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, THURSDAY, APRIL 26, 2012 No. 61 House of Representatives The House met at 10 a.m. and was and dramatic stress is placed upon legal immigrants, by the way—that called to order by the Speaker pro tem- their economies. ended up almost ruining a number of pore (Mr. FLORES). It’s not yet to that point in Mexico, their farmers, and their legislature had f but the game has definitely changed. In to backtrack. contrast, the United States has had a Immigrants have always been a DESIGNATION OF SPEAKER PRO growing and vibrant population, in no source of America’s strength. Our cur- TEMPORE small measure because we’ve been en- rent policies inflict damage to the re- The SPEAKER pro tempore laid be- ergized from people around the world. alities of those family ties, especially fore the House the following commu- It’s time to consider our immigration to children who are already citizens. nication from the Speaker: policies and practices for the future. We also do other dumb things. We WASHINGTON, DC, Even though there’s been no more deny VISAs to smart people who are April 26, 2012. contentious issue in American politics educated at great expense at some of I hereby appoint the Honorable BILL FLO- than that of immigration, the situa- the finest institutions in America with RES to act as Speaker pro tempore on this tion surrounding Mexican immigration important skills that will be valuable day. has changed profoundly. As I men- to business. We make it hard for them JOHN A. BOEHNER, tioned, the birth rate is falling, and for to work here. Unfortunately, if their Speaker of the House of Representatives. the first time as many people are leav- skills are going to be utilized, too often f ing the United States for Mexico as are they end up being hired by foreign MORNING-HOUR DEBATE arriving from Mexico in the United overseas competitors, or American States. companies have to create jobs for them The SPEAKER pro tempore. Pursu- Illegal entry is clearly declining. The overseas. ant to the order of the House of Janu- number of arrests at the border dem- There are a half-dozen pieces of legis- ary 17, 2012, the Chair will now recog- onstrates that. People are being de- lation in a piecemeal fashion that will nize Members from lists submitted by ported in greater numbers than ever make it better. One of the most impor- the majority and minority leaders for before. It’s not that there isn’t still a tant is the DREAM Act, which would morning-hour debate. problem. There are still some bad ac- allow children who were brought here The Chair will alternate recognition tors coming across the border, no mis- at an early age to be able to earn the between the parties, with each party take about it. right to citizenship if they have done limited to 1 hour and each Member There are important opportunities to well with their education or serve in other than the majority and minority concentrate on what’s important, such the military. leaders and the minority whip limited as people who are dealing with drugs, I’m pleased to see all of these dif- to 5 minutes each, but in no event shall pose security threats, and who are ferent pieces of legislation that would debate continue beyond 11:50 a.m. criminals. Wasting resources on a scat- bring a measure of rationality and fair- f tershot effort on people who are here ness gaining support. The most impor- just to work or to be with their fami- tant thing we can do is return to that IMMIGRATION lies is not particularly a wise use of re- spirit of bipartisan cooperation that The SPEAKER pro tempore. The sources, and it doesn’t make us any was exhibited by the late Ted Kennedy Chair recognizes the gentleman from safer. and, by the way, how JOHN MCCAIN Oregon (Mr. BLUMENAUER) for 5 min- It’s past time to deal with the mil- used to be, before he ran for reelection utes. lions of people who are already here in today’s Arizona, because they were Mr. BLUMENAUER. Mr. Speaker, and part of the fabric of our commu- sponsoring comprehensive immigration with the unfortunate Arizona State im- nities. Often, they are with families reform. They didn’t rely on half a migration law under review by the Su- that include children who are citizens dozen pieces of legislation, but really preme Court, it’s an appropriate time and other family members who are looked at the problem holistically for to take a step back and look at the big citizens as part of an extended family. the people involved, for the commu- picture. Mexico is exhibiting some of It’s not just the members of those ex- nity, and for the country. They would the demographic changes taking place tended families that rely on one an- have a thoughtful path to citizenship around the world that are seen in the other; America relies on these millions that people could earn, not being most extreme forms in places like of people, as the Alabama legislature granted amnesty but by paying taxes, Japan and Italy, where birth rates are found out with draconian efforts to try learning the language, demonstrating a falling, their populations are aging, and deal with illegal immigrants—and clear commitment to what it takes to

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 23:40 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.000 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2138 CONGRESSIONAL RECORD — HOUSE April 26, 2012 be a constructive part of the commu- 10 million people living within 50 miles issues, hoping that we can improve the nity. of those reactors, I can tell you that quality of life of not only Americans, Comprehensive immigration reform nuclear security is extremely impor- but people around the world. is what ultimately will help us unwind tant to Pennsylvanians. Obviously the First, we have to clean up our house. this problem, save money and heart- nuclear waste is not that important to And so I express outrage of the actions ache, and get about the business of him since he has been silent on Yucca of two former TSA workers—TSO offi- building a stronger American future Mountain. cers and two present TSO officers. for all our families. Senator TOOMEY is quoted as saying All of us can fall short because we are human, but the outrage of partici- f the alternative is what we have now, highly active radio waste located at 131 pating in drug trafficking right here in YUCCA MOUNTAIN sites in 39 States, including nuclear the United States as an official of the The SPEAKER pro tempore. The power plants close to the Lehigh Val- United States Government should be Chair recognizes the gentleman from ley. That cannot be as safe and secure condemned by all of us, and I will call Illinois (Mr. SHIMKUS) for 5 minutes. as burying the waste deep in Yucca for immediate hearings to ensure that Mr. SHIMKUS. Mr. Speaker, I come Mountain. I would agree with the Sen- the culture of TSO officers, besides their frontline duty, is to respect the to the floor again, as I have in the past ator. job and the task. As a champion of 2 years, to talk about the location of Senator MANCHIN from West Virginia, their work, believing that their work is high-level nuclear waste around this who is relatively new, has been silent vital to the security of this Nation and country and compare and contrast it on what we should do with the high- the fact that we have not been at- with where we have high-level nuclear level nuclear waste. Part of this proc- waste, mostly spent nuclear fuel, but tacked on our soil since 9/11, I call for ess is to identify that and hopefully immediate investigation and response. other types defined as waste, and com- have him come out in a statement. pare it to where it should be based This morning, as well, we determined Senator ROCKEFELLER voted ‘‘no.’’ His that the Secret Service, who finished upon a 1982 law, the Nuclear Waste Pol- statement is, nuclear energy is touted icy Act and the 1987 amendment to quickly an investigation of the Colom- by its proponents as a carbon-free op- bian debacle dealing with sex workers, that law which identified Yucca Moun- tion that should have its share of the tain as the location where we should be prostitutes, we now have discovered Nation’s electricity generation ex- through a contractor that, in fact, ac- storing high-level nuclear waste. panded. Today we go to the Pennsylvania and tions occurred in El Salvador. We West Virginia areas, and we compare b 1010 thought it might not be the culture. But let’s own up and begin, as nec- Yucca Mountain with a nuclear power Yet we have never figured out what essary, to purge those who are reckless plant called Limerick. At Yucca Moun- to do about the permanent storage and in their behavior. Thank you to the tain, currently there is no nuclear human health and safety concerns re- men and women of the Secret Service waste on site. At Limerick, there are garding high radioactive waste with a who have always done their duty. But 1,143 metric tons of uranium spent nu- half-life measured in tens of thousands to the dastardly deeds of these who clear fuel on the site. At Yucca Moun- of years. That’s where I very much dis- think it’s a playground: Get out now. tain, the waste would be stored, if it’s agree with the Senator, because the There is no tolerance for this kind of there, a thousand feet underground. At Federal Government has spent 20 years behavior. Limerick, you can see waste is stored and $9 billion studying Yucca Moun- Let me move immediately to the aboveground in pools and casks. That’s tain. Unprecedented 100 million-year work in Syria. I was the first Member above ground. projections were completed showing to go to the Syrian Embassy to ask for If it was stored in Yucca Mountain, it Yucca’s safety. There is no safer place the fall, or the removal, of Dr. Assad, would be a thousand feet above the in the entire United States for nuclear and we have been moving along while water table. Why is that? Well, Yucca waste than Yucca Mountain. others have been slaughtered. Meetings Mountain is in a desert, so that’s why So, then, I’ve been doing a tally and discussions at the U.N. National the water table is very, very low. Well, across the country of the Senators and Security Council, a special envoy—‘‘do at Limerick, the waste is stored 20 feet where they stand as of today. We have this and do that’’—while women and above the groundwater. 48 who support Yucca Mountain and children are being slaughtered, it is Finally, Yucca Mountain is 100 miles high-level nuclear waste; 18, we don’t time for there to be a stronger state- from the Colorado River. Limerick is know. Hopefully, they’ll get a chance ment on the removal of Dr. Assad and on the Schuylkill River 40 miles from to cast a vote. And we have 20 who are the increase in U.N. peacekeepers. The Philadelphia. Yucca is about 100 miles ‘‘no.’’ In the filibuster world that oper- people need your help in Syria. The from Las Vegas, Nevada. The impor- ates in the other Chamber, you know bloodshed continues and the fear is in- tance of this is just to address with we really need 60. We’re very close. In surmountable, almost. It is necessary Fukushima Daiichi, and nuclear waste, fact, if 12 of these 18 undecideds are on behalf of their human rights to be and some difficulties we’ve had, and ‘‘yes,’’ there should be no reason why able to move quickly in Syria. public policy being as defined by law. we would allow Senator REID and the As the Supreme Court has discussed The question is, why do we still have President of the United States to block the Arizona law, I hope that we can nuclear waste in Pennsylvania right further development and movement to bless America by having comprehen- outside Philadelphia, and why don’t we take all of our high-level nuclear waste sive immigration reform. I hope we can have it underneath a mountain in a and store it safely in a mountain in a understand that there are laws that desert? desert. work well. Just helping a Korean stu- The answer is—I know it would shock f dent who was shot in my jurisdiction people—politics here in Washington, whose father was denied entry because QUALITY OF LIFE ISSUES OF THE especially in the other Chamber, not of his language and didn’t understand, DAY complying with the law, along with an he now has been granted humanitarian administration that is in league with The SPEAKER pro tempore. The parole. Let’s have comprehensive im- those who have blocked a final sci- Chair recognizes the gentlewoman from migration reform so that we don’t have entific study for Yucca Mountain. Texas (Ms. JACKSON LEE) for 5 minutes. States who are stopping families who What I have been doing is going around Ms. JACKSON LEE of Texas. Yester- are U.S. citizens in the streets of Ari- and looking at the senators from the day, the guest chaplain asked that the zona, profiling them because of this States around the nuclear power plants House of Representatives be blessed dastardly law, that we don’t have po- that I have been addressing. and that each Member of the House of lice officers having to become immi- Where do they stand individually? Representatives be blessed. In our op- gration officers while they need to be Well, Senator CASEY, a relatively new portunity to be free in our expression rescuing people and saving people. Senator, has really been silent on that, of religion, I ask that each of us bless Let’s do the decent thing. Let’s bless although he has said, as a Senator from this Nation. For that reason, I set this America and have comprehensive im- a State with 9 commercial reactors and morning to discuss just a series of migration reform.

VerDate Mar 15 2010 23:40 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.020 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2139 Then, of course, the Senate is debat- players to be successful women when On the anniversary of Israel’s inde- ing the issue of the Violence Against they hang up their jerseys. We will re- pendence, Americans continue to stand Women Act, an act that as a new Mem- member her legacy at UT for two side by side with Israel as it pursues ber of Congress I had the pleasure of things: winning games and, most im- peace and security for its people and, both cosponsoring and writing amend- portantly, graduating players. Every yes, for its region. ments as a member of the House Judi- Lady Volunteer—every Lady Volun- I pray for the peace of Israel and its ciary Committee, and it is sad that we teer—who finished their eligibility at people and for all the people of that have a divide on the Violence Against the University of Tennessee graduated troubled region. And I know the strong Women Act that has bipartisan sup- from college. That is a statistic to bonds between our nations will endure port. This House should take up the cheer about. Coach Summitt has dedi- for generations to come. Those futures Leahy bill immediately as it passed the cated her career and her magnificent were what we worked so hard to make Senate. Do you realize how many journey to the great game of women’s possible for thousands and thousands. women are being killed a day, an hour, basketball and to the student athletes f because of the domestic violence that she has championed. INTERNATIONAL WOMEN OF this particular act helps to outreach, This week, we have welcomed Coach COURAGE provide resources, counseling and op- Summitt and her son, Tyler. They’ve portunities to be able to nurture those been here in D.C. with us this week as The SPEAKER pro tempore. The women and to be able to ensure that we have saluted her career and as we Chair recognizes the gentleman from they are safe? cheer her as she now coaches millions Illinois (Mr. DOLD) for 5 minutes. As a former board member of the of volunteers in fighting Alzheimer’s Mr. DOLD. Mr. Speaker, in March, Houston Area Women’s Center that has and early onset dementia. the United States recognized 10 women been a living example of protecting Thank you, Coach Summitt, for lead- who were risking their lives to bring women against dastardly violence and, ing by example both on and off the about justice in their countries. These of course, men who are subjected to do- court. women were honored in the United States as the 2012 International Women mestic violence, it is, unfortunately, a f form of an epidemic in this country, as of Courage and visited Congress to we have seen with bullying. We have to b 1020 share their stories and give a voice to be able to bless America and have peo- ISRAEL INDEPENDENCE DAY the people of their countries who have nowhere else to turn. ple turn internally. Let them seek The SPEAKER pro tempore. The help. But why stall the passage of the I had the privilege of meeting with Chair recognizes the gentleman from each of these women and listening to Violence Against Women Act which, in Maryland (Mr. HOYER) for 5 minutes. fact, will provide the nurture, comfort, their stories and learning more about Mr. HOYER. Ladies and gentlemen of their fight to end human rights abuses and resources and the national state- the House, 64 years ago, the State of ment that we abhor and stand against and to make the world a better place. Israel was born out of the hope of a I was impressed with their strength, violence against women and others who generation and on the heels of history’s are being impacted violently against their courage, and want to share some darkest human tragedy. Notwith- of their stories with you here today so this Nation. standing the many grave challenges As a Member who stood along Chair- that we can continue to speak up for that it has faced since that day and those who have no voice. man Hyde many years ago, the late still in our time, Israel has achieved a Chairman Hyde, the chairman of the Maryam Durani is from Afghanistan. thriving economy, a strong national At age 27, she is the director of Wom- House Judiciary Committee, a Repub- defense, and an important role as a lican who stood alongside of us to say en’s Association for Culture and speaks member of the family of nations. out for the rights of women and girls in he stands with legislation to protect Israel’s existence itself is a powerful women, get the Senate to do its busi- Kandahar province. Her life has been symbol of the Jewish people’s resolve threatened numerous times, and yet ness and let the House do its business. never again to permit its sons and Let us bless America. she continues to fight for women in Af- daughters to face the threat of persecu- ghanistan and has started the only fe- f tion or genocide. On my many visits to male-focused radio station in the na- HONORING COACH PAT HEAD Israel, I have witnessed the triumph of tion. She received the International SUMMITT a dream—a beautiful dream that sus- Women of Courage Award for ‘‘striving The SPEAKER pro tempore. The tained the Jewish people for 2,000 years to give a voice to women through the Chair recognizes the gentlewoman from and that has been fulfilled through the power of media, government, and civil Tennessee (Mrs. BLACKBURN) for 5 min- blossoming of a desert, the emergence society.’’ utes. of Israel’s high-tech economy, and the Pricilla de Oliveira Azevedo is from Mrs. BLACKBURN. Mr. Speaker, I freedoms of speech, press, and religion Brazil. She is 34 and serves as the Gen- rise today to offer my praise to one of for its citizens of every faith. eral Coordinator for Strategic Pro- Tennessee’s true living legends. Israel continues to impress the world grams for the Rio de Janeiro State Sec- Born in Clarksville, Tennessee, in with her achievements in business, retariat of Public Security. She is one Tennessee’s Seventh Congressional Dis- technology, sports, the arts, and the of the most senior officers in the Police trict, Coach Pat Head Summitt paved defense of human rights. They are even Pacification Units in her country and the way for women athletes at more remarkable when considering the has worked to end drug-dealing oper- Cheatham County High School and very real dangers Israel faces in the ations in Brazil. She arrested a gang of then at the University of Tennessee- form of terrorism, regional instability, criminals who had once kidnapped her Martin. She was an exemplary student and the threat from Iran. and is working with the state and local athlete, and today the gym at UT-Mar- For Americans, Israel’s peace and se- governments to improve conditions tin is named in her honor. curity has always been an important throughout Brazil. She received this She took the reins at the University national interest of the United States award for ‘‘integrating previously of Tennessee in 1974, and she has led of America. As President Obama has marginalized populations into the larg- the Lady Vols to an unprecedented 31 made very clear, our countries will er Rio de Janeiro community.’’ consecutive NCAA Tournament appear- continue to work closely together to Zin Mar Aung is from Burma. At age ances. In her time as a coach, she has prevent a nuclear-armed Iran. Not only 36, she is a democratic activist who was coached 12 Olympians, 20 Kodak All- do the United States and Israel share a former political prisoner and was Americans, and 77 All-SEC performers. common interests; we also share com- held for 11 years because of her efforts After 1,098 career wins over 38 seasons, mon values. Democracy, equal oppor- to promote democracy, women’s em- Pat Head Summitt is the all-time tunity, human rights, and a yearning powerment, and conflict resolution in winningest coach in NCAA basketball for peace are the ideals we hold in our Burma. She received this award for history. hearts, and together we have worked ‘‘championing democracy, strength- Pushing excellence both on and off for 64 years to defend them and pro- ening civil society, and empowering in- the court, Coach Summitt prepared her mote them. dividuals to contribute meaningfully

VerDate Mar 15 2010 23:40 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.021 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2140 CONGRESSIONAL RECORD — HOUSE April 26, 2012 to the political transformation of Mr. Speaker, I want to just simply In short, we need to implement Burma.’’ say that these women act as a role SMART Security, the strategy that Jineth Bedoya Lima is from Colom- model for all women across the coun- I’ve spoken of from this spot hundreds bia and at age 38 is an investigative try, across the world; and we must of times since 2004. SMART Security journalist. While on assignment, she stand up for women’s rights. would replace our military surge with was repeatedly raped and left in a f a civilian surge. It would put humani- Dumpster. She was left in this Dump- tarian aid in front and center. It would SMART SECURITY: A STRATEGY ster by her attackers and told that emphasize development and diplomacy THAT INVESTS IN AFGHANISTAN they were sending a message to the Co- instead of invasion and occupation. AND ITS PEOPLE lombian press. Since that horrific at- It would mean, in place of troops and tack, she has spoken out against sexual The SPEAKER pro tempore. The weapons, we send experts with tools violence and has become a role model Chair recognizes the gentlewoman from and resources to rebuild Afghan infra- for women in Colombia. She was given California (Ms. WOOLSEY) for 5 min- structure, hospitals, and schools. It this award for ‘‘her unfailing courage, utes. would mean investing in programs to determination, and perseverance fight- Ms. WOOLSEY. Mr. Speaker, last improve maternal health and child ing for justice’’ all around the globe. weekend, the United States Govern- mortality. It would mean a focus on de- Hana Elhebshi is a 27-year-old archi- ment and Afghanistan reached a stra- mocracy promotion and rebuilding tect from Libya who contributed to the tegic agreement to define the terms of civil society in Afghanistan. It would proper documentation of the violence the relationship between our two coun- also mean shifting the emphasis to during the revolution in her country. tries in the near-term future. peace-building, conflict prevention, First of all, this agreement affirms She also is an advocate for women’s and human rights education. rights in her country and received this that our combat troops will not leave This approach would save lives. It award for ‘‘courageous advancement of Afghanistan until 2014, which is far too would promote peace. It is a superior the cause of freedom of expression and slow a timetable. Don’t we have counterterrorism and national security promotion of women’s rights during enough evidence right here after 10- strategy. It will keep the American times of conflict and transition in plus years that we’re not making people safe. It will advance our values Libya.’’ America safer with this war, we’re not in a way that a decade of war clearly Aneesa Ahmed is from Maldives and minimizing the terrorist threat, and has not. founded Hope for Women. She advo- we’re not bringing stability and secu- We can’t wait until 2014, Mr. Speak- cates for ending gender-based violence rity to Afghanistan? er. We need a SMART Security ap- in Maldives and has served as the Dep- How much more will Americans be proach in Afghanistan, and we need it uty Minister of Women’s Affairs. She asked to sacrifice? How many more now. And we need to start by bringing received this award for ‘‘courageous ad- tens of billions in taxpayer dollars will our troops home. vocacy of women’s rights and protec- be wasted when we have so many needs tion from domestic violence.’’ right here at home? How many more f Shad Begum is 33 and is from Paki- Americans have to come home in a cas- HONORING OUR COUNTRY’S stan. She is a courageous human rights ket? How many more will take their VETERANS activist. She provides political train- own lives because the mental health The SPEAKER pro tempore. The ing, microcredit information and more distress of serving in a combat zone be- Chair recognizes the gentleman from to women in her country. There have comes too much? How many more have South Carolina (Mr. DUNCAN) for 5 min- been numerous attempts to end her to spend the rest of their lives in a utes. life, but she remains committed to ad- wheelchair, or without a limb or limbs, Mr. DUNCAN of South Carolina. Mr. vancing women’s rights and even won a because of injuries suffered in an im- Speaker, I rise today in honor of our local office in her country. She re- moral and unnecessary war? country’s veterans, and I want to begin ceived this award for ‘‘fearlessly cham- briefly by mentioning an organization pioning Pakistani women’s political b 1030 that helps veterans that was recently and economic rights.’’ Believe me, Mr. Speaker, there is not Samar Badawi is from Saudi Arabia a minute to waste. Now is the moment brought to my attention, Patriot Out- and at 31 monitors human rights in her to end this war and bring our troops reach, a nonprofit organization to as- country. She is the first woman in home. sist our military with getting the help Saudi Arabia to file a lawsuit against The meeting this weekend does, how- they need to deal with the trauma as- the government demanding that ever, show the importance of a plan sociated with aspects of military serv- women have a right to vote. She won going forward, a plan that will define ice. You can learn more about that at this award for ‘‘demonstrating signifi- the terms of our engagement with Af- PatriotOutreach.org, and I think cant courage in her activism while be- ghanistan after the war is over. they’re doing a great service for our coming a champion in the struggle for I’ve always said that ending the mili- veterans. women’s suffrage and legal rights in tary occupation does not mean aban- Benjamin Disraeli once said that Saudi Arabia.’’ doning Afghanistan. The question is, ‘‘the legacy of heroes is the memory of Hawa Abdallah Mohammed Salih is what form will our partnership take? a great name, and the inheritance of a from Sudan and is a human rights ac- And on that question, the agreement great example.’’ In our country, some tivist. Forced to flee Darfur, she lived signed this weekend provides very lit- of our greatest heroes are veterans, in- in an internally displaced persons camp tle guidance. dividuals who answered our Nation’s and has since spoken out against According to The Washington Post, call to protect and defend our freedom. human rights abuses in these very in fact, and I’ll quote them, they say: Our veterans are one of our Nation’s camps and has advocated for women’s ‘‘The specifics of the U.S. commitment greatest treasures and, as such, our rights in her country. She has been to Afghanistan have yet to be formally country has given them a firm promise. persecuted by the Government of outlined.’’ Because of their willingness to protect Sudan and forced to flee her country. Then The Post adds that ‘‘the docu- us with their service, when their serv- She received this award for ‘‘giving a ment provides only a vaguely worded ice ends, we promise to take care of voice to the women and children of reassurance, leaving many to guess at them. But, unfortunately, if you talk Darfur.’’ what the U.S. commitment means in to veterans today, they don’t believe Safak Pavey is a member of the Par- practice.’’ that our government is living up to liament in Turkey and is the first dis- Well, Mr. Speaker, we need more their promises. abled woman elected to Parliament in than a guess. We need a clear strategy When we made the commitment to her country. She is working to em- for investing in Afghanistan and it’s take care of our troops when they re- power the disabled, women, and mi- people. And while a lot of the talk has turned home, we never said anything norities in Turkey. She received this been about continuing to shore up Af- about making them jump through award for ‘‘her personal dignity and ghan security forces, we need a much hoops or navigate a complicated bu- courage.’’ more comprehensive approach. reaucracy. We promised our veterans

VerDate Mar 15 2010 23:40 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.006 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2141 the Moon and, instead, have failed, in DISCRIMINATORY VOTER ly, and other at-risk voters, such as the many instances, to provide them with IDENTIFICATION LAWS poor, who are unlikely to have the the most basic of care. The SPEAKER pro tempore. The technical kinds of ID that these pieces As of March 16 this year, the Colum- Chair recognizes the gentleman from of legislation demand. bia, South Carolina Regional Office of Georgia (Mr. JOHNSON) for 5 minutes. After the spotlight has started to the Veterans Administration had over Mr. JOHNSON of Georgia. Mr. Speak- shine on ALEC, they have come out 21,927 pending cases, with an average er, today I rise to talk about the dis- publicly and said, Okay, we’re going to wait time of 232 days. criminatory voter ID laws that are un- get out of the public policy business. Survivor benefits for veterans’ democratic and simply un-American. They’re not going to not write any spouses can take between 10 and 18 The American Legislative Exchange more model legislation like the Florida months to be disbursed, and sometimes Council, also known as ALEC, has long ‘‘shoot first and ask questions later.’’ even longer, depending on the health been a secretive collaboration between They’re not going to introduce any status of the beneficiary. big business and conservative Tea more of that type of legislation. They also have announced they’re going to My office is currently assisting a Party Republican politicians serving in this Nation’s State and Federal legisla- shut down their Public Safety and constituent who contacted us because Elections Task Force, which is the he has had 12 claims pending before the tures. ALEC’s goal is to advance the special interests of large corporations committee that produced the voter VA, which date all the way back to suppression legislation. 2004. Another constituent has had her and the super-rich and wealthy by any means necessary. That’s a good thing. But the damage claims delayed over 18 months because has already been done, and we’re going she’s been told by the VA that they Yesterday, I discussed how ALEC has fiendishly and unabashedly produced to have to remain vigilant about this don’t have medical records. Now, this group, this shadowy group, ALEC, this is despite the fact that she’s already legislative policy that degrades our air and water quality and wrecks our envi- unholy alliance between Tea Party Re- sent the VA her medical records twice publican legislators and big business. by certified mail. ronment. Last week, I outlined how ALEC has infiltrated our criminal jus- We’ll have to keep our eyes open. I’ll Unfortunately, claims aren’t the only tice system by producing legislation have more to talk about in the coming backlog facing the VA. Veterans are that stimulates higher and higher lev- days. also facing delays in seeking medical els of incarceration, to the benefit and f attention. A lack of doctors and ineffi- to the surging profits of the private JONATHAN FRANK DAVIS ciency in the system have forced some for-profit prison industry. veterans to have to wait months to re- And if that wasn’t enough, with 194 The SPEAKER pro tempore. The ceive medical care. days left until the general election, Chair recognizes the gentleman from Mr. Speaker, to put it simply, the VA ALEC has been working hard to sup- Georgia (Mr. WESTMORELAND) for 5 isn’t clicking and ticking. Despite the press the votes of the most vulnerable minutes. best intentions of VA personnel to de- in our society. ALEC has met with its Mr. WESTMORELAND. Mr. Speaker, liver a high level of service and care to corporate allies and right-wing State I’ve come to the floor this morning our veterans, too many of our former officials behind closed doors to pro- with great sadness but also with a servicemen and -women are falling mote legislation to suppress the votes great sense of pride to honor the serv- through the cracks. of likely Democratic voters. ice of a Georgia hero, Private First In the Third District of South Caro- By making it more difficult for peo- Class Jonathan Frank Davis. lina, we recently created an advisory ple to exercise their right to vote, On March 29, 2012, Jonathan gave the committee composed of retired mili- ALEC’s model voter ID act grants an ultimate sacrifice in Kandahar prov- tary veterans to provide insight into electoral advantage to Republicans, ince, Afghanistan, while supporting Op- some of the problems that they’re fac- while undermining the right of individ- eration Enduring Freedom. ing today. Their view is not that the uals to vote. Jonathan was the son of Reverend law needs to be changed necessarily, In addition, ALEC has worked to and Mrs. Kerry Davis of Griffin, Geor- but that the spirit of the law is not make it easier for corporations to par- gia. His mother, Tracey, described him being followed. Veterans were promised ticipate in the political process. Their as tenderhearted, a tenderness that ex- certain benefits and, in too many Public Safety and Elections Task tended to both his peers and animals. cases, they are still waiting to receive Force promotes model legislation that His heart was so large that they now them. would disenfranchise millions of vot- have numerous pets running around their home due to Jonathan not being In addition to the mounting pile of ers, devastate campaign finance re- form, and allow for greater corporate able to turn away a single stray. problems regarding veterans services, His nurturing and giving nature was I’m deeply concerned that veterans will influence in elections. Mr. Speaker, it has injected these one of the things that was loved most be negatively impacted by the imple- about him. As a child, Jonathan always mentation of ObamaCare. The clear corrosive laws into our States, and they have spread like untreated cancer. stood up for his classmates who were goal of the Obama administration’s un- being bullied, and many of Jonathan’s conditional and unconstitutional Bills based on ALEC’s model legisla- tion have already been introduced in 34 peers remember that he was the first to health care law is to begin lumping our come to their defense. He was willing servicemen and -women into the bu- States and passed in many of those States. to give his shirt off his back to help reaucracy of ObamaCare. Not only do I others and was always concerned about think that this breaks a promise made b 1040 the well-being of everyone around him, to our veterans, but I’m afraid it will Voter suppression comes in many especially those less fortunate. make an already bad situation worse. forms, from new voter ID laws to elimi- Jonathan was playful and strove to In conclusion, Mr. Speaker, we can nating Election Day registration to re- make others happy, either by playing do better; and for the sake of our living stricting voter registration drives by funny pranks on them or with his un- heroes, we must do better. Let us not community groups to reducing the forgettable smile that could light up a forget the promises that we’ve made to number of days for early voting and room. Jonathan attended Griffin High our veterans, and let us not just honor limiting the number of days for voter School, where he played soccer, and our veterans with our words, but let’s registration. There is no doubt that after graduation, he, like myself, mar- also honor them with our actions. ALEC is directly tied to the prolifera- ried his high school sweetheart. Her Thank you. May God bless our troops tion of these voter ID laws in the name is Kristen. in the field, those here at home. May States’ legislatures. Kristen is expecting their first child, God bless those who have served our These policies are not about pre- and Jonathan talked all the time of country in uniform, and may God con- venting fraud in the voting process. how excited he was to become a father. tinue to bless the United States of This legislation is solely about He carried the sonogram of baby Ben- America. disenfranchising minorities, the elder- jamin in his wallet everywhere he went

VerDate Mar 15 2010 23:40 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.008 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2142 CONGRESSIONAL RECORD — HOUSE April 26, 2012 and couldn’t wait to teach their baby prosecutions, convictions, or punish- DEE COOK—CHILD ADVOCATES OF boy soccer. ments. FORT BEND COUNTY Jonathan’s unwavering courage, huge Proposal one: elevate cases of rape The SPEAKER pro tempore. The heart, and strong Christian faith are and sexual assault to higher-ranking Chair recognizes the gentleman from the reasons why he answered his call- officials in the chain of command. Mili- Texas (Mr. OLSON) for 5 minutes. ing to join the Army. He was assigned tary commanders today told me that Mr. OLSON. Mr. Speaker, I rise today to the 4th Squadron, 73rd Calvary Regi- many are already having them handled to recognize Dee Cook, a distinguished ment, 4th Brigade Combat Team of the by colonels and captains, yet this does leader in my home community of Fort 82nd Airborne Division at Fort Bragg, not result in more prosecutions. I be- Bend County, Texas. For over 40 years, North Carolina. He was pursuing a lieve the cases have to be handled by Dee has given her time and her energy medical career after the Army and, an impartial office within the military to help with the children of Fort Bend having already completed part of his but outside the chain of command. County, in part through her commit- EMT and paramedic training, was on ment and support of Child Advocates of Proposal number two: establish a the path to attending medical school. Fort Bend County, which fights on be- special victim’s unit in each service of Jonathan was part of a scout group half of abused and neglected children. the military. These units have been in sweeping an area in Afghanistan and Dee has served as the grant officer of place in the Army since 2009. I’m im- doing what he does best—protecting the George Foundation since 1988. The pressed with the training program that others—when his group came under George Foundation contributes to is offered to the various members of enemy fire and he suffered fatal many worthy causes throughout Fort the investigation and prosecution with- wounds. At only age 20, Jonathan was Bend County, and Dee has played a piv- in the Army. But again, we have not taken from us much too soon. On April otal role in making sure the generosity seen an increase in prosecutions, con- 7, the First Assembly of God Church in of the foundation is directed to causes victions, or punishments as of yet. Griffin, Georgia, celebrated the life of that help our communities the most. Jonathan, and he was laid to rest by Proposal three: create a centralized However, it is her generous contribu- his close family and friends. database of these proceedings and tions through the George Foundation I am proud to stand before you and cases. This is a good thing. It’s already to Child Advocates of Fort Bend Coun- honor the life of PFC Jonathan Davis required in the Department of Defense ty that bring me to the floor today. and thank him for his dedicated service as a result of the NDAA 2009. By contributing her time, energy and to our country. His endless generosity So for all intents and purposes, all of resources, Dee has enabled Child Advo- cates to serve over 8,000 children and brave spirit are among the many these initiatives are already in place to throughout Fort Bend County. Under reasons he will be missed so much by some extent. The problem is the chain her leadership, Dee Cook has helped all who had the privilege to know him. of command, and let me explain. teach the staff and volunteers to be Joan and I extend our deepest sym- Claudia Castillo, an Army corporal better leaders, more effective program pathy to the friends and family of Jon- whose attempts for justice back in 2003 managers, and to achieve the dream of athan, and we will never forget his and 2004 were thwarted repeatedly by helping the most vulnerable children in great sacrifice for our Nation and those commanding officers, including a high- our communities in ways we never that allow us to live free every day. ranking lieutenant colonel, all of thought possible 20 years ago. Her con- Jonathan, until we meet again some whom were unmoved by her reports of tributions are helping children and, in day, thank you, Brother. sexual assault and harassment. turn, are strengthening our commu- f Corporal Castillo was on combat de- nities and neighborhoods. On their be- STOP MILITARY RAPE ployment in Iraq when she awoke to a half, she has given a voice to those who fellow specialist on top of her sexually desperately need one. The SPEAKER pro tempore. The Dee’s efforts to build philanthropic Chair recognizes the gentlewoman from assaulting her and using force. She was in shock and screamed until he left. leaders do not stop with Child Advo- California (Ms. SPEIER) for 5 minutes. cates. She has also started an annual 8- Ms. SPEIER. Mr. Speaker, I rise She immediately reported the assault to her platoon sergeant, who responded month Leadership for Nonprofit Excel- again for the 19th time to highlight the lence course to teach the rising stars of epidemic of rape and sexual assault in with a lack of surprise or concern. He advised her to wait while he ‘‘looked Fort Bend County the skills they need the military. to harness and grow Fort Bend’s strong By the military’s own figures, 19,000 into it.’’ He did not have any advice for how she could get help or go forward. nonprofit community. Most impor- sexual assaults and rapes occur each tantly, she has led a cooperative effort Corporal Castillo also encountered year, but only 13 percent of the mem- between the George Foundation and several incidents of harassment, stalk- bers of the military actually report the Sugar Land Chamber of Commerce them. ing, and erratic behavior by a much to create Youth in Philanthropy, the Last week, I met with Secretary of older staff sergeant. She would wake YIP Team. The YIP Team is 100 Fort Defense Leon Panetta, along with my up to find him standing by her bed Bend County high school juniors and colleagues, to discuss DOD’s new report while she slept. Her reports to com- seniors who spend a school year seeing of data on rape and sexual assault in mand were greeted by ridicule and not how volunteerism and philanthropy co- the military. The report shows a slight taken seriously. exist to serve our Fort Bend commu- increase in reports of rape and assault nity. At the end of the school year, the but a startling decrease in the number b 1050 YIP Team will put their knowledge to of charges brought against reported the test by awarding monetary grants Command discretion empowers a perpetrators. With a decrease in to nonprofits—life changing, indeed. charges came a significant decrease in commander to decide if the case goes I commend Dee Cook for a lifetime of prosecutions, in punishments, and in forward to a court-martial. Even if service to Fort Bend County. I simply convictions. The numbers, frankly, are very high-ranking commanders are in want to say to Dee, on behalf of the very discouraging. charge of these cases, captains and people of Fort Bend County, thank When I left the meeting, I was only colonels are not shielded from the con- you. Fort Bend County would not be pleased about one thing. Secretary Pa- flicts of interest that exist in the chain the county that we all know and love netta and I agreed that the only way to of command. without Dee Cook. solve this problem is with an increase Victims should have the benefit of In closing, Dee’s love for Fort Bend in prosecutions. We agree on the re- impartiality by objective experts, County will be on display tonight at sults to be achieved, but for right now, which is why my bill, H.R. 3435, at- Constellation Field as Fort Bend’s new we do not agree on the steps to achieve tempts to do that. We need to overhaul pro-baseball team, the Sugar Land it. the current military justice system, Skeeters, has its first home game. I After our meeting, Secretary Panetta and I will continue to tell stories like join Dee and the people of Sugar Land announced new initiatives, but DOD’s Corporal Castillo’s until military jus- and Fort Bend County in saying, Go three major proposals will not increase tice means justice for all. Skeeters.

VerDate Mar 15 2010 00:40 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.010 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2143 STUDENT LOANS For the veterans in Lake Charles, a help these victims nor the authoriza- The SPEAKER pro tempore. The mobile clinic providing primary care tions based on best practices on how we Chair recognizes the gentlewoman from services is expected to begin June 4, need to change VAWA in order to meet California (Mrs. CAPPS) for 5 minutes. and the selection of a location is under the needs of women. Mrs. CAPPS. Mr. Speaker, we all way. This will be a first for our vet- Our colleagues across the Capitol in know if Congress doesn’t come to- erans in Lake Charles who have had to the Senate are on the cusp of passing a gether soon, interest rates on student travel far to get basic care. According bipartisan VAWA reauthorization bill loans will double on July 1. Rates will to the VA officials, the Veterans Af- that contains these provisions to go from 3.4 percent to 6.8 percent. fairs’ clinic primary care services will strengthen our ability to combat not Right now in our country, student be available in Lake Charles 3 days per only domestic violence, but also sexual loan debt is higher than credit card week also beginning June 4. Women’s assault, dating violence, and stalking. debt. This is a huge challenge and bar- services will be provided 1 day per week And I’m so proud to say that right here rier facing students, their families and in Lake Charles beginning then as well. on this floor, 1 month ago, I introduced our economy. We cannot have our grad- We need to do more, and we’re going a companion bill to the Senate legisla- uates leaving school with crushing to do more. These are all very impor- tion that contains these badly needed debt. It limits the careers they can tant services the veterans of south updates to reflect the input of numer- pursue, and we certainly don’t want Louisiana deserve after sacrificing so ous stakeholders and lays a path for- young people shying away from con- much for our country. They should not ward for VAWA. The vision is to protect all victims, tinuing their education because they have to wait any longer for this very no matter what their gender, sexual know they’ll never be able to afford it. much needed medical care. Expediting orientation, immigration status, or We must keep open the doors of oppor- this process must remain a top priority whether or not they reside in sovereign tunity for all and, in the process, for the VA. territories or in States. These updates produce a well-educated workforce Having cared for veterans in the VA have garnered criticism from our col- that’s going to grow our economy. system during my medical career, I leagues on the other side of the aisle But, if Congress doesn’t act soon, know localized, personalized out- that offer fundamental, simple rights more than 7 million low- and middle- patient facilities and care are best for that ought to be guaranteed by the income students nationwide will be re- our veterans. This is a critical priority for our area. This is the least we can do 14th Amendment. quired to pay more for their student For example, this bill would recog- loans. This would mean adding thou- for those who have fought on behalf of our country, and I am committed to nize the tribes’ authority to prosecute sands of dollars to a college bill, and non-Indians or Indians who abuse their that’s why I am a proud supporter of ensuring that this unnecessary VA mistake does not repeat itself in the American Indian spouses or dating legislation to address this issue. I sup- partners on tribal lands. Fifty-two per- port ending some of the lavish sub- future. I will continue demanding ac- countability from the VA leadership on cent of women who are beaten, bat- sidies we give to extraordinarily profit- tered, raped, or stalked on tribal lands able oil companies and using that this and on other issues. I will continue to be the leading advocate for local are not prosecuted because tribes have money to keep student loan rates from no authority. And on tribal lands, doubling and, at the same time, reduc- veterans as we work to improve health care for our veterans in Lafayette and there is no follow-up and no prosecu- ing our deficit by billions of dollars. tion. We must get our priorities straight. Lake Charles and in the surrounding communities of south Louisiana. The bill would also provide equal op- We should be investing in our students portunity for areas that are in tradi- and bringing down our deficit instead God bless those who have served our country. God bless America. tionally underserved areas, including of handing over taxpayer dollars to those who have barriers because of f some of the richest corporations in the their religion, gender identity, or sex- world. I urge my colleagues to join in VIOLENCE AGAINST WOMEN ACT ual orientation. It’s absurd to say that this effort. The SPEAKER pro tempore. The because you are a homosexual that you f Chair recognizes the gentlewoman from don’t deserve protection from being beaten, stalked, or raped. And, of VA COMMUNITY-BASED Wisconsin (Ms. MOORE) for 5 minutes. course, the Hippocratic Oath would OUTPATIENT CLINICS Ms. MOORE. Mr. Speaker, I come humbly to the well today, under the ‘‘E have us scoop up a person who may be The SPEAKER pro tempore. The Pluribus Unum,’’ to ask that there be lying in the street, hit by a truck. We Chair recognizes the gentleman from swift bipartisan action in reauthorizing don’t ask people for their immigration Louisiana (Mr. BOUSTANY) for 5 min- the Violence Against Women Act. papers in order to intervene in a life- utes. VAWA’s authorization, of course, saving intervention. Why would we de- Mr. BOUSTANY. Mr. Speaker, I re- lapsed at the end of the last fiscal year, mand this of immigrant women? cently received the first monthly up- on September 30, 2011. We have got to ensure a more com- date from the U.S. Department of Vet- prehensive response to the continuing erans Affairs since the announced b 1100 problem of enforcement, reporting, and delays associated with the Lafayette Unfortunately, for every day that services for victims of sexual assault. and Lake Charles VA Community- passes by, women pay the price. The In spite of the strides we have made based Outpatient Clinics. VA Secretary annual National Census of Domestic toward a new and improved VAWA, Eric Shinseki’s office followed through Violence Services—a daily snapshot just yesterday the House Republicans on my request for detailed monthly up- taken every year by the National Net- put their so-called ‘‘clean’’ reauthor- dates of the progress the VA is making work to End Domestic Violence—found ization bill on the floor. Let me tell with regard to these clinics in both La- that in one 24-hour period in the you this: it’s clean, perhaps, because fayette and Lake Charles. The errors in United States, over 67,000 victims were we don’t want to sully our hands deal- the contracting process were solely the served through emergency shelters, ing with the beaten, stalked, murdered, VA’s fault, and they’ve admitted it. I transitional housing, counseling, legal and bullied butch-batterers, because we will remain vigilant in overseeing the advocacy, and more. Over 22,000 hotline don’t want to deal with homosexuality. expedited process to deliver south Lou- phone calls were answered and over We want clean reauthorization, a isiana veterans the local care they 26,000 people participated in domestic sleight of hand that keeps immigrant need and deserve. violence prevention and education women in the shadows and keeps their I am pleased to announce that there training. pain and their battery and their vic- are new and much-needed services for For all these people who are served, timization in the shadows and makes veterans coming to Lafayette in early unfortunately, in the same 24-hour pe- them invisible. We’re actually sanc- May. These services include home- riod, there are nearly 11,000 unmet re- tioning the abuse that occurs on tribal based primary care, imaging and x ray quests for services because these pro- lands and providing a sanctuary for as- services, prosthetics and dental care. grams neither have the resources to sailants who commit these crimes on

VerDate Mar 15 2010 00:40 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.012 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2144 CONGRESSIONAL RECORD — HOUSE April 26, 2012 native lands by not providing this au- MESSAGE FROM THE SENATE are limiting their options, and most thority to tribal nations. A message from the Senate by Ms. people don’t even know it. I urge my Republican colleagues to Curtis, one of its clerks, announced These companies are telling doctors what drugs they can prescribe, limiting work together with House Democrats that the Senate has passed without access to pharmacy patient care, and to craft a truly bipartisan update of amendment a bill of the House of the they’re telling customers what phar- VAWA. following title: macies they can go to. That’s not fair f S. 1789. An act to improve, sustain, and to patients. With the pending merger of transform the United States Postal Service. RECESS two of the biggest PBMs, one company The message also announced that The SPEAKER pro tempore. Pursu- will control three-quarters of the pri- pursuant to section 5 of title I of divi- ant to clause 12(a) of rule I, the Chair vate insurance market. This leaves us sion H of Public Law 110–161, the Chair, declares the House in recess until noon with even less competition, higher on behalf of the Vice President, ap- today. prices, and fewer choices. points the following Senator as Vice Accordingly (at 11 o’clock and 5 min- That’s why I support the Medicare Chairman of the U.S.-Japan Inter- utes a.m.), the House stood in recess. Pharmacy Transparency and Fair Au- parliamentary Group conference for diting Act. This bill will ensure that f the One Hundred Twelfth Congress: PBMs are transparent and fair when b 1200 The Senator from Alaska (Ms. MUR- dealing with local pharmacies, and it KOWSKI). will help make sure the Medicare part AFTER RECESS f D prescription program works for sen- The recess having expired, the House iors. It will be an important step in was called to order by the Speaker pro ANNOUNCEMENT BY THE SPEAKER protecting pharmacy choice for pa- tempore (Mr. FLEISCHMANN) at noon. PRO TEMPORE tients. f The SPEAKER pro tempore. The f Chair will entertain up to 15 requests PRAYER for 1-minute speeches on each side of SUGAR REFORM The Chaplain, the Reverend Patrick the aisle. (Mr. PITTS asked and was given per- mission to address the House for 1 J. Conroy, offered the following prayer: f Eternal God, we give You thanks for minute and to revise and extend his re- giving us another day. Lead us this day YUCCA REPOSITORY BILL marks.) in Your ways that our Nation might be (Mr. WILSON of South Carolina Mr. PITTS. Mr. Speaker, last week, guided along the roads of peace, jus- asked and was given permission to ad- liberal MSNBC host Ed Schultz found tice, and goodwill. dress the House for 1 minute and to re- himself agreeing with the Heritage Grant strength and wisdom to our vise and extend his remarks.) Foundation and Mitt Romney. What Speaker and the Members of both the Mr. WILSON of South Carolina. Mr. issue could possibly unite liberals and people’s House and the Senate, to our Speaker, in 2002, Yucca Mountain was conservatives? The answer is: sugar re- President and his Cabinet, and to our approved as the location for our Na- form. You see, sugar farmers and sugar Supreme Court. tion’s nuclear repository, which was processors benefit from a Federal sugar Bless as well the moral and military previously authorized by Congress in program that fixes prices and guaran- leaders of our country, and may those 1987. In 2010, sadly, the President tees their profits. Indeed, Schultz who are the captains of business, indus- placed party politics over the interests noted that one of the biggest proc- try, and unions learn to work together of the American people and began the essors, American Crystal Sugar, makes toward the mutual benefit of all, walk- wasteful process of stopping the $1.5 billion in revenue and pays its CEO ing in the ways of righteousness and project. Consumers in South Carolina have $2.4 million a year in compensation. working for the highest good of our be- While Schultz is, probably, mostly paid over $1.3 billion for the establish- loved land. concerned about a labor dispute be- ment of a national nuclear repository Grant us the courage to develop a tween American Crystal and its work- at Yucca Mountain. In order to estab- sound energy program for the good of ers, I hope he will also consider the lish accountability and to protect the all, and may our people respond with many other workers in sugar-using in- people living in the Second Congres- willing hearts to make that program dustries. The Federal program inflates sional District of South Carolina, I work. the price of sugar in the U.S., placing have introduced the Yucca Utilization Bless us this day and every day, and American sugar users at a severe dis- to Control Contamination Act. This may all that is done within the peo- advantage to their foreign competi- bill gives the administration two op- ple’s House be for Your greater honor tion. In the last 15 years, more than tions: first, certify the Yucca Mountain and glory. 100,000 workers in sugar-using indus- project or, second, face fines to reim- Amen. tries have lost their jobs. f burse consumers across the Nation who I’ve been proud to work with Con- have paid for its opening. THE JOURNAL gressman DANNY DAVIS to reform this The President constantly talks about program and to make it fair for every- The SPEAKER pro tempore. The fairness. It is only fair that the people one. Democrats and Republicans, lib- Chair has examined the Journal of the of South Carolina receive the services erals and conservatives agree that the last day’s proceedings and announces they have already paid for with hard- government shouldn’t be guaranteeing to the House his approval thereof. working taxpayer dollars promoting corporate profits at the expense of Pursuant to clause 1, rule I, the Jour- jobs. workers and consumers. I hope the Ag nal stands approved. In conclusion, God bless our troops, Committee will reform the sugar pro- and we will never forget September the f gram as we deal with the farm bill. 11th in the global war on terrorism. f PLEDGE OF ALLEGIANCE f HORSE SLAUGHTER The SPEAKER pro tempore. Will the PATIENTS DESERVE CHOICE gentleman from New York (Mr. HIG- (Ms. SCHAKOWSKY asked and was GINS) come forward and lead the House (Ms. CHU asked and was given per- given permission to address the House in the Pledge of Allegiance. mission to address the House for 1 for 1 minute.) Mr. HIGGINS led the Pledge of Alle- minute.) Ms. SCHAKOWSKY. Mr. Speaker, I giance as follows: Ms. CHU. Patients deserve choice rise today about a serious issue: horse I pledge allegiance to the Flag of the when selecting the right prescriptions slaughter. United States of America, and to the Repub- and pharmacies for them, but powerful, A recent poll confirms what many of lic for which it stands, one nation under God, unregulated middlemen, known as us already know: 80 percent of Amer- indivisible, with liberty and justice for all. pharmacy benefit managers, or PBMs, ican voters are opposed to slaughtering

VerDate Mar 15 2010 00:40 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.014 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2145 horses for human consumption. Re- victims of crimes is truly amazing, and Yesterday, we learned that an official gardless of gender, political affiliation, I am grateful for their commitment to at the Environmental Protection Agen- or whether they live in urban or rural helping the children that need it the cy based in Dallas used the Roman Em- areas, Americans oppose this awful most. pire to illustrate the kind of philos- practice. April is recognized as National Child ophy that he’s followed at the EPA. The last U.S. horse slaughterhouses Abuse Prevention Month. Unfortu- Here’s what he said: were closed in 2007 but, despite public nately, sexual abuse of children is still The Romans used to conquer little villages opposition, Congress recently restarted a serious problem in our country, and in the Mediterranean. They’d go into a little horse meat inspections, paving the way too many cases go unreported. Turkish town somewhere, they’d find the for slaughterhouses to reopen. That’s My colleague from California and I first five guys they saw, and they would cru- why we need to pass the American have introduced H.R. 3486, the Speak cify them. And then you know that town was Horse Slaughter Prevention Act, which Out to Stop Child Abuse Act, which really easy to manage for the next few years. would prohibit the sale and transport would require States that receive Fed- That’s exactly what he did as an EPA of horses for slaughter in the United eral funding under their Child Abuse official, going after a company that States, as well as prohibit their trans- Prevention and Treatment Act to have was safely using hydraulic fracturing port across the borders to Canada and a law on the books that makes it a to drill for gas. He led the charge to Mexico. The passage of this critical bi- criminal penalty for any adult who crucify this company with no proof partisan bill would save the lives of ap- knowingly fails to report the sexual that the company had done anything proximately 100,000 American horses abuse of a child. wrong in a case that was finally dis- H.R. 3486 simply asks States to help exported for slaughter each year. missed last month by a Federal court. by requiring adults who witness the Horses have a special place in our Na- This is enviro-fascism at its worst; sexual abuse of a child to report it. I tion’s history and folklore, and they and if someone needs to be made an ex- want to thank Congresswoman BASS are not raised for food. This bill would ample of, it’s this EPA official who dis- for introducing this legislation, and I make sure that these majestic crea- regarded science and facts to radically also recommend all of my colleagues tures are treated with the respect and and negligently pursue the Obama ad- help support this, also. dignity they deserve. It should be ministration’s war on energy. passed now. f f f CHILD ABUSE PREVENTION VA DISABILITY CLAIMS (Ms. BASS of California asked and b 1210 (Mr. MCNERNEY asked and was was given permission to address the given permission to address the House SUPPORT FOR ISRAEL House for 1 minute.) for 1 minute.) Ms. BASS of California. Mr. Speaker, (Mr. DEUTCH asked and was given Mr. MCNERNEY. Mr. Speaker, I rise I rise today to recognize April as Na- permission to address the House for 1 to discuss issues affecting veterans tional Child Abuse Prevention Month. minute and to revise and extend his re- throughout California, particularly the marks.) During this month, it is important that we acknowledge the role that we all VA disability claims backlog and inac- Mr. DEUTCH. Mr. Speaker, today is curacy rates at the Oakland regional Israel’s independence day, Yom play in promoting the social and emo- tional well-being of children in our office. Ha’azmaut, and I recognize our great A Vietnam veteran from my district, ally’s many achievements over the past communities. Unfortunately, through- out this congressional term, we’ve been like many others across the country, is 64 years. astonished by a few high-profile child suffering from stage 4 lung cancer Israel has endured against all odds, sex abuse cases; and in some situa- caused by exposure to Agent Orange. against border attacks, against deniers tions, the abuse was unreported for He made great sacrifices to defend our of a right to exist, against inter- years, leaving dozens of youth vulner- country, but waited for more than a national bias; and even in the face of able to further maltreatment for dec- year for the Oakland office to process the threats posed by Iran’s nuclear am- ades. This is unacceptable. Adults his claim. bitions, Israel valiantly strides for- should never turn a blind eye after see- My office was able to help him, but ward. ing sexual abuse firsthand. such delays are unacceptable. Unfortu- Israel is a world hub for bio- Sadly, failing to report child sexual nately, long waits have become the technology, for medical research, green abuse is not new. In 1999, Sherrice norm for veterans in northern Cali- energy and innovation, and she is also Iverson, a 7-year-old girl from Los An- fornia. With more and more veterans a welcoming home to those seeking geles was attacked in a restroom. A returning from Iraq and Afghanistan, freedom and equal rights as the re- witness didn’t stop the attack or even it is imperative that the VA take ac- gion’s only true democracy. call for help. She was ultimately mur- tion now to address the backlog in So as we celebrate Israel’s independ- dered. Fortunately, California enacted Oakland. ence day, let’s remember why our a law in her name to help ensure this While I welcome the news that the bonds run so deep. It’s more than stra- never happens again. entire staff at the facility will be re- tegic cooperation or shared security. At the end of 2011, Representative trained, much more is needed. I call on It’s the values that Americans and BOBBY SCHILLING and I introduced a the VA to implement a concrete plan Israelis share. For democracy and free- similar bill here in Congress. The bi- to address the inaccuracies and delays dom, for basic human dignity, that’s partisan Speak Out to Stop Child at the Oakland office. Our region’s and what forms the bond; and it’s a bond Abuse Act requires all adult witnesses Nation’s veterans deserve no less. that I will always work to protect and to report child sexual abuse to law en- f support. forcement or Child Protective Services. STUDENT LOANS f I ask my colleagues to cosponsor this bipartisan bill. (Mr. HIGGINS asked and was given NATIONAL CHILD ABUSE permission to address the House for 1 f PREVENTION MONTH minute.) (Mr. SCHILLING asked and was EPA Mr. HIGGINS. Mr. Speaker, I rise to given permission to address the House (Mr. FLEMING asked and was given discuss an important issue to young for 1 minute and to revise and extend permission to address the House for 1 America: that’s access to affordable his remarks.) minute.) higher education. Mr. SCHILLING. Mr. Speaker, a few Mr. FLEMING. Mr. Speaker, the EPA Young Americans today are grad- months ago I had the opportunity to is out to get you and crucify you. uating college with a degree but also visit the Children’s Advocacy Center in That’s the message from one of Presi- with $25,000, $50,000, and $100,000 in stu- my hometown of Rock Island, Illinois. dent Obama’s EPA appointees to our dent loan debt. Thirty-seven million The work that they do there to help country’s oil and natural gas compa- people have outstanding student loan children and their families that are nies. debt totaling over $1 trillion. Two-

