTITIES.— bersecurity threat indicators that may be Community, the Inspector General of the De- (1) RECEIPT, DISCLOSURE AND USE OF CYBER- used to identify specific persons from unau- partment of Justice, and the Inspector Gen- SECURITY THREAT INDICATORS BY A FEDERAL thorized access or acquisition; eral of the Department of Defense shall, on ENTITY.— (iv) include procedures for notifying enti- an annual basis, jointly submit to Congress a (A) AUTHORITY TO RECEIVE AND USE CYBER- ties, as appropriate, if information received report on the receipt, use and disclosure of SECURITY THREAT INDICATORS.—A Federal en- pursuant to this section is not a cybersecu- information shared with a Federal cyberse- tity that is not a cybersecurity exchange rity threat indicator; and curity exchange under this title, including— may receive, retain, and use cybersecurity (v) protect the confidentiality of cyberse- threat indicators from a cybersecurity ex- curity threat indicators associated with spe- (i) a review of the use by Federal entities change in order— cific persons to the greatest extent prac- of such information for a purpose other than (i) to protect information systems from cy- ticable and require recipients to be informed to protect information systems from cyber- bersecurity threats and to mitigate cyberse- that such indicators may only be used for security threats and to mitigate cybersecu- curity threats; and the purposes identified in paragraph (1)(A). rity threats, including law enforcement ac- (ii) to disclose such cybersecurity threat (B) ADOPTION OF POLICIES AND PROCE- cess and use pursuant to paragraph (2); indicators to law enforcement in accordance DURES.—The head of an agency responsible (ii) a review of the type of information with paragraph (2). for a Federal entity designated as a cyberse- shared with a Federal cybersecurity ex- (B) AUTHORITY TO DISCLOSE CYBERSECURITY curity exchange under section 703 shall adopt change; THREAT INDICATORS.—A Federal entity that is and comply with the policies and procedures (iii) a review of the actions taken by Fed- not a cybersecurity exchange shall ensure developed under this paragraph. eral entities based on such information; that if disclosing cybersecurity threat indi- (C) REVIEW BY THE ATTORNEY GENERAL.— (iv) appropriate metrics to determine the cators to a non-Federal entity under this The policies and procedures developed under impact of the sharing of such information section, such non-Federal entity shall use or this subsection shall be provided to the At- with a Federal cybersecurity exchange on retain such cybersecurity threat indicators torney General for review not later than 1 privacy and civil liberties; in a manner that is consistent with the re- year after the date of the enactment of this (v) a list of Federal entities receiving such quirements in— title, and shall not be issued without the At- information; (i) subsection (b) on the use and protection torney General’s approval. (vi) a review of the sharing of such infor- of information; and (D) REQUIREMENT FOR INTERIM POLICIES AND mation among Federal entities to identify (ii) paragraph (2). PROCEDURES.—The Secretary shall issue in- inappropriate stovepiping of shared informa- (2) LAW ENFORCEMENT ACCESS AND USE OF terim policies and procedures not later than tion; and CYBERSECURITY THREAT INDICATORS.— 60 days after the date of the enactment of (vii) any recommendations of the inspec- (A) DISCLOSURE TO LAW ENFORCEMENT.—A this title. tors general for improvements or modifica- Federal entity may disclose cybersecurity (E) PROVISION TO CONGRESS.—The policies tions to the authorities under this title. threat indicators received under this title to and procedures issued under this title and (C) FORM.—Each report required under this a law enforcement entity if— any amendments to such policies and proce- paragraph shall be submitted in unclassified (i) the disclosure is permitted under the dures shall be provided to Congress in an un- form, but may include a classified annex. procedures developed by the Secretary and classified form and be made public, but may (6) SANCTIONS.—The head of each Federal approved by the Attorney General under include a classified annex. entity that conducts activities under this paragraph (3); and (4) OVERSIGHT.— title shall develop and enforce appropriate (ii) the information appears to pertain— (A) REQUIREMENT FOR OVERSIGHT.—The sanctions for officers, employees, or agents (I) to a cybersecurity crime which has Secretary and the Attorney General shall es- of such entities who conducts such activi- been, is being, or is about to be committed; tablish a mandatory program to monitor and ties— (II) to an imminent threat of death or seri- oversee compliance with the policies and (A) outside the normal course of their spec- ous bodily harm; or procedures issued under this subsection. ified duties;

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.040 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5780 CONGRESSIONAL RECORD — SENATE July 31, 2012 (B) in a manner inconsistent with the dis- (1) appropriate governmental entities and shall lie or be maintained in any Federal or charge of the responsibilities of such entity; private entities; State court against any private entity, or or (2) the Committee on Armed Services, the any officer, employee, or agent of such an (C) in contravention of the requirements, Committee on Commerce, Science, and entity, and any such action shall be dis- policies, and procedures required by this sub- Transportation, the Committee on Homeland missed promptly, for the reasonable failure section. Security and Governmental Affairs, the to act on information received under this (7) FEDERAL GOVERNMENT LIABILITY FOR Committee on the Judiciary, and the Select title. VIOLATIONS OF THIS TITLE.— Committee on Intelligence of the Senate; (f) DEFENSE FOR BREACH OF CONTRACT.— (A) IN GENERAL.—If a Federal entity inten- and Compliance with lawful restrictions placed tionally or willfully violates a provision of (3) the Committee on Armed Services, the on the disclosure or use of cybersecurity this title or a regulation promulgated under Committee on Energy and Commerce, the threat indicators is a complete defense to this title, the United States shall be liable to Committee on Homeland Security, the Com- any tort or breach of contract claim origi- a person adversely affected by such violation mittee on the Judiciary, and the Permanent nating in a failure to disclose cybersecurity in an amount equal to the sum of— Select Committee on Intelligence of the threat indicators to a third party. (g) LIMITATION ON LIABILITY PROTEC- (i) the actual damages sustained by the House of Representatives. TIONS.—Any person who, knowingly or acting person as a result of the violation or $1,000, SEC. 705. LIMITATION ON LIABILITY AND GOOD in gross negligence, violates a provision of whichever is greater; and FAITH DEFENSE FOR CYBERSECU- RITY ACTIVITIES. this title or a regulation promulgated under (ii) the costs of the action together with this title shall— reasonable attorney fees as determined by (a) IN GENERAL.—No civil or criminal cause of action shall lie or be maintained in any (1) not receive the protections of this title; the court. and (B) VENUE.—An action to enforce liability Federal or State court against any entity acting as authorized by this title, and any (2) be subject to any criminal or civil cause created under this subsection may be of action that may arise under any other brought in the district court of the United such action shall be dismissed promptly for activities authorized by this title consisting State or Federal law prohibiting the conduct States in— in question. (i) the district in which the complainant of the voluntary disclosure of a lawfully ob- SEC. 706. CONSTRUCTION AND FEDERAL PRE- resides; tained cybersecurity threat indicator— (1) to a cybersecurity exchange pursuant to EMPTION. (ii) the district in which the principal (a) CONSTRUCTION.—Nothing in this title section 703(a); place of business of the complainant is lo- may be construed— (2) by a provider of cybersecurity services cated; (1) to limit any other existing authority or to a customer of that provider; (iii) the district in which the Federal enti- lawful requirement to monitor information (3) to a private entity or governmental en- ty that disclosed the information is located; systems and information that is stored on, tity that provides or manages critical infra- or processed by, or transiting such information structure (as that term is used in section (iv) the District of Columbia. systems, operate countermeasures, and re- 1016 of the Critical Infrastructures Protec- (C) STATUTE OF LIMITATIONS.—No action tain, use or disclose lawfully obtained infor- tion Act of 2001 (42 U.S.C. 5195c)); or shall lie under this subsection unless such mation; (4) to any other private entity under sec- action is commenced not later than 2 years (2) to permit the unauthorized disclosure tion 701(a), if the cybersecurity threat indi- after the date of the violation that is the of— cator is also disclosed within a reasonable basis for the action. (A) information that has been determined (D) EXCLUSIVE CAUSE OF ACTION.—A cause time to a cybersecurity exchange. (b) GOOD FAITH DEFENSE.—If a civil or by the Federal Government pursuant to an of action under this subsection shall be the Executive order or statute to require protec- exclusive means available to a complainant criminal cause of action is not barred under subsection (a), a reasonable good faith reli- tion against unauthorized disclosure for rea- seeking a remedy for a disclosure of informa- sons of national defense or foreign relations; tion in violation of this title by a Federal en- ance that this title permitted the conduct complained of is a complete defense against (B) any restricted data (as that term is de- tity. any civil or criminal action brought under fined in paragraph (y) of section 11 of the SEC. 704. SHARING OF CLASSIFIED CYBERSECU- this title or any other law. Atomic Energy Act of 1954 (42 U.S.C. 2014)); RITY THREAT INDICATORS. (c) LIMITATION ON USE OF CYBERSECURITY (C) information related to intelligence (a) SHARING OF CLASSIFIED CYBERSECURITY THREAT INDICATORS FOR REGULATORY EN- sources and methods; or THREAT INDICATORS.—The procedures estab- FORCEMENT ACTIONS.—No Federal entity may (D) information that is specifically subject lished under section 702(a)(2) shall provide use a cybersecurity threat indicator received to a court order or a certification, directive, that classified cybersecurity threat indica- pursuant to this title as evidence in a regu- or other authorization by the Attorney Gen- tors may only be— latory enforcement action against the entity eral precluding such disclosure; (1) shared with certified entities; that lawfully shared the cybersecurity (3) to provide additional authority to, or (2) shared in a manner that is consistent threat indicator with a cybersecurity ex- modify an existing authority of, the Depart- with the need to protect the national secu- change that is a Federal entity. ment of Defense or the National Security rity of the United States; (d) DELAY OF NOTIFICATION AUTHORIZED FOR Agency or any other element of the intel- (3) shared with a person with an appro- LAW ENFORCEMENT, NATIONAL SECURITY, OR ligence community to control, modify, re- priate security clearance to receive such cy- HOMELAND SECURITY PURPOSES.—No civil or quire, or otherwise direct the cybersecurity bersecurity threat indicators; and criminal cause of action shall lie or be main- efforts of a non-Federal entity or a Federal (4) used by a certified entity in a manner tained in any Federal or State court against entity; that protects such cybersecurity threat indi- any entity, and any such action shall be dis- (4) to limit or modify an existing informa- cators from unauthorized disclosure. missed promptly, for a failure to disclose a tion sharing relationship; (b) REQUIREMENT FOR GUIDELINES.—Not cybersecurity threat indicator if— (5) to prohibit a new information sharing later than 60 days after the date of the enact- (1) the Attorney General or the Secretary relationship; ment of this title, the Director of National determines that disclosure of a cybersecurity (6) to require a new information sharing re- Intelligence shall issue guidelines providing threat indicator would impede a civil or lationship between a Federal entity and a that appropriate Federal officials may, as criminal investigation and submits a written private entity; the Director considers necessary to carry out request to delay notification for up to 30 (7) to limit the ability of a non-Federal en- this title— days, except that the Attorney General or tity or a Federal entity to receive data about (1) grant a security clearance on a tem- the Secretary may, by a subsequent written its information systems, including lawfully porary or permanent basis to an employee of request, revoke such delay or extend the pe- obtained cybersecurity threat indicators; a certified entity; riod of time set forth in the original request (8) to authorize or prohibit any law en- (2) grant a security clearance on a tem- made under this paragraph if further delay is forcement, homeland security, or intel- porary or permanent basis to a certified enti- necessary; or ligence activities not otherwise authorized ty and approval to use appropriate facilities; (2) the Secretary, the Attorney General, or or prohibited under another provision of law; or the Director of National Intelligence deter- (9) to permit price-fixing, allocating a mar- (3) expedite the security clearance process mines that disclosure of a cybersecurity ket between competitors, monopolizing or for such an employee or entity, if appro- threat indicator would threaten national or attempting to monopolize a market, boy- priate, in a manner consistent with the need homeland security and submits a written re- cotting, or exchanges of price or cost infor- to protect the national security of the quest to delay notification, except that the mation, customer lists, or information re- United States. Secretary, the Attorney General, or the Di- garding future competitive planning; (c) DISTRIBUTION OF PROCEDURES AND rector, may, by a subsequent written re- (10) to authorize or limit liability for ac- GUIDELINES.—Following the establishment of quest, revoke such delay or extend the period tions that would violate the regulations the procedures under section 702(a)(2) and of time set forth in the original request adopted by the Federal Communications the issuance of the guidelines under sub- made under this paragraph if further delay is Commission on preserving the open Internet, section (b), the Secretary and the Director of necessary. or any successor regulations thereto, nor to National Intelligence shall expeditiously dis- (e) LIMITATION ON LIABILITY FOR FAILURE modify or alter the obligations of private en- tribute such procedures and guidelines to— TO ACT.—No civil or criminal cause of action tities under such regulations; or

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.040 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5781 (11) to prevent a governmental entity from lect Committee on Intelligence of the Senate (vii) the actual or potential harm caused using information not acquired through a cy- and the Permanent Select Committee on In- by an incident, including information bersecurity exchange for regulatory pur- telligence of the House of Representatives on exfiltrated as a result of defeating a tech- poses. the implementation of section 704. Such re- nical control or an operational control when (b) FEDERAL PREEMPTION.—This title su- port, which shall be submitted in a classified it is necessary in order to identify or de- persedes any law or requirement of a State and in an unclassified form, shall include a scribe a cybersecurity threat; or political subdivision of a State that re- list of private entities that receive classified (viii) any other attribute of a cybersecu- stricts or otherwise expressly regulates the cybersecurity threat indicators under this rity threat, if disclosure of such attribute is provision of cybersecurity services or the ac- title, except that the unclassified report not otherwise prohibited by law; or quisition, interception, retention, use or dis- shall not contain information that may be (ix) any combination thereof; and closure of communications, records, or other used to identify specific private entities un- (B) from which reasonable efforts have information by private entities to the extent less such private entities consent to such been made to remove information that can such law contains requirements inconsistent identification. be used to identify specific persons unrelated with this title. SEC. 707. DEFINITIONS. to the cybersecurity threat. (c) PRESERVATION OF OTHER STATE LAW.— In this title: (7) FEDERAL CYBERSECURITY CENTER.—The Except as expressly provided, nothing in this (1) CERTIFIED ENTITY.—The term ‘‘certified term ‘‘Federal cybersecurity center’’ means title shall be construed to preempt the appli- entity’’ means a protected entity, a self-pro- the Department of Defense Cyber Crime Cen- cability of any other State law or require- tected entity, or a provider of cybersecurity ter, the Intelligence Community Incident ment. services that— Response Center, the United States Cyber (d) NO CREATION OF A RIGHT TO INFORMA- (A) possesses or is eligible to obtain a secu- Command Joint Operations Center, the Na- TION.—The provision of information to a non- rity clearance, as determined by the Director tional Cyber Investigative Joint Task Force, Federal entity under this title does not cre- of National Intelligence; and the National Security Agency/Central Secu- ate a right or benefit to similar information (B) is able to demonstrate to the Director rity Service Threat Operations Center, the by any other non-Federal entity. (e) PROHIBITION ON REQUIREMENT TO PRO- of National Intelligence that such provider United States Computer Emergency Readi- VIDE INFORMATION TO THE FEDERAL GOVERN- or such entity can appropriately protect and ness Team, or successors to such centers. MENT.—Nothing in this title may be con- use classified cybersecurity threat indica- (8) FEDERAL ENTITY.—The term ‘‘Federal strued to permit a Federal entity— tors. entity’’ means an agency or department of (1) to require a non-Federal entity to share (2) CYBERSECURITY CRIME.—The term ‘‘cy- the United States, or any component, officer, information with the Federal Government; bersecurity crime’’ means the violation of a employee, or agent of such an agency or de- (2) to condition the disclosure of unclassi- provision of State or Federal law relating to partment. fied or classified cybersecurity threat indica- computer crimes, including a violation of (9) GOVERNMENTAL ENTITY.—The term tors pursuant to this title with a non-Fed- any provision of title 18, United States Code, ‘‘governmental entity’’ means any Federal eral entity on the provision of cybersecurity enacted or amended by the Computer Fraud entity and agency or department of a State, threat information to the Federal Govern- and Abuse Act of 1986 (Public Law 99–474; 100 local, tribal, or territorial government other ment; or Stat. 1213). than an educational institution, or any com- (3) to condition the award of any Federal (3) CYBERSECURITY EXCHANGE.—The term ponent, officer, employee, or agent of such grant, contract or purchase on the provision ‘‘cybersecurity exchange’’ means any gov- an agency or department. of cybersecurity threat indicators to a Fed- ernmental entity or private entity des- (10) INFORMATION SYSTEM.—The term ‘‘in- eral entity, if the provision of such indica- ignated by the Secretary of Homeland Secu- formation system’’ means a discrete set of tors does not reasonably relate to the nature rity, in consultation with the Director of Na- information resources organized for the col- of activities, goods, or services covered by tional Intelligence, the Attorney General, lection, processing, maintenance, use, shar- the award. and the Secretary of Defense, to receive and ing, dissemination, or disposition of informa- (f) LIMITATION ON USE OF INFORMATION.—No distribute cybersecurity threat indicators tion, including communications with, or cybersecurity threat indicators obtained under section 703(a). commands to, specialized systems such as in- pursuant to this title may be used, retained, (4) CYBERSECURITY SERVICES.—The term dustrial and process control systems, tele- or disclosed by a Federal entity or non-Fed- ‘‘cybersecurity services’’ means products, phone switching and private branch ex- eral entity, except as authorized under this goods, or services intended to detect, miti- changes, and environmental control systems. title. gate, or prevent cybersecurity threats. (11) MALICIOUS CYBER COMMAND AND CON- (g) DECLASSIFICATION AND SHARING OF IN- (5) CYBERSECURITY THREAT.—The term ‘‘cy- TROL.—The term ‘‘malicious cyber command FORMATION.—Consistent with the exemptions bersecurity threat’’ means any action that and control’’ means a method for remote from public disclosure of section 704(d), the may result in unauthorized access to, identification of, access to, or use of, an in- Director of National Intelligence, in con- exfiltration of, manipulation of, harm of, or formation system or information that is sultation with the Secretary and the head of impairment to the integrity, confidentiality, stored on, processed by, or transiting an in- the Federal entity in possession of the infor- or availability of an information system or formation system associated with a known mation, shall facilitate the declassification information that is stored on, processed by, or suspected cybersecurity threat. and sharing of information in the possession or transiting an information system, except (12) MALICIOUS RECONNAISSANCE.—The term of a Federal entity that is related to cyberse- that none of the following shall be consid- ‘‘malicious reconnaissance’’ means a method curity threats, as the Director deems appro- ered a cybersecurity threat— for actively probing or passively monitoring priate. (A) actions protected by the first amend- an information system for the purpose of dis- (h) REPORT ON IMPLEMENTATION.—Not later ment to the Constitution of the United cerning technical vulnerabilities of the in- than 2 years after the date of the enactment States; and formation system, if such method is associ- of this title, the Secretary, the Director of (B) exceeding authorized access of an infor- ated with a known or suspected cybersecu- National Intelligence, the Attorney General, mation system, if such access solely involves rity threat. and the Secretary of Defense shall jointly a violation of consumer terms of service or (13) MONITOR.—The term ‘‘monitor’’ means submit to Congress a report that— consumer licensing agreements. the interception, acquisition, or collection of (1) describes the extent to which the au- (6) CYBERSECURITY THREAT INDICATOR.—The information that is stored on, processed by, thorities conferred by this title have enabled term ‘‘cybersecurity threat indicator’’ or transiting an information system for the the Federal Government and the private sec- means information— purpose of identifying cybersecurity threats. tor to mitigate cybersecurity threats; (A) that is reasonably necessary to de- (14) NON-FEDERAL ENTITY.—The term ‘‘non- (2) discloses any significant acts of non- scribe— Federal entity’’ means a private entity or a compliance by a non-Federal entity with this (i) malicious reconnaissance, including governmental entity other than a Federal title, with special emphasis on privacy and anomalous patterns of communications that entity. civil liberties, and any measures taken by reasonably appear to be transmitted for the (15) OPERATIONAL CONTROL.—The term the Federal Government to uncover such purpose of gathering technical information ‘‘operational control’’ means a security con- noncompliance; related to a cybersecurity threat; trol for an information system that pri- (3) describes in general terms the nature (ii) a method of defeating a technical con- marily is implemented and executed by peo- and quantity of information disclosed and re- trol; ple. ceived by governmental entities and private (iii) a technical vulnerability; (16) PRIVATE ENTITY.—The term ‘‘private entities under this title; and (iv) a method of defeating an operational entity’’ has the meaning given the term (4) identifies the emergence of new threats control; ‘‘person’’ in section 1 of title 1, United States or technologies that challenge the adequacy (v) a method of causing a user with legiti- Code, and does not include a governmental of the law, including the definitions, authori- mate access to an information system or in- entity. ties and requirements of this title, for keep- formation that is stored on, processed by, or (17) PROTECT.—The term ‘‘protect’’ means ing pace with the threat. transiting an information system to unwit- actions undertaken to secure, defend, or re- (i) REQUIREMENT FOR ANNUAL REPORT.—On tingly enable the defeat of a technical con- duce the vulnerabilities of an information an annual basis, the Director of National In- trol or an operational control; system, mitigate cybersecurity threats, or telligence shall provide a report to the Se- (vi) malicious cyber command and control; otherwise enhance information security or