VerDate Mar 15 2010 01:06 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.016 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2146 CONGRESSIONAL RECORD — HOUSE April 26, 2012 thirds of the debt held by Americans League, and they’re competing in the tect our future, the future generations, under the age of 30 is student loan World Festival in St. Louis this week. be statesmen and not worry about to- debt. I send them my best wishes. morrow’s election. In 2007, a Democratic Congress cut I’m inspired by the Girl Scouts, and I f the interest rate on student loans in rise to honor all the work that the Girl NATIONAL DAY OF PRAYER half to 3.4 percent, but it is set to ex- Scouts have done over 100 years, and I pire this summer, and allowing the in- wish them success for the next 100 (Mr. MCINTYRE asked and was given terest rate to double would constitute years. permission to address the House for 1 minute and to revise and extend his re- a tax hike on students in middle Amer- f ica. marks.) STUDENT LOAN REFORM In my western New York district Mr. MCINTYRE. Mr. Speaker, I rise alone, this rate increase would affect (Ms. EDDIE BERNICE JOHNSON of today for the observance of the Na- 62,000 students and their families. I Texas asked and was given permission tional Day of Prayer, which will take urge my colleagues to take immediate to address the House for 1 minute.) place next Thursday, May 3. This tradition began under President action on this issue because all Ameri- Ms. EDDIE BERNICE JOHNSON of Eisenhower and continued through cans deserve a fair shot at a good edu- Texas. Mr. Speaker, in a global econ- peacetime and wartime, through times cation. omy, putting a college education with- in reach for every American has never of prosperity and times of uncertainty, f been more important, but it has also and demonstrates our commitment as b 1220 never been more expensive. a Nation to maintaining a foundation of prayer. LET’S HELP THE STUDENTS Our Nation’s young people have been hit particularly hard over the eco- Through prayer, we acknowledge (Mr. DEFAZIO asked and was given nomic downturn in the last several that God gives us peace in the midst of our circumstances, we seek the wisdom permission to address the House for 1 years. In Texas and all across the coun- to know and act upon God’s purpose for minute.) try, students and recent college grad- our lives, and we feel the power of God Mr. DEFAZIO. Mr. Speaker, the uates are now facing the highest unem- to protect and provide for those of us House Republicans want to play poli- ployment rate of any other group. Two- who call on His name. We know that tics on the issue of doubling the stu- thirds of the class of 2010 graduated the true source of power cannot be dent loans. They say, well, the reduc- with an average of $25,000 of student found here in the Halls of Congress or tion in student loan interest rates was loan debt. Young Americans are right- in the Oval Office in the West Wing or never supposed to be permanent. Guess ly concerned about their future, and so in the chambers of the Supreme Court, what. The Bush tax cuts, which I voted am I. but only on our knees before the one against, for millionaires and billion- Mr. Speaker, on July 1 of this year, who is the true source of power. aires were never supposed to be perma- Stafford loan interest rates are set to So may we pray not only next Thurs- nent either, but you’re fighting to pre- double unless Congress takes action. day on the National Day of Prayer and serve them every step of the way. As we sit here as a Congress, we need join communities across this Nation We can do one simple thing here. If to work together to prevent this in- which are joining in prayer for our we raised the tax rate on income over crease. I, along with my Democratic country, but may we do so also in $350,000 only from 35 to 36 percent, we colleagues in Congress and President honor and in recognition of our na- could give millions of students a more Obama, have been working on a num- tional motto, ‘‘In God we trust.’’ In- affordable education with lower inter- ber of efforts to make college more af- deed, may God bless this great Nation. est rates. Those who have already fordable. made it would share a little bit of the f f burden to help those who want to be RESPECT AMERICA’S PROTECTING OUR FUTURE the next generation of business leaders CONSTITUTIONAL RIGHTS and political leaders and scientists for (Mr. COHEN asked and was given per- (Ms. HAHN asked and was given per- our country. mission to address the House for 1 mission to address the House for 1 Come on, guys. The millionaires and minute and to revise and extend his re- minute.) billionaires, they can take care of marks.) Ms. HAHN. Mr. Speaker, we must themselves. That wasn’t supposed to be Mr. COHEN. Mr. Speaker, the best hold the government accountable for permanent. Let’s help the students. thing Members of Congress can do to the safekeeping of the sensitive infor- f represent their constituents well is to mation that we choose to share with it. stay in touch. GIRL SCOUTS In response to a number of privacy Today we had another teletown hall concerns I have with the Cyber Intel- (Mr. HOLT asked and was given per- in my district, and we listened to sen- ligence Sharing and Protection Act, I mission to address the House for 1 iors be concerned about Social Secu- sought to encourage more government minute.) rity and Medicare. They wondered why accountability by cosponsoring a bipar- Mr. HOLT. Mr. Speaker, a century the Ryan budget takes away from them tisan amendment with Congressman ago Juliette Gordon Low assembled 18 and why would Social Security and WOODALL that was offered to the Rules girls from Georgia for the first Girl Medicare, which are good for so many Committee yesterday addressing some Scout meeting. From ‘‘Daisy’’ Low’s years to come and not the cause of the of these concerns. start, 50 million people have been deficit, why their future health care Under the current bill, the threshold counted among the ranks of the Girl expenses and their daily expenses are for having a cause of action against the Scouts of the USA, and today there is being threatened. Those are good ques- government for disclosing personal in- a membership of more than 3 million. tions, and I let them know that the formation is exceptionally hard to Today, Girl Scouts are involved in Democrats in this Congress and in the meet. Our amendment would have low- much more than cookies. I’ve had the Senate aren’t going to allow that to be ered this threshold, ensuring that the privilege to see their wonderful com- jeopardized. We are going to maintain government treats highly sensitive and munity service projects, have attended Social Security and Medicare as we personal information it receives with award ceremonies, and I know about know it. It’s so important. the utmost care. their work to introduce girls of all ages For the young people—and I see one While this amendment was a great to math and science. up there. The young people, Mr. Speak- example of Democrats and Republicans Recently, I had the opportunity to er, need to see that student loan rates coming together on an issue that all spend time with members of the Girl stay at 3.4 percent and not the way the Americans care about deeply, unfortu- Scouts from West Windsor in Republicans are going to do it and pay nately, the Rules Committee chose not Plainsboro, New Jersey. Their robotics for it by taking away cervical cancer to move it forward. team placed first in the Eastern Penn- screenings and mammograms for While I believe it is important to pro- sylvania Division of the FIRST LEGO women. That’s wrong. We need to pro- tect our country against impending

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At a constitutional rights. clause 1 of rule XV, relating to the following time when our workforce is so bleak measures: f (a) The bill (H.R. 2096) to advance cyberse- and President Obama’s policies keep curity research, development, and technical digging us deeper and deeper into a fi- PROVIDING FOR CONSIDERATION standards, and for other purposes. nancial hole, we cannot wait on finding OF H.R. 3523, CYBER INTEL- (b) The bill (H.R. 3834) to amend the High- a solution for those young people with LIGENCE SHARING AND PROTEC- Performance Computing Act of 1991 to au- student loan debt who are still trying TION ACT; PROVIDING FOR CON- thorize activities for support of networking to find a place in our workforce. SIDERATION OF MOTIONS TO and information technology research, and for We all know that the Internet has SUSPEND THE RULES; PRO- other purposes. (c) The bill (H.R. 4257) to amend chapter 35 fundamentally changed the way we live VIDING FOR CONSIDERATION OF of title 44, United States Code, to revise re- our lives day-to-day. I think it’s safe to H.R. 4628, INTEREST RATE RE- quirements relating to Federal information say that even 20 years ago, many of us DUCTION ACT; AND FOR OTHER security, and for other purposes. in this room couldn’t have imagined PURPOSES SEC. 3. Upon the adoption of this resolution that one day we would live in a world it shall be in order to consider in the House where we could do almost anything we Mr. NUGENT. Mr. Speaker, by direc- the bill (H.R. 4628) to extend student loan in- tion of the Committee on Rules, I call terest rates for undergraduate Federal Di- wanted, be it buy groceries, run a busi- up House Resolution 631 and ask for its rect Stafford Loans. All points of order ness, or talk to a loved one serving our immediate consideration. against consideration of the bill are waived. country overseas, through a computer. The Clerk read the resolution, as fol- The bill shall be considered as read. All The Internet has made all this possible. lows: points of order against provisions in the bill But for all the ways the Internet has are waived. The previous question shall be made life, business, and even govern- H. RES. 631 considered as ordered on the bill and any ment, to some extent, faster, more re- Resolved, That at any time after the adop- amendment thereto to final passage without sponsive, and more transparent, it has tion of this resolution the Speaker may, pur- intervening motion except: (1) one hour of suant to clause 2(b) of rule XVIII, declare the debate equally divided and controlled by the also opened us up to new threats. U.S. House resolved into the Committee of the chair and ranking minority member of the companies report an onslaught of Whole House on the state of the Union for Committee on Education and the Workforce; cyberintrusions that steal sensitive in- consideration of the bill (H.R. 3523) to pro- and (2) one motion to recommit. formation. Even our own government vide for the sharing of certain cyber threat SEC. 4. The Committee on Appropriations has suffered from cyberattacks. This intelligence and cyber threat information may, at any time before 6 p.m. on Wednes- type of rampant Internet theft not between the intelligence community and cy- day, May 2, 2012, file privileged reports to ac- only costs American companies valu- bersecurity entities, and for other purposes. company measures making appropriations The first reading of the bill shall be dis- for the fiscal year ending September 30, 2013. able information, intellectual prop- pensed with. All points of order against con- erty, and research and development sideration of the bill are waived. General de- b 1230 work, it also costs American workers bate shall be confined to the bill and shall The SPEAKER pro tempore (Mr. their jobs. It’s hard to say exactly how not exceed one hour equally divided and con- FORTENBERRY). The gentleman from much cyberattacks cost our Nation’s trolled by the chair and ranking minority Florida is recognized for 1 hour. economy, but they could cost as much member of the Permanent Select Committee Mr. NUGENT. Mr. Speaker, for the as $400 billion a year, according to one on Intelligence. After general debate the bill purpose of debate only, I yield the cus- report from the Computer Security In- shall be considered for amendment under the five-minute rule. In lieu of the amendment tomary 30 minutes to the gentleman stitute and the FBI. in the nature of a substitute recommended from Colorado (Mr. POLIS), pending Today, the House will begin consider- by the Permanent Select Committee on In- which I yield myself such time as I ation of a bill that will help protect telligence now printed in the bill, it shall be may consume. During consideration of our Nation from these kinds of threats. in order to consider as an original bill for the this resolution, all time yielded is for H.R. 3523, the Cyber Intelligence Shar- purpose of amendment under the five-minute the purpose of debate only. ing and Protection Act, would allow rule an amendment in the nature of a sub- GENERAL LEAVE private companies to voluntarily share stitute consisting of the text of Rules Com- Mr. NUGENT. Mr. Speaker, I ask information with each other and with mittee Print 112-20. That amendment in the the government in a sort of public-pri- nature of a substitute shall be considered as unanimous consent that all Members read. All points of order against that amend- have 5 legislative days to revise and ex- vate Internet security partnership. The ment in the nature of a substitute are tend their remarks. bill includes significant safeguards to waived. No amendment to that amendment The SPEAKER pro tempore. Is there protect personal and private informa- in the nature of a substitute shall be in order objection to the request of the gen- tion. It significantly limits the Federal except those printed in the report of the tleman from Florida? Government’s use of that information Committee on Rules accompanying this res- There was no objection. that the private companies voluntarily olution. Each such amendment may be of- Mr. NUGENT. Mr. Speaker, I rise provide, including the government’s fered only in the order printed in the report, today in support of this rule, House ability to search data. may be offered only by a Member designated Resolution 631. The rule provides for It requires that the independent in- in the report, shall be considered as read, shall be debatable for the time specified in consideration of multiple pieces of leg- spector general for the intelligence the report equally divided and controlled by islation meant to provide solutions to community audit information shared the proponent and an opponent, shall not be some of today’s most pressing threats with the government and report the re- subject to amendment, and shall not be sub- and concerns. House Resolution 631 en- sults to Congress to ensure regular ject to a demand for division of the question sures that we’ll be able to have a ro- oversight. It also encourages the pri- in the House or in the Committee of the bust debate on important issues facing vate sector to make the information it Whole. All points of order against such our Nation’s cybersecurity infrastruc- shares with others, including the gov- amendments are waived. At the conclusion ture while also providing the path for- ernment, as anonymous as possible. of consideration of the bill for amendment This is a strongly bipartisan piece of the Committee shall rise and report the bill ward for student loan legislation that to the House with such amendments as may reflects quick action we need to take legislation, Mr. Speaker, that was have been adopted. Any Member may de- on this pressing issue. passed out of the Intelligence Com- mand a separate vote in the House on any First, House Resolution 631 gives this mittee with an overwhelming vote of amendment adopted in the Committee of the House the opportunity to be a leader 17–1. In the Rules Committee yester- Whole to the bill or to the amendment in the when it comes to our Nation’s cyberse- day, we heard testimony from both nature of a substitute made in order as origi- curity needs. The rule also sets up the sides, speaking to the cooperative, bi- nal text. The previous question shall be con- opportunity for us to vote tomorrow on partisan work that was done in this sidered as ordered on the bill and amend- a measure that addresses our Nation’s piece of legislation. I commend the ments thereto to final passage without inter- vening motion except one motion to recom- student loan programs. Without this work that the Intelligence Committee mit with or without instructions. legislation, Americans with Federal did with members on both sides of the SEC. 2. It shall be in order at any time student loans will see their rate double aisle, as well as with private sector through the legislative day of April 27, 2012, starting in July. companies, trade groups, privacy and

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This bill received no hearings and order, and even more importantly, we But recognizing that we don’t always no markups by the committee of juris- did have time. This is not an issue that face one problem at a time, this rule diction, and within hours of its being appeared from nowhere. Why has the also provides for consideration of a introduced, it was brought imme- chair of the committee of jurisdiction measure to address student loans. Our diately to the Rules Committee with not been working on this issue for legislation, the Interest Rate Reduc- direction to go to the floor of the weeks or months? While many of us on tion Act, would prevent federally sub- House of Representatives without a our side, including myself, appreciate sidized student loan interest rates on single member of either party having the sudden interest in helping middle new loan disbursements from doubling any opportunity to amend the bill and class families afford college, it would to 6.8 percent from the current 3.4 per- with only 1 hour of debate. be good to do so in a more thoughtful cent on July 1 of this year. This 1-year What is new about this cliff with re- manner that truly addresses the cost measure would cost the government gard to student loan rates? This was a drivers of education. $5.9 billion. well-known fact with regard to the ex- I also take issue with the other un- Now, you all probably heard me talk piration date that, in fact, the Stafford derlying bill, the initial bill that we again and again about bringing our Na- student loan interest rate would in- thought would be debated under this tion back to its core mission. You’ve crease from 3.4 to 6.8 percent. I’ve rule before this other mysterious bill also heard me talk about how we need joined my colleague, Mr. COURTNEY, appeared out of nowhere and came to to cut back on the ‘‘nice-to-haves’’ and who will later address these issues as a the Rules Committee. This was a bill make hard choices of what we will and sponsor of his bill that would address that did follow regular order in the In- won’t pay for. Back when the previous extending the lower student loan rate, telligence Committee, and while a majority passed their health care take- and yet, there had been no interest number of amendments that are mean- over in 2010, they paid for it, in part, by from the committee chair or Repub- ingful are included in this rule, several taking $9 billion from college financial licans with regard to this issue until of the most meaningful amendments aid trust funds. Now that they’ve yesterday afternoon, when a new bill, that truly would have addressed the robbed Peter to pay Paul, they’re real- without the benefit of a markup, was privacy concerns with regard to CISPA izing Peter still needs that money, too. presented in committee and to the are not allowed under this rule. To resolve the problem, the Interest Rules Committee, going completely CISPA asks Americans, once again, Rate Reduction Act pays for this stop- around the committee of jurisdiction. to make a false choice between secu- gap measure by taking some of that Look, there is a legitimate issue rity and liberty. Now, we all agree, on stolen money back from the here. Middle class families are having a both sides of the aisle, Americans in ObamaCare slush fund and redirecting tougher and tougher time affording general, that cybersecurity is an im- it to student financial aid. college for their kids at the same time portant issue that needs to be ad- Sometimes this House has to that a college education is more nec- dressed. That’s why it’s critical that multitask, Mr. Speaker. As we face an essary than ever for young people to we get information-sharing correct. economy that can’t afford to lose any have the skills they need to compete in This bill in its current form before us more jobs to cyberattacks and college the global economy. It’s a serious issue is an unprecedented, sweeping piece of loan recipients who can’t find a job that deserves serious treatment. legislation that would waive every sin- thanks to President Obama’s failed There’s a lot of cost drivers with re- gle privacy law ever enacted in the policies, that is one of those times. gard to education. Some have com- name of cybersecurity. It would even House Resolution 631 provides the mented about a higher education bub- waive the terms of service and would House with a way forward on both of ble that has led to higher and higher supersede the terms of service that these critical measures. tuition rates. Certainly, how the State most American consumers, American With that, I encourage my colleagues and Federal share of higher education people, believe they are entering into to vote ‘‘yes’’ on the rule, ‘‘yes’’ on the funding is targeted and the manner in in a contract with a provider of a Web underlying pieces of legislation, and I which it’s spent absolutely affect tui- site or service of their choice. That in- reserve the balance of my time. tion rates and whether there’s a bub- formation, without any safeguards, Mr. POLIS. I thank the gentleman ble. would be shared with the government. from Florida for yielding me the cus- But instead of a thoughtful approach, As a former tech entrepreneur my- tomary 30 minutes, and I yield myself an approach that looked at drivers of self, I know very well how important such time as I may consume. cost, an approach that looked at out- cybersecurity is. Frankly, it’s some- Mr. Speaker, I rise today in opposi- comes from higher education, and an thing that I’ve never thought we could tion to the rule and the underlying approach that looked at employment rely on the government to do for us, bills: H.R. 3523, the Cyber Intelligence levels pre- and post-higher education, a and I think a lot of tech companies feel Sharing and Protection Act, or CISPA, bill was immediately created and the same way. But that doesn’t mean and H.R. 4628, the Interest Rate Reduc- brought to the floor within a day. that in the effort for expediency we tion Act. Again, there is technically a 3-day rule should give up our privacy rights and that the majority has said that they liabilities to protect online networks. b 1240 would follow. They would give Mem- While I appreciate the efforts the Both bills are being brought to the bers of this body on both sides 3 days to sponsors of the bill have made to im- House under a hyperpartisan, closed consider legislation, but they calculate prove the bill slightly in the direction process that limits debate and discus- 3 days in a very funny way. There were, that people can have more comfort sion that can improve the legislation as far as I know, no Members of this with, they haven’t gone nearly far and allow the House to work its will. body who saw that particular student enough to ensure that customers’ pri- Many of the meaningful amendments loan bill before yesterday afternoon. vate information remains just that, that would have protected privacy Here we are today on the rule, with private. There’s nothing in this bill to under CISPA were not allowed under final passage vote—without any oppor- stop companies from sharing their pri- this rule, and under the Interest Rate tunity to amend—expected to occur vate information with every branch of Reduction Act, no amendments were midday tomorrow. the government, including secret, un- allowed. By most calculations, it sounds like, accountable branches, including the I want to address both of the bills well, less than 3 days. They had maybe military. And allowing the military that are contained in this underlying 6 hours, 7 hours yesterday, 24 today, and the NSA to spy on American citi- rule. First, the Interest Rate Reduc- and maybe 10 tomorrow. It seems like, zens on American soil goes against

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The bill lacks ade- ADERHOLT, Mr. CHAFFETZ, Mr. COFF- whose information they have, who en- quate support and direction for paths MAN, Mr. GOODLATTE, Mr. HURT, Mr. tered a specific terms of service agree- that can actually improve the cyberse- LATTA, Mr. LUNGREN, Mr. MCCAUL, Mr. ment, to have their information shared curity of our Nation: Training in the MURPHY, Mr. STIVERS, and Mr. TERRY. without their consent? In many cases, pipeline for cybersecurity experts, in- Of course, a number of Members have under a terms of service agreement, cluding STEM programs in our K–12 worked on these issues for several the users, in fact, may be the owners of schools in computer science; embed- years, including a number of those I’ve the information. The company that it’s ding cybersecurity in computer just mentioned, as well as Mr. LAN- hosted on may, in fact, merely be a science; and providing scholarships and GEVIN, Mr. RUPPERSBERGER, people on host or provider. But, again, outside of ways that students can attain the high- both sides of the aisle. any legal process, this gives that com- est levels and enter public service to Finally, I also want to take a second pany, whether it’s hosting or pro- support the cybersecurity of the Na- to thank the staffs of the various com- viding, the ability to share wholesale tion. mittees who have worked on this issue, information that can include health b 1250 as well as Josh Martin and Michael records, that can include firearm reg- Mr. Speaker, there should be an open Seeds of my office, as well as Jen Stew- istration information, that can include rule for both of the underlying bills to art, the Speaker’s national security ad- credit card information, that can in- give Members of this House across the viser, whose guidance on substance and clude account information, and that ideological spectrum the opportunity process was invaluable. Mr. Speaker, we will have ample op- can include political information, with to address the deficiencies in both portunity to debate the merits of the secret government authorities. these bills. Now, we have government authori- Now, we’ve heard from supporters of individual pieces of legislation, but I ties that have the responsibility and the cybersecurity bill that privacy con- think it’s important at the beginning are charged with keeping America safe cerns are overblown. ‘‘Trust us,’’ just to step back and say: Why all this on American soil, namely, the Depart- they’ve said. Republicans say: Trust hubbub about computers? What does ment of Homeland Security and the Big Government bureaucrats. Trust all that mean? FBI. They’ve worked hard over decades anonymous intelligence officers to use Well, I think we should start with to strike a fine balance between pro- that information responsibly. the point that cyber—and that includes tecting our liberties and security. The Well, under this bill, we have no networks that are connected to the military and the NSA are unaccus- choice but to trust them, because the Internet and networks that are not tomed to that balance. That’s why bill imposes no serious limitation on connected to the Internet—but cyber is even within the military many from what corporations or secret govern- deeply ingrained in virtually every DOD have expressed opposition to this ment agencies can do with our private facet of our lives now, from the time bill. Eric Rosenbach, the Deputy As- information. we get up until the time we go to sleep sistant Secretary of Defense for Cyber It’s outrageous to have a closed rule and all the times in between. We very Policy within DOD, said that a civilian on the student loan interest bill—a bill much depend on cyber, and anything agency, and not an agency within DOD, that no Member of this body, Democrat you very much depend on can, and should be responsible for securing the or Republican, has had any oppor- often does, become a vulnerability. domestic civilian Internet. tunity to amend. And it is also out- We know of at least three different According to Mr. Rosenbach: rageous to not allow a full discussion kinds of vulnerabilities these days. It’s almost certainly not the right ap- of the thoughtful amendments brought People can reach through the Internet proach for the United States of America to forth by Members of both parties that and steal information which busi- have a foreign intelligence focus on domestic would remedy some of the very severe nesses, large, medium, and small, have networks, doing something that throughout deficiencies in the cybersecurity bill. produced. It happens every day in this history has been a domestic function. I, therefore, cannot support this rule country. Intellectual property is ripped So, not only will the military and the or these flawed bills, and I reserve the out of the possession of those who NSA be able to receive private infor- balance of my time. produce it. And every time people steal mation if CISPA passes, but they’ll be Mr. NUGENT. Mr. Speaker, I yield 5 information, they cost us jobs; they are able to use it for almost any justifica- minutes to the gentleman from Texas stealing jobs as well. So our economy tion. Now, while ostensibly a cyberse- (Mr. THORNBERRY). is directly affected by the difficulty in curity bill, CISPA allows information- Mr. THORNBERRY. I appreciate the protecting the information that we, as sharing ‘‘for the protection of national gentleman from Florida for yielding to individuals and businesses, store on our security,’’ a broad and undefined cat- me. computers. egory that can include practically ev- I rise in support of the rule and the In addition to that, though, informa- erything under the sun. Is a Tea Party cyber bill that it brings to the floor, as tion can be destroyed on our computers activist a threat to national security? well as the other cyber bills which the or it can be manipulated, or the com- Is a Communist activist a threat to na- House will consider today and tomor- puters themselves can be manipulated tional security? The danger that this row. so that what we intend to do or what can be used for political oppression and Let me begin, Mr. Speaker, by ac- we want to do is not possible. If, for ex- to stifle political speech is very real knowledging the leadership of the ample, you have a lot of bank records under this bill. Speaker and majority leader for set- that are destroyed or other such impor- In addition, because of the immunity ting up a process for a thoughtful ex- tant records, then it can have a huge clauses of this bill, there’s no incentive amination of the many issues related effect on our economy as well as our at all for companies to withhold their to cybersecurity. They recognize that security. customers’ sensitive private informa- not only is it a significant national se- But going beyond stealing informa- tion. Companies are exempted from curity threat, it’s a threat to our econ- tion, destroying information, we now any liability for violating their own omy and to jobs. But at the same time, know it’s possible to reach through the terms of service and sharing informa- what we are trying to protect, at least Internet and other networks to have tion with secret government agencies. 85 to 90 percent of it is owned and oper- physical consequences in the real In fact, given the high compliance cost ated by the private sector. So one has world, to flip a switch, to open a valve. for this sort of sharing, CISPA actually to tread carefully in this area, and we It’s the sort of thing that happened incentivizes companies to dump all of have tried to do so with the limited with the Stuxnet virus in Iran. But their information on the government legislation that is before the House there are physical consequences to so they can take advantage of this today and tomorrow. doing so. So that’s part of the reason

VerDate Mar 15 2010 00:40 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.024 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2150 CONGRESSIONAL RECORD — HOUSE April 26, 2012 that people talk about the electricity that we are protecting not only our these amendments were made in order grid going down, a whole city being computer systems, but also the civil in this rule. poisoned by its water supply, chemical liberties of Americans. As the Obama I share the view of the sponsors of plants releasing emissions that they administration wrote yesterday in op- the legislation that cybersecurity is a don’t intend to release, physical con- position to this bill, ‘‘cybersecurity serious issue that requires congres- sequences. and privacy are not mutually exclu- sional action. I also believe that infor- Real death, potentially, and destruc- sive.’’ mation-sharing is an important piece tion can occur all because of things I am particularly concerned because of responding to the cybersecurity going on the Internet. That’s the rea- this legislation has the potential of ex- threats, though it is, by no means, suf- son a lot of people talk about a cyber posing personal information of cus- ficient alone without other elements 9/11 or a cyber Pearl Harbor. tomers that may be shared both with such as hardening critical infrastruc- I know it’s tempting to think all the government and between compa- ture against cyberattacks. that’s hype, but the truth is that over nies. The Obama administration writes I’m disappointed in the rule because the past decade—and especially over that the bill ‘‘lacks sufficient limita- the problems with the bill are emi- the past couple of years—the number tions on the sharing of personally iden- nently fixable and, in fact, multiple and sophistication of threats has grown tifiable information between private amendments, including my own, were much more rapidly than our ability to entities.’’ submitted that would improve the bill. respond. And it’s especially our laws I offered an amendment to simply re- Yesterday afternoon, the White and policies that have not kept up with quire companies to make reasonable ef- House issued a Statement of Adminis- the growing sophistication of threats. forts to remove information unrelated tration Policy saying the President’s So the bills that we have before us to the cybersecurity threat which can senior advisers would advise him to this week, four of them, try to begin to be used to identify specific persons. veto the bill if it came to him in the take a step to close that gap between Even with this basic standard for com- current form because of the lack of the growing threat and laws and poli- pliance, the big private companies re- protection for civil liberties. As the ad- cies. They don’t solve all the problems, fused to make the effort, and my ministration’s statement said: ‘‘Cyber- they don’t try to, but they are a step in amendment was not made in order. security and privacy are not mutually the right direction. Further, the bill allows the U.S. mili- exclusive.’’ The SPEAKER pro tempore. The tary to directly receive I believe we can and must protect time of the gentleman has expired. cyberinformation on Americans. By al- ourselves from cyberattack and that Mr. NUGENT. I yield the gentleman lowing companies to give information we can and must preserve our privacy. an additional 1 minute, if he needs it. to the NSA or other military agencies, This is eminently doable, but we are Mr. THORNBERRY. I appreciate the this bill threatens the long-held Amer- not there yet. gentleman yielding. ican tradition that the military does My amendment, which was not made I would just point out two other not snoop on U.S. soil against U.S. citi- in order, would have accomplished four things, briefly: zens. So I also offered an amendment tasks. First, it would have made DHS, One is, again, one criticism one hears to require that information to be re- a civilian agency, the primary coordi- is that, well, you don’t solve this prob- ceived only by civilian agencies, ensur- nating agency for information-sharing. lem or that problem, and that is abso- ing a layer of protection between citi- Second, it would require rules to lutely true. These bills, all four of zens and the military. minimize the sharing of personally them, don’t solve all the problems in The SPEAKER pro tempore. The identifiable information. The amount cyberspace. But we shouldn’t let the time of the gentlewoman has expired. of personally identifiable information pursuit of the perfect answer prevent Mr. POLIS. I yield the gentlewoman shared would be the least amount need- us from accomplishing some signifi- an additional 30 seconds. ed to combat the cybersecurity threat, cant steps in the right direction, and Ms. SCHAKOWSKY. Unfortunately, and no more. that’s what these bills do. my amendments, together with all Third, it would narrow the uses of cy- The second point I’d make, as the other privacy amendments, will not be bersecurity information to cybersecu- gentleman from Florida mentioned, is considered today. rity purposes, specific national secu- three of these bills were reported out of rity threats, and certain other serious b 1300 committee by voice vote. The informa- crimes. tion-sharing bill was reported out 17–1. I urge my colleagues to join me in And, finally, it would more specifi- I believe that it has been made better opposing this rule and the underlying cally define cyberthreat information to since then. New protections are there. bill. We can and we will have the op- make sure that we don’t sweep up in- A host of restrictions on how the infor- portunity to do better. formation we don’t intend to and don’t mation can be used and privacy protec- Mr. NUGENT. I continue to reserve need. tions have been added and will be added the balance of my time. In conclusion, amendments like this with the amendments to come. Mr. POLIS. Mr. Speaker, I yield 21⁄2 one would have improved the bill and So I think this deserves the support minutes to the gentleman from Cali- better balanced the need to protect of all Members on both sides of the fornia (Mr. SCHIFF). ourselves against cyberthreats with aisle, and Members on both sides of the Mr. SCHIFF. I thank the gentleman the equal imperative of preserving the aisle should take credit for taking a for yielding. privacy of the American people. step to make our Nation more secure. Mr. Speaker, I rise in reluctant oppo- I am disappointed that the House Mr. POLIS. Mr. Speaker, it’s my sition to this rule and to the under- won’t have the opportunity to vote on honor to yield 2 minutes to the gentle- lying bill in its current form. I greatly those amendments; and, as a result, I woman from Illinois (Ms. SCHA- appreciate the nonpartisan work on the urge a ‘‘no’’ vote on the rule. KOWSKY). issue by Chairman ROGERS and Rank- Mr. NUGENT. Mr. Speaker, I yield 1 Ms. SCHAKOWSKY. I thank the gen- ing Member RUPPERSBERGER. They’ve minute to the gentleman from Texas tleman for yielding. worked in a refreshingly collaborative (Mr. BARTON). I rise today to oppose the rule and fashion on this bill and on the work of (Mr. BARTON of Texas asked and the underlying bill, despite my genuine the Intelligence Committee, generally. was given permission to revise and ex- concern for cybersecurity. Yet, I find I cannot support the bill tend his remarks.) I believe that despite some positive in its current form due to my concerns Mr. BARTON of Texas. Mr. Speaker, changes by the chairman and ranking about its impact on civil liberties and I do rise in support of the rule. I think member it still fails to adequately the privacy of Americans. While the number of amendments that safeguard the privacy of Americans, amendments were submitted to the they’ve made in order is consistent and that is why I am the one that Rules Committee that would address with Speaker BOEHNER’s policy of run- voted against it in committee. these issues, including an amendment I ning an open House. We absolutely can combat the serious jointly submitted with Ms. SCHA- Unfortunately, one of those amend- threat by cyberattacks and still ensure KOWSKY and Mr. HASTINGS, none of ments that was not made in order is

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It would set back the Mr. NUGENT. I continue to reserve threat; but absent explicit privacy pro- privacy rights that our constituents the balance of my time. tection against individuals, to me, that have enjoyed since the beginning of the Mr. POLIS. I yield myself such time is a greater threat to democracy and Internet. as I may consume. liberty than the cyberthreats that face Again, I urge my colleagues to vote Mr. Speaker, if we defeat the pre- America. ‘‘no’’ on the rule and the underlying vious question, I will offer an amend- So unless they pull the bill and they bill. ment to the rule to provide that, im- revise some of the privacy protections, Mr. NUGENT. Mr. Speaker, I con- mediately after the House adopts this I am going to ask for a ‘‘no’’ vote on tinue to reserve the balance of my rule, we will bring up H.R. 4816, Mr. the bill. But on the rule, I do think we time. TIERNEY’s bill, to prevent the doubling should vote for the rule. Mr. POLIS. Mr. Speaker, it is my of student loan interest rates, fully 1 Mr. POLIS. Mr. Speaker, I yield 2 ⁄2 honor to yield 2 minutes to the gen- paid for and then some, reducing the minutes to the gentleman from Mis- tleman from Massachusetts (Mr. MAR- deficit by $7 billion by repealing tax sissippi (Mr. THOMPSON). KEY). giveaways for big oil companies. Mr. THOMPSON of Mississippi. Mr. Mr. MARKEY. This legislation might To discuss our student loan bill, I Speaker, I rise in opposition to this as well be called the Cyber Insecurity yield 2 minutes to the gentleman from rule and the underlying bill. Massachusetts (Mr. TIERNEY). At the beginning of this Congress, ex- Bill because it fails to address the re- ality of cyberthreats already facing our Mr. TIERNEY. I thank the gen- pectations were high for meaningful tleman for yielding. progress on cybersecurity. Speaker Nation. And if this bill had a privacy policy, it would read: you have no pri- Mr. Speaker, it is imperative that BOEHNER even established a task force this House take action to stop the within the Republican Conference to vacy. They would not even allow the Bar- need-based student loan interest rates come up with recommendations. from doubling at the end of June. If we But a funny thing happened on the ton-Markey privacy language to be put defeat the previous question, the House way to Cyber Week. Key Republican in order to debate out here on the will have an opportunity to take up a task force recommendations were House floor. bill that I have filed and introduced abandoned. They abandoned measures Let’s talk about what the bill does that will keep those interest rates at to approve data breach notification not do. Although the bill would allow 3.4 percent for 1 year. laws, formalize DHS’ cyber-role and, the government to tell nuclear power plant operators that a new version of My Democratic colleagues and I rec- more importantly, enhance the cyber- ognize the importance of being fiscally security of critical infrastructure net- the Stuxnet computer worm could cause widespread Fukushima-style responsible, so our bill is completely works. paid for. We pay for it by ending unnec- These omissions from Cybersecurity meltdowns in this country, would this essary tax subsidies for big oil and gas Week were no small matter. We all bill require the industry to take even a companies. These are the same compa- have critical infrastructure in our dis- single step to protect American nu- nies that took home $80 billion in prof- tricts, be it a pipeline, a power plant, clear reactors? No. its last year. Exxon pocketed nearly an airport or even a dam. Would this bill require industry to Top national security officials, both even tell the government what it is $4.7 million every hour. in the Obama and Bush administra- doing to protect against a cyberthreat We have to make choices here in Con- tions, have briefed us on the significant nuclear meltdown? No. gress. Our side of the aisle believes cyberattacks to critical infrastructure. Would this bill require industry to that it is a fair and reasonable choice They have told us that voluntary infor- even tell the government when it had to eliminate an unjustified subsidy to mation-sharing is simply not enough. experienced an actual cyberattack? No. hugely profitable industries so that 7 In fact, the CSIS Cyber Commission, Now, let’s talk about what this bill million students, including some the Republican task force, and NSA Di- would do. Could companies share per- 177,000 in my Commonwealth of Massa- rector Alexander have all said that sonal information about consumers chusetts alone, will not see an increase Congress must do something to with other companies, even if that in- in their student loans. Our side of the proactively address critical infrastruc- formation had nothing to do with cy- aisle believes that encouraging middle ture vulnerabilities. bersecurity? Yes. class students and their families to be But House leadership ignores these Would companies be free from liabil- able to pay for college educations voices. Instead, it has decided that in- ity if they share that personal informa- should be a bigger priority than con- formation-sharing alone is enough to tion of every American? Yes. tinuing tax subsidies for Big Oil. fix the problem. Could the government use personal Now, the other side of the aisle has Mr. Speaker, this boils down to a information to spy on Americans? Yes. been tremendously late to this issue. I simple question: Who do you trust? In this last Congress, FRED UPTON know the presumptive nominee for the Turning to H.R. 3523: What does it and I wrote the GRID Act, which Presidential race has changed his mind do? passed by voice vote on the suspension and has come around to believing that In an effort to improve our cyberse- calendar 2 years ago. this is important—a practice that he curity, this bill would erode the pri- does on a regular basis. They’ve come vacy protections of every single Amer- b 1310 around to the side of knowing that we ican using the Internet. Put simply, It would have said to the Federal En- should keep these interest rates low, this bill would allow any certified busi- ergy Regulatory Commission: Do you and we welcome that; but the fact of ness to share with any government have the authority to mandate grid se- the matter is that they have decided to agency, who can then use this informa- curity standards against an attack make the wrong choice in how we’re tion for any national security purpose coming in from Iran or from China? going to pay for it. and grant that business immunity from This bill does nothing to protect The bill that is expected to come to virtually any liability. None of these against the threat at the electricity the House floor tomorrow includes a amendments authored by the Intel- grid system in this country that could short-term fix for the student loan ligence Committee would change that lead to nuclear meltdowns. This Repub- issue, but it will do it at the expense of truth. lican Congress still refuses to bring up women and children. What is it with Further, the Rules Committee de- the real security we need against a my colleagues on the other side of the cided to block consideration of amend- cyberattack. We have an all-volunteer aisle with the knee-jerk reaction of,

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.028 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2152 CONGRESSIONAL RECORD — HOUSE April 26, 2012 every time they have to do something, ability rates. This isn’t a slush fund; ilies very seriously. It is unconscion- they take a gratuitous swipe at wom- but what they’re asking you to do is to able that this body would be playing en’s health benefits and women’s repeal this fund that goes to commu- politics with our children’s futures. health choices? Their bill would end nities all over this country in order With the same urgency that Repub- funding for breast and cervical cancer that people will have access to this licans rammed through a $46 billion tax screenings for women, and their bill kind of preventative care. cut to millionaires and billionaires, I would end funding for child immuniza- Yes, they’ll say, but you took some am sure we can find a responsible way tions. Their bill makes the wrong and money out of this fund to do the pay- to prevent piling on even more debt on the reckless choice. roll tax reduction for the middle class. our college students. I urge my col- I urge my colleagues to defeat this Yes, but we didn’t repeal the fund. leagues to vote for the defeat of the motion so that we can consider my bill They’re taking $10 billion out of the previous question and to adopt a bipar- for a vote on the floor, a bill that fund and repealing it and putting tisan, bicameral solution that can be makes the right choice, that makes women and children at risk. That’s not quickly signed by the President. sure we keep the rates low, that makes a slush fund, Mr. Speaker. That’s im- Mr. NUGENT. I continue to reserve sure the oil companies get rid of that moral. the balance of my time. subsidy they no longer need or should Mr. NUGENT. Mr. Speaker, I con- Mr. POLIS. I would like to inquire of have. tinue to reserve the balance of my the gentleman from Florida if he has or Mr. NUGENT. I continue to reserve time. is expecting any additional speakers. the balance of my time. Mr. POLIS. Mr. Speaker, I yield 1 Mr. NUGENT. I do not. Mr. POLIS. I yield 2 minutes to the minute to the gentleman from Con- Mr. POLIS. It is my honor to yield 1 minute to the gentlewoman from Cali- gentleman from California, the rank- necticut (Mr. COURTNEY). ing member of the Education and the Mr. COURTNEY. Mr. Speaker, our fornia (Ms. PELOSI), the Democratic leader. Workforce Committee, Mr. MILLER. second President, John Adams, once Ms. PELOSI. I thank the gentleman (Mr. GEORGE MILLER of California said: for yielding and for giving us this op- asked and was given permission to re- Facts are stubborn things, and whatever portunity to talk about a choice we vise and extend his remarks.) may be our wishes or the dictates of our pas- Mr. GEORGE MILLER of California. sion cannot alter the state of facts. have here today. Everybody knows that what is essen- I thank the gentleman for yielding. As to how we got here on the student tial to a democracy is the education of I rise in strong support of the Tier- loan bill, here are the facts. Unlike our children, of investments in the fu- ney motion, the legislation that he and what was stated by the proponent of ture so that people can reach their own Mr. COURTNEY of Connecticut intro- this rule, on January 24, the President personal self-fulfillment and provide duced yesterday in the Congress. of the United States stood on that po- For years now, the Democrats have for their families but, also, so that our dium and challenged Congress to block country can be competitive in the glob- stood on the side of lower interest the increase of rates from 3.4 percent rates for families and for students. We al economy. It is a very important part to 6.8 percent. The Republican major- of the American Dream. have paid for 4 years of that starting in ity has done nothing over the last 3 2007. We took the money and the sub- months to respond to that—no bill, no b 1310 sidies away from the big banks, and we hearing, no markup. In fact, they Democrats believe in imposing lad- recycled that on behalf of students and passed the Ryan budget, which locked ders of opportunity where people can their families in order to lower the cost in the higher rate at 6.8 percent and have the opportunity to succeed if they of college and to make it more afford- doubled down and went after Pell want to work hard, play by the rules, able for those families seeking college Grants for needy students who need take responsibility. educations for their young children. those grants to pay for college. An important rung of that ladder is The fact of the matter is that the Re- The politics has changed. That’s the education. We all know the impact publicans fought that effort. They’re fact. that the GI Bill had on America’s great fighting that effort today. Actually, What happened here, and the Speak- middle class, growing America’s great they were fighting it yesterday, and er’s reversal over the last 24 hours, middle class, the education of our re- they changed their minds. After almost which we welcome, is now being paid turning veterans to our country, ena- a unanimous vote on their budget—the for by a grotesque pay-for which goes bling them to have more education Ryan budget, the Republican budget— after women and children rather than than their parents, and that has been to allow student interest rates to dou- going after the folks who can afford to the way it has always been in our coun- ble, they have now changed their pay for it—the oil companies, the gas try’s history, the enduring theme of re- minds. That’s important. That’s good. companies that made $137 billion in igniting the American Dream. We need to make sure that the rates profits last year. So we have a challenge before us, be- don’t double on July 1. Support the Tierney motion and op- cause the clock is ticking on a July How are you going to pay for that? pose this rule. deadline. At that time, left to the We want it paid for. We don’t want to Mr. NUGENT. I continue to reserve budget of the Republicans, the Ryan- do what they did last week and provide the balance of my time. Republican-Tea Party budget, there $46 billion in tax cuts to the wealthiest Mr. POLIS. It is my honor to yield 1 would have been a doubling of interest Americans and add it to the deficit— minute to my colleague, the gentleman rates from 3.4 percent to 6.8 percent. $46 billion in new deficit spending in 1 from Michigan (Mr. PETERS). We’ve been having this debate for a year. So the Speaker says, well, he’s Mr. PETERS. Mr. Speaker, I am while on how we could stop that dou- just going to take it out of the slush proud to have cosponsored legislation bling from happening. Republicans told fund. Really? The Speaker of the House with my colleagues Mr. COURTNEY and us they were tired of hearing about the thinks that the prevention fund is a Mr. TIERNEY in order to keep student interest rate debate. slush fund? The Speaker of the House loan rates from doubling in 65 days. Until now, thanks to President thinks that birth defects and the fund- Right now, millions of high school Obama taking this issue public so that ing to mitigate birth defects is a slush seniors are deciding where they are the American people understood what fund? Does the Speaker of the House going to attend college. At kitchen ta- was at stake here and that the dou- really believe that a screening program bles across the country, students are bling of interest rates would deprive for women with cervical and breast making decisions that will impact the some people of even going to college cancer is a slush fund? rest of their lives. So, today, I find it and be more costly for many others. In No. This is a matter of life and death hard to believe that Republicans have fact, 7 million students would be af- for young children who get immunized decided to pit public health against fected, and that means at least 20 mil- out of the prevention fund. For women higher education. By introducing this lion people, assuming they have an av- who get this screening, we know what misguided, deeply partisan bill, it is erage of two people in their families. the early detection of breast cancer clear that my Republican colleagues So this has a direct impact on many means for women and their surviv- aren’t taking the responsibility to fam- people in our country. It’s a bread-and-

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.029 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2153 butter issue. It’s a kitchen table issue stead of raising them to 6.8, which is in that’s the position that my friends on where people talk about how they’re the Republican budget. If we cannot do the other side of the aisle have taken, going to make ends meet, and one of that, I urge my colleagues to vote ‘‘no’’ but it’s not true. those ends is the education of their on this ill-conceived, way-out-of-whack You know, yesterday in markup in children. statement of values that we would Energy and Commerce in regards to So all of a sudden Republicans in the make women’s health pay for chil- this pay-for, they talked about a num- House have seen the light. They’re dren’s education when we should be ber of issues in regards to this slush willing to reverse a vote that they took doing both. fund that HHS has. Now, it’s inter- not more than a week ago—100 percent So ‘‘no’’ on the previous question— esting, part of that slush fund comes of them voted for the Ryan budget, we’re not allowed to at least even take out to a partly paid for by the U.S. De- which would allow the interest rates to a vote—‘‘no’’ on the bill, and let’s partment Health and Human Services, double from 3.4 percent to 6.8 percent. admit that we can do better than that. the Department’s Communities Put- Thank God they have seen the light. Mr. NUGENT. I continue to reserve ting Prevention to Work campaign. the balance of my time. Thank you, President Obama, for shed- b 1330 ding some light on this, and now they Mr. POLIS. I yield myself the re- say they’re for stopping that. mainder of the time. It’s $100 million. Part of it was in But how do they want to pay for it? Mr. Speaker, I ask unanimous con- spaying and neutering pets, which I They want to take it from their favor- sent to insert the text of the amend- agree with, but I don’t see how that is ite target—women’s health. I don’t ment of Mr. TIERNEY’s bill into the taking money away from women’s know why it hasn’t dawned on them record along with extraneous material health. If you go on to HHS’ Web site, yet that the health of America’s immediately prior to the vote on the where they actually chronicle the women is very important to the health previous question. spending from this slush fund, not one of America’s families. The SPEAKER pro tempore (Mr. place does it talk about cervical cancer So they want to take the funds from GINGREY of Georgia). Is there objection or breast cancer in regards to the dol- women’s health and then also child- to the request of the gentleman from lars spent. So to stand here on this hood immunizations. That’s very im- Colorado? floor and accuse Republicans of being portant. Immunization of every child There was no objection. against women and women’s health in America is very important to every Mr. POLIS. Mr. TIERNEY’s bill will when the facts don’t back it up—if you other child in America. That’s where not only provide the House, as was pas- go to HHS’ Web site, you will see spe- they want to take the money from. sionately argued by the leader, Ms. cifically where the money has been The motion that we have here today PELOSI, and Mr. TIERNEY, the oppor- spent. Like I said, in one area it is $100 is to say instead of taking the money, tunity to decide between women’s million. The other area that they’ve instead of robbing Paula to pay Peter, health or special tax breaks for oil and gone after is media campaigns as they we should be taking the money from gas companies, but will also reduce the relate to soda, fast-foods, and others. the tax subsidies that go to Big Oil in deficit by $7 billion. The time of record That’s not women’s health. our country. That’s what we should be deficits when restoring the fiscal integ- Mr. Speaker, the Democrats would doing. Isn’t that a better show of what rity of our Nation is critical to our like you to forget that in 2010, they our values are, that we value the competitiveness in job creation. I hope took over $9 billion away from student health of our women and our children? that this House acts boldly by defeat- financial aid. The same argument that To make matters worse, not only are ing the previous question and allowing they’re making today, they took it they suggesting that we take the us to vote on reducing the deficit by $7 away. I wasn’t here in 2010, so it’s kind money from the prevention fund, the billion. of hard to have your cake and eat it, immunization and screening for breast With regard to CISPA, it simply too. When we say robbing from Peter cancer and cervical cancer and other strikes the wrong balance between se- to pay Paul, and now Peter needs the women’s health issues, not only are curity and liberty. Information-sharing money, those are students that need they saying we should take the $6 bil- is important. I think a bipartisan con- the money. Those are students that lion from there, they’re saying we sensus can be reached. And while I ap- can’t afford to pay additional interest should take the additional $5 billion preciate the spirit with which CISPA on loans that they’re already having a that would be left in the account and was offered and members of both par- hard time paying off because they are repeal it. We’re taking twice as much ties worked on it, the bill is so far from trying to find a job. money as we need for the student loan perfect, we need to continue to work on Mr. Speaker, we’ve heard so much bill because we’re going to use this as it and defeat this rule and allow more about cybersecurity today, but remem- an excuse to do away with this preven- amendments. ber that the committee started their tion initiative that affects women’s Any American who values his or her work on cybersecurity over a year ago health so directly. It’s outrageous. We privacy should be concerned by the im- in regards to hearings and working in a prefer tax subsidies for Big Oil rather plications of this bill trusting Big Gov- bipartisan way that produced a bill than the health of America’s women. ernment and secret agencies with our that was overwhelmingly bipartisan, Once again, they’re targeting wom- most personal information. The reality 17–1. In this Congress, that’s pretty dif- en’s health. is that CISPA represents a massive ficult to do. But they saw the need So, I urge my colleagues to vote government overreach in the name of based upon their experience within against the previous question so we security. We need accountability and where we stand today as it relates to will have an opportunity to at least we need oversight. We can’t have secre- threats against our infrastructure, put before the House an alternative tive agencies accountable to no one those people that actually create jobs, that says give us a choice to choose be- with vast powers over American citi- and against our government. tween whether we want to pay for our zens on our soil. Not only have they worked tirelessly young people’s education by removing For these reasons, I oppose the un- amongst themselves, but they reached some of the subsidies to Big Oil or we derlying pieces of legislation. I urge a out to other stakeholders in a way that want to take it out of women’s health. ‘‘no’’ vote on the rule and the previous I believe has been unprecedented in re- The very idea that the Republicans question. gards to trying to craft a bill that, would deny us a vote to do that speaks I yield back the balance of my time. while not perfect, is a step in the right very clearly about how focused they Mr. NUGENT. Mr. Speaker, I’ve been direction. are on targeting women’s health as here now 1 year and 4 months, and I’m This isn’t about government coming something that they want to cut. always amazed at what we hear from in—you heard one gentleman up here So, again, I urge my colleague to the other side. I hear about how this is talking about how government should vote ‘‘no’’ on the previous question, supposed to be an attack on women’s tell businesses what to do. Folks, this which would allow the House to vote health. You know, it’s interesting be- is America. This is about freedom for on a Democratic bill that reduces the cause that’s the position that Presi- businesses. If they don’t act upon infor- interest rates, keeps them at 3.4 in- dent Obama’s taken. I understand that mation, shame on them. It’s not about

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.031 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2154 CONGRESSIONAL RECORD — HOUSE April 26, 2012 government takeover of private busi- some see it on the right. I don’t trust and protecting our students and stu- nesses that tells them how to operate. Big Government decisionmakers to de- dent loans. It is about, though, the ability of gov- cide who is and isn’t a threat to secu- As the President begins his taxpayer- ernment to help formulate the aspect rity. funded college tour, which is really of protecting our cybersecurity. It’s all Mr. NUGENT. Reclaiming my time, I more like a reelection tour, he’s going about that. It’s about sharing of infor- get what you’re saying. But at the end to be talking a lot about student loan mation. It’s about right now the Fed- of the day when you’re trying to say, I debt. Well, he can talk all he wants be- eral Government is precluded from guess, a description in regards to that, cause in this House we’re going to sharing information to help alert those and you say Communists and then you act—and we’re going to do it in a way businesses out there to protect them- say Tea Party, I think it’s pretty clear. that fixes a problem that was a tem- selves. We know about it, and we can’t The Tea Party is not a threat to na- porary fix for 5 years. even tell them. tional security. Communism is and has Well, guess what. We’re going to fix That was one of the inherent prob- been. it again. We’re going to make sure that lems we had back in 9/11, the fact that Mr. Speaker, I support this rule and our students have the ability to get a we couldn’t talk to each other, that encourage my colleagues to support it college education and be able to pay it agencies didn’t talk and share informa- as well. back in a way that they can be success- tion. Now we want to set ourselves up We’re talking about two issues here ful in the future. We’re going to make for a greater catastrophe, one that today that have a lot of bipartisan sure that the ratio of the student loan could bring this Nation down to its agreement. Our Nation’s cybersecurity rates don’t double come this July 1. knees or worse. is just an integral part of our national In Washington-speak, to a lot of peo- You heard about regular order or not security as a whole. It’s part—not all— ple, that’s a ways off. But up here, this regular order. We had regular order on but part of our national security as a House, this Congress has kicked cans the cybersecurity bill, and it’s not whole. And we agree something must down the road before to the tune of 20 enough. Sixteen amendments were be done with our Nation’s students as years when they’re looking out and made in order. The gentleman from it relates to the loan debt that they saying, oh, we’ve got plenty of time, Colorado’s amendment was made in have. These are issues that I think we and all of sudden we have other issues order. Five privacy-related amend- all agree on, Democrats and Repub- facing this country—and now we have ments were made in order, two Repub- licans alike. one here. lican and three of those bipartisan. Of I know from some of our previous This House is taking action to cor- the total of those 16 amendments made conversations that my friend, Mr. rect a wrong or a problem that exists in order, eight were Republican, four POLIS, is a fan of NPR. So I wanted to today in America, both in cybersecu- were Democrats, and four were bipar- let him know this, just in case he rity and in student loans, and we’re tisan. Mr. Speaker, I believe in regular didn’t. This morning NPR did a story going to do it without costing the tax- order, and I think that was a perfect about the fact that China and Russia payers anything by taking money out example of how this House is supposed aren’t the only threats to our Nation’s of the ObamaCare slush fund, which to work. That was regular order at its cybersecurity anymore. In fact, accord- was funded by cuts to student loan pro- best. ing to the story today, the newest cy- grams to begin with, and sending it We talk about a fair and open proc- bersecurity threat we face today is back to our student loans. ess. I want to make sure that we pro- going to continue and grow, and it’s Now remember, this slush fund can tect the American people; that when from Iran. Even though Iran may not be used for anything. As we saw, they you go to bed tonight, your financial have as strong a cyberpresence now as used it for a whole bunch of things. As information is still going to be secure Russia and China do, it’s continuing to they tried to link us to women’s health tomorrow, that you’re going to have grow. It’s growing at the same time as issues, not one of those were related to the ability to protect yourself finan- their nuclear program is growing, too. that. Not one nickle or dime was spent cially. One of those is to allow busi- Iran has learned how to manipulate the on those, even though they would like nesses to share cyberthreats that are Internet to shut down protesters in to say it was. made against them and others, and their own country, to hack Web sites So, Mr. Speaker, I support the rule also for the Federal Government to that have antigovernment messages, and the underlying legislation. share when they see a cyberthreat and carry out sophisticated The material previously referred to coming that could affect a business cyberattacks in their own country to by Mr. POLIS is as follows: today in America. identify those dissidents who may dis- AN AMENDMENT TO H. RES. 631 OFFERED BY HHS has discretion on how they agree with the government. With MR. POLIS OF COLORADO spend that slush fund. Remember, that threats like that growing every day, we Amend section 3 to read as follows: money was stolen from students back need to make sure our networks here SEC. 3.(a) Immediately upon adoption of in 2010 to provide for their education. at home in America are safe and se- this resolution the Speaker shall, pursuant It was stolen. Call it what you want, to clause 2(b) of rule XVIII, declare the cure. House resolved into the Committee of the but now it’s just righting a wrong. It’s This bipartisan—I can’t stress this Whole House on the state of the Union for about making sure that our students enough—this bipartisan Rogers cyber- consideration of the bill (H.R. 4816) to amend have the ability to get an education security bill is critical. It’s a critical the Higher Education Act of 1965 to extend and hopefully get a great job. step in ensuring America and our pri- the reduced interest rate for Federal Direct I also heard my good friend from Col- vate industry are safe from Stafford Loans, and for other purposes. The orado mention about how we’re going cyberattacks. We talk about bipartisan first reading of the bill shall be dispensed to make a decision as to who’s a na- a lot in this Chamber. We don’t always with. All points of order against consider- tional security threat. He mentioned ation of the bill are waived. General debate practice it. This committee not only shall be confined to the bill and shall not ex- the Tea Party in the same word with practiced it, but they reached outside ceed one hour equally divided among and Communists. I think it’s pretty clear of the committee itself to those that controlled by the chair and ranking minority that the Tea Party is not a national se- may be supportive and may be opposed, member of the Committee on Education and curity threat and communism is. I and they tried to work and put forth the Workforce and the chair and ranking mi- don’t think that takes a whole lot of amendments that would make this a nority member of the Committee on Ways rocket science. better bill. and Means. After general debate the bill Mr. POLIS. Will the gentleman shall be considered for amendment under the yield? b 1340 five-minute rule. All points of order against Mr. NUGENT. I yield to the gen- That’s what it’s all about, the provisions in the bill are waived. At the con- amendment process, is to make some- clusion of consideration of the bill for tleman. amendment the Committee shall rise and re- Mr. POLIS. The point being made is thing better, nor tear it down. So I en- port the bill to the House with such amend- that it depends on one’s political per- courage colleagues on both sides of the ments as may have been adopted. The pre- spective where one sees a national se- aisle to support this strongly bipar- vious question shall be considered as ordered curity threat. Some see it on the left, tisan legislation both on cybersecurity on the bill and amendments thereto to final

VerDate Mar 15 2010 03:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.033 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2155 passage without intervening motion except tion 21.2) Section 21.3 continues: ‘‘Upon re- McCotter Rehberg Simpson one motion to recommit with or without in- jection of the motion for the previous ques- McKeon Reichert Smith (NE) structions. If the Committee of the Whole tion on a resolution reported from the Com- McKinley Renacci Smith (NJ) rises and reports that it has come to no reso- mittee on Rules, control shifts to the Mem- McMorris Ribble Smith (TX) lution on the bill, then on the next legisla- ber leading the opposition to the previous Rodgers Rigell Southerland Meehan Rivera Stearns tive day the House shall, immediately after question, who may offer a proper amendment Mica Roby Stivers the third daily order of business under clause or motion and who controls the time for de- Miller (FL) Roe (TN) Stutzman 1 of rule XIV, resolve into the Committee of bate thereon.’’ Miller (MI) Rogers (AL) Terry the Whole for further consideration of the Clearly, the vote on the previous question Miller, Gary Rogers (KY) Thompson (PA) bill. on a rule does have substantive policy impli- Mulvaney Rogers (MI) Thornberry (b) Clause 1(c) of rule XIX shall not apply cations. It is one of the only available tools Murphy (PA) Rohrabacher Tiberi to the consideration of the bill specified in for those who oppose the Republican major- Myrick Rokita Tipton subsection (a). ity’s agenda and allows those with alter- Neugebauer Rooney Turner (NY) native views the opportunity to offer an al- Noem Ros-Lehtinen Turner (OH) (The information contained herein was ternative plan. Nugent Roskam Upton Nunes Ross (FL) Walberg provided by the Republican Minority on mul- Mr. NUGENT. With that, I yield back tiple occasions throughout the 110th and Nunnelee Royce Walden 111th Congresses.) the balance of my time, and I move the Olson Runyan Walsh (IL) previous question on the resolution. Palazzo Ryan (WI) Webster THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The Paulsen Scalise West IT REALLY MEANS Pearce Schilling Westmoreland This vote, the vote on whether to order the question is on ordering the previous Pence Schmidt Whitfield previous question on a special rule, is not question. Petri Schock Wilson (SC) merely a procedural vote. A vote against or- The question was taken; and the Pitts Schweikert Wittman dering the previous question is a vote Speaker pro tempore announced that Platts Scott (SC) Wolf against the Republican majority agenda and Poe (TX) Scott, Austin Womack the ayes appeared to have it. Pompeo Sensenbrenner Woodall a vote to allow the opposition, at least for Mr. POLIS. Mr. Speaker, on that I Posey Sessions Yoder the moment, to offer an alternative plan. It demand the yeas and nays. Price (GA) Shimkus Young (AK) is a vote about what the House should be de- The yeas and nays were ordered. Quayle Shuler Young (FL) bating. Reed Shuster Young (IN) Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, NAYS—179 scribes the vote on the previous question on this 15-minute vote on ordering the Ackerman Frank (MA) Napolitano the rule as ‘‘a motion to direct or control the previous question will be followed by 5- Altmire Fudge Neal consideration of the subject before the House minute votes on adopting House Reso- Andrews Garamendi Olver being made by the Member in charge.’’ To lution 631, if ordered; and suspending Baca Gonzalez Owens defeat the previous question is to give the the rules and passing H.R. 2240, if or- Baldwin Green, Al Pallone opposition a chance to decide the subject be- Barrow Grijalva Pascrell fore the House. Cannon cites the Speaker’s dered. Bass (CA) Gutierrez Pastor (AZ) ruling of January 13, 1920, to the effect that The vote was taken by electronic de- Becerra Hahn Pelosi ‘‘the refusal of the House to sustain the de- vice, and there were—yeas 241, nays Berkley Hanabusa Perlmutter mand for the previous question passes the 179, not voting 11, as follows: Berman Hastings (FL) Peters control of the resolution to the opposition’’ Bishop (GA) Heinrich Peterson [Roll No. 182] Bishop (NY) Higgins Pingree (ME) in order to offer an amendment. On March Blumenauer Himes 15, 1909, a member of the majority party of- YEAS—241 Polis Bonamici Hinchey Price (NC) Adams Crenshaw Harris fered a rule resolution. The House defeated Boswell Hinojosa Quigley Aderholt Cuellar Hartzler the previous question and a member of the Brady (PA) Hirono Rahall opposition rose to a parliamentary inquiry, Akin Culberson Hastings (WA) Braley (IA) Hochul Alexander Denham Hayworth Reyes asking who was entitled to recognition. Brown (FL) Holt Amash Dent Heck Richardson Butterfield Honda Speaker Joseph G. Cannon (R–Illinois) said: Amodei DesJarlais Hensarling Richmond Capps Hoyer ‘‘The previous question having been refused, Austria Diaz-Balart Herger Ross (AR) Capuano Israel the gentleman from New York, Mr. Fitz- Bachmann Dold Herrera Beutler Rothman (NJ) gerald, who had asked the gentleman to Bachus Dreier Huelskamp Cardoza Jackson (IL) Roybal-Allard Carnahan Jackson Lee yield to him for an amendment, is entitled to Barletta Duffy Huizenga (MI) Ruppersberger Bartlett Duncan (SC) Hultgren Carney (TX) Rush the first recognition.’’ Carson (IN) Johnson (GA) Because the vote today may look bad for Barton (TX) Duncan (TN) Hunter Ryan (OH) Bass (NH) Ellmers Hurt Castor (FL) Johnson, E. B. ´ the Republican majority they will say ‘‘the Sanchez, Linda Benishek Emerson Issa Chandler Kaptur T. vote on the previous question is simply a Berg Farenthold Jenkins Chu Keating Sanchez, Loretta vote on whether to proceed to an immediate Biggert Fincher Johnson (IL) Cicilline Kildee Sarbanes vote on adopting the resolution . . . [and] Bilbray Fitzpatrick Johnson (OH) Clarke (MI) Kind Schakowsky has no substantive legislative or policy im- Bilirakis Flake Johnson, Sam Clarke (NY) Kissell Schiff Bishop (UT) Fleischmann Jones Kucinich plications whatsoever.’’ But that is not what Clay Schrader Black Fleming Jordan Langevin they have always said. Listen to the Repub- Cleaver Schwartz Blackburn Flores Kelly Clyburn Larsen (WA) lican Leadership Manual on the Legislative Scott (VA) Bonner Forbes King (IA) Cohen Larson (CT) Process in the United States House of Rep- Scott, David Bono Mack Fortenberry King (NY) Connolly (VA) Lee (CA) Serrano resentatives, (6th edition, page 135). Here’s Boren Foxx Kingston Conyers Levin Sewell how the Republicans describe the previous Boustany Franks (AZ) Kinzinger (IL) Cooper Lewis (GA) Sherman question vote in their own manual: ‘‘Al- Brady (TX) Frelinghuysen Kline Costa Lipinski Sires though it is generally not possible to amend Brooks Gallegly Labrador Costello Loebsack Broun (GA) Smith (WA) the rule because the majority Member con- Gardner Lamborn Courtney Lofgren, Zoe Buchanan Garrett Lance Speier Critz Lowey trolling the time will not yield for the pur- Bucshon Gerlach Landry Stark Crowley Luja´ n pose of offering an amendment, the same re- Buerkle Gibbs Lankford Sutton Cummings Lynch sult may be achieved by voting down the pre- Burgess Gibson Latham Davis (CA) Maloney Thompson (CA) vious question on the rule.... When the Burton (IN) Gingrey (GA) LaTourette Davis (IL) Markey Thompson (MS) Calvert Gohmert Latta motion for the previous question is defeated, DeFazio Matsui Tierney control of the time passes to the Member Camp Goodlatte Lewis (CA) Tonko Campbell Gosar LoBiondo DeGette McCarthy (NY) who led the opposition to ordering the pre- DeLauro McCollum Towns Canseco Gowdy Long Tsongas vious question. That Member, because he Cantor Granger Lucas Deutch McDermott Van Hollen then controls the time, may offer an amend- Capito Graves (GA) Luetkemeyer Dicks McGovern Vela´ zquez ment to the rule, or yield for the purpose of Carter Graves (MO) Lummis Dingell McIntyre amendment.’’ Cassidy Green, Gene Lungren, Daniel Doggett McNerney Visclosky In Deschler’s Procedure in the U.S. House Chabot Griffin (AR) E. Donnelly (IN) Meeks Walz (MN) Wasserman of Representatives, the subchapter titled Chaffetz Griffith (VA) Mack Doyle Michaud Edwards Miller (NC) Schultz ‘‘Amending Special Rules’’ states: ‘‘a refusal Coble Grimm Manzullo Coffman (CO) Guinta Marchant Ellison Miller, George Watt to order the previous question on such a rule Cole Guthrie Matheson Engel Moore Welch [a special rule reported from the Committee Conaway Hall McCarthy (CA) Eshoo Moran Wilson (FL) on Rules] opens the resolution to amend- Cravaack Hanna McCaul Farr Murphy (CT) Woolsey ment and further debate.’’ (Chapter 21, sec- Crawford Harper McClintock Fattah Nadler Yarmuth

VerDate Mar 15 2010 03:54 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.003 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2156 CONGRESSIONAL RECORD — HOUSE April 26, 2012 NOT VOTING—11 Posey Ryan (WI) Tiberi b 1414 Price (GA) Scalise Tipton Davis (KY) McHenry Sullivan Quayle Schilling Turner (NY) So the resolution was agreed to. Filner Paul Waters Reed Schmidt Holden Rangel Turner (OH) The result of the vote was announced Waxman Rehberg Schock Marino Slaughter Upton as above recorded. Reichert Schweikert Walberg A motion to reconsider was laid on Renacci Scott (SC) Walden b 1405 Ribble Scott, Austin Walsh (IL) the table. Rigell Sensenbrenner Webster Stated against: Mr. BILIRAKIS changed his vote Rivera Shimkus West Mr. FILNER. Madam Speaker, on rollcall from ‘‘nay’’ to ‘‘yea.’’ Roby Shuler Westmoreland No. 183, I was away from the Capitol due to So the previous question was ordered. Roe (TN) Shuster Rogers (AL) Simpson Whitfield prior commitments to my constituents. Had I The result of the vote was announced Wilson (SC) Rogers (KY) Smith (NE) been present, I would have voted ‘‘nay.’’ as above recorded. Rogers (MI) Smith (NJ) Wittman Stated against: Rohrabacher Smith (TX) Wolf f Rokita Southerland Womack Mr. FILNER. Madam Speaker, on rollcall Rooney Stearns Woodall LOWELL NATIONAL HISTORICAL 182, I was away from the Capitol due to prior Ros-Lehtinen Stivers Yoder PARK LAND EXCHANGE ACT OF commitments to my constituents. Had I been Roskam Stutzman Young (AK) 2012 present, I would have voted ‘‘nay.’’ Ross (FL) Terry Young (FL) Royce Thompson (PA) Young (IN) The SPEAKER pro tempore. The un- The SPEAKER pro tempore (Mrs. Runyan Thornberry finished business is the question on BIGGERT). The question is on the reso- NAYS—185 suspending the rules and passing the lution. bill (H.R. 2240) to authorize the ex- The question was taken; and the Ackerman Frank (MA) Napolitano Altmire Fudge Neal change of land or interest in land be- Speaker pro tempore announced that Andrews Garamendi Olver tween Lowell National Historical Park the ayes appeared to have it. Baca Gonzalez Owens and the city of Lowell in the Common- Baldwin Green, Al Mr. POLIS. Madam Speaker, on that Pallone wealth of Massachusetts, and for other I demand the yeas and nays. Barrow Green, Gene Pascrell Bass (CA) Grijalva Pastor (AZ) purposes, as amended. The yeas and nays were ordered. Becerra Gutierrez Pelosi The Clerk read the title of the bill. The SPEAKER pro tempore. This Berkley Hahn Perlmutter The SPEAKER pro tempore. The will be a 5-minute vote. Berman Hanabusa Peters Bishop (GA) Hastings (FL) question is on the motion offered by The vote was taken by electronic de- Peterson Bishop (NY) Heinrich Pingree (ME) the gentleman from Utah (Mr. BISHOP) vice, and there were—yeas 236, nays Blumenauer Higgins Polis that the House suspend the rules and 185, not voting 10, as follows: Bonamici Himes Price (NC) Boren Hinchey pass the bill, as amended. [Roll No. 183] Quigley The question was taken; and (two- Boswell Hinojosa Rahall YEAS—236 Brady (PA) Hirono Reyes thirds being in the affirmative) the Braley (IA) Hochul Adams Duncan (SC) Kelly Richardson rules were suspended and the bill, as Brown (FL) Holt Richmond Aderholt Duncan (TN) King (IA) Butterfield Honda amended, was passed. Ross (AR) Akin Ellmers King (NY) Capps Hoyer A motion to reconsider was laid on Rothman (NJ) Alexander Emerson Kingston Capuano Israel Roybal-Allard the table. Amash Farenthold Kinzinger (IL) Cardoza Jackson (IL) Ruppersberger Amodei Fincher Kline Carnahan Jackson Lee f Rush Austria Fitzpatrick Labrador Carney (TX) Ryan (OH) b 1420 Bachmann Flake Lamborn Carson (IN) Johnson (GA) Sa´ nchez, Linda Bachus Fleischmann Lance Castor (FL) Johnson, E. B. T. CYBER INTELLIGENCE SHARING Barletta Fleming Landry Chandler Jones Sanchez, Loretta AND PROTECTION ACT Bartlett Flores Lankford Chu Kaptur Barton (TX) Forbes Latham Sarbanes Cicilline Keating GENERAL LEAVE Bass (NH) Fortenberry LaTourette Schakowsky Clarke (MI) Kildee Mr. ROGERS of Michigan. Mr. Benishek Foxx Latta Clarke (NY) Kind Schiff Berg Franks (AZ) Lewis (CA) Clay Kissell Schrader Speaker, I ask unanimous consent that Biggert Frelinghuysen LoBiondo Cleaver Kucinich Schwartz all Members may have 5 legislative Bilbray Gallegly Long Scott (VA) Clyburn Langevin days in which to revise and extend Bilirakis Gardner Lucas Cohen Larsen (WA) Scott, David Bishop (UT) Garrett Luetkemeyer Connolly (VA) Larson (CT) Serrano their remarks and include extraneous Black Gerlach Lummis Conyers Lee (CA) Sewell material on H.R. 3523. Blackburn Gibbs Lungren, Daniel Cooper Levin Sherman The SPEAKER pro tempore (Mr. Bonner Gibson E. Sires Costa Lewis (GA) WOODALL). Is there objection to the re- Bono Mack Gingrey (GA) Mack Costello Lipinski Smith (WA) Boustany Gohmert Manzullo Courtney Loebsack Speier quest of the gentleman from Michigan? Brady (TX) Goodlatte Marchant Critz Lofgren, Zoe Stark There was no objection. Brooks Gosar Matheson Crowley Lowey Sutton The SPEAKER pro tempore. Pursu- Broun (GA) Gowdy McCarthy (CA) Thompson (CA) Cuellar Luja´ n ant to House Resolution 631 and rule Buchanan Granger McCaul Cummings Lynch Thompson (MS) Bucshon Graves (GA) McClintock Davis (CA) Maloney Tierney XVIII, the Chair declares the House in Buerkle Graves (MO) McCotter Davis (IL) Markey Tonko the Committee of the Whole House on Burgess Griffin (AR) McKeon DeFazio Matsui Towns the state of the Union for the consider- Burton (IN) Griffith (VA) McKinley DeGette McCarthy (NY) Tsongas Calvert Grimm McMorris DeLauro McCollum Van Hollen ation of the bill, H.R. 3523. Camp Guinta Rodgers Deutch McDermott Vela´ zquez The Chair appoints the gentlewoman Campbell Guthrie Meehan Dicks McGovern Visclosky IGGERT Canseco Hall Mica from Illinois (Mrs. B ) to preside Dingell McIntyre Walz (MN) over the Committee of the Whole. Cantor Hanna Miller (FL) Doggett McNerney Wasserman Capito Harper Miller (MI) Donnelly (IN) Meeks Schultz b 1422 Carter Harris Miller, Gary Doyle Michaud Waters Cassidy Hartzler Mulvaney Edwards Miller (NC) Watt IN THE COMMITTEE OF THE WHOLE Chabot Hastings (WA) Murphy (PA) Ellison Miller, George Waxman Accordingly, the House resolved Chaffetz Hayworth Myrick Engel Moore Welch Coble Heck Neugebauer Eshoo Moran Wilson (FL) itself into the Committee of the Whole Coffman (CO) Hensarling Noem Farr Murphy (CT) Woolsey House on the state of the Union for the Cole Herger Nugent Fattah Nadler Yarmuth consideration of the bill (H.R. 3523) to Conaway Herrera Beutler Nunes Cravaack Huelskamp Nunnelee NOT VOTING—10 provide for the sharing of certain cyber Crawford Huizenga (MI) Olson Davis (KY) McHenry Slaughter threat intelligence and cyber threat in- Crenshaw Hultgren Palazzo Filner Paul Sullivan formation between the intelligence Culberson Hunter Paulsen Holden Rangel community and cybersecurity entities, Denham Hurt Pearce Marino Sessions Dent Issa Pence and for other purposes, with Mrs. DesJarlais Jenkins Petri ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE BIGGERT in the chair. Diaz-Balart Johnson (IL) Pitts The SPEAKER pro tempore (during The Clerk read the title of the bill. Dold Johnson (OH) Platts Dreier Johnson, Sam Poe (TX) the vote). There are 2 minutes remain- The CHAIR. Pursuant to the rule, the Duffy Jordan Pompeo ing. bill is considered read the first time.

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.005 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2157 The gentleman from Michigan (Mr. that we know is malicious code that is As the ranking member of the House ROGERS) and the gentleman from Mary- either going to steal your information Intelligence Committee, people often land (Mr. RUPPERSBERGER) each will or break your computer or something ask me what keeps me up at night. I control 30 minutes. worse. That’s all this bill is. It draws a tell them: weapons of mass destruction The Chair recognizes the gentleman very fine line between the government entering the country undetected and from Michigan. and the private sector. It is all vol- also a catastrophic cyberattack shut- Mr. ROGERS of Michigan. Madam untary. There are no new mandates. ting down our water supply, power grid Chair, I yield myself 4 minutes. There is no government surveillance— or banking systems; and those are just Never a problem have I seen when it none, not any—in this bill. It just says, a few of the many areas that could be comes to our national security, Madam if we know we have this source code, attacked and shut down. Chair, that we are just not prepared to shouldn’t we be obligated to give it so Every day, U.S. Web sites and our handle. it doesn’t do something bad to the Nation’s networks are threatened by In just the last few years, nation- companies and individuals in America. foreign governments like China, Iran, states, like China, have stolen enough That’s all this bill does. Russia, and other groups trying to intellectual property from just the We have worked collaboratively with steal our money and valuable trade se- Fed’s contractors that it would be hundreds of companies, with privacy crets. According to the National Coun- equivalent to 50 times the print collec- groups, with civil libertarians. We have terterrorism Executive, the number tion of the Library of Congress. We worked with government folks. We one thing cyberthieves are trying to have nation-states that are literally have had hundreds and hundreds of steal is information and communica- stealing jobs and our future. We also meetings for over a year. We have kept tion technology, which form the back- have countries that are engaged in ac- this bill open in an unprecedented bone of nearly every other technology. tivities and have capabilities that have transparent way to try to meet the In fact, according to the United States the ability to break networks, com- needs of privacy concerns, civil liber- Cyber Command, $300 billion worth of puter networks, which means you can’t tarian concerns, civil liberties con- trade secrets are stolen every year. just reboot. It means your system is cerns. We wanted to make sure that, This proves we need to make real literally broken. Those kinds of disrup- with this bill, people understood ex- changes to how we protect our tions can be catastrophic when you cybersystems. think about the financial sector or the actly what we were trying to do, how simple it is, and how crucial it is to the The Cyber Intelligence Sharing and energy sector or our command and con- Protection Act helps the private sector trol elements for all of our national se- future defense of this great Nation. Without our ideas, without our inno- protect itself and its clients from these curity apparatus. attackers and data thieves. The intel- This is as serious a problem as I have vation that countries like China are stealing every single day, we will cease ligence community has the ability to seen. So, last year, I and my partner— detect these cyberthreats, these mali- DUTCH RUPPERSBERGER, the vice chair- to be a great Nation. They are slowly and silently and quickly stealing the cious codes and viruses, before they are man and ranking member of the Intel- able to attack our networks; but right ligence Committee—agreed that this value and prosperity of America. The CHAIR. The time of the gen- now, Federal law prohibits the intel- was a significant enough problem to ligence community from sharing the the future prosperity of America that tleman has expired. Mr. ROGERS of Michigan. I yield classified cyberthreat with the compa- we’d better do something about it. nies that will protect us, that control We needed to stop the Chinese Gov- myself an additional 1 minute. One credit card company said that the network—the AT&Ts, the Verizons, ernment from stealing our stuff. We the Comcasts, those groups. We have needed to stop the Russians from what they get attacked for your personal in- formation 300,000 times a day—one the ability to give them the informa- they’re doing to our networks and to tion to protect us; yet we have to pass people’s personal information, data, company. We have a company that can directly show you stolen intellectual a law to do that, and that’s why we are and resources. We needed to prepare for here today. countries like Iran and North Korea so property. This one particular company that they don’t do something cata- estimated 20,000 manufacturing jobs b 1430 strophic to our networks here in Amer- that they lost for Americans, which The Cyber Intelligence Sharing and ica and cause real harm to real people. were good-paying jobs, because coun- Protection Act will clearly do that if So, in a bipartisan way, we set out to tries like China stole their intellectual we pass the bill. It allows the intel- do something very, very, very narrow. property and illegally competed ligence community to share the codes When the government spies overseas, it against them in the marketplace. and signatures associated with collects malware—viruses, software This is as bad a problem, Madam malware and viruses and the means to that is dangerous to our computers. Chair, as I have seen. I think you’ll counter the bad stuff with the compa- That means they can either steal our hear throughout the day this has been nies. These companies keep a lookout stuff—the personal information off of a responsible debate and that it has for these viruses and work to stop your computer—or they can steal the been a responsible negotiation to get to them before they are able to attack secrets that make your business viable, privacy concerns and our ability to their system. the kinds of secrets that give people protect your information on your com- Companies then voluntarily give in- jobs. puter through this series of zeroes and formation about the cyberattack back So wouldn’t it be great if we could ones, the binary code on our com- to the government, machine code con- take that source code, that software puters. sisting of strings of zeroes and ones and share it with the private sector so Again, I want to thank my ranking that uniquely identifies the malware. that they could put it on their private member for his partnership and his Cyberanalysts will use this informa- systems, like they do every single day work. He has been exceptional to work tion to better understand the attack to try to protect networks, and have with on something on which we both and try to figure out who launched it that added advantage of that extra cov- agree and on which we agreed, in a bi- and where it came from. erage from that malicious source code? partisan fashion, was a danger to the This information will be used to pro- The good news is this happens every future prosperity of America. tect against similar attacks in the fu- day. If you have Norton or McAfee or With that, I reserve the balance of ture. Symantec or any other antivirus pro- my time. Now, the Democrats worked hard to tection on your computer, it has patch- Mr. RUPPERSBERGER. Madam protect privacy and civil liberties in es of information that they know is Chair, I yield myself such time as I this bill throughout the entire process. really bad stuff, and every time you may consume. We fought for additional privacy pro- turn your computer on, it updates and First of all, I do want to thank the tections in the original bill that was tries to protect your computer, your chairman for working with us in a bi- marked up in committee. In the personal information. partisan way to protect our country version we will vote on tomorrow That’s all this is. It is adding to that from this very serious threat of morning, additional changes are also patchwork some zeroes and some ones cyberattacks. included in the amendments.

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.041 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2158 CONGRESSIONAL RECORD — HOUSE April 26, 2012 Privacy and civil liberty groups and utable companies but also grey market The threat from malicious actors in the White House all agree we made im- suppliers and counterfeiters, and State- cyberspace is real. You’ve heard it said portant positive changes that went a owned enterprises and other entities over and over already by those who long way to improve the initial bill that often act against the national se- have spoken ahead of me. I concur with that came out of committee. We se- curity interests of the United States, what they say. It’s an absolutely real verely limit what information can be as well as other private companies. thing. You only need to pick up the shared with the government and how it The information technology sector, newspaper or turn on the TV to see the can be used. in particular, includes companies that threats facing our networks. These net- It is also important to note the en- are associated with some foreign gov- works include those that power our tire process is completely voluntary ernments and militaries and intel- homes, our factories, and our small and provides industry the flexibility ligence services of nations that attack businesses, allow our banking system they need to deal with business reali- the United States in cyberspace daily. to function and provide the very back- ties. State and local entities, along with bone to our current American way of The bill also requires an annual re- the private sector, don’t have the re- life, and we rely on these networks port from the inspector general of the sources, the capabilities, or the infor- every day. intelligence community to ensure none mation necessary to address these cy- The bill under consideration today is of the information provided to the gov- bersecurity threats. This bill creates a a very narrow piece, but what we can ernment is mishandled or is misused. necessary mechanism for the Federal agree on is it’s a critical one to helping This is a very important privacy issue. Government to share its informational secure our networks and, therefore, the The review will include annual rec- resources and cybersecurity threat way of life as we know it today. ommendations to improve the protec- analysis with the private sector and There are continuing debates on how tion of privacy and civil liberties. That with State and local entities. to implement the bill, but the debate review will be done again by the in- The purpose of the bill is to transmit isn’t over what needs to be done; it spector general. important cybersecurity information must be done. Information we ask our We also made it clear this legislation from the Federal Government to the intelligence community to use and grants no new authority to the Depart- private sector, not vice versa. The bill that protects our government networks ment of Defense, the National Security would empower the private sector to should, in a secure way, be shared to Agency, or the intelligence commu- begin taking necessary steps to protect protect the many other critical net- nity. At the urging of the White House itself from cyberattacks, some they and others, we included the Depart- works we rely on. don’t have any clue are happening. I believe companies are doing what ment of Homeland Security in the Ultimately though, it’s going to be they can to protect their networks to process so that there is not even a per- important for Congress and the Federal the extent they can today, but there is ception that our intelligence agencies Government to continue the debate on more that must be done. or military will be in control of this. cybersecurity to determine how to best We cannot be in a situation where The Homeland Security Department confront the changing threats because the government had information to will be coordinating as a civil body. this world is changing daily, and the prevent or mitigate a catastrophic In addition, companies that act in Federal Government can’t leave those cyberattack, and yet we did not have good faith to protect systems and net- responsibilities solely to the private the procedure in place to share this in- works can receive liability protection. sector, especially, like the chairman formation. Our American way of life This is what our bill does. already mentioned, countries like includes a great respect for privacy and Now, what does it not do? The bill China that are continuously developing our civil liberties. We make no mistake does not allow the government to order cyberwarfare capabilities and the companies to turn over private email cyberattacks that they commit against about that. This bill, with the addition of many or other personal information. This is the Western companies and infrastruc- of the amendments which were drafted not surveillance. The bill does not tures and government entities we all allow the government to monitor pri- know about. in concert with privacy groups, ad- vate networks, read private email, cen- So I urge my colleagues to vote dresses many of those concerns. sor, or shut down any Web site. ‘‘yes’’ on this important piece of legis- In addition, the annual unclassified We have a broad coalition of support lation and an important step in trying report required by the statutory intel- with 100 cosponsors, close to 30 compa- to protect the private sector in this ligence community inspector general nies and industry groups, and dozens of country. will inform whether there are addi- trade organizations like Facebook, Mr. RUPPERSBERGER. Madam tional adjustments needed to be made. Microsoft, IBM, a lot of different Speaker, I yield 2 minutes to my dis- The CHAIR. The time of the gen- groups that are supporting this bill. tinguished colleague from the State of tleman has expired. This is not a perfect bill, but the Utah (Mr. BOSWELL) who formerly Mr. RUPPERSBERGER. I yield the threat is great. I believe this legisla- served on the Intelligence Committee. gentleman an additional 10 seconds. tion is critical for our national secu- The CHAIR. The gentleman from Mr. BOSWELL. So, in closing, I want rity and yet deals with the issue of pri- Iowa is recognized for 2 minutes. to say this: Congress cannot wait to vacy. We can do better in privacy, and Mr. BOSWELL. Thank you, I appre- act. Network security hasn’t kept up we hope to get the bill to the Senate, ciate the correction. We grow corn in with network speed. This is the funda- where there will be a lot more negotia- Iowa, and we grow potatoes in Idaho. A mental purpose of this bill. I encourage tion. Congress must act now, and I en- little bit of fun. Members to begin to secure our net- courage my colleagues to vote for this I rise to speak in support of this bill works through sharing information bill. today. I look across at Chairman ROG- about the threats. Please vote ‘‘yes.’’ I reserve the balance of my time. ERS and here at Ranking Member RUP- Mr. ROGERS of Michigan. I yield 2 Mr. ROGERS of Michigan. I yield 2 PERSBERGER, and I have great con- minutes to the gentleman from Illinois minutes to the gentlelady from North fidence. I know these men. I know their (Mr. KINZINGER). Carolina (Mrs. MYRICK) who is on the staff. They’ve come to this very serious Mr. KINZINGER of Illinois. I thank Intelligence Committee and has a tre- matter that lays before our country the ranking member and the chairman mendous expertise on counterterrorism that we need to understand. We must for your hard work on the issue and the issues. take action. members on the committee. Mrs. MYRICK. I want to say a big I’m encouraged by the process to in- This is very important. It goes be- thanks to the chair and to the ranking volve key stakeholders from private in- yond partisanship. This is about na- member for all of their months of hard dustry and privacy groups during this tional security. work on putting this cybersecurity bill drafting. This transparent engagement The idea of cyberattacks, it’s not together, and it is a bipartisan Intel- shaped many of the bipartisan con- something that is just out there in ligence Committee bill. structive amendments being considered space that we really don’t have to We all know the private sector is a today that will improve the bill, and worry about. This is an issue that’s very diverse world that includes rep- it’s a good thing. here today, and it’s here right now. In

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.043 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2159 fact, just today, the New York Stock frastructure, affecting our waterworks, tunately, there are folks who would Exchange was the target of a DDoS at- and our electric grid. But this bill is so like to use cyberattacks to steal our tack on some of its external computer poorly constructed it is not designed to intellectual property and give it to systems. That’s not something that we protect against those threats. There those who compete against America, just magically happen to have today. are any number of flaws with it. which will steal our jobs. This is happening every day, thousands The American Civil Liberties Union Not allowing information-sharing and thousands of times a day. points out that there would be an ex- like this bill does would be like saying ception to all privacy laws; and it to the Marines and the Army, You b 1440 would allow companies to share private can’t share information about how the I’m a military guy and I’m a military and personal data that they hold on enemy is going to attack you. As a pilot. I think a lot about the threats their American customers, actually, member of the National Guard for the from outside. You think a lot about among themselves and with the gov- last 26 years, I know that cyber is also threats of terrorism and threats of in- ernment. It would not limit companies a real threat to our national security. vasion or anything along that line. But to sharing only technical or nonper- This bill will update our information- I’ll tell you one of the biggest threats sonal data. They’d be free from any li- sharing to allow private companies to that really keep us up at night is this ability of misuse. They would only share information with the government idea of a cyberattack. I think it’s have to plead good intentions. and the government to share informa- something that we have to take head- The bill fails to narrowly define the tion, and includes some important li- on. This voluntary information-sharing privacy laws it would contravene; it ability protection as well. It’s a care- between classified portions of our gov- fails to put the cybersecurity efforts in fully crafted bill. ernment and certified private actors a civilian agency; it fails to require I think the gentleman from Michigan will serve to enhance our defenses companies to remove personal identifi- (Mr. ROGERS) and the gentleman from greatly. able information about individuals; it Maryland (Mr. RUPPERSBERGER) have It is important to note the amount of fails to sufficiently limit the govern- been very open to working with folks classified information currently shared ment’s use of information; it fails to to try to improve this bill. I’m looking between our government and private create a robust oversight and account- forward to supporting some of the bi- industry is muddled at best. The few ability structure. With the bill in its partisan amendments that I think will improve this bill. private companies who are lucky current form, there’s no requirement Madam Chair, we must protect our- enough to receive an invitation into that personal information must be re- selves against cyberattacks, against the current classified annex of cyberse- moved. There’s no consumer or stake- curity-sharing face significant chal- those who would steal our money, steal holder group involved in the oversight. our jobs, and attack our country. This lenges when it comes to even under- There’s no way for any member of the standing what that information is. bill is not a panacea, but it’s a great public to know if their data has been start. I’m happy to support it, and I Many times they simply get a badly shared in error, and on and on. scanned printout of a current threat hope all my colleagues will vote ‘‘yes.’’ And I should point out that it is not Mr. RUPPERSBERGER. I yield 2 situation from which they try to pre- just the American Civil Liberties minutes to my distinguished colleague vent a future attack, and it is woefully Union that opposes this. Even the from the State of California, Mr. ADAM inadequate. American Library Association opposes SCHIFF, who is also the ranking mem- We talk a lot about the Russians and it. The President, himself, says, if this ber on the Technical and Tactical In- about the Chinese and their use of passes, he will veto it. Passing this bill telligence Committee. cyberwarfare against us. That’s a sig- in response to the cyberthreat would be Mr. SCHIFF. I thank the gentleman nificant threat. That’s something very like going into Iraq because al Qaeda for yielding. serious. But I want to speak just mo- terrorists were a real threat. Madam Chair, I rise in reluctant op- mentarily about the threat from Iran. Yes, there’s a real threat. This is not position to the bill. But at the outset, We all know that Iran is a very seri- the answer. I want to acknowledge the extraor- ous country that is very seriously fo- Mr. ROGERS of Michigan. Madam dinary work done by our chairman, cused on bringing down, in many cases, Chair, I yield 2 minutes to the distin- MIKE ROGERS, and our ranking mem- the West. They’ve said it themselves. guished gentleman from Ohio (Mr. ber, DUTCH RUPPERSBERGER. These two The Iranian regime from the highest STIVERS). gentlemen have changed the nature level down has publicly stated their Mr. STIVERS. Madam Chair, I would and culture of our committee, made it plans to fight enemies with abundant like to thank the gentleman from far more productive, and they’ve done power in cyberspace and Internet war- Michigan for yielding me time. I would great work getting us to this point. fare. It’s also publicly stated that Iran also like to thank him for his leader- And I want to acknowledge that at the blames the West for the Stuxnet virus ship on this effort, as well as the rank- outset. which disrupted their nuclear program, ing member, the gentleman from Mary- There’s still work to be done in two and they have vowed retaliation. The land (Mr. RUPPERSBERGER). areas principally, and I want to talk combination of the low cost and effec- I rise today in support of the cyberse- briefly about that. Even before I do tiveness of cyberwarfare has led the curity legislation under consideration. that, I want to acknowledge why we’re Iranian Revolutionary Guard to ac- As a member of the Cybersecurity Task here. tively and effectively recruit radical Force, I’m pleased that many of our We do ourselves, I think, a disservice Islamist hackers for nefarious pur- recommendations are included in this when we talk about a cyberthreat. poses. We can’t stand idly by while we bill. That sounds like something that may see nations like Iran threaten the fu- Cybersecurity is a very important come in the future, something to be ture of this country. issue. Every day there are people try- concerned about that might take place So I support this bill, and I commend ing to use cyberattacks to steal our down the line. We’re under cyberattack the folks who have worked on it. money, steal our jobs, and attack our right now. This is not speculative. This Mr. RUPPERSBERGER. Madam national security. is not intangible. This is happening Chair, I yield 2 minutes to my distin- I know as a member of the Financial right now. This needs to be dealt with, guished colleague from the State of Services Committee that our financial and we do need a sense of urgency. But New Jersey, Mr. RUSH HOLT, who was sector spends billions of dollars every there is a distance yet to go, and in formally on the Intelligence Com- year trying to protect against two areas in particular. mittee. cyberattacks. They protect consumers One is, when we gather Mr. HOLT. Madam Chair, I thank the by increasing controls, making sure cyberinformation and we share it be- gentleman. they have encryption, authenticating tween companies or between the gov- The proponents of this legislation, customers, and protecting customer ernment and companies, as we must do, who are all friends and well inten- data. we want to make sure that we mini- tioned, have repeatedly said there’s a That’s all protecting our wallets, but mize any unnecessary invasion of pri- real threat, a threat to our critical in- we also need to protect our jobs. Unfor- vacy of the American people. We can

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.044 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2160 CONGRESSIONAL RECORD — HOUSE April 26, 2012 do both, and we have to do both. We The government currently uses clas- government could use the information, need to protect ourselves from sified cyberthreat intelligence to pro- and making sure consumers’ sensitive cyberattack, and we need to protect tect its own systems, computer net- information is adequately protected. and preserve the privacy rights of the works, and critical infrastructure. The Unfortunately, the House will not have American people. business community has voiced its de- an opportunity to consider them today. I think the bill needs a requirement sire to be given the tools necessary to If my colleagues want to accomplish that personally identifiable informa- protect itself from cyberthreats. This something on cybersecurity, then vote tion be minimized to the maximum ex- bill will allow the government to pro- ‘‘yes’’ on any or all of the suspension tent practicable. All we’re asking for is vide classified cyberthreat information bills before us today; but do not vote what can reasonably be done. We’re not to private sector companies so that for H.R. 3523. It violates the ‘‘do no asking for the private sector or the they can protect sensitive information harm’’ rule and would set back the pri- government to do the impossible, but and their customers’ privacy against vacy rights of all our citizens who have we should require of our government malicious cyberattacks. The bill places enjoyed the establishment of the Inter- that they minimize personal informa- no mandates or burdens on private sec- net. tion that is shared to protect us from tor companies and does not expand the This fatally flawed bill is opposed by cybercrime. That’s the first thing. size or scope of the Federal Govern- not only every major privacy or civil The second item that really needs to ment. All information-sharing is to- liberties group, from the ACLU to the be incorporated in this bill that my tally voluntary under this legislation, Constitution Project to the Center for colleague, Mr. THOMPSON, will talk and there are strong privacy protec- Democracy and Technology, but also about as well is the need to protect tions in place for the information that the Obama administration. For these critical infrastructure. That is a big is shared. reasons, Madam Chair, I strongly urge missing piece in the bill, and I under- After receiving input from the pri- a ‘‘no’’ vote on H.R. 3523. stand from my colleagues that it’s not vate sector and civil liberty groups and Mr. ROGERS of Michigan. Madam within the Intelligence Committee ju- by building upon the success of an ex- Chair, I yield 2 minutes to the gen- risdiction. That’s correct. But as we isting intelligence-sharing pilot pro- tleman from Nebraska (Mr. TERRY). saw from the Rules Committee, they’re gram with defense contractors, we have Mr. TERRY. I thank the gentleman. more than capable of incorporating produced a bill that upholds constitu- Madam Chairman, I rise in support of things from more than one commit- tional rights to privacy while providing this bill. It’s a sensible bill that builds tee’s jurisdiction in the rule, as we see the private sector with the necessary a necessary pillar in the cybersecurity in a rule that incorporates student means to defend itself against strategy of our Nation. loan interest and a bill on that subject cyberattackers. I want to commend I’ve immersed myself in cybersecu- with a bill on cybersecurity. There is Chairman ROGERS and Ranking Mem- rity over the last couple of years. I’ve nothing preventing the Rules Com- ber RUPPERSBERGER for their out- been on two task forces. I’m on the En- mittee from bringing into the discus- standing leadership in crafting this leg- ergy and Commerce Committee. I’ve sion today and allowing amendments islation that was written in a trans- met with industry leaders in all of the on critical infrastructure. parent and bipartisan fashion. critical infrastructure areas. And as The absence of those two big pieces I urge my colleagues to support this I’ve gathered information and input, makes it impossible for me to support bill that protects our homeland, pro- there’s two principles at stake here. the bill today. The common thread from all of them The CHAIR. The time of the gen- tects our economy, and protects our privacy. have said: we have to be flexible, and tleman has expired. we have to be able to communicate. Mr. RUPPERSBERGER. I yield the Mr. RUPPERSBERGER. Madam Those are the two principles on which gentleman an additional 30 seconds. Chair, I yield 2 minutes to my distin- Mr. SCHIFF. I thank the gentleman. guished colleague from the State of this bill is based. I just want to conclude by saying I Mississippi, Mr. BENNIE THOMPSON, who Number one, flexibility. What it look forward to our continued work on is also the ranking member of the means is you can’t lock this into a gov- this bill, and I appreciate the great co- Homeland Security Committee. ernment agency because when govern- operation between the chair and rank- Mr. THOMPSON of Mississippi. ment agencies start taking control of ing member, and I have respect for all Madam Chairman, I rise in opposition setting standards or working with an the members of the committee. to H.R. 3523. I also appreciate the ef- industry group to set standards on cy- forts of my colleagues on the Intel- bersecurity, the hackers take 5 seconds b 1450 ligence Committee for fostering a to get around that, and it will take Mr. ROGERS of Michigan. Madam greater sharing of cyberthreat informa- years then for the industry to move Chair, I yield 2 minutes to the gen- tion. This bill is a start, but my opposi- around that. You are setting them up tleman from Nevada (Mr. HECK). tion is because it does not do what we as ducks waiting to be shot if we do Mr. HECK. I come to the floor today know that we need to have done. that. So we can’t. We’ve got to give to voice my strong support for the Having been involved in homeland se- them the flexibility. The least govern- Cyber Intelligence Sharing and Protec- curity issues for nearly a decade, I ment interference is what gives them tion Act. We know that every day, know how important it is to protect the flexibility. American companies and computer sys- our Nation’s networks from The next part is communication. tems are targeted by foreign nation- cyberattacks. But in an effort to foster What I learned from the critical infra- state actors who prey on sensitive busi- information-sharing, this bill would structure industries is that what they ness and personal information to gain erode the privacy protections of every want to know is, is there a threat out an unfair advantage in the global mar- single American using the Internet. It there, and what’s the specifics of the ketplace. The theft of research and de- would create a Wild West of informa- threat? They know they’re under at- velopment results, negotiating posi- tion-sharing, where any certified busi- tack every day. Maybe our defense tions, or pricing information costs us ness can share with any government agencies have specific information jobs here at home and puts personal in- agency, who can then use the informa- they can share, but they can’t because formation at risk. The same vulnera- tion for any ‘‘national security’’ pur- it’s top secret. bilities that can result in the theft of pose and grant that business immunity So this bill allows there to be com- sensitive business information could be from virtually any liability. None of munication of specific threats to per- used to attack critical infrastructure the amendments offered by the chair- haps communicate from government to we rely on such as power plants, air man and ranking member would private sector some better practices traffic control systems, and electrical change any of those basic facts. that they can enact. That’s what this grids. An attack on these systems I and several of my colleagues offered breaks down, that barrier, not some of would be devastating. Protecting them amendments that would have addressed these civil liberty conspiracy theories. and the constituents they serve must those concerns by ensuring that civil- This is simple communication between be considered an urgent national secu- ian agencies would take the lead in in- government and private sector or pri- rity concern. formation-sharing, restricting how the vate sector to private sector. This isn’t

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.046 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2161 reporting on whether you’re sharing is helpful and it’s needed, but spite the very real and dangerous downloading an illegal movie or what- it does not, on its own, constitute threat posed by terrorists and our en- ever. This is about securing our infra- strong cybersecurity. emies if we do nothing. structure. The CHAIR. The time of the gen- Madam Chair, I strongly urge the Mr. RUPPERSBERGER. Madam tleman has expired. adoption of H.R. 3523. Chair, I yield 2 minutes to my distin- Mr. RUPPERSBERGER. I yield the Mr. RUPPERSBERGER. I yield 2 guished colleague and friend from the gentleman from Rhode Island 30 addi- minutes to my distinguished colleague State of Rhode Island (Mr. LANGEVIN), tional seconds. from the State of Georgia (Mr. JOHN- who is also a member of our Intel- Mr. LANGEVIN. I thank the gen- SON). ligence Committee and has worked tleman for the additional time. Mr. JOHNSON of Georgia. Thank very hard with the chairman and my- I have long maintained that we must you, Ranking Member RUPPERSBERGER. self on the issue of cybersecurity. I also move forward on legislation that Madam Chair, I rise in opposition to consider him one of our experts on the establishes minimum standards for the this very disturbing bill. Hill in the area of cybersecurity. cybersystems that govern our critical One thing that is important to keep- (Mr. LANGEVIN asked and was given infrastructure, particularly the elec- ing our country number one has been permission to revise and extend his re- tric grid and our water systems. the personal freedoms that we have all marks.) With that, I again want to thank enjoyed since this country’s beginning. Mr. LANGEVIN. I want to thank the Chairman ROGERS and Mr. RUPPERS- Those freedoms lie in the Bill of gentleman for yielding. BERGER for their outstanding efforts, Rights. And the Fourth Amendment to I rise in strong support of H.R. 3523, and I ask my colleagues to support this the United States Constitution within and I want to thank Chairman ROGERS important cybersecurity information- that Bill of Rights provides for a right and Ranking Member RUPPERSBERGER sharing legislation. of privacy. Now this right of privacy for a bipartisan and inclusive process Mr. ROGERS of Michigan. Madam can be impacted by technology and on an extremely difficult and technical Chair, I yield 2 minutes to the gentle- various advances in science that make issue. While I don’t believe this legisla- woman from California (Mrs. BONO eavesdropping, surveillance, and inves- tion is perfect, and much work remains MACK). tigation easier and also more secretive to be done, CISPA represents an impor- Mrs. BONO MACK. Madam Chair, I by law enforcement, by personal indi- tant good-faith effort to come together rise today in strong support of this bill. viduals, and by corporations, by any as a necessary first step towards better This critically needed legislation will component that may look to misuse in- cybersecurity for our Nation. help to safeguard America in the future formation for their personal benefit. So I have long worked on this issue for from cyberattacks by unscrupulous and I rise in opposition to this disturbing many years to raise awareness and to rogue nations, terrorists and bill. secure our Nation against the threats cybercriminals. We need to act before a CISPA would grant the private sector that we face in cyberspace. Quite disaster takes place, not after it, and blanket permission to harvest Ameri- frankly, we are running out of time. I this is our chance. cans’ data for extremely broad ‘‘cyber- believe it’s important that we act now As chairwoman of the House Sub- security purposes,’’ notwithstanding to begin our legislative response to this committee on Commerce, Manufac- any other provision of law. It would critical issue. turing and Trade, I have spent the past We all know how dependent we are on grant the private sector blanket per- 16 months holding hearings and thor- the Internet and how we use it so much mission to then share that data with oughly examining the issue of online in our daily lives, but the Internet was the Federal Government, notwith- privacy. So as a cosponsor of this legis- never built with security in mind. standing any other privacy laws or lation, I have very carefully reviewed What’s happening is our adversaries agreements with users. its privacy provisions, and I’m satisfied are using the vulnerabilities against The Acting CHAIR (Mrs. CAPITO). that it will not negatively impact us. The time of the gentleman has expired. I’ve also been very clear that we need American consumers. Mr. RUPPERSBERGER. I yield the to have robust privacy protections that Frankly, the privacy concerns are ex- gentleman an additional 30 seconds. must be included to safeguard personal aggerated. There is no bogeyman hid- Mr. JOHNSON of Georgia. Then, as if information and also defend civil lib- ing in the closet, and Big Brother is that weren’t disturbing enough, this erties in any cybersecurity response not tapping into your hard drive. This bill would grant the government broad that we do enact. I’m pleased to say bill provides absolutely no authority to authority to share that information be- this legislation has been strengthened the Federal Government to monitor tween intelligence and law enforce- in that regard, and I believe more can private networks—none. Additionally, ment agencies and use it for virtually be done as we continue this important all information-sharing with the gov- any purpose defined as important to debate. ernment would be completely vol- cybersecurity or national security. That being said, the efficient sharing untary. I know it’s 2012, but it sure feels like of cyberthreat information envisioned The bill also encourages the private ‘‘1984’’ in this House today. If you value by this legislation is vital to com- sector to ‘‘anonymize’’ the information liberty, privacy, and the Constitution, bating advanced cyberthreats and it shares with the government or other then you will vote ‘‘no’’ on CISPA. stemming the massive ongoing theft of entities, including—and this is very Mr. ROGERS of Michigan. Madam identities, intellectual property, and important to remember—the removal Chair, I yield 2 minutes to the gen- sensitive security information. of personally identifiable information tleman from California (Mr. NUNES). prior to sharing it. Mr. NUNES. Madam Chair, I rise in b 1500 Finally, the bill also requires the in- strong support of this bill. This legislation clearly and simply telligence community inspector gen- The bill before us today is targeted will allow the government to provide eral to review information-sharing be- towards a very specific and growing classified information threat signa- tween the private sector and the gov- threat to our Nation. Every day, Amer- tures to the private sector and also ernment and to provide an annual re- ican businesses are being targeted by allow the private sector to share with port to the Congress on its findings. China, Russia, and other foreign actors us the cybersecurity attacks that they These are very strong privacy protec- for cyber-exploitation and theft. These are experiencing, sharing that with the tion features, and I applaud Chairman acts of industrial espionage are causing government so we have better situa- ROGERS and Ranking Member RUP- enormous losses of valuable American tional awareness. If you look at this, it PERSBERGER for working so hard to pro- intellectual property that ultimately basically gives us radar, if you will, in tect the American consumer and to costs the United States jobs. We can- cyberspace, sharing information back make this a truly bipartisan effort. not afford to allow high-paying jobs to and forth on cyberthreats that are fac- Unfortunately, some people and some be stolen in this manner, nor can we ing the country. groups will say anything to try and simply sit by and allow the This bill is a good step, but it’s only scuttle this bill—sounding false alarms cyberwarfare being conducted against a first step. Voluntary information- and raising imaginary red flags—de- us to continue without consequences.

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.048 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2162 CONGRESSIONAL RECORD — HOUSE April 26, 2012 Madam Chairman, jobs are at stake, Mr. BOREN. Madam Chair, I rise ests of the private sector industry, the as is the technological capital of the today in support of the Cyber Intel- Federal Government, and private citi- United States. But if the reality of this ligence Sharing and Protection Act. zens. economic cyberwarfare isn’t con- I’m proud to have been a part of this The Acting CHAIR. The time of the vincing enough, you should understand bipartisan effort, led by Chairman ROG- gentleman has expired. that there are other good reasons for us ERS and Ranking Member RUPPERS- Mr. RUPPERSBERGER. I yield the to support this bill. BERGER, to bring this bill to the floor gentleman an additional 30 seconds. The state-of-the-art technology sto- today. Mr. BOREN. It will help our country len from Americans can easily be There is one fact on which everyone avoid a potential cybercatastrophe turned against us and represents a seri- can agree: our country must strength- that could threaten our national secu- ous threat to America’s critical infra- en its cybersecurity capabilities. To rity and endanger our economic pros- structure. None in this body would achieve this, we need the cooperation perity. likely disagree that we have to prevent of industry, government, and our citi- With that, I urge my fellow Members our enemies from protecting American zens, and we need to protect the unique to join me and support this important military technology. That’s why we interests of each of these groups. bill. have long had export controls and Some may be asking the question, Again, I want to say specifically to other mechanisms to prevent such a how does this bill protect American in- our ranking member and our chairman, thing from occurring. Madam Chair- dustry? It gives private companies the thank you for putting the country’s in- man, how is the theft of intellectual ability to receive classified informa- terests ahead of partisan gain. We’re property any less a threat today? tion from the government to protect working together in this committee, Whether we like it or not, their networks. The bill also gives both Democrats and Republicans, to do cyberwarfare is a reality. Our govern- them flexibility to share information what is in the best interest of our in- ment and its security agencies under- with the government without compro- telligence community and the United stand this and are using both classified mising their business equities or harm- States of America. and unclassified information to fight ing their customers. This information- Mr. RUPPERSBERGER. Madam the threat. But without passage of this sharing partnership will enhance gov- Chair, may I ask how much time we bill, they are being forced to do so ernment efforts to analyze and under- have on both sides? without the meaningful participation stand malicious codes and other The Acting CHAIR. The gentleman of industries—private industries—that cyberthreats. from Maryland has 8 minutes remain- are being subjected to attacks, that in I think companies that have publicly ing, and the gentleman from Michigan some cases our government even knows supported this legislation have gotten has 101⁄2 minutes remaining. about but cannot share that with those a bad rap in the press. I think we all Mr. ROGERS of Michigan. Madam private companies. need to remember that these American Chair, I yield 11⁄2 minutes to the gen- So we shouldn’t expect America’s pri- companies are not the enemy. They tleman from Texas (Mr. BARTON). vate sector innovators to protect them- employ thousands of Americans and Mr. BARTON of Texas. I thank the selves if we won’t tell them where the provide essential cyberservices to mil- chairman. attacks are coming from. If we don’t lions of people. They are profit-making The right of the people to be secure in share this information or allow them entities that want to satisfy their cus- their persons, houses, papers, and effects, to share information with us, how do tomers and grow their businesses. against unreasonable searches and seizures, we expect to secure the sensitive infor- These American companies have abso- shall not be violated, and no Warrants shall mation? lutely no motivation to send private issue, but upon probable cause, supported by The Acting CHAIR. The time of the customer information to the govern- Oath or affirmation, and particularly de- gentleman has expired. ment or anyone else. In fact, they have scribing the place to be searched, and the persons or things to be seized. Mr. ROGERS of Michigan. I yield the every reason to protect it. gentleman from California an addi- Under this legislation, American My friends, that is the Fourth tional 30 seconds. companies will enhance their capa- Amendment to the Constitution, one of Mr. NUNES. So we essentially have bility to protect the private informa- the original 10 in the Bill of Rights pro- three choices. We can pass this bill, tion of their customers by receiving tecting, in writing, the privacy of the very narrowly focused, allowing our in- classified assistance from the govern- United States citizenry. telligence community to work with ment. Moreover, they will help their I want to give Mr. ROGERS and Mr. private industry, or we can fund a mas- customers and the country by volun- RUPPERSBERGER an ‘‘A’’ for effort in sive new government program. I think tarily informing the government of terms of identifying the problem, but I we’ve proven that those massive new malware and other malicious conduct have to give them an ‘‘F’’ for problem government programs seldom work and and threats that emerge from their solution. are often costly. Or would the oppo- networks. But that is not the only way The word ‘‘privacy’’ in the under- nents of this bill simply rather do that this bill protects our citizens’ pri- lying bill is mentioned one time, and nothing and allow our country to con- vacy. It restricts the government’s use that in passing. There are no explicit tinue to be attacked every day? and retention of any personal informa- protections for privacy. In fact, there We need to pass this bill to enable tion that companies may choose to is an explicit exemption of liability to cyberthreat-sharing and provide clear share. In addition, it directs the intel- all people who engage in the collection, authority for the private sector to de- ligence community inspector general dissemination, transfer, and sharing of fend its networks. to monitor and report any abuse of information. The cause of action, if Madam Chair, I want to close by say- users’ privacy. you feel your privacy has been vio- ing that we should congratulate Chair- Finally, we must also remember that lated, is to go to district court and man ROGERS and Ranking Member the government is not the enemy. The prove there was willful and knowing RUPPERSBERGER for the work that intelligence community does not want sharing of your information without they’ve done to protect this country. to squander this opportunity to im- your permission. If you prevail in Fed- prove our Nation’s cybersecurity by eral district court, you get $1,000, or b 1510 abusing the civil liberties or privacy of whatever it costs you. Mr. RUPPERSBERGER. Madam American citizens. To this end, the bill My friends, we have a real problem. I Chair, I yield 3 minutes to my distin- specifies that the government can only take the chairman at his word—he’s a guished colleague from the State of use the information it receives from former FBI agent—that he wants to Oklahoma (Mr. BOREN), who is also a the private sector for purposes directly solve this cyberthreat. I know he member of the Intelligence Committee. related to addressing cyberthreats, na- means it. But until we protect the pri- He has worked very closely with me tional security, and threats to life and vacy rights of our citizens, the solution and the chairman to bring this bill to limb. is worse than the problem that they’re the floor today, and we thank him for In closing, this legislation strikes the trying to solve. that. appropriate balance between the inter- Please vote ‘‘no’’ on this bill.