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.040 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5782 CONGRESSIONAL RECORD — SENATE July 31, 2012 the resiliency of information systems or as- Guard in State status (commonly referred to by her to the bill S. 3414, to enhance sets. as ‘‘title 32 status’’) in support of the cyber- the security and resiliency of the cyber (18) TECHNICAL CONTROL.—The term ‘‘tech- security efforts of the Department of Home- nical control’’ means a hardware or software land Security, the Department of Defense, and communications infrastructure of restriction on, or audit of, access or use of an and other departments and agencies of the the United States, which was ordered information system or information that is Federal Government. to lie on the table; as follows: stored on, processed by, or transiting an in- (b) ELEMENTS.—The report required by sub- On page 23, strike line 18 and all that fol- formation system that is intended to ensure section (a) shall include the following: the confidentiality, integrity, or availability (1) A description of the current roles and lows through page 25, line 8. of that system. missions of the National Guard in State sta- tus in support of the cybersecurity efforts of (19) TECHNICAL VULNERABILITY.—The term SA 2710. Ms. CANTWELL submitted ‘‘technical vulnerability’’ means any at- the Federal Government, and a description tribute of hardware or software that could of the policies and authorities governing the an amendment intended to be proposed enable or facilitate the defeat of a technical discharge of such roles and missions. by her to the bill S. 3414, to enhance control. (2) A description of potential roles and mis- the security and resiliency of the cyber sions for the National Guard in State status (20) THIRD PARTY.—The term ‘‘third party’’ in support of the cybersecurity efforts of the and communications infrastructure of includes Federal entities and non-Federal the United States, which was ordered entities. Federal Government, a description of the policies and authorities to govern the dis- to lie on the table; as follows: SA 2704. Ms. CANTWELL submitted charge of such roles and missions, and rec- ommendations for such legislative or admin- On page 20, strike line 6 and all that fol- an amendment intended to be proposed lows through page 22, line 14, and insert the by her to the bill S. 3414, to enhance istrative actions as may be required to es- tablish and implement such roles and mis- following: the security and resiliency of the cyber sions. and communications infrastructure of date on which the top-level assessment is (3) An assessment of the feasability and ad- completed under section 102(a)(2)(A), each the United States; which was ordered visability of public-private partnerships on sector coordinating council shall propose to to lie on the table; as follows: homeland cybersecurity missions involving On page 10, strike lines 16 through 25 and the National Guard in State status, includ- the Council voluntary outcome-based cyber- insert the following: ing the advisability of using pilot programs security practices (referred to in this section as ‘‘cybersecurity practices’’) sufficient to and the member agencies; and to evaluate feasability and advisability of (2) ensure the timely implementation of such partnerships. effectively remediate or mitigate cyber risks (c) APPROPRIATE COMMITTEES OF CONGRESS decisions of the Council. identified through an assessment conducted DEFINED.—In this section, the term ‘‘appro- (d) PRESIDENTIAL AUTHORITY.—The Chair- under section 102(a) comprised of— person may take emergency action to fulfill priate committees of Congress’’ means— (1) industry best practices, standards, and the responsibilities of the Council if— (1) the Committee on Homeland Security guidelines; or (1) the Chairperson determines that the and Governmental Affairs and the Com- (2) practices developed by the sector co- emergency action is necessary to prevent or mittee on Armed Services of the Senate; and ordinating council in coordination with own- mitigate an imminent cybersecurity threat; (2) the Committee on Homeland Security ers and operators, voluntary consensus and and the Committee on Armed Services of the standards development organizations, rep- (2) the President approves the emergency House of Representatives. resentatives of State and local governments, action. SA 2707. Ms. CANTWELL submitted the private sector, and appropriate informa- an amendment intended to be proposed tion sharing and analysis organizations. SA 2705. Ms. CANTWELL submitted by her to the bill S. 3414, to enhance (b) REVIEW OF CYBERSECURITY PRACTICES.— an amendment intended to be proposed the security and resiliency of the cyber (1) IN GENERAL.—The Council shall, in con- by her to the bill S. 3414, to enhance and communications infrastructure of sultation with owners and operators, the the security and resiliency of the cyber the United States; which was ordered Critical Infrastructure Partnership Advisory and communications infrastructure of to lie on the table; as follows: Council, and appropriate information shar- the United States; which was ordered ing and analysis organizations, and in co- On page 34, strike lines 3 through 17 and in- to lie on the table; as follows: sert the following: ordination with appropriate representatives On page 153, strike lines 17 through 20 and (1) provide a Federal agency with addi- from State and local governments— insert the following: tional or greater authority for regulating (A) consult with relevant security experts Not later than 1 year after the date of en- the security of critical cyber infrastructure and institutions of higher education, includ- actment of this Act, the Secretary of En- than any authority the Federal agency has ing university information security centers, ergy, in consultation with the Secretary, the under other law; appropriate nongovernmental cybersecurity Secretary of Defense, the Director of Na- (2) limit or restrict the authority of the experts, and representatives from national tional Intelligence, the Director of the Na- Department, or any other Federal agency, laboratories; tional Institute of Standards and Tech- under any other provision of law; or (B) review relevant regulations or compul- nology, the Federal Energy Regulatory Com- (3) permit any owner (including a certified sory standards or guidelines; mission, and the Electric Reliability Organi- (C) review cybersecurity practices pro- zation (as defined in section 215(a) of the SA 2708. Ms. CANTWELL submitted posed under subsection (a); and Federal Power Act (16 U.S.C. 824o(a)) shall an amendment intended to be proposed (D) consider any amendments to the cyber- submit to Congress a report on— by her to the bill S. 3414, to enhance security practices and any additional cyber- security practices necessary to ensure ade- SA 2706. Mrs. MURRAY submitted an the security and resiliency of the cyber and communications infrastructure of quate remediation or mitigation of the cyber amendment intended to be proposed by risks identified through an assessment con- her to the bill S. 3414, to enhance the the United States; which was ordered to lie on the table; as follows: ducted under section 102(a). security and resiliency of the cyber and (2) ADOPTION.— On page 182, strike lines 7 through 16 and communications infrastructure of the (A) IN GENERAL.—Not later than 1 year insert the following: United States; which was ordered to lie (d) PROTECTION OF INFORMATION FROM DIS- after the date on which the top-level assess- on the table; as follows: CLOSURE.—A cybersecurity threat indicator ment is completed under section 102(a)(2)(A), On page 11, strike lines 12 and 13 and insert or any other information that was developed, the Council shall— the following: submitted, obtained, or shared in connection (i) adopt any cybersecurity practices pro- posed under subsection (a) that adequately as appropriate; with the implementation of this section shall be— remediate or mitigate identified cyber risks (7) the National Guard Bureau; and (1) exempt from disclosure under section and any associated consequences identified (8) the Department. through an assessment conducted under sec- At the end of title IV, add the following: 552(b)(3) of title 5, United States Code; (2) exempt from disclosure under any tion 102(a); and SEC. 416. REPORT ON ROLES AND MISSIONS OF (ii) adopt any amended or additional cyber- THE NATIONAL GUARD IN STATE State, local, or tribal law or regulation that STATUS IN SUPPORT OF THE CYBER- requires public disclosure of information or security practices necessary to ensure the SECURITY EFFORTS OF THE FED- records by a public or quasi-public entity; adequate remediation or mitigation of the ERAL GOVERNMENT. and cyber risks identified through an assessment (a) REPORT REQUIRED.—Not later than 180 (3) treated as voluntarily shared informa- conducted under section 102(a). days after the date of the enactment of this tion under section 552 of title 5, United (B) NO SUBMISSION BY SECTOR COORDINATING Act, the Secretary shall, in consultation States Code, or any comparable State, local, COUNCIL.—If a sector coordinating council with the Secretary of Defense and the Chief or tribal law or regulation. fails to propose to the Council cybersecurity of the National Guard Bureau, submit to the practices under subsection (a) within 180 appropriate committees of Congress a report SA 2709. Ms. CANTWELL submitted days of the date on which the top-level as- on the roles and missions of the National an amendment intended to be proposed sessment is completed under section

VerDate Mar 15 2010 04:55 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.040 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5783

102(a)(2)(A), not later than 1 year after the SEC. l02. PROTECTION AGAINST UNAUTHORIZED (3) AVOIDANCE OF DUPLICATION.—Where reg- date on which the top-level assessment is USE OF DRONES. ulations or compulsory standards regulate completed under section 102(a)(2)(A) the (a) IN GENERAL.—No drone may be de- the security of critical cyber infrastructure, Council shall adopt cybersecurity ployed or otherwise used by any officer, em- a cybersecurity practice shall, to the great- ployee, or contractor of the Federal Govern- est extent possible, complement or otherwise SA 2711. Ms. CANTWELL submitted ment or by a person or entity acting under improve the regulations or compulsory an amendment intended to be proposed the authority of, or funded in whole or in standards. part by, the Government of the United (h) INDEPENDENT REVIEW.— by her to the bill S. 3414, to enhance States, until the National Cybersecurity (1) IN GENERAL.—Each cybersecurity prac- the security and resiliency of the cyber Council or other person, division, or entity tice shall be publicly reviewed by the rel- and communications infrastructure of placed in charge of cybersecurity efforts in evant sector coordinating council and the the United States, which was ordered the United States certifies that any such Critical Infrastructure Partnership Advisory to lie on the table; as follows: drone is immune from a cyber attack or Council, which may include input from rel- other compromise of control, navigation, or evant institutions of higher education, in- On page 43, beginning on line 14, strike data. cluding university information security cen- ‘‘section 104(c)(1) and section 106’’ and insert (b) EMPLOYMENT OF CERTIFIED DRONES.— ters, national laboratories, and appropriate the following: ‘‘sections 104(c)(1), 106, and Except as provided in section l03, no officer, non-governmental cybersecurity experts. 704(d)’’. employee, or contractor of the Federal Gov- (2) CONSIDERATION BY COUNCIL.—The Coun- ernment or any person or entity acting cil shall consider any review conducted SA 2712. Ms. CANTWELL submitted under the authority of, or funded in whole or under paragraph (1). an amendment intended to be proposed in part by, the Government of the United (i) VOLUNTARY TECHNICAL ASSISTANCE.—At by her to the bill S. 3414, to enhance States shall use a drone to gather evidence the request of an owner or operator of crit- the security and resiliency of the cyber or other information pertaining to criminal ical infrastructure, the Council shall provide and communications infrastructure of conduct or conduct in violation of a statute guidance on the application of cybersecurity or regulation, except to the extent author- practices to the critical infrastructure. the United States, which was ordered SEC. 104. VOLUNTARY CYBERSECURITY PRO- to lie on the table; as follows: ized in a warrant that satisfies the require- ments of the Fourth Amendment to the Con- GRAM FOR CRITICAL INFRASTRUC- TURE. On page 41, strike line 5 and all that fol- stitution of the United States. (a) VOLUNTARY CYBERSECURITY PROGRAM lows through page 42, line 4, and insert the SEC. l03. EXCEPTIONS. following: FOR CRITICAL INFRASTRUCTURE.— This title does not prohibit any of the fol- (1) IN GENERAL.—Not later than 1 year after date on which the Council completes the lowing: the date of enactment of this Act, the Coun- adoption of cybersecurity practices under (1) PATROL OF BORDERS.—The use of a drone cil, in consultation with owners and opera- section 103(b)(2), and every year thereafter, certified under section l02(a) to patrol na- tors and the Critical Infrastructure Partner- the Council shall submit to the appropriate tional borders to prevent or deter illegal ship Advisory Council, shall establish the congressional committees a report on the ef- entry of any persons or illegal substances. Voluntary Cybersecurity Program for Crit- fectiveness of this title in reducing the risk (2) EXIGENT CIRCUMSTANCES.—The use of a ical Infrastructure in accordance with this of cyber attack to critical infrastructure. drone certified under section l02(a) by a law section. (b) CONTENTS.—Each report submitted enforcement party when exigent cir- (2) ELIGIBILITY.— under subsection (a) shall include— cumstances exist. For the purposes of this (A) IN GENERAL.—An owner of critical (1) a discussion of cyber risks and associ- paragraph, exigent circumstances exist when cyber infrastructure may apply for certifi- ated consequences and whether the cyberse- the law enforcement party possesses reason- cation under the Voluntary Cybersecurity curity practices developed under section 103 able suspicion that under particular cir- Program for Critical Infrastructure. are sufficient to effectively remediate and cumstances, swift action to prevent immi- (B) CRITERIA.—The Council shall establish mitigate cyber risks and associated con- nent danger to life is necessary. criteria for owners of critical infrastructure sequences; and (3) HIGH RISK.—The use of a drone certified that is not critical cyber infrastructure to be (2) an analysis of— under section l02(a) to counter a high risk eligible to apply for certification in the Vol- (A) whether owners of critical cyber infra- of a terrorist attack by a specific individual untary Cybersecurity Program for Critical structure are successfully implementing the or organization, when the Secretary of Infrastructure. cybersecurity practices adopted under sec- Homeland Security determines credible in- (3) APPLICATION FOR CERTIFICATION.—An tion 103; telligence indicates there is such a risk. owner of critical cyber infrastructure or an (B) whether the critical infrastructure of SEC. l04. REMEDIES FOR VIOLATION. owner of critical infrastructure that meets the United States is effectively secured from Any aggrieved party may in a civil action the criteria established under paragraph cybersecurity threats, vulnerabilities, and obtain all appropriate relief to prevent or (2)(B) that applies for certification under consequences; and remedy a violation of this title. this subsection shall— (C) whether additional legislative author- SEC. l05. PROHIBITION ON USE OF EVIDENCE. (A) select and implement cybersecurity ity No evidence obtained or collected in viola- measures of their choosing that satisfy the tion of this title may be admissible as evi- outcome-based cybersecurity practices es- SA 2713. Mr. PAUL submitted an dence in a criminal prosecution in any court tablished under section 103; and amendment intended to be proposed by of law in the United States. (B)(i) certify in writing and under penalty him to the bill S. 3414, to enhance the of perjury to the Council that the owner has security and resiliency of the cyber and SA 2714. Mr. PAUL submitted an developed and effectively implemented cy- communications infrastructure of the amendment intended to be proposed by bersecurity measures sufficient to satisfy him to the bill S. 3414, to enhance the the outcome-based cybersecurity practices United States, which was ordered to lie established under section 103; or on the table; as follows: security and resiliency of the cyber and communications infrastructure of the (ii) submit to the Council an assessment At the appropriate place, insert the fol- verifying that the owner has developed and lowing: United States; which was ordered to lie effectively implemented cybersecurity meas- on the table; as follows: ures sufficient to satisfy the outcome-based TITLE ll—CYBER ATTACKS INVOLVING On page 23, strike line 19 and all that fol- cybersecurity practices established under DRONES lows through page 34, line 19, and insert the section 103. SEC. l01. DEFINITIONS. following: (4) CERTIFICATION.—Upon receipt of a self- In this title— (1) RULE OF CONSTRUCTION.—Nothing in this certification under paragraph (3)(B)(i) or an (1) the term ‘‘drone’’ means any aerial ve- section shall be construed to provide a Fed- assessment under paragraph (3)(B)(ii) the hicle that— eral agency that has authority for regulating Council shall certify an owner. (A) does not carry a human operator; the security of critical cyber infrastructure (5) NONPERFORMANCE.—If the Council deter- (B) uses aerodynamic or aerostatic forces any authority in addition to or to a greater mines that a certified owner is not in com- to provide vehicle lift; extent than the authority the Federal agen- pliance with the cybersecurity practices es- (C) can fly autonomously or be piloted re- cy has under other law. tablished under section 103, the Council motely; (2) AVOIDANCE OF CONFLICT.—No cybersecu- shall— (D) can be expendable or recoverable; and rity practice shall— (A) notify the certified owner of such de- (E) can carry a lethal or nonlethal payload; (A) prevent an owner (including a certified termination; and and owner) from complying with any law or regu- (B) work with the certified owner to reme- (2) the term ‘‘law enforcement party’’ lation; or diate promptly any deficiencies. means a person or entity authorized by law, (B) require an owner (including a certified (6) REVOCATION.—If a certified owner fails or funded, in whole or in part, by the Govern- owner) to implement cybersecurity measures to remediate promptly any deficiencies iden- ment of the United States, to investigate or that prevent the owner from complying with tified by the Council, the Council shall re- prosecute offenses against the United States. any law or regulation. voke the certification of the certified owner.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.042 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5784 CONGRESSIONAL RECORD — SENATE July 31, 2012

(7) REDRESS.— informed of relevant real-time cyber threat (h) NO LIMITATION ON CONTRACTUAL LIABIL- (A) IN GENERAL.—If the Council revokes a information. ITY.—No limitation on liability or good faith certification under paragraph (6), the Coun- (5) PUBLIC RECOGNITION.—With the approval defense provided under this section shall cil shall— of a certified owner, the Council may pub- apply to any civil claim against a private en- (i) notify the owner of such revocation; and licly recognize the certified owner if the tity arising under contract law. (ii) provide the owner with specific cyber- Council determines such recognition does security measures that, if implemented, not pose a risk to the security of critical SA 2716. Mr. LEE submitted an would remediate any deficiencies. cyber infrastructure. amendment intended to be proposed by (B) RECERTIFICATION.—If the Council deter- (6) STUDY TO EXAMINE BENEFITS OF PRO- him to the bill S. 3414, to enhance the mines that an owner has remedied any defi- CUREMENT PREFERENCE.— security and resiliency of the cyber and ciencies and is in compliance with the cyber- (A) IN GENERAL.—The Federal Acquisition security practices, the Council may recertify Regulatory Council, in coordination with the communications infrastructure of the the owner. Council and with input from relevant private United States; which was ordered to lie (b) ASSESSMENTS.— sector individuals and entities, shall conduct on the table; as follows: (1) THIRD-PARTY ASSESSMENTS.—The Coun- a study examining the potential benefits of At the appropriate place, insert the fol- cil, in consultation with owners and opera- establishing a procurement preference for lowing: tors and the Critical Infrastructure Protec- the Federal Government for certified owners. SEC. lll. DISTRICT OF COLUMBIA PAIN-CAPA- tion Advisory Council, shall enter into (B) AREAS.—The study under subparagraph BLE UNBORN CHILD PROTECTION agreements with qualified third-party pri- (A) shall include a review of— ACT. vate entities, to conduct assessments that (i) potential persons and related property (a) SHORT TITLE.—This section may be use reliable, repeatable, performance-based and services that could be eligible for pref- cited as the ‘‘District of Columbia Pain-Ca- evaluations and metrics to assess whether an erential consideration in the procurement pable Unborn Child Protection Act’’. owner certified under subsection (a)(3)(B)(ii) process; (b) LEGISLATIVE FINDINGS.—Congress finds is in compliance with all applicable cyberse- (ii) development and management of an ap- and declares the following: curity practices. proved list of categories of property and (1) Pain receptors (nociceptors) are present (2) TRAINING.—The Council shall ensure services that could be eligible for pref- throughout the unborn child’s entire body that third party assessors described in para- erential consideration in the procurement and nerves link these receptors to the brain’s graph (1) undergo regular training and ac- process; thalamus and subcortical plate by no later creditation. (iii) appropriate mechanisms to implement than 20 weeks after fertilization. (3) OTHER ASSESSMENTS.—Using the proce- preferential consideration in the procure- (2) By 8 weeks after fertilization, the un- dures developed under this section, the Coun- ment process, including— born child reacts to touch. After 20 weeks, cil may perform cybersecurity assessments (I) establishing a policy encouraging Fed- the unborn child reacts to stimuli that of a certified owner based on actual knowl- eral agencies to conduct market research would be recognized as painful if applied to edge or a reasonable suspicion that the cer- and industry outreach to identify property an adult human, for example, by recoiling. tified owner is not in compliance with the and services that adhere to relevant cyberse- (3) In the unborn child, application of such cybersecurity practices or any other risk- curity practices; painful stimuli is associated with significant based factors as identified by the Council. (II) authorizing the use of a mark for the increases in stress hormones known as the (4) NOTIFICATION.—The Council shall pro- Voluntary Cybersecurity Program for Crit- stress response. vide copies of any assessments by the Fed- ical Infrastructure to be used for marketing (4) Subjection to such painful stimuli is as- eral Government to the certified owner. property or services to the Federal Govern- sociated with long-term harmful (5) ACCESS TO INFORMATION.— ment; neurodevelopmental effects, such as altered (A) IN GENERAL.—For the purposes of an as- (III) establishing a policy of encouraging pain sensitivity and, possibly, emotional, be- sessment conducted under this subsection, a procurement of certain property and services havioral, and learning disabilities later in certified owner shall provide the Council, or from an approved list; life. a third party assessor, any reasonable access (IV) authorizing the use of a preference by (5) For the purposes of surgery on unborn necessary to complete an assessment. Federal agencies in the evaluation process; children, fetal anesthesia is routinely admin- (B) PROTECTION OF INFORMATION.—Informa- and istered and is associated with a decrease in tion provided to the Council, the Council’s (V) authorizing a requirement in certain stress hormones compared to their level designee, or any assessor during the course solicitations that the person providing the when painful stimuli are applied without of an assessment under this section shall be property or services be a certified owner; and such anesthesia. protected from disclosure in accordance with (iv) benefits of and impact on the economy (6) The position, asserted by some medical section 106. and efficiency of the Federal procurement experts, that the unborn child is incapable of (c) BENEFITS OF CERTIFICATION.— system, if preferential consideration were experiencing pain until a point later in preg- (1) LIMITATIONS ON CIVIL LIABILITY.— given in the procurement process to encour- nancy than 20 weeks after fertilization pre- (A) IN GENERAL.—In any civil action for age the procurement of property and services dominately rests on the assumption that the damages directly caused by an incident re- that adhere to relevant baseline performance ability to experience pain depends on the lated to a cyber risk identified through an goals establishing under the Voluntary Cy- cerebral cortex and requires nerve connec- assessment conducted under section 102(a), a bersecurity Program for Critical Infrastruc- tions between the thalamus and the cortex. certified owner shall not be liable for any pu- ture. However, recent medical research and anal- nitive damages intended to punish or deter if SEC. 105. RULES OF CONSTRUCTION. ysis, especially since 2007, provides strong the certified owner is in substantial compli- Nothing in this title shall be construed evidence for the conclusion that a func- ance with the appropriate cybersecurity to— tioning cortex is not necessary to experience practices at the time of the incident related (1) provide additional authority for any pain. to that cyber risk. sector-specific agency or any Federal agency (7) Substantial evidence indicates that (B) LIMITATION.—Subaragraph (A) shall that is not a sector-specific agency with re- children born missing the bulk of the cere- only apply to harm directly caused by the in- sponsibilities for regulating the security of bral cortex, those with hydranencephaly, cident related to the cyber risk and shall not critical infrastructure to establish standards nevertheless experience pain. apply to damages caused by any additional or other cybersecurity measures that are ap- (8) In adult humans and in animals, stimu- or intervening acts or omissions by the plicable to the security of critical infrastruc- lation or ablation of the cerebral cortex does owner. ture not otherwise authorized by law; not alter pain perception, while stimulation (2) EXPEDITED SECURITY CLEARANCE PROC- (2) limit or restrict the authority of the or ablation of the thalamus does. ESS.—The Council, in coordination with the Department, or any other Federal agency, (9) Substantial evidence indicates that Office of the Director of National Intel- under any other provision of law; or structures used for pain processing in early ligence, shall establish a procedure to expe- (3) permit any owner (including a certified development differ from those of adults, dite the provision of security clearances to owner) to fail to comply with any other law using different neural elements available at appropriate personnel employed by a cer- or regulation, unless specifically authorized. specific times during development, such as tified owner. the subcortical plate, to fulfill the role of (3) PRIORITIZED TECHNICAL ASSISTANCE.— SA 2715. Mr. PAUL submitted an pain processing. The Council shall ensure that certified own- amendment intended to be proposed by (10) The position, asserted by some com- ers are eligible to receive prioritized tech- him to the bill S. 3414, to enhance the mentators, that the unborn child remains in nical assistance. security and resiliency of the cyber and a coma-like sleep state that precludes the (4) PROVISION OF CYBER THREAT INFORMA- communications infrastructure of the unborn child experiencing pain is incon- TION.—The Council shall develop, in coordi- sistent with the documented reaction of un- nation with certified owners, a procedure for United States; which was ordered to lie born children to painful stimuli and with the ensuring that certified owners are, to the on the table; as follows: experience of fetal surgeons who have found maximum extent practicable and consistent On page 199, between lines 12 and 13, insert it necessary to sedate the unborn child with with the protection of sources and methods, the following: anesthesia to prevent the unborn child from