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.050 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2163 Mr. RUPPERSBERGER. Madam these concerns with the legislation. We assessments, threat warnings, best Chair, I have no more speakers, and I on our side of the aisle take, again, practices or emergency response, infor- yield myself such time as I may con- this issue of privacy very seriously. mation-sharing with the private sector sume. The committee has maintained an open is critical to securing the United First thing, there were some com- door policy and made more changes to States from cyberattack. That was 8 ments that I would like to respond to. the bill to make it even better as we years ago. First thing, this bill does not allow have gone on up until today. Why has it not occurred? Because all the wholesale violation of privacy The legislation grants no new au- the legal obstacles, all the fear of being rights. This bill is extremely important thority to the Department of Defense, sued has prevented it from occurring. to our national security, but also im- National Security, or the intelligence And that’s what this bill does. It clears portant to our citizens of this great community that require it to direct away the legal underbrush that has country, our privacy rights, and civil any public or private cybersecurity ef- prevented the kind of information- liberties. fort. If the government violates any of sharing that people have been talking The chairman and I have taken this these restrictions placed on it by the about for a decade. very seriously, as have the members of legislation, the government can be This is a good, important step. It our caucus. We know this is not a per- sued for damages, costs, and attorneys doesn’t solve all the problems, but it fect bill—there will probably be addi- fees. puts more information at the disposal tional changes. We will have more de- I think it is extremely important— of critical infrastructure so that they bate later on this afternoon. we on the Intelligence Committee deal can be protected. It should be adopted. Now, some of the things I want to ad- with these issues every day. This is a Mr. RUPPERSBERGER. Madam dress. During the drafting of this legis- very sophisticated area that we deal Chair, I have a speaker on the way. lation we put forward a wide range of with that most people don’t know. So Mr. ROGERS, do you have any more privacy protections. We worked for the we’re attempting, and we have for the speakers? last year with the White House, pri- last year, to educate as many of our Mr. ROGERS of Michigan. I do. vacy groups, and business groups to Members as we can. But it’s important Mr. RUPPERSBERGER. I reserve the come to a coalition to make sure that to know that national security is balance of my time. we get this bill right. clear—our effort and what we’re at- Mr. ROGERS of Michigan. Madam First, the bill severely limits what tempting to do—but also to maintain Chair, I yield 2 minutes to the distin- kind of information can be shared with the privacy, the constitutional rights guished gentleman from the great the government. Only information di- of our citizens. State of Oregon (Mr. WALDEN). rectly pertaining to the threat can be I reserve the balance of my time. Mr. WALDEN. I thank the chairman shared, which is mostly formulas, X’s and the ranking member for their bi- 1520 and O’s of the virus code. It’s almost b partisan and thoughtful approach to something that the companies deal Mr. ROGERS of Michigan. Madam this incredibly important issue facing with now in dealing with spam. Chair, I yield 2 minutes to the distin- our country. I support your legislation. Second, the bill encourages compa- guished gentleman from Texas (Mr. I commend you both for identifying a nies to voluntarily strip out personal THORNBERRY). glaring hole in our cyberdefenses: bet- information that may be associated Mr. THORNBERRY. Madam Chair, I ter information-sharing between the with these zeroes and ones. Occasion- don’t think we can say often enough private sector and the government. ally, that does occur, and we have to how important it is that the chairman Such sharing is a force multiplier. It deal with that, and we’ll continue to and ranking member have worked to- combines the technological strength of deal with that issue. gether, not only on the substance of our network providers with the ongo- There also are strong use limitations this bill, but in the process of getting ing efforts of our agencies to combat on the data. This information must be us here. They have, truly, put the growing cyberthreats. From the get-go, used for cybersecurity purposes or the country’s interests first, and I think the bill has protected privacy and civil protection of national security. The in- all Members should commend them for liberties and ensured that any informa- formation cannot be used for regu- that. tion-sharing is voluntary. latory purposes. For example, if there’s This was a good bill when it was re- I understand Chairman ROGERS has evidence of tax evasion, that informa- ported out of committee 17–1. I think it also gone the extra mile to reach out tion cannot be used in a criminal pro- will be a better bill once the amend- to the privacy community and will be ceeding, only in national security, only ments are considered and adopted. And offering and supporting amendments to in the areas of life and limb, or for any- for any Member who has concerns address any lingering concerns that thing involving juvenile crimes. about privacy or misuse of informa- may remain from misunderstandings The bill prohibits the government tion, I think they should look at the over the language. Breaking down the from requiring the companies to give amendments that are going to be barriers to information-sharing is a information to the government in ex- adopted; and any reasonable concern, linchpin to better cybersecurity, and change for receiving the cyberthreat any semi-reasonable concern about pri- this legislation will be a tremendous intelligence. That means that when we vacy will be addressed with the limita- step forward in securing cyberspace for pass the information of the attacks— tions that those amendments add. our citizens. it’s called the secret sauce—to the pro- Madam Chair, this bill does not solve But don’t take my word for it. That’s viders, it’s only voluntarily. The gov- all the problems in cybersecurity. All what cybersecurity firms and research- ernment can’t put any restrictions on four bills that we’re considering today ers, Internet service providers, and that whatsoever. That really means and tomorrow don’t solve all the prob- government officials told the Sub- that this is not surveillance at all. lems we have in cybersecurity. But it committee on Communications and The bill does not allow the govern- makes no sense to me, as some seem to Technology, which I chair, in the three ment to order you to turn over private have argued, that we should not solve separate hearings that we held. That’s email or other personal information. this problem of information-sharing what a bipartisan working group I con- This is not, again, surveillance. because we’re not solving all the prob- vened concluded when it interviewed a The bill does not allow the govern- lems that somebody can see out there. broad spectrum of stakeholders in the ment to monitor private networks, This problem of information-sharing cybersecurity debate. read private emails, censor or shut has been central to cybersecurity con- By contrast, no matter how well-in- down any Web site. This is not SOPA. cerns for some time. I happened across tentioned, cybersecurity regulations In an effort to improve the bill even a report from December 2004 that was would likely just expand government, more, the intelligence community— issued by a subcommittee I chaired of reduce flexibility, impose costs, thank you to the leadership of Chair- the Select Committee on Homeland Se- misallocate capital, create more red man ROGERS—has been working with curity, along with the gentlelady from tape and not more security. According privacy groups, the White House, and California (Ms. ZOE LOFGREN), where to one government witness, regulating other interested parties to address we wrote: Whether it is vulnerability cybersecurity practices would ‘‘stifle

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.052 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2164 CONGRESSIONAL RECORD — HOUSE April 26, 2012 innovation and harm the industry’s Mr. ROGERS of Michigan. Madam than they do. This is putting our busi- ability to protect consumers from Chair, I yield myself 2 minutes. nesses in jeopardy and jobs in jeopardy, cyberthreats.’’ Lots of misinformation about this and we know we sure need jobs. Indeed, voluntary efforts, not govern- bill today. I respect the gentleman More importantly, those of us who ment regulation, are already improving from Georgia greatly for his efforts. I work in this field know how serious cybersecurity for communications net- heard the gentleman from Texas talk these threats are. The head of our FBI, works that cover 80 percent of Ameri- about searches and seizures. And this is whose responsibility it is to provide cans. the good news: there are none of those our domestic national security, has When Congress is looking at a com- things in this bill. None. said that one of the most serious plex issue like cybersecurity, we need You know, if I knew that your house threats, if not a bigger threat, in ter- to heed the Hippocratic Oath: First, do was to be robbed, I would expect that if rorism would be a catastrophic no harm. the police knew, that they’d pick up cyberattack. We’ve already talked So I want to thank my colleagues for the phone and call you and say, you are today about what that would be. We making this process especially open going to be robbed. Take precaution. have Secretary Napolitano, the Direc- and transparent. Representative ROG- We’ll be their shortly. tor of Homeland Security, who has said ERS has graciously reached out to This bill just says, if we have this the same thing: that it is one of the members of the Energy and Commerce nasty source code, these zeroes and most serious issues our country has to Committee to understand our concerns ones, I want to give it to you so you deal with. It’s unfortunate, but most of about protecting privacy and civil lib- can protect your systems. That’s it. No our citizens aren’t aware of how seri- erties and preventing regulatory over- monitoring, no content, no surveil- ous this threat is. reach, and Representative THORN- lance, nothing. That’s not what this So we’ve attempted to allow our in- BERRY’s work in organizing the House bill is about. telligence community, which is one of Republican Cybersecurity Task Force, I understand the passion about it. the best in the world, to have the abil- which included Representatives TERRY That’s why we’ve taken a year to forge ity to see these threats coming in from and LATTA, members of my sub- this bipartisan effort to get where we other countries or from terrorist committee. believe privacy is protected. It is para- groups and to be able right now to give The Acting CHAIR. The time of the mount that we do that, that our civil this information over to the private gentleman has expired. liberties are protected. It is paramount sector to protect us, you, me, our busi- Mr. ROGERS of Michigan. I yield the that we do that. nesses. That’s what this bill does. gentleman an additional 30 seconds. But we at least take down the hurdle Nothing more. What we’re attempting Mr. WALDEN. The bottom line is, to share nasty source code or software to do is to move the bill and get the we’re going to protect America from that’s flying through the Internet, bill to the Senate. the greatest threat to America and to that’s developed, and it’s very sophisti- We can always do better in the area Americans with this legislation. We cated, by the Chinese and the Russians of privacy and civil liberties, and we’re need to make sure that our private sec- and the Iranians and other groups and going to continue to do that. We can tor is nimble and flexible and innova- non-nation-state actors that are going always do better in the area of home- tive; and tying its hands with prescrip- to steal your personal information. land security and go further to protect tive regulation—we heard over and That’s all this is. It’s sharing bad those institutions and our grid systems over again in our subcommittee hear- source code so you can put it on your and that type of thing; but this is the ings—would do the opposite of that and system so you don’t get infected. End start, because the one thing that now would result in the bad guys getting an of story. is stopping our country and is stopping edge on the good guys. I wish people would read the bill, all us from protecting our citizens is this I support this bipartisan legislation. of it, every word of it. I think you’ll Congress. I urge its passage. find the carefully crafted language to This Congress needs to pass this bill Mr. RUPPERSBERGER. Madam make sure that our rights are pro- now. We need to move forward. We Chair, I yield 2 minutes to my distin- tected, that the Fourth Amendment is need to get it to the Senate. We need to guished colleague from the State of protected. start working with the Senate. Then Georgia, Mr. JOHN LEWIS, one of the And by the way, just like the Army, hopefully we’ll deal and work very most respected Members of our Con- the Navy, the Marines, your FBI is pro- closely with the White House and find gress. tecting you. That’s what this bill al- a bill so that we can protect our citi- Mr. LEWIS of Georgia. Madam Chair, lows it to do, simply that. zens and also protect our civil liberties I want to thank my friend, the gen- So, as I said, I respect greatly the and privacy. tleman from Maryland (Mr. RUPPERS- gentleman from Georgia. There’s a lot I also understand Mr. LEWIS. We all BERGER) for yielding. of atrocities I think he lived through in respect him and what he has gone Madam Chair, I rise to oppose H.R. his life that no one should have to live through. As a former prosecutor and 3523. It is a step back. through. We took those things into lawyer who has worked on many search Those of us who protested in the fif- consideration when we wrote this bill, and seizure warrants and that type of ties and the sixties, who were called and that’s why we’ve got so much sup- thing, I can tell you this: there are no Communists, who had our telephone port and so much technical company violations in this bill at all. That is not calls recorded, we have a long memory. support, companies like Facebook and what this bill is about. If it were, I We remember our Nation’s dark past. Microsoft and all of those groups. wouldn’t be in favor of it. Martin Luther King, Jr.’s telephone So I hope people read the bill and I thank you, Mr. ROGERS, for your co- was wiretapped. His hotel room was support the bill. operation and for working with us in wiretapped. His home was wiretapped. I reserve the balance of my time. this bipartisan manner. It is a very se- Our office was wiretapped. Our meet- rious issue. ings were wiretapped. And it was not b 1530 I yield back the balance of my time. just people spying on civil rights activ- Mr. RUPPERSBERGER. I yield my- Mr. ROGERS of Michigan. I yield ists, but people protesting against the self such time as I may consume. myself the balance of my time. war in Vietnam. In closing, I want to say again that I do want to thank the ranking mem- We didn’t have a Facebook, a Twit- the purpose of this bill, as the chair- ber and both staffs from both commit- ter, or email. These new tools must be man just said, is very basic and simple. tees who have been tireless in this ef- protected. Today we have a mission, a We want to protect our citizens from fort to get it right and to find that mandate, and a moral obligation to attacks. We are being attacked as we right place where we could all feel protect future generations of activists speak right now. Just last year, it was comfortable. and protestors. estimated we lost $300 billion worth of The amendments that are following So I say to my colleagues, stand with trade secrets. We even know that one here are months of negotiation and us today. Stand up and stand on the country is attacking a fertilizer com- work with many organizations—pri- right side of history. Oppose H.R. 3523. pany to find out how we make it better vacy groups. We have worked language

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.054 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2165 with the Center for Democracy and warranted since current law exemptions pro- gerous and unprecedented. In fact, our policy Technology, and they just the other vide the flexibility necessary to protect sen- has long-been to keep the military out of such day said they applauded our progress sitive information. The bill would prohibit agen- domestic affairs. Information about cyber se- on where we’re going with privacy and cies from disclosing ‘‘cyber threat information,’’ curity should be limited to the relevant domes- civil liberties. So we have included a and it would hold the government liable for tic government bodies, such as the Depart- lot of folks. such disclosure. Unfortunately, an amendment ment of Homeland Security. It has been a long road. It has been offered on the floor did not sufficiently address The power of government to use the infor- the most open and transparent bill these concerns. mation it receives would also be tremendously that, I think, I’ve ever worked on here. Finally, the bill would allow companies to broad. One allowable use for this information We kept it open to the very end to share private consumer data without adequate is the hopelessly vague ‘‘national security.’’ In make sure that we could find the lan- protections or oversight. Private entities would the past, the government has considered guage that clarified our intent to pro- decide the type and amount of information to peace groups, civil rights activists, and other tect privacy, to protect civil liberties, share with the Federal Government, and noth- advocates to be ‘‘threats’’ to national security. and to just be able to share dangerous ing in the bill would require companies to strip It is easy to imagine how this term could be information with victims. That’s all out unnecessary personally identifiable infor- utilized for all the wrong reasons. The bill is this bill is. The whopping 13 pages it is mation. Again, an amendment offered on the supposed to be about cyber security, but al- does only that. So I appreciate the floor did not go far enough to adequately ad- lowing use of the information collected for na- comments today. I look forward to the dress this issue. tional security purposes does not necessarily amendment debate. I appreciate the great effort that went into serve that purpose. Further, the bill makes enforcing even the Again, Mr. RUPPERSBERGER, it has pulling this bill together, but more work is limited restrictions it contains difficult. With re- been a joy to work with you on this needed before I can offer my support. It is crit- spect to private entities, as long as they act particular issue. ical that we protect Americans from cyber at- ‘‘in good faith,’’ they are immune from any civil As an old Army officer once told me, tacks, and I hope we can continue to improve or criminal case in state or federal court. This once you find a problem, you are mor- this legislation as we move forward. low standard means that any time a company ally obligated to do something about Mr. NADLER. Madam Chair, I rise in strong claims it thought it was following the law, per- it. We set about it a year ago to make opposition to H.R. 3523, the Cyber Intelligence sons harmed by the improper sharing of infor- America safe and to protect your net- Sharing and Protection Act (CISPA). mation will have no recourse. work at home from people stealing it, The main topic this week, as announced by The bill does allow for civil actions against breaking it, and doing something the House Republican Leadership, is cyber government violations. Unfortunately, the abil- worse. security, a serious issue for our Nation. As we ity to bring a lawsuit against the government, So, Madam Chair, I look forward to become more dependent on computers and as provided for in the bill, is deficient in three the debate on the amendments, and I technology for even common or routine ac- ways. yield back the balance of my time. tions that happen every day, we become at in- First, the bill only would allow lawsuits Mr. CUMMINGS. Madam Chair, although I creased risk of great damage from a cyber at- against the government for breaches if filed am voting against the Cyber Intelligence Shar- tack. Nations or individuals who wish us harm ‘‘not later than two years after the date of the ing and Protection Act of 2011 today, I rec- know that, and so we must be vigilant. violation.’’ That time period is wholly unwork- ommend Representative C.A. ‘‘DUTCH’’ RUP- What we are considering today is premised able, unfair, and unrealistic. PERSBERGER, the Ranking Member of the on the idea that greater information sharing of Second, as written the bill only would im- House Intelligence Committee, for his efforts cyber threats between the government and the pose liability on the government only for ‘‘in- to improve the bill significantly since its pas- private sector will improve security. While this tentionally’’ or ‘‘willfully’’ violating its restric- sage out of committee. He has been a leader is a relatively uncontroversial idea in concept, tions. While this is helpful, such a limited liabil- in protecting our Nation against cyber attacks, the bill before us raises a number of concerns. ity scheme ignores damages arising from neg- and he has gone out of his way to make this It is important to note at the outset that the ligence. Such negligent acts could involve the bill as inclusive and bipartisan as possible. I bill allows companies to share information, in- failure to properly protect sensitive information want to thank him for the time he took to meet cluding private e-mails and other Internet com- or the failure to act with due care in deciding with me personally to discuss this legislation munications, with the government—notwith- what information should be used. and ways to improve it going forward. standing any other law. So, protections in ex- Lastly, the only remedy is monetary dam- I oppose this bill in its current form for sev- isting law, such as the Electronic Communica- ages. Injunctive relief, which could force the eral reasons. First, the Republicans on the tions Privacy Act (ECPA) and the Wiretap Act, government to change its practices, is not pro- House Rules Committee refused to allow de- are totally superseded. The government could vided for. bate on an amendment offered by Represent- get all of your information without a warrant or I filed an amendment with the Rules Com- ative BENNIE THOMPSON, the Ranking Member subpoena, and you would have little ability, if mittee to solve these three problems regarding of the House Committee on Homeland Secu- any, to stop it. Such a blanket exemption the ability to hold the government accountable. rity, to expand this legislation to protect our should give us great pause. It was not made in order. Nation’s critical infrastructure. Unfortunately, the rest of the bill does not In fact, multiple amendments were filed with In testimony before the House Intelligence provide sufficient safeguards to justify this the Rules Committee which would have made Committee, then-CIA Director Leon Panetta blanket exemption. To begin with, the defini- significant improvements to this bill. They would have narrowed its terms, limited how in- called cybersecurity ‘‘the battleground for the tion of the cyber threat information to be formation could be used, protected personal future.’’ Our Nation’s critical infrastructure—in- shared is very broad. Suggestions have been information, and so on. The Rules Committee cluding power distribution, water supply, tele- made that define what should be included as chose not to make them in order. Some of the communications, and emergency services— cyber threat information in a narrow but suffi- amendments the House was allowed to con- has become increasingly dependent on com- cient way. These suggestions were not in- sider will improve the bill, but not enough to puterized information systems to manage their cluded in this bill. sufficiently protect our privacy and civil lib- operations and to process, maintain, and re- At the very least, companies and other enti- erties. port essential information. Any effort to ad- ties providing the government with information In closing, I want to reiterate that I recog- dress this national security threat must ad- should be required to take some reasonable nize the importance of the issue of cyber se- dress our Nation’s critical infrastructure. steps to remove personally identifiable infor- curity. I agree with the proponents of the bill In addition, the legislation includes several mation. Such reasonable steps need not be that we must improve our cyber security de- provisions that are problematic. For example, overly burdensome, but, again, even this lim- fenses. under the information-sharing provisions of the ited protection was not included. But, I remain firmly committed to the notion bill, private entities receive absolute immunity Once this information was shared with the that we can protect our security and maintain from criminal or civil liability for any harm that government, it could be reviewed and used by our liberty, privacy, and freedom. This bill puts may result from a company’s actions that stem any department. The Department of Defense, our privacy at great risk, and unnecessarily so. from the sharing or receiving of cyber threat National Security Agency, and other defense As such, I oppose its passage and rec- information as long as the company can show and intelligence agencies thus would have ac- ommend my colleagues do the same. it was acting in good faith. cess to the private, domestic internet activities Mr. RAHALL. Madam Chair, I recognize the This bill would also create a new exemption of innocent Americans. This mixing of domes- need to address the threats posed to our Na- to the Freedom of Information Act that is un- tic information with military entities is dan- tion and the American economy in cyber

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The American public information to a private-sector entity or a util- ‘‘(iii) shall not be used by the Federal Govern- ity under this subsection shall not create a right ment for regulatory purposes; deserves an opportunity to gain a fuller under- ‘‘(iv) shall not be provided by the department standing of the provisions included in this bill or benefit to similar information by such entity or such utility or any other private-sector entity or agency of the Federal Government receiving and how their daily lives may be affected by or utility. such cyber threat information to another de- it. ‘‘(5) RESTRICTION ON DISCLOSURE OF CYBER partment or agency of the Federal Government For these reasons, I will oppose the bill. THREAT INTELLIGENCE.—Notwithstanding any under paragraph (2)(A) if— The Acting CHAIR. All time for gen- other provision of law, a certified entity receiv- ‘‘(I) the entity providing such information de- eral debate has expired. ing cyber threat intelligence pursuant to this termines that the provision of such information Pursuant to the rule, the bill shall be subsection shall not further disclose such cyber will undermine the purpose for which such in- threat intelligence to another entity, other than formation is shared; or considered for amendment under the 5- ‘‘(II) unless otherwise directed by the Presi- minute rule. to a certified entity or other appropriate agency or department of the Federal Government au- dent, the head of the department or agency of In lieu of the amendment in the na- thorized to receive such cyber threat intel- the Federal Government receiving such cyber ture of a substitute recommended by ligence. threat information determines that the provision the Permanent Select Committee on ‘‘(b) USE OF CYBERSECURITY SYSTEMS AND of such information will undermine the purpose Intelligence, printed in the bill, it shall SHARING OF CYBER THREAT INFORMATION.— for which such information is shared; and ‘‘(v) shall be handled by the Federal Govern- be in order to consider as an original ‘‘(1) IN GENERAL.— ‘‘(A) CYBERSECURITY PROVIDERS.—Notwith- ment consistent with the need to protect sources bill for the purpose of amendment and methods and the national security of the under the 5-minute rule an amendment standing any other provision of law, a cyberse- curity provider, with the express consent of a United States; and in the nature of a substitute consisting protected entity for which such cybersecurity ‘‘(D) shall be exempt from disclosure under a of the text of Rules Committee print provider is providing goods or services for cyber- State, local, or tribal law or regulation that re- 112–20. That amendment in the nature security purposes, may, for cybersecurity pur- quires public disclosure of information by a pub- of a substitute shall be considered as poses— lic or quasi-public entity. ‘‘(4) EXEMPTION FROM LIABILITY.—No civil or read. ‘‘(i) use cybersecurity systems to identify and obtain cyber threat information to protect the criminal cause of action shall lie or be main- The text of the amendment in the na- tained in Federal or State court against a pro- ture of a substitute is as follows: rights and property of such protected entity; and tected entity, self-protected entity, cybersecurity H.R. 3523 ‘‘(ii) share such cyber threat information with provider, or an officer, employee, or agent of a protected entity, self-protected entity, or cyber- Be it enacted by the Senate and House of Rep- any other entity designated by such protected security provider, acting in good faith— resentatives of the United States of America in entity, including, if specifically designated, the Federal Government. ‘‘(A) for using cybersecurity systems or shar- Congress assembled, ing information in accordance with this section; SECTION 1. SHORT TITLE. ‘‘(B) SELF-PROTECTED ENTITIES.—Notwith- standing any other provision of law, a self-pro- or This Act may be cited as the ‘‘Cyber Intel- ‘‘(B) for decisions made based on cyber threat tected entity may, for cybersecurity purposes— ligence Sharing and Protection Act’’. ‘‘(i) use cybersecurity systems to identify and information identified, obtained, or shared SEC. 2. CYBER THREAT INTELLIGENCE AND IN- obtain cyber threat information to protect the under this section. FORMATION SHARING. ‘‘(5) RELATIONSHIP TO OTHER LAWS REQUIRING rights and property of such self-protected entity; THE DISCLOSURE OF INFORMATION.—The submis- (a) IN GENERAL.—Title XI of the National Se- and sion of information under this subsection to the curity Act of 1947 (50 U.S.C. 442 et seq.) is ‘‘(ii) share such cyber threat information with Federal Government shall not satisfy or affect amended by adding at the end the following any other entity, including the Federal Govern- any requirement under any other provision of new section: ment. law for a person or entity to provide information ‘‘CYBER THREAT INTELLIGENCE AND INFORMATION ‘‘(2) SHARING WITH THE FEDERAL GOVERN- to the Federal Government. SHARING MENT.— ‘‘(c) FEDERAL GOVERNMENT USE OF INFORMA- ‘‘SEC. 1104. (a) INTELLIGENCE COMMUNITY ‘‘(A) INFORMATION SHARED WITH THE NA- TION.— SHARING OF CYBER THREAT INTELLIGENCE WITH TIONAL CYBERSECURITY AND COMMUNICATIONS ‘‘(1) LIMITATION.—The Federal Government PRIVATE SECTOR AND UTILITIES.— INTEGRATION CENTER OF THE DEPARTMENT OF may use cyber threat information shared with ‘‘(1) IN GENERAL.—The Director of National HOMELAND SECURITY.—Subject to the use and the Federal Government in accordance with Intelligence shall establish procedures to allow protection of information requirements under subsection (b) for any lawful purpose only if— elements of the intelligence community to share paragraph (3), the head of a department or ‘‘(A) the use of such information is not for a cyber threat intelligence with private-sector en- agency of the Federal Government receiving regulatory purpose; and tities and utilities and to encourage the sharing cyber threat information in accordance with ‘‘(B) at least one significant purpose of the of such intelligence. paragraph (1) shall provide such cyber threat use of such information is— ‘‘(2) SHARING AND USE OF CLASSIFIED INTEL- information to the National Cybersecurity and ‘‘(i) a cybersecurity purpose; or LIGENCE.—The procedures established under Communications Integration Center of the De- ‘‘(ii) the protection of the national security of paragraph (1) shall provide that classified cyber partment of Homeland Security. the United States. threat intelligence may only be— ‘‘(B) REQUEST TO SHARE WITH ANOTHER DE- ‘‘(2) AFFIRMATIVE SEARCH RESTRICTION.—The ‘‘(A) shared by an element of the intelligence PARTMENT OR AGENCY OF THE FEDERAL GOVERN- Federal Government may not affirmatively community with— MENT.—An entity sharing cyber threat informa- search cyber threat information shared with the ‘‘(i) certified entities; or tion that is provided to the National Cybersecu- Federal Government under subsection (b) for a ‘‘(ii) a person with an appropriate security rity and Communications Integration Center of purpose other than a purpose referred to in clearance to receive such cyber threat intel- the Department of Homeland Security under paragraph (1)(B). ligence; subparagraph (A) or paragraph (1) may request ‘‘(3) ANTI-TASKING RESTRICTION.—Nothing in ‘‘(B) shared consistent with the need to pro- the head of such Center to, and the head of this section shall be construed to permit the tect the national security of the United States; such Center may, provide such information to Federal Government to— and another department or agency of the Federal ‘‘(A) require a private-sector entity to share ‘‘(C) used by a certified entity in a manner Government. information with the Federal Government; or which protects such cyber threat intelligence ‘‘(3) USE AND PROTECTION OF INFORMATION.— ‘‘(B) condition the sharing of cyber threat in- from unauthorized disclosure. Cyber threat information shared in accordance telligence with a private-sector entity on the ‘‘(3) SECURITY CLEARANCE APPROVALS.—The with paragraph (1)— provision of cyber threat information to the Director of National Intelligence shall issue ‘‘(A) shall only be shared in accordance with Federal Government. guidelines providing that the head of an element any restrictions placed on the sharing of such ‘‘(d) FEDERAL GOVERNMENT LIABILITY FOR of the intelligence community may, as the head information by the protected entity or self-pro- VIOLATIONS OF RESTRICTIONS ON THE DISCLO- of such element considers necessary to carry out tected entity authorizing such sharing, includ- SURE, USE, AND PROTECTION OF VOLUNTARILY this subsection— ing appropriate anonymization or minimization SHARED INFORMATION.— ‘‘(A) grant a security clearance on a tem- of such information; ‘‘(1) IN GENERAL.—If a department or agency porary or permanent basis to an employee or of- ‘‘(B) may not be used by an entity to gain an of the Federal Government intentionally or will- ficer of a certified entity; unfair competitive advantage to the detriment of fully violates subsection (b)(3)(C) or subsection

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(c) with respect to the disclosure, use, or protec- ‘‘(B) prohibit a new information sharing rela- (b) PROCEDURES AND GUIDELINES.—The Direc- tion of voluntarily shared cyber threat informa- tionship; tor of National Intelligence shall— tion shared under this section, the United States ‘‘(C) require a new information sharing rela- (1) not later than 60 days after the date of the shall be liable to a person adversely affected by tionship between the Federal Government and a enactment of this Act, establish procedures such violation in an amount equal to the sum private-sector entity; or under paragraph (1) of section 1104(a) of the of— ‘‘(D) modify the authority of a department or National Security Act of 1947, as added by sub- ‘‘(A) the actual damages sustained by the per- agency of the Federal Government to protect section (a) of this section, and issue guidelines son as a result of the violation or $1,000, which- sources and methods and the national security under paragraph (3) of such section 1104(a); ever is greater; and of the United States. (2) in establishing such procedures and ‘‘(B) the costs of the action together with rea- ‘‘(h) DEFINITIONS.—In this section: issuing such guidelines, consult with the Sec- sonable attorney fees as determined by the ‘‘(1) CERTIFIED ENTITY.—The term ‘certified retary of Homeland Security to ensure that such court. entity’ means a protected entity, self-protected procedures and such guidelines permit the own- ‘‘(2) VENUE.—An action to enforce liability entity, or cybersecurity provider that— ers and operators of critical infrastructure to re- created under this subsection may be brought in ‘‘(A) possesses or is eligible to obtain a secu- ceive all appropriate cyber threat intelligence the district court of the United States in— rity clearance, as determined by the Director of (as defined in section 1104(h)(3) of such Act, as ‘‘(A) the district in which the complainant re- National Intelligence; and added by subsection (a)) in the possession of the sides; ‘‘(B) is able to demonstrate to the Director of Federal Government; and ‘‘(B) the district in which the principal place National Intelligence that such provider or such (3) following the establishment of such proce- of business of the complainant is located; entity can appropriately protect classified cyber dures and the issuance of such guidelines, expe- ‘‘(C) the district in which the department or threat intelligence. ditiously distribute such procedures and such agency of the Federal Government that dis- ‘‘(2) CYBER THREAT INFORMATION.—The term guidelines to appropriate departments and agen- closed the information is located; or ‘cyber threat information’ means information di- cies of the Federal Government, private-sector ‘‘(D) the District of Columbia. rectly pertaining to a vulnerability of, or threat entities, and utilities (as defined in section ‘‘(3) STATUTE OF LIMITATIONS.—No action to, a system or network of a government or pri- 1104(h)(9) of such Act, as added by subsection shall lie under this subsection unless such ac- vate entity, including information pertaining to (a)). tion is commenced not later than two years after the protection of a system or network from— (c) INITIAL REPORT.—The first report required the date of the violation of subsection (b)(3)(C) ‘‘(A) efforts to degrade, disrupt, or destroy to be submitted under subsection (e) of section or subsection (c) that is the basis for the action. such system or network; or 1104 of the National Security Act of 1947, as ‘‘(4) EXCLUSIVE CAUSE OF ACTION.—A cause of ‘‘(B) efforts to gain unauthorized access to a added by subsection (a) of this section, shall be action under this subsection shall be the exclu- system or network, including efforts to gain submitted not later than one year after the date sive means available to a complainant seeking a such unauthorized access to steal or misappro- of the enactment of this Act. remedy for a violation of subsection (b)(3)(C) or priate private or government information. (d) TABLE OF CONTENTS AMENDMENT.—The subsection (c). ‘‘(3) CYBER THREAT INTELLIGENCE.—The term table of contents in the first section of the Na- EPORT ON INFORMATION SHARING.— ‘‘(e) R ‘cyber threat intelligence’ means information in tional Security Act of 1947 is amended by adding ‘‘(1) REPORT.—The Inspector General of the the possession of an element of the intelligence at the end the following new item: Intelligence Community shall annually submit community directly pertaining to a vulnerability to the congressional intelligence committees a ‘‘Sec. 1104. Cyber threat intelligence and infor- of, or threat to, a system or network of a gov- report containing a review of the use of infor- mation sharing.’’. ernment or private entity, including information mation shared with the Federal Government pertaining to the protection of a system or net- The Acting CHAIR. No amendment under this section, including— work from— to that amendment in the nature of a ‘‘(A) a review of the use by the Federal Gov- ‘‘(A) efforts to degrade, disrupt, or destroy substitute shall be in order except ernment of such information for a purpose other such system or network; or those printed in House Report 112–454. than a cybersecurity purpose; ‘‘(B) efforts to gain unauthorized access to a ‘‘(B) a review of the type of information Each such amendment may be offered system or network, including efforts to gain shared with the Federal Government under this only in the order printed in the report, such unauthorized access to steal or misappro- section; by a Member designated in the report, ‘‘(C) a review of the actions taken by the Fed- priate private or government information. shall be considered as read, shall be de- YBERSECURITY PROVIDER.—The term ‘cy- eral Government based on such information; ‘‘(4) C bersecurity provider’ means a non-governmental batable for the time specified in the re- ‘‘(D) appropriate metrics to determine the im- port equally divided and controlled by pact of the sharing of such information with the entity that provides goods or services intended Federal Government on privacy and civil lib- to be used for cybersecurity purposes. the proponent and an opponent, shall erties, if any; ‘‘(5) CYBERSECURITY PURPOSE.—The term ‘cy- not be subject to amendment, and shall ‘‘(E) a review of the sharing of such informa- bersecurity purpose’ means the purpose of en- not be subject to a demand for division tion within the Federal Government to identify suring the integrity, confidentiality, or avail- of the question. ability of, or safeguarding, a system or network, inappropriate stovepiping of shared informa- AMENDMENT NO. 1 OFFERED BY MR. LANGEVIN including protecting a system or network from— tion; and The Acting CHAIR. It is now in order ‘‘(F) any recommendations of the Inspector ‘‘(A) efforts to degrade, disrupt, or destroy General for improvements or modifications to such system or network; or to consider amendment No. 1 printed in the authorities under this section. ‘‘(B) efforts to gain unauthorized access to a House Report 112–454. ‘‘(2) FORM.—Each report required under para- system or network, including efforts to gain Mr. LANGEVIN. I have an amend- graph (1) shall be submitted in unclassified such unauthorized access to steal or misappro- ment at the desk. form, but may include a classified annex. priate private or government information. The Acting CHAIR. The Clerk will ‘‘(f) FEDERAL PREEMPTION.—This section su- ‘‘(6) CYBERSECURITY SYSTEM.—The term ‘cy- designate the amendment. persedes any statute of a State or political sub- bersecurity system’ means a system designed or The text of the amendment is as fol- employed to ensure the integrity, confiden- division of a State that restricts or otherwise ex- lows: pressly regulates an activity authorized under tiality, or availability of, or safeguard, a system subsection (b). or network, including protecting a system or Page 1, line 13, strike ‘‘UTILITIES’’ and in- ‘‘(g) SAVINGS CLAUSES.— network from— sert ‘‘CRITICAL INFRASTRUCTURE OWNERS AND ‘‘(1) EXISTING AUTHORITIES.—Nothing in this ‘‘(A) efforts to degrade, disrupt, or destroy OPERATORS’’. section shall be construed to limit any other au- such system or network; or Page 2, line 1, strike ‘‘utilities’’ and insert thority to use a cybersecurity system or to iden- ‘‘(B) efforts to gain unauthorized access to a ‘‘critical infrastructure owners and opera- tify, obtain, or share cyber threat intelligence or system or network, including efforts to gain tors’’. cyber threat information. such unauthorized access to steal or misappro- Page 3, line 13, strike ‘‘utility’’ and insert ‘‘(2) LIMITATION ON MILITARY AND INTEL- priate private or government information. ‘‘critical infrastructure owner or operator’’. Page 3, line 16, strike ‘‘utility’’ each place LIGENCE COMMUNITY INVOLVEMENT IN PRIVATE ‘‘(7) PROTECTED ENTITY.—The term ‘protected it appears and insert ‘‘critical infrastructure AND PUBLIC SECTOR CYBERSECURITY EFFORTS.— entity’ means an entity, other than an indi- Nothing in this section shall be construed to vidual, that contracts with a cybersecurity pro- owner or operator’’. Page 17, strike lines 12 through 16. provide additional authority to, or modify an vider for goods or services to be used for cyberse- existing authority of, the Department of Defense curity purposes. The Acting CHAIR. Pursuant to or the National Security Agency or any other ‘‘(8) SELF-PROTECTED ENTITY.—The term ‘self- House Resolution 631, the gentleman element of the intelligence community to con- protected entity’ means an entity, other than an from Rhode Island (Mr. LANGEVIN) and trol, modify, require, or otherwise direct the cy- individual, that provides goods or services for a Member opposed each will control 5 bersecurity efforts of a private-sector entity or a cybersecurity purposes to itself. minutes. ‘‘(9) UTILITY.—The term ‘utility’ means an en- component of the Federal Government or a The Chair recognizes the gentleman State, local, or tribal government. tity providing essential services (other than law ‘‘(3) INFORMATION SHARING RELATIONSHIPS.— enforcement or regulatory services), including from Rhode Island. Nothing in this section shall be construed to— electricity, natural gas, propane, telecommuni- Mr. LANGEVIN. Madam Chair, I ‘‘(A) limit or modify an existing information cations, transportation, water, or wastewater yield myself such time as I may con- sharing relationship; services.’’. sume.

VerDate Mar 15 2010 02:37 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.028 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2168 CONGRESSIONAL RECORD — HOUSE April 26, 2012 The bill that we are considering ultimately believe are necessary for and, clearly, this cyber information- today creates a voluntary information- our critical infrastructure, it is a use- sharing bill. sharing network, which could provide ful first step, and I am thankful to Mr. I reserve the balance of my time. owners and operators of critical infra- LUNGREN for joining me in this effort. Mr. LANGEVIN. I thank the chair- structure with valuable threat infor- With that, Madam Chair, I reserve man of the Intelligence Committee for mation that would help them to secure the balance of my time. his thoughts. I respectfully disagree. their networks from cyberattacks. Mr. ROGERS of Michigan. I rise in The word ‘‘utilities’’ is important, but Unfortunately, the legislation speci- opposition to the amendment. I believe ‘‘critical infrastructure,’’ out fies that it applies only to ‘‘private sec- The Acting CHAIR. The gentleman is of an abundance of caution, is a better tor entities and utilities.’’ While ‘‘util- recognized for 5 minutes. term than ‘‘utilities’’. ities’’ is defined extremely broadly in Mr. ROGERS of Michigan. I want to How much time do I have, Madam the legislation as any entity that pro- first compliment Mr. LANGEVIN for Chair? vides ‘‘essential services,’’ including working with us on the cybersecurity The Acting CHAIR. The gentleman telecommunications and transpor- bill. He has been an instrumental force has 2 minutes remaining. tation providers, there remains the in pushing this cybersecurity issue to Mr. LANGEVIN. I yield 11⁄2 minutes possibility that the definition may ex- the front and in getting the language to the distinguished chairman on the clude pieces of our critical infrastruc- that we have that finds that right bal- Department of Homeland Security ture that have significant cybervulner- ance. Committee, the gentleman from Cali- abilities. My concern with this, which is why I fornia (Mr. DANIEL E. LUNGREN). My amendment, which I am offering thought, at least, the President’s ad- Mr. DANIEL E. LUNGREN of Cali- with my good friend Mr. LUNGREN from visers who were recommending to him fornia. I think the amendment is quite California, strikes the uses of the word that he veto the bill were misguided, is simple. As written, the bill allows for ‘‘utilities’’ and replaces it in each in- that now we have done something in information to be shared with the pri- stance with the phrase ‘‘critical infra- this bill that is fairly unique. It is all vate sector and utilities, but there are structure owners and operators.’’ This voluntary, and we have separated the those that do not fall within that that is a commonsense way to avoid poten- government and the private sector. The I think we would all agree should be tial confusion and to eliminate any government is not going to be involved able to have this relationship. possibility that critical entities could in private sector networks, and they’re Our amendment would have the sim- be denied the opportunity to opt into not going to be involved in the govern- ple effect of including those elements this voluntary information-sharing ment networks. Perfect. That’s exactly such as airport authorities, mass tran- framework and thereby share and re- the balance we found. sit authorities, or municipal hospitals, ceive the valuable classified threat in- With this, it crosses both of those, which are neither private sector nor formation that will be available under and it gets us to a place that I think we utilities, to be able to participate in CISPA. need to have a lot more discussion on, this voluntary information-sharing re- This amendment will not signifi- and you can see by the level of debate gime. cantly expand the scope of the legisla- just on this issue how people are really I find it odd to find out that the com- tion, but instead will help prevent in- nervous about the Federal Government mittee is worried about the definition terpretations of language that could be getting into their business. of ‘‘critical infrastructure.’’ That has contrary to the committee’s intent, b 1540 been defined in the U.S. Code for over which I believe is the same as mine. a decade. It is in the language in 42 Now, while I recognize that any regu- This, I’m afraid, opens it up to that. U.S.C. 5195c, the Critical Infrastructure lation of critical infrastructure would Here’s the good news. We believe this is Protection Act of 2001, which defines be outside the Intelligence Commit- already covered in the bill as far as the critical infrastructure as: sharing component, and you replace tee’s jurisdiction, I nonetheless want Systems or assets, whether physical or vir- to take this opportunity to voice my the word ‘‘utility’’ with something tual, so vital to the United States that the strong conviction that our efforts must that isn’t defined, ‘‘critical infrastruc- incapacity or destruction of such systems not stop with the legislation that we ture, owners and operators.’’ We’re not and assets would have a debilitating impact are considering this week. sure what that is, and in some cases on security, national economic security, na- Just as the airline industry must fol- you could extrapolate that to be even tional public health or safety, or any com- low Federal Aviation Administration the local police, who argue they’re part bination of those matters. safety standards, the companies that of the national security infrastructure. That has been the definition that we own and operate the infrastructure on Does that mean local police are going have supported. That’s been the defini- which the public most relies should be to get very sensitive foreign tion that we’ve worked on. Your com- accountable for protecting their con- cyberintelligence information? And mittee, our committee, all committees sumers when confronted with a signifi- why would they have it? We don’t know have. I find this a very simple amend- cant risk. I, along with many Members the answers to those questions, and ment that tries to reach what we are on both sides of the aisle and experts that’s why we’re having such a hard all trying to reach. It does not grant within and outside of government, have time with this amendment. any more authority to the Federal come to the same basic conclusion: the I would argue that there does need to Government. It allows for the sharing status quo of voluntary action will not be a Homeland Security bill, and it of information to vital entities, as the result in strong cyberprotections for really shouldn’t be done in the Intel- gentleman has suggested, that we our most valuable and vulnerable in- ligence Committee. It should be done would all agree ought to be there. dustries. The Secretary of Homeland in the Homeland Security Committee. I would hope that pride of authorship Security emphasized last week that So I would love to work with Mr. is not the problem here. We’re trying our critical infrastructure control sys- LANGEVIN as the process works its way to do something that we think makes tems, which are mainly in private through the Homeland Security Com- common sense. And if folks have trou- hands, must come up to a certain base- mittee and believe that that should be ble with the definition of critical infra- line level in cybersecurity standards. fully debated. structure, you would have thought it With increased public awareness Remember, when you start getting would have been raised in the last dec- helping to build momentum for legisla- regulation into the private sector, in- ade. tive action, we have a real chance to cluding private networks, that, I argue, The Acting CHAIR. The time of the address these threats. I hope that we is troublesome and very worrisome to gentleman has expired. will not look back on this moment me, and something I would have a hard Mr. LANGEVIN. I yield the gen- years from now, regretting a missed time supporting. tleman an additional 15 seconds. opportunity after the damage has been So, I look forward to working with Mr. DANIEL E. LUNGREN of Cali- done. While the amendment we are of- the gentleman. I would have to oppose fornia. I would hope that we could have fering today will not by itself provide this amendment, but I want to thank support for this bipartisan amendment the protections that Mr. LUNGREN and I you for all your work on the cyberissue brought forward by the gentleman who

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This attack crippled Georgia’s Mr. ROGERS of Michigan. How much mand a recorded vote. banking system and disrupted the na- time do I have remaining? The Acting CHAIR. Pursuant to tion’s cell phone services, helping to The Acting CHAIR. The gentleman clause 6 of rule XVIII, further pro- clear the battlefield for the invading has 3 minutes remaining. ceedings on the amendment offered by Russians. Mr. ROGERS of Michigan. I would the gentleman from Rhode Island will Perhaps the most significant dan- just remind the gentleman that the be postponed. gerous activity in cyberspace even goes definition does not go back anywhere The Chair understands that amend- unnoticed. Cyberspies lay in wait for in this bill to that. It leaves it open, ment No. 2 will not be offered. years in order to eventually steal pre- and when you start, again, crossing AMENDMENT NO. 3 OFFERED BY MR. POMPEO cious military and economic secrets. that valley between the government The Acting CHAIR. It is now in order Each of these examples further illus- and the private sector, it causes seri- to consider amendment No. 3 printed in trates the need for legislation. Unfor- ous issues—as you can see, the people House Report 112–454. tunately, some civil liberties and pri- who are very concerned that the gov- Mr. POMPEO. I have an amendment vacy advocates claim that liability ernment is going to get into regulating at the desk. protection in this bill with respect to anything on the Internet. The Acting CHAIR. The Clerk will the use of cybersecurity systems could I would say this is no pride of author- designate the amendment. lead to broader activities than author- ship. I don’t know if Mr. RUPPERS- The text of the amendment is as fol- ized. BERGER and I could have any more au- lows: This legislation doesn’t do that, but thors participate in our bill than we Page 8, beginning on line 18, strike ‘‘or my amendment simply provides clari- have. sharing information’’ and insert ‘‘to identify fying language to the original language The problem here is very real and or obtain cyber threat information or for of the bill, and thus enjoys the support very substantive. And that’s why I sharing such information’’. of bipartisan cosponsors of the legisla- think both the gentlemen, who have as The Acting CHAIR. Pursuant to tion, as well as the outside groups that much passion and care and commit- House Resolution 631, the gentleman raise these concerns. ment to this issue as I’ve seen, need to from Kansas (Mr. POMPEO) and a Mem- Madam Chair, I urge approval of this work that issue on the Homeland Secu- ber opposed each will control 5 min- amendment. rity Committee so you can do it in a utes. With that, I reserve the balance of way that won’t rise to the level of the The Chair recognizes the gentleman my time. objections that we have seen when just from Kansas. The Acting CHAIR. Does any Member the suggestion of regulating outside of Mr. POMPEO. I want to thank Chair- seek time in opposition? the purview of national security comes man ROGERS and Chairman RUPPERS- Mr. POMPEO. I yield as much time into discussion. BERGER for their hard work on this im- as he may consume to the gentleman That’s why I would hope the gen- portant piece of legislation. I am from Michigan (Mr. ROGERS), the chair- tleman would exercise extreme caution among those folks who, when I first man of the Intelligence Committee. when taking that walk. It is perilous learned of this legislation, had some b 1550 concerns to make sure that it was bal- for the government to get into regu- Mr. ROGERS of Michigan. I want to lating the Internet, and I oppose that anced and it did the right things. Also thank Mr. POMPEO for working with us. as a former Army officer, I recognize completely. That’s why we have these This was an amendment negotiated problems, I think, arise from it. I the deep national security implications with Mr. RUPPERSBERGER and myself think, if these are issues that they can of the cyberthreat, but I also wanted to and Mr. POMPEO to clearly define the make sure that we also did everything get over, that this should have sub- intention of the bill, and I think it of- that was necessary to protect every- stantive debate. Remember, this very fers protections. I think we should all narrow bill took 1 year—1 year—of one’s privacy rights. strongly support Mr. POMPEO’s amend- This is a simple amendment. It work and negotiation and discussions ment. to get it to where we are today. makes clear that the liability protec- Mr. POMPEO. Madam Chair, I yield So, I would encourage that maybe tion in the bill with respect to the use back the balance of my time. more thought ought to be put in it, and of such systems only extends to the The Acting CHAIR. The question is I would look forward to working with identification and acquisition of on the amendment offered by the gen- both gentleman as they introduce and cyberthreat information and no fur- tleman from Kansas (Mr. POMPEO). work their bills through the Homeland ther. The amendment was agreed to. Security Committee, as I think would This is an unprecedented threat from AMENDMENT NO. 4 OFFERED BY MR. ROGERS OF be appropriate. countries like China and Russia. These MICHIGAN I reserve the balance of my time. are hostile nations, and they’re com- The Acting CHAIR. It is now in order Mr. LANGEVIN. Again, I thank the mitting resources, unprecedented re- to consider amendment No. 4 printed in chairman of the Intelligence Com- sources, to attack U.S. networks each House Report 112–454. mittee for his thoughts. I want to be and every minute of every day. While Mr. ROGERS of Michigan. I have an very clear that this term substituting this new threat is being developed by amendment at the desk, Madam Chair. ‘‘critical infrastructure’’ for ‘‘utilities’’ our foreign enemies, organized crimi- The Acting CHAIR. The Clerk will does not lend to regulating critical in- nals and foreign hackers also just as designate the amendment. frastructure. It just allows for the easily deploy malicious cyberattacks The text of the amendment is as fol- broadest possible definition of informa- to disrupt stock markets, transpor- lows: tion-sharing among those entities that tation networks, businesses, govern- Page 9, beginning on line 2, strike ‘‘affect are deemed to be critical infrastruc- ments, and even our military oper- any’’ and insert ‘‘affect—’’. ture. ations. Page 9, strike lines 3 through 5 and insert the following: With that, I thank Chairman LUN- A devastating cyberattack could eas- ‘‘(A) any requirement under any other pro- GREN for his support of this bipartisan ily be unleashed from the remote com- vision of law for a person or entity to pro- amendment, and I yield back the bal- fort of enemies’ computers thousands vide information to the Federal Government; ance of my time. of miles away from our Nation. We or Mr. ROGERS of Michigan. I yield must take this threat very, very seri- ‘‘(B) the applicability of other provisions of back the balance of my time. ously. law, including section 552 of title 5, United

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Pursuant to under the Freedom of Information Act, the following: House Resolution 631, the gentleman we have a responsibility to protect ‘‘(1) LIMITATION.—The Federal Government from Michigan (Mr. ROGERS) and a classified information from disclosure, may use cyber threat information shared Member opposed each will control 5 but we also understand the need to with the Federal Government in accordance minutes. keep information open to the public. with subsection (b)— The Chair recognizes the gentleman The amendment makes clear that in- ‘‘(A) for cybersecurity purposes; ‘‘(B) for the investigation and prosecution from Michigan. formation available under other au- Mr. ROGERS of Michigan. Madam of cybersecurity crimes; thorities remains subject to FOIA, and ‘‘(C) for the protection of individuals from Chair, I strongly encourage the support I urge all Members to support this bi- the danger of death or serious bodily harm of this amendment. It’s a simple partisan amendment. and the investigation and prosecution of amendment we negotiated. It is clari- Mr. CHAFFETZ. Will the gentleman crimes involving such danger of death or se- fying language again on FOIA. yield? rious bodily harm; With that, I yield such time as he Mr. RUPPERSBERGER. I yield to ‘‘(D) for the protection of minors from may consume to the gentleman from the gentleman from Utah. child pornography, any risk of sexual exploi- California (Mr. ISSA). Mr. CHAFFETZ. I thank the gen- tation, and serious threats to the physical safety of such minor, including kidnapping Mr. ISSA. I thank the gentleman for tleman for yielding. yielding. Hopefully there will be time and trafficking and the investigation and I appreciate the bipartisan nature in prosecution of crimes involving child por- left over also for Mr. CHAFFETZ, who which this is moving forward. I appre- nography, any risk of sexual exploitation, has worked hard on this amendment. ciate specifically Chairman ROGERS, and serious threats to the physical safety of I want to thank the chairman for Chairman ISSA, and the ranking mem- minors, including kidnapping and traf- working with our committee on this ber. ficking, and any crime referred to in amendment that clarifies in the Cyber I stand in support of this amend- 2258A(a)(2) of title 18, United States Code; or Intelligence Sharing and Protection ment. I think FOIA is a very important ‘‘(E) to protect the national security of the United States. Act that FOIA, the Freedom of Infor- principle we have in this, and this just mation Access Act, is in fact clearly in Page 16, before line 1 insert the following: strengthens that. ‘‘(4) CYBERSECURITY CRIME.—The term ‘cy- effect for the vast majority of this in- I would also say, Madam Chair, that bersecurity crime’ means— formation. I was opposed to SOPA. I was ada- ‘‘(A) a crime under a Federal or State law We understand that companies—I mantly opposed to this. But this bill in that involves— will just take an example—such as particular is desperately needed in this ‘‘(i) efforts to degrade, disrupt, or destroy electric utility companies may share country. Cybersecurity is a very real a system or network; their very vulnerabilities as a part of a threat, and this bill is something that ‘‘(ii) efforts to gain unauthorized access to process to reduce or eliminate these is needed in this country. I think it is a system or network; or vulnerabilities. We certainly under- ‘‘(iii) efforts to exfiltrate information from strong in its Fourth Amendment pro- a system or network without authorization; stand that that’s not FOIAable. Na- tections. I think it’s appropriate for or tional security is not FOIAable. How- this Nation to do this. We need to ‘‘(B) the violation of a provision of Federal ever, we, in this amendment, ensure make sure that we’re smart in how we law relating to computer crimes, including a that everything is at least possibly advance. violation of any provision of title 18, United FOIAable whenever it would be appro- There have been some much-needed States Code, created or amended by the Com- priate, and then the only question is amendments that were adopted. But puter Fraud and Abuse Act of 1986 (Public does it stand for one of the exclusions. again, the bill, as we see it moving for- Law 99–474).’’. So by making it narrow, we tell the ward, I think, will strengthen cyberse- The Acting CHAIR. Pursuant to American people that the Freedom of curity in this country, and I’m proud of House Resolution 631, the gentleman Information Act is in effect on cyberse- the fact that Chairman ROGERS is from Arizona (Mr. QUAYLE) and a Mem- curity and will not be unreasonably bringing this bill to the floor. ber opposed each will control 5 min- withheld. I urge the support of this amendment utes. I think this is critical at a time when and the underlying bill. The Chair recognizes the gentleman greater transparency is the promise Mr. ROGERS of Michigan. Madam from Arizona. and there is a great deal of concern Chair, I yield back the balance of my Mr. QUAYLE. Madam Chair, I yield about cybersecurity somehow being time. myself such time as I may consume. something that would take away Mr. RUPPERSBERGER. I yield back I appreciate the opportunity to speak America’s freedoms. Just the opposite the balance of my time. in favor of this bipartisan amendment is true. Our freedom of the Internet, The Acting CHAIR. The question is that I’m offering along with Congress- our freedom to have an effective and on the amendment offered by the gen- woman ESHOO, Congressman THOMP- efficient system on which to build our tleman from Michigan (Mr. ROGERS). SON, and Congressman BROUN. infrastructure both for electricity and The question was taken; and the Act- H.R. 3523 is designed to increase the other utilities, but also for our every- ing Chair announced that the ayes ap- sharing of government intelligence and day life, essentially requires the kind peared to have it. cyberthreats with the private sector of cooperation that we anticipate. Mr. RUPPERSBERGER. Madam and allow private sector companies to Mr. RUPPERSBERGER. Madam Chair, I demand a recorded vote. share threat information on a vol- Chair, I claim time in opposition to the The Acting CHAIR. Pursuant to untary basis. The bill is consistent amendment; however, I do not oppose clause 6 of rule XVIII, further pro- with our founding principles and our the amendment. ceedings on the amendment offered by Constitution. Indeed, as the nature of The Acting CHAIR. Without objec- the gentleman from Michigan will be the threats facing our Nation change, I tion, the gentleman from Maryland is postponed. believe this legislation is vital to pro- recognized for 5 minutes. It is now in order to consider amend- tecting our country. There was no objection. ment No. 5 printed in House Report Every day our military intelligence Mr. RUPPERSBERGER. I agree with 112–454. communities work to counter tradi- Mr. ISSA’s comments. This is a joint AMENDMENT NO. 6 OFFERED BY MR. QUAYLE tional threats like nuclear and biologi- amendment of Mr. ROGERS and me. The The Acting CHAIR. It is now in order cal weapons in order to prevent a cata- amendment would make it clear that to consider amendment No. 6 printed in strophic attack on U.S. soil, but to- while FOIA exemption protects infor- House Report 112–454. day’s security threats are becoming mation obtained under the bill, regu- Mr. QUAYLE. Madam Chair, I have less traditional. Four nations have cho- latory information required by other an amendment at the desk. sen cyberspace as an area of particular

VerDate Mar 15 2010 03:13 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.020 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2171 vulnerability for America and are tar- THOMPSON). He is on the Intelligence The question was taken; and the Act- geting critical military and economic Committee and also a sponsor of this ing Chair announced that the ayes ap- cyberinfrastructure. amendment. peared to have it. Admiral Mike Mullen, the former Mr. THOMPSON of California. I Mr. RUPPERSBERGER. Madam Chairman of the Joint Chiefs of Staff, thank the gentleman for yielding. Chair, I demand a recorded vote. lists cyberattacks as one of the top Madam Chair, I rise in support of the The Acting CHAIR. Pursuant to threats facing the United States. Sec- Thompson-Eshoo-Quayle-Broun amend- clause 6 of rule XVIII, further pro- retary of Defense and former CIA Di- ment to this bill. The threat of a dev- ceedings on the amendment offered by rector Leon Panetta warned that the astating cyberattack is real and cannot the gentleman from Arizona will be next Pearl Harbor we confront could be understated. I believe the Federal postponed. very well be a cyberattack that crip- Government and private companies AMENDMENT NO. 7 OFFERED BY MR. AMASH ples our power systems, our grid, our need to work together to protect our The Acting CHAIR. It is now in order security systems, our financial sys- national and economic security. But in to consider amendment No. 7 printed in tems, our governmental systems. doing so, we still have a responsibility House Report 112–454. This legislation not only protects our to protect the constitutional rights of Mr. AMASH. I have an amendment at national security and intellectual prop- law-abiding citizens. the desk. I’m concerned that the underlying erty, it also provides private and public The Acting CHAIR. The Clerk will bill is drafted in a way where consumer entities to voluntarily work with the designate the amendment. information could be shared too broad- government to protect every individ- The text of the amendment is as fol- ly and used in ways unrelated to com- ual’s personal information from na- lows: bating cybersecurity threats. The tion-state actors like China, Russia, Page 10, after line 10, insert the following and Iran, who are determined to use Thompson-Eshoo-Quayle-Broun amend- ment will tighten the bill’s limitation new paragraph: cyberattacks to steal from us and ‘‘(4) PROTECTION OF SENSITIVE PERSONAL on the Federal Government’s use of weaken us. DOCUMENTS.—The Federal Government may cyberthreat information shared under not use the following information, con- b 1600 this legislation. Specifically, our taining information that identifies a person, This bipartisan amendment will fur- amendment will limit the Federal Gov- shared with the Federal Government in ac- ther solidify protecting the homeland ernment’s use of shared information cordance with subsection (b): from foreign nation-states wishing to only for cybersecurity purposes, for the ‘‘(A) Library circulation records. ‘‘(B) Library patron lists. do us harm, while protecting civil lib- investigation and prosecution of cyber- security crimes, to protect against the ‘‘(C) Book sales records. erties. ‘‘(D) Book customer lists. This amendment significantly nar- threat of imminent harm, and protect ‘‘(E) Firearms sales records. rows the bill’s current limitation of the our country’s national security. ‘‘(F) Tax return records. Federal Government’s use of cyber- This bill, even with our amendment, ‘‘(G) Educational records. threat information that is voluntarily isn’t perfect. As this legislation moves ‘‘(H) Medical records. shared by the private sector. Specifi- forward, I expect the word of the chair- The Acting CHAIR. Pursuant to cally, this amendment strictly limits man to be honored when he says that House Resolution 631, the gentleman our committee will work together to the Federal Government’s use of volun- from Michigan (Mr. AMASH) and a tarily shared cyberthreat information further protect personal information Member opposed each will control 5 to the following five purposes: cyberse- and limit its use. For example, further minutes. curity purposes; investigation and narrowing terms in this bill, such as The Chair recognizes the gentleman prosecution of cybersecurity crimes; ‘‘to protect the national security of the from Michigan. protection of individuals from danger United States,’’ will be necessary, I be- Mr. AMASH. I yield myself such time of death or serious bodily harm; and lieve, to fully protect our civil lib- as I may consume. protection of minors from child por- erties. I’m extremely concerned about the Mr. QUAYLE. I yield 30 seconds to nography, any risk of sexual exploi- privacy implications of the bill. The li- the chairman of the Intelligence Com- tation, and serious threats to the phys- ability waiver goes too far, and the mittee, Mr. ROGERS. ical safety of a minor; finally, protec- government can access too much of Mr. ROGERS of Michigan. Thank tion of the national security of the Americans’ private information and you, Mr. QUAYLE. United States. Again, this is an amendment worked use it in too many ways. If the government violates the use Our amendment addresses that last out with Mr. RUPPERSBERGER, Mr. limitation, the bill provides for govern- concern. Our amendment prohibits THOMPSON, Mr. QUAYLE, and myself. ment liability for actual damages, CISPA from being used to snoop Ms. ESHOO is also on the amendment. costs, and attorney fees in Federal This is in consultation with all of the through sensitive documents that can court. These provisions together ensure privacy groups and the civil liberty personally identify Americans. The that information cannot be shared with groups. We wanted to make sure that documents that our amendment makes the government or used under this bill the intent matched the language. And off-limits to the government are li- unless there’s a direct tie to cybersecu- we think this is a limiting amendment brary and book records, information on rity. on what it can be used for, which is gun sales, tax returns, educational Cyberterrorists work fast, so Con- very narrow, is very specific; and we records, and medical records. gress needs to work faster to protect think this enhances already good pri- We didn’t pull this list out of thin America. Enabling information-sharing vacy protections in the bill, and I air. In fact, the list already exists in between the government and private strongly support it and would encour- Federal law as part of the PATRIOT sector is the quickest and easiest way age the House to strongly support the Act. Under the PATRIOT Act, the Fed- to prevent a cyberattack on our Na- bipartisan amendment. eral Government can obtain these doc- tion. Our amendment ensures we can Mr. RUPPERSBERGER. I yield back uments as part of a foreign intelligence accomplish this goal while also pro- the balance of my time. investigation only if senior FBI offi- tecting the privacy of all Americans, Mr. QUAYLE. I just want to thank cials request the documents and a Fed- and I urge my colleagues to support it. the chairman and the ranking member eral judge approves. Mr. RUPPERSBERGER. I rise to and their staffs for working tirelessly Many have questioned the wisdom of claim time in opposition, but I do not on this bill. It’s a good bill, and this allowing the government access to sen- oppose the amendment. amendment, I believe, strengthens it. sitive documents even in those more The Acting CHAIR. Without objec- I urge my colleagues to support it, limited circumstances. If the PATRIOT tion, the gentleman from Maryland is and I yield back the balance of my Act requires the approval of a Federal recognized for 5 minutes. time. judge and a senior FBI official, surely There was no objection. The Acting CHAIR. The question is we can’t allow access to such personal Mr. RUPPERSBERGER. I yield to on the amendment offered by the gen- information without any judicial or the gentleman from California (Mr. tleman from Arizona (Mr. QUAYLE). agency oversight. I don’t know why the

VerDate Mar 15 2010 04:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.066 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2172 CONGRESSIONAL RECORD — HOUSE April 26, 2012 government would want to snoop Mr. MULVANEY. I have an amend- formation of American citizens. It ex- through library lists or tax returns to ment at the desk. plicitly prohibits the Federal Govern- counter a cyberattack. But if the gov- The Acting CHAIR. The Clerk will ment from retaining or using the infor- ernment wants these records, it has ex- designate the amendment. mation for purposes other than specifi- isting legal processes to obtain them. The text of the amendment is as fol- cally specified or set forth in the legis- Our constituents’ privacy demands lows: lation. that we not give the government unfet- Page 10, after line 10 insert the following: Let’s make it clear. The government tered and unsupervised access to these ‘‘(4) NOTIFICATION OF NON-CYBER THREAT IN- cannot keep or use the shared informa- documents in the name of cybersecu- FORMATION.—If a department or agency of tion to see if you failed to pay your rity. the Federal Government receiving informa- taxes. The government cannot use this Please support the bipartisan Amash- tion pursuant to subsection (b)(1) determines information to read your emails. The Labrador-Nadler-Paul-Polis amend- that such information is not cyber threat in- government cannot use this informa- formation, such department or agency shall ment. notify the entity or provider sharing such in- tion to track your credit card pur- I reserve the balance of my time. formation pursuant to subsection (b)(1). chases or look at the Web sites that The Acting CHAIR. Does any Member ‘‘(5) RETENTION AND USE OF CYBER THREAT you’ve been visiting. Under our amend- seek recognition in opposition to the INFORMATION.—No department or agency of ment, the Federal Government cannot amendment? the Federal Government shall retain or use use retained information unless it was Mr. AMASH. I yield back the balance information shared pursuant to subsection directly related to a cyber or national of my time. (b)(1) for any use other than a use permitted security threat. Mr. NADLER. Madam Chair, I rise in strong under subsection (c)(1). Finally, this bipartisan amendment ‘‘(6) PROTECTION OF INDIVIDUAL INFORMA- support of the Amash-Labrador-Nadler-Paul- requires—requires—the Federal Gov- TION.—The Federal Government may, con- Polis Amendment. sistent with the need to protect Federal sys- ernment to notify any private sector While I believe most Members agree both tems and critical information infrastructure entity that shares information with that a cyber attack could be devastating and from cybersecurity threats and to mitigate the government if that information is that sharing information will help to fight that such threats, undertake reasonable efforts to not, in fact, cyberthreat information so threat, the underlying bill is overly broad and limit the impact on privacy and civil lib- that it doesn’t happen again, and the intrusive. Our amendment will add at least a erties of the sharing of cyber threat informa- government must delete that informa- modicum of protection for Americans’ privacy. tion with the Federal Government pursuant tion. While the idea of privacy may seem quaint to this subsection. The privacy of American citizens is to some in this day of social networking and Page 14, after line 13, insert the following: ‘‘(4) USE AND RETENTION OF INFORMATION.— simply too important to dismiss. Our the Internet, most Americans still believe that Nothing in this section shall be construed to amendment narrows the scope of the they have a zone of privacy vis-a-vis the gov- authorize, or to modify any existing author- bill to ensure personal information is ernment. As such, it is important we protect ity of, a department or agency of the Federal protected and that we are focusing on private actions from the prying eyes of govern- Government to retain or use information the true threat—advanced, foreign ment. Moreover, the government has a history shared pursuant to subsection (b)(1) for any state-sponsored cyberattacks against of misusing such information and so we need use other than a use permitted under sub- America and its private entities. to be very circumspect in what we allow it ac- section (c)(1).’’. With that, I would yield such time as cess to. The Acting CHAIR. Pursuant to he may consume to the chairman. Our amendment prohibits records or infor- House Resolution 631, the gentleman Mr. ROGERS of Michigan. Madam mation regarding what books you bought or from South Carolina (Mr. MULVANEY) Chair, I just want to rise in strong sup- checked out of the library, your medical and a Member opposed each will con- port of this amendment. I appreciate records, tax returns, and so on from being trol 5 minutes. Mr. MULVANEY’s working with the com- used by the government for any purpose if it The Chair recognizes the gentleman mittee. obtained that information pursuant to this bill. from South Carolina. This is a limiting amendment, and I There is no need for the government to have Mr. MULVANEY. I yield myself such think it, again, is in response to mak- this most personal of information—I don’t see time as I may consume. ing sure that the intent of the bill how any of it could be possibly relevant to Madam Chair, I appreciate the oppor- meets the language of the bill, and this cyber security. And, if the information can’t be tunity to rise today to speak in favor is well done to continue to protect pri- legally used, hopefully that will discourage to this amendment to the Cyber Intel- vacy and civil liberties of all Ameri- companies from sharing it in the first place. ligence Sharing and Protection Act. cans and still allow for the government The categories of information in our amend- CISPA is fundamentally based on the to share malicious source code with the ment are already given a protected status in authority granted to Congress in arti- private sector. the Foreign Intelligence Surveillance Act cle I of the Constitution and article IV Mr. RUPPERSBERGER. Madam (FISA). FISA requires a court order and the of the Constitution, specifically to pro- Chair, I rise in opposition to the approval of a high-ranking FBI official to re- vide for the common defense and to amendment; although I do not oppose quest these personal materials. If that is the protect the Nation against invasion—in the amendment. standard under FISA, we should not let com- fact, the only affirmative duty that The Acting CHAIR. Without objec- panies cavalierly hand such records to the this government is obligated to meet tion, the gentleman from Maryland is government with no independent review at all. under the terms of our Constitution. recognized for 5 minutes. I urge my colleagues to support this amend- This bill protects our Nation from There was no objection. ment. foreign cyberthreats through the vol- Mr. RUPPERSBERGER. I also sup- The Acting CHAIR. The question is untary sharing of cyberthreat informa- port this amendment. It is very impor- on the amendment offered by the gen- tion. It is important for Members to tant. It’s another example of what tleman from Michigan (Mr. AMASH). understand this bill allows for only vol- we’re attempting to do to protect the The question was taken; and the Act- untary sharing of information on cy- privacy and civil liberties of our citi- ing Chair announced that the ayes ap- bersecurity threats to the United zens but yet have a bill that we clearly peared to have it. States between the government and need to protect them from a national Mr. AMASH. Madam Chair, I demand the private sector. security perspective. a recorded vote. I yield back the balance of my time. The Acting CHAIR. Pursuant to b 1610 Mr. MULVANEY. I yield back the clause 6 of rule XVIII, further pro- It includes no mandates to the pri- balance of my time. ceedings on the amendment offered by vate sector. It contains no new spend- The Acting CHAIR. The question is the gentleman from Michigan will be ing and strictly limits how the govern- on the amendment offered by the gen- postponed. ment can use the information that is tleman from South Carolina (Mr. AMENDMENT NO. 8 OFFERED BY MR. MULVANEY voluntarily provided by the private MULVANEY). The Acting CHAIR. It is now in order sector. The amendment that I’ve of- The question was taken; and the Act- to consider amendment No. 8 printed in fered with Mr. DICKS today goes one ing Chair announced that the ayes ap- House Report 112–454. step further to protect the private in- peared to have it.

VerDate Mar 15 2010 03:13 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.069 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2173 Mr. MULVANEY. Madam Chair, I de- I’d like to yield to the gentleman very clear that this government’s use mand a recorded vote. from Michigan such time as he may of this information will be limited. The Acting CHAIR. Pursuant to consume. I think some have claimed incor- clause 6 of rule XVIII, further pro- Mr. ROGERS of Michigan. I want to rectly that the current bill could be ceedings on the amendment offered by thank the gentleman from Arizona for read to provide new authority to the the gentleman from South Carolina working with us. This, again, was a ne- Federal Government to install its Ein- will be postponed. gotiated amendment. The gentleman stein system on private sector net- AMENDMENT NO. 9 OFFERED BY MR. FLAKE approached us with concerns to make works and to monitor traffic and send The Acting CHAIR. It is now in order sure that the IG report adequately re- it back to the government with abso- to consider amendment No. 9 printed in flected and allowed us to perform the lutely no limitations. That’s wrong. House Report 112–454. adequate oversight. This amendment This amendment, however, makes it Mr. FLAKE. I have an amendment at does that. I appreciate his work and ef- even more clear. This amendment the desk. fort, and I think this strengthens the makes clear that nothing in this bill The Acting CHAIR. The Clerk will bill and continues to provide the over- would alter existing authorities or pro- designate the amendment. sight and protection of civil liberties vide any new authority to any entity The text of the amendment is as fol- and privacy for all Americans. to use a Federal Government-owned or lows: The Acting CHAIR. Does any Member -operated cybersecurity system on a Page 12, after line 18, insert the following seek recognition in opposition? private sector system or network to new subparagraph: Mr. FLAKE. I just want to say I sup- protect such a system or network. ‘‘(E) a list of the department or agency re- port the legislation in the underlying Again, I’m pleased to support the leg- ceiving such information; bill, and I would urge support for this islation. It doesn’t create any new reg- The Acting CHAIR. Pursuant to amendment as well, and I yield back ulatory regime. It doesn’t create any House Resolution 631, the gentleman the balance of my time. more Federal bureaucracy. And it has from Arizona (Mr. FLAKE) and a Mem- The Acting CHAIR. The question is no additional spending. I urge my col- ber opposed each will control 5 min- on the amendment offered by the gen- leagues to support this amendment and final passage of CISPA. utes. tleman from Arizona (Mr. FLAKE). I yield whatever time he might con- The Chair recognizes the gentleman The amendment was agreed to. sume to the chairman of the Intel- from Arizona. AMENDMENT NO. 11 OFFERED BY MR. POMPEO Mr. FLAKE. This amendment is ligence Committee. The Acting CHAIR. It is now in order straightforward. It would require the Mr. ROGERS of Michigan. This is an to consider amendment No. 11 printed inspector general of the intelligence important amendment, and again, I in House Report 112–454. community to include a list of federal think it alleviates some of the con- Mr. POMPEO. Madam Chair, I have agencies and departments receiving in- cerns. They were misguided, but this an amendment at the desk. formation shared with the government locks it down, makes it very tight and The Acting CHAIR. The Clerk will in the report already required by the makes it very clear on the limiting of designate the amendment. underlying legislation. this information, which is the intent of The text of the amendment is as fol- This act is an important piece of leg- this bill. So I think this amendment lows: islation that will help private entities addresses the privacy and civil lib- and utilities protect themselves from Page 14, after line 13, insert the following: erties advocates’ claims that the liabil- catastrophic attacks to their networks ‘‘(4) LIMITATION ON FEDERAL GOVERNMENT ity protection in the bill with respect USE OF CYBERSECURITY SYSTEMS.—Nothing in by creating the authority for private to the use of cybersecurity systems this section shall be construed to provide ad- could be read to be broader than the entities and utilities to voluntarily ditional authority to, or modify an existing share information pertaining to authority of, any entity to use a cybersecu- activities authorized by the legislation. cyberattacks with the Federal Govern- rity system owned or controlled by the Fed- As I said, that was not true, certainly ment and vice versa. eral Government on a private-sector system not the intent. This amendment makes H.R. 3523 avoids placing costly man- or network to protect such private-sector that very clear in the bill that that dates on private industry and the cre- system or network.’’. would not be its purpose, and it is a ation of a new regulatory structure. The Acting CHAIR. Pursuant to limiting amendment. I strongly sup- That’s what I really appreciate about House Resolution 631, the gentleman port this amendment. It is a bipartisan this legislation, as I’m sure everyone from Kansas (Mr. POMPEO) and a Mem- amendment as well. does—it’s voluntary. ber opposed each will control 5 min- Mr. POMPEO. Madam Chairwoman, I As with any new intelligence pro- utes. yield back the balance of my time. The Acting CHAIR. The question is gram, however, it’s incumbent on us to The Chair recognizes the gentleman on the amendment offered by the gen- make sure robust protections exist to from Kansas. tleman from Kansas (Mr. POMPEO). Mr. POMPEO. Madam Chairman, I safeguard privacy rights. The inspector The amendment was agreed to. general report required under H.R. 3523 appreciate this opportunity to offer a will provide a thorough review of the second amendment to this incredibly b 1620 information shared under these new important piece of legislation that’s AMENDMENT NO. 12 OFFERED BY MR. WOODALL authorities and will address any im- been worked on for an awfully long The Acting CHAIR. It is now in order pacts such sharing has on privacy and time to balance the security needs of to consider amendment No. 12 printed civil liberties. Adding the list of the our Nation and the privacy rights of in House Report 112–454. departments and agencies that were re- every United States citizen. Mr. WOODALL. Madam Chair, I have cipients of this shared information, as Similar to the first amendment I of- an amendment at the desk. my amendment would do, would add in- fered, this amendment addresses some The Acting CHAIR. The Clerk will formation on which government agen- of the concerns raised by me, privacy designate the amendment. cies exactly are receiving shared infor- folks, and civil libertarian advocates to The text of the amendment is as fol- mation. Such information will further make very clear the intentions of this lows: mitigate the risk of abuse to privacy legislation. I talked earlier about the Page 14, after line 13 insert the following: rights and increase the effectiveness of threat we face today. It’s real, it’s for- ‘‘(4) NO LIABILITY FOR NON-PARTICIPATION.— the inspector general’s report. eign, it’s domestic, and these cyber- Nothing in this section shall be construed to I commend my colleagues from attacks are an enormous risk to our subject a protected entity, self-protected en- tity, cyber security provider, or an officer, Michigan and Maryland. They’ve been national security and to our economic employee, or agent of a protected entity, working hard to put together this bi- security. self-protected entity, or cybersecurity pro- partisan measure, working up until the I now strongly support this legisla- vider, to liability for choosing not to engage very last minute to ensure that Mem- tion. I’ve had a chance to work with in the voluntary activities authorized under bers’ concerns are addressed, and I be- Chairman ROGERS and Ranking Mem- this section. lieve that this is an important piece of ber RUPPERSBERGER to solidify limita- The Acting CHAIR. Pursuant to legislation. tions on this legislation that make it House Resolution 631, the gentleman

VerDate Mar 15 2010 04:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.073 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2174 CONGRESSIONAL RECORD — HOUSE April 26, 2012 from Georgia (Mr. WOODALL) and a ‘‘(ii) a threat to the integrity, confiden- tiality, or availability of, or safeguard, a sys- Member opposed each will control 5 tiality, or availability of a system or net- tem or network, including protecting a sys- minutes. work of a government or private entity or tem or network from— The Chair recognizes the gentleman any information stored on, processed on, or ‘‘(i) a vulnerability of a system or network; transiting such a system or network; ‘‘(ii) a threat to the integrity, confiden- from Georgia. ‘‘(iii) efforts to degrade, disrupt, or destroy tiality, or availability of a system or net- Mr. WOODALL. Madam Chair, my a system or network of a government or pri- work or any information stored on, proc- amendment is a simple amendment. vate entity; or essed on, or transiting such a system or net- What we’re doing here in this bill ‘‘(iv) efforts to gain unauthorized access to work; today, to the great credit of the chair- a system or network of a government or pri- ‘‘(iii) efforts to degrade, disrupt, or destroy man and the ranking member, is insti- vate entity, including to gain such unauthor- a system or network; or tuting a voluntary system by which ized access for the purpose of exfiltrating in- ‘‘(iv) efforts to gain unauthorized access to our private companies and utilities can formation stored on, processed on, or a system or network, including to gain such transiting a system or network of a govern- cooperate in the name of securing unauthorized access for the purpose of ment or private entity. exfiltrating information stored on, processed America’s cyberspace. But what hap- ‘‘(B) EXCLUSION.— Such term does not in- on, or transiting a system or network. pens so often is, when the Federal Gov- clude information pertaining to efforts to ‘‘(B) EXCLUSION.— Such term does not in- ernment creates a so-called ‘‘vol- gain unauthorized access to a system or net- clude a system designed or employed to pro- untary’’ standard, suddenly those folks work of a government or private entity that tect a system or network from efforts to who choose not to play on that playing solely involve violations of consumer terms gain unauthorized access to such system or field are subject to new liabilities be- of service or consumer licensing agreements network that solely involve violations of and do not otherwise constitute unauthor- consumer terms of service or consumer li- cause they rejected that voluntary ized access. standard. censing agreements and do not otherwise ‘‘(4) CYBER THREAT INTELLIGENCE.— constitute unauthorized access. Well, if it’s going to be a truly vol- ‘‘(A) IN GENERAL.—The term ‘cyber threat Page 17, after line 2 insert the following: untary standard, we have to ensure intelligence’ means intelligence in the pos- ‘‘(7) INTEGRITY.—The term ‘integrity’ that those who reject it are not held to session of an element of the intelligence means guarding against improper informa- any new liabilities. I believe that was community directly pertaining to— tion modification or destruction, including the intent of the committee as they ‘‘(i) a vulnerability of a system or network ensuring information nonrepudiation and au- crafted this legislation, but my amend- of a government or private entity; thenticity. ‘‘(ii) a threat to the integrity, confiden- ment makes that clear to say that no tiality, or availability of a system or net- The Acting CHAIR. Pursuant to new liabilities arise for any company work of a government or private entity or House Resolution 631, the gentleman that chooses not to participate in this any information stored on, processed on, or from Virginia (Mr. GOODLATTE) and a new truly voluntary cybersecurity co- transiting such a system or network; Member opposed each will control 5 operative regime. ‘‘(iii) efforts to degrade, disrupt, or destroy minutes. With that, I reserve the balance of a system or network of a government or pri- The Chair recognizes the gentleman my time. vate entity; or from Virginia. The Acting CHAIR. Does any Member ‘‘(iv) efforts to gain unauthorized access to Mr. GOODLATTE. Madam Chair, I a system or network of a government or pri- seek recognition in opposition? vate entity, including to gain such unauthor- rise to offer an amendment to H.R. Mr. WOODALL. With that, I want to ized access for the purpose of exfiltrating in- 3523. This amendment is the result of a thank the ranking member and the formation stored on, processed on, or series of long discussions between chairman for their tremendous open- transiting a system or network of a govern- Members of the bipartisan coalition ness throughout this entire process. ment or private entity. supporting this bill and various privacy Briefing after briefing, phone call after ‘‘(B) EXCLUSION.— Such term does not in- and civil liberties groups. phone call, they both made themselves clude intelligence pertaining to efforts to As many know, I have long worked available to Members on both sides of gain unauthorized access to a system or net- work of a government or private entity that with these outside groups and with in- the aisle so that we could get our ques- solely involve violations of consumer terms dustry to make sure that where Con- tions answered in what is sometimes a of service or consumer licensing agreements gress acts with respect to technology, difficult area to understand and digest. and do not otherwise constitute unauthor- it does so in a way that is thoughtful, I thank them both for their leadership, ized access. intelligent, and shows a strong respect and I yield back the balance of my Page 16, strike line 5 and all that follows for privacy and civil liberties. time. through page 17, line 2, and insert the fol- I am a firm believer that Congress lowing: The Acting CHAIR. The question is can craft legislation that addresses ‘‘(5) CYBERSECURITY PURPOSE.— on the amendment offered by the gen- ‘‘(A) IN GENERAL.—The term ‘cybersecurity technology issues and allows the pri- tleman from Georgia (Mr. WOODALL). purpose’ means the purpose of ensuring the vate sector to flourish while also pro- The amendment was agreed to. integrity, confidentiality, or availability of, tecting the rights of Americans. This AMENDMENT NO. 13 OFFERED BY MR. GOODLATTE or safeguarding, a system or network, in- amendment seeks to move the legisla- The Acting CHAIR. It is now in order cluding protecting a system or network tion further down that path. to consider amendment No. 13 printed from— To do so, this amendment carefully in House Report 112–454. ‘‘(i) a vulnerability of a system or network; narrows the definitions of the key Mr. GOODLATTE. Madam Chairman, ‘‘(ii) a threat to the integrity, confiden- terms in the bill—‘‘cyberthreat infor- tiality, or availability of a system or net- I have an amendment at the desk. work or any information stored on, proc- mation,’’ ‘‘cyberthreat intelligence,’’ The Acting CHAIR. The Clerk will essed on, or transiting such a system or net- ‘‘cybersecurity purposes,’’ and ‘‘cyber- designate the amendment. work; security systems’’—and adds in three The text of the amendment is as fol- ‘‘(iii) efforts to degrade, disrupt, or destroy new definitions from the existing law. lows: a system or network; or Together, these new definitions ensure Page 14, after line 14 insert the following: ‘‘(iv) efforts to gain unauthorized access to that companies in the private sector ‘‘(1) AVAILABILITY.—The term ‘availability’ a system or network, including to gain such can protect themselves against very means ensuring timely and reliable access to unauthorized access for the purpose of real cyberthreats. At the same time, and use of information. exfiltrating information stored on, processed Page 15, strike lines 1 through 25 and insert on, or transiting a system or network. they limit what information the pri- the following: ‘‘(B) EXCLUSION.— Such term does not in- vate sector can identify, obtain, and ‘‘(2) CONFIDENTIALITY.—The term ‘confiden- clude the purpose of protecting a system or share with others, and they do so in a tiality’ means preserving authorized restric- network from efforts to gain unauthorized way that is technology neutral so that tions on access and disclosure, including access to such system or network that solely the definitions we write into law today means for protecting personal privacy and involve violations of consumer terms of serv- do not become obsolete before the ink proprietary information. ice or consumer licensing agreements and do is dry. ‘‘(3) CYBER THREAT INFORMATION.— not otherwise constitute unauthorized ac- Specifically, these new definitions re- ‘‘(A) IN GENERAL.—The term ‘cyber threat cess. information’ means information directly ‘‘(6) CYBERSECURITY SYSTEM.— move language from prior versions of pertaining to— ‘‘(A) IN GENERAL.—The term ‘cybersecurity the bill that could have been inter- ‘‘(i) a vulnerability of a system or network system’ means a system designed or em- preted in broad ways. They remove or of a government or private entity; ployed to ensure the integrity, confiden- modify definitions that could have

VerDate Mar 15 2010 03:13 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.079 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2175 been thought to cover things that the Mr. ROGERS of Michigan. I want to b 1630 bill did not intend to cover, like unau- thank the distinguished former chair- IN THE COMMITTEE OF THE WHOLE thorized access to a system or network man and member, Mr. GOODLATTE, for Accordingly, the House resolved that purely involves violations of a his commonsense amendment. Again, itself into the Committee of the Whole terms of service. These revised defini- this is working to make sure that this House on the state of the Union for the tions also rely in part on existing law bill is restricted for both information further consideration of the bill (H.R. use, privacy, and civil liberties, and to cover the appropriate set of threats 3523) to provide for the sharing of cer- why the coalition, I argue, continues to to networks and systems without being tain cyber threat intelligence and grow because of the good work of folks overly broad. cyber threat information between the like Mr. GOODLATTE. It’s bipartisan in I would note that these definitional intelligence community and cybersecu- nature, and I would strongly urge the changes are important on their own for rity entities, and for other purposes, the narrowing function they serve. In body’s support for the Goodlatte with Mrs. CAPITO (Acting Chair) in the the view of groups like the Center for amendment. Mr. GOODLATTE. Madam Chairman, chair. Democracy and Technology and the The Clerk read the title of the bill. I am not aware of any other speakers Constitution Project, this amendment The Acting CHAIR. When the Com- on this amendment, so I would urge my represents ‘‘important privacy im- mittee of the Whole rose earlier today, colleagues to support the amendment. provement.’’ Specifically, the change a request for a recorded vote on amend- It is, as the chairman indicated and the to the definitions addresses a number ment No. 13 printed in House Report ranking member indicated, bipartisan of key issues raised by a variety of 112–454 by the gentleman from Virginia legislation that will improve the un- groups, and many in the Internet user (Mr. GOODLATTE) had been postponed. community. As such, these amend- derlying bill in significant ways and protect the civil liberties of American AMENDMENT NO. 14 OFFERED BY MR. TURNER OF ments move an already important bill OHIO in an even better direction. citizens in a more clear fashion. I thank all of those in the Chamber The Acting CHAIR. It is now in order I reserve the balance of my time. to consider amendment No. 14 printed Mr. RUPPERSBERGER. Madam and outside who contributed ideas to in House Report 112–454. Chairman, I rise in opposition to the help us craft this amendment and urge all of my colleagues to support it. Mr. TURNER of Ohio. Madam Chair, amendment, but I do not oppose the I have an amendment at the desk. amendment. I yield back the balance of my time. The Acting CHAIR. The question is The Acting CHAIR. The Clerk will The Acting CHAIR. Without objec- designate the amendment. tion, the gentleman from Maryland is on the amendment offered by the gen- tleman from Virginia (Mr. GOODLATTE). The text of the amendment is as fol- recognized for 5 minutes. lows: There was no objection. The question was taken; and the Act- Mr. RUPPERSBERGER. I yield 1 ing Chair announced that the ayes ap- Page 15, line 7, insert ‘‘deny access to or’’ before ‘‘degrade’’. minute to the gentleman from Texas peared to have it. Mr. ROGERS of Michigan. Madam Page 15, line 20, insert ‘‘deny access to or’’ (Mr. POE). before ‘‘degrade’’. Mr. POE of Texas. I thank the gen- Chair, I demand a recorded vote. The Acting CHAIR. Pursuant to Page 16, line 10, insert ‘‘deny access to or’’ tleman for yielding. before ‘‘degrade’’. clause 6 of rule XVIII, further pro- Anytime the government gets in- Page 16, line 21, insert ‘‘deny access to or’’ ceedings on the amendment offered by volved in data sharing and data stor- before ‘‘degrade’’. the gentleman from Virginia will be age, there is going to be the possibility The Acting CHAIR. Pursuant to postponed. for abuse. House Resolution 631, the gentleman Mr. ROGERS of Michigan. Madam I hear from my constituents in Texas from Ohio (Mr. TURNER) and a Member Chair, I move that the Committee do and U.S. companies that they continue opposed each will control 5 minutes. now rise. to lose information to cyberattacks The motion was agreed to. The Chair recognizes the gentleman from abroad. Most of these attacks Accordingly, the Committee rose; from Ohio. come from none other than the orga- and the Speaker pro tempore (Mr. Mr. TURNER of Ohio. Madam Chair- man, this amendment would make a nized crime syndicate of China, as I WOODALL) having assumed the chair, technical correction to the definition call it. They steal our intellectual Mrs. CAPITO, Acting Chair of the Com- property, and then they use the stolen mittee of the Whole House on the state sections of this bill to ensure that U.S. information to compete against the of the Union, reported that that Com- cybersecurity policies remain con- United States. mittee, having had under consideration sistent for protections against threats We need a commonsense information- the bill (H.R. 3523) to provide for the to our government and private sector sharing system to combat the growing sharing of certain cyber threat intel- networks. threat to this way of life that we have ligence and cyber threat information This amendment will maintain con- in America. However, we have to do it between the intelligence community sistency among this bill and other cy- in such a way that protects our privacy and cybersecurity entities, and for bersecurity policies. The terms ‘‘deny, and constitutional rights of citizens. other purposes, had come to no resolu- degrade, disrupt or destroy’’ are found While I believe the intent of the base tion thereon. throughout our national cybersecurity bill was never to allow the government Mr. ROGERS of Michigan. Mr. strategy and our guidance documents. to use information it obtained for any Speaker, I ask unanimous consent that The term ‘‘deny’’ was inadvertently other purposes than cybersecurity, I during further consideration of H.R. omitted from H.R. 3523. Inserting believe that the clear and simple lan- 3523, pursuant to House Resolution 631, ‘‘deny’’ makes the bill consistent with guage in Mr. GOODLATTE’s amendment amendments No. 10 and No. 5 in House other national documents in the dis- is necessary to make it 100 percent Report 112–454 may be considered out of cussion of cybersecurity. clear that this is strictly prohibited. sequence. The increase in cybersecurity inci- As we remember from the 2012 NDAA The SPEAKER pro tempore. Is there dents led to the development of centers debate, it’s important, especially when objection to the request of the gen- like the Air Force’s Cyberspace Tech- dealing with legislation that affects tleman from Michigan? nical Center of Excellence at Wright civil liberties and constitutional There was no objection. Patterson Air Force base in my district rights, Congress needs to be perfectly The SPEAKER pro tempore. Pursu- in Dayton, Ohio. To combat this grow- 100 percent clear. I believe the Good- ant to House Resolution 631 and rule ing trend in the sophistication of latte amendment does this. I urge all XVIII, the Chair declares the House in cyberattacks, the Center of Technical Members to support it. the Committee of the Whole House on Excellence has been turned to that Mr. GOODLATTE. Madam Chairman, the state of the Union for the further focus. at this time, I am pleased to yield 1 consideration of the bill, H.R. 3523. The need to protect U.S. networks minute to the chairman of the Intel- Will the gentlewoman from West Vir- from denial-of-service attacks was ligence Committee, the gentleman ginia (Mrs. CAPITO) kindly resume the made clear when, for 3 weeks in 2007, from Michigan (Mr. ROGERS). chair. Estonia was the target of a large-scale

VerDate Mar 15 2010 03:13 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.081 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2176 CONGRESSIONAL RECORD — HOUSE April 26, 2012 series of denial-of-service attacks have concerns regarding individual lib- ‘‘(B) the content of communications will be against government Web sites, banks, erties. We’ve worked very, very hard to collected and retained only when the com- universities, and Estonian newspapers. make this bill a good bill. It is an ex- munication is associated with known or rea- I urge all of my colleagues to support cellent bill. I’m proud to be a cosponsor sonably suspected cybersecurity threat, and communications and system traffic will not this amendment and the underlying of this bill. be subject to the operation of a counter- bill. But every single time that we start measure unless associated with such threats; I yield 30 seconds to the chairman. moving into the realm where the gov- ‘‘(C) information obtained pursuant to ac- Mr. ROGERS of Michigan. Madam ernment action starts to bump up tivities authorized under this subsection will Chair, I want to, again, thank Mr. TUR- against individual liberties, it’s a good only be retained, used or disclosed to protect NER for this important clarification idea to take a pause after this certain Federal systems from cybersecurity threats, amendment and working with us to im- amount of time, in this case 5 years, mitigate against such threats, or, with the prove the status of the bill to make and look our hands over, look over the approval of the Attorney General, for law en- actual implementation of the bill and forcement purposes when the information is sure that we are able to protect Amer- evidence of a crime which has been, is being, ica’s networks and increases the abil- make sure that we did exactly what we or is about to be committed; and ity for us to protect privacy and civil thought that we were going to do. ‘‘(D) notice has been provided to users of liberties. Finally, I think in a case when we’re Federal systems concerning the potential for I appreciate the gentleman’s good ef- dealing with technology, which moves acquisition, interception, retention, use, and fort, and I would encourage the House so very rapidly—in fact, we’ve written disclosure of communications and other sys- to support the Turner amendment. this bill as well as we possibly could to tem traffic. The Acting CHAIR. Does any Member try and deal with unanticipated devel- ‘‘(2) CONTRACTS.— The Secretary may enter seek recognition in opposition? opment in technology—but when into contracts or other agreements, or other- you’re dealing with technology that wise request and obtain the assistance of, Mr. TURNER of Ohio. Madam Chair, private entities that provide electronic com- I yield back the balance of my time. moves so rapidly and changes so quick- munication or cybersecurity services to ac- The Acting CHAIR. The question is ly, I think it’s important, after a cer- quire, intercept, retain, use, and disclose on the amendment offered by the gen- tain period of time, again, here, 5 communications and other system traffic tleman from Ohio (Mr. TURNER). years, to step back, look our hands consistent with paragraph (1). The amendment was agreed to. over and make sure that things worked ‘‘(3) PRIVILEGED COMMUNICATIONS.—No oth- AMENDMENT NO. 15 OFFERED BY MR. MULVANEY exactly as we thought they would. erwise privileged communication obtained in The Acting CHAIR. It is now in order So, for that reason, Madam Chair- accordance with, or in violation of, this sec- man, I ask that this amendment be tion shall lose its privileged character. to consider amendment No. 15 printed ‘‘(4) POLICIES AND PROCEDURES.— The Sec- in House Report 112–454. considered and be approved. retary of Homeland Security shall establish Mr. MULVANEY. Madam Chair, I With that, I yield back the balance of policies and procedures that— have an amendment at the desk. my time. ‘‘(A) minimize the impact on privacy and The Acting CHAIR. The Clerk will The Acting CHAIR. Does any Member civil liberties, consistent with the need to designate the amendment. seek recognition in opposition to the protect Federal systems and critical infor- The text of the amendment is as fol- Member’s amendment? mation infrastructure from cybersecurity lows: The question is on the amendment threats and mitigate cybersecurity threats; ‘‘(B) reasonably limit the acquisition, At the end of the bill, add the following offered by the gentleman from South interception, retention, use, and disclosure new section: Carolina (Mr. MULVANEY). The question was taken; and the Act- of communications, records, system traffic, SEC. 3. SUNSET. or other information associated with specific Effective on the date that is five years ing Chair announced that the ayes ap- peared to have it. persons consistent with the need to carry out after the date of the enactment of this Act— the responsibilities of this section, including (1) section 1104 of the National Security Mr. MULVANEY. Madam Chair, I de- establishing a process for the timely destruc- Act of 1947, as added by section 2(a) of this mand a recorded vote. tion on recognition of communications, Act, is repealed; and The Acting CHAIR. Pursuant to records, system traffic, or other information (2) the table of contents in the first section clause 6 of rule XVIII, further pro- that is acquired or intercepted pursuant to of the National Security Act of 1947, as ceedings on the amendment offered by this section that does not reasonably appear amended by section 2(d) of this Act, is the gentleman from South Carolina to be related to protecting Federal systems amended by striking the item relating to will be postponed. and critical information infrastructure from section 1104, as added by such section 2(d). AMENDMENT NO. 5 OFFERED BY MS. JACKSON cybersecurity threats and mitigating cyber- The Acting CHAIR. Pursuant to LEE OF TEXAS security threats; House Resolution 631, the gentleman The Acting CHAIR. It is now in order ‘‘(C) include requirements to safeguard from South Carolina (Mr. MULVANEY) communications, records, system traffic, or to consider amendment No. 5 printed in other information that can be used to iden- and a Member opposed each will con- House Report 112–454. trol 5 minutes. tify specific persons from unauthorized ac- Ms. JACKSON LEE of Texas. Madam cess or acquisition; and The Chair recognizes the gentleman Chair, I have an amendment at the ‘‘(D) protect the confidentiality of dis- from South Carolina. desk. closed communications, records, system Mr. MULVANEY. This amendment, The Acting CHAIR. The Clerk will traffic, or other information associated with ladies and gentlemen, is fairly simple designate the amendment. specific persons to the greatest extent prac- and straightforward, but it bears dis- The text of the amendment is as fol- ticable and require recipients of such infor- cussion for a few moments. It requires lows: mation to be informed that the communica- tions, records, system traffic, or other infor- the bill to expire of its own terms with- Page 9, after line 5, insert the following: mation disclosed may only be used for pro- in 5 years. It’s what we call in this ‘‘(c) CYBERSECURITY OPERATIONAL ACTIV- tecting information systems against cyber- ITY.— business a sunset clause. And by its security threats, mitigating against cyberse- ‘‘(1) IN GENERAL.—In receiving information own terms, if the bill is passed, it will curity threats, or law enforcement purposes automatically cease to be, cease to be authorized to be shared with the Federal Government under this section, the Sec- when the information is evidence of a crime enforceable after 5 years unless this retary of Homeland Security is authorized, that has been, is being, or is about to be body acts affirmatively to renew it. notwithstanding any other provision of law, committed, as specified by the Secretary. Page 14, after line 24, insert the following: Generally, I think this is good policy to acquire, intercept, retain, use, and dis- ‘‘(2) COUNTERMEASURE.—The term ‘counter- with most things that we do in Wash- close communications and other system traf- measure’ means an automated action with ington, D.C. In fact, several people say fic that are transiting to or from or stored defensive intent to modify or block data on Federal systems and to deploy counter- that one of the biggest difficulties we packets associated with electronic or wire measures with regard to such communica- have in this town is that we simply communications, internet traffic, program tions and system traffic for cybersecurity create laws all the time and they never code, or other system traffic transiting to or purposes provided that the Secretary cer- go away. So generally speaking, I from or stored on an information system to tifies that— counteract a cybersecurity threat.’’. think sunset clauses are to be admired ‘‘(A) such acquisitions, interceptions, and and to be encouraged. countermeasures are reasonable necessary The Acting CHAIR. Pursuant to Even more so is the case, however, for the purpose of protection Federal sys- House Resolution 631, the gentlewoman when we deal with situations where we tems from cybersecurity threats; from Texas (Ms. JACKSON LEE) and a

VerDate Mar 15 2010 03:13 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.084 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2177 Member opposed each will control 5 this issue that certain elements have thing that wholesale monitors the minutes. to be resolved in dealing with the Internet and gets all of the information The Chair recognizes the gentle- cyberthreats that we face. I’ve long which we’ve fought so hard to protect woman from Texas. been an advocate for protecting the on behalf of average Americans. Ms. JACKSON LEE of Texas. Madam right to privacy and the civil liberties I yield 2 minutes to the gentleman Chair, let me thank you for your cour- of all Americans—that is very much a from Georgia (Mr. WESTMORELAND). tesy. Let me thank the chairperson for part of this amendment—but I am also Mr. WESTMORELAND. I want to his courtesy and the ranking member mindful of the importance of the infra- thank the chairman for yielding. for his courtesy. I was very appre- structure. Let me say this to my colleague from ciative, with the overlapping com- As we assess cybersecurity measures Texas: that we have had a number of mittee work, for the courtesy of the and take steps to implement legisla- amendments here today that have tried floor. I thank you very much. tion, I believe we must be sure to to streamline this bill in order to make Let me hold up the Constitution and strike the proper balance between ef- it even narrower and to take out any say that I believe in the Constitution fective and strong security for our dig- perception that it would be personal in- and the Bill of Rights, particularly, ital networks and protecting the pri- formation and limit what government that protects us against unreasonable vacy of individuals as well as infra- can do and be very explicit in the search and seizure. And I also recognize structure that involves transportation. terms of what this sharing is, which is the bipartisan effort of this particular I am ever mindful that we must be voluntary, which is narrowly drawn. legislation and recognize that we may careful not to go about strengthening The chairman and the ranking mem- have disagreement. cybersecurity at the expense of infring- ber have done a wonderful job of work- My amendment ensures that com- ing on people’s privacy rights and civil ing with other Members to allow these prehensive policies and procedures are liberties, which is why my amendment amendments to make this bill better. I implemented by the Department of is narrowly tailored and sets clear re- am very disappointed. This amendment Homeland Security to protect Federal strictions on the scope of communica- basically guts the bill—it expands it— systems from cybersecurity threats tions addressed and why and how that when everybody who has been down and minimize the impact on privacy. information can be used. here so far has been trying to narrow What it does not do is allow Homeland Our Nation’s critical infrastructures it. This just expands it even more. This Security and the Justice Department are composed of public and private in- is the type of amendment that people to spy on Americans. stitutions in the sectors of agriculture, fear in that we would give Homeland Let me be very clear. It does not food, water, public health, emergency Security the ability to intercept and allow the infrastructure of Homeland services, government, defense indus- keep the transmissions. That is totally Security and the Justice Department trial base, information and tele- out of hand. to spy on Americans. I would not ad- communications, energy, transpor- I just hope that we will vote against here to that. tation, banking and finance, chemicals this amendment and support the under- It is a shame that oversight of our and hazardous materials. lying bill. Nation’s critical infrastructure, how- I ask my colleagues to support the Ms. JACKSON LEE of Texas. What ever, was not included in this bill. The amendment, and I reserve the balance an exaggeration. I know that they have hard work that has been done by the of my time. been propelled by all of the media that Committee on Homeland Security, Mr. Mr. ROGERS of Michigan. I rise in has given them great support. LUNGREN and Ms. CLARKE, joined with opposition to the amendment. They know that the underlying bill, other Members, was worthy of consid- The Acting CHAIR. The gentleman is in fact, is considered an invasion of pri- eration. recognized for 5 minutes. vacy; but if you look at my amend- I understand the strictures that we’re Mr. ROGERS of Michigan. I yield ment, it is only when the communica- dealing with. My amendment is de- myself 11⁄2 minutes. tion is associated with a known or a signed to put in place comprehensive If you thought it was good for the reasonably suspected cybersecurity privacy protections in order to prevent businesses to require Facebook to give threat. It is narrow, but more impor- any gross infringement of an individ- them your passwords, you’ll love this. tantly, it has a privacy provision. I be- ual’s civil liberties or privacy rights. It If not, you should go apoplectic. I lieve in privacy. Let me just say that I allows the Department of Homeland think that’s an awful practice on was not going to be denied the right to Security to protect Federal systems Facebook. This is worse. I want to read come to the floor to be able to frame that enable air traffic controllers to just from the law. Notwithstanding what we should be doing—looking at operate. any other provision, it allows them to: infrastructure and the complement of Madam Chairperson, we know the cli- acquire, intercept, retain, use, and disclose making sure that privacy is protected. mate that we live in. God has blessed communications and other system traffic This particular book, even with the us, if I might even say that, but more that are transiting to and from or are stored amendments they have, will probably importantly, the hard work of men and on the Federal systems and to deploy coun- not draw this to the point of accept- women who happen to be Federal em- termeasures with regard to such communica- ance. So I would argue that this is a ployees, that no action has occurred on tions and system traffic for cybersecurity productive debate but that the amend- purposes. our soil since 9/11. ment that Jackson Lee has submitted This amendment would allow the De- This is dangerous. It’s dangerous. For does not, in fact, at all violate privacy. partment of Homeland Security to pro- the very narrow bill that has been mis- I would say to them that I look for- tect Federal systems that enable air represented from what we do, this is ward to being able to address this ques- traffic controllers to operate, that en- Big Brother on steroids. We cannot tion as we go forward. able Congress to operate, that enable allow this to happen. This would be the I am going to ask, at this time, unan- all Federal agencies to operate. government tracking communications imous consent to withdraw this amend- My amendment is intentionally nar- or your medical records from the vet- ment for the misinterpretation that rowly tailored to go after known or erans’ association. It would track your my friends on the other side of the reasonable threats to our Federal sys- IRS forms coming in and out of the aisle have predicted or thought that tems. Let me be very clear. This is not Federal Government. This is exactly they were going to put on this par- a reflection on this legislation from what scares people about trying to get ticular amendment. the extent of hard work. into the business of making sure we The Acting CHAIR. Without objec- protect our networks, but we can’t do tion, the amendment is withdrawn. b 1640 it by trampling on privacy and civil There was no objection. I am just saying that, coming from liberties. AMENDMENT NO. 10 OFFERED BY MS. my perspective, I would hope that we This is awful. I am just shocked, RICHARDSON would look at infrastructure. after all of this debate and all of this The Acting CHAIR. It is now in order I am not advocating for the bill. I am discussion on our very narrow bill, that to consider amendment No. 10 printed advocating for an open discussion on my friends would come up with some- in House Report 112–454.

VerDate Mar 15 2010 03:13 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.088 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2178 CONGRESSIONAL RECORD — HOUSE April 26, 2012 Ms. RICHARDSON. Madam Chair- cyberthreat information or have the the Internet. I think that’s a horrible, woman, I have an amendment at the systems in place to share information terrible idea. desk. appropriately. This amendment makes So I don’t think that’s what the gen- The Acting CHAIR. The Clerk will an important improvement to that leg- tlelady intends, but the problem is designate the amendment. islation. that’s not what the language says. The text of the amendment is as fol- I would like to commend Chairman I look forward to working with the lows: ROGERS and Ranking Member RUP- gentlelady as she works through those Page 14, after line 6, insert the following PERSBERGER, who mentioned in their issues on Homeland Security because new subparagraph: testimony before the Rules Committee these are hard. They are tricky. Some- ‘‘(C) prohibit a department or agency of and the Intelligence Committee that times a word will get you in trouble, as the Federal Government from providing there was a key fault here in this crit- we have found along the path here, and cyber threat information to owners and oper- ical infrastructure section. I am fur- as it should. We should be really care- ators of critical infrastructure; ther pleased that the Rules Committee ful about how we’re doing this. The Acting CHAIR. Pursuant to acknowledged that by finding this So I would encourage the gentlelady House Resolution 631, the gentlewoman amendment in order, and I urge my to work with us. I know Mr. RUPPERS- from California (Ms. RICHARDSON) and a colleagues to consider this seriously. BERGER, since we’ve been through this, Member opposed each will control 5 While Chairman LUNGREN’s original we can provide some help along the minutes. cyber bill did not make it to the House way, and we look forward to the prod- The Chair recognizes the gentle- floor, I offer this Richardson amend- uct that you all work on that is geared woman from California. ment in the same bipartisan spirit that toward the infrastructure piece. Again, Ms. RICHARDSON. I stand today in I did when his bill was brought forward this was never intended to solve all the problems. It was intended to be a very support of the Richardson amendment in our subcommittee. Mr. LUNGREN and narrow first step to say, Hey, if your to H.R. 3523; but I would like to take a Mr. LANGEVIN spoke earlier on the bi- house is being robbed, we want to tell moment to thank the majority leader, partisan amendment regarding critical you before the robber gets there. Mr. CANTOR, Chairman ROGERS, and infrastructure, hence my building my That’s all this bill does. It tells if your Ranking Member RUPPERSBERGER for comments on that. computer is going to get hacked and their tolerance in allowing us to come Richardson amendment No. 10 en- your personal information stolen, we to the floor. I was ranking member of sures that our critical infrastructure want you to have the malicious code so a committee that was in operation at sectors will not be left out from receiv- you can protect yourself. That’s all this time, and I thank you for allowing ing information that could protect us to come forward. this bill does. their systems against a terrorist at- So we get a little nervous when it The Richardson amendment ensures tack. that owners and operators of critical starts crossing that divide that we’ve infrastructure systems that are poten- b 1650 established between the government tial targets to cyberattacks receive in- This amendment makes sure that in- and the private sector. You start cross- formation about cyberthreats. Some dustries most at risk of a cyberattack ing that divide, we think you can get examples of our critical infrastructure receive information that they need to into some serious trouble in a hurry systems that this amendment would protect the public and the facilities at without very clearly defined language apply to are: energy facilities, banking large. My amendment makes explicit and definition. Unfortunately, I have to oppose the and finance facilities, chemical facili- that critical infrastructure sectors be amendment, but I look forward to ties, dams, nuclear plants, emergency included in information-sharing rela- working with the gentlelady on a very services, agriculture and food systems, tionships and does not include any new important issue, infrastructure protec- water treatment systems. Many of Federal authorities. tion, as the Homeland Security does its these would be in great danger and With that, Madam Chairwoman, I work. would need information. urge my colleagues to support the Mr. RUPPERSBERGER. Will the Every single Member of Congress has amendment. gentleman yield? critical infrastructure sectors in their Mr. ROGERS from Michigan. Madam Mr. ROGERS of Michigan. I yield to districts, whether they be public or pri- Chair, I rise in opposition to the the gentleman from Maryland. vate, and every community in this Na- amendment. Mr. RUPPERSBERGER. As we said tion has some critical infrastructure The Acting CHAIR. The gentleman is before, our bill is extremely limited, presence that should be protected and recognized for 5 minutes. and we’re attempting again to allow advised of threats. In my district, I Mr. ROGERS of Michigan. I appre- our government, our intelligence com- have the Home Depot Athletic Center, ciate the gentlelady’s effort. Again, we munity, to give the information that’s which holds up to 27,000 people. There were pretty careful in this year-long necessary to protect our citizens from is the Boeing Company, which manu- process of trying to find a very narrow these cyberattacks. factures the C–17 planes. There is the solution because of all of the chal- Ours is the most active bill that is Long Beach Police and Fire Depart- lenges that come with trying to get a out there now. Our bill, hopefully, will ment EOC center, the Long Beach Gas piece of legislation across the House to pass and go to the Senate, and there and Oil Department, and water treat- the Senate to the President’s desk. will be a lot more negotiation. But ment facilities. The numbers go on. We I argue that the Homeland Security there is a lot of work to do in other need to make sure that not only ports Committee should engage in a critical areas, too, such as Homeland Security; and government facilities but also pri- infrastructure debate. Here’s the prob- and I know there are other issues in- vate facilities are approved and enti- lem: it’s not defined for the purposes of volved in the Homeland Security tled to have this same information. this bill. So we don’t know what that markup, I know that there are issues Some inherent complications are means. We’ve been very careful to sep- involving Judiciary. that there are 18 different Federal Gov- arate the government from the private I can say this: I know that the chair- ernment agencies that have jurisdic- sector. There is no government in- man and I for 1 year now have worked tion over critical infrastructure sec- volvement in the private sector net- very openly with every group that we tors. For example, the Department of works. It is just information, malicious think would be involved in this bill. Homeland Security has jurisdiction source code-sharing. That’s it. Because of different positions taken, over chemical, commercial facilities, This, we’re not sure where it goes. including HLU, we listened. This bill is dams, emergency services, and nuclear Many in industry believe that they’re better, and we hope that it passes. power alone. talking about the backbone of the So we clearly will work with you, but H.R. 3523, as currently drafted, does Internet. Are they talking about the we on the Intelligence Committee are not mention how critical infrastruc- backbone of the Internet? We don’t very limited to our jurisdiction, and ture sectors that do not fall within the know. It’s not well defined. That would that’s why a lot of these issues we jurisdiction of government intelligence mean, then, that the government for can’t deal with other than what is in agencies would receive critical the first time gets into the backbone of our bill right now.

VerDate Mar 15 2010 03:59 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.090 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2179 I thank the gentleman for yielding. ceedings were postponed and on which Duncan (TN) Kline Rivera Ms. RICHARDSON. Again, I’d like to the noes prevailed by voice vote. Ellmers Labrador Roby Emerson Lamborn Roe (TN) thank both the chairman and the rank- The Clerk will redesignate the Eshoo Lance Rogers (AL) ing member and look forward to the amendment. Farenthold Landry Rogers (KY) opportunity to work with you. The Clerk redesignated the amend- Fincher Lankford Rogers (MI) Fitzpatrick Latham I would just give you one analogy to ment. Rohrabacher Flake LaTourette Rokita consider as we move forward. As you RECORDED VOTE Fleischmann Latta Rooney recall on 9/11 when the planes hit those Fleming Lewis (CA) Ros-Lehtinen The Acting CHAIR. A recorded vote Flores LoBiondo two Twin Towers, the government had Roskam has been demanded. Forbes Long Ross (AR) the ability to notify the private air- Fortenberry Lucas A recorded vote was ordered. Ross (FL) lines to scramble the planes and to de- Foxx Luetkemeyer The vote was taken by electronic de- Royce mand that all of the planes would be Franks (AZ) Lummis vice, and there were—ayes 167, noes 243, Runyan landed because we didn’t know where Frelinghuysen Mack not voting 21, as follows: Gallegly Manzullo Ryan (WI) they were going to go. Gardner Marchant Scalise At that point, the government had [Roll No. 184] Garrett Matheson Schilling the ability to work with the private AYES—167 Gerlach McCarthy (CA) Schmidt Gibbs McCarthy (NY) Schock Ackerman Gibson Neal sector, with the airline industry, to Gingrey (GA) McCaul Schrader Andrews Gonzalez Olver communicate information that they Gohmert McClintock Schweikert Baldwin Green, Al Owens Goodlatte McCotter Scott (SC) were now becoming aware of. Bass (CA) Grijalva Pallone Gosar McKeon Scott, Austin I’m certainly not suggesting that we Becerra Grimm Pascrell Gowdy McKinley Sensenbrenner Berkley Gutierrez Pastor (AZ) interfere with the free-flowing ideas of Granger McMorris Sessions Berman Hahn Pelosi the Internet. What this amendment is Graves (GA) Rodgers Sherman Bishop (GA) Hanabusa Perlmutter Graves (MO) McNerney Shimkus suggesting, and I look forward to work- Bishop (NY) Hastings (FL) Peters Green, Gene Mica Bonamici Heinrich Pingree (ME) Shuster ing with you in the future, is that the Griffin (AR) Miller (FL) Boren Higgins Polis Simpson government does have the ability if in Griffith (VA) Miller (MI) Boswell Himes Price (NC) Smith (NE) Guinta Miller, Gary the event something happens with Brady (TX) Hinchey Quigley Smith (NJ) Guthrie Mulvaney dropping some chemicals into water, Braley (IA) Hochul Reyes Smith (TX) Hall Murphy (PA) Brown (FL) Holt Richardson Southerland for example, treatment facilities, that Hanna Myrick Butterfield Honda Richmond Stearns the government should certainly have Harper Napolitano Capps Hoyer Rothman (NJ) Stivers Harris Neugebauer the ability to work with those private Capuano Israel Roybal-Allard Stutzman Hartzler Noem Carnahan Jackson (IL) Ruppersberger Sullivan sector companies to be able to notify Hastings (WA) Nugent Carney Jackson Lee Rush Terry them and ensure that the public is pro- Hayworth Nunes Carson (IN) (TX) Ryan (OH) Thompson (PA) Heck Nunnelee tected. Castor (FL) Johnson, E. B. Sa´ nchez, Linda Tiberi Hensarling Olson I thank you for hearing the amend- Chandler Kaptur T. Tipton Herger Palazzo Chu Keating Sanchez, Loretta Turner (OH) ment, and I look forward to working Herrera Beutler Paulsen Cicilline Kildee Sarbanes Upton with you going forward. Hinojosa Pearce Clarke (MI) Kind Schakowsky Huelskamp Peterson Walberg I yield back the balance of my time. Clay King (NY) Schiff Huizenga (MI) Petri Walden Mr. ROGERS of Michigan. I thank Cleaver Kissell Schwartz Hultgren Pitts Walsh (IL) Clyburn Kucinich Scott (VA) the gentlelady, and I look forward to Hunter Platts Webster Coffman (CO) Langevin Serrano that opportunity. Hurt Poe (TX) Welch Cohen Larsen (WA) Sewell Issa Pompeo West I yield back the balance of my time. Connolly (VA) Larson (CT) Shuler Jenkins Posey Westmoreland The Acting CHAIR. The question is Conyers Lee (CA) Smith (WA) Johnson (IL) Price (GA) Whitfield Cooper Levin Speier on the amendment offered by the gen- Johnson (OH) Quayle Wilson (SC) Costa Lewis (GA) Stark tlewoman from California (Ms. RICH- Johnson, Sam Rahall Wittman Critz Lipinski Sutton Jones Reed Wolf ARDSON). Cuellar Loebsack Thompson (CA) Jordan Rehberg Womack Cummings Lofgren, Zoe Thompson (MS) The amendment was rejected. Kelly Reichert Yoder Davis (CA) Lowey Thornberry ANNOUNCEMENT BY THE ACTING CHAIR King (IA) Renacci Young (AK) Davis (IL) Luja´ n Tierney Kingston Ribble Young (FL) The Acting CHAIR. The Chair under- DeFazio Lungren, Daniel Tonko Kinzinger (IL) Rigell Young (IN) stands that amendment No. 16 will not DeGette E. Towns be offered. DeLauro Lynch Tsongas NOT VOTING—21 Dent Markey Turner (NY) Pursuant to clause 6 of rule XVIII, Deutch Matsui Van Hollen Blumenauer Filner Murphy (CT) proceedings will now resume on those Dicks McCollum Vela´ zquez Bucshon Hirono Paul amendments printed in House Report Dingell McDermott Visclosky Canseco Holden Pence 112–454 on which further proceedings Doggett McGovern Walz (MN) Cantor Johnson (GA) Rangel Doyle McIntyre Wasserman Cardoza Maloney Scott, David were postponed, in the following order: Edwards Meehan Schultz Clarke (NY) Marino Sires Amendment No. 1 by Mr. LANGEVIN of Ellison Meeks Waters Davis (KY) McHenry Slaughter Rhode Island. Engel Michaud Watt Farr Miller (NC) Waxman Amendment No. 4 by Mr. ROGERS of Fattah Miller, George Wilson (FL) b 1723 Michigan. Frank (MA) Moore Woodall Amendment No. 6 by Mr. QUAYLE of Fudge Moran Woolsey Messrs. ALEXANDER, COSTELLO, Arizona. Garamendi Nadler Yarmuth DUNCAN of South Carolina, REH- Amendment No. 7 by Mr. AMASH of NOES—243 BERG, COURTNEY and PEARCE changed their vote from ‘‘aye’’ to ‘‘no.’’ Michigan. Adams Bilirakis Chabot Amendment No. 8 by Mr. MULVANEY Aderholt Bishop (UT) Chaffetz Mr. BRADY of Texas, Ms. SEWELL, of South Carolina. Akin Black Coble Ms. LORETTA SANCHEZ of California, Amendment No. 13 by Mr. GOODLATTE Alexander Blackburn Cole Altmire Bonner Conaway Mr. CONYERS, Ms. WATERS, Ms. of Virginia. Amash Bono Mack Costello MCCOLLUM and Ms. PINGREE of Amendment No. 15 by Mr. MULVANEY Amodei Boustany Courtney Maine changed their vote from ‘‘no’’ to of South Carolina. Austria Brady (PA) Cravaack ‘‘aye.’’ The Chair will reduce to 2 minutes Baca Brooks Crawford Bachmann Broun (GA) Crenshaw So the amendment was rejected. the minimum time for any electronic Bachus Buchanan Crowley vote after the first vote in this series. Barletta Buerkle Culberson The result of the vote was announced Barrow Burgess Denham as above recorded. AMENDMENT NO. 1 OFFERED BY MR. LANGEVIN Bartlett Burton (IN) DesJarlais The Acting CHAIR. The unfinished Barton (TX) Calvert Diaz-Balart Stated for: business is the demand for a recorded Bass (NH) Camp Dold Mr. FILNER. Mr. Chair, on rollcall 184, I was vote on the amendment offered by the Benishek Campbell Donnelly (IN) away from the Capitol due to prior commit- Berg Capito Dreier gentleman from Rhode Island (Mr. Biggert Carter Duffy ments to my constituents. Had I been present, LANGEVIN) on which further pro- Bilbray Cassidy Duncan (SC) I would have voted ‘‘aye.’’