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.043 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5785

engaging in vigorous movement in reaction ception provided by subparagraph (B) may do ‘‘(1) IN GENERAL.—Except to the extent the to invasive surgery. so only in the manner which, in reasonable Constitution or other similarly compelling (11) Consequently, there is substantial medical judgment, provides the best oppor- reason requires, in every civil or criminal ac- medical evidence that an unborn child is ca- tunity for the unborn child to survive, un- tion under this section, the court shall make pable of experiencing pain at least by 20 less, in reasonable medical judgment, termi- such orders as are necessary to protect the weeks after fertilization, if not earlier. nation of the pregnancy in that manner anonymity of any woman upon whom an (12) It is the purpose of the Congress to as- would pose a greater risk of— abortion has been performed or attempted if sert a compelling governmental interest in ‘‘(i) the death of the pregnant woman; or she does not give her written consent to such protecting the lives of unborn children from ‘‘(ii) the substantial and irreversible phys- disclosure. Such orders may be made upon the stage at which substantial medical evi- ical impairment of a major bodily function, motion, but shall be made sua sponte if not dence indicates that they are capable of feel- not including psychological or emotional otherwise sought by a party. ing pain. conditions, of the pregnant woman; ‘‘(2) ORDERS TO PARTIES, WITNESSES, AND (13) The compelling governmental interest than would other available methods. COUNSEL.—The court shall issue appropriate in protecting the lives of unborn children ‘‘(c) CRIMINAL PENALTY.—Whoever violates orders under paragraph (1) to the parties, from the stage at which substantial medical subsection (a) shall be fined under this title witnesses, and counsel and shall direct the evidence indicates that they are capable of or imprisoned for not more than 2 years, or sealing of the record and exclusion of indi- feeling pain is intended to be separate from both. viduals from courtrooms or hearing rooms to and independent of the compelling govern- ‘‘(d) BAR TO PROSECUTION.—A woman upon the extent necessary to safeguard her iden- mental interest in protecting the lives of un- whom an abortion in violation of subsection tity from public disclosure. Each such order born children from the stage of viability, and (a) is performed or attempted may not be shall be accompanied by specific written neither governmental interest is intended to prosecuted under, or for a conspiracy to vio- findings explaining why the anonymity of replace the other. late, subsection (a), or for an offense under the woman must be preserved from public (14) The District Council of the District of section 2, 3, or 4 based on such a violation. disclosure, why the order is essential to that Columbia, operating under authority dele- ‘‘(e) CIVIL REMEDIES.— end, how the order is narrowly tailored to gated by Congress, repealed all limitations ‘‘(1) CIVIL ACTION BY WOMAN ON WHOM THE serve that interest, and why no reasonable on abortion at any stage of pregnancy, effec- ABORTION IS PERFORMED.—A woman upon less restrictive alternative exists. tive April 29, 2004. whom an abortion has been performed or at- ‘‘(3) PSEUDONYM REQUIRED.—In the absence (15) Article I, section 8 of the Constitution tempted in violation of subsection (a), may of written consent of the woman upon whom of the United States of America provides in a civil action against any person who en- an abortion has been performed or at- that the Congress shall ‘‘exercise exclusive gaged in the violation obtain appropriate re- tempted, any party, other than a public offi- Legislation in all Cases whatsoever’’ over lief. cial, who brings an action under paragraphs the District established as the seat of gov- ‘‘(2) CIVIL ACTION BY RELATIVES.—The fa- (1), (2), or (4) of subsection (e) shall do so ernment of the United States, now known as ther of an unborn child who is the subject of under a pseudonym. the District of Columbia. The constitutional an abortion performed or attempted in viola- ‘‘(4) LIMITATION.—This subsection shall not responsibility for the protection of pain-ca- tion of subsection (a), or a maternal grand- be construed to conceal the identity of the pable unborn children within the Federal parent of the unborn child if the pregnant plaintiff or of witnesses from the defendant District resides with the Congress. woman is an unemancipated minor, may in a or from attorneys for the defendant. (c) DISTRICT OF COLUMBIA PAIN-CAPABLE civil action against any person who engaged ‘‘(g) REPORTING.— UNBORN CHILD PROTECTION.— in the violation, obtain appropriate relief, ‘‘(1) DUTY TO REPORT.—Any physician who (1) IN GENERAL.—Chapter 74 of title 18, unless the pregnancy resulted from the performs or attempts an abortion within the United States Code, is amended by inserting plaintiff’s criminal conduct or the plaintiff District of Columbia shall report that abor- after section 1531 the following: consented to the abortion. tion to the relevant District of Columbia ‘‘§ 1532. District of Columbia pain-capable un- ‘‘(3) APPROPRIATE RELIEF.—Appropriate re- health agency (hereinafter in this section re- born child protection lief in a civil action under this subsection in- ferred to as the ‘health agency’) on a sched- ‘‘(a) UNLAWFUL CONDUCT.—Notwith- cludes— ule and in accordance with forms and regula- standing any other provision of law, includ- ‘‘(A) objectively verifiable money damages tions prescribed by the health agency. ing any legislation of the District of Colum- for all injuries, psychological and physical, ‘‘(2) CONTENTS OF REPORT.—The report bia under authority delegated by Congress, it occasioned by the violation of this section; shall include the following: shall be unlawful for any person to perform ‘‘(B) statutory damages equal to three ‘‘(A) POST-FERTILIZATION AGE.—For the de- an abortion within the District of Columbia, times the cost of the abortion; and termination of probable postfertilization age or attempt to do so, unless in conformity ‘‘(C) punitive damages. of the unborn child, whether ultrasound was with the requirements set forth in sub- ‘‘(4) INJUNCTIVE RELIEF.— employed in making the determination, and section (b). ‘‘(A) IN GENERAL.—A qualified plaintiff the week of probable post-fertilization age ‘‘(b) REQUIREMENTS FOR ABORTIONS.— may in a civil action obtain injunctive relief that was determined. ‘‘(1) The physician performing or attempt- to prevent an abortion provider from per- ‘‘(B) METHOD OF ABORTION.—Which of the ing the abortion shall first make a deter- forming or attempting further abortions in following methods or combination of meth- mination of the probable post-fertilization violation of this section. ods was employed: age of the unborn child or reasonably rely ‘‘(B) DEFINITION.—In this paragraph the ‘‘(i) Dilation, dismemberment, and evacu- upon such a determination made by another term ‘qualified plaintiff’ means— ation of fetal parts also known as ‘dilation physician. In making such a determination, ‘‘(i) a woman upon whom an abortion is and evacuation’. the physician shall make such inquiries of performed or attempted in violation of this ‘‘(ii) Intra-amniotic instillation of saline, the pregnant woman and perform or cause to section; urea, or other substance (specify substance) be performed such medical examinations and ‘‘(ii) any person who is the spouse, parent, to kill the unborn child, followed by induc- tests as a reasonably prudent physician, sibling or guardian of, or a current or former tion of labor. knowledgeable about the case and the med- licensed health care provider of, that woman; ‘‘(iii) Intracardiac or other intra-fetal in- ical conditions involved, would consider nec- or jection of digoxin, potassium chloride, or essary to make an accurate determination of ‘‘(iii) the United States Attorney for the other substance (specify substance) intended post-fertilization age. District of Columbia. to kill the unborn child, followed by induc- ‘‘(2)(A) Except as provided in subparagraph ‘‘(5) ATTORNEYS FEES FOR PLAINTIFF.—The tion of labor. (B), the abortion shall not be performed or court shall award a reasonable attorney’s fee ‘‘(iv) Partial-birth abortion, as defined in attempted, if the probable post-fertilization as part of the costs to a prevailing plaintiff section 1531. age, as determined under paragraph (1), of in a civil action under this subsection. ‘‘(v) Manual vacuum aspiration without the unborn child is 20 weeks or greater. ‘‘(6) ATTORNEYS FEES FOR DEFENDANT.—If a other methods. ‘‘(B) Subject to subparagraph (C), subpara- defendant in a civil action under this section ‘‘(vi) Electrical vacuum aspiration without graph (A) does not apply if, in reasonable prevails and the court finds that the plain- other methods. medical judgment, the abortion is necessary tiff’s suit was frivolous and brought in bad ‘‘(vii) Abortion induced by use of to save the life of a pregnant woman whose faith, the court shall also render judgment mifepristone in combination with life is endangered by a physical disorder, for a reasonable attorney’s fee in favor of the misoprostol; or physical illness, or physical injury, including defendant against the plaintiff. ‘‘(viii) if none of the methods described in a life-endangering physical condition caused ‘‘(7) AWARDS AGAINST WOMAN.—Except the other clauses of this subparagraph was by or arising from the pregnancy itself, but under paragraph (6), in a civil action under employed, whatever method was employed. not including psychological or emotional this subsection, no damages, attorney’s fee ‘‘(C) AGE OF WOMAN.—The age or approxi- conditions or any claim or diagnosis that the or other monetary relief may be assessed mate age of the pregnant woman. woman will engage in conduct which she in- against the woman upon whom the abortion ‘‘(D) COMPLIANCE WITH REQUIREMENTS FOR tends to result in her death. was performed or attempted. EXCEPTION.—The facts relied upon and the ‘‘(C) A physician terminating or attempt- ‘‘(f) PROTECTION OF PRIVACY IN COURT PRO- basis for any determinations required to es- ing to terminate a pregnancy under the ex- CEEDINGS.— tablish compliance with the requirements

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.044 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5786 CONGRESSIONAL RECORD — SENATE July 31, 2012 for the exception provided by subsection serve the life or health of the child after live by her to the bill S. 3414, to enhance (b)(2). birth, or to remove a dead unborn child who the security and resiliency of the cyber ‘‘(3) EXCLUSIONS FROM REPORTS.— died as the result of natural causes in utero, and communications infrastructure of ‘‘(A) A report required under this sub- accidental trauma, or a criminal assault on the United States; which was ordered section shall not contain the name or the ad- the pregnant woman or her unborn child, and to lie on the table; as follows: dress of the woman whose pregnancy was which causes the premature termination of terminated, nor shall the report contain any the pregnancy. On page 121, beginning on line 16, strike other information identifying the woman. ‘‘(2) ATTEMPT AN ABORTION.—The term ‘at- ‘‘summer enrichment programs, to be pro- ‘‘(B) Such report shall contain a unique tempt’, with respect to an abortion, means vided by nonprofit organizations, in math, Medical Record Number, to enable matching conduct that, under the circumstances as the computer programming’’ and insert ‘‘sum- the report to the woman’s medical records. actor believes them to be, constitutes a sub- mer enrichment programs and programs of- fered before or after normal school hours, to ‘‘(C) Such reports shall be maintained in stantial step in a course of conduct planned be provided by nonprofit organizations, in strict confidence by the health agency, shall to culminate in performing an abortion in math, computer science, computer program- not be available for public inspection, and the District of Columbia. shall not be made available except— ming’’. ‘‘(3) FERTILIZATION.—The term ‘fertiliza- On page 125, line 12, insert ‘‘, such as men- ‘‘(i) to the United States Attorney for the tion’ means the fusion of human tors from private sector entities’’ after ‘‘ap- District of Columbia or that Attorney’s dele- spermatozoon with a human ovum. propriate’’. gate for a criminal investigation or a civil ‘‘(4) HEALTH AGENCY.—The term ‘health investigation of conduct that may violate agency’ means the Department of Health of SA 2718. Mrs. SHAHEEN submitted this section; or the District of Columbia or any successor an amendment intended to be proposed ‘‘(ii) pursuant to court order in an action agency responsible for the regulation of med- under subsection (e). by her to the bill S. 3414, to enhance ical practice. the security and resiliency of the cyber ‘‘(4) PUBLIC REPORT.—Not later than June ‘‘(5) PERFORM.—The term ‘perform’, with 30 of each year beginning after the date of respect to an abortion, includes induce an and communications infrastructure of enactment of this paragraph, the health abortion through a medical or chemical the United States; which was ordered agency shall issue a public report providing intervention including writing a prescription to lie on the table; as follows: statistics for the previous calendar year for a drug or device intended to result in an At the end of title VI, add the following: compiled from all of the reports made to the abortion. SEC. 606. COOPERATION WITH NATO ON CYBER health agency under this subsection for that ‘‘(6) PHYSICIAN.—The term ‘physician’ DEFENSE. year for each of the items listed in paragraph means a person licensed to practice medicine (a) FINDINGS.—Congress makes the fol- (2). The report shall also provide the statis- and surgery or osteopathic medicine and sur- lowing findings: tics for all previous calendar years during gery, or otherwise licensed to legally per- (1) The November 2010 NATO Lisbon Sum- which this section was in effect, adjusted to form an abortion. mit Declaration asserts, ‘‘Cyber threats are reflect any additional information from late ‘‘(7) POST-FERTILIZATION AGE.—The term rapidly increasing and evolving in sophis- or corrected reports. The health agency shall ‘post-fertilization age’ means the age of the tication. In order to ensure NATO’s perma- take care to ensure that none of the informa- unborn child as calculated from the fusion of nent and unfettered access to cyberspace and tion included in the public reports could rea- a human spermatozoon with a human ovum. integrity of its critical systems, we will take sonably lead to the identification of any ‘‘(8) PROBABLE POST-FERTILIZATION AGE OF into account the cyber dimension of modern pregnant woman upon whom an abortion was THE UNBORN CHILD.—The term ‘probable post- conflicts in NATO’s doctrine and improve its performed or attempted. fertilization age of the unborn child’ means capabilities to detect, assess, prevent, defend ‘‘(5) FAILURE TO SUBMIT REPORT.— what, in reasonable medical judgment, will and recover in case of a cyber-attack against ‘‘(A) LATE FEE.—Any physician who fails to with reasonable probability be the systems of critical importance to the Alli- submit a report not later than 30 days after postfertilization age of the unborn child at ance.’’ the date that report is due shall be subject to the time the abortion is planned to be per- (2) In an April 2012 speech, Secretary of a late fee of $1,000 for each additional 30-day formed or induced. State Hillary Clinton stated, ‘‘There is a period or portion of a 30-day period the re- steady drumbeat of [cyber] attacks on gov- port is overdue. ‘‘(9) REASONABLE MEDICAL JUDGMENT.—The term ‘reasonable medical judgment’ means a ernments, on businesses, on all kinds of net- ‘‘(B) COURT ORDER TO COMPLY.—A court of medical judgment that would be made by a works every single day. And we have to be in competent jurisdiction may, in a civil action a position to protect ourselves and, under commenced by the health agency, direct any reasonably prudent physician, knowledge- able about the case and the treatment possi- Article 5, protect our NATO partners. There physician whose report under this subsection have been some rather significant attacks on is still not filed as required, or is incomplete, bilities with respect to the medical condi- tions involved. NATO partners over the last several years more than 180 days after the date the report that have caused consternation because of ‘‘(10) UNBORN CHILD.—The term ‘unborn was due, to comply with the requirements of the damage done to classified information, this section under penalty of civil contempt. child’ means an individual organism of the species homo sapiens, beginning at fertiliza- and so therefore we are in the process of ‘‘(C) DISCIPLINARY ACTION.—Intentional or tion, until the point of being born alive as working toward a joint capability.’’ reckless failure by any physician to comply (b) SENSE OF CONGRESS.—It is the sense of defined in section 8(b) of title 1. with any requirement of this subsection, Congress that it is in the interest of the ‘‘(11) UNEMANCIPATED MINOR.—The term other than late filing of a report, constitutes United States to continue to work with ‘unemancipated minor’ means a minor who sufficient cause for any disciplinary sanction NATO members, partners, and allies to de- which the Health Professional Licensing Ad- is subject to the control, authority, and su- velop the necessary cyber capabilities, in- ministration of the District of Columbia de- pervision of a parent or guardian, as deter- cluding prevention, detection, recovery, and termines is appropriate, including suspen- mined under the law of the State in which response, to deter aggression and prevent co- sion or revocation of any license granted by the minor resides. ercion through the cyber domain. the Administration. ‘‘(12) WOMAN.—The term ‘woman’ means a (c) CONGRESSIONAL BRIEFING.— female human being whether or not she has ‘‘(6) FORMS AND REGULATIONS.—Not later (1) IN GENERAL.—Not later than 180 days than 90 days after the date of the enactment reached the age of majority.’’. after the date of the enactment of this Act, of this section, the health agency shall pre- (2) CLERICAL AMENDMENT.—The table of the Secretary of State, after consultation scribe forms and regulations to assist in sections at the beginning of chapter 74 of with the heads of relevant Federal agencies, compliance with this subsection. title 18, United States Code, is amended by shall brief Congress on— adding at the end the following new item: ‘‘(7) EFFECTIVE DATE OF REQUIREMENT.— (A) the ability of NATO to detect, assess, Paragraph (1) of this subsection takes effect ‘‘1532. District of Columbia pain-capable un- prevent, defend, and recover from cyber at- with respect to all abortions performed on born child protection.’’. tacks to its critical systems, networks, and and after the first day of the first calendar (3) CHAPTER HEADING AMENDMENTS.— other combat equipment; month beginning after the effective date of (A) CHAPTER HEADING IN CHAPTER.—The (B) implementation of the NATO Policy on such forms and regulations. chapter heading for chapter 74 of title 18, Cyber Defense; ‘‘(h) DEFINITIONS.—In this section the fol- United States Code, is amended by striking (C) development of NATO’s Computer Inci- lowing definitions apply: ‘‘PARTIAL BIRTH ABORTIONS’’ and insert- dent Response Capability; ‘‘(1) ABORTION.—The term ‘abortion’ means ing ‘‘ABORTIONS’’. (D) development and contributions of the use or prescription of any instrument, (B) TABLE OF CHAPTERS FOR PART I.—The NATO’s Cooperative Cyber Defense Center of medicine, drug, or any other substance or de- item relating to chapter 74 in the table of Excellence; and vice— chapters at the beginning of part I of title 18, (E) NATO cooperation with other inter- ‘‘(A) to intentionally kill the unborn child United States Code, is amended by striking national organizations, including the Euro- of a woman known to be pregnant; or ‘‘PARTIAL BIRTH ABORTIONS’’ and insert- pean Union, the Council of Europe, the ‘‘(B) to otherwise intentionally terminate ing ‘‘ABORTIONS’’. United Nations, and the Organization for the the pregnancy of a woman known to be preg- Security and Co-operation in Europe. nant with an intention other than to in- SA 2717. Mrs. SHAHEEN submitted (2) CONTRIBUTIONS FROM RELEVANT FEDERAL crease the probability of a live birth, to pre- an amendment intended to be proposed AGENCIES.—Not later than 30 days before the

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.044 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5787 date on which the briefing is to be provided tempted to be committed for the benefit of a into a contract or any other agreement under paragraph (1), the Secretary of State, foreign government, foreign instrumen- under which an individual or entity that is in coordination with the Secretary of De- tality, or foreign agent; not an employee of the Federal Government fense, shall consult with and obtain informa- (3) ensure the Federal sentencing guide- performs an inherently governmental func- tion relevant to the briefing from the head of lines and policy statements reflect the seri- tion.’’. each relevant Federal agency. ousness of these offenses and the need to (3) PERIODIC UPDATES.—The Secretary of deter such conduct; SA 2722. Mrs. MCCASKILL submitted State shall provide periodic briefings to Con- (4) ensure reasonable consistency with an amendment intended to be proposed gress to highlight significant developments other relevant directives, Federal sentencing by her to the bill S. 3414, to enhance relating to the issues described in paragraph guidelines and policy statements, and re- the security and resiliency of the cyber (1). lated Federal statutes; and communications infrastructure of (5) make any necessary conforming the United States; which was ordered SA 2719. Mr. KOHL (for himself, Mr. changes to the Federal sentencing guidelines WHITEHOUSE, and Mr. COONS) submitted and policy statements; and to lie on the table; as follows: an amendment intended to be proposed (6) ensure that the Federal sentencing On page 137, strike line 6 and all that fol- by him to the bill S. 3414, to enhance guidelines adequately meet the purposes of lows through page 139, line 15, and insert the following: the security and resiliency of the cyber sentencing as set forth in section 3553(a)(2) of SEC. 408. RECRUITMENT AND RETENTION PRO- and communications infrastructure of title 18, United States Code. (c) CONSULTATION.—In carrying out the re- GRAM FOR THE NATIONAL CENTER the United States; which was ordered view required under this section, the Com- FOR CYBERSECURITY AND COMMU- to lie on the table; as follows: mission shall consult with individuals or NICATIONS. At the end, add the following: groups representing law enforcement, owners (a) IN GENERAL.—Subtitle E of title II of of trade secrets, victims of economic espio- the Homeland Security Act of 2002, as added TITLE l—ECONOMIC ESPIONAGE by section 204, is amended by adding at the PENALTY ENHANCEMENT nage offenses, the Department of Justice, the Department of State, the Department of end the following: SEC. l01. SHORT TITLE. ‘‘SEC. 245. RECRUITMENT AND RETENTION PRO- This title may be cited as the ‘‘Economic Homeland Security, and the Office of the United States Trade Representative. GRAM FOR THE NATIONAL CENTER Espionage Penalty Enhancement Act of FOR CYBERSECURITY AND COMMU- (d) REVIEW.—Not later than 180 days after 2012’’. NICATIONS. the date of enactment of this title, the Com- SEC. l02. PROTECTING U.S. BUSINESSES FROM mission shall complete its consideration and FOREIGN ESPIONAGE. review under this section. SA 2723. Mr. PRYOR submitted an (a) FOR OFFENSES COMMITTED BY INDIVID- amendment intended to be proposed by UALS.—Section 1831(a) of title 18, United SA 2720. Mrs. McCASKILL submitted him to the bill S. 3414, to enhance the States Code, is amended in the matter fol- security and resiliency of the cyber and lowing paragraph (5)— an amendment intended to be proposed (1) by striking ‘‘15 years’’ and inserting ‘‘20 by her to the bill S. 3414, to enhance communications infrastructure of the years’’; and the security and resiliency of the cyber United States; which was ordered to lie (2) by striking ‘‘not more than $500,000’’ and communications infrastructure of on the table; as follows: and inserting ‘‘not more than $5,000,000’’. the United States; which was ordered At the end of title IV, add the following: (b) FOR OFFENSES COMMITTED BY ORGANIZA- to lie on the table; as follows: SEC. 416. GAO STUDY AND REPORT ON SMALL TIONS.—Section 1831(b) of title 18, United On page 106, line 15, insert ‘‘, the Director BUSINESS CYBERSECURITY ISSUES. States Code, is amended by striking ‘‘not of the Office of Management and Budget,’’ (a) STUDY.—The Comptroller General of more than $10,000,000’’ and inserting ‘‘not after ‘‘the Secretary’’. the United States shall conduct a study iden- more than the greater of $10,000,000 or 3 On page 110, line 8, strike ‘‘to the extent tifying— times the value of the stolen trade secret to practicable,’’. (1) small business cybersecurity concerns; the organization, including expenses for re- On page 115, line 22, strike ‘‘, to the extent (2) existing efforts by Federal agencies search and design and other costs of repro- practicable,’’. having responsibility to assist small busi- ducing the trade secret that the organization nesses with cybersecurity issues (including has thereby avoided’’. SA 2721. Mrs. McCASKILL submitted the Department of Homeland Security, the SEC. l03. REVIEW BY THE UNITED STATES SEN- an amendment intended to be proposed Federal Trade Commission, the Small Busi- TENCING COMMISSION. by her to the bill S. 3414, to enhance ness Administration, and the National Insti- (a) IN GENERAL.—Pursuant to its authority the security and resiliency of the cyber tute of Standards and Technology) to raise under section 994(p) of title 28, United States small business awareness of cybersecurity Code, the United States Sentencing Commis- and communications infrastructure of issues; and sion shall review and, if appropriate, amend the United States; which was ordered (3) ways the Federal agencies described in the Federal sentencing guidelines and policy to lie on the table; as follows: paragraph (2) plan to improve small business statements applicable to persons convicted At the appropriate place, insert the fol- awareness of and preparedness for cybersecu- of offenses relating to the transmission or lowing: rity issues. attempted transmission of a stolen trade se- SEC. lll. PERFORMANCE OF CYBERSECURITY (b) REPORT.—Not later than 18 months cret outside of the United States or eco- AUTHORITIES BY GOVERNMENT EM- after the date of enactment of this Act, the nomic espionage, in order to reflect the in- PLOYEES. Comptroller General shall submit to Con- tent of Congress that penalties for such of- (a) CYBERSECURITY FUNCTIONS.—Section gress a report containing— fenses under the Federal sentencing guide- 5(2) of the Federal Activities Inventory Re- (1) the results of the study conducted lines and policy statements appropriately re- form Act of 1998 (Public Law 105–270; 31 under subsection (a); and flect the seriousness of these offenses, ac- U.S.C. 501 note) is amended— (2) recommendations, if any, based on the count for the potential and actual harm (1) by redesignating subparagraph (C) as results of the study conducted under sub- caused by these offenses, and provide ade- subparagraph (D); and section (a). quate deterrence against such offenses. (2) by inserting after subparagraph (B) the (b) REQUIREMENTS.—In carrying out this following: SA 2724. Ms. MIKULSKI submitted section, the United States Sentencing Com- ‘‘(C) CYBERSECURITY FUNCTIONS INCLUDED.— an amendment intended to be proposed mission shall— The term includes any authority provided to by her to the bill S. 3414, to enhance (1) consider the extent to which the Fed- the Federal Government under title I, II, V, the security and resiliency of the cyber eral sentencing guidelines and policy state- or VII, or an amendment made by title I, II, ments appropriately account for the simple and communications infrastructure of V, or VII, of the Cybersecurity Act of 2012 the United States; which was ordered misappropriation of a trade secret, including that is not explicitly authorized to be per- the sufficiency of the existing enhancement formed by a non-Federal individual or enti- to lie on the table; as follows: for these offenses to address the seriousness ty.’’. Strike section 404 and insert the following: of this conduct; (b) CLARIFICATION OF PROHIBITION ON CON- SEC. 404. FEDERAL CYBER SCHOLARSHIP-FOR- (2) consider whether additional enhance- TRACTORS PERFORMING INHERENTLY GOVERN- SERVICE PROGRAM. ments in the Federal sentencing guidelines MENTAL FUNCTIONS.—The Federal Activities (a) IN GENERAL.—The Director of the Na- and policy statements are appropriate to ac- Inventory Reform Act of 1998 (Public Law tional Science Foundation, in coordination count for— 105–270; 31 U.S.C. 501 note) is amended by in- with the Secretary and the Director of the (A) the transmission or attempted trans- serting after section 2 the following: Office of Personnel Management, shall carry mission of a stolen trade secret outside of ‘‘SEC. 2A. PROHIBITION ON CONTRACTORS PER- out a Federal Cyber Scholarship-for-Service the United States; and FORMING INHERENTLY GOVERN- program— (B) the transmission or attempted trans- MENTAL FUNCTIONS. (1) to increase the capacity of institutions mission of a stolen trade secret outside of ‘‘The head of an executive agency or em- of higher education to produce cybersecurity the United States that is committed or at- ployee of an executive agency may not enter professionals; and

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.045 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5788 CONGRESSIONAL RECORD — SENATE July 31, 2012 (2) to recruit and train the next generation (A) provides a procedure by which the Na- has certain functional characteristics of a of information technology professionals, in- tional Science Foundation or a Federal agen- tax and could be sustained as an exercise of dustry control security professionals, and se- cy may, consistent with regulations of the Congress’s power to tax under article I, sec- curity managers to meet the needs of the cy- Office of Personnel Management, request and tion 8, clause 1 of the Constitution. bersecurity mission for the Federal Govern- fund security clearances for scholarships re- (b) CLASSIFICATION OF INDIVIDUAL MANDATE ment and State, local, and tribal govern- cipients, including providing for clearances AS NON-TAX.— ments. during summer internships and after the re- (1) IN GENERAL.—Section 1501 of the Pa- (b) PROGRAM DESCRIPTION AND COMPO- cipient receives the degree, credential, or tient Protection and Affordable Care Act NENTS.—The program carried out under sub- specialized program certification; and (Public Law 111–148) is amended by adding at section (a) shall— (B) provides opportunities for students to the end the following new subsection: (1) incorporate findings from the assess- receive temporary appointments for mean- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ment and development of the strategy under ingful employment in the cybersecurity mis- the amendments made by this section shall section 405; sion of a Federal agency during vacation pe- be construed as imposing any tax or as an (2) provide institutions of higher edu- riods and for internships. exercise of any power of Congress enumer- cation, including community colleges, with (4) HIRING AUTHORITY.— ated in article I, section 8, clause 1 of, or the sufficient funding to carry out a scholarship (A) IN GENERAL.—For purposes of any law 16th amendment to, the Constitution.’’. program, as described in subsection (c); and or regulation governing the appointment of (2) EFFECTIVE DATE.—The amendment (3) provide assistance to institutions of individuals in the Federal civil service, upon made by this section shall apply as if in- higher education in establishing or expand- receiving a degree for which an individual re- cluded in the enactment of section 1501 of ing educational opportunities and resources ceived a scholarship under a scholarship pro- the Patient Protection and Affordable Care in cybersecurity, as authorized under section gram carried out by an institution of higher Act. 5 of the Cyber Security Research and Devel- education under subsection (b)(2), the indi- opment Act (15 U.S.C. 7404). vidual shall be— SA 2726. Mr. PRYOR submitted an (c) SCHOLARSHIP PROGRAM.— (i) hired under the authority provided for amendment intended to be proposed by (1) INSTITUTIONS OF HIGHER EDUCATION.—An in section 213.3102(r) or title 5, Code of Fed- institution of higher education that carries him to the bill S. 3414, to enhance the eral Regulations; and out a scholarship program under subsection security and resiliency of the cyber and (ii) exempt from competitive service. (b)(2) shall— communications infrastructure of the (B) COMPETITIVE SERVICE POSITION.—Upon (A) provide 2- or 3-year scholarships to stu- United States; which was ordered to lie satisfactory fulfillment of the service term dents who are enrolled in a program of study on the table; as follows: at the institution of higher education lead- of an individual hired under subparagraph (A), the individual may be converted to a On page 119, between lines 14 and 15, insert ing to a degree, credential, or specialized the following: program certification in the cybersecurity competitive service position with competi- tion if the individual meets the requirements (b) GEOGRAPHIC DISPERSION.—In estab- field, in an amount that covers each stu- lishing academic and professional Centers of dent’s tuition and fees at the institution and for that position. (5) EVALUATION AND REPORT.—The Director Excellence in cybersecurity under this sec- provides the student with an additional sti- tion, the Secretary and the Secretary of De- pend; of the National Science Foundation shall fense shall consider the need to avoid undue (B) require each scholarship recipient, as a evaluate and report periodically to Congress geographic concentration among any one condition of receiving a scholarship under on— category of States based on their predomi- the program— (A) the success of any scholarship pro- nant rural or urban character as indicated (i) to enter into an agreement under which grams carried out under subsection (b)(2) in by population density. the recipient agrees to work in the cyberse- recruiting individuals for scholarships; and (B) hiring and retaining individuals who curity mission of a Federal, State, local, or Mr. BLUMENTHAL (for tribal agency for a period equal to the length receive scholarships under a scholarship pro- SA 2727. of the scholarship following receipt of the gram carried out under subsection (b)(2) in himself, Mr. SCHUMER, Ms. KLOBUCHAR, student’s degree, credential, or specialized the public sector workforce. Mr. WYDEN, Mr. AKAKA, Mr. SANDERS, program certification; and (d) BENCHMARKS.— and Mrs. SHAHEEN) submitted an (ii) to refund any scholarship payments re- (1) PROPOSALS.—A proposal submitted to amendment intended to be proposed by ceived by the recipient, in accordance with the Director of the National Science Founda- him to the bill S. 3414, to enhance the tion for assistance under subsection (b)(3) rules established by the Director of the Na- security and resiliency of the cyber and tional Science Foundation, in coordination shall include— (A) clearly stated goals translated into a communications infrastructure of the with the Secretary, if a recipient does not United States; which was ordered to lie meet the terms of the scholarship program; set of expected measurable outcomes that and can be monitored; and on the table; as follows: (C) provide clearly documented evidence of (B) an evaluation plan that explains how At the appropriate place, insert the fol- a strong existing program in cybersecurity, the outcomes described in subparagraph (A) lowing: which may include designation as a Center of will be measured. SEC. ll. PROHIBITED ACTIVITY. (2) USE OF GOALS.—The Director of the Na- Academic Excellence in Information Assur- (a) IN GENERAL.—Section 1030(a) of title 18, ance Education by the National Security tional Science Foundation shall use the United States Code, is amended— Agency and the Department of Homeland Se- goals included in a proposal submitted under (1) in paragraph (7)(C), by inserting ‘‘or’’ curity. paragraph (1)— after the semicolon; and (2) SCHOLARSHIP ELIGIBILITY.—To be eligi- (A) to track the progress of a recipient of (2) by inserting after paragraph (7)(C) the ble to receive a scholarship under a scholar- assistance under subsection (b)(3); following: ship program carried out by an institution of (B) to guide a project carried out using as- ‘‘(8) acting as an employer, knowingly and higher education under subsection (b)(2), an sistance under subsection (b)(3); and intentionally— individual shall— (C) to evaluate the impact of a project car- ‘‘(A) for the purposes of employing, pro- (A) be a full-time student of the institution ried out using assistance under subsection moting, or terminating employment, com- of higher education who is likely to receive (b)(3). pels or coerces any person to authorize ac- a baccalaureate degree, a masters degree, or SA 2725. Mr. LEE submitted an cess, such as by providing a password or a research-based doctoral degree during the similar information through which a com- 3-year period beginning on the date on which amendment intended to be proposed by puter may be accessed, to a protected com- the individual receives the scholarship; him to the bill S. 3414, to enhance the puter that is not the employer’s protected (B) be a citizen of lawful permanent resi- security and resiliency of the cyber and computer, and thereby obtains information dent of the United States; communications infrastructure of the from such protected computer; or (C) demonstrate a commitment to a career United States; which was ordered to lie ‘‘(B) discharges, disciplines, discriminates in improving the security of information in- on the table; as follows: against in any manner, or threatens to take frastructure; and At the appropriate place, insert the fol- any such action against, any person— (D) have demonstrated a high level of pro- lowing: ‘‘(i) for failing to authorize access de- ficiency in fields relevant to the cybersecu- SEC. ll. TO CLASSIFY THE INDIVIDUAL MAN- scribed in subparagraph (A) to a protected rity profession, which may include mathe- DATE AS A NON-TAX. computer that is not the employer’s pro- matics, engineering, business, public policy, (a) FINDING.—Congress finds that on June tected computer; or social sciences, law, or computer sciences. 28, 2012, the Supreme Court ruled that the in- ‘‘(ii) who has filed any complaint or insti- (3) OTHER PROGRAM REQUIREMENTS.—The dividual mandate imposed by section 1501 of tuted or caused to be instituted any pro- Director of the National Science Foundation, the Patient Protection and Affordable Care ceeding under or related to this paragraph, in coordination with the Secretary and the Act (Public Law 111–148) and amended by sec- or has testified or is about to testify in any Director of the Office of Personnel Manage- tion 10106 of such Act and sections 1002 and such proceeding;’’. ment, shall ensure that each scholarship pro- 1004 of the Health Care and Education Rec- (b) FINE.—Section 1030(c) of title 18, United gram carried out under subsection (b)(2)— onciliation Act of 2010 (Public Law 111–152), States Code, is amended—