VerDate Mar 15 2010 03:59 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\K26AP7.092 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2180 CONGRESSIONAL RECORD — HOUSE April 26, 2012 AMENDMENT NO. 4 OFFERED BY MR. ROGERS OF King (IA) Neal Schock gentleman from Arizona (Mr. QUAYLE) MICHIGAN King (NY) Neugebauer Schwartz Kingston Noem Schweikert on which further proceedings were The Acting CHAIR (Mr. CHAFFETZ). Kinzinger (IL) Nugent Scott (SC) postponed and on which the ayes pre- The unfinished business is the demand Kissell Nunes Scott (VA) vailed by voice vote. for a recorded vote on the amendment Kline Nunnelee Scott, Austin The Clerk will redesignate the Kucinich Olson Scott, David offered by the gentleman from Michi- Labrador Olver Sensenbrenner amendment. gan (Mr. ROGERS) on which further pro- Lamborn Owens Serrano The Clerk redesignated the amend- ceedings were postponed and on which Lance Palazzo Sessions ment. the ayes prevailed by voice vote. Langevin Pallone Sewell Lankford Pascrell Sherman RECORDED VOTE The Clerk will redesignate the Larsen (WA) Pastor (AZ) Shimkus The Acting CHAIR. A recorded vote amendment. Larson (CT) Paulsen Shuler has been demanded. The Clerk redesignated the amend- Latham Pearce Shuster A recorded vote was ordered. ment. LaTourette Pelosi Simpson Latta Perlmutter Smith (NE) The Acting CHAIR. This will be a 2- RECORDED VOTE Lee (CA) Peters Smith (NJ) minute vote. The Acting CHAIR. A recorded vote Levin Peterson Smith (TX) Lewis (CA) Petri Smith (WA) The vote was taken by electronic de- has been demanded. Lewis (GA) Pingree (ME) Southerland vice, and there were—ayes 410, noes 3, A recorded vote was ordered. Lipinski Pitts Speier not voting 18, as follows: The Acting CHAIR. This will be a 2- LoBiondo Platts Stark [Roll No. 186] minute vote. Loebsack Poe (TX) Stearns Lofgren, Zoe Polis Stivers AYES—410 The vote was taken by electronic de- Long Pompeo Stutzman vice, and there were—ayes 412, noes 0, Lowey Posey Sullivan Ackerman Coble Graves (GA) Adams Coffman (CO) Graves (MO) not voting 19, as follows: Lucas Price (GA) Sutton Luetkemeyer Price (NC) Terry Aderholt Cohen Green, Al [Roll No. 185] Luja´ n Quayle Thompson (CA) Akin Cole Green, Gene Alexander Conaway Griffin (AR) AYES—412 Lummis Quigley Thompson (MS) Lungren, Daniel Rahall Thompson (PA) Altmire Connolly (VA) Griffith (VA) Ackerman Cicilline Gardner E. Reed Thornberry Amash Conyers Grijalva Adams Clarke (MI) Garrett Lynch Rehberg Tiberi Amodei Cooper Grimm Aderholt Clay Gerlach Mack Reichert Tierney Andrews Costa Guinta Akin Cleaver Gibbs Manzullo Renacci Tipton Austria Costello Guthrie Alexander Clyburn Gibson Marchant Reyes Tonko Baca Courtney Gutierrez Altmire Coble Gingrey (GA) Markey Ribble Towns Bachmann Cravaack Hahn Amash Coffman (CO) Gohmert Matheson Richardson Tsongas Bachus Crawford Hall Amodei Cohen Gonzalez Matsui Richmond Turner (NY) Baldwin Crenshaw Hanabusa Andrews Cole Goodlatte McCarthy (CA) Rigell Turner (OH) Barletta Critz Hanna Austria Conaway Gosar McCarthy (NY) Rivera Upton Barrow Crowley Harper Baca Connolly (VA) Gowdy McCaul Roby Van Hollen Bartlett Cuellar Harris Bachmann Conyers Granger McClintock Roe (TN) Vela´ zquez Barton (TX) Culberson Hartzler Bachus Cooper Graves (GA) McCollum Rogers (AL) Visclosky Bass (CA) Cummings Hastings (FL) Baldwin Costa Graves (MO) McCotter Rogers (KY) Walberg Bass (NH) Davis (CA) Hastings (WA) Barletta Costello Green, Al McDermott Rogers (MI) Walden Becerra Davis (IL) Hayworth Barrow Courtney Green, Gene McGovern Rohrabacher Walsh (IL) Benishek DeFazio Heck Bartlett Cravaack Griffin (AR) McIntyre Rokita Walz (MN) Berg DeGette Heinrich Barton (TX) Crawford Griffith (VA) McKeon Rooney Wasserman Berkley DeLauro Hensarling Bass (CA) Crenshaw Grijalva McKinley Ros-Lehtinen Schultz Berman Denham Herger Bass (NH) Critz Grimm McMorris Roskam Waters Biggert Dent Herrera Beutler Becerra Crowley Guinta Rodgers Ross (AR) Watt Bilbray DesJarlais Higgins Benishek Cuellar Guthrie McNerney Ross (FL) Waxman Bilirakis Deutch Himes Berg Culberson Gutierrez Meehan Rothman (NJ) Webster Bishop (GA) Diaz-Balart Hinchey Berkley Cummings Hahn Meeks Roybal-Allard Welch Bishop (NY) Dicks Hinojosa Berman Davis (CA) Hall Mica Royce West Bishop (UT) Dingell Hochul Biggert Davis (IL) Hanabusa Michaud Runyan Westmoreland Black Doggett Holt Bilbray DeFazio Hanna Miller (FL) Ruppersberger Whitfield Blackburn Dold Honda Bilirakis DeGette Harper Miller (MI) Rush Wilson (FL) Bonamici Donnelly (IN) Hoyer Bishop (GA) DeLauro Harris Miller (NC) Ryan (OH) Wilson (SC) Bonner Doyle Huelskamp Bishop (NY) Denham Hartzler Miller, Gary Ryan (WI) Wittman Bono Mack Dreier Huizenga (MI) Bishop (UT) Dent Hastings (FL) Miller, George Sa´ nchez, Linda Wolf Boren Duffy Hultgren Black DesJarlais Hastings (WA) Moore T. Womack Boswell Duncan (SC) Hunter Blackburn Deutch Hayworth Moran Sanchez, Loretta Woodall Boustany Duncan (TN) Hurt Bonamici Diaz-Balart Heck Mulvaney Sarbanes Woolsey Brady (PA) Edwards Israel Bonner Dicks Heinrich Murphy (CT) Scalise Yarmuth Brady (TX) Ellison Issa Bono Mack Dingell Hensarling Murphy (PA) Schakowsky Yoder Braley (IA) Ellmers Jackson (IL) Boren Doggett Herger Myrick Schiff Young (AK) Brooks Emerson Jackson Lee Boswell Dold Herrera Beutler Nadler Schilling Young (FL) Broun (GA) Engel (TX) Boustany Donnelly (IN) Higgins Napolitano Schmidt Young (IN) Brown (FL) Eshoo Jenkins Brady (PA) Doyle Himes Buchanan Farenthold Johnson (IL) Brady (TX) Dreier Hinchey NOT VOTING—19 Buerkle Farr Johnson (OH) Braley (IA) Duffy Hinojosa Blumenauer Holden Pence Burgess Fattah Johnson, E. B. Brooks Duncan (SC) Hochul Bucshon Johnson (GA) Rangel Burton (IN) Fincher Johnson, Sam Broun (GA) Duncan (TN) Holt Canseco Landry Schrader Butterfield Fitzpatrick Jones Brown (FL) Edwards Honda Calvert Flake Jordan Clarke (NY) Maloney Sires Buchanan Ellison Hoyer Camp Fleischmann Kaptur Davis (KY) Marino Slaughter Buerkle Ellmers Huelskamp Filner McHenry Campbell Fleming Keating Burgess Emerson Huizenga (MI) Hirono Paul Cantor Flores Kelly Burton (IN) Engel Hultgren Capito Forbes Kildee Butterfield Eshoo Hunter b 1727 Capps Fortenberry Kind Calvert Farenthold Hurt Capuano Foxx King (IA) Camp Farr Israel Mr. CUMMINGS changed his vote Cardoza Frank (MA) King (NY) Campbell Fattah Issa from ‘‘no’’ to ‘‘aye.’’ Carnahan Franks (AZ) Kingston Cantor Fincher Jackson (IL) So the amendment was agreed to. Carney Frelinghuysen Kinzinger (IL) Capito Fitzpatrick Jackson Lee The result of the vote was announced Carson (IN) Fudge Kissell Capps Flake (TX) Carter Gallegly Kline Capuano Fleischmann Jenkins as above recorded. Cassidy Garamendi Kucinich Cardoza Fleming Johnson (IL) Stated for: Castor (FL) Gardner Labrador Carnahan Flores Johnson (OH) Mr. FILNER. Mr. Chair, on rollcall No. 185, Chabot Garrett Lamborn Carney Forbes Johnson, E. B. I was away from the Capitol due to prior com- Chaffetz Gerlach Lance Carson (IN) Fortenberry Johnson, Sam Chandler Gibbs Landry Carter Foxx Jones mitments to my constituents. Had I been Chu Gibson Langevin Cassidy Frank (MA) Jordan present, I would have voted ‘‘aye.’’ Cicilline Gingrey (GA) Lankford Castor (FL) Franks (AZ) Kaptur AMENDMENT NO. 6 OFFERED BY MR. QUAYLE Clarke (MI) Gonzalez Larsen (WA) Chabot Frelinghuysen Keating The Acting CHAIR. The unfinished Clarke (NY) Goodlatte Larson (CT) Chaffetz Fudge Kelly Clay Gosar Latham Chandler Gallegly Kildee business is the demand for a recorded Cleaver Gowdy LaTourette Chu Garamendi Kind vote on the amendment offered by the Clyburn Granger Latta

VerDate Mar 15 2010 03:59 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.095 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2181 Lee (CA) Paulsen Sensenbrenner The Clerk will redesignate the Lungren, Daniel Pitts Sewell Levin Pearce Serrano amendment. E. Platts Sherman Lewis (CA) Pelosi Sessions Lynch Poe (TX) Shimkus Lewis (GA) Perlmutter Sewell The Clerk redesignated the amend- Mack Polis Shuler Lipinski Peters Sherman ment. Manzullo Pompeo Shuster LoBiondo Peterson Shimkus Marchant Posey Simpson RECORDED VOTE Loebsack Petri Shuler Markey Price (GA) Smith (NE) Long Pingree (ME) Shuster The Acting CHAIR. A recorded vote Matheson Price (NC) Smith (NJ) Lowey Pitts Simpson has been demanded. Matsui Quayle Smith (TX) Lucas Platts Smith (NE) McCarthy (CA) Quigley Smith (WA) Luetkemeyer Poe (TX) A recorded vote was ordered. Smith (NJ) McCarthy (NY) Rahall Southerland Luja´ n Polis McCaul Reed Speier Smith (TX) The Acting CHAIR. This will be a 2- Lummis Pompeo McClintock Rehberg Stark Smith (WA) minute vote. Lungren, Daniel Posey McCollum Reichert Stearns Southerland E. Price (GA) The vote was taken by electronic de- McCotter Renacci Stivers Lynch Price (NC) Speier vice, and there were—ayes 415, noes 0, McDermott Reyes Stutzman Stark Mack Quayle not voting 16, as follows: McGovern Ribble Sullivan Manzullo Quigley Stearns McIntyre Richardson Sutton Marchant Rahall Stivers [Roll No. 187] McKeon Richmond Terry Markey Reed Stutzman AYES—415 McKinley Rigell Thompson (CA) Matheson Rehberg Sutton McMorris Rivera Thompson (MS) Matsui Reichert Terry Ackerman Connolly (VA) Guthrie Rodgers Roby Thompson (PA) McCarthy (CA) Renacci Thompson (CA) Adams Conyers Gutierrez McNerney Roe (TN) Thornberry McCarthy (NY) Reyes Thompson (MS) Aderholt Cooper Hahn Meehan Rogers (AL) Tiberi McCaul Ribble Thompson (PA) Akin Costa Hall Meeks Rogers (KY) Tierney McCollum Richardson Thornberry Alexander Costello Hanabusa Mica Rogers (MI) Tipton McCotter Richmond Tiberi Altmire Courtney Hanna Michaud Rohrabacher Tonko McDermott Rigell Tierney Amash Cravaack Harper Miller (FL) Rokita Towns McGovern Rivera Tipton Amodei Crawford Harris Miller (MI) Rooney Tsongas McIntyre Roby Tonko Andrews Crenshaw Hartzler Miller (NC) Ros-Lehtinen Turner (NY) McKeon Roe (TN) Towns Austria Critz Hastings (FL) Miller, Gary Roskam Turner (OH) McKinley Rogers (AL) Tsongas Baca Crowley Hastings (WA) Miller, George Ross (AR) Upton Bachmann Cuellar McMorris Rogers (KY) Turner (NY) Hayworth Moore Ross (FL) Van Hollen Bachus Culberson Heck Rodgers Rogers (MI) Turner (OH) Moran Rothman (NJ) Vela´ zquez Baldwin Cummings Heinrich McNerney Rohrabacher Upton Mulvaney Roybal-Allard Visclosky Barletta Davis (CA) Hensarling Meehan Rokita Van Hollen Murphy (CT) Royce Walberg Barrow Davis (IL) Herger Meeks Rooney Vela´ zquez Murphy (PA) Runyan Walden Bartlett DeFazio Herrera Beutler Mica Ros-Lehtinen Visclosky Myrick Ruppersberger Walsh (IL) Barton (TX) DeGette Higgins Michaud Roskam Walberg Nadler Rush Walz (MN) Miller (FL) Ross (AR) Bass (CA) DeLauro Himes Napolitano Ryan (OH) Wasserman Walden Bass (NH) Denham Hinchey Miller (MI) Ross (FL) Walsh (IL) Neal Ryan (WI) Schultz Becerra Dent Hinojosa ´ Miller (NC) Rothman (NJ) Walz (MN) Neugebauer Sanchez, Linda Waters Miller, Gary Roybal-Allard Benishek DesJarlais Hochul Wasserman Noem T. Watt Miller, George Royce Berg Deutch Holt Schultz Nugent Sanchez, Loretta Waxman Moore Runyan Berkley Diaz-Balart Honda Nunes Sarbanes Webster Waters Moran Ruppersberger Berman Dicks Hoyer Nunnelee Scalise Welch Watt Mulvaney Rush Biggert Dingell Huelskamp Olson Schakowsky West Waxman Murphy (CT) Ryan (OH) Bilbray Doggett Huizenga (MI) Olver Schiff Westmoreland Webster Murphy (PA) Ryan (WI) Bilirakis Dold Hultgren Owens Schilling Whitfield Welch Myrick Sa´ nchez, Linda Bishop (GA) Donnelly (IN) Hunter Palazzo Schmidt Wilson (FL) Nadler T. West Bishop (NY) Doyle Hurt Pallone Schock Wilson (SC) Napolitano Sanchez, Loretta Westmoreland Bishop (UT) Dreier Israel Pascrell Schrader Wittman Neal Sarbanes Whitfield Black Duffy Issa Pastor (AZ) Schwartz Wolf Neugebauer Scalise Wilson (FL) Blackburn Duncan (SC) Jackson (IL) Paulsen Schweikert Womack Noem Schakowsky Wilson (SC) Bonamici Duncan (TN) Jackson Lee Pearce Scott (SC) Woodall Nugent Schiff Wittman Bonner Edwards (TX) Pelosi Scott (VA) Woolsey Nunes Schilling Wolf Bono Mack Ellison Jenkins Perlmutter Scott, Austin Yarmuth Nunnelee Schmidt Womack Boren Ellmers Johnson (IL) Peters Scott, David Yoder Olson Schock Woodall Boswell Emerson Johnson (OH) Peterson Sensenbrenner Young (AK) Olver Schwartz Woolsey Boustany Engel Johnson, E. B. Petri Serrano Young (FL) Owens Schweikert Yarmuth Brady (PA) Eshoo Johnson, Sam Pingree (ME) Sessions Young (IN) Palazzo Scott (SC) Yoder Brady (TX) Farenthold Jones Pallone Scott (VA) Young (AK) Braley (IA) Farr Jordan NOT VOTING—16 Brooks Fattah Kaptur Pascrell Scott, Austin Young (FL) Blumenauer Holden Pence Broun (GA) Fincher Keating Pastor (AZ) Scott, David Young (IN) Bucshon Johnson (GA) Brown (FL) Fitzpatrick Kelly Rangel Canseco Maloney NOES—3 Buchanan Flake Kildee Sires Davis (KY) Marino Buerkle Fleischmann Kind Slaughter Gohmert Lofgren, Zoe McClintock Filner McHenry Burgess Fleming King (IA) Hirono Paul NOT VOTING—18 Burton (IN) Flores King (NY) Butterfield Forbes Kingston Blumenauer Holden Pence Calvert Fortenberry Kinzinger (IL) Bucshon Johnson (GA) Rangel b 1736 Camp Foxx Kissell Canseco Maloney Schrader Campbell Frank (MA) Kline Davis (KY) Marino Sires So the amendment was agreed to. Cantor Franks (AZ) Kucinich Filner McHenry Slaughter Capito Frelinghuysen Labrador The result of the vote was announced Hirono Paul Sullivan Capps Fudge Lamborn as above recorded. Capuano Gallegly Lance Stated for: b 1731 Cardoza Garamendi Landry So the amendment was agreed to. Carnahan Gardner Langevin Mr. FILNER. Mr. Chair, on rollcall 187, I was Carney Garrett Lankford The result of the vote was announced away from the Capitol due to prior commit- Carson (IN) Gerlach Larsen (WA) ments to my constituents. Had I been present, as above recorded. Carter Gibbs Larson (CT) Stated for: Cassidy Gibson Latham I would have voted ‘‘aye.’’ Castor (FL) Gingrey (GA) LaTourette AMENDMENT NO. 8 OFFERED BY MR. MULVANEY Mr. FILNER. Mr. Chair, on rollcall 186, I was Chabot Gohmert Latta away from the Capitol due to prior commit- Chaffetz Gonzalez Lee (CA) The Acting CHAIR. The unfinished ments to my constituents. Had I been present, Chandler Goodlatte Levin business is the demand for a recorded I would have voted ‘‘aye.’’ Chu Gosar Lewis (CA) vote on the amendment offered by the Cicilline Gowdy Lewis (GA) AMENDMENT NO. 7 OFFERED BY AMASH Clarke (MI) Granger Lipinski gentleman from South Carolina (Mr. The Acting CHAIR. The unfinished Clarke (NY) Graves (GA) LoBiondo MULVANEY) on which further pro- Clay Graves (MO) Loebsack ceedings were postponed and on which business is the demand for a recorded Cleaver Green, Al Lofgren, Zoe vote on the amendment offered by the Clyburn Green, Gene Long the ayes prevailed by voice vote. gentleman from Michigan (Mr. AMASH) Coble Griffin (AR) Lowey The Clerk will redesignate the on which further proceedings were Coffman (CO) Griffith (VA) Lucas amendment. Cohen Grijalva Luetkemeyer postponed and on which the ayes pre- Cole Grimm Luja´ n The Clerk redesignated the amend- vailed by voice vote. Conaway Guinta Lummis ment.

VerDate Mar 15 2010 03:59 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.029 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2182 CONGRESSIONAL RECORD — HOUSE April 26, 2012 RECORDED VOTE McCotter Rahall Smith (NE) The vote was taken by electronic de- McDermott Reed Smith (NJ) vice, and there were—ayes 414, noes 1, The Acting CHAIR. A recorded vote McGovern Rehberg Smith (TX) has been demanded. McIntyre Reichert Smith (WA) not voting 16, as follows: McKeon Renacci A recorded vote was ordered. Southerland [Roll No. 189] McKinley Reyes Speier The Acting CHAIR. This will be a 2- McMorris Ribble Stark AYES—414 minute vote. Rodgers Richardson Stearns McNerney Richmond Ackerman Davis (CA) Hultgren The vote was taken by electronic de- Stivers Adams Davis (IL) Hunter Meehan Rigell Stutzman vice, and there were—ayes 416, noes 0, Meeks Rivera Aderholt DeFazio Hurt Sullivan Mica Roby Alexander DeGette Israel not voting 15, as follows: Sutton Michaud Roe (TN) Altmire DeLauro Issa Terry [Roll No. 188] Miller (FL) Rogers (AL) Amash Denham Jackson (IL) Thompson (CA) Amodei Dent Jackson Lee AYES—416 Miller (MI) Rogers (KY) Miller (NC) Rogers (MI) Thompson (MS) Andrews DesJarlais (TX) Ackerman Courtney Hastings (WA) Miller, Gary Rohrabacher Thompson (PA) Austria Deutch Jenkins Adams Cravaack Hayworth Miller, George Rokita Thornberry Baca Diaz-Balart Johnson (GA) Aderholt Crawford Heck Moore Rooney Tiberi Bachmann Dicks Johnson (IL) Akin Crenshaw Heinrich Moran Ros-Lehtinen Tierney Bachus Dingell Johnson (OH) Alexander Critz Hensarling Mulvaney Roskam Tipton Baldwin Doggett Johnson, E. B. Altmire Crowley Herger Murphy (CT) Ross (AR) Tonko Barletta Dold Johnson, Sam Amash Cuellar Herrera Beutler Murphy (PA) Ross (FL) Towns Barrow Donnelly (IN) Jones Amodei Culberson Higgins Myrick Rothman (NJ) Tsongas Bartlett Doyle Jordan Andrews Cummings Himes Nadler Roybal-Allard Turner (NY) Barton (TX) Dreier Kaptur Austria Davis (CA) Hinchey Napolitano Royce Turner (OH) Bass (CA) Duffy Keating Baca Davis (IL) Hinojosa Neal Runyan Upton Bass (NH) Duncan (SC) Kelly Bachmann DeFazio Hochul Neugebauer Ruppersberger Van Hollen Becerra Duncan (TN) Kildee Bachus DeGette Holt Benishek Edwards Kind Noem Rush Vela´ zquez Baldwin DeLauro Honda Berg Ellison King (IA) Nugent Ryan (OH) Visclosky Barletta Denham Hoyer Berkley Ellmers King (NY) Nunes Ryan (WI) Walberg Barrow Dent Huelskamp Berman Emerson Kingston Nunnelee Sa´ nchez, Linda Walden Bartlett DesJarlais Huizenga (MI) Olson T. Biggert Engel Kinzinger (IL) Barton (TX) Deutch Hultgren Walsh (IL) Bilbray Eshoo Kissell Olver Sanchez, Loretta Walz (MN) Bass (CA) Diaz-Balart Hunter Owens Sarbanes Bilirakis Farenthold Kline Bass (NH) Dicks Hurt Wasserman Bishop (GA) Farr Kucinich Palazzo Scalise Schultz Becerra Dingell Israel Pallone Schakowsky Bishop (NY) Fattah Labrador Waters Benishek Doggett Issa Pascrell Schiff Bishop (UT) Fincher Lamborn Watt Berg Dold Jackson (IL) Pastor (AZ) Schilling Black Fitzpatrick Lance Waxman Berkley Donnelly (IN) Jackson Lee Paulsen Schmidt Blackburn Flake Landry Webster Berman Doyle (TX) Pearce Schock Bonamici Fleischmann Langevin Biggert Dreier Jenkins Pelosi Schrader Welch Bonner Fleming Lankford Bilbray Duffy Johnson (GA) Perlmutter Schwartz West Bono Mack Flores Larsen (WA) Bilirakis Duncan (SC) Johnson (IL) Peters Schweikert Westmoreland Boren Forbes Larson (CT) Bishop (GA) Duncan (TN) Johnson (OH) Peterson Scott (SC) Whitfield Boswell Fortenberry Latham Bishop (NY) Edwards Johnson, E. B. Petri Scott (VA) Wilson (FL) Boustany Foxx LaTourette Bishop (UT) Ellison Johnson, Sam Pingree (ME) Scott, Austin Wilson (SC) Brady (PA) Frank (MA) Latta Black Ellmers Jones Pitts Scott, David Wittman Brady (TX) Franks (AZ) Lee (CA) Blackburn Emerson Jordan Platts Sensenbrenner Wolf Braley (IA) Frelinghuysen Levin Bonamici Engel Kaptur Poe (TX) Serrano Womack Brooks Fudge Lewis (CA) Bonner Eshoo Keating Polis Sessions Woodall Broun (GA) Gallegly Lewis (GA) Bono Mack Farenthold Kelly Pompeo Sewell Woolsey Brown (FL) Garamendi Lipinski Boren Farr Kildee Posey Sherman Yarmuth Buchanan Gardner LoBiondo Boswell Fattah Kind Price (GA) Shimkus Yoder Buerkle Garrett Loebsack Boustany Fincher King (IA) Price (NC) Shuler Young (AK) Burgess Gerlach Long Brady (PA) Fitzpatrick King (NY) Quayle Shuster Young (FL) Burton (IN) Gibbs Lowey Brady (TX) Flake Kingston Quigley Simpson Young (IN) Butterfield Gibson Lucas Braley (IA) Fleischmann Kinzinger (IL) Calvert Gingrey (GA) Luetkemeyer Brooks Fleming Kissell NOT VOTING—15 Camp Gohmert Luja´ n Broun (GA) Flores Kline Blumenauer Hirono Paul Campbell Gonzalez Lummis Brown (FL) Forbes Kucinich Bucshon Holden Pence Cantor Goodlatte Lungren, Daniel Buchanan Fortenberry Labrador Canseco Maloney Rangel Capito Gosar E. Buerkle Foxx Lamborn Davis (KY) Marino Sires Capps Gowdy Lynch Burgess Frank (MA) Lance Filner McHenry Slaughter Capuano Granger Mack Burton (IN) Franks (AZ) Landry Cardoza Graves (GA) Manzullo Butterfield Frelinghuysen Langevin b 1740 Carnahan Graves (MO) Marchant Calvert Fudge Lankford Carney Green, Al Markey Camp Gallegly Larsen (WA) So the amendment was agreed to. Carson (IN) Green, Gene Matheson Campbell Garamendi Larson (CT) The result of the vote was announced Carter Griffin (AR) Matsui Cantor Gardner Latham as above recorded. Cassidy Griffith (VA) McCarthy (CA) Capito Garrett LaTourette Castor (FL) Grijalva McCarthy (NY) Capps Gerlach Latta Stated for: Chabot Grimm McCaul Capuano Gibbs Lee (CA) Mr. FILNER. Mr. Chair, on rollcall 188, I was Chaffetz Guinta McClintock Cardoza Gibson Levin away from the Capitol due to prior commit- Chandler Guthrie McCollum Carnahan Gingrey (GA) Lewis (CA) ments to my constituents. Had I been present, Chu Gutierrez McCotter Carney Gohmert Lewis (GA) Cicilline Hahn McDermott Carson (IN) Gonzalez Lipinski I would have voted ‘‘aye.’’ Clarke (MI) Hall McGovern Carter Goodlatte LoBiondo AMENDMENT NO. 13 OFFERED BY MR. GOODLATTE Clarke (NY) Hanabusa McIntyre Cassidy Gosar Loebsack The Acting CHAIR. The unfinished Clay Hanna McKeon Castor (FL) Gowdy Lofgren, Zoe Cleaver Harper McKinley Chabot Granger Long business is the demand for a recorded Clyburn Harris McMorris Chaffetz Graves (GA) Lowey vote on the amendment offered by the Coble Hartzler Rodgers Chandler Graves (MO) Lucas gentleman from Virginia (Mr. GOOD- Coffman (CO) Hastings (FL) McNerney Chu Green, Al Luetkemeyer Cohen Hastings (WA) Meehan LATTE Cicilline Green, Gene Luja´ n ) on which further proceedings Cole Hayworth Meeks Clarke (MI) Griffin (AR) Lummis were postponed and on which the ayes Conaway Heck Mica Clarke (NY) Griffith (VA) Lungren, Daniel prevailed by voice vote. Connolly (VA) Heinrich Michaud Clay Grijalva E. The Clerk will redesignate the Conyers Hensarling Miller (FL) Cleaver Grimm Lynch Cooper Herger Miller (MI) Clyburn Guinta Mack amendment. Costa Herrera Beutler Miller (NC) Coble Guthrie Manzullo The Clerk redesignated the amend- Costello Higgins Miller, Gary Coffman (CO) Gutierrez Marchant ment. Courtney Himes Miller, George Cohen Hahn Markey Cravaack Hinchey Moore RECORDED VOTE Cole Hall Matheson Crawford Hinojosa Moran Conaway Hanabusa Matsui The Acting CHAIR. A recorded vote Crenshaw Hochul Mulvaney Connolly (VA) Hanna McCarthy (CA) has been demanded. Critz Holt Murphy (CT) Conyers Harper McCarthy (NY) A recorded vote was ordered. Crowley Honda Murphy (PA) Cooper Harris McCaul Cuellar Hoyer Myrick Costa Hartzler McClintock The Acting CHAIR. This will be a 2- Culberson Huelskamp Nadler Costello Hastings (FL) McCollum minute vote. Cummings Huizenga (MI) Napolitano

VerDate Mar 15 2010 03:59 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.101 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2183 Neal Rokita Stivers [Roll No. 190] Pascrell Roybal-Allard Terry Neugebauer Rooney Stutzman Pastor (AZ) Royce Thompson (CA) Noem Ros-Lehtinen Sullivan AYES—413 Paulsen Runyan Thompson (MS) Nugent Roskam Sutton Pearce Ruppersberger Ackerman DeGette Jenkins Thompson (PA) Nunes Ross (AR) Pelosi Rush Terry Adams DeLauro Johnson (GA) Thornberry Nunnelee Ross (FL) Perlmutter Ryan (OH) Thompson (CA) Aderholt Denham Johnson (IL) Tiberi Olson Rothman (NJ) Peters Ryan (WI) Thompson (MS) Akin Dent Johnson (OH) Tierney Olver Roybal-Allard Peterson Sa´ nchez, Linda Thompson (PA) Alexander DesJarlais Johnson, E. B. Tipton Owens Royce Petri T. Thornberry Tonko Palazzo Runyan Altmire Deutch Johnson, Sam Pingree (ME) Sanchez, Loretta Tiberi Towns Pallone Ruppersberger Amash Diaz-Balart Jones Pitts Sarbanes Tierney Amodei Dicks Jordan Tsongas Pascrell Rush Tipton Platts Scalise Pastor (AZ) Ryan (OH) Andrews Doggett Kaptur Poe (TX) Schakowsky Turner (OH) Tonko Austria Dold Keating Upton Paulsen Ryan (WI) Towns Polis Schiff ´ Baca Donnelly (IN) Kelly Van Hollen Pearce Sanchez, Linda Tsongas Pompeo Schilling Pelosi T. Bachmann Doyle Kildee Vela´ zquez Turner (NY) Posey Schmidt Perlmutter Sanchez, Loretta Bachus Dreier Kind Price (GA) Schock Visclosky Turner (OH) Peters Sarbanes Baldwin Duffy King (IA) Price (NC) Schwartz Walberg Upton Peterson Scalise Barletta Duncan (SC) King (NY) Quayle Schweikert Walden Van Hollen Petri Schakowsky Barrow Duncan (TN) Kingston Quigley Scott (SC) Walsh (IL) Vela´ zquez Pingree (ME) Schiff Bartlett Edwards Kinzinger (IL) Rahall Scott (VA) Walz (MN) Visclosky Barton (TX) Ellison Kissell Pitts Schilling Reed Scott, Austin Wasserman Walberg Bass (CA) Ellmers Kline Platts Schmidt Rehberg Scott, David Schultz Walden Bass (NH) Emerson Kucinich Poe (TX) Schock Reichert Sensenbrenner Waters Walsh (IL) Becerra Engel Labrador Polis Schrader Renacci Serrano Watt Walz (MN) Benishek Eshoo Lamborn Pompeo Schwartz Reyes Sessions Waxman Wasserman Berg Farenthold Lance Posey Schweikert Ribble Sewell Webster Price (GA) Scott (SC) Schultz Berkley Farr Landry Richardson Sherman Waters Berman Fattah Langevin Welch Price (NC) Scott (VA) Richmond Shimkus West Quayle Scott, Austin Watt Biggert Fincher Lankford Rigell Shuler Westmoreland Quigley Scott, David Waxman Bilbray Fitzpatrick Larsen (WA) Rivera Shuster Whitfield Rahall Sensenbrenner Webster Bilirakis Flake Larson (CT) Roby Simpson Wilson (FL) Reed Serrano Welch Bishop (GA) Fleischmann Latham Roe (TN) Smith (NE) Rehberg Sessions West Bishop (NY) Fleming LaTourette Rogers (AL) Smith (NJ) Wilson (SC) Reichert Sewell Westmoreland Bishop (UT) Flores Latta Rogers (KY) Smith (TX) Wittman Renacci Sherman Whitfield Black Forbes Lee (CA) Rogers (MI) Smith (WA) Wolf Reyes Shimkus Wilson (FL) Blackburn Fortenberry Levin Rohrabacher Southerland Womack Ribble Shuler Wilson (SC) Bonamici Foxx Lewis (CA) Rokita Speier Woodall Richardson Shuster Wittman Bonner Frank (MA) Lewis (GA) Rooney Stark Woolsey Richmond Simpson Wolf Bono Mack Franks (AZ) Lipinski Ros-Lehtinen Stearns Yarmuth Rigell Smith (NE) Womack Boren Frelinghuysen LoBiondo Roskam Stivers Yoder Rivera Smith (NJ) Woodall Boswell Fudge Loebsack Ross (AR) Stutzman Young (AK) Roby Smith (TX) Woolsey Boustany Gallegly Lofgren, Zoe Ross (FL) Sullivan Young (FL) Roe (TN) Smith (WA) Yarmuth Brady (PA) Garamendi Long Rothman (NJ) Sutton Young (IN) Rogers (AL) Southerland Yoder Brady (TX) Gardner Lowey Rogers (KY) Speier Young (AK) Braley (IA) Garrett Lucas NOES—3 Rogers (MI) Stark Young (FL) Brooks Gerlach Luetkemeyer Dingell Schrader Turner (NY) Rohrabacher Stearns Young (IN) Broun (GA) Gibbs Luja´ n Brown (FL) Gibson Lummis NOT VOTING—15 NOES—1 Buchanan Gingrey (GA) Lungren, Daniel Blumenauer Hirono Paul Buerkle Gohmert E. Lofgren, Zoe Bucshon Holden Pence Burgess Gonzalez Lynch Canseco Maloney Rangel Burton (IN) Goodlatte Mack NOT VOTING—16 Davis (KY) Marino Sires Butterfield Gosar Manzullo Akin Hirono Pence Filner McHenry Slaughter Calvert Gowdy Marchant Blumenauer Holden Rangel Camp Granger Markey Bucshon Maloney b 1747 Sires Campbell Graves (GA) Matheson Canseco Marino Slaughter Cantor Graves (MO) Matsui So the amendment was agreed to. Davis (KY) McHenry Capito Green, Al McCarthy (CA) Filner Paul The result of the vote was announced Capps Green, Gene McCarthy (NY) as above recorded. Capuano Griffin (AR) McCaul b 1744 Cardoza Griffith (VA) McClintock Stated for: So the amendment was agreed to. Carnahan Grijalva McCollum Mr. FILNER. Mr. Chair, on rollcall 190, I was Carney Grimm McCotter away from the Capitol due to prior commit- The result of the vote was announced Carson (IN) Guinta McDermott as above recorded. Carter Guthrie McGovern ments to my constituents. Had I been present, Stated for: Cassidy Gutierrez McIntyre I would have voted ‘‘aye.’’ Castor (FL) Hahn McKeon The Acting CHAIR. The question is Mr. FILNER. Mr. Chair, on rollcall 189, I was Chabot Hall McKinley on the amendment in the nature of a away from the Capitol due to prior commit- Chaffetz Hanabusa McMorris substitute, as amended. ments to my constituents. Had I been present, Chandler Hanna Rodgers The amendment was agreed to. I would have voted ‘‘aye.’’ Chu Harper McNerney Cicilline Harris Meehan The Acting CHAIR. Under the rule, AMENDMENT NO. 15 OFFERED BY MR. MULVANEY Clarke (MI) Hartzler Meeks the Committee rises. The Acting CHAIR. The unfinished Clarke (NY) Hastings (FL) Mica Clay Hastings (WA) Michaud Accordingly, the Committee rose; business is the demand for a recorded Cleaver Hayworth Miller (FL) and the Speaker pro tempore (Mr. vote on the amendment offered by the Clyburn Heck Miller (MI) WOODALL) having assumed the chair, gentleman from South Carolina (Mr. Coble Heinrich Miller (NC) Mr. CHAFFETZ, Acting Chair of the MULVANEY) on which further pro- Coffman (CO) Hensarling Miller, Gary Cohen Herger Miller, George Committee of the Whole House on the ceedings were postponed and on which Cole Herrera Beutler Moore state of the Union, reported that that the ayes prevailed by voice vote. Conaway Higgins Moran Committee, having had under consider- The Clerk will redesignate the Connolly (VA) Himes Mulvaney Conyers Hinchey Murphy (CT) ation the bill (H.R. 3523) to provide for amendment. Cooper Hinojosa Murphy (PA) the sharing of certain cyber threat in- The Clerk redesignated the amend- Costa Hochul Myrick telligence and cyber threat informa- ment. Costello Holt Nadler tion between the intelligence commu- Courtney Honda Napolitano RECORDED VOTE Cravaack Hoyer Neal nity and cybersecurity entities, and for The Acting CHAIR. A recorded vote Crawford Huelskamp Neugebauer other purposes, and, pursuant to House has been demanded. Crenshaw Huizenga (MI) Noem Resolution 631, he reported the bill Critz Hultgren Nugent A recorded vote was ordered. Crowley Hunter Nunes back to the House with an amendment The Acting CHAIR. This will be a 2- Cuellar Hurt Nunnelee adopted in the Committee of the minute vote. Culberson Israel Olson Whole. The vote was taken by electronic de- Cummings Issa Olver The SPEAKER pro tempore. Under Davis (CA) Jackson (IL) Owens vice, and there were—ayes 413, noes 3, Davis (IL) Jackson Lee Palazzo the rule, the previous question is or- not voting 15, as follows: DeFazio (TX) Pallone dered.

VerDate Mar 15 2010 03:59 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.039 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2184 CONGRESSIONAL RECORD — HOUSE April 26, 2012 Is a separate vote demanded on any Nothing in this act or the amendments that we want to avoid what has hap- amendment to the amendment re- made by this act shall be construed to per- pened in China, that we want to avoid ported from the Committee of the mit an employer, a prospective employer, or what has happened in Iran. We don’t Whole? the Federal Government to require the dis- want the Internet taken down and our If not, the question is on the amend- closure of a confidential password for a so- cial networking Web site or a personal ac- access, individuals’ access, to the ment in the nature of a substitute, as count of an employee or job applicant with- Internet broken. amended. out a court order; or permit the Federal Gov- So there are two pieces to this. One The amendment was agreed to. ernment to establish a mechanism to control is not allowing the demand of a con- The SPEAKER pro tempore. The United States citizens’ access to and use of fidential password and not allowing the question is on the engrossment and the Internet through the creation of a na- government to have the command and third reading of the bill. tional Internet firewall, similar to the control and the ability to take down The bill was ordered to be engrossed ‘‘Great Internet Firewall of China’’, as deter- the Internet, an action similar to what and read a third time, and was read the mined by the Director of National Intel- ligence. we’ve seen in other countries. third time. This is a very simple amendment. It’s MOTION TO RECOMMIT So what this amendment does is two very straightforward. We’ve had a lot Mr. PERLMUTTER. Mr. Speaker, I things. It is the final amendment to of amendments that have garnered the have a motion to recommit at the this bill. There are no more amend- support of virtually every Member of desk. ments to this bill. I know some people this House. This should be one of those. The SPEAKER pro tempore. Is the voted against this amendment when it This is the final amendment. I would gentleman opposed to the bill? was brought up a couple of weeks ago; hope that we would uphold the Con- Mr. PERLMUTTER. In its current and for those of you who regret voting stitution by passing this amendment, form, I am. against it, you’re going to get a chance as well as by making sure that the The SPEAKER pro tempore. The to correct that vote. This is something Internet is available to anyone who Clerk will report the motion to recom- I’ve been working on with Mr. HEINRICH wants to use it at any time. mit. and Mr. MCHENRY. It just says we’re With that, I yield back the balance of The Clerk read as follows: not going to allow as a condition of my time. Mr. Perlmutter moves to recommit the employment the requirement of a Mr. ROGERS of Michigan. I rise in bill, H.R. 3523, to the Permanent Select Com- Facebook password or the like. Now, mittee on Intelligence with instructions to opposition to the motion to recommit. there is a reason for this. The SPEAKER pro tempore. The gen- report the same back to the House forthwith One, there is all sorts of personal in- with the following amendments: tleman is recognized for 5 minutes. At the end of the bill, add the following formation that I may have or that Mr. ROGERS of Michigan. Today, new section: somebody else may have with respect 300,000 times somebody will be trying SEC. 3. PROTECTING THE PRIVACY OF INTERNET to Facebook or Twitter or LinkedIn, to get into our credit card companies— PASSWORDS AND THE CREATIVITY whatever it might be; and they’re enti- 300,000 times, one company. In just the OF THE INTERNET. tled to have an expectation of privacy, Nothing in this Act or the amendments last few years, just in defense contrac- a sense that their freedom of speech— tors, foreign nation-states have stolen made by this Act shall be construed to— their freedom to peaceably assemble, (1) permit an employer, a prospective em- more intellectual property, which will ployer, or the Federal Government to require in effect—is not violated. So that’s the end up protecting this country, equiva- the disclosure of a confidential password for first reason. lent to 50 times the print collection of a social networking website or a personal ac- The second reason is if an employer our U.S. Library of Congress. Anony- count of an employee or job applicant with- or the Federal Government poses as mous is attacking businesses, and out a court order; or somebody, by having their Facebook today attacked Wall Street because (2) permit the Federal Government to es- passwords, then they can impersonate; tablish a mechanism to control United they’re anti-capitalists. There are peo- they can become imposters. It is a two- ple out there today who are literally States citizens’ access to and use of the way exchange of information so that Internet through the creation of a national robbing the future of America for our Internet firewall similar to the ‘‘Great Inter- somebody who is completely unrelated jobs, our prosperity, and our economic net Firewall of China’’, as determined by the to the employment now is commu- prowess in the world; and they’re doing Director of the National Intelligence. nicating with an impostor. That’s an- it by design. Page 12, line 22, strike ‘‘and’’. other reason for this. A year ago, we set out to try to do Page 12, line 25, strike the period and in- The third reason is for the employ- something small. If we have some bad sert a semicolon. ers, themselves, to avoid liability by Page 12, after line 25, insert the following: software—some bad, malicious virus in- ‘‘(G) the number of Americans who have— learning information that may then formation—shouldn’t we be obligated ‘‘(i) been required by employers, prospec- cause them to take actions that would to share that with the private sector so tive employers, or the Federal Government violate a protected group. So there are they can protect themselves? Abso- to release confidential passwords for social at least three good reasons to do this. lutely. networking websites; and We have precedent in our law, and it If we don’t do this, a nation-state ‘‘(ii) had personal information released to is the Employee Polygraph Protection the Federal Government under this section like China has geared up its military Act of 1988. We said we’re not going to and intelligence services for the very or obtained in connection with a cybersecu- allow as a condition of employment the rity breach; and purpose of economically wounding the ‘‘(H) the impact of the information that use of lie detectors. You can use back- United States—by draining our intel- has been released or obtained as referred to ground checks, and you can use ref- lectual property dry. They have done it in subparagraph (G) on privacy, electronic erences. There are plenty of vehicles by by stealing pesticide formulas. They commerce, Internet usage, and online con- which to check out somebody’s em- have done it by stealing pharma- tent. ployment references; but we’re not ceutical formulas. They have done it The SPEAKER pro tempore. The gen- going to allow lie detectors, and we by stealing intellectual property when tleman from Colorado is recognized for should not allow that the Facebook it relates to military hardware and 5 minutes. passwords be given up as a condition of then have copied it, and it has cost us Mr. PERLMUTTER. Mr. Speaker, the employment. So we have precedent in a tremendous amount of more money House has heard this before. It’s very the law. We don’t allow polygraphs or to have had to go back and redesign it. simple, sweet and direct, and I will lie detectors as a condition of employ- take a moment and just read it so that ment. Let’s use what we already have— b 1800 everybody has a chance to understand background checks, references, et So we can play games. We can do it again. What we’re doing is avoiding cetera. silly things. This amendment actually and prohibiting an employer, as a con- The second piece of this is that we does nothing to protect a person’s pri- dition of employment, from demanding will not allow the command and con- vate password at home. Nothing. Not a confidential Facebook password— trol of the Internet or access to the one thing. But it is serving to try to Twitter, Tumblr—or any social media Internet by the United States Govern- obfuscate and maybe send it back to of the like. It reads this way: ment, saying that which is similar: committee and come back.

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.107 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2185 This has been a bipartisan bill, and I they’re getting killed every single day. Schwartz Sutton Walz (MN) can’t tell you how disappointing this It’s happening right this second. Scott (VA) Thompson (CA) Wasserman Scott, David Thompson (MS) Schultz amendment is to me. I have worked This is our chance to stand up. This Serrano Tierney Waters with Mr. RUPPERSBERGER and the mem- was a bipartisan effort. If you really Sewell Tonko Watt bers of this committee. I have worked believe in bipartisanship, if you believe Sherman Towns Waxman with the privacy groups. We’ve worked that’s the future of this Chamber, and Shuler Tsongas Welch Smith (WA) Van Hollen Wilson (FL) with civil libertarians. They threw ev- that’s the dignity of the very Founding Speier Vela´ zquez Woolsey erything but the kitchen sink at us. By Fathers that gave it to us, then today Stark Visclosky Yarmuth the way, this does nothing, or this is the day to prove it. would have been thrown at us, too. You Reject this amendment, stand for NAYS—233 know why? Because it doesn’t do any- America. Support this bill. Adams Goodlatte Olson thing. I get it. Sounds great. You’re I yield back the balance of my time. Aderholt Gosar Palazzo Akin Gowdy Paulsen going to run out and do some bad The SPEAKER pro tempore. Without Alexander Granger Pearce things with it. objection, the previous question is or- Amash Graves (GA) Petri But this is our Nation’s defense. This dered on the motion to recommit. Amodei Graves (MO) Pitts is the last bastion of things we need to Austria Griffin (AR) Platts There was no objection. Bachmann Griffith (VA) do to protect this country. We’ve done Poe (TX) The SPEAKER pro tempore. The Bachus Grimm Pompeo it since 9/11. We did Homeland Secu- question is on the motion to recommit. Barletta Guinta Posey Bartlett Guthrie rity. We’ve done the Patriot Act. We’ve The question was taken; and the Price (GA) Barton (TX) Hall Quayle done other things that this body and Speaker pro tempore announced that Bass (NH) Hanna the other body and the President of the Reed the noes appeared to have it. Benishek Harper Rehberg United States signed to protect this Berg Harris Reichert Mr. PERLMUTTER. Mr. Speaker, on Biggert Hartzler country, as our Constitution tells us to Renacci that I demand the yeas and nays. Bilbray Hastings (WA) Ribble do for the common defense of this great Bilirakis Hayworth The yeas and nays were ordered. Rigell Nation. Bishop (UT) Heck The SPEAKER pro tempore. Pursu- Rivera I will tell you something. We can Black Hensarling ant to clauses 8 and 9 of rule XX, this Roby have this debate. We can talk about a Blackburn Herger 15-minute vote on the motion to re- Bonner Herrera Beutler Roe (TN) bill that does absolutely nothing to Rogers (AL) commit will be followed by 5-minute Bono Mack Huelskamp protect someone’s private password at Boustany Huizenga (MI) Rogers (KY) votes on passage of H.R. 3523, if or- Rogers (MI) home, or we can get about the business Brady (TX) Hultgren dered; and suspension of the rules with Brooks Hunter Rohrabacher of trying to give the private sector just regard to H.R. 2050, if ordered. Broun (GA) Hurt Rokita a little bit of information to protect Buchanan Issa Rooney people’s private information in the The vote was taken by electronic de- Buerkle Jenkins Ros-Lehtinen Roskam comfort of their homes, so that we can vice, and there were—yeas 183, nays Burgess Johnson (IL) 233, not voting 15, as follows: Burton (IN) Johnson (OH) Ross (FL) protect this Nation from a catastrophic Calvert Johnson, Sam Royce attack. [Roll No. 191] Camp Jordan Runyan The director of the national security YEAS—183 Campbell Kelly Ryan (WI) Cantor King (IA) Scalise didn’t say ‘‘maybe,’’ didn’t say, ‘‘could Ackerman Dingell Lowey Capito King (NY) Schilling ´ happen.’’ They said it will happen. Altmire Doggett Lujan Carter Kingston Schmidt This is the one small thing we get to Andrews Donnelly (IN) Lynch Cassidy Kinzinger (IL) Schock Baca Doyle Markey Chabot Kline Schweikert do to prepare for a whole bunch of folks Baldwin Edwards Matheson Chaffetz Labrador Scott (SC) Barrow Ellison Matsui out there that want to bring this Na- Coble Lamborn Scott, Austin Bass (CA) Engel McCarthy (NY) tion down. Coffman (CO) Lance Sensenbrenner Becerra Eshoo McCollum We ought to stand together today in Cole Landry Sessions Berkley Farr McDermott Conaway Lankford Shimkus a bipartisan way. We ought to reject Berman Fattah McGovern Cravaack Latham Shuster all of the confusion and obfuscation Bishop (GA) Frank (MA) McIntyre Crawford LaTourette Bishop (NY) Fudge McNerney Simpson and all of the things that they’re say- Crenshaw Latta Smith (NE) Bonamici Garamendi Meeks Culberson Lewis (CA) ing about this bill that just are not Boren Gonzalez Michaud Smith (NJ) Denham LoBiondo Smith (TX) true. We ought to stand here and say, Boswell Green, Al Miller (NC) Dent Long We respected the fact that you kept Brady (PA) Green, Gene Miller, George Southerland DesJarlais Lucas Stearns Braley (IA) Grijalva Moore Diaz-Balart Luetkemeyer the government stuff government, and Stivers Brown (FL) Gutierrez Moran Dold Lummis the private stuff private, and you’re Stutzman Butterfield Hahn Murphy (CT) Dreier Lungren, Daniel Sullivan not mixing it up, and you’re not Capps Hanabusa Nadler Duffy E. Terry surveilling. You’re doing none of those Capuano Hastings (FL) Napolitano Duncan (SC) Mack Thompson (PA) things. You’re just sharing some pretty Cardoza Heinrich Neal Duncan (TN) Manzullo Carnahan Higgins Olver Ellmers Marchant Thornberry bad information so that they can apply Carney Himes Owens Emerson McCarthy (CA) Tiberi it to their patches that happen on your Carson (IN) Hinchey Pallone Farenthold McCaul Tipton computer every single day, thousands Castor (FL) Hinojosa Pascrell Fincher McClintock Turner (NY) Chandler Hochul Pastor (AZ) Turner (OH) of times a day, to try to keep viruses Fitzpatrick McCotter Chu Holt Pelosi Flake McKeon Upton off your computer, and that’s it. Cicilline Honda Perlmutter Fleischmann McKinley Walberg We’ve spent a lot of time today try- Clarke (MI) Hoyer Peters Fleming McMorris Walden ing to go in a different direction. Peo- Clarke (NY) Israel Peterson Flores Rodgers Walsh (IL) Clay Jackson (IL) Pingree (ME) Webster ple are upset that there aren’t things Forbes Meehan Cleaver Jackson Lee Polis Fortenberry Mica West in the bill. Okay. I mean, the Buffett Clyburn (TX) Price (NC) Foxx Miller (FL) Westmoreland rule isn’t in the bill. I don’t think that Cohen Johnson (GA) Quigley Franks (AZ) Miller (MI) Whitfield Connolly (VA) Johnson, E. B. Rahall ought to get a veto threat either. Frelinghuysen Miller, Gary Wilson (SC) Conyers Jones Reyes Gallegly Mulvaney Wittman This is where we are. This is that Cooper Kaptur Richardson Gardner Murphy (PA) Wolf first small threat. Costa Keating Richmond Garrett Myrick Womack I’m going to ask all of you to join us Costello Kildee Ross (AR) Gerlach Neugebauer Woodall Courtney Kind Rothman (NJ) today. Reject this red herring, this ob- Gibbs Noem Yoder Critz Kissell Roybal-Allard Gibson Nugent Young (AK) fuscation, and stand with America. Crowley Kucinich Ruppersberger Gingrey (GA) Nunes Young (FL) They need it. There are 3 million busi- Cuellar Langevin Rush Gohmert Nunnelee Young (IN) Cummings Larsen (WA) Ryan (OH) nesses with all of the associations tell- ´ Davis (CA) Larson (CT) Sanchez, Linda NOT VOTING—15 ing us, Please, give us that classified Davis (IL) Lee (CA) T. secret malware information that your DeFazio Levin Sanchez, Loretta Blumenauer Hirono Paul government has so we can protect the DeGette Lewis (GA) Sarbanes Bucshon Holden Pence DeLauro Lipinski Schakowsky Canseco Maloney Rangel people we have as customers and cli- Deutch Loebsack Schiff Davis (KY) Marino Sires ents. They’re begging for it because Dicks Lofgren, Zoe Schrader Filner McHenry Slaughter

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.109 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2186 CONGRESSIONAL RECORD — HOUSE April 26, 2012 b 1823 Rogers (KY) Sessions Turner (NY) The result of the vote was announced Rogers (MI) Shimkus Turner (OH) as above recorded. So the motion to recommit was re- Rokita Shuler Upton jected. Rooney Shuster Walberg A motion to reconsider was laid on Ros-Lehtinen Smith (NE) The result of the vote was announced Walden the table. Roskam Smith (NJ) Webster Stated against: as above recorded. Ross (AR) Smith (TX) West Mr. FILNER. Mr. Speaker, on rollcall 192, I Stated for: Ross (FL) Smith (WA) Westmoreland Royce Southerland Whitfield was away from the Capitol due to prior com- Mr. FILNER. Mr. Speaker, on rollcall 191, I Runyan Stearns Wilson (SC) mitments to my constituents. Had I been was away from the Capitol due to prior com- Ruppersberger Stivers Wittman present, I would have voted ‘‘no.’’ mitments to my constituents. Had I been Ryan (WI) Stutzman Scalise Sullivan Wolf PERSONAL EXPLANATION present, I would have voted ‘‘aye.’’ Womack Schilling Terry Ms. SLAUGHTER. Mr. Speaker, I was un- The SPEAKER pro tempore. The Schmidt Thompson (CA) Woodall question is on the passage of the bill. Schock Thompson (PA) Yoder avoidably detained and missed rollcall vote Young (AK) The question was taken; and the Schrader Thornberry Nos. 182, 183, 184, 185, 186, 187, 188, 189, Scott (SC) Tiberi Young (FL) 190, 191, and 192. Had I been present, I Speaker pro tempore announced that Scott, Austin Tipton Young (IN) the noes appeared to have it. Scott, David Towns would have voted ‘‘aye’’ on rollcall vote Nos. 184, 185, 186, 187, 188, 189, 190, and 191. RECORDED VOTE NOES—168 I would have voted ‘‘no’’ on rollcall vote Nos. Mr. ROGERS of Michigan. Mr. Ackerman Green, Gene Pascrell 182, 183, and 192. Speaker, I demand a recorded vote. Akin Grijalva Pastor (AZ) Amash Gutierrez Pearce f A recorded vote was ordered. Andrews Hahn Pelosi The SPEAKER pro tempore. This Baca Hall Perlmutter IDAHO WILDERNESS WATER will be a 5-minute vote. Baldwin Hastings (FL) Peters Barton (TX) Heinrich Pingree (ME) RESOURCES PROTECTION ACT The vote was taken by electronic de- Bass (CA) Higgins Polis The SPEAKER pro tempore. The un- vice, and there were—ayes 248, noes 168, Becerra Himes Posey not voting 15, as follows: Berkley Hinchey Price (NC) finished business is the question on Berman Hinojosa Quigley suspending the rules and passing the [Roll No. 192] Bishop (UT) Holt Rahall bill (H.R. 2050) to authorize the contin- AYES—248 Bonamici Honda Rehberg Brady (PA) Hoyer Reyes ued use of certain water diversions lo- Adams Dicks Kissell Braley (IA) Jackson (IL) Richardson cated on National Forest System land Aderholt Dold Kline Brooks Jackson Lee Richmond in the Frank Church-River of No Re- Alexander Donnelly (IN) Labrador Brown (FL) (TX) Rigell Altmire Dreier Lamborn Capps Johnson (GA) Rohrabacher turn Wilderness and the Selway-Bitter- Amodei Duffy Lance Capuano Johnson (IL) Rothman (NJ) root Wilderness in the State of Idaho, Austria Duncan (SC) Langevin Carnahan Johnson, E. B. Roybal-Allard and for other purposes. Bachmann Duncan (TN) Lankford Carson (IN) Jones Rush The Clerk read the title of the bill. Bachus Ellmers Larsen (WA) Chu Kaptur Ryan (OH) Barletta Fincher Latham Cicilline Keating Sa´ nchez, Linda The SPEAKER pro tempore. The Barrow Fitzpatrick LaTourette Clarke (MI) Kildee T. question is on the motion offered by Bartlett Flake Latta Clarke (NY) Kind Sanchez, Loretta the gentleman from Utah (Mr. BISHOP) Bass (NH) Fleischmann Lewis (CA) Clay Kucinich Sarbanes Benishek Flores Lipinski Cleaver Landry Schakowsky that the House suspend the rules and Berg Forbes LoBiondo Cohen Larson (CT) Schiff pass the bill. Biggert Fortenberry Long Conyers Lee (CA) Schwartz The question was taken; and (two- Bilbray Foxx Lucas Costello Levin Schweikert thirds being in the affirmative) the Bilirakis Franks (AZ) Luetkemeyer Courtney Lewis (GA) Scott (VA) Bishop (GA) Frelinghuysen Lummis Crowley Loebsack Sensenbrenner rules were suspended and the bill was Bishop (NY) Gallegly Lungren, Daniel Cummings Lofgren, Zoe Serrano passed. Black Garamendi E. Davis (CA) Lowey Sewell A motion to reconsider was laid on Blackburn Gardner Manzullo Davis (IL) Luja´ n Sherman Bonner Garrett Matheson DeFazio Lynch Simpson the table. Bono Mack Gerlach McCarthy (CA) DeGette Mack Speier f Boren Gibbs McCarthy (NY) DeLauro Marchant Stark Boswell Gingrey (GA) McCaul Deutch Markey Sutton Boustany Gonzalez McIntyre Dingell Matsui Thompson (MS) AUTHORIZING THE CLERK TO Brady (TX) Goodlatte McKeon Doggett McClintock Tierney MAKE CORRECTIONS IN EN- Broun (GA) Gowdy McKinley Doyle McCollum Tonko GROSSMENT OF H.R. 3523, CYBER Buchanan Granger McMorris Edwards McCotter Tsongas Buerkle Graves (GA) Rodgers Ellison McDermott Van Hollen INTELLIGENCE SHARING AND Burgess Graves (MO) Meehan Emerson McGovern Vela´ zquez PROTECTION ACT Burton (IN) Griffin (AR) Mica Engel McNerney Visclosky Butterfield Griffith (VA) Miller (FL) Eshoo Meeks Walsh (IL) Mr. ROGERS of Michigan. Mr. Calvert Grimm Miller (MI) Farenthold Michaud Walz (MN) Speaker, I ask unanimous consent that Camp Guinta Miller, Gary Farr Miller (NC) Wasserman in the engrossment of the bill, H.R. Campbell Guthrie Moran Fattah Miller, George Schultz 3523, the Clerk be authorized to make Cantor Hanabusa Mulvaney Fleming Moore Waters Capito Hanna Murphy (PA) Frank (MA) Murphy (CT) Watt such technical and conforming changes Cardoza Harper Myrick Fudge Nadler Waxman as necessary to reflect the actions of Carney Harris Neugebauer Gibson Napolitano Welch the House. Carter Hartzler Noem Gohmert Neal Wilson (FL) Cassidy Hastings (WA) Nugent Gosar Olver Woolsey The SPEAKER pro tempore. Is there Castor (FL) Hayworth Nunes Green, Al Pallone Yarmuth objection to the request of the gen- Chabot Heck Nunnelee tleman from Michigan? Chaffetz Hensarling Olson NOT VOTING—15 There was no objection. Chandler Herger Owens Blumenauer Hirono Paul Clyburn Herrera Beutler Palazzo Bucshon Holden Pence Mr. ROGERS of Michigan. Madam Coble Hochul Paulsen Canseco Maloney Rangel Speaker, I ask unanimous consent that Coffman (CO) Huelskamp Peterson Davis (KY) Marino Sires in the engrossment of H.R. 3523, the Cole Huizenga (MI) Petri Filner McHenry Slaughter Conaway Hultgren Pitts Clerk be authorized to make the Connolly (VA) Hunter Platts ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE change that I have placed at the desk. Cooper Hurt Poe (TX) The SPEAKER pro tempore (during The SPEAKER pro tempore (Mrs. Costa Israel Pompeo the vote). There are 2 minutes remain- Cravaack Issa Price (GA) NOEM). The Clerk will report. Crawford Jenkins Quayle ing. The Clerk read as follows: Crenshaw Johnson (OH) Reed Insert ‘‘deny access to or’’ before ‘‘de- Critz Johnson, Sam Reichert b 1831 grade’’ in each place it appears. Cuellar Jordan Renacci Mr. HOYER changed his vote from Culberson Kelly Ribble ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. Is there Denham King (IA) Rivera objection to the request of the gen- Dent King (NY) Roby Mr. TIPTON changed his vote from DesJarlais Kingston Roe (TN) ‘‘no’’ to aye.’’ tleman from Michigan? Diaz-Balart Kinzinger (IL) Rogers (AL) So the bill was passed. There was no objection.