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.046 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5789 (1) in paragraph (4)(G)(ii), by striking the (ii) the costs of the action together with cyber risks identified through an assessment period at the end and inserting ‘‘; and’’; and reasonable attorney fees as determined by conducted under section 102(a) comprised (2) by adding at the end the following: the court. of— ‘‘(5) a fine under this title, in the case of an (B) VENUE.—An action to enforce liability (1) industry best practices, standards, and offense under subsection (a)(8) or an attempt created under this subsection may be guidelines; or to commit an offense punishable under this brought in the district court of the United (2) practices developed by the sector co- paragraph.’’. States in— ordinating council in coordination with own- (c) DEFINITIONS.—Section 1030(e) of title 18, (i) the district in which the complainant ers and operators, voluntary consensus United States Code, is amended— resides; standards development organizations, rep- (1) in paragraph (11), by striking ‘‘and’’ (ii) the district in which the principal resentatives of State and local governments, after the semicolon; place of business of the complainant is lo- the private sector, and appropriate informa- (2) in paragraph (12), by striking the period cated; tion sharing and analysis organizations. and inserting a semicolon; and (iii) the district in which the Federal enti- (b) REVIEW OF CYBERSECURITY PRACTICES.— (3) by adding at the end the following: ty that disclosed the information is located; (1) IN GENERAL.—The Council shall, in con- ‘‘(13) the term ‘employee’ means an em- or sultation with owners and operators, the ployee, as such term is defined in section (iv) the District of Columbia. Critical Infrastructure Partnership Advisory 201(2) of the Genetic Information Non- (C) STATUTE OF LIMITATIONS.—No action Council, and appropriate information shar- discrimination Act of 2008 (42 U.S.C. shall lie under this subsection unless such ing and analysis organizations, and in co- 2000ff(2)); action is commenced not later than 2 years ordination with appropriate representatives ‘‘(14) the term ‘employer’ means an em- after the date of the violation that is the from State and local governments— ployer, as such term is defined in such sec- basis for the action. (A) consult with relevant security experts tion 201(2); and (h) CRIMINAL PENALTIES.—A person who and institutions of higher education, includ- ‘‘(15) the term ‘employer’s protected com- knowingly violates a provision of this title ing university information security centers, puter’ means a protected computer of the shall be— appropriate nongovernmental cybersecurity employer, including any protected computer (1) for each such violation, fined not more experts, and representatives from national owned, operated, or otherwise controlled by, than $50,000, imprisoned for not more than 1 laboratories; for, or on behalf of that employer.’’. year, or both; (B) review relevant regulations or compul- (d) EXCEPTIONS.—Section 1030(f) of title 18, (2) for each such violation committed sory standards or guidelines; United States Code, is amended— under false pretenses, fined not more than (C) review cybersecurity practices pro- (1) by striking ‘‘(f) This’’ and inserting $100,000, imprisoned for not more than 5 posed under subsection (a); and ‘‘(f)(1) This’’; and (D) consider any amendments to the cyber- (2) by adding at the end the following: years, or both; and ‘‘(2)(A) Nothing in subsection (a)(8) shall be (3) for each such violation committed for security practices and any additional cyber- construed to limit the authority of a court of commercial advantage, personal gain, or ma- security practices necessary to ensure ade- competent jurisdiction to grant equitable re- licious harm, fined not more than $250,000, quate remediation or mitigation of the cyber lief in a civil action, if the court determines imprisoned for not more than 10 years, or risks identified through an assessment con- that there are specific and articulable facts both. ducted under section 102(a). showing that there are reasonable grounds to (2) ADOPTION.— believe that the information sought to be ob- SA 2729. Mr. WARNER (for himself (A) IN GENERAL.—Not later than 1 year tained is relevant and material to protecting and Ms. SNOWE) submitted an amend- after the date of enactment of this Act, the the intellectual property, a trade secret, or ment intended to be proposed by him Council shall— confidential business information of the to the bill S. 3414, to enhance the secu- (i) adopt any cybersecurity practices pro- posed under subsection (a) that adequately party seeking the relief. rity and resiliency of the cyber and ‘‘(B) Notwithstanding subsection (a)(8), the remediate or mitigate identified cyber risks prohibition in such subsection shall not communications infrastructure of the and any associated consequences identified apply to an employer’s actions if— United States; which was ordered to lie through an assessment conducted under sec- ‘‘(i) the employer discharges or otherwise on the table; as follows: tion 102(a); and disciplines an individual for good cause and On page 138, line 2, after ‘‘subsection (a)’’ (ii) adopt any amended or additional cyber- an activity protected under subsection (a)(8) insert ‘‘, including guidelines that provide security practices necessary to ensure the is not a motivating factor for the discharge for interoperable, non-proprietary tech- adequate remediation or mitigation of the or discipline of the individual; nologies wherever possible’’. cyber risks identified through an assessment ‘‘(ii) a State enacts a law that specifically conducted under section 102(a). waives subsection (a)(8) with respect to a SA 2730. Mr. THUNE submitted an (B) NO SUBMISSION BY SECTOR COORDINATING particular class of State government em- amendment intended to be proposed by COUNCIL.—If a sector coordinating council ployees or employees who work with individ- him to the bill S. 3414, to enhance the fails to propose to the Council cybersecurity uals under 13 years of age, and the employ- practices under subsection (a) within 180 er’s action relates to an employee in such security and resiliency of the cyber and days of the date of enactment of this Act, class; or communications infrastructure of the not later than 1 year after the date of enact- ‘‘(iii) an Executive agency (as defined in United States; which was ordered to lie ment of this Act the Council shall adopt cy- section 105 of title 5), a military department on the table; as follows: bersecurity practices that adequately reme- (as defined in section 102 of such title), or On page 134, line 4, insert ‘‘and in consulta- diate or mitigate identified cyber risks and any other entity within the executive branch tion with Centers of Academic Excellence in associated consequences identified through that comes into the possession of classified Information Assurance Education designated an assessment conducted under section 102(a) information, including the Defense Intel- by the National Security Agency and the De- for the sector. ligence Agency, National Security Agency, partment,’’ after ‘‘United States Code,’’. (c) FLEXIBILITY OF CYBERSECURITY PRAC- and National Reconnaissance Office, specifi- TICES.—Each sector coordinating council and cally waives subsection (a)(8) with respect to SA 2731. Mr. REID (for Mr. LIEBER- the Council shall periodically assess cyberse- a particular class of employees requiring eli- curity practices, but not less frequently than MAN (for himself, Ms. COLLINS, Mr. gibility for access to classified information once every 3 years, and update or modify cy- under Executive Order 12968 (60 Fed. Reg. ROCKEFELLER, Mrs. FEINSTEIN, and Mr. bersecurity practices as necessary to ensure 40245), or any successor thereto, and the em- CARPER)) proposed an amendment to adequate remediation and mitigation of the ployer’s action relates to an employee in the bill S. 3414, to enhance the security cyber risks identified through an assessment such class.’’. and resiliency of the cyber and commu- conducted under section 102(a). nications infrastructure of the United (d) PRIORITIZATION.—Based on the risk as- SA 2728. Mr. BLUMENTHAL sub- States; as follows: sessments performed under section 102(a), mitted an amendment intended to be the Council shall prioritize the development proposed by him to the bill S. 3414, to On page 20, strike line 3 and all that fol- of cybersecurity practices to ensure the re- lows through page 42, line 10, and insert the duction or mitigation of the greatest cyber enhance the security and resiliency of following: the cyber and communications infra- risks. SEC. 103. VOLUNTARY CYBERSECURITY PRAC- structure of the United States; which (e) PRIVATE SECTOR RECOMMENDED MEAS- TICES. URES.—Each sector coordinating council was ordered to lie on the table; as fol- (a) PRIVATE SECTOR DEVELOPMENT OF CY- shall develop voluntary recommended cyber- lows: BERSECURITY PRACTICES.—Not later than 180 security measures that provide owners rea- Beginning on page 192, strike line 19, and days after the date of enactment of this Act, sonable and cost-effective methods of meet- all that follows through page 193, line 22, and each sector coordinating council shall pro- ing any cybersecurity practice. insert the following: pose to the Council voluntary outcome-based (f) TECHNOLOGY NEUTRALITY.—No cyberse- (i) the actual damages sustained by the cybersecurity practices (referred to in this curity practice shall require— person as a result of the violation or $50,000, section as ‘‘cybersecurity practices’’) suffi- (1) the use of a specific commercial infor- whichever is greater; and cient to effectively remediate or mitigate mation technology product; or

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.047 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5790 CONGRESSIONAL RECORD — SENATE July 31, 2012 (2) that a particular commercial informa- assessment under paragraph (3)(B)(ii) the ligence, shall establish a procedure to expe- tion technology product be designed, devel- Council shall certify an owner. dite the provision of security clearances to oped, or manufactured in a particular man- (5) NONPERFORMANCE.—If the Council deter- appropriate personnel employed by a cer- ner. mines that a certified owner is not in com- tified owner. (g) RELATIONSHIP TO EXISTING REGULA- pliance with the cybersecurity practices es- (3) PRIORITIZED TECHNICAL ASSISTANCE.— TIONS.— tablished under section 103, the Council The Council shall ensure that certified own- (1) RULE OF CONSTRUCTION.—Nothing in this shall— ers are eligible to receive prioritized tech- section shall be construed to increase, de- (A) notify the certified owner of such de- nical assistance. crease, or otherwise alter the existing au- termination; and (4) PROVISION OF CYBER THREAT INFORMA- thority of any Federal agency to regulate (B) work with the certified owner to reme- TION.—The Council shall develop, in coordi- the security of critical cyber infrastructure. diate promptly any deficiencies. nation with certified owners, a procedure for (2) AVOIDANCE OF CONFLICT.—No cybersecu- (6) REVOCATION.—If a certified owner fails ensuring that certified owners are, to the rity practice shall— to remediate promptly any deficiencies iden- maximum extent practicable and consistent (A) prevent an owner (including a certified tified by the Council, the Council shall re- with the protection of sources and methods, owner) or operator from complying with any voke the certification of the certified owner. informed of relevant real-time cyber threat law or regulation; or (7) REDRESS.— information. (B) require an owner (including a certified (A) IN GENERAL.—If the Council revokes a (5) PUBLIC RECOGNITION.—With the approval owner) or operator to implement cybersecu- certification under paragraph (6), the Coun- of a certified owner, the Council may pub- rity measures that prevent the owner or op- cil shall— licly recognize the certified owner if the erator from complying with any law or regu- (i) notify the owner of such revocation; and Council determines such recognition does lation. (ii) provide the owner with specific cyber- not pose a risk to the security of critical (h) INDEPENDENT REVIEW.— security measures that, if implemented, cyber infrastructure. would remediate any deficiencies. (1) IN GENERAL.—Each cybersecurity prac- (6) STUDY TO EXAMINE BENEFITS OF PRO- tice shall be publicly reviewed by the rel- (B) RECERTIFICATION.—If the Council deter- CUREMENT PREFERENCE.— evant sector coordinating council and the mines that an owner has remedied any defi- (A) IN GENERAL.—The Federal Acquisition Critical Infrastructure Partnership Advisory ciencies and is in compliance with the cyber- Regulatory Council, in coordination with the Council, which may include input from rel- security practices, the Council may recertify Council and with input from relevant private evant institutions of higher education, in- the owner. sector individuals and entities, shall conduct (b) ASSESSMENTS.— cluding university information security cen- a study examining the potential benefits of (1) THIRD-PARTY ASSESSMENTS.—The Coun- ters, national laboratories, and appropriate establishing a procurement preference for cil, in consultation with owners and opera- the Federal Government for certified owners. non-governmental cybersecurity experts. tors and the Critical Infrastructure Protec- (B) AREAS.—The study under subparagraph (2) CONSIDERATION BY COUNCIL.—The Coun- tion Advisory Council, shall enter into (A) shall include a review of— cil shall consider any review conducted agreements with qualified third-party pri- (i) potential persons and related property under paragraph (1). vate entities, to conduct assessments that and services that could be eligible for pref- (i) VOLUNTARY TECHNICAL ASSISTANCE.—At use reliable, repeatable, performance-based erential consideration in the procurement the request of an owner or operator of crit- evaluations and metrics to assess whether an process; ical infrastructure, the Council shall provide owner certified under subsection (a)(3)(B)(ii) guidance on the application of cybersecurity is in compliance with all applicable cyberse- (ii) development and management of an ap- practices to the critical infrastructure. curity practices. proved list of categories of property and services that could be eligible for pref- SEC. 104. VOLUNTARY CYBERSECURITY PRO- (2) TRAINING.—The Council shall ensure GRAM FOR CRITICAL INFRASTRUC- that third party assessors described in para- erential consideration in the procurement TURE. graph (1) undergo regular training and ac- process; (a) VOLUNTARY CYBERSECURITY PROGRAM creditation. (iii) appropriate mechanisms to implement FOR CRITICAL INFRASTRUCTURE.— (3) OTHER ASSESSMENTS.—Using the proce- preferential consideration in the procure- (1) IN GENERAL.—Not later than 1 year after dures developed under this section, the Coun- ment process, including— the date of enactment of this Act, the Coun- cil may perform cybersecurity assessments (I) establishing a policy encouraging Fed- cil, in consultation with owners and opera- of a certified owner based on actual knowl- eral agencies to conduct market research tors and the Critical Infrastructure Partner- edge or a reasonable suspicion that the cer- and industry outreach to identify property ship Advisory Council, shall establish the tified owner is not in compliance with the and services that adhere to relevant cyberse- Voluntary Cybersecurity Program for Crit- cybersecurity practices or any other risk- curity practices; ical Infrastructure in accordance with this based factors as identified by the Council. (II) authorizing the use of a mark for the section. (4) NOTIFICATION.—The Council shall pro- Voluntary Cybersecurity Program for Crit- (2) ELIGIBILITY.— vide copies of any assessments by the Fed- ical Infrastructure to be used for marketing (A) IN GENERAL.—An owner of critical eral Government to the certified owner. property or services to the Federal Govern- cyber infrastructure may apply for certifi- (5) ACCESS TO INFORMATION.— ment; cation under the Voluntary Cybersecurity (A) IN GENERAL.—For the purposes of an as- (III) establishing a policy of encouraging Program for Critical Infrastructure. sessment conducted under this subsection, a procurement of certain property and services (B) CRITERIA.—The Council shall establish certified owner shall provide the Council, or from an approved list; criteria for owners of critical infrastructure a third party assessor, any reasonable access (IV) authorizing the use of a preference by that is not critical cyber infrastructure to be necessary to complete an assessment. Federal agencies in the evaluation process; eligible to apply for certification in the Vol- (B) PROTECTION OF INFORMATION.—Informa- and untary Cybersecurity Program for Critical tion provided to the Council, the Council’s (V) authorizing a requirement in certain Infrastructure. designee, or any assessor during the course solicitations that the person providing the (3) APPLICATION FOR CERTIFICATION.—An of an assessment under this section shall be property or services be a certified owner; and owner of critical cyber infrastructure or an protected from disclosure in accordance with (iv) benefits of and impact on the economy owner of critical infrastructure that meets section 106. and efficiency of the Federal procurement the criteria established under paragraph (c) BENEFITS OF CERTIFICATION.— system, if preferential consideration were (2)(B) that applies for certification under (1) LIMITATIONS ON CIVIL LIABILITY.— given in the procurement process to encour- this subsection shall— (A) IN GENERAL.—In any civil action for age the procurement of property and services (A) select and implement cybersecurity damages directly caused by an incident re- that adhere to relevant baseline performance measures of their choosing that satisfy the lated to a cyber risk identified through an goals establishing under the Voluntary Cy- outcome-based cybersecurity practices es- assessment conducted under section 102(a), a bersecurity Program for Critical Infrastruc- tablished under section 103; and certified owner shall not be liable for any pu- ture. (B)(i) certify in writing and under penalty nitive damages intended to punish or deter if SEC. 105. RULES OF CONSTRUCTION. of perjury to the Council that the owner has the certified owner is in substantial compli- Nothing in this title shall be construed developed and effectively implemented cy- ance with the appropriate cybersecurity to— bersecurity measures sufficient to satisfy practices at the time of the incident related (1) provide additional authority for any the outcome-based cybersecurity practices to that cyber risk. sector-specific agency or any Federal agency established under section 103; or (B) LIMITATION.—Subaragraph (A) shall that is not a sector-specific agency with re- (ii) submit to the Council an assessment only apply to harm directly caused by the in- sponsibilities for regulating the security of verifying that the owner has developed and cident related to the cyber risk and shall not critical infrastructure to establish standards effectively implemented cybersecurity meas- apply to damages caused by any additional or other cybersecurity measures that are ap- ures sufficient to satisfy the outcome-based or intervening acts or omissions by the plicable to the security of critical infrastruc- cybersecurity practices established under owner. ture not otherwise authorized by law; section 103. (2) EXPEDITED SECURITY CLEARANCE PROC- (2) limit or restrict the authority of the (4) CERTIFICATION.—Upon receipt of a self- ESS.—The Council, in coordination with the Department, or any other Federal agency, certification under paragraph (3)(B)(i) or an Office of the Director of National Intel- under any other provision of law; or

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.048 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5791 (3) permit any owner (including a certified (C) may be provided to the Secretary if de- SEC. 107. ANNUAL ASSESSMENT OF CYBERSECU- owner) to fail to comply with any other law termined appropriate by the Inspector Gen- RITY. or regulation, unless specifically authorized. eral of the Department. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and SEC. 106. PROTECTION OF INFORMATION. (d) RULES OF CONSTRUCTION.—Nothing in this section shall be construed to— every year thereafter, the Council shall sub- (a) DEFINITIONS.—In this section— (1) limit or otherwise affect the right, abil- mit to the appropriate congressional com- mittees a report on the effectiveness of this (1) the term ‘‘covered information’’ means ity, duty, or obligation of any entity to use title in reducing the risk of cyber attack to any information— or disclose any information of that entity, critical infrastructure. (A) submitted as part of the process estab- including in the conduct of any judicial or lished under section 102(a)(3); (b) CONTENTS.—Each report submitted other proceeding; under subsection (a) shall include— (B) submitted under section 102(b)(2)(C); (2) prevent the classification of informa- (C) required to be submitted by owners (1) a discussion of cyber risks and associ- tion submitted under this section if that in- ated consequences and whether the cyberse- under section 102(b)(4); formation meets the standards for classifica- (D) provided to the Secretary, the Sec- curity practices developed under section 103 tion under Executive Order 12958, or any suc- are sufficient to effectively remediate and retary’s designee, or any assessor during the cessor thereto, or affect measures and con- course of an assessment under section 104; or mitigate cyber risks and associated con- trols relating to the protection of classified sequences; and (E) provided to the Secretary or the In- information as prescribed by Federal statute spector General of the Department through (2) an analysis of— or under Executive Order 12958, or any suc- (A) whether owners of critical cyber infra- the tip line or another secure channel estab- cessor thereto; lished under subsection (c); and structure are successfully implementing the (3) limit or otherwise affect the ability of cybersecurity practices adopted under sec- (2) the term ‘‘Inspector General’’ means an an entity, agency, or authority of a State, a Inspector General described in subparagraph tion 103; local government, or the Federal Govern- (B) whether the critical infrastructure of (A), (B), or (I) of section 11(b)(1) of the In- ment or any other individual or entity under spector General Act of 1978 (5 U.S.C. App.), the United States is effectively secured from applicable law to obtain information that is cybersecurity threats, vulnerabilities, and the Inspector General of the United States not covered information (including any in- Postal Service, the Inspector General of the consequences; and formation lawfully and properly disclosed (C) whether additional legislative author- Central Intelligence Agency, and the Inspec- generally or broadly to the public) and to use tor General of the Intelligence Community. ity or other actions are needed to effectively such information in any manner permitted remediate or mitigate cyber risks and asso- (b) CRITICAL INFRASTRUCTURE INFORMA- by law, including the disclosure of such in- ciated consequences. TION.— formation under— (c) FORM OF REPORT.—A report submitted (1) IN GENERAL.—Covered information shall (A) section 552 or 2302(b)(8) of title 5, under this subsection shall be submitted in be treated as voluntarily shared critical in- United States Code; an unclassified form, but may include a clas- frastructure information under section 214 of (B) section 2409 of title 10, United States sified annex, if necessary. the Homeland Security Act of 2002 (6 U.S.C. Code; or 133), except that the requirement of such sec- (C) any other Federal, State, or local law, SA 2732. Mr. REID (for Mr. FRANKEN) tion 214 that the information be voluntarily ordinance, or regulation that protects proposed an amendment to amendment submitted shall not be required for protec- against retaliation an individual who dis- SA 2731 proposed by Mr. REID (for Mr. tion of information under this section to closes information that the individual rea- LIEBERMAN (for himself, Ms. COLLINS, apply. sonably believes evidences a violation of any Mr. ROCKEFELLER, Mrs. FEINSTEIN, and (2) SAVINGS CLAUSE FOR EXISTING WHISTLE- law, rule, or regulation, gross mismanage- ARPER BLOWER PROTECTIONS.—With respect to cov- ment, substantial and specific danger to pub- Mr. C )) to the bill S. 3414, to en- ered information, the rights and protections lic health, safety, or security, or other mis- hance the security and resiliency of the relating to disclosure by individuals of vol- feasance or nonfeasance; cyber and communications infrastruc- untarily shared critical infrastructure infor- (4) prevent the Secretary from using infor- ture of the United States; as follows: mation submitted under subtitle B of title II mation required to be submitted under this At the end, add the following new section: of the Homeland Security Act of 2002 (6 Act for enforcement of this title, including SEC. lll. U.S.C. 131 et seq.) shall apply with respect to enforcement proceedings subject to appro- Notwithstanding any other provision of disclosure of the covered information by in- priate safeguards; this Act, section 701 and section 706(a)(1) dividuals. (5) authorize information to be withheld shall have no effect. (c) CRITICAL INFRASTRUCTURE CYBER SECU- from any committee of Congress, the Comp- RITY TIP LINE.— troller General, or any Inspector General; SA 2733. Mr. REID proposed an (1) IN GENERAL.—The Secretary shall estab- (6) affect protections afforded to trade se- amendment to the bill S. 3414, to en- lish and publicize the availability of a Crit- crets under any other provision of law; or hance the security and resiliency of the ical Infrastructure Cyber Security Tip Line (7) create a private right of action for en- cyber and communications infrastruc- (and any other secure means the Secretary forcement of any provision of this section. ture of the United States; as follows: determines would be desirable to establish), (e) AUDIT.— On page 20, line 5, strike ‘‘180 days’’ and in- by which individuals may report— (1) IN GENERAL.—Not later than 1 year after sert ‘‘170 days’’. (A) concerns involving the security of cov- the date of enactment of this Act, the In- ered critical infrastructure against cyber spector General of the Department shall con- SA 2734. Mr. REID proposed an risks; and duct an audit of the management of covered amendment to amendment SA 2733 pro- (B) concerns (in addition to any concerns information under this title and report the posed by Mr. REID to the bill S. 3414, to described under subparagraph (A)) with re- findings to appropriate congressional com- enhance the security and resiliency of spect to programs and functions authorized mittees. or funded under this title involving— (2) CONTENTS.—The audit under paragraph the cyber and communications infra- (i) a possible violation of any law, rule, (1) shall include assessments of— structure of the United States; as fol- regulation or guideline; (A) whether the covered information is lows: (ii) mismanagement; adequately safeguarded against inappro- In the amendment strike ‘‘170’’ and insert (iii) risk to public health, safety, security, priate disclosure; ‘‘160’’. or privacy; or (B) the processes for marking and dissemi- (iv) other misfeasance or nonfeasance. nating the covered information and resolving SA 2735. Mr. REID proposed an (2) DESIGNATION OF EMPLOYEES.—The Sec- any disputes; amendment to the bill S. 3414, to en- retary and the Inspector General of the De- (C) how the covered information is used for hance the security and resiliency of the partment shall each designate employees au- the purposes of this title, and whether that cyber and communications infrastruc- thorized to receive concerns reported under use is effective; ture of the United States; as follows: this subsection that include— (D) whether sharing of covered information At the end, add the following new section: (A) disclosure of covered information; or has been effective to fulfill the purposes of SEC. lll. (B) any other disclosure of information this title; This Act shall become effective 3 days that is specifically prohibited by law or is (E) whether the kinds of covered informa- after enactment. specifically required by Executive order to tion submitted have been appropriate and be kept secret in the interest of national de- useful, or overbroad or overnarrow; SA 2736. Mr. REID proposed an fense or the conduct of foreign affairs. (F) whether the protections of covered in- amendment to amendment SA 2735 pro- (3) HANDLING OF CERTAIN CONCERNS.—A con- formation allow for adequate accountability cern described in paragraph (1)(B)— and transparency of the regulatory, enforce- posed by Mr. REID to the bill S. 3414, to (A) shall be received initially to the In- ment, and other aspects of implementing enhance the security and resiliency of spector General of the Department; this title; and the cyber and communications infra- (B) shall not be provided initially to the (G) any other factors at the discretion of structure of the United States; as fol- Secretary; and the Inspector General of the Department. lows:

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.048 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5792 CONGRESSIONAL RECORD — SENATE July 31, 2012 In the amendment, strike ‘‘3 days’’ and in- (i) the use of resources by the Department; in compliance with all applicable cybersecu- sert ‘‘2 days’’. (ii) how the Secretary plans to use the re- rity practices, the Council shall certify the sources of the Department in the future; and owner. SA 2737. Mr. REID proposed an (iii) the overall strategy of the Department (5) NONPERFORMANCE.—If the Council deter- amendment to amendment SA 2736 pro- to expand the cybersecurity human capital mines that a certified owner is not in com- posed by Mr. REID to the amendment capacity of the United States. pliance with the cybersecurity practices es- (B) CONTENTS OF REPORTS.—The report re- tablished under section 103, the Council SA 2735 proposed by Mr. REID to the quired under subparagraph (A) shall include shall— bill S. 3414, to enhance the security and information on past, planned, or potential (A) notify the certified owner of such de- resiliency of the cyber and communica- support by the Department for education and termination; and tions infrastructure of the United training programs that— (B) work with the certified owner to reme- States; as follows: (i) emphasize experiential learning and the diate promptly any deficiencies. In the amendment, strike ‘‘2 days’’ and in- opportunity to take on significant real-world (6) REVOCATION.—If a certified owner fails sert ‘‘1 day’’. casework as integral parts of training and to remediate promptly any deficiencies iden- development programs for cybersecurity pro- tified by the Council, the Council shall re- SA 2738. Ms. SNOWE (for herself and fessions; voke the certification of the certified owner. Mr. WARNER) submitted an amendment (ii) demonstrate a current and projected (7) REDRESS.— caseload of sufficient, important system and (A) IN GENERAL.—If the Council revokes a intended to be proposed by her to the network defense activity to provide real- certification under paragraph (6), the Coun- bill S. 3414, to enhance the security and world training opportunities for trainees, cil shall— resiliency of the cyber and communica- with a heavy emphasis on real-life, hands-on, (i) notify the owner of such revocation; and tions infrastructure of the United high-level cybersecurity work; (ii) provide the owner with specific cyber- States; which was ordered to lie on the (iii) demonstrate practical computer net- security measures that, if implemented, table; as follows: work defense skills and up-to-date cyberse- would remediate any deficiencies. curity experience of the senior staff pro- (B) RECERTIFICATION.—If the Council deter- Beginning on page 23, strike line 19 and all posing to lead the education and training mines that an owner has remedied any defi- that follows through page 24, line 18, and in- programs; ciencies and is in compliance with the cyber- sert the following: (iv) demonstrate access to hands-on train- security practices, the Council may recertify (1) RULE OF CONSTRUCTION.—Nothing in this ing programs in the most up-to-date com- the owner. section shall be construed to increase, de- puter network defense technologies and tech- (b) ASSESSMENTS.— crease, or otherwise alter the existing au- niques; and (1) THIRD-PARTY ASSESSMENTS.—The Coun- thority of any Federal agency to regulate (v) collaborate or plan to collaborate with cil shall— the security of critical cyber infrastructure. the Federal Government, including labora- (A) develop qualifications for third-party private entities that ensure that the entity Mrs. GILLIBRAND (for her- tories of the Department of Defense and the SA 2739. Department of Energy, State or local gov- has— self and Mr. BENNET) submitted an ernments, or private sector companies in the (i) substantial expertise in cybersecurity; amendment intended to be proposed by United States. (ii) the expertise necessary to perform her to the bill S. 3414, to enhance the third-party audits of the cybersecurity of security and resiliency of the cyber and SA 2740. Mr. LIEBERMAN (for Mr. critical cyber infrastructure systems and as- communications infrastructure of the NELSON of Florida) proposed an amend- sets; United States; which was ordered to lie ment to the resolution S. Res. 525, hon- (iii) adopted appropriate policies and pro- cedures to ensure that the entity provides on the table; as follows: oring the life and legacy of Oswaldo Paya Sardinas; as follows: independent analysis that is not affected by In section 402, strike subsection (a) and in- any conflict of interest or colored by any sert the following: On page 4, line 13, strike ‘‘; and’’ and insert business interest that the entity may hold; (a) ASSESSMENT OF CYBERSECURITY EDU- a semicolon. and On paqe 4, line 17, strike the period and in- CATION IN COLLEGES, UNIVERSITIES, UNIVER- (iv) any other qualifications determined sert ‘‘; and’’. SITY SYSTEMS, NONPROFIT ORGANIZATIONS, relevant by the Council; and On page 4, after line 17, insert the fol- AND THE PRIVATE SECTOR.— lowing: (B) in consultation with owners and opera- (1) REPORT BY THE NATIONAL SCIENCE FOUN- (7) condemns the Government of Cuba for tors and the Critical Infrastructure Protec- DATION.— the detention of nearly 50 pro-democracy ac- tion Advisory Council, shall enter into (A) REPORT REQUIRED.—Not later than 1 tivists following the memorial service for agreements with qualified third-party pri- year after the date of enactment of this Act, Oswaldo Paya´ Sardin˜ as. vate entities, to conduct assessments that the Director of the National Science Founda- use reliable, repeatable, performance-based tion shall submit to the Committee on Com- SA 2741. Mr. BLUMENTHAL sub- evaluations and metrics to assess whether an merce, Science, and Transportation of the mitted an amendment intended to be owner submitting an application under sub- Senate and the Committee on Science, proposed by him to the bill S. 3414, to section (a)(3)(B)(ii) is in compliance with all Space, and Technology of the House of Rep- enhance the security and resiliency of applicable cybersecurity practices. resentatives a report on the state of cyberse- the cyber and communications infra- (2) TRAINING.—The Council shall ensure curity education in institutions of higher that third party assessors described in para- education in the United States. structure of the United States; which graph (1) undergo regular training and ac- (B) CONTENTS OF REPORT.—The report re- was ordered to lie on the table; as fol- creditation. quired under subparagraph (A) shall include lows: (3) OTHER ASSESSMENTS.—Using the proce- baseline data on— On page 27, strike line 13 and all that fol- dures developed under this section, the Coun- (i) the state of cybersecurity education in lows through page 30, line 19, and insert the cil may perform cybersecurity assessments the United States; following: of a certified owner based on actual knowl- (ii) the extent of professional development (ii) submit to the Council an application edge or a reasonable suspicion that the cer- opportunities for faculty in cybersecurity for an assessment described in subsection tified owner is not in compliance with the principles and practices; (b)(1)(B) by a qualified third-party private cybersecurity practices or any other risk- (iii) descriptions of the content of cyberse- entity verifying that the owner has devel- based factors as identified by the Council. curity courses in undergraduate computer oped and effectively implemented cybersecu- (4) NOTIFICATION.—The Council shall pro- science curriculum; rity measures sufficient to satisfy the out- vide copies of any assessments by the Fed- (iv) the extent of the partnerships and col- come-based cybersecurity practices estab- eral Government to the certified owner. laborative cybersecurity curriculum develop- lished under section 103. (5) ACCESS TO INFORMATION.— ment activities that leverage industry and (4) CERTIFICATION.— (A) IN GENERAL.—For the purposes of an as- government needs, resources, and tools; and (A) SELF-CERTIFICATION.—Upon receipt of a sessment conducted under this subsection, a (v) proposed metrics to assess progress to- self-certification under paragraph (3)(B)(i), certified owner shall provide the Council, or ward improving cybersecurity education. the Council shall certify an owner. a third party assessor, any reasonable access (2) REPORT BY SECRETARY.— (B) ASSESSMENT APPLICATION.— necessary to complete an assessment. (A) REPORT REQUIRED.—Not later than 1 (i) IN GENERAL.—Upon receipt of an appli- (B) PROTECTION OF INFORMATION.—Informa- year after the date of enactment of this Act, cation by an owner for an assessment under tion provided to the Council, the Council’s the Secretary shall submit to the Committee paragraph (3)(B)(ii), the Council shall direct designee, or any assessor during the course on Commerce, Science, and Transportation a qualified third-party private entity to con- of an assessment under this section shall be of the Senate and the Committee on Science, duct an assessment of the owner in accord- protected from disclosure in accordance with Space, and Technology of the House of Rep- ance with an agreement described in sub- section 106. resentatives a report on the support provided section (b)(1). (c) BENEFITS OF CERTIFICATION.— by the Department to education and training (ii) IN COMPLIANCE.—If a qualified third- (1) LIMITATIONS ON CIVIL LIABILITY.— programs, including— party private entity determines an owner is (A) DEFINITION.—

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.050 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5793 (i) IN GENERAL.—In this paragraph, the AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT term ‘‘cyber attack’’ means an incident de- MEET MANAGEMENT, THE FEDERAL WORKFORCE, termined by the Attorney General to be an AND THE DISTRICT OF COLUMBIA unauthorized intrusion or attack on or COMMITTEE ON COMMERCE, SCIENCE, AND Ms. SHAHEEN. Mr. President, I ask TRANSPORTATION through a computer system or asset that unanimous consent that the Com- causes damage or disruption to the operation Ms. SHAHEEN. Mr. President, I ask mittee on Homeland Security and Gov- or integrity of critical infrastructure that unanimous consent that the Com- ernmental Affairs’ Subcommittee on results in— mittee on Commerce, Science, and (I) loss of life, serious physical injury, or Oversight of Government Management, Transportation be authorized to meet the Federal Workforce, and the Dis- the substantial interruption of life-sus- during the session of the Senate on taining services; trict of Columbia be authorized to (II) catastrophic economic damage to the July 31, 2012, at 2:30 p.m. in room SR– meet during the session of the Senate United States, including— 253 of the Russell Senate Office Build- on July 31, 2012, at 10 a.m. to conduct (aa) failure or substantial disruption of a ing. a hearing entitled, ‘‘State of Federal United States financial market; The PRESIDING OFFICER. Without Privacy and Data Security Law: Lag- (bb) incapacitation or sustained disruption objection, it is so ordered. of a transportation system; or ging Behind the Times?’’ COMMITTEE ON ENERGY AND NATURAL (cc) other systemic, long-term damage to The PRESIDING OFFICER. Without RESOURCES the United States economy; or objection, it is so ordered. Ms. SHAHEEN. Mr. President, I ask (III) severe degradation of national secu- SUBCOMMITTEE ON WESTERN HEMISPHERE, rity or national security capabilities, includ- unanimous consent that the Com- PEACE CORPS, AND GLOBAL NARCOTICS AFFAIRS mittee on Energy and Natural Re- ing intelligence and defense functions. Ms. SHAHEEN. Mr. President, I ask (ii) NO JUDICIAL REVIEW.—A determination sources be authorized to meet during unanimous consent that the Com- by the Attorney General under clause (i) the session of the Senate on July 31, mittee on Foreign Relations be author- shall not be subject to judicial review. 2012, at 10 a.m. in room SD–366 of the ized to meet during the session of the (B) LIMITATION.—In any civil action for Dirksen Senate Office Building. Senate on July 30, 2012, at 2 p.m., to damages directly caused by a cyber attack, a The PRESIDING OFFICER. Without certified owner shall not be liable for any pu- hold a Western Hemisphere, Peace objection, it is so ordered. nitive damages intended to punish or deter if Corps, and Global Narcotics Affairs the certified owner is in compliance with the COMMITTEE ON FOREIGN RELATIONS subcommittee hearing entitled, ‘‘Doing appropriate cybersecurity practices at the Ms. SHAHEEN. Mr. President, I ask Business in Latin America: Positive time of the incident related to that cyber unanimous consent that the Com- Trends but Serious Challenges.’’ risk. mittee on Foreign Relations be author- The PRESIDING OFFICER. Without ized to meet during the session of the Mr. TESTER submitted an objection, it is so ordered. SA 2742. Senate on July 31, 2012, at 10 a.m. amendment intended to be proposed by The PRESIDING OFFICER. Without f him to the bill S. 3414, to enhance the objection, it is so ordered. security and resiliency of the cyber and PRIVILEGES OF THE FLOOR communications infrastructure of the SELECT COMMITTEE ON INTELLIGENCE United States; which was ordered to lie Ms. SHAHEEN. Mr. President, I ask Mr. HARKIN. Mr. President, I ask on the table; as follows: unanimous consent that the Select unanimous consent that Oliver O’Con- Committee on Intelligence be author- nor and Kevin Burgess of my staff be On page 186, beginning on line 14, strike ‘‘for the timely destruction of cybersecurity ized to meet during the session of the granted floor privileges for the dura- threat indicators that’’ and insert ‘‘to de- Senate on July 31, 2012, at 2:30 p.m. tion of today’s session. stroy cybersecurity threat indicators not The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without later than 1 year after such indicators’’.h objection, it is so ordered. objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Paul Grove: Bahrain ...... Dinar ...... 364.24 ...... 364.24 Pakistan ...... Rupee ...... 40.00 ...... 40.00 Afghanistan ...... Afghani ...... 112.00 ...... 112.00 Iraq ...... Dinar ...... 276.00 ...... 276.00 United States ...... Dollar ...... 12,435.60 ...... 12,435.60 Adrienne Hallett: Coˆte d’Ivoire ...... Franc ...... 436.00 ...... 436.00 Namibia ...... Rand ...... 457.00 ...... 457.00 South Africa ...... Rand ...... 994.09 ...... 994.09 Morocco ...... Dirahm ...... 300.48 ...... 300.48 Zambia ...... Dollar ...... 278.43 ...... 278.43 Erik Fatemi: Coˆte d’Ivoire ...... Franc ...... 436.00 ...... 436.00 Namibia ...... Rand ...... 457.00 ...... 457.00 South Africa ...... Rand ...... 994.09 ...... 994.09 Morocco ...... Dirahm ...... 300.48 ...... 300.48 Zambia ...... Dollar ...... 278.43 ...... 278.43 Senator Thad Cochran: Turkey ...... Lira ...... 589.03 ...... 589.03 Thailand ...... Baht ...... 974.28 ...... 974.28 China ...... Yuan ...... 736.18 ...... 736.18 Korea ...... Won ...... 683.02 ...... 683.02 Stewart Holmes: Turkey ...... Lira ...... 589.03 ...... 589.03 Thailand ...... Baht ...... 608.85 ...... 608.85 China ...... Yuan ...... 736.18 ...... 736.18 Korea ...... Won ...... 683.02 ...... 683.02 Kay Webber: Turkey ...... Lira ...... 589.03 ...... 589.03

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00103 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.051 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5794 CONGRESSIONAL RECORD — SENATE July 31, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Thailand ...... Baht ...... 608.85 ...... 608.85 China ...... Yuan ...... 736.18 ...... 736.18 Korea ...... Won ...... 683.02 ...... 683.02 Total ...... 13,940.91 ...... 12,435.60 ...... 0.00 ...... 26,376.51 SENATOR DANIEL K. INOUYE, Chairman, Committee on Appropriations, July 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Lindsey Graham: United States ...... Dollar ...... 13,175.70 ...... 13,175.70 United Arab Emirates ...... Dollar ...... 27.23 ...... 27.23 Senator Mark Begich: United States ...... Dollar ...... 11,592.80 ...... 11,592.80 Croatia ...... Kuna ...... 110.31 ...... 110.31 David Ramseur: United States ...... Dollar ...... 15,703.00 ...... 15,703.00 Croatia ...... Kuna ...... 70.11 ...... 70.11 Adam J. Barker: United States ...... Dollar ...... 8,089.12 ...... 8,089.12 Uganda ...... Dollar ...... 343.00 ...... 343.00 South Sudan ...... Dollar ...... 300.00 ...... 300.00 Michael J. Noblet: United States ...... Dollar ...... 8,545.00 ...... 8,545.00 Uganda ...... Shilling ...... 511.00 ...... 511.00 South Sudan ...... Pound ...... 383.00 ...... 383.00 Gordon Peterson: United States ...... Dollar ...... 17,196.10 ...... 17,196.10 Japan ...... Yen ...... 1,134.01 ...... 1,134.01 Thailand ...... Baht ...... 594.07 ...... 594.07 Burma ...... Kyat ...... 312.00 ...... 312.00 David N. Bonine: United States ...... Dollar ...... 18,611.90 ...... 18,611.90 Japan ...... Yen ...... 1,113.00 ...... 1,113.00 Thailand ...... Baht ...... 544.00 ...... 544.00 Burma ...... Kyat ...... 340.00 ...... 340.00 Senator Jim Webb: United States ...... Dollar ...... 17,192.90 ...... 17,192.90 Japan ...... Yen ...... 1,293.01 ...... 1,293.01 Thailand ...... Baht ...... 810.07 ...... 810.07 Burma ...... Kyat ...... 514.00 ...... 514.00 Michael J. Kuiken: United States ...... Dollar ...... 8,679.00 ...... 8,679.00 Uganda ...... Shilling ...... 526.00 ...... 526.00 South Sudan ...... Pound ...... 384.00 ...... 384.00 Senator John McCain: United States ...... Dollar ...... 9,979.96 ...... 9,979,96 Turkey ...... Dollar ...... 860.58 ...... 860.58 Lithuania ...... Dollar ...... 230.13 ...... 230.13 Jordan ...... Dollar ...... 68.62 ...... 68.62 United States ...... Dollar ...... 14,388.40 ...... 14,388.40 Senator Joseph I. Lieberman: United States ...... Dollar ...... 1,154.40 ...... 1,154.40 Turkey ...... Dollar ...... 782.58 ...... 782.58 Senator James M. Inhofe: Ghana ...... Cedi ...... 11.14 ...... 11.14 Tanzania ...... Shilling ...... 119.31 ...... 119.31 United Arab Emirates ...... Dirham ...... 176.19 ...... 176.19 Anthony Lazarski: Ghana ...... Cedi ...... 11.14 ...... 11.14 Tanzania ...... Shilling ...... 115.53 ...... 115.53 United Arab Emirates ...... Dirham ...... 82.25 ...... 82.25 Mark Powers: Ghana ...... Cedi ...... 11.14 ...... 11.14 Tanzania ...... Shilling ...... 129.89 ...... 129.89 United Arab Emirates ...... Dirham ...... 107.71 ...... 78.28 ...... 185.99 Luke Holland: Ghana ...... Cedi ...... 11.14 ...... 11.14 Tanzania ...... Shilling ...... 152.46 ...... 152.46 United Arab Emirates ...... Dirham ...... 134.91 ...... 78.28 ...... 213.19 Germany ...... Euro ...... 15.40 ...... 15.40 Vance Serchuk: Saudi Arabia ...... Dollar ...... 176.00 ...... 176.00 Lebanon ...... Dollar ...... 247.00 ...... 247.00 Israel ...... Dollar ...... 832.00 ...... 832.00 William G.P. Monahan: United States ...... Dollar ...... 13,331.00 ...... 34.25 ...... 13,365.25 Afghanistan ...... Dollar ...... 35.00 ...... 35.00 Turkey ...... Dollar ...... 215.00 ...... 215.00 Belgium ...... Dollar ...... 248.86 ...... 248.86 Senator John McCain: United States ...... Dollar ...... 13,030.20 ...... 13,030.20 Malaysia ...... Dollar ...... 186.98 ...... 186.98 Singapore ...... Dollar ...... 190.02 ...... 190.02 Senator Joseph I. Lieberman: United States ...... Dollar ...... 9,962.80 ...... 9,962.80 Saudi Arabia ...... Dollar ...... 863.01 ...... 863.01 Israel ...... Dollar ...... 2,054.88 ...... 2,054.88 Margaret Goodlander: United States ...... Dollar ...... 10,129.80 ...... 10,129.80 Saudi Arabia ...... Dollar ...... 912.14 ...... 912.14 Lebanon ...... Dollar ...... 141.00 ...... 141.00 Israel ...... Dollar ...... 1,947.94 ...... 1,947.94 United States ...... Dollar ...... 21,584.10 ...... 21,584.10