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.111 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2187 ANNOUNCEMENT BY THE SPEAKER ‘‘(b) ADDITIONAL DEFINITIONS.—In this sub- ‘‘(B) EXCEPTION.—Subparagraph (A)(i)(V) PRO TEMPORE chapter: does not include a system that is to be used ‘‘(1) ADEQUATE SECURITY.—The term ‘ade- for routine administrative and business ap- The SPEAKER pro tempore. Pursu- quate security’ means security commensu- plications (including payroll, finance, logis- ant to clause 8 of rule XX, the Chair rate with the risk and magnitude of the tics, and personnel management applica- will postpone further proceedings harm resulting from the unauthorized access tions). today on the motion to suspend the to or loss, misuse, destruction, or modifica- ‘‘(8) THREAT ASSESSMENT.—The term rules on which a recorded vote or the tion of information. ‘threat assessment’ means the formal de- yeas and nays are ordered, or on which ‘‘(2) AUTOMATED AND CONTINUOUS MONI- scription and evaluation of threat to an in- formation system. the vote incurs objection under clause TORING.—The term ‘automated and contin- 6 of rule XX. uous monitoring’ means monitoring, with ‘‘§ 3553. Authority and functions of the Direc- Any record vote on the postponed minimal human involvement, through an un- tor question will be taken later. interrupted, ongoing real time, or near real- ‘‘(a) IN GENERAL.—The Director shall over- time process used to determine if the com- see agency information security policies and f plete set of planned, required, and deployed practices, including— FEDERAL INFORMATION SECURITY security controls within an information sys- ‘‘(1) developing and overseeing the imple- mentation of policies, principles, standards, AMENDMENTS ACT OF 2012 tem continue to be effective over time with rapidly changing information technology and guidelines on information security, in- Mr. ISSA. Madam Speaker, I move to and threat development. cluding through ensuring timely agency suspend the rules and pass the bill ‘‘(3) INCIDENT.—The term ‘incident’ means adoption of and compliance with standards (H.R. 4257) to amend chapter 35 of title an occurrence that actually or potentially promulgated under section 11331 of title 40; 44, United States Code, to revise re- jeopardizes the confidentiality, integrity, or ‘‘(2) requiring agencies, consistent with the availability of an information system, or the standards promulgated under such section quirements relating to Federal infor- 11331 and the requirements of this sub- mation security, and for other pur- information the system processes, stores, or transmits or that constitutes a violation or chapter, to identify and provide information poses, as amended. imminent threat of violation of security security protections commensurate with the The Clerk read the title of the bill. policies, security procedures, or acceptable risk and magnitude of the harm resulting The text of the bill is as follows: use policies. from the unauthorized access, use, disclo- H.R. 4257 ‘‘(4) INFORMATION SECURITY.—The term ‘in- sure, disruption, modification, or destruction Be it enacted by the Senate and House of Rep- formation security’ means protecting infor- of— resentatives of the United States of America in mation and information systems from unau- ‘‘(A) information collected or maintained Congress assembled, thorized access, use, disclosure, disruption, by or on behalf of an agency; or ‘‘(B) information systems used or operated SECTION 1. SHORT TITLE. modification, or destruction in order to pro- by an agency or by a contractor of an agency This Act may be cited as the ‘‘Federal In- vide— or other organization on behalf of an agency; formation Security Amendments Act of ‘‘(A) integrity, which means guarding ‘‘(3) coordinating the development of 2012’’. against improper information modification standards and guidelines under section 20 of SEC. 2. COORDINATION OF FEDERAL INFORMA- or destruction, and includes ensuring infor- mation nonrepudiation and authenticity; the National Institute of Standards and TION POLICY. Technology Act (15 U.S.C. 278g-3) with agen- Chapter 35 of title 44, United States Code, ‘‘(B) confidentiality, which means pre- serving authorized restrictions on access and cies and offices operating or exercising con- is amended by striking subchapters II and III trol of national security systems (including disclosure, including means for protecting and inserting the following: the National Security Agency) to assure, to personal privacy and proprietary informa- ‘‘SUBCHAPTER II—INFORMATION the maximum extent feasible, that such tion; and SECURITY standards and guidelines are complementary ‘‘(C) availability, which means ensuring ‘‘§ 3551. Purposes with standards and guidelines developed for timely and reliable access to and use of in- national security systems; ‘‘The purposes of this subchapter are to— formation. ‘‘(4) overseeing agency compliance with ‘‘(1) provide a comprehensive framework ‘‘(5) INFORMATION SYSTEM.—The term ‘in- the requirements of this subchapter, includ- for ensuring the effectiveness of information formation system’ means a discrete set of in- ing through any authorized action under sec- security controls over information resources formation resources organized for the collec- that support Federal operations and assets; tion 11303 of title 40, to enforce account- tion, processing, maintenance, use, sharing, ability for compliance with such require- ‘‘(2) recognize the highly networked nature dissemination, or disposition of information of the current Federal computing environ- ments; and includes— ‘‘(5) reviewing at least annually, and ap- ment and provide effective Governmentwide ‘‘(A) computers and computer networks; management and oversight of the related in- proving or disapproving, agency information ‘‘(B) ancillary equipment; security programs required under section formation security risks, including coordina- ‘‘(C) software, firmware, and related proce- tion of information security efforts through- 3554(b); dures; ‘‘(6) coordinating information security out the civilian, national security, and law ‘‘(D) services, including support services; enforcement communities assets; policies and procedures with related infor- and mation resources management policies and ‘‘(3) provide for development and mainte- ‘‘(E) related resources. nance of minimum controls required to pro- procedures; ‘‘(6) INFORMATION TECHNOLOGY.—The term ‘‘(7) overseeing the operation of the Fed- tect Federal information and information ‘information technology’ has the meaning systems; eral information security incident center re- given that term in section 11101 of title 40. quired under section 3555; and ‘‘(4) provide a mechanism for improved ‘‘(7) NATIONAL SECURITY SYSTEM.— oversight of Federal agency information se- ‘‘(8) reporting to Congress no later than ‘‘(A) DEFINITION.—The term ‘national secu- March 1 of each year on agency compliance curity programs and systems through a focus rity system’ means any information system on automated and continuous monitoring of with the requirements of this subchapter, in- (including any telecommunications system) cluding— agency information systems and regular used or operated by an agency or by a con- threat assessments; ‘‘(A) an assessment of the development, tractor of an agency, or other organization promulgation, and adoption of, and compli- ‘‘(5) acknowledge that commercially devel- on behalf of an agency— ance with, standards developed under section oped information security products offer ad- ‘‘(i) the function, operation, or use of 20 of the National Institute of Standards and vanced, dynamic, robust, and effective infor- which— Technology Act (15 U.S.C. 278g-3) and pro- mation security solutions, reflecting market ‘‘(I) involves intelligence activities; mulgated under section 11331 of title 40; solutions for the protection of critical infor- ‘‘(II) involves cryptologic activities related ‘‘(B) significant deficiencies in agency in- mation systems important to the national to national security; formation security practices; defense and economic security of the Nation ‘‘(III) involves command and control of ‘‘(C) planned remedial action to address that are designed, built, and operated by the military forces; such deficiencies; and private sector; and ‘‘(IV) involves equipment that is an inte- ‘‘(D) a summary of, and the views of the ‘‘(6) recognize that the selection of specific gral part of a weapon or weapons system; or Director on, the report prepared by the Na- technical hardware and software information ‘‘(V) subject to subparagraph (B), is crit- tional Institute of Standards and Technology security solutions should be left to indi- ical to the direct fulfillment of military or under section 20(d)(10) of the National Insti- vidual agencies from among commercially intelligence missions; or tute of Standards and Technology Act (15 developed products. ‘‘(ii) is protected at all times by procedures U.S.C. 278g-3). ‘‘§ 3552. Definitions established for information that have been ‘‘(b) NATIONAL SECURITY SYSTEMS.—Except ‘‘(a) SECTION 3502 DEFINITIONS.—Except as specifically authorized under criteria estab- for the authorities described in paragraphs provided under subsection (b), the definitions lished by an Executive order or an Act of (4) and (8) of subsection (a), the authorities under section 3502 shall apply to this sub- Congress to be kept classified in the interest of the Director under this section shall not chapter. of national defense or foreign policy. apply to national security systems.

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‘‘(c) DEPARTMENT OF DEFENSE AND CENTRAL thorized access, use, disclosure, disruption, assist the agency in complying with the re- INTELLIGENCE AGENCY SYSTEMS.—(1) The au- modification, or destruction of such informa- quirements of this subchapter, other applica- thorities of the Director described in para- tion or information system; ble laws, and related policies, procedures, graphs (1) and (2) of subsection (a) shall be ‘‘(B) determining the levels of information standards, and guidelines; delegated to the Secretary of Defense in the security appropriate to protect such infor- ‘‘(5) ensure that the Chief Information Se- case of systems described in paragraph (2) mation and information systems in accord- curity Officer, in consultation with other and to the Director of Central Intelligence in ance with policies, principles, standards, and senior agency officials, reports periodically, the case of systems described in paragraph guidelines promulgated under section 11331 but not less than annually, to the agency (3). of title 40 and section 20 of the National In- head on— ‘‘(2) The systems described in this para- stitute of Standards and Technology Act (15 ‘‘(A) the effectiveness of the agency infor- graph are systems that are operated by the U.S.C. 278g–3) for information security clas- mation security program; Department of Defense, a contractor of the sifications and related requirements; ‘‘(B) information derived from automated Department of Defense, or another entity on ‘‘(C) implementing policies and procedures and continuous monitoring, when possible, behalf of the Department of Defense that to cost effectively reduce risks to an accept- and threat assessments; and processes any information the unauthorized able level; ‘‘(C) the progress of remedial actions; access, use, disclosure, disruption, modifica- ‘‘(D) with a frequency sufficient to support ‘‘(6) ensure that the Chief Information Se- tion, or destruction of which would have a risk-based security decisions, testing and curity Officer possesses the necessary quali- debilitating impact on the mission of the De- evaluating information security controls and fications, including education, training, ex- partment of Defense. techniques to ensure that such controls and perience, and the security clearance required ‘‘(3) The systems described in this para- techniques are effectively implemented and to administer the functions described under graph are systems that are operated by the operated; and this subchapter; and has information secu- Central Intelligence Agency, a contractor of ‘‘(E) with a frequency sufficient to support rity duties as the primary duty of that offi- the Central Intelligence Agency, or another risk-based security decisions, conducting cial; and entity on behalf of the Central Intelligence threat assessments by monitoring informa- ‘‘(7) ensure that components of that agency Agency that processes any information the tion systems, identifying potential system establish and maintain an automated report- unauthorized access, use, disclosure, disrup- vulnerabilities, and reporting security inci- ing mechanism that allows the Chief Infor- tion, modification, or destruction of which dents in accordance with paragraph (3)(A)(v); mation Security Officer with responsibility would have a debilitating impact on the mis- ‘‘(3) delegate to the Chief Information Offi- for the entire agency, and all components sion of the Central Intelligence Agency. cer or equivalent (or a senior agency official thereof, to implement, monitor, and hold ‘‘§ 3554. Agency responsibilities who reports to the Chief Information Officer senior agency officers accountable for the ‘‘(a) IN GENERAL.—The head of each agency or equivalent), who is designated as the implementation of appropriate security poli- shall— ‘Chief Information Security Officer’, the au- cies, procedures, and controls of agency com- ‘‘(1) be responsible for— thority and primary responsibility to de- ponents. ‘‘(A) providing information security pro- velop, implement, and oversee an agency- ‘‘(b) AGENCY PROGRAM.—Each agency shall tections commensurate with the risk and wide information security program to ensure develop, document, and implement an agen- magnitude of the harm resulting from unau- and enforce compliance with the require- cywide information security program, ap- thorized access, use, disclosure, disruption, ments imposed on the agency under this sub- proved by the Director and consistent with modification, or destruction of— chapter, including— components across and within agencies, to ‘‘(i) information collected or maintained ‘‘(A) overseeing the establishment and provide information security for the infor- by or on behalf of the agency; and maintenance of a security operations capa- mation and information systems that sup- ‘‘(ii) information systems used or operated bility that through automated and contin- port the operations and assets of the agency, by an agency or by a contractor of an agency uous monitoring, when possible, can— including those provided or managed by an- or other organization on behalf of an agency; ‘‘(i) detect, report, respond to, contain, and other agency, contractor, or other source, ‘‘(B) complying with the requirements of mitigate incidents that impair information that includes— this subchapter and related policies, proce- security and agency information systems, in ‘‘(1) automated and continuous moni- dures, standards, and guidelines, including— accordance with policy provided by the Di- toring, when possible, of the risk and mag- ‘‘(i) information security standards and rector; nitude of the harm that could result from guidelines promulgated under section 11331 ‘‘(ii) commensurate with the risk to infor- the disruption or unauthorized access, use, of title 40 and section 20 of the National In- mation security, monitor and mitigate the disclosure, modification, or destruction of stitute of Standards and Technology Act (15 vulnerabilities of every information system information and information systems that U.S.C. 278g–3); within the agency; support the operations and assets of the ‘‘(ii) information security standards and ‘‘(iii) continually evaluate risks posed to agency; guidelines for national security systems information collected or maintained by or on ‘‘(2) consistent with guidance developed issued in accordance with law and as di- behalf of the agency and information sys- under section 11331 of title 40, vulnerability rected by the President; and tems and hold senior agency officials ac- assessments and penetration tests commen- ‘‘(iii) ensuring the standards implemented countable for ensuring information security; surate with the risk posed to agency infor- for information systems and national secu- ‘‘(iv) collaborate with the Director and ap- mation systems; rity systems of the agency are complemen- propriate public and private sector security ‘‘(3) policies and procedures that— tary and uniform, to the extent practicable; operations centers to detect, report, respond ‘‘(A) cost effectively reduce information ‘‘(C) ensuring that information security to, contain, and mitigate incidents that im- security risks to an acceptable level; management processes are integrated with pact the security of information and infor- ‘‘(B) ensure compliance with— agency strategic and operational planning mation systems that extend beyond the con- ‘‘(i) the requirements of this subchapter; and budget processes, including policies, pro- trol of the agency; and ‘‘(ii) policies and procedures as may be pre- cedures, and practices described in sub- ‘‘(v) report any incident described under scribed by the Director, and information se- section (c)(2); clauses (i) and (ii) to the Federal informa- curity standards promulgated pursuant to ‘‘(D) as appropriate, maintaining secure fa- tion security incident center, to other appro- section 11331 of title 40; cilities that have the capability of accessing, priate security operations centers, and to ‘‘(iii) minimally acceptable system con- sending, receiving, and storing classified in- the Inspector General of the agency, to the figuration requirements, as determined by formation; extent practicable, within 24 hours after dis- the Director; and ‘‘(E) maintaining a sufficient number of covery of the incident, but no later than 48 ‘‘(iv) any other applicable requirements, personnel with security clearances, at the hours after such discovery; including— appropriate levels, to access, send, receive ‘‘(B) developing, maintaining, and over- ‘‘(I) standards and guidelines for national and analyze classified information to carry seeing an agencywide information security security systems issued in accordance with out the responsibilities of this subchapter; program as required by subsection (b); law and as directed by the President; and and ‘‘(C) developing, maintaining, and over- ‘‘(II) the National Institute of Standards ‘‘(F) ensuring that information security seeing information security policies, proce- and Technology standards and guidance; performance indicators and measures are in- dures, and control techniques to address all ‘‘(C) develop, maintain, and oversee infor- cluded in the annual performance evalua- applicable requirements, including those mation security policies, procedures, and tions of all managers, senior managers, sen- issued under section 11331 of title 40; control techniques to address all applicable ior executive service personnel, and political ‘‘(D) training and overseeing personnel requirements, including those promulgated appointees; with significant responsibilities for informa- pursuant section 11331 of title 40; and ‘‘(2) ensure that senior agency officials pro- tion security with respect to such respon- ‘‘(D) ensure the oversight and training of vide information security for the informa- sibilities; and personnel with significant responsibilities tion and information systems that support ‘‘(E) assisting senior agency officials con- for information security with respect to such the operations and assets under their con- cerning their responsibilities under para- responsibilities; trol, including through— graph (2); ‘‘(4) with a frequency sufficient to support ‘‘(A) assessing the risk and magnitude of ‘‘(4) ensure that the agency has a sufficient risk-based security decisions, automated and the harm that could result from the unau- number of trained and cleared personnel to continuous monitoring, when possible, for

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Federal information security incident (2) Section 2222(j)(5) of title 10, United and compliance of information security poli- center States Code, is amended by striking ‘‘section cies, procedures, and practices, including— ‘‘(a) IN GENERAL.—The Director shall en- 3542(b)(2)’’ and inserting ‘‘section 3552(b)’’. ‘‘(A) controls of every information system sure the operation of a central Federal infor- (3) Section 2223(c)(3) of title 10, United identified in the inventory required under mation security incident center to— States Code, is amended, by striking ‘‘sec- section 3505(c); and ‘‘(1) provide timely technical assistance to tion 3542(b)(2)’’ and inserting ‘‘section ‘‘(B) controls relied on for an evaluation operators of agency information systems re- 3552(b)’’. under this section; garding security incidents, including guid- (4) Section 2315 of title 10, United States ‘‘(5) a process for planning, implementing, ance on detecting and handling information Code, is amended by striking ‘‘section evaluating, and documenting remedial ac- security incidents; 3542(b)(2)’’ and inserting ‘‘section 3552(b)’’. tion to address any deficiencies in the infor- ‘‘(2) compile and analyze information (5) Section 20 of the National Institute of mation security policies, procedures, and about incidents that threaten information Standards and Technology Act (15 U.S.C. practices of the agency; security; 278g–3) is amended— ‘‘(6) with a frequency sufficient to support ‘‘(3) inform operators of agency informa- (A) in subsections (a)(2) and (e)(5), by strik- risk-based security decisions, automated and tion systems about current and potential in- ing ‘‘section 3532(b)(2)’’ and inserting ‘‘sec- continuous monitoring, when possible, for formation security threats, and tion 3552(b)’’; and detecting, reporting, and responding to secu- vulnerabilities; and (B) in subsection (e)(2), by striking ‘‘sec- rity incidents, consistent with standards and ‘‘(4) consult with the National Institute of tion 3532(1)’’ and inserting ‘‘section 3552(b)’’. guidelines issued by the National Institute of Standards and Technology, agencies or of- (6) Section 8(d)(1) of the Cyber Security Re- Standards and Technology, including— fices operating or exercising control of na- search and Development Act (15 U.S.C. ‘‘(A) mitigating risks associated with such tional security systems (including the Na- 7406(d)(1)) is amended by striking ‘‘section incidents before substantial damage is done; tional Security Agency), and such other 3534(b)’’ and inserting ‘‘section 3554(b)’’. ‘‘(B) notifying and consulting with the agencies or offices in accordance with law SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. Federal information security incident center and as directed by the President regarding No additional funds are authorized to carry and other appropriate security operations re- information security incidents and related out the requirements of section 3554 of title sponse centers; and matters. 44, United States Code, as amended by sec- ‘‘(C) notifying and consulting with, as ap- ‘‘(b) NATIONAL SECURITY SYSTEMS.—Each tion 2 of this Act. Such requirements shall propriate— agency operating or exercising control of a be carried out using amounts otherwise au- ‘‘(i) law enforcement agencies and relevant national security system shall share infor- thorized or appropriated. Offices of Inspectors General; and mation about information security inci- SEC. 5. EFFECTIVE DATE. ‘‘(ii) any other agency, office, or entity, in dents, threats, and vulnerabilities with the This Act (including the amendments made accordance with law or as directed by the Federal information security incident center by this Act) shall take effect 30 days after President; and to the extent consistent with standards and the date of the enactment of this Act. ‘‘(7) plans and procedures to ensure con- guidelines for national security systems, issued in accordance with law and as di- The SPEAKER pro tempore. Pursu- tinuity of operations for information sys- ant to the rule, the gentleman from tems that support the operations and assets rected by the President. California (Mr. ISSA) and the gen- of the agency. ‘‘(c) REVIEW AND APPROVAL.—The Director shall review and approve the policies, proce- tleman from Maryland (Mr. CUMMINGS) ‘‘(c) AGENCY REPORTING.—Each agency dures, and guidance established in this sub- each will control 20 minutes. shall— chapter to ensure that the incident center The Chair recognizes the gentleman ‘‘(1) submit an annual report on the ade- has the capability to effectively and effi- from California. quacy and effectiveness of information secu- ciently detect, correlate, respond to, con- rity policies, procedures, and practices, and tain, mitigate, and remediate incidents that GENERAL LEAVE compliance with the requirements of this impair the adequate security of the informa- Mr. ISSA. Madam Speaker, I ask subchapter, including compliance with each tion systems of more than one agency. To unanimous consent that all Members requirement of subsection (b) to— the extent practicable, the capability shall may have 5 legislative days within ‘‘(A) the Director; be continuous and technically automated. which to revise and extend their re- ‘‘(B) the Committee on Homeland Security ‘‘§ 3556. National security systems marks and include extraneous material and Governmental Affairs of the Senate; ‘‘The head of each agency operating or ex- on the bill under consideration. ‘‘(C) the Committee on Oversight and Gov- ercising control of a national security sys- The SPEAKER pro tempore. Is there ernment Reform of the House of Representa- tem shall be responsible for ensuring that tives; objection to the request of the gen- the agency— tleman from California? ‘‘(D) other appropriate authorization and ‘‘(1) provides information security protec- appropriations committees of Congress; and tions commensurate with the risk and mag- There was no objection. ‘‘(E) the Comptroller General; nitude of the harm resulting from the unau- Mr. ISSA. Madam Speaker, I yield ‘‘(2) address the adequacy and effectiveness thorized access, use, disclosure, disruption, myself such time as I may consume. of information security policies, procedures, modification, or destruction of the informa- Madam Speaker, cybersecurity and practices in plans and reports relating tion contained in such system; threats represent one of the most seri- to— ‘‘(2) implements information security poli- ous national security and economic ‘‘(A) annual agency budgets; cies and practices as required by standards challenges we face as a Nation. Wheth- ‘‘(B) information resources management of and guidelines for national security systems, this subchapter; er it’s criminal hackers, organized issued in accordance with law and as di- crime, terrorist networks or national ‘‘(C) information technology management rected by the President; and under this chapter; ‘‘(3) complies with the requirements of this states, our Nation is under siege from ‘‘(D) program performance under sections subchapter.’’. dangerous cybersecurity threats that 1105 and 1115 through 1119 of title 31, and sec- SEC. 3. TECHNICAL AND CONFORMING AMEND- grow daily in frequency and sophistica- tions 2801 and 2805 of title 39; MENTS. tion. ‘‘(E) financial management under chapter 9 (a) TABLE OF SECTIONS IN TITLE 44.—The of title 31, and the Chief Financial Officers table of sections for chapter 35 of title 44, b 1840 Act of 1990 (31 U.S.C. 501 note; Public Law United States Code, is amended by striking It is critical that the Federal Govern- 101–576); the matter relating to subchapters II and III ment address cybersecurity threats in ‘‘(F) financial management systems under and inserting the following: a manner that keeps pace with the Na- the Federal Financial Management Improve- ‘‘SUBCHAPTER II—INFORMATION SECURITY ment Act of 1996 (31 U.S.C. 3512 note); and tion’s growing dependence on tech- ‘‘Sec. ‘‘(G) internal accounting and administra- nology. The President himself recently ‘‘3551. Purposes. stated: ‘‘Cybersecurity is a challenge tive controls under section 3512 of title 31; ‘‘3552. Definitions. and ‘‘3553. Authority and functions of the Direc- that we as a government or as a coun- ‘‘(3) report any significant deficiency in a tor. try are not adequately prepared to policy, procedure, or practice identified ‘‘3554. Agency responsibilities. counter.’’ under paragraph (1) or (2)— ‘‘3555. Federal information security incident Madam Speaker, it is essential that ‘‘(A) as a material weakness in reporting center. we, in fact, change that here today. under section 3512 of title 31; and ‘‘3556. National security systems.’’. Current law does not adequately ad- ‘‘(B) if relating to financial management (b) OTHER REFERENCES.— systems, as an instance of a lack of substan- (1) Section 1001(c)(1)(A) of the Homeland dress the nature of today’s cybersecu- tial compliance under the Federal Financial Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) is rity threats. Since the enactment in Management Improvement Act of 1996 (31 amended by striking ‘‘section 3532(3)’’ and in- 2002 of the Federal Information Secu- U.S.C. 3512 note). serting ‘‘section 3552(b)’’. rity Management Act, or FISMA, it

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.052 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2190 CONGRESSIONAL RECORD — HOUSE April 26, 2012 has become a check-the-box compli- our Federal information systems a par- I want to thank Chairman ISSA and ance activity that all too often has lit- tisan issue and that securing our Na- appreciate the work of him and the tle to do with minimizing security tion against a cyberattack is an issue ranking member, Mr. CUMMINGS, and threats, and yet the Government Ac- that transcends any party lines. This their staff on this legislation, which I countability Office recently found that bill is evidence of the good work that think is a thoughtful, bipartisan up- security incidents among 24 key agen- we can do when we work together to date to an information security bill ac- cies increased more than 650 percent address an important issue like cyber- tually written by my predecessor and during the last 5 years. security. the chairman’s, Tom Davis of Virginia. To address the rising challenge posed Not only does this bill enjoy bipar- The FISMA Amendments Act transi- by cyberthreats, Ranking Member tisan support, but it is noncontrover- tions from compliance to performance CUMMINGS and I introduced H.R. 4257, sial. Last week, the bill was marked up metrics to address major shortcomings the Federal Information Security in committee and passed on a voice in Federal agency cybersecurity imple- Amendments Act of 2012. The bill aims vote. The only amendments considered mentation. Of course, when considering to harness the last decade of techno- made constructive changes to the bill the performance of Federal agencies, logical innovation in securing the Fed- that were recommended by the Na- it’s a natural extension to question the eral information systems. It amends tional Institute of Standards and Tech- relationship between the executive FISMA to move beyond the check-the- nology and the Government Account- branch and those agencies and the rela- box compliance mentality. It enhances ability Office. These changes enjoyed tionship among technology and cyber- the current framework for securing universal support in committee. security-related positions within the Federal information technology sys- This legislation will ensure that Fed- executive branch. tems. eral agencies use a risk-based approach I appreciate President Obama’s focus Our bill calls for automated and con- to defend against cyberattacks and on technology, particularly the chief tinuous monitoring of government in- protect government information from information officer’s 25-point plan, but formation systems. And it ensures that being compromised by our adversaries. I’m concerned that the current ad hoc control monitoring finally incor- The bill would make key changes to nature of the CIO, CTO, and Cybersecu- porates regular threat assessment help protect our Federal information rity coordinator could create certain and—Madam Speaker, this is the most systems from cyberattacks. It would risk and continuity of operations chal- important part of what we do—contin- shift the Federal Government to a sys- lenges when we look out to further ad- uous monitoring and constant threat tem of continuous monitoring of infor- ministrations. I would ask Chairman assessments so that never again will mation systems, streamline reporting ISSA if he shares those concerns. we find that the incidents are going up requirements, and ensure that agencies I yield to the gentleman from Cali- double digits every month in some take a smart, risk-based approach to fornia. cases. securing networks. Mr. ISSA. I thank the gentleman. I The bill also reaffirms the role of the This bill will continue to authorize do share those concerns and appreciate Office of Management and Budget, or the Office of Management and Budget the gentleman’s work on this. OMB, with respect to FISMA, recog- to set Federal policy for information Proper organization of the executive nizing that the budgetary leverage of security. This is important because we branch is essential to the successful the Executive Office of the President is need to hold all agencies accountable long-term management of technology, necessary to ensure agencies are fo- for developing appropriate standards and particularly cybersecurity. cused on effective security of its IT and living up to them. However, noth- This policy is going to require addi- systems. ing in this bill would prevent the De- tional work. FISMA is not the end but, While our bill does not include new partment of Homeland Security from in fact, a starting point; and I look for- requirements, restrictions, or man- continuing the great work it is doing ward to working with the gentleman to dates on private or non-Federal com- to protect our Nation against potential make sure that as we work with the ex- puter systems, H.R. 4257 does highlight cyberattacks. ecutive branch, including OMB, that the need for stronger public-private The Department has dramatically ex- we get it right and we keep the focus partnerships. Through our Web site, panded its cybersecurity workforce, where it needs to be on all the agencies keepthewebopen.com, our bill has been and it has built the National Cyberse- and bringing them together. vetted by the American people. It has curity and Communications Integra- Mr. CONNOLLY of Virginia. Madam also received strong support from cy- tion Center to serve as Federal Govern- Speaker, I thank the chairman and bersecurity experts and industry, in- ment’s cybersecurity command center. look forward to working with him and cluding the Information Technology This command center is a vital part of the ranking member, as well as Mr. Industry Council and the Business our efforts to protect Federal informa- LANGEVIN of Rhode Island, who has Software Alliance. tion systems. been a leader on this subject, to ad- I’d like to thank my ranking mem- Earlier this month, the head of U.S. vance legislation that will address ex- ber, Mr. CUMMINGS, for a one-on-one Cyber Command, General Keith Alex- ecutive branch organization in the con- equal partnership with me in the ef- ander, testified that securing our Na- text of cybersecurity. With the right forts to address the growing threat for tion against cyberthreats is one of our framework, I believe the current and cybersecurity. He has led the way on biggest national security challenges. future administrations will be able to his side of the aisle, and I have been Securing our Federal information sys- more efficiently implement these honored to serve on my side. We have tems is a critical component of ad- FISMA reforms and other related legis- encouraged all Members to support this dressing this challenge, and I urge my lation. Given its jurisdiction, the Over- timely legislation. We recognize that colleagues to join me and our chairman sight and Government Reform Com- some things are too important to be in supporting this legislation. mittee is the appropriate venue to de- partisan. This certainly is one of them. With that, Madam Speaker, I reserve velop such legislation, and I look for- I reserve the balance of my time. the balance of my time. ward to working with the committee Mr. CUMMINGS. Madam Speaker, I Mr. ISSA. Madam Speaker, we have a chair and ranking member to advance yield myself such time as I may con- speaker on the other side for a col- it. sume. loquy, so I’d reserve at this time to Madam Speaker, first of all, I’d like allow him to go next. b 1850 to express my appreciation to the Mr. CUMMINGS. I want to thank the Mr. CUMMINGS. Madam Speaker, I chairman of our committee for his kind gentleman. yield 3 minutes to the gentleman from words and for his cooperation. I start Madam Speaker, I yield 3 minutes to Rhode Island (Mr. LANGEVIN). by thanking him for working with me the gentleman from Virginia (Mr. CON- Mr. LANGEVIN. I thank the gen- and my staff to make this a bipartisan NOLLY). tleman for yielding. effort, and it is truly a bipartisan ef- Mr. CONNOLLY of Virginia. I thank Madam Speaker, I rise to engage in a fort. From the beginning, we agreed my friend from Maryland, the distin- colloquy with my colleague and friend, that we did not want to make securing guished ranking member. the chairman of the Committee on

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.117 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2191 Oversight and Government Reform, Mr. been so involved and thoughtful on this cuses these efforts upon the Director of ISSA. issue. OMB. I’d first like to thank the chairman I believe that such legislation should By really putting the focal point on for his hard work. His efforts to update include strong, centralized oversight to the executive branch within the White the Federal Information Security Man- protect our Nation’s critical infra- House, you will get a much better re- agement Act have been commendably structure, including budgetary over- sponse, because everything, from the inclusive and bipartisan, and I want to sight powers, while remaining account- Bureau of Indian Affairs to the Depart- thank him and his staff, as well as Mr. able to Congress. ment of Defense and everywhere in be- CUMMINGS and Mr. CONNOLLY and their Mr. ISSA. I couldn’t agree with the tween, we have to make sure that our staff, for all the outreach and good gentleman more. Your work with our systems are updated because the threat faith negotiation that’s occurred dur- staff has been essential. I look forward is constant, it is real, it is 24/7. And ing the crafting of this legislation. to doing exactly that, and I think we without these updates, without the There can be no question that the have to have that ongoing effort to get constant monitoring, without these FISMA reform language before the to there. types of things, we will be doing a dis- House today is both sorely needed and I saw the ranking member’s head also service to the American people, and we long overdue. To this end, together shaking. I know that we will both look will not be living up to the commit- with my good friend and our former forward to working with you on a bi- ment that we have to make sure that colleague, Ms. Watson, I introduced an partisan basis. these networks are as secure as they amendment that passed the House Mr. LANGEVIN. I thank the gen- possibly can be. overwhelmingly last Congress during tleman for that, and I look forward to This is something that will be with consideration of the FY 2011 National working with my good friend to ensure us, not just for the next 6 months, not Defense Authorization Act. that our Federal Government is prop- just for the next year, but for the fore- That amendment, which was, unfor- erly addressing this critically impor- seeable future. And Madam Speaker, tunately, stripped out during con- tant issue. that’s why I’m so enthusiastic about ference with the Senate, would have Mr. ISSA. Madam Speaker, I yield 3 this bill. I appreciate the bipartisan na- made important updates to FISMA, in minutes to my colleague and the gen- ture in which it was done. And I cer- addition to establishing a National Of- tleman from Utah (Mr. CHAFFETZ), the tainly appreciate Chairman ISSA and fice for Cyberspace in the Executive Of- chairman of the subcommittee that has his leadership on this. I’m glad to be fice of the President. done so much on, in fact, cybersecu- part of it. Such an office has been recommended rity. I would encourage my colleagues to by the Obama administration’s 60–Day Mr. CHAFFETZ. Madam Speaker, I vote in favor of this bill. Cyberspace Policy Review, public-pri- appreciate Chairman ISSA and his fore- Mr. CUMMINGS. We don’t have any vate sector working groups such as the sight and leadership on this issue in additional speakers. I reserve the bal- CSIS Commission on Cybersecurity for driving this forward. This is so, so im- ance of my time. the 44th Presidency, which I cochaired portant to our country and our nation, Mr. ISSA. Madam Speaker, I yield 2 with my good friend, Mr. MCCAUL, and and for the Federal Government to op- minutes to the gentleman from Texas the GAO, as a response to security defi- erate properly. (Mr. THORNBERRY) who coordinated so ciencies throughout the Federal Gov- Madam Speaker, I also want to thank much of the work that we’re doing ernment. and recognize the ranking member, Mr. today from multiple committees. While I applaud my friend for deliv- CUMMINGS, his unparalleled support Mr. THORNBERRY. I thank Chair- ering on the need for FISMA reform, and need and just patriotism for what’s man ISSA for yielding. Madam Speaker, I’d like to ask the chairman if he gave good for this Nation, working together I want to commend the chairman and thought to such organizational changes in a bipartisan way. This is what I the ranking member for working to- within the executive branch and, in think the American people want, and gether and bringing this important bill particular, an organization like a Na- this is what they get in this bill. to the floor. tional Office for Cyberspace during the I also want to share the fact that cy- I also want to commend the gen- drafting of this legislation. bersecurity is a real threat. It’s a tleman from Utah (Mr. CHAFFETZ), who I yield to my friend. threat to the mom who’s got the com- was a member of our task force and, as Mr. ISSA. I thank the gentleman. puter sitting in there in the kitchen, the chairman noted, has done so much And yes, we did. Your leadership on cy- and the kids are going in every direc- work on this. bersecurity matters, including FISMA tion, to the most secure infrastructure Madam Speaker, this is an important reform, have been essential. we have in our Federal Government. It bill on cybersecurity. The FISMA law When you and I served on the Select is imperative that we get this right, be- passed in 2002 needs to be updated. The Intelligence Committee, I recognized cause everything from a guy in a van growth in the number and sophistica- that you put more time and effort into down by the river to nation-states, our tion of the threats has not been the behind-the-door work than any of country is under a constant bombard- matched by our response, and so laws us. And, in fact, you and I share some ment and attack, for our intellectual and policies are increasingly outdated of the challenges that we faced with property, to trade secrets, to what’s and not able to keep up with the the DNI and other earlier organiza- going on in this government. threats faced by Federal networks as tions. And while this is focused on what our well as private sector networks. But I share with you that your sug- government is doing and how it’s orga- And this bill requires continuous gestions on how we can, in fact, find nized, it updates the law so that we monitoring, as you have heard. The single-point accountability in future have the right provisions at the right threat is dynamic. It changes. It legislation, in concert with this admin- place, and we’re doing the right things. doesn’t work anymore to just check a istration, is essential. I look forward to We have to be vigilant as a people. So box and say, I’ve done this. You have to working with you on exactly that. I this is focused, not—it doesn’t give a have that continuous monitoring of know of no other partner I could have new mandate. There’s no new mandate what’s happening within your net- on the other side of the aisle that is upon the American people. There’s no works. That’s important for defense of more prepared to do it, and I thank the mandate upon businesses. the Federal Government, but it’s also gentleman. What this does is get the structure important to be an example for the rest Mr. LANGEVIN. I thank the gen- for what should happen in the Federal of the country. And in cybersecurity, it tleman for that. In that spirit, I’d like Government right, and updating and seems to me, it’s particularly impor- to encourage the gentleman to con- doing things like continuous moni- tant for the Federal Government to tinue in this open and bipartisan fash- toring, vulnerability assessments and lead by example. ion. I’d like to ask if you would be in- penetration tests that are done within I also want to just say that this is an terested in working together on such the Federal Government. It requires a example of an issue, a part of cyberse- subsequent legislation, along with Mr. chief information security officer with- curity, on which everybody agrees CUMMINGS and Mr. CONNOLLY, who have in these different agencies, and it fo- needs to happen, and this committee

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.119 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2192 CONGRESSIONAL RECORD — HOUSE April 26, 2012 has brought a bipartisan answer. We ticularly, the public-private partner- ISSA) that the House suspend the rules cannot allow differences that may exist ships that this bill encourages and asks and pass the bill, H.R. 4257, as amend- between this body and the other body the Office of Management and Budget ed. on other cybersecurity issues prevent to assure occur, we are doing so, of The question was taken; and (two- us from taking action, getting some- course, in order to maintain a reliable thirds being in the affirmative) the thing accomplished on something that Internet; but much more importantly, rules were suspended and the bill, as everybody agrees on. the fundamentals of the very elec- amended, was passed. This is one of the things everybody tricity that powers the Internet must A motion to reconsider was laid on agrees needs to happen. Information- be maintained and protected. I believe the table. sharing, everybody agrees on. Research we’ve gone a long way today in the pas- f and development that we’ll have to- sage of this bill. I urge its passage. HATERS OF RELIGION morrow on the floor, everybody agrees I thank the gentleman from Mary- needs to happen. land for his leadership on this impor- (Mr. POE of Texas asked and was I appreciate the work of this com- tant matter. given permission to address the House mittee. It’s an important bill. It will I yield back the balance of my time. for 1 minute.) Mr. POE of Texas. Madam Speaker, help make the Nation more secure, as Mr. HALL. Madam Speaker, I would like to in the quiet town of Woonsocket, well as this government, and I hope all thank Chairman ISSA for the hard work that he Rhode Island, a 91-year-old memorial Members will support it. and the Committee on Oversight and Govern- honoring hometown soldiers stands tall Mr. ISSA. Madam Speaker, at this ment Reform has undertaken in the develop- outside a local fire station. A stone time I have no other speakers, and I’m ment of H.R. 4257, the Federal Information bottom statue with a cross on top im- prepared to close. Security Amendments Act of 2012. mortalizes the fallen heroes who sac- Mr. CUMMINGS. Madam Speaker, I This bill updates and improves the decade rificed so much for our country. For yield myself such time as I may con- old Federal Information Security and Manage- decades, the memorial has stood in the sume. ment Act (FISMA). FISMA currently requires Madam Speaker, I want to associate each Federal agency to develop, document, shadows of the fire station with no myself with all the words that have and implement an agency-wide program to complaints from local residents. But a group of out-of-towners, not been said by both sides this evening, provide information security for their systems. from Woonsocket, not even from Rhode because we understand that cybersecu- The Science, Space, and Technology Com- Island, but from 1,000 miles away in rity is so very, very important to our mittee receives annual FISMA reports from Wisconsin, have self-righteously ob- Nation. We often look back to 9/11 and each Federal agency. These reports detail the jected to the cross on top of the 91- we think about what happened in that management and security of each agency’s in- year-old memorial. The antireligious very short time, and how it disrupted formation technology resources, and the ac- hate group demands that the cross be our entire Nation, taking planes out of tions necessary to ensure the effectiveness of removed. They also demand that the the air, causing our world to at least the government’s information security policies. firefighters’ prayer and angel from the pause. The Science, Space, and Technology Com- mittee monitors these reports to review the cy- Woonsocket Fire Department Web site b 1900 bersecurity standards and guidelines that the be removed. Madam Speaker, the firefighter pray- We saw the damage that was done in National Institute of Standards and Tech- er asks God to give them ‘‘strength to a matter of a few minutes. nology sets for Federal information systems. save lives’’ and to protect the families Cybersecurity and the cyberthreat is These standards and guidelines are particu- of the firefighters. just as great, if not far greater, and can larly important because along with agency happen very, very quickly. A County officials will not succumb to use, the same standards and guidelines are the intimidation tactics of the bigoted cyberattack can take place very, very frequently adopted on a voluntary basis by quickly, and it is something that we group. The mayor has said he will not many organizations in the private sector. The remove the cross under any cir- must do everything in our power to Committee will continue to receive and review protect ourselves against. This bill cumstances because the Constitution these annual FISMA reports from Federal protects the free exercise of religion does not solve all the problems, but it agencies, and will provide continued oversight certainly leads us in the right direc- whether this hate group likes it or not. of NIST’s role in FISMA process. And that’s just the way it is. tion. H.R. 4257 takes an important step forward Again, I want to thank the chairman. in the protection of the government’s informa- f I want to thank everybody involved for tion technology resources by establishing a PAYCHECK FAIRNESS the bipartisan effort and for making mechanism for stronger oversight. The bill en- (Ms. BERKLEY asked and was given the security of our Nation our number sures implementation of new developments in permission to address the House for 1 one priority. technological innovation, including automated minute and to revise and extend her re- With that, I urge all of the Members and continuous monitoring of cybersecurity marks.) to vote for this bill, and I yield back threats as well as regular threat assessments. Ms. BERKLEY. Madam Speaker, it’s the balance of my time. Our Federal agencies depend on FISMA to hard to believe that in the 21st century Mr. ISSA. Madam Speaker, in clos- guide them to protect federal networks. Offi- women in Nevada are still making only ing, I urge all Members to support the cials are already working to integrate some of 83 cents for every dollar that a man passage of this bill, H.R. 4257, as the concepts proposed by H.R. 4257, such as makes. amended. I want to make one closing continuous monitoring, into the management What does that mean in real terms? statement. of information systems. I am encouraged that It means a difference of $7,326 a year. It Often we talk about cybersecurity, this bill will help agencies more easily comply is not fair. In most cases, working and people think just about the Inter- with the latest cybersecurity standards and women in Nevada are either the pri- net. We sit here in a room that is es- guidelines set forth by NIST. mary or the sole breadwinners of their sentially windowless. I’ve been in this H.R. 4257 is a good bill that represents an- families. room when the lights are out. It is other critical piece in Congress’s overall efforts That’s why I’m calling on the Speak- very, very dark. We would have a hard to address the Nation’s cybersecurity needs. er to follow the Senate’s lead and to time finding our way out. Yet the very There are additional tweaks that could make schedule a vote on the Paycheck Fair- essence of keeping the grid up requires the bill even better, and I look forward to work- ness Act, which is legislation that will computers to talk to each other. Our ing with Mr. ISSA as the bill moves through the help close the unacceptable wage gap phone systems, our lights, our power, process to address remaining issues to our between men and women in this coun- our sewage, our water all depend today mutual satisfaction. try. Unfortunately, far too many in the on interoperable computer systems I support the passage of H.R. 4257 and en- House and the Senate are still living in that span the entire country and, in courage my colleagues to do the same. the Dark Ages when it comes to basic many cases, the entire world. The SPEAKER pro tempore. The fairness for women. So, as people realize the government- question is on the motion offered by Women in Nevada are still shaking to-government relationship and, par- the gentleman from California (Mr. their heads in disbelief that in the year

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.120 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2193 2012 one of the major debates in this As your newest mountain you were about to mental Protection Agency, the EPA. Congress has been whether to restrict climb! The more we learn about the EPA, the access to birth control, and now there Because, Cody you Volunteered for that more we learn that they are hostile to are those in the House and Senate who fight! real American energy for various rea- Yea Cody, because you’re from Tennessee have voted time and time again against where men with brave hearts ever burn sons. Let me give you some historical enforcing equal pay for equal work. bright! perspective that makes this continuous It is time for this Congress to join Who, In Strength In Honor do so believe! assault on the oil and gas industry the rest of us in the 21st century. Let’s Where them and their families are as strong make sense to us now in 2012. get the paycheck fairness bill on the as Hickory trees! It seems that back in 2010, 2 years floor, and let’s vote ‘‘yes.’’ And all in our Country Tis of Thee, they do ago, EPA Region 6 Administrator Al f so believe! Armendariz stood up on his bureau- This Volunteer from Tennessee! cratic pedestal of power and spelled out IN HONOR OF LANCE CORPORAL As yes you have lost your two strong fine CODY EVANS legs, but you won’t moan and you the true intentions that he had and the won’t beg! goals of the EPA. He declared that the (Mr. FLEISCHMANN asked and was EPA—and he declared this from his given permission to address the House Because, that’s just The Volunteer all in you! marble palace here in Washington, for 1 minute.) In fact Andrew Jackson Cody, would be so D.C.—that the EPA would target the Mr. FLEISCHMANN. Madam Speak- proud of you! oil and gas industry, calling it an ‘‘en- er, I rise today to honor an outstanding All because of what upon the battlefield of forcement priority’’ as if, Madam young man from my district who I’ve honor, into what you so grew. . . Speaker, the oil and gas industry were recently had the pleasure of getting to For surely Cody you had one of the toughest made up of criminals. know. Lance Corporal Cody Evans of jobs of that war. . . He went on: Speedwell, Tennessee, serves in the As a Combat Engineer, where every new step United States Marine Corps as a com- meant but death for sure! I was in a meeting once, and I gave an bat engineer, one of the most dan- Something that so demanded such faith and analogy to my staff about my philosophy of nerves of steel! enforcement, and I think it was probably a gerous jobs in the military. As you and your brothers so fought and died little crude and maybe not appropriate for While serving in Afghanistan, Lance for was right and what was real! the meeting, but I’ll go ahead and tell you Corporal Evans stepped on a pressure And still somehow on this very day, your what I said. plate while sweeping for IEDs, nearly strength and will to so come back from And here is what he said, Madam losing his life. He lost both legs and the dead so impresses me! Speaker: suffered numerous other injuries. I met To So Teach Us All! Lance Corporal Evans in January of To So Beseech Us All! It was kind of like how the Romans used to do—you know, conquer villages in the Medi- this year in a visit to Walter Reed. To To So Reach Us All! To This Our Nation To So Bless! terranean. They’d go into a little Turkish say that I was impressed by this young town somewhere. They’d find the first five man’s spirit and resilience would be an For you are but The Toast of Tennessee! But, in Heaven you need not arms or even guys they saw, and they’d crucify them. understatement. Cody has the spirit of legs! That’s right—they would crucify a fighter, a spirit that has led to his And that is where you are going Cody one them—as if he is advocating crucifying continued recovery. fine day! the oil and gas industry. What a thing No mention of Cody would be com- And if ever I had a son! to say from somebody who works for plete without mentioning his mother, I wish he could but shine just half as bright, the Federal Government. Regina, who has been with him con- as this great one! He said he would make examples out stantly. Her dedication to her son is in- This United States Marine! of the people in the oil and gas indus- credible. Who embodies the very heart of Tennessee! As a Nation, we must recognize those Who so Volunteered, all for this our Country try. Probably unknown to him, his who serve, who have the character and Tis of Thee! speech was all caught on videotape As you so Volunteered to make America Safe commitment to risk their lives so that that recently surfaced. In fact, it was and Free! on the Internet YouTube last night; we may sleep peacefully at home. Cody I could do a million great things, but such Evans deserves this recognition, which but today, mysteriously, it seems to light to this our world I could never have disappeared and is no longer on is why it is my honor to ask that this bring! poem penned by Albert Caswell be As you are a most magnificent United States YouTube. That was in 2010. placed into the CONGRESSIONAL Marine! These comments help us to under- RECORD. All in what your fine life has said, and so stand the EPA’s belligerent attitude I... means! against energy—American energy— I Volunteered. . . Moments are all we have to so make a dif- against the oil and gas industry. What But, to do my very best. . . ference in all we have! came after was one of the most aggres- As I so raised my hand like all of the rest! To bring our light, to fight the bad! sive assaults on the oil and gas indus- Patriots, who over the years our nation have Cody, to be an American. . . you make me so try we’ve ever seen. As a Wall Street so blessed! proud to be! For you are one of her greatest of all sons, Journal editorial once said, the EPA is As I so went off to war, but for the greater at war with Texas. I think the EPA good like all of the rest! Ooh. . . Rah, a Shining Son of Ten- Men of steel, whose hearts so chose to crest! nessee. . . probably should change their name to As Cody, you so watched your brothers die! If it were not for Heroes like you and Volun- the War Department because they are While, holding them in your arms as you teers, where would this nation be? at war with America’s energy. They began to cry. . . —By Albert Carey Caswell. certainly aren’t concerned as much And oh yes you Cody, you have so proudly f about the environment as they are worn. . . about putting American energy out of Those most magnificent shades of green, ENERGY ISSUES business. that uniform! The SPEAKER pro tempore. Under The oil and gas industry supports 9.2 Because, to be A United States Marine. . . you were born! the Speaker’s announced policy of Jan- million jobs in the United States. I For you’d much rather die for something, uary 5, 2011, the gentleman from Texas wonder how many of those workers Mr. than live for nothing at all! (Mr. POE) is recognized for 60 minutes Armendariz wants to crucify all in the As why Cody you so answered that most as the designee of the majority leader. name of his political agenda. noble of all calls! Mr. POE of Texas. Thank you, Madam Speaker, we need a fair EPA, That Call To Arms, That Call To War. . . Madam Speaker. one that brings a balanced approach to while standing tall! Tonight, I and other Members of the the environment and to our energy in- As you almost died, oh yes a couple of House are going to talk about energy dustry. An attack on the energy indus- times. . . While, there on the very edge of death you so issues in the United States. try is an attack, really, on the Amer- lie! Probably a timely thing to start with ican people and American jobs. Mr. As you could have given up, but instead you are the recent comments by one of the Armendariz seems to be at war with chose to rise. . . individuals who works for the Environ- America. He does not want to really