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00104 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5795 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Malaysia ...... Dollar ...... 421.62 ...... 421.62 Singapore ...... Dollar ...... 527.41 ...... 527.41 Senator Joseph I. Lieberman: United States ...... Dollar ...... 20,232.30 ...... 20,232.30 Malaysia ...... Dollar ...... 444.00 ...... 444.00 Singapore ...... Dollar ...... 1,192.00 ...... 1,192.00 Christian D. Brose: United States ...... Dollar ...... 17,292.90 ...... 17,292.90 Malaysia ...... Dollar ...... 166.00 ...... 166.00 Singapore ...... Dollar ...... 97.00 ...... 97.00 United States ...... Dollar ...... 14,772.70 ...... 14,772.70 Lithuania ...... Dollar ...... 96.00 ...... 96.00 Jordan ...... Dollar ...... 228.00 ...... 228.00 Richard D. DeBobes: United States ...... Dollar ...... 10,128.00 ...... 29.00 ...... 10,157.00 Afghanistan ...... Dollar ...... 35.00 ...... 35.00 Turkey ...... Dollar ...... 215.00 ...... 215.00 Belgium ...... Euro ...... 248.86 ...... 248.86 Senator Jack Reed: United States ...... Dollar ...... 10,302.90 ...... 10,302.90 Afghanistan ...... Dollar ...... 20.00 ...... 20.00 Turkey ...... Dollar ...... 52.00 ...... 52.00 Belgium ...... Dollar ...... 16.00 ...... 16.00 Carolyn Chuhta: United States ...... Dollar ...... 13,331.90 ...... 13,331.90 Afghanistan ...... Dollar ...... 20.00 ...... 20.00 Turkey ...... Dollar ...... 52.00 ...... 52.00 Belgium ...... Dollar ...... 16.00 ...... 16.00 Vance Serchuk: United States ...... Dollar ...... 20,232.30 ...... 20,232.30 Malaysia ...... Dollar ...... 506.00 ...... 506.00 Singapore ...... Dollar ...... 617.00 ...... 617.00 Christian D. Brose: United States ...... Dollar ...... 6,480.06 ...... 6,480.06 Turkey ...... Dollar ...... 563.00 ...... 563.00 Senator James M. Inhofe: Montenegro ...... Euro ...... 52.32 ...... 52.32 Italy ...... Euro ...... 138.65 ...... 138.65 Anthony Lazarski: Montenegro ...... Euro ...... 52.32 ...... 52.32 Italy ...... Euro ...... 136.72 ...... 43.09 ...... 179.81 Mark Powers: Montenegro ...... Euro ...... 52.32 ...... 52.32 Italy ...... Euro ...... 70.22 ...... 25.35 ...... 95.57 Joseph M. Bryan: United States ...... Dollar ...... 16,874.20 ...... 16,874.20 Republic of Korea ...... Won ...... 542.91 ...... 542.91 Japan ...... Yen ...... 906.93 ...... 55.00 ...... 961.93 Ozge Cuzelsu: United States ...... Dollar ...... 15,104.10 ...... 15,104.10 Republic of Korea ...... Won ...... 560.00 ...... 20.00 ...... 580.00 Japan ...... Yen ...... 1,029.18 ...... 95.00 ...... 1,124.18 Senator Ben Nelson: United States ...... Dollar ...... 13,461.20 ...... 13,461.20 Egypt ...... Pound ...... 450.00 ...... 450.00 Saudi Arabia ...... Riyal ...... 548.00 ...... 548.00 Ryan Ehly: United States ...... Dollar ...... 13,461.20 ...... 13,461.20 Egypt ...... Pound ...... 447.00 ...... 447.00 Saudi Arabia ...... Riyal ...... 538.00 ...... 538.00 Senator Rob Portman: United States ...... Dollar ...... 12,471.00 ...... 12,471.00 Israel ...... Dollar ...... 1,083.38 ...... 1,083.38 Jordan ...... Dollar ...... 217.55 ...... 37.13 ...... 254.68 United Arab Emirates ...... Dollar ...... 286.16 ...... 286.16 Afghanistan ...... Dollar ...... 13.00 ...... 13.00 Brent Bombach: United States ...... Dollar ...... 12,825.20 ...... 12,825.20 Israel ...... Dollar ...... 538.40 ...... 538.40 Jordan ...... Dollar ...... 217.53 ...... 217.53 United Arab Emirates ...... Dollar ...... 286.16 ...... 286.16 Afghanistan ...... Dollar ...... 13.00 ...... 13.00 Senator Carl Levin: United States ...... Dollar ...... 12,346.00 ...... 12,346.00 Afghanistan ...... Dollar ...... 35.00 ...... 35.00 Turkey ...... Dollar ...... 214.97 ...... 214.97 Belgium ...... Dollar ...... 248.86 ...... 45.32 ...... 294.18 Total ...... 34,590.23 ...... 422,057.14 ...... 145.70 ...... 456,793.07 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, July 18, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Roger Wicker: Ivory Coast ...... Franc ...... 436.00 ...... 436.00 Namibia ...... Rand ...... 278.43 ...... 278.43 South Africa ...... Rand ...... 994.09 ...... 994.09 Zambia ...... Kwacha ...... 278.43 ...... 278.43 Morocco ...... Dirham ...... 300.48 ...... 300.48 Senator Richard Shelby: Italy ...... Euro ...... 408.00 ...... 408.00 Hungary ...... Forint ...... 450.00 ...... 450.00 Austria ...... Euro ...... 645.00 ...... 645.00 Switzerland ...... Franc ...... 458.00 ...... 458.00

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00105 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5796 CONGRESSIONAL RECORD — SENATE July 31, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Spain ...... Euro ...... 579.00 ...... 579.00 Slovakia ...... Euro ...... 286.00 ...... 286.00 Jonathan Graffeo: Italy ...... Euro ...... 408.00 ...... 408.00 Hungary ...... Forint ...... 450.00 ...... 450.00 Austria ...... Euro ...... 645.00 ...... 645.00 Switzerland ...... Franc ...... 458.00 ...... 458.00 Spain ...... Euro ...... 579.00 ...... 579.00 Slovakia ...... Euro ...... 286.00 ...... 286.00 William Duhnke: Italy ...... Euro ...... 408.00 ...... 408.00 Hungary ...... Forint ...... 450.00 ...... 450.00 Austria ...... Euro ...... 645.00 ...... 645.00 Switzerland ...... Franc ...... 458.00 ...... 458.00 Spain ...... Euro ...... 579.00 ...... 579.00 Slovakia ...... Euro ...... 286.00 ...... 286.00 Total ...... 10,765.43 ...... 10,765.43 SENATOR TIM JOHNSON, Chairman, Committee on Banking, Housing, and Urban Affairs, July 23, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Kent Conrad: Cote d’lvoire ...... CFA Franc ...... 436.00 ...... 436.00 Botswana ...... Pula ...... 578.00 ...... 578.00 Malawi ...... Kwacha ...... 279.00 ...... 279.00 Zambia ...... Kwacha ...... 556.86 ...... 556.86 Morocco ...... Dirham ...... 300.48 ...... 300.48 Total ...... 2,150.34 ...... 2,150.34 SENATOR KENT CONRAD, Chairman, Senate Budget Committee, July 11, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2102

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jeff Bingaman: United States ...... Dollar ...... 15,238.80 ...... 15,238.80 Hong Kong ...... HKD ...... 1,220.17 ...... 1,220.17 China ...... Yuan ...... 1,283.92 ...... 1,283.92 Jonathan Black: United States ...... Dollar ...... 12,443.50 ...... 12,443.50 Hong Kong ...... HKD ...... 1,358.48 ...... 1,358.48 China ...... Yuan ...... 1,422.23 ...... 1,422.23 Michael Carr: United States ...... Dollar ...... 8,216.60 ...... 8,216.60 Hong Kong ...... HKD ...... 1,520.98 ...... 1,520.98 China ...... Yuan ...... 1,409.73 ...... 1,409.73 Robert Simon: United States ...... Dollar ...... 11,795.30 ...... 11,795.30 Hong Kong ...... HKD ...... 1,210.16 ...... 1,210.16 China ...... Yuan ...... 1,244.62 ...... 1,244.62 Delegation expenses: Hong Kong ...... HKD ...... 1,854.71 ...... 1,854.71 China ...... Yuan ...... 2,527.69 ...... 2,527.69 Total ...... 10,670.29 ...... 47,694.20 ...... 4,382.40 ...... 62,746.89 SENATOR JEFF BINGAMAN, Chairman, Committee on Energy and Natural Resources, July 18, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Boozman: Ghana ...... Cedi ...... 11.14 ...... 11.14 Tanzania ...... Shilling ...... 118.57 ...... 118.57 United Arab Emirates ...... Dirhams ...... 200.84 ...... 200.84 Germany ...... Euros ...... 56.47 ...... 56.47 Senator Barbara Boxer: United States ...... Dollar ...... 5,815.95 ...... 5,815.95 Brazil ...... Real ...... 437.22 ...... 437.22 Argentina ...... Peso ...... 1,468.09 ...... 1,468.09 United States ...... Dollar ...... 10,932.80 ...... 10,932.80 France ...... Euro ...... 3,856.00 ...... 3,856.00

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00106 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5797 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Bettina Poirier: United States ...... Dollar ...... 9,393.55 ...... 9,393.55 Brazil ...... Real ...... 148.00 ...... 148.00 Argentina ...... Peso ...... 1,468.09 ...... 1,468.09 Mary Kerr: United States ...... Dollar ...... 9,393.55 ...... 9,393.55 Brazil ...... Real ...... 148.00 ...... 148.00 Argentina ...... Peso ...... 1,468.09 ...... 1,468.09 United States ...... Dollar ...... 10,932.80 ...... 10,932.80 France ...... Euro ...... 3,856.00 ...... 3,856.00 Paul Ordal: United States ...... Dollar ...... 9,393.55 ...... 110.00 ...... 9,503.55 Brazil ...... Real ...... 148.00 ...... 148.00 Argentina ...... Peso ...... 1,468.09 ...... 1,468.09 United States ...... Dollar ...... 10,932.80 ...... 361.00 ...... 11,293.80 France ...... Euro ...... 3,856.00 ...... 3,856.00 Total ...... 18,708.60 ...... 66,795.00 ...... 471.00 ...... 85,974.60 SENATOR BARBARA BOXER, Chairman, Committee on the Environment and Public Works, July 19, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Amber Cottle: Russia ...... Ruble ...... 1,428.12 ...... 1,428.12 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Bruce Hirsh: Russia ...... Ruble ...... 1,236.37 ...... 1,236.37 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Chelsea Thomas: Russia ...... Ruble ...... 1,380.85 ...... 1,380.85 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Hun Quach: Russia ...... Ruble ...... 1,339.74 ...... 1,339.74 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Catharine Bailey: Russia ...... Ruble ...... 1,012.20 ...... 1,012.20 United States ...... Dollar ...... 4,822.92 ...... 4,822.92 Lauren Bazel: Russia ...... Ruble ...... 1,048.40 ...... 4,048.40 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Ryan McComick: Russia ...... Ruble ...... 1,145.20 ...... 1,145.20 United States ...... Dollar ...... 4,822.92 ...... 4,822.92 Karin Hope: Russia ...... Ruble ...... 1,166.65 ...... 1,166.65 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Paul Poteet: Russia ...... Ruble ...... 1,203.80 ...... 1,203.80 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Jeffry Phan: Russia ...... Ruble ...... 1,034.55 ...... 1,034.55 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Ann Hawks: Russia ...... Ruble ...... 1,024.64 ...... 1,024.64 United States ...... Dollar ...... 4,822.92 ...... 4,822.92 Jayme White: Russia ...... Ruble ...... 1,275.10 ...... 1,275.10 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Everett Eissenstat: Russia ...... Ruble ...... 1,208.60 ...... 1,208.60 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Gregory Kalbaugh: Russia ...... Ruble ...... 1,050.71 ...... 1,050.71 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Amanda Slater: Russia ...... Ruble ...... 1,099.38 ...... 1,099.38 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Jonathan Cordone: Russia ...... Ruble ...... 1,424.49 ...... 1,424.49 United States ...... Dollar ...... 4,822.92 ...... 4,822.92 Thomas Mahr: Russia ...... Ruble ...... 1,114.39 ...... 1,114.39 United States ...... Dollar ...... 4,822.92 ...... 4,822.92 Keith Franks: Russia ...... Ruble ...... 1,145.42 ...... 1,145.42 United States ...... Dollar ...... 8,969.92 ...... 8,969.92 Delegation Expenses:* Russia ...... Dollar ...... 8,567.73 ...... 8,567.73 Gabriel Adler: Myanmar ...... Kyat ...... 1,022.73 ...... 1,022.73 United States ...... Dollar ...... 13,226.00 ...... 13,226.00 Everett Eissenstat: Myanmar ...... Kyat ...... 974.99 ...... 974.99 United States ...... Dollar ...... 13,226.00 ...... 13,226.00 Delegation Expenses:* Myanmar ...... Dollar ...... 2,948.09 ...... 3,578.25 ...... 6,526.34 Total ...... 23,336.33 ...... 170.123.65 ...... 12,145.98 ...... 205,605.96 SENATOR MAX BAUCUS, Chairman, Committee on Finance, July 20, 2012. * Delegation expenses include interpretation, transportation, embassy overtime, as well as other official expenses in accordance with the responsibilities of the host country.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00107 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5798 CONGRESSIONAL RECORD — SENATE July 31, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Barrasso: Turkey ...... Lira ...... 615.85 ...... 615.85 Thailand ...... Baht ...... 889.78 ...... 889.78 China ...... Renminbi ...... 668.73 ...... 668.73 Korea ...... Won ...... 469.62 ...... 469.62 Senator Christopher Coons: Uganda ...... Shilling ...... 862.68 ...... 862.68 Kenya ...... Shilling ...... 1,015.00 ...... 1,015.00 Tanzania ...... Shilling ...... 309.84 ...... 309.84 Egypt ...... Pound ...... 195.00 ...... 195.00 United States ...... Dollar ...... 11,148.60 ...... 11,148.60 Senator Richard Durbin: Ukraine ...... Hryvna ...... 237.93 ...... 237.93 Turkey ...... Lira ...... 506.88 ...... 506.88 Georgia ...... Lari ...... 455.67 ...... 455.67 Armenia ...... Dram ...... 157.77 ...... 157.77 United States ...... Dollar ...... 13,525.80 ...... 13,525.80 Senator John Kerry: Afghanistan ...... Dollar ...... 19.00 ...... 19.00 United Arab Emirates ...... Dirham ...... 1,082.60 ...... 1,082.60 Israel ...... Shekel ...... 340.00 ...... 340.00 Egypt ...... Pound ...... 781.66 ...... 781.66 Jordan ...... Dinar ...... 54.00 ...... 54.00 France ...... Euro ...... 498.91 ...... 498.91 United States ...... Dollar ...... 12,834.60 ...... 12,834.60 Senator Marco Rubio: Colombia ...... Peso ...... 1,242.29 ...... 1,242.29 United States ...... Dollar ...... 1,826.90 ...... 1,826.90 Senator Tom Udall: Coˆte D’Ivoire ...... Franc ...... 436.00 ...... 436.00 Namibia ...... Rand ...... 556.00 ...... 556.00 South Africa ...... Rand ...... 994.09 ...... 994.09 Zambia ...... Dollar ...... 278.43 ...... 278.43 Morocco ...... Dirham ...... 300.48 ...... 300.48 Perry Cammack: : United Arab Emirates ...... Dirham ...... 608.56 ...... 608.56 Israel ...... Shekel ...... 404.70 ...... 404.70 Egypt ...... Pound ...... 877.52 ...... 877.52 United States ...... Dollar ...... 2,253.90 ...... 2,253.90 Victor Cervino: Colombia ...... Peso ...... 952.29 ...... 952.29 United States ...... Dollar ...... 1,826.90 ...... 1,826.90 William Danvers: Afghanistan ...... Dollar ...... 19.00 ...... 19.00 United Arab Emirates ...... Dirham ...... 748.99 ...... 748.99 Israel ...... Shekel ...... 340.00 ...... 340.00 Egypt ...... Pound ...... 544.40 ...... 544.40 Jordan ...... Dinar ...... 94.59 ...... 94.59 France ...... Euro ...... 508.91 ...... 508.91 United States ...... Dollar ...... 15,237.60 ...... 15,237.60 Chris Homan: Ukraine ...... Hryvna ...... 237.93 ...... 237.93 Turkey ...... Lira ...... 446.94 ...... 446.94 Georgia ...... Lari ...... 455.67 ...... 455.67 Armenia ...... Dram ...... 175.38 ...... 175.38 United States ...... Dollar ...... 9,267.60 ...... 9,267.60 Alex Lee: Mexico ...... Peso ...... 1,381.66 ...... 1,381.66 United States ...... Dollar ...... 1,073.59 ...... 1,073.59 Emily Mendrala: Mexico ...... Peso ...... 1,373.66 ...... 1,373.66 United States ...... Dollar ...... 1,073.59 ...... 1,073.59 Melanie Nakagawa: Brazil ...... Real ...... 3,998.41 ...... 3,998.41 United States ...... Dollar ...... 1,601.90 ...... 1,601,90 Ann Norris: France ...... Euro ...... 3,561.00 ...... 3,561.00 United States ...... Dollar ...... 1,208.60 ...... 1,208.60 Matthew Padilla: Mexico ...... Peso ...... 1,087.66 ...... 1,087.66 United States ...... Dollar ...... 1,130.40 ...... 1,130.40 Michael Phelan: India ...... Rupee ...... 2,503.00 ...... 2,503.00 United States ...... Dollar ...... 11,075.95 ...... 11,075.95 Rolfe Michael Schiffer: Japan ...... Yen ...... 425.00 ...... 425.00 Burma ...... Kyat ...... 395.00 ...... 395.00 Singapore ...... Dollar ...... 657.00 ...... 657.00 Korea ...... Won ...... 184.00 ...... 184.00 United States ...... Dollar ...... 16,853.90 ...... 16,853.90 Halie Soifer: Uganda ...... Shilling ...... 903.68 ...... 903.68 Kenya ...... Shilling ...... 904.00 ...... 904.00 Tanzania ...... Shilling ...... 358.84 ...... 358.84 Egypt ...... Pound ...... 185.05 ...... 185.05 United States ...... Dollar ...... 11,018.60 ...... 11,018.60 Joel Starr: Ghana ...... Cedi ...... 241.00 ...... 241.00 Tanzania ...... Shilling ...... 630.00 ...... 630.00 United Arab Emirates ...... Dirham ...... 406.61 ...... 406.61 Germany ...... Euro ...... 175.06 ...... 175.06 Fatema Sumar: United Arab Emirates ...... Dirham ...... 198.00 ...... 198.00 Afghanistan ...... Dollar ...... 83.00 ...... 83.00 United States ...... Dollar ...... 12,512.70 ...... 12,512.70 Megan Thompson: Guatemala ...... Quetzal ...... 812.63 ...... 812.63 United States ...... Dollar ...... 798.00 ...... 798.00 Atman Trivedi: Singapore ...... Dollar ...... 166.00 ...... 166.00 Indonesia ...... Rupiah ...... 254.00 ...... 1,023.40 ...... 1,277.40 Malaysia ...... Ringgit ...... 339.00 ...... 339.00 United States ...... Dollar ...... 12,172.20 ...... 12,172.20 Victoria Woodbury: Spain ...... Euro ...... 2,072.00 ...... 645.40 ...... 2,717.40

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00108 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5799 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United States ...... Dollar ...... 1,462.20 ...... 1,462.20 Total ...... 42,698.35 ...... 141,572.33 ...... 184,250.68 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, July 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Susan M. Collins: United States ...... Dollar ...... 11,777.80 ...... 11,777.80 Thailand ...... Baht ...... 836.54 ...... 836.54 Burma ...... Kyat ...... 88.00 ...... 88.00 Rob Epplin: United States ...... Dollar ...... 13,424.80 ...... 13,424.80 Thailand ...... Baht ...... 836.54 ...... 836.54 Burma ...... Kyat ...... 88.00 ...... 88.00 Vance Serchuk: United States ...... Dollar ...... 5,831.00 ...... 5,831.00 Turkey ...... Lira ...... 2,899.00 ...... 2,899.00 Israel ...... Shekel ...... 382.00 ...... 382.00 Margaret Goodlander: United States ...... Dollar ...... 6,129.10 ...... 6,129.10 Turkey ...... Lisa ...... 2,899.00 ...... 2,899.00 Israel ...... Shekel ...... 393.00 ...... 393.00 Delegation Expenses: Thailand ...... Baht ...... 663.75 ...... 663.75 Total ...... 8,422,08 ...... 37,162.70 ...... 663.75 ...... 46,248.53 SENATOR JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, July 25, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Todd Webster: United States ...... Dollar ...... 11,018.60 ...... 11,018.60 Uganda ...... Shilling ...... 918.18 ...... 918.18 Kenya ...... Shilling ...... 928.50 ...... 928.50 Tanzania ...... Shilling ...... 264.34 ...... 264.34 Egypt ...... Pound ...... 253.55 ...... 253.55 Total ...... 2,364.57 ...... 11,018.60 ...... 13,383.17 SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, July 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Harkin: Coˆte d’Ivoire ...... Franc ...... 436.00 ...... 436.00 Namibia ...... Rand ...... 556.00 ...... 556.00 South Africa ...... Rand ...... 994.09 ...... 994.09 Zambia ...... Dollar ...... 278.43 ...... 278.43 Morocco ...... Dirahm ...... 300.48 ...... 300.48 Senator Michael B. Enzi: Coˆte d’Ivoire ...... Franc ...... 436.00 ...... 436.00 Botswana ...... Pula ...... 578.00 ...... 578.00 Malawi ...... Kwacha ...... 279.00 ...... 279.00 Zambia ...... Kwacha ...... 556.86 ...... 556.86 Morocco ...... Dirahm ...... 300.48 ...... 300.48 Melissa Pfaff: Coˆte d’Ivoire ...... Franc ...... 436.00 ...... 436.00 Botswana ...... Pula ...... 578.00 ...... 578.00 Malawi ...... Kwacha ...... 476.00 ...... 476.00 Zambia ...... Kwacha ...... 556.86 ...... 556.86 Morocco ...... Dirahm ...... 300.48 ...... 300.48 Maria Rosario Gutierrez: Coˆte d’Ivoire ...... Franc ...... 120.00 ...... 120.00 United States ...... Dollar ...... 4,280.60 ...... 4,280.60 Delegation Expenses:* Coˆte d’Ivoire ...... Franc ...... 15,818.00 ...... 15,818.00 Namibia ...... Rand ...... 15,557.00 ...... 15,557.00 South Africa ...... Rand ...... 14,730.91 ...... 14,730.91 Botswana ...... Pula ...... 3,102.00 ...... 3,102.00 Malawi ...... Kwacha ...... 9,344.65 ...... 9,344.65

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00109 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5800 CONGRESSIONAL RECORD — SENATE July 31, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Zambia ...... Kwacha ...... 3,227.88 ...... 3,227.88 Morocco ...... Dirahm ...... 13,043.24 ...... 13,043.24

Total ...... 7,182.68 ...... 4,280.60 ...... 74,823.68 ...... 86,286.96 SENATOR TOM HARKIN, Chairman, Committee on Health, Education, Labor, and Pensions, July 17, 2012. * Delegation expenses include payments and reimbursements to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mary L. Landrieu: United States ...... Dollar ...... 3,021.00 ...... 3,021.00 Guatemala ...... Quetzal ...... 881.00 ...... 881.00 Alston Walker: United States ...... Dollar ...... 798.00 ...... 798.00 Guatemala ...... Quetzal ...... 881.00 ...... 881.00 Amberly McDowell: United States ...... Dollar ...... 798.00 ...... 798.00 Guatemala ...... Quetzal ...... 881.00 ...... 881.00 Elizabeth Whitbeck: United States ...... Dollar ...... 798.00 ...... 798.00 Guatemala ...... Quetzal ...... 881.00 ...... 881.00 Delegation expenses: Guatemala ...... Quetzal ...... 2,781.60 ...... 2,781.60

Total ...... 3,524.00 ...... 5,415.00 ...... 2,781.60 ...... 11,720.60 SENATOR MARY LANDRIEU, Chairman, Committee on Small Business and Entrepreneurship, July 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Christian Cook ...... Dollar ...... 2,967.08 ...... 2,967.08 Brian Monahan ...... Dollar ...... 3,332.51 ...... 3,332.51 Senator Ron Wyden ...... Dollar ...... 1,803.00 ...... 1,803.00 ...... 14,195.90 ...... 14,195.90 John Dickas ...... Dollar ...... 1,299.53 ...... 1,299.53 ...... 16,282.08 ...... 16,282.08 Neal Higgins ...... Dollar ...... 907.00 ...... 907.00 ...... 10,326.00 ...... 10,326.00 Brian Miller ...... Dollar ...... 1,179.00 ...... 1,179.00 ...... 10,326.00 ...... 10,326.00 Tressa Guenov ...... Dollar ...... 857.00 ...... 857.00 ...... 10,326.00 ...... 10,326.00 Senator Mark Udall ...... Dollar ...... 2,662.00 ...... 2,662.00 Senator Richard Burr ...... Dollar ...... 3,083.22 ...... 3,083.22 Senator Mark Warner ...... Dollar ...... 2,613.55 ...... 2,613.55 Senator Barbara Mikulski ...... Dollar ...... 1,786.00 ...... 1,786.00 ...... 4,524.90 ...... 4,524.90 Jennifer Barrett ...... Dollar ...... 2,645.00 ...... 2,645.00 Christian Cook ...... Dollar ...... 3,223.34 ...... 3,223.34 Michael Pevzner ...... Dollar ...... 3,153.22 ...... 3,153.22 Tressa Guenov ...... Dollar ...... 1,440.00 ...... 1,440.00 ...... 4,524.90 ...... 4,524.90 Andrew Kerr ...... Dollar ...... 328.00 ...... 328.00 ...... 9,866.20 ...... 9,866.20 Ryan Tully ...... Dollar ...... 328.00 ...... 328.00 ...... 9,866.20 ...... 9,866.20 Senator Dianne Feinstein ...... Dollar ...... 542.00 ...... 542.00 ...... 12,477.68 ...... 12,477.68 Senator Saxby Chambliss ...... Dollar ...... 1,083.56 ...... 1,083.56 ...... 7,216.70 ...... 7,216.70 David Grannis ...... Dollar ...... 508.00 ...... 508.00 ...... 12,477.68 ...... 12,477.68 Martha Scott Poindexter ...... Dollar ...... 1,083.56 ...... 1,083.56 ...... 6,533.00 ...... 6,533.00 Senator Saxby Chambliss ...... Dollar ...... 3,332.51 ...... 3,332.51 Senator Richard Burr ...... Dollar ...... 3,332.51 ...... 3,332.51 Martha Scott Poindexter ...... Dollar ...... 3,332.51 ...... 3,332.51 Tyler Stephens ...... Dollar ...... 2,967.08 ...... 2,967.08 Teresa Ervin ...... Dollar ...... 2,967.08 ...... 2,967.08

Total ...... 52,756.26 ...... 128,943.24 ...... 181,699.50 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, July 11, 2012.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00110 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5801 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Hon. Alcee Hastings: Belgium ...... Euro ...... 308.00 ...... 308.00 Fred Turner: Belgium ...... Euro ...... 350.00 ...... 350.00 Austria ...... Euro ...... 523.10 ...... 523.10 United States ...... Dollar ...... 2,556.70 ...... 2,556.70 Ireland ...... Euro ...... 933.07 ...... 933.07 United States ...... Dollar ...... 1,012.70 ...... 1,012.70

Total ...... 2,114.17 ...... 3,569.40 ...... 5,683.57 BENJAMIN L. CARDIN, Chairman, Commission on Security and Cooperation in Europe, July 19, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM APR. 1 TO JUN. 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Ayesha Khanna: Russia ...... Ruble ...... 1,225.25 ...... 1,225.25 United States ...... Dollar ...... 8,804.92 ...... 8,804.92 Thomas Ross: United States ...... Dollar ...... 14,754.12 ...... 14,754.12 Ethiopia ...... Birr ...... 527.00 ...... 527.00 Uganda ...... Shilling ...... 600.12 ...... 600.12 South Sudan ...... Pound ...... 377.00 ...... 377.00 Total ...... 2,729.37 ...... 23,559.04 ...... 26,288.41 SENATOR HARRY REID, Majority Leader, June 20, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), REPUBLICAN LEADER FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Thomas Hawkins: Turkey ...... Lira ...... 639.02 ...... 639.02 Thailand ...... Baht ...... 912.58 ...... 912.58 China ...... Renminbi ...... 836.18 ...... 836.18 South Korea ...... Won ...... 783.02 ...... 783.02 Jonathan Lieber: United States ...... Dollar ...... 8,934.32 ...... 8,934.32 Russia ...... Ruble ...... 1,105.87 ...... 1,105.87 Total ...... 4,276.67 ...... 8,934.32 ...... 13,210.99 SENATOR MITCH MCCONNELL, Republican Leader, June 29, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SPECIAL COMMITTEE ON AGING FOR TRAVEL FROM APR. 1 TO JUNE 30, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Michael Bassett: Czech Republic ...... Crown ...... 450.00 ...... 450.00 United States ...... Dollar ...... 8,461.40 ...... 8,461.40 Cara Goldstein: Czech Republic ...... Crown ...... 346.88 ...... 346.88 United States ...... Dollar ...... 8,461.40 ...... 8,461.40 Francine Hennie: Czech Republic ...... Crown ...... 455.00 ...... 455.00 United States ...... Dollar ...... 8,461.40 ...... 8,461.40 Sarah Levin: Czech Republic ...... Crown ...... 332.28 ...... 36.45 ...... 368.73 United States ...... Dollar ...... 8,451.30 ...... 8,451.30 Chad Metzler: Czech Republic ...... Crown ...... 272.00 ...... 70.00 ...... 342.00 United States ...... Dollar ...... 8,461.70 ...... 8,461.70 Joy McGlaun: Czech Republic ...... Crown ...... 547.00 ...... 547.00 United States ...... Dollar ...... 8,461.40 ...... 8,461.40 Anne Montgomery: Czech Republic ...... Crown ...... 571.00 ...... 17.50 ...... 588.50 United States ...... Dollar ...... 9,587.80 ...... 9,587.80 Total ...... 2,974.16 ...... 60,470.35 ...... 63,444.51 SENATOR HERB KOHL, Special Committee on Aging, July 25, 2012.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00111 Fmt 4624 Sfmt 8634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE S5802 CONGRESSIONAL RECORD — SENATE July 31, 2012 HONORING THE LIFE AND LEGACY honors the life, legacy, and exemplary ment in Cuba, which led to his imprisonment OF OSWALDO PAYA SARDINAS leadership of Oswaldo Paya. This reso- at a work camp on Cuba’s Isle of Youth in lution also calls on the Cuban Govern- 1969; Mr. LIEBERMAN. Mr. President, I Whereas, in 1988, Oswaldo Paya´ Sardin˜ as ask unanimous consent that the Com- ment to allow an impartial third-party founded the Christian Liberation Movement mittee on Foreign Relations be dis- investigation into the accident. I urge as a nondenominational political organiza- charged from further consideration of the Senate to unanimously pass this tion to further civil and human rights in S. Res. 525 and that the Senate proceed resolution. Cuba; to its immediate consideration. This request comes on the heels of Whereas, in 1992, Oswaldo Paya´ Sardin˜ as other disturbing news out of Cuba. We announced his intention to run as a can- The PRESIDING OFFICER. Without didate to be a representative on the National objection, it is so ordered. have learned that more than 40 pro- democracy activists were detained Assembly of Popular Power of Cuba and, 2 The clerk will report the resolution days before the election, was detained by po- by title. after Paya’s funeral last Tuesday. The lice at his home and determined by Com- The assistant legislative clerk read reason? They dared to shout ‘‘libertad’’ munist Party officials to be ineligible to run as follows: at that time—‘‘freedom’’—during the for office because he was not a member of A resolution (S. Res. 525) honoring the life ceremony. Reports also indicate that the Communist Party; ´ ˜ and legacy of Oswaldo Paya Sardinas. several of the dissidents were severely Whereas, in 1997, Oswaldo Paya Sardinas collected hundreds of signatures to support There being no objection, the Senate beaten. These peaceful activists were only his candidacy to the National Assembly of proceeded to consider the resolution. Popular Power, which was rejected by the Mr. NELSON of Florida. Mr. Presi- honoring one of their own and they electoral commission of Cuba; dent, I wish to speak about Oswaldo ended up as victims of an authoritarian Whereas the Constitution of Cuba sup- Paya, a Cuban dissident, and his un- regime. Now more than ever before the posedly guarantees the right to a national timely death in Cuba in a supposed United States must continue policies referendum on any proposal that achieves 10,000 or more signatures from citizens of automobile accident. The Cuban peo- that promote the fundamental prin- ciples of political freedom, democracy, Cuba who are eligible to vote; ple, indeed all freedom-loving people of ´ and human rights, to all of which Whereas, in 1998, Oswaldo Paya Sardin˜ as the world, have recently lost a great and other leaders of the Christian Liberation advocate for freedom. He was someone Oswaldo Paya devoted his life. Movement created the Varela Project, a sig- who was in peaceful opposition to the Senator DURBIN, we are quite con- nature drive to secure a national referendum tyranny that is on the island of Cuba. cerned the Castro regime continues to on ‘‘convert[ing] into law, the right of free- Oswaldo Paya died in a car crash on hold an American hostage, Alan Gross. dom of speech, the freedom of press and free- Sunday, July 22. He was just 60 years Once again, another Senator rises to dom of enterprise’’; Whereas, in May 2002, the Varela Project old. Another Cuban dissident, Harold urge the Cuban regime in the strongest possible terms to immediately and un- delivered 11,020 signatures from eligible citi- Cepero, was also killed in the accident, zens of Cuba to the National Assembly of and two European politicians, one from conditionally release him. Popular Power, calling for an end to 4 dec- Spain and one from Sweden, were in- We will never forget Paya’s passion ades of one-party rule, to which the Govern- jured. Paya was one of Cuba’s best and dedication to freedom and faith. ment of Cuba responded by beginning its own known dissidents. He pushed for civil The least the regime can do is to re- referendum that made Cuba’s socialist sys- and human rights. He pushed for an end lease Alan Gross. tem ‘‘irrevocable’’, even after an additional 14,000 signatures were added to the Varela to one-party rule. He pushed for free- Mr. LIEBERMAN. Mr. President, I further ask that the amendment of- Project petition; dom for political prisoners. And he Whereas the Varela Project is the largest pushed for support for private busi- fered by the Senator from Florida, Mr. civil society-led petition in the history of nesses. In 2002, his Varela Project de- NELSON, which is at the desk, be agreed Cuba; livered more than 24,000 verifiable sig- to; the resolution, as amended, be Whereas Oswaldo Paya´ Sardin˜ as bravely natures in support of these ideals to agreed to; the preamble be agreed to; led the Varela Project at great risk to him- the Cuban Government. It was the the motions to reconsider be made and self, his loved ones, and his associates; laid upon the table, with no inter- Whereas, in March 2003, the Government of largest petition drive in Cuban history. Cuba arrested 75 human rights activists, in- Paya bravely led this initiative at viewing action or debate, and that any statements relating to the measure be cluding 25 members of the Varela Project, in great risk to himself, to his loved ones, the crackdown known as Cuba’s ‘‘Black and to his colleagues. For his work, he printed in the RECORD at the appro- Spring’’; received the European Parliaments’ priate place as if read. Whereas Oswaldo Paya´ Sardin˜ as’s dedica- Sakarov Prize for Freedom of Thought The PRESIDING OFFICER. Without tion to freedom and faith earned him the in 2002, and he was nominated for the objection, it is so ordered. Sakarov Prize for Freedom of Thought from Nobel Peace Prize. The amendment (No. 2740) was agreed the European Parliament in 2002; to, as follows: Whereas Oswaldo Paya´ Sardin˜ as received The reason I am bringing this up, the W. Averell Harriman Democracy Award (Purpose: To condemn the Government of other than pointing out that planet from the United States National Democratic Cuba for the detention of nearly 50 pro-de- Earth has lost a friend for freedom, is Institute for International Affairs in 2003; mocracy activists following the memorial to note that the circumstances of the Whereas Oswaldo Paya´ Sardin˜ as was nomi- service for Oswaldo Paya´ Sardin˜ as) car accident are the topic of some de- nated for the Nobel Peace Prize by Va´ clav bate. Cuban officials insist the driver On page 4, line 13, strike ‘‘; and’’ and insert Havel, the former president of the Czech Re- a semicolon. public, in 2005; and was speeding and that he lost control On page 4, line 17, strike the period and in- and he hit a tree. But others are saying Whereas President Barack Obama stated, sert ‘‘; and’’. ‘‘We continue to be inspired by Paya´ ’s vision that witnesses saw another vehicle hit On page 4, after line 17, insert the fol- and dedication to a better future for Cuba, Mr. Paya’s vehicle and drive it off the lowing: and believe that his example and moral lead- road. Paya’s daughter Rosa Maria says (7) condemns the Government of Cuba for ership will endure.’’: Now, therefore, be it she holds the Cuban Government re- the detention of nearly 50 pro-democracy ac- Resolved, That the Senate— sponsible. She has told CNN en Espanol tivists following the memorial service for (1) recognizes and honors the life and ex- that ‘‘we think it’s not an accident. Oswaldo Paya´ Sardin˜ as. emplary leadership of Oswaldo Paya´ They wanted to do harm and then The resolution (S. Res. 525), as Sardin˜ as; amended, was agreed to. (2) offers heartfelt condolences to the fam- ended up killing my father.’’ That is a ily, friends, and loved ones of Oswaldo Paya´ direct quote. The preamble was agreed to. The resolution, as amended, with its Sardin˜ as; Paya’s loved ones and the Cuban peo- ´ preamble, reads as follows: (3) praises the bravery of Oswaldo Paya ple and the international community Sardin˜ as and his colleagues for collecting deserve to have all the facts sur- S. RES. 525 more than 11,000 verified signatures in sup- rounding this tragic event examined Whereas, on Sunday, July 22, 2012, 60-year- port of the Varela Project; and put out in the public. That is why old Cuban dissident and activist Oswaldo (4) in memory of Oswaldo Paya´ Sardin˜ as, I have submitted, along with a number Paya´ Sardin˜ as died in a car crash in calls on the United States to continue poli- of our colleagues, S. Res. 525, which Bayamo, Cuba; cies that promote respect for the funda- Whereas at a young age, Oswaldo Paya´ mental principles of religious freedom, de- Sardin˜ as criticized the communist govern- mocracy, and human rights in Cuba, in a

VerDate Mar 15 2010 04:55 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A31JY6.062 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE July 31, 2012 CONGRESSIONAL RECORD — SENATE S5803 manner consistent with the aspirations of deemed expired, and the time for the ADJOURNMENT UNTIL 9:30 A.M. the people of Cuba; two leaders be reserved for their use TOMORROW (5) in memory of Oswaldo Paya´ Sardin˜ as, later in the day; that the majority calls on the Government of Cuba to provide leader be recognized, and the first hour Mr. LIEBERMAN. If there is no fur- its citizens with internationally accepted be equally divided and controlled be- ther business to come before the Sen- standards for civil and human rights and the opportunity to vote in free and fair elec- tween the two leaders or their des- ate, I ask unanimous consent that it tions; ignees, with the Republicans control- adjourn under the previous order. ling the first half and the majority (6) calls on the Government of Cuba to There being no objection, the Senate, allow an impartial, third-party investigation controlling the final half. into the circumstances surrounding the The PRESIDING OFFICER. Without at 7:14 p.m., adjourned until Wednes- death of Oswaldo Paya´ Sardin˜ as; and objection, it is so ordered. day, August 1, 2012, at 9:30 a.m. (7) condemns the Government of Cuba for f the detention of nearly 50 pro-democracy ac- f tivists following the memorial service for PROGRAM Oswaldo Paya´ Sardin˜ as. Mr. LIEBERMAN. Mr. President, the NOMINATIONS f majority leader filed cloture on the ORDERS FOR WEDNESDAY, cyber security bill today. As a result, Executive nominations received by AUGUST 1, 2012 the filing deadline for first-degree the Senate: amendments to S. 3414 is 1 p.m. on Mr. LIEBERMAN. Mr. President, I Wednesday. INSTITUTE OF MUSEUM AND LIBRARY SERVICES ask unanimous consent that when the I want to indicate to my colleagues ERIC J. JOLLY, OF MINNESOTA, TO BE A MEMBER OF Senate completes its business today, it that we continue to work on an agree- THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2016, VICE KAREN adjourn until 9:30 a.m., on Wednesday, ment on amendments to the bill which BROSIUS, TERM EXPIRED. August 1; that following the prayer and I hope we can reach. If no agreement is SUSANA TORRUELLA LEVAL, OF NEW YORK, TO BE A MEMBER OF THE NATIONAL MUSEUM AND LIBRARY pledge, the Journal of proceedings be reached, the cloture vote will be on SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, approved to date, the morning hour be Thursday. 2015, VICE KATHERINE M. B. BERGER, TERM EXPIRED.

VerDate Mar 15 2010 02:56 Aug 01, 2012 Jkt 019060 PO 00000 Frm 00113 Fmt 4624 Sfmt 9801 E:\CR\FM\A31JY6.064 S31JYPT1 tjames on DSK6SPTVN1PROD with SENATE