VerDate Mar 15 2010 06:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.123 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2194 CONGRESSIONAL RECORD — HOUSE April 26, 2012 help the oil and gas industry become That’s what these companies respond to is but to purchase gas, and it definitely cuts environmentally safe. It seems to me both their public image but also financial into our food budget. he wants to kill it, and the effort will pressure. So you put some financial pressure You see, Madam Speaker, west of the kill American jobs, kill our energy, and on a company, you get other people in that industry to clean up very quickly. Mississippi there are vast places, as the kill our national security. The former professor at Southern Meth- Speaker knows, where people roam and The video also shows he is not con- odist University is a diehard environ- live in the rural areas, and it takes cerned about real science, not about mentalist, having grown up in El Paso near them a long time to get from point A true environmental science or, really, a copper smelter that reportedly belched ar- to point B, especially when they’re the facts. He just hates the oil and gas senic-laced clouds into the air. (Here’s a pro- going to work sometimes, whether industry. So, Madam Speaker, he needs file of him in the Dallas Observer.) Texas they work on the ranch or whether Monthly called him one of the 25 most pow- to go. He needs to be replaced with they work in small towns in America. someone who cares more about the en- erful Texans, while the Houston Chronicle said he’s ‘‘the most feared environmentalist So, because of that greater distance, vironment than personal crusades in the state.’’ a lot of Americans don’t realize that against industry. Never mind that he couldn’t prove jack the only mode of transportation for b 1910 against Range. For a year and a half EPA some Americans is to drive a vehicle. bickered over the issue, both with Range and That’s how they get to work. They Madam Speaker, I would like to with the Texas Railroad Commission, which place in the RECORD the Forbes article regulates oil and gas drilling and did its own don’t drive subways. They don’t ride that was published today regarding the scientific study of Range’s wells and found bicycles. They don’t have the oppor- EPA official that I just mentioned. no evidence that they polluted anything. In tunity to walk to work because they [From Forbes, Apr. 26, 2012] recent months a federal judge slapped the live in the vastness of the West. EPA, decreeing that the agency was required EPA OFFICIAL NOT ONLY TOUTED I’ll continue: to actually do some scientific investigation Seventy percent of all business requires ‘CRUCIFYING’ OIL COMPANIES, HE TRIED IT of wells before penalizing the companies that people to have discretionary income that’s Confirming what many in the industry drilled them. Finally in March the EPA being siphoned off by higher gas, taxes, fees, long suspected, a video surfaced Wednesday withdrew its emergency order and a federal and it’s only getting worse because of high in which Al Armendariz, an official at the court dismissed the EPA’s case. Environmental Protection Agency, promotes David Porter, a commissioner on the Texas gasoline prices. the idea of crucifying oil companies. Railroad Commission, wasn’t impressed. Another says: Armendariz heads up the EPA’s region 6 of- ‘‘Today the EPA finally made a decision As a retiree, high gasoline prices affects fice, which is based in Dallas and responsible based on science and fact versus playing poli- everything I do. Travel, possible vacation for oversight of Texas and surrounding tics with the Texas economy. The EPA’s plans are no longer being discussed in our states. The former professor at Southern withdrawal of the emergency order against family. Anything I do is planned well so as Methodist University was appointed by Range Resources upholds the Railroad Com- President Obama in November 2009. to cut down on how much I drive. What I mission Final Order that I signed concluding buy, because it is priced so high in the In a talk to colleagues about methods of that Range is not responsible for any water EPA enforcement, Armendariz can be seen stores. The price in stores has tripled be- contamination in Parker County. Al cause stores are having to pay higher fuel saying, ‘‘The Romans used to conquer little Armendariz and the EPA’s Region Six office prices to get their products to market. villages in the Mediterranean. They’d go into are guilty of fear mongering, gross neg- a little Turkish town somewhere, they’d find ligence and severe mishandling of this case. Another one says: the first five guys they saw and they would I hope to see drastic changes made in the I drive for a living, and it hurts. crucify them. And then you know that town way the regional office conducts business in was really easy to manage for the next few the future—starting with the termination of Another Texan has written me and years.’’ Al Armendariz.’’ said: Range was among the first to discover the After an outcry emerged over the video on I drive 175 miles round trip to work every potential of the Marcellus Shale gas field of Wednesday, Armendariz apologized for his day. I work for the Corps of Engineers, and Pennsylvania—the biggest gas field in Amer- statements Wednesday night, reportedly say- the government doesn’t give me one red cent ica and one of the biggest in the world. ing: ‘‘I apologize to those I have offended and for gasoline. It costs me $900 a month for Armendariz’s office declared in an emer- regret my poor choice of words. It was an of- gasoline that I used to could use somewhere gency order that Range’s drilling activity fensive and inaccurate way to portray our ef- else. had contaminated groundwater in Parker forts to address potential violations of our County, Texas. Armendariz’s office insisted nation’s environmental laws. I am and have Amazing number: $900. In some cases, that Range’s hydraulic fracking activity had always been committed to fair and vigorous that’s how much people pay on the rent caused the pollution and ordered Range to enforcement of those laws.’’ on their house or an apartment. Yet we remediate the water. The EPA’s case against He ought to resign as well. His comments have one American doing his job work- Range was catnip for the environmental in the video are proof that facts and science ing for the people of this country fracktivists who insist with religious zeal- don’t matter to him, that he’s already made otry that fracking is evil. Range insisted spending that much money just on gas- up his mind that the industry he has regu- oline. from the beginning that there was no sub- latory power over is evil. When you lose stance to the allegations. faith in the impartiality of regulators every Another individual wrote me and he The Armendariz video (which appears to action they take is tainted. He’s the boy who said: have been taken off YouTube late last night) cried wolf. I can’t afford to commute. But by my long was shot around the same time he was pre- I want to continue my comments hours as a businessowner, it makes it impos- paring the action against Range. Here’s the sible to take mass transit or a carpool. So I highlights of what he said. about America’s energy by talking a little bit about gasoline and gasoline have no alternative since I have no carpool, The Romans used to conquer little villages no mass transit, but I have to drive to get to in the Mediterranean. They’d go into a little prices. I ask Members, people back in Texas, work because I’m a businessowner, and the Turkish town somewhere, they’d find the gasoline is driving me out of business. first five guys they saw and they would cru- in southeast Texas where I live, how cify them. And then you know that town was rising gasoline prices have affected Another one has said: really easy to manage for the next few years. them personally, and I want to give the I drive 75 miles a day round trip for work, And so you make examples out of people House the benefit of some of those plus I pay $7 in tolls. Yeah, it’s hurting. I who are in this case not compliant with the statements made by American people love my job, but it’s getting to the point law. Find people who are not compliant with that what money I make is going straight the law, and you hit them as hard as you can about the high cost of gasoline and back into the gas tank. and you make examples out of them, and maybe some things that we can do there is a deterrent effect there. And, compa- about the high cost of gasoline. Another citizen has said: nies that are smart see that, they don’t want Here’s what they’ve said, and I’ll I drive a 2000 Ford F–150 as my work vehi- to play that game, and they decide at that take them one at a time. cle. It’s draining my wallet, but I need a full- point that it’s time to clean up. One individual from southeast Texas size truck for my job. And, that won’t happen unless you have says: Once again, in the West, a lot of folks somebody out there making examples of peo- drive pickup trucks. They don’t only ple. So you go out, you look at an industry, I spend more money on gasoline than I do you find people violating the law, you go ag- on groceries. just drive them to work. That is their gressively after them. And we do have some Another: work vehicle. They use that in their pretty effective enforcement tools. Compli- Living in Texas requires driving greater job. It is their office. They don’t have ance can get very high, very, very quickly. distances to get anything. We have no choice the luxury as some do to work in tall

VerDate Mar 15 2010 06:41 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.125 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2195 skyscrapers and an office, as we con- Another southeast Texan writes this work or buying huge amounts of gas sider an office. Their truck is their ve- comment to me: two or three times a week, and it just hicle, and the F–150 is the standard-op- We certainly have less ‘‘disposable in- breaks your heart. You know, I went to erating vehicle, at least in Texas and come,’’ as the phrase goes, and that means the store the other night and I bought other parts of the country. By the way, less money to spend in various businesses in two oranges. They were on sale at a it’s the number one selling vehicle in our city because of the high cost it costs my dollar a piece. Two oranges for a dollar the United States. family to buy gasoline. a piece. The reason for that is not just But Americans need to understand, Another one says this: because they’re growing them and it’s and the government needs to under- I’ve cut out everything extra, dine out less, costing more; it’s because the transpor- stand, that’s what Americans drive. fewer trips, stay at home for entertainment, tation by diesel trucks and gasoline- That is their work vehicle in many prices of food have tripled, and I stretch left- powered trucks has gone up so much cases. High gasoline prices affect their overs as far as possible because of gas prices. that they have to pass that onto the quality of life, and maybe we, as a Another citizen and neighbor says: consumers with higher prices. If you body, ought to do something about gas- I only drive where I have to. I shop at talk to any man or woman who goes to oline that is now $4 a gallon. Kroger to get extra cents off of gas. the store, they’ll tell you that they’re Another citizen told me: The Kroger grocery store gives peo- feeling it when they buy their gro- Last month I spent $600 on gas for my ple the deduction if they buy gasoline ceries, as well as at the gas pump. truck versus just $300 a few years ago. Cus- from Kroger, and they have the little I’d like to tell you a little story real tomers don’t understand that the materials are going up due to the rising costs and the Kroger card: quickly. You’ll find this humorous be- suppliers are raising the price to recoup the We just stay at home more than ever. cause you talked about gasoline being loss due to fuel prices skyrocketing. And a fisherman says this: 20-some cents when you were a little bit younger. I presume it was a little What we pay at the grocery store or I am a commercial fisherman. Gas prices at any store where we do business, for hurt at the pump and it has in turn driven up bit younger. a product, part of the cost of that prod- the prices for supplies. It’s even driven up We were on a trip with some friends uct is getting it to market so Ameri- the price and cost of bait. of ours, and we went to an island down cans can buy it. It’s costing more to Another one lastly makes this com- off the coast of Florida in the Carib- get goods and services to market be- ment: bean. This friend of mine and I, we cause of gasoline prices, and, of course, It’s just hard to make it these days. rented two little motor scooters to go out to the corner of the island. Gaso- gasoline prices affect the price of So gasoline prices, which we’re not goods, and therefore that is passed on line on the island was very high; it was talking a whole lot about now, some 50 cents a gallon. He says, I’m not pay- to the consumer, to people in America Americans have just accepted it as the who live here. ing 50 cents a gallon for gasoline. So we new normal. I refuse to do that. I took what we had in the cycles and we Another one says: refuse to accept high gasoline prices. Where do I begin? I hated it, but I had to rode out there, and he ran out the gaso- go from a 4Runner to a Corolla to handle my b 1920 line. We had to get a coffee can and commute to work every day. I’m old enough to remember when turn one cycle upside down to get Another one said: gasoline cost—I don’t want to shock enough gas in his cycle to get back. Since 2010, my food bill has gone from $95 the Speaker, because you’re a whole lot Well, we couldn’t get my cycle turned a week for a full cart to $130 per week for younger than I am. I remember when I back on. So he tried to pull me and my half a cart of groceries. We are making more could fill up my Chevy II Super Sport motorcycle, with my wife on the back, but keeping less. High gasoline prices affect in the early seventies for 26 cents a gal- with a string back to the hotel room my quality of life. lon. I know that shocks you, but gaso- where we were staying, and we couldn’t Another one says: line prices have gone up. Of course in do it. It about broke my finger off. I have spent less on food so I could fill up my generation, as Mr. BURTON from In- So they left me at a Portuguese gaso- three times a week at approximately $75 to line station where nobody spoke $80 a tank. diana knows, when gasoline hit 30 cents a gallon, we all were shocked English, and they didn’t understand a Another citizen wrote me his con- about it. Now we’re paying $4 a gallon. thing I was saying. My face was burned cerns: We don’t have to accept that. The to a pulp from the sun, and I ended up I had to find another job closer to home be- reason we don’t have to accept it is be- not getting back until late that night cause it’s getting ridiculous, the cost of gas- with an almost third-degree burn be- oline. cause sitting over here are America’s natural resources, our God-given nat- cause he wouldn’t pay 50 cents for a An individual who uses his truck in ural resources, just waiting to be devel- gallon of gas. Imagine what he would his business said this: oped. But as I mentioned earlier, we’ve think today at having to pay $4 for a I drive a hot-shot delivery truck, and I got these bureaucrats down the street gallon of gas. The poor guy would just have to pay my own fuel. We do get a fuel die. surcharge, but it does not even come close to in their marble palaces called the EPA, paying for the fuel. I spend $200 to $250 a and they regulate more than just light Let me just look at this chart. My week on fuel over what the surcharge pays bulbs. They’re regulating the oil and colleague was talking just a moment me, and it’s killing me. gas industry out of business, and I ago—and I wish all of the people in That’s what Americans are saying think it’s a personal vendetta that America, if I could talk to them, could about gasoline prices. These are people they have for some reason. see this chart. It shows that back in who work every day, support their fam- There are things we should do, things the early part of the Obama adminis- ilies. Yet gasoline affects them in per- we can do, and it’s important that we tration, gasoline was about $2.68 a gal- sonal ways. discuss those. And we’ll continue to lon, and now in some parts of the coun- Another individual wrote me about discuss those tonight with my col- try it is over $4 a gallon. It’s killing his religion is being affected, his reli- leagues. the economy, it’s killing people who gious commitment is being affected by I do want to yield to my friend and have to go to work, as Congressman the cost of gasoline. Here’s what he colleague, Mr. BURTON from Indiana, POE said, and we have the resources to says: for as much time as he wishes to con- deal with it. Because the church my family and I attend sume. The thing I wanted to talk about real is 30 minutes away, we’ve chosen to attend Mr. BURTON of Indiana. First of all, quickly was—and I talked to Congress- Wednesday night church services closer to I want to thank my good friend Con- man POE about this—Interior Sec- home. Also, we’ve had to give up two church gressman POE of Texas for putting a retary Salazar, as well as the head of service meetings during the week. It’s upset- face on the problem of high energy the EPA and the Energy Department, ting for my fellow members to ask me on Sundays if I’ve left the church. It’s also prices and high gasoline prices. are having an all-out assault on Mem- harder to maintain those close ties not see- I listened to all of the things that bers of Congress who are pointing out ing fellow members but once a week, and it’s you were reading there from your con- that we have energy in this country all due to high gasoline prices. stituents about not being able to go to that can be tapped to lower the price of

VerDate Mar 15 2010 06:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.127 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2196 CONGRESSIONAL RECORD — HOUSE April 26, 2012 energy. They’re attacking us, saying households for 60 years. Western oil With that, Mr. POE, thank you so that we’re just raising red herrings and shale deposits alone are estimated to much for giving me this time. I’m a big not dealing with the problems as we contain up to five times the amount of admirer of yours. should. I want to read this to you. Mr. Saudi oil reserves. Seventy percent of Mr. POE of Texas. Thank you, Mr. Salazar, the head of the Interior De- this oil shale is on Federal land, and we BURTON, for your comments. I appre- partment says: can’t get to it because the President ciate the gentleman from Indiana. It’s in this imagined energy world where and his administration will not let us. Several comments about what you we see this growing and continued divide in According to a recent CRS report, said are important. The administra- the energy debate in America. But the divide there are over 21.6 million acres of land tion, the government, says drilling is is not among ordinary Americans; it is be- leased by the Federal Government that up in the United States. That is true. tween some people here in Washington, D.C. are not currently producing oil or that But drilling on Federal lands is not up. I guess they mean you and me, Con- have not been approved for exploration. Mr. BURTON of Indiana. Down 11 gressman POE. Returning to the levels of 2007 and 2008, percent. He said: when the administration started, Fed- Mr. POE of Texas. The drilling is It’s a divide between the real energy world eral leasing and permitting levels taking place on State-owned property that we work on every day and the imagined, would have projected an increase of 7 or private property, but other lands other than Federal lands. If it wasn’t fairytale world. million to 13 million barrels per year of for that, drilling would be down in the And the President of the United domestic oil production, but they cut United States. If we go back to the States has said on a number of occa- it back. Gulf of Mexico, the same situation we sions that we’re doing more drilling According to the American Petro- have in the Gulf of Mexico has been right now than we ever have and that leum Institute, an estimated 12,000 to the American people are being misled. ever since the BP incident. 30,000 American jobs would be created Permitting is taking too long. It In addition to the chart I have on in energy producing Western States gasoline prices, I brought this chart takes a record amount of days, some- over the next 4 years if we just went times months, to issue a permit in the down. This chart, Congressman POE, back to where we were drilling in 2007 shows the number of applications for deep water and in the shallow water. and 2008. Furthermore, the Keystone The shallow water guys operate with a permits to drill and how they’ve been XL pipeline, which the President has affected since the Obama administra- very small amount of capital. They stopped dead, would bring to our econ- can’t stay and wait around for the gov- tion has taken place. So I just want to omy thousands of new jobs and trans- go through these facts. If the President ernment to make a decision on a per- port 830,000 barrels of oil to American mit or not, so they aren’t able to drill. were paying attention, and if I were refineries, which would be converted In the deep water, those deepwater talking to him—but I know I can’t—if into oil and gasoline that would help wells, those rigs, they cost $100,000 a I were talking to him, I would say, Mr. this economy and lower gas prices. day whether they’re operating or President, these are the facts. And I With gas prices, as my colleague said, they’re sitting there, and that’s why don’t know who’s giving you these very, very high at over $4 a gallon—and some of them have left the Gulf of facts down there at the White House, in some places here in Washington, it Mexico to never return. They’ve gone but, Mr. President, you ought to take a was up to $5 a gallon not too long ago. down to South America; they’ve gone look at these facts because they’re ac- With gas prices that high and affecting to off the coast of Africa, to drill where curate. every American, it’s clear that the countries are friendlier to the drilling First of all, according to the Amer- United States needs to become more safely off of their coast. ican Petroleum Institute, the number energy independent and signal to the Mr. BURTON of Indiana. If I might, of new permits to drill issued by the world that the U.S. is open to produc- we sent $3 billion of American tax- Bureau of Land Management is down tion. If we started drilling where we payers’ money to Brazil at a time when by 40 percent, from an average of over can and exploring where we can, make we have almost a $16 trillion national 6,400 permits in 2007 and 2008 to an av- no mistake, the people who sell oil to debt, and they’re drilling in deepwater erage of 3,962 in 2009 to 2010. That’s us will lower the price because they areas like we would be drilling in off down by almost 40 percent. We’re not want to be competitive and they don’t the coast of Mexico. But we can’t drill drilling where we can. They’re not want to lose market share. there because of the oil spill and be- issuing the permits. Whether it’s the administration drag- cause we can’t get permits, so we’re During this same period, the number ging its heels on approving permits for sending our taxpayers’ dollars down to of new wells drilled on Federal land offshore drilling or drilling on Federal Brazil so they can do what we can’t. have declined. The number of oil wells land, not opening up land for explo- Mr. POE of Texas. If the gentleman have gone down by 40 percent, and the ration, or not approving the Keystone will yield, we’re not only sending number of new Federal oil and gas pipeline, the Obama administration’s money down there to develop their oil leases issued by the Bureau of Land policies are failing everyday Americans industry, when they develop it, we’re Management is down by almost 50 per- and costing millions in potential gov- going to buy their oil back. So we’re cent. Is it any wonder we’re not going ernment revenue and thousands of new paying them twice. after our resources, we’re depending on jobs. Mr. BURTON of Indiana. That’s the Saudis, the people in South Amer- right. b 1930 ica and Venezuela, many of whom don’t Mr. POE of Texas. Which doesn’t like us very much? As a result, we’re So no matter what the administra- make a whole lot of sense to me. paying more and more and more at the tion people are saying, like Mr. Salazar Now, I don’t know and I don’t really pump. or the EPA or the Energy Department, suspect that drilling would be the only President Obama says that oil pro- the fact is we have enough energy in answer for raising or lowering the gas- duction is at an all-time high during this country to move toward energy oline prices, but it’s one factor because his administration. However, the fact independence over the next 5 to 10 of supply and demand. It’s not the only is oil production on Federal land fell by years. But this administration wants factor, but it’s one of those. It just 11 percent last year, and oil production to go to new sources of energy like seems to me that the United States is on private and State-owned land— windmills and solar panels and geo- the only major power in the world that where they couldn’t touch it—did go up thermal and nuclear. And all those has an energy policy that is: We’re not a little bit. That’s what he’s talking things are important, but while we’re going to drill in the United States for about. Where the government has con- starting to transition to new sources of all these reasons, but we want you to trol over permits, they’re not letting energy, we need to use the energy that drill in your country your natural re- us drill. we have, which would lower the cost of sources and we’ll buy them from you. Federal lands hold an estimated 116 energy to the average citizen and lower It seems a little bit arrogant on our billion barrels of recoverable oil, the price of gasoline so people, as Mr. part as a Nation. enough to produce gasoline for 65 bil- POE has said, could get to work and Mr. BURTON of Indiana. Let me just lion cars and fuel oil for 3.2 million live a competent, fair, friendly life. say that Sarah Palin, whom everybody

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.128 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2197 in this country knows, she will tell type of energy policy: we should drill ican people really need your help. And you, and she’s told people all across the safely in the United States for oil and if you don’t pay attention to them re- country when she speaks, that they natural gas. And I say ‘‘safely’’ because garding the energy policies, it’s my have a huge amount of oil in the that is important. But we should also humble opinion that there may be a big ANWR and other parts of Alaska, and partner with the countries next to us— change in administrations next year. because of the radical environ- the Canadians to the north, who have So for political survivability alone, mentalist groups in this country, they natural resources, and the Mexicans to you ought to take another look at can’t drill up there. the south, who have an abundance of what you’re doing. Now, I’ve been up there. I was up natural resources—and the three of us And with that, I thank the gen- there with DON YOUNG. We saw the oil work together on a North American tleman very much for yielding to me. pipeline. If you look at the ANWR, OPEC-type philosophy and be energy b 1940 there’s nothing up there. You’re not independent. Not just energy inde- going to hurt any of the animals. pendent, but it will help out our na- Mr. POE of Texas. I thank the gen- There’s a lot of bugs. There’s a lot of tional security. tleman for his participation. vermin up there. But you’re not going And if we do that, if we work with Madam Speaker, it seems to me that to hurt the animals by drilling up Canada, Mexico, drill in the United the United States can make some deci- there, and it’s certainly not going to States, where it’s safe, we can make sions and solve some of our own prob- hurt the environment. But it would the Middle East irrelevant. We can lems. We can start with finding people help if we could bring that oil—mil- make that little fellow from the desert, in the EPA that do not have their own lions of barrels of oil—down to the Ahmadinejad, and his threats about personal vendetta against the oil and lower 48 States. It would have a tre- closing the Strait of Hormuz, we can gas industry, replace those individuals mendous impact, in my opinion, as well make him irrelevant. We don’t care like Armendariz and get some fair and as you’ve said, off the Gulf of Mexico what he does. We don’t need to con- balanced bureaucrats to make sure we and off the Continental Shelf. We could tinue to send our money to other na- have a clean environment to work with really move toward energy independ- tions over there that don’t like us. So our energy companies rather than ence over a period of the next 5 to 10 maybe that’s something we need to do against them, and stop the war against years. Like you said, it wouldn’t hap- the energy companies in the U.S. pen immediately, but it would be a in the United States. Lastly, and then I’ll yield to the gen- We can work and bring down the giant step in the right direction. price of energy in the United States. Mr. POE of Texas. If the gentleman tleman, because of American tech- One way, not the only way, is to make will yield, as you mentioned about nology, because of those folks that sure that we have a supply. A greater ANWR in Alaska, years ago we came know how to drill safely for oil and supply, as we all know, of anything, up with this idea of a pipeline from natural gas, the United States now does help reduce the cost of energy, so Alaska bringing crude oil into the suddenly is becoming an abundant Na- United States, and the same people tion with natural gas. And we could, if that people in southeast Texas who that opposed that pipeline still exist we developed it the way that we can, have a hard time getting to work and today and are opposing the Keystone the United States—primarily Texas, who are paying more for products that Pipeline. It took years for the vetting but other States—we could become the they have to buy, just like Americans of the environmental lobby to finally Saudi Arabia of natural gas. We could throughout our Nation are having be put to rest. They were concerned export natural gas, we have so much of tough times because of high gasoline about the caribou. Of course, I think it, and bring that money into the prices, we owe it to them to do that, to the caribou are doing quite well now. United States, rather than constantly take care of ourselves and to work with Finally, Congress decided not to wait sending money throughout the world, Canada and to work with Mexico so on that administration and go ahead all because we don’t take care of what that the three countries can be a and make an approval. But Congress we have and use what we have. strong ally, not just politically, but went ahead and approved the Alaska Mr. BURTON of Indiana. Well, T. that we can be strong allies with our pipeline on its own, which became law Boone Pickens said—and everybody energy economy. in spite of the administration. It didn’t knows he’s one of the big advocates of With that, I’ll yield back to the wait for its approval. And now we know natural gas, which is a very clean- Chair. the rest of the story—it’s a success 25 burning fuel. He said, if we would con- And that’s just the way it is. years later. And that’s what Congress vert the tractor-trailer units that f bring commerce to all of us, we could needs to do with the Keystone Pipeline. MADE IN CHINA No one has ever accused Canada of lower the cost for all those tractor- being environmentally insensitive. trailer units, as far as energy consump- The SPEAKER pro tempore. Under Their regulations are as tough as the tion is concerned, by 50 percent—cut it the Speaker’s announced policy of Jan- EPA’s—or even stronger. But yet in two—and that would have a dra- uary 5, 2011, the gentleman from Ne- they’ve developed a way that they can matic impact on things that are trans- braska (Mr. FORTENBERRY) is recog- bring crude oil through a pipeline down ported by tractor-trailer units. nized for 25 minutes as the designee of to southeast Texas—Port Arthur, my I would just like to say that the the majority leader. district—in a safe, environmental way, President, when he took office—and I’ll Mr. FORTENBERRY. Madam Speak- and also one of the newest and finest conclude with this, because you’ve er, as I was shopping for some family pipelines. But the administration says, done such a good job tonight. You’ve items recently, I noted how difficult it Not so fast. And it’s unfortunate be- covered it very well. When the Presi- is to find items that are made in Amer- cause the jobs will stay in America. dent took office, he said that his en- ica. While American manufacturing is, Create that pipeline. Canada is not a ergy policies would, of necessity, cause encouragingly enough, on the rebound, Middle Eastern dictatorship. They’re energy costs to skyrocket. Well, as products ranging from hairbrushes to kind of a normal country. Ronald Reagan would say, ‘‘Well, he iPods still carry that ‘‘Made in China’’ We should approve that as soon as did, and energy prices have sky- label. All the while, many questions possible. I understand the concern in rocketed,’’ and we’ve got to do some- about China and its economic policies, Nebraska. I’m glad to see the folks in thing about it. foreign policies, and human rights Nebraska are working with Trans- The American people don’t want to records are left largely unexamined. Canada to reroute that 60 miles so pay $4 or $5 a gallon for gasoline. They For the good of our economy, it is es- there are no environmental issues and can’t live that way. It’s causing a dete- sential that we thoroughly understand get this pipeline approved and start rioration in their standard of living. China’s record and their intentions as a shipping that crude oil down to south- So if I were talking to the Presi- country. Our nations have a com- east Texas so we can use it in the dent—and I know I can’t, Madam plicated and lopsided economic rela- United States. Speaker. But if I were talking to him, tionship. Americans buy great quan- It would seem to me that the United I would say, Mr. President, why don’t tities of Chinese-made products. China States should maybe think about this you get with the program. The Amer- finances a great portion of America’s

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.130 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2198 CONGRESSIONAL RECORD — HOUSE April 26, 2012 debt. Currently, nearly one-third of our culture and the degree of openness to This is from the President’s 2011 in- debt is foreign owned with China easily the outside world, Chinese companies augural address. He says this: being the largest debt holder at nearly always take the domestic business At stake right now is not who wins the $1.2 trillion. Other estimates peg the practices with them.’’ Chinese compa- next election. At stake is whether new jobs figure at closer to $2 trillion. The effect nies always take ‘‘domestic business and industries take root in this country or of such indebtedness is the shift of our practices’’ with them. Those practices, somewhere else. wealth assets into the hands of a for- according to witnesses who have given That is absolutely true. Folks come eign nation, losing the market for congressional testimony, include fer- down to the floor of this House every American-made products to a country tility monitors on factory floors, day. They say what they’re doing, with lax labor and environmental invasively examining female employees they’re doing for job creation. They standards, which manipulates its cur- for pregnancy and reporting pregnant say what they’re doing, they’re doing rency and creates unbalanced and un- women to the Chinese family planning for economic growth. But we have a fair trading conditions. police. China has practiced the vio- substantial disagreement about what China’s involvement on the world lence of forced abortions. China also that means. stage is also of significant concern. has tragically high suicide rates for b 1950 While it aggressively pursues its own workers, who use suicide as their only mercantilistic agenda, China lends lit- means of collective bargaining against I happen to believe that one of the tle constructive hand to creating con- dire and oppressive labor conditions. things that encourages job creation ditions for international stability. As China continues to advance as a and economic growth is fiscal responsi- China is seen as an enabler of North world economic power, it has a choice. bility. We need fiscal responsibility in Korea, who is actively pursuing nu- It can join the responsible community our families, we need it in our busi- clear weapons capabilities; and they of nations in respecting the dignity and nesses, and we need it in our govern- continue on their march toward more rights of all persons while conducting ment. aggressive missile testing, as well, de- affairs with other nations in an ethical The President said this, Madam spite the protest of the international fashion, or it can stand by current Speaker, his State of the Union address community. practices that exploit relationships in in 2010. He said: Over recent months, as the U.S. and order to fuel its own brand of corporate Families across the country are tightening the European Union have accelerated collectivism, undermining inter- their belts and making tough decisions; the important efforts to curb Iran’s nu- national stability in the process. Federal Government should do the same. clear ambitions, China has been con- Madam Speaker, it is my belief that State of the Union address, 2010, ‘‘the spicuously absent from the leadership it is important to seek reasonable and Federal Government should do the table in this discussion. China con- good relationships with China, a coun- same.’’ tinues to be a top buyer of Iranian oil— try with a rich cultural history, a It wasn’t just in 2010. I’m not cherry- one of the key leverage points of eco- country which is rapidly ascending picking comments. Here we are in the nomic sanctions against Iran. At a dis- onto the world stage. We must do so President’s State of the Union address cussion I attended, a Chinese official in ideally and practically for the sake of in 2011, Madam Speaker: so many words said the U.S. is to our own national security. But we Every day, families sacrifice to live within blame for Iran’s pursuit of nuclear must do so with open eyes, fully under- their means. They deserve a government weapons capability. And he went on to standing the implications when all of that does the same. say, while China does not desire this us buy products with that ‘‘made in He said it in 2010. He said it in 2011. outcome, we’re going to do business as China’’ label. In fact, go back to the beginning of his Madam Speaker, I yield back the bal- usual. Presidency. Here we are in 2009, the ance of my time. Africa is becoming a lost continent, same State of the Union address: diplomatically and economically, in f Given these realities, everyone in this favor of international players who do FISCAL RESPONSIBILITY Chamber, Democrats and Republicans, will not have the same regard for human The SPEAKER pro tempore. Under have to sacrifice some worthy priorities for rights as we do. China’s influence in re- which there are no dollars, and that includes the Speaker’s announced policy of Jan- me. source-rich Africa is growing rapidly— uary 5, 2011, the gentleman from Geor- Madam Speaker, he was right there with disturbing consequences. Direct gia (Mr. WOODALL) is recognized for 18 Chinese investment in Africa has minutes as the designee of the major- in front of where you sit tonight. He grown exponentially over the last 2 ity leader. said: years. One million Chinese nationals Mr. WOODALL. Madam Speaker, I Given these realities, everyone in this now do business in Africa, and Chinese thank you for the time and being down Chamber must sacrifice some worthy prior- energy and mineral resource companies here with me. I will set up my charts ities for which there are no dollars, and that includes me. are quickly acquiring oil fields and tonight because I can’t commit it all to mines. memory. I’m glad to be here at the end The President of the United States. In the process, China has forged stra- of the leadership hour. We’ve talked But what’s the reality, Madam tegic alliances with war criminals. Ac- about China, we’ve talked about U.S. Speaker? We can put the words back cording to China’s Foreign Ministry energy, and we’ve talked about the big up. We can put the words up from 2009, spokesman, China shares a ‘‘deep and issues that are on the floor of this from 2010, from 2011, but what’s the re- profound friendship’’ with Sudanese House and that are here in Washington, ality? The reality, sadly, is this chart, war criminal Omar al-Bashir. I should D.C. Madam Speaker. You can’t see it from note there was a bright spot this week. I want to say to folks, I come from a where you are, but it’s a chart from When approached by South Sudanese conservative part of the world. I come The Wall Street Journal, entitled, President Salva Kiir for assistance as from the Deep South. I come from the ‘‘The Debt Boom.’’ It charts the public Sudan and South Sudan march toward suburbs of Atlanta, Gwinnett County, debt of the United States from the year war, China’s President Hu Jintao Forsyth County, Walton County and 2000 to the year 2012. echoed the United States in calling for Barrow County. But I brought with me What we see, Madam Speaker, is that peace and negotiation between the two tonight quotes from President Barrack as a percent of GDP, the debt was en- countries, rather than continuing to Obama because, as I have said in town tirely too high during the Bush years. back Omar al-Bashir. The inter- hall meeting after town hall meeting, I Don’t get me wrong. There is not a national community will look upon disagree with about 80 percent of what party in this town that is blameless in China’s new role as a diplomatic figure the President does, but I believe in this debate. For Pete’s sake, we were in this conflict with great interest. about 80 percent of what he says. I having economic boon times and our Beyond this, an honest discussion is think if we can come together on some debt was running 35 percent of GDP. necessary about Chinese industrial vir- of those principles that he is enun- Thirty-five percent of all the economy tues. A Chinese official has said that in ciating, we might be able to make of the United States of America was dealing with ‘‘differences in corporate some real progress. being borrowed in debt. But look what

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.132 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2199 happens. Look what happens. President Can I go back to the beginning, freshman class, we’re not done yet. Obama is sworn in in January of 2009. Madam Speaker? This House leadership, they’re not done You see a debt boom, where we rise At stake is not who wins the election; at yet. For 2013, we are on track to reduce from 35 percent of GDP as our debt stake is new jobs, new jobs that come spending—I don’t mean reduce rates of level up to 80 percent of GDP as our through fiscal responsibility. growth. I don’t mean reduce projected debt level. Go back to his State of the Union ad- increases. I mean reduce the actual Now, again, I can put the words back dress: dollars going out the door for a third up: ‘‘Time for sacrifice.’’ ‘‘Families are Families across the country are tightening year in a row. The third year in a row. tightening their belts, we must do the their belts and making tough decisions. The It’s unprecedented. It hadn’t happened same.’’ ‘‘Everyone must sacrifice prior- Federal Government should do the same. since World War II. It’s happened be- ities, including me,’’ the President of Madam Speaker, there’s not one cause the American people said we the United States. I can put the words tough decision made when you tax the have to do better. It happened because back up. The reality, Madam Speaker, American people by $2 trillion but you the American people said we can’t just is that the President has continued to spend even more. talk about it; we have to do it. promote spending with reckless aban- I believed the President. I believed But I’ve got some bad news, Madam don. the President when he said: Speaker. We’re going to keep working And it’s not just in the debt. Given these realities, everyone in this on this discretionary spending side of Madam Speaker, this chart is a chart Chamber, Republicans and Democrats, will the ledger. We’re going to keep trying produced by the Budget Committee on have to sacrifice some worthy priorities for to drive those numbers down. But which I have the privilege of serving. which there are no dollars. that’s not where the real spending is. What it charts is the debt of the United He was right when he said that. That As I said a few minutes ago, that’s only States. We see it on the white dotted was an applause line, Madam Speaker. one-third of the budget. Two-thirds of line here. And it charts the proposed Folks got to their feet here in the the budget is on autopilot. plan of President Barack Obama. House Chamber. He’s right, that sac- I have it up here, Madam Speaker. In The President, to his credit, intro- rifice is necessary. His budget includes yellow, you see what they call manda- duced a budget in January—the law re- none of it. tory spending. That’s the autopilot quires him to do it and he did it. In The good news, though, Madam money. Again, you could close the fact, he has every year that he’s been Speaker, is we’re not limited to the White House tomorrow, you could close in office. The law requires the Senate President’s ideas in this town. We have the Congress tomorrow, this money to produce a budget every year. They a freshman class here in Washington, still flows out the door. If we’re going ignore that law and have again this D.C., Madam Speaker, of which you are to stop it, we have to act affirmatively year for the third time in a row. But a critical part, that says we can do bet- to stop it. the President produced his budget. ter; in fact, we must do better; in fact, This little piece of the pie up here is I can, again, go back to the words the defense part. You would think that where he talks about sacrifice, where we cannot take ‘‘no’’ for an answer. Let me show you what I have here, national security is one of the biggest he talks about tightening his belt, Madam Speaker. It’s a chart of discre- things we spend money on around here. where he talks about what American tionary appropriations. Now, discre- Madam Speaker, it’s down to less than families are doing and says America 20 percent of the money that goes out deserves a government that does the tionary appropriations, for folks who are in the freshman class who haven’t the door in Washington, D.C. goes to- same, but look at this chart. The white wards national security. This 17 per- dotted line represents the current debt followed that back in their offices, that’s the part that we have to affirma- cent here is everything else, everything path of America. The red line rep- else that’s in that discretionary budg- resents the President’s proposal from tively act on every year. About two-thirds of the Federal et. The 63 percent, 64 percent, so says February of this year. If you look the Congressional Budget Office, this is closely, Madam Speaker, what you can budget is on autopilot. If we closed the doors of Congress tomorrow, that the mandatory spending that’s on see is that under the President’s pro- autopilot. posal of February of this year, enacting money would continue to flow out the the President’s proposal raises the def- door, but not so with one-third of the b 2000 icit of the United States year after Federal budget. We call that discre- I have it displayed here in a slightly year after year after year—2012, ’13, ’14, tionary spending. You and I, Madam different way. The red bar represents ’15, ’16, ’17, ’18, ’19, and ’20—more than Speaker, we have responsibility to do our discretionary spending. And you doing nothing. oversight on that every year. can see that discretionary spending, as Madam Speaker, you ask: How can Look what we see here. FY 2010— a percentage of the budget, has been in that be true? The President’s proposal that’s the first year I’ve charted—we decline each and every year since 1962. includes $2 trillion in new taxes on spent about $1.3 trillion in this discre- Now, those aren’t actual dollars going American families. That’s true. That’s tionary spending. That was 2010. You down, that’s just a share of what we do true. The President has made no secret and I were not yet here, Madam Speak- in Washington, D.C. It’s been this Con- of his desire to work our way through er. You and I showed up while we were gress that’s brought the actual dollars our current economic crisis by taxing still working on the FY 2011 budget. down, as I said, for the first time since the American people. I don’t believe You will see we spent less in this Con- World War II. that’s the right way to go, but he has gress—and I don’t just mean we pro- But over time we’ve had a shift in introduced that as a plan. And, yes, his posed spending less. I don’t just mean this country. Discretionary spending budget raises taxes by $2 trillion, but we talked about spending less. I don’t has declined as a percentage of what we he spends so much more that even with mean that we got together as Repub- do, and this out-of-control mandatory a $2 trillion tax increase, Madam licans and said this is our idea, but spending, this autopilot spending is in- Speaker, we don’t see any improve- we’re not going to be able to get the creasing. What are we going to do ment in our debt in 2013 or ’14 or ’15 or Democrats to go along with it. I mean, about that? ’16 or ’17 or ’18 or ’19 or ’20 or ’21. as a body in this House, as a Congress There’s not enough time tonight, Now, I’ve blown up, Madam Speaker, on Capitol Hill, with the cooperation of Madam Speaker, to get into the de- just so folks can see it, way out there the President’s signature, we actually tails. But I encourage all of our col- in 2022, you finally begin to see a better passed into law a budget for discre- leagues, Madam Speaker, and I hope debt trajectory from the President’s tionary spending that went down in you will help me to encourage them, to budget than if we had done something. 2011 from 2010 levels. keep an eye out on what’s coming down Nine years from now, America would And guess what? We didn’t stop the road, because what’s coming down have a slightly lower deficit under the there, Madam Speaker. As you know, the road in this body is a process called President’s plan than if we did nothing we passed another set of appropriations reconciliation. And I put to you that and just left all of our systems on auto- bills that took spending down even fur- we haven’t had a real reconciliation pilot. That doesn’t jibe with what we ther. From 2011 levels, we went down process in this House. In 1997, Repub- heard. further in 2012. And guess what? This licans in the House and Senate, and a

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.134 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2200 CONGRESSIONAL RECORD — HOUSE April 26, 2012 Democrat in the White House, came to- try to do something that hasn’t been President Karzai not only appoints gether to pass the biggest spending re- done since 1997, and that’s take pro- the governors, he appoints the mayors. duction bill that we’d had in our life- grams off of autopilot and make sure They don’t get to elect them. He ap- time prior to this point. that every dollar leaving this institu- points them. You want to be a mayor We can’t balance the budget on the tion is doing the very best that it can of a city, you better go suck up to discretionary spending side of the ledg- for the hardworking American tax- President Karzai because he’s going to er alone. As you know, Madam Speak- payers that have entrusted us to spend make the appointment. er, if we zeroed out everything—and I it. If you would like to be the chief of mean everything. I don’t mean cut by 5 Madam Speaker, I thank you for police, don’t worry with some local percent, I don’t mean cut by 10 percent, being here and yielding me this time city council in Afghanistan. Don’t I mean zeroed out everything except this evening. worry with the governor. You’ll be ap- Social Security, Medicare, Medicaid, I yield back the balance of my time. pointed, that’s right, by President Karzai. interest on the national debt, those f mandatory spending programs that I’m We’re told by Afghans that actually OUR FRIEND IN THE MIDDLE EAST talking about, those autopilot pro- it goes so much further than that. He grams, if we zeroed out everything else, The SPEAKER pro tempore. Under even appoints many of the teachers. the budget still wouldn’t be balanced. the Speaker’s announced policy of Jan- You want to be a teacher at an upper That’s how far out of whack we are. uary 5, 2011, the Chair recognizes the level? Afghans tell me that he appoints them as well. And that’s how big those categories gentleman from Texas (Mr. GOHMERT) for 30 minutes. President Karzai gets to appoint a are. slate of potential legislators. He has We’re going to do something that Mr. GOHMERT. Madam Speaker, tremendous control of the purse strings hasn’t been done since 1997 and that is, there’s a lot going on in the world in Afghanistan, not someone to be go through reconciliation, where we these days. I had an interesting trip to Afghanistan this weekend, a country countered with, you would think, un- ask the committees of this House, we less perhaps you’re from a government into which we are pouring billions and go back to our communities and ask in that assists the government of Afghan- billions of dollars and have military town hall meetings, what can we do on istan in meeting its budget needs. that mandatory spending side of the there that is keeping President Karzai ledger to tighten our belts, to do better in office. b 2010 to provide more bang for their buck to And he’s a very grateful man. That As I understand it, Afghanistan has a the American taxpayers. was demonstrated when he told our budget of $12.5 billion. As I understand Those bills are going to start coming government, this Obama administra- it, Afghanistan provides $1.5 billion of to the floor in the month of May, for tion, that DANA ROHRABACHER, my very that $12.5 billion budget. That’s all the the first time since 1997, in a serious dear friend, one of the greatest patriots revenue—taxes, fees, all kinds of way. Now, it’s going to be a small proc- I know, would not be allowed into Af- things. That’s the extent of their rev- ess at first. We’re talking about just ghanistan, as if he had that power, be- enue. the amount of money to cover some of cause he had been very critical of Gee, what would happen to President our necessary defense spending needs. President Karzai. Karzai if all of a sudden this Congress But we’re going to start to talk about So we’re spending billions and bil- did what the 1974 Democratic-con- priorities here. And when I say talk lions of dollars so that a cantankerous trolled Congress did when, without any about, I mean legislate on. President of Afghanistan, who is only regard for those who had fought with Madam Speaker, the talking has al- there because of the lives and treasure us in Vietnam and in Southeast Asia, ready been done. ‘‘Every day families that Americans have sacrificed, can every penny was just completely shut sacrifice to live within their means. turn around and tell Americans, we off, when every penny being spent in They deserve a government that does don’t want Members of Congress that Vietnam back in ’74 was cut off? What the same.’’ President Barack Obama, actually control the purse strings to happened after we left was an absolute 2011. money flowing into this country, we horrible bloodbath of those who had as- ‘‘Families across the country are don’t want them here. It was rather in- sisted the United States in any way. tightening their belts and making teresting. So I don’t think this Congress will be tough decisions. The Federal Govern- And as might be expected, President as abrupt as the Democratic Congress ment should do the same.’’ President Karzai had his facts entirely wrong. He was in 1974, but it certainly has the Obama 2010. was representing that Representative ability to do that. The difference is, I think, there are enough people in this At stake right now is not who wins ROHRABACHER had a bill that was at- the election. At stake is whether new tempting to partition, divide up Af- Congress who realize, unless we em- power those who fought the Taliban in jobs and industry take root in this ghanistan. Entirely wrong. I knew that late 2001, after 9/11, and in early 2002 country or not. Madam Speaker, we are because I assisted with the bill and co- when they basically routed the Taliban bankrupting this country. We are sponsored it, proudly, because it was a with U.S.-embedded support and air bankrupting this country. We have resolution that basically was encour- support, unless we empower those al- doubled, doubled the annual spending aging Afghanistan to allow elections of lies by allowing them to elect their deficits that we’ve seen in this coun- their regional governors. It encouraged own regional governors, by allowing try. We’ve seen the public debt of this elections. them to elect their mayors, taking Nation increase by 50 percent in the Somehow President Karzai found this some of the power away from a central 1 last 3 ⁄2 years. And that was with the very offensive, as a threat to him. And administration where, regardless of efforts of the most conservative U.S. I can see it from his standpoint. If one whether or not reports may or may not House of Representatives we’ve seen in puts one’s self in his position, you real- be accurate about corruption at the our lifetime. That was with the efforts ize, gee, I’m President Karzai. I get to highest level, then there is certainly of this U.S. House of Representatives appoint every regional governor. And corruption in Afghanistan. that has cut spending, not 1 year in a gee, that would be a system, like an- It is also interesting that this admin- row, not 2 years in a row, but 3 years in cient Rome, where you would be ap- istration refuses to replace the inspec- a row. pointed to be governor, but you had to tor general, who is supposed to super- Madam Speaker, the good ship kick back to Caesar in order to keep vise and audit the money that’s going United States of America is in troubled your seat. Interesting. into Afghanistan. Surely, that couldn’t waters. The President is saying all the That is a plan fraught with the po- be because it’s an election year. Sure- right things. I come to the floor here tential for corruption. That’s one of ly, that couldn’t be because, if we had tonight, Madam Speaker, to ask you to the reasons that DANA and I, and so somebody actually monitoring where encourage him to do the right things. many others, think it would be a good all of the billions of dollars were pour- Join this U.S. House of Representa- idea, help strengthen the country, if ing into Afghanistan are going, the re- tives, join these 100 new Democrat and the people in the various regions were port would indicate widespread corrup- freshman Members in this body as we able to elect their governors. tion, which would reflect poorly on this

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.136 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2201 administration, throwing away billions to do to defend itself when this admin- ment of principles and values, then it is a of dollars not only to the Solyndras istration is telling Israel, Hey, just starting point for being operationalized, around the country but to corrupt ad- trust us. Trust us. We’ll take care of which means that it serves as the entryway ministrations who are fattening their your national security, and yes, there into a negotiation as to how you dem- onstrate that it is indeed a sincere, authen- bank accounts while Americans don’t is a window beyond which you could no tic statement of conviction. So we will test have any. longer do any good in trying to stop that as well.’’ Many Americans struggle to have the nuclear proliferation in Iran and During his visit to Tehran in late March, any money in their bank accounts, yet beyond which we in the United States in an interview with Iranian state television, we’re propping up an administration could. So, if we can just force Israel Prime Minister Erdogan said, ‘‘I have shared over there that thinks that, on a whim, past that window, then they would the Leader’s [Khamenei’s] statement with they can say, I don’t like this Con- have to rely completely on the United U.S. President Barack Obama and told him gressman because he has been critical that in face of this assertion, I do not have States to do all in its power to protect a different position, and the Iranians are of my administration, so we’re going to Israel. using nuclear energy peacefully.’’ keep him out. If Israel looks at what has been hap- On April 7, 2012, Kayhan International re- I realize that Secretary Clinton in- pening already this year with a couple ported, citing Press TV, that Turkish For- herited a very difficult situation that of betrayals of our friendship, that eign Minister Ahmet Davutoglu had told the was not of her making, but it is impor- would not bode well that the top in Turkish Kanal D TV that there is no possi- tant in dealing with matters of foreign this administration for this country bility that ‘‘Khamenei’s fatwa forbidding the policy and in dealing with matters of will protect Israel at whatever cost. possession and use of nuclear weapons might State that we not be duped by people That has to be considered by Israel. be disobeyed in Iran.’’ who have made careers out of duping Then we have this report. This was So we can all celebrate. There’s has Americans and Russians and other na- dated April 19, 2012, from the Middle been a fraudulent false report of a tionalities. East Media Research Institute. The in- fatwa by Khamenei. So, gosh, nobody So we have a great ally in the nation troduction reads: in Iran would violate this fatwa mak- of Israel. They believe in freedom as we An important element in the renewal of ing it against the Islamic religion to do. They have a truly representative nuclear negotiations with Iran in the talks develop nuclear weapons. When the government, one in which the Prime in Istanbul April 13–14, 2012, was an alleged truth is, if Israel is not going to defend Minister of Israel does not forbid the fatwa attributed to Iranian Supreme Leader itself by itself, as President Obama elections of other officials so that he Ali Khamenei, according to which the pro- said it absolutely must on more than will be the only one who has the power duction, stockpiling, and use of nuclear one occasion, if it is going to rely on weapons are forbidden under Islam and that the representations of this administra- to appoint. Israel allows elections, and the Islamic Republic of Iran shall never ac- as others have pointed out, they’re quire these weapons. Indeed, U.S. leaders, tion to, Trust us, we’ll take care of more likely more free than any of the among them Secretary of State Hillary Clin- you, we got your back, then Israel may other neighbors immediately sur- ton and even U.S. President Barack Obama, want to note how easy it is to deceive rounding Israel. Even Muslims in Israel along with other representatives to the this administration into believing what have greater freedom to elect whom- talks, the International Atomic Energy it wants—that Iran would not develop ever they wish in fair and free elec- Agency Board of Governors, and even highly nuclear weapons. tions. We have an ally in Israel. respected research institutes considered the It is important to note that this ad- Now, I realize there are differences in fatwa as an actual fact, and examined its sig- ministration has been praised in mes- nificance and implications for the nuclear sages coming from the Islamic Society views, whether the Old Testament, the negotiations with Iran that were renewed in Torah, the Tanakh have valid legit- Istanbul. of North America and other groups ac- imacy these days. Some of us believe However, an investigation by the Middle tually named coconspirators in funding them and are proud to do so just as the East Media Research Institute reveals that terrorism in the world. They’ve been Founders did. Heck, of the 56 signers of no such fatwa ever existed or was ever pub- praised by these named coconspirators the Declaration, over a third of them lished, and that media reports about it are in funding terrorism for their cleansing were ordained Christian ministers who nothing more than a propaganda ruse on the of training materials of our FBI, of our part of the Iranian regime apparatuses in an intelligence, of our State Department. believed every word of the Old Testa- attempt to deceive the top U.S. administra- ment. tion officials and the others mentioned We have gone through and eliminated So I’ve been looking in the Old Testa- above. words like ‘‘jihad,’’ words like ‘‘Islam,’’ ment for wisdom in application to our Iranian regime officials’ presentation of words like ‘‘radical,’’ replacing them current situation because we know, facts on nuclear weapons attributed to Su- with things like ‘‘violent extremism.’’ back earlier this year, The Washington preme Leader Ali Khamenei as a fatwa, or When the trouble is, it is so easy to de- Post was told by this administration religious edict, when no such fatwa was ceive national officials in any country that the window during which Israel issued by him, is a propaganda effort to pro- where they refuse to study the enemy pose to the West a religiously valid sub- who has sworn to destroy them. If you was going to likely attack Iran was be- stitute for concrete guarantees of inspectors’ tween two different dates during a cer- access to Iran’s nuclear facilities. Since the will not study the enemy who is sworn tain period. Well, that’s not very help- West does not consider mere statements by to destroy you and your country, then ful to an ally when we tell the world Khamenei or other regime officials to be you will continue to be easily duped. about when an ally may choose to de- credible, the Iranian regime has put forth a So we have these named coconspira- fend itself. That’s more a heads-up to fraudulent fatwa the West would be more in- tors for funding terrorism out there an enemy of Israel’s and the United clined to trust. praising this administration and their States, a sworn enemy of the United b 2020 meetings inside the hearts of the ad- ministration at the State Department, States, led by people who have sworn It goes on to talk about, and I’ll just in the White House, in the Justice De- to the destruction of the United States read from this: and Israel. partment. They’ve been praised for U.S. Secretary of State Hillary Clinton eliminating all of these references to So it’s a little bit confusing to see clarified that she had discussed the fatwa how this administration could be going with ‘‘experts and religious scholars,’’ and such inappropriate things as ‘‘Islam.’’ about betraying our friend Israel. It also with Turkish Prime Minister Recep Well, this weekend, despite efforts by would seem, when this administration Tayyip Erdogan. At the NATO conference in some in this administration to prevent leaked to the media that our dear Norfolk, Virginia, in early April, she stated: it, a few of us met with our allies, friend and ally Israel was going to uti- ‘‘The other interesting development which members of the national front, one of lize the relationship with Azerbaijan to you may have followed was the repetition by which could be elected the next Presi- attack, that such a release was not the supreme leader, the Ayatollah dent of Afghanistan. These are people Khamenei, that he had issued a fatwa who, while we in America were burying something you would do for a friend against nuclear weapons, against weapons of but, rather, a betrayal of a friend and mass destruction. Prime Minister Erdogan Americans, they were burying family ally. and I discussed this at some length, and I’ve members who had fought with us It appears that those were efforts to discussed with a number of experts and reli- against the Taliban. These are the keep Israel from doing what it needed gious scholars. And if it is indeed a state- enemy of our enemy, the Taliban. They

VerDate Mar 15 2010 05:16 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.138 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2202 CONGRESSIONAL RECORD — HOUSE April 26, 2012 should be our friends, and they are my from 1,600, 1,700 years before Moham- EXECUTIVE COMMUNICATIONS, friends. med existed in the city of Hebron, a ETC. Therefore, when I saw my Muslim King named David ruled for 7 years. He Under clause 2 of rule XIV, executive friends there at the home of my friend then moved the capital up to Jeru- communications were taken from the Massoud, there were big hugs all salem, and a beautiful capital it was. Speaker’s table and referred as follows: around. This administration calls them Some have said, ‘‘Well, where is the war criminals because some of them evidence of the Israelis being in Jeru- 5797. A letter from the Secretary, Com- fight as viciously as the Taliban that salem?’’ Well, we know that Moham- modity Futures Trading Commission, trans- they fight against, but they were med never went to Jerusalem. He had a mitting the Commission’s ‘‘Major’’ final rule — Swap Dealer and Major Swap Participant friends. They fought with us. They did dream, as I understand it at one point, Recordkeeping, Reporting, and Duties Rules; much of our fighting for us before we that he had gone there; but he never Futures Commission Merchant and Intro- became occupiers in Afghanistan. physically went. That’s for sure. But ducing Broker Conflicts of Interest Rules; Yet, when this administration throws here is the current city of Jerusalem. and Chief Compliance Officer Rules for Swap our allies under a bus, it means for This is the city of David here, south of Participants, and Futures Commission Mer- them to stay there. Well, some of us the Temple Mount, Mount Moriah, chants (RIN: 3038-AC96) received April 3, 2012, believe that if we ever hope to have where Abraham went. It’s interesting, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- other allies, then it is critical that we because people have said, gee, where is mittee on Agriculture. treat our allies with respect. We don’t the archeological evidence? And we see 5798. A letter from the Deputy Chief Man- stab them in the back. We don’t throw agement Officer, Department of Defense, people around the country in Hebron transmitting the annual report for FY 2012 them under the bus. But that’s a lesson where Jesse was buried, where his tomb for the Investment Review Board and Invest- hard learned. is, in what I call Shiloh and they were ment Management; to the Committee on There are international reports that calling Sheloh. The Ark of the Cov- Armed Services. say President Karzai may be willing to enant, they’ve found the location, it 5799. A letter from the Acting Under Sec- resign a year early. That’s been heard certainly appears, where it was kept retary, Department of Defense, transmitting different places around the world. Gee, for over 300 years, long before there authorization of 3 officers to wear the au- wow, isn’t that wonderful if Karzai was a Mohammed. thorized insignia of the grade of brigadier would resign a year early. But in meet- People have said, well, where is the general; to the Committee on Armed Serv- ices. ing with my friends who have talked to evidence? It is beginning to show up in some of Karzai’s circle, they point out: droves. Quite interesting, as the arche- 5800. A letter from the Vice Admiral, U.S. Do you in America not understand that Navy, Principal Military Deputy, Depart- ologists have begun to look, they’ve re- ment of Defense, transmitting notice that when this President Karzai says he’s alized, you know what, the city of the Navy intends to donate the destroyer ex- looking at retiring a year early, it’s David may have been south down the EDSON (DD946) to the Saginaw Valley Naval not because he is some big-hearted, hill from where the current Temple Ship Museum; to the Committee on Armed wonderful, democracy-loving person? If Mount is. They began excavating, and Services. he loved democracy, he’d let us elect they found all kinds of dramatic evi- 5801. A letter from the Secretary, Depart- our governors. He’d let us elect our dence of Israel’s existence. It’s dra- ment of Health and Human Services, trans- mayors. But he wants to appoint them, matic. There is no question from the mitting Report to Congress: Tobacco Preven- and he’s not ready to give up power. things that are being found and the tion and Control Activities in the United But the Afghan constitution appar- States, 2008-2009; to the Committee on En- way they’re being dated and the dates ergy and Commerce. ently says that if you’ve served two that are coming to light that Israel ex- 5802. A letter from the Chief of Staff, Media terms, you cannot run for a third term. isted in the land where it has its coun- Bureau, Federal Communications Commis- So, this President Karzai is looking try now. Not just in part, but through- sion, transmitting the Commission’s final at a way, when perhaps if he resigned a out the West Bank. That was Israeli rule — Creation of a Low Power Radio Serv- year early, then he could argue, I territory many, many centuries before ice [MM Docket No.: 99-25] received April 3, didn’t serve two terms. I served 1 year a man named Mohammed lived. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the short of two terms, therefore I can run I’m not attempting to push my reli- Committee on Energy and Commerce. for a third term. gious beliefs on anybody else. These 5803. A letter from the Program Manager, Internal Revenue Service, transmitting the b 2030 are simply the facts of history that we have to look at and understand. Until Service’s final rule — Summary of Benefits Being as how the President of Af- and Coverage and Uniform Glossary [TD we have an administration that stops 9575] (RIN: 1545-BJ94) received April 10, 2012, ghanistan appoints the governors, the blinding those who are supposed to pro- mayors, the chiefs of police, so many of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tect us, we’re in big trouble. So it is mittee on Energy and Commerce. the positions of power in Afghanistan, important that we pay tribute to our it’s quite conceivable that he could en- 5804. A letter from the Secretary, Depart- dear friend Israel, stop the betrayals, ment of Transportation, transmitting the sure that he got elected again next and say thank God for the nation of Department’s annual report prepared in ac- time if he ran a third time. And if he Israel and the dear friend that they are cordance with section 203 of the Notification were to be allowed to run a third time to the United States. and Federal Employee Antidiscrimination and get elected, that puts him beyond With that, I yield back the balance of and Retaliation Act of 2002 (No FEAR Act), Pub. L. No. 107-174; to the Committee on 2014, which means the United States my time. will not be around to enforce the prom- Oversight and Government Reform. ises that President Karzai made. f 5805. A letter from the Assistant Secretary Oh, it’s a hope and prayer that this for Management of Chief Financial Officer, administration will quit living on the LEAVE OF ABSENCE Department of the Treasury, transmitting the Department’s report for fiscal year 2011 false promises of people who say By unanimous consent, leave of ab- on the Acquisition of Articles, Materials, they’re going to help us, but are sworn sence was granted to: and Supplies Manufactured Outside the publicly and privately to destroy our Mr. DAVIS of Kentucky (at the re- United States, pursuant to Public Law 110-28, way of life. And there are those we con- quest of Mr. CANTOR) for today and section 8306; to the Committee on Oversight tinue to hear say, Look, Israel is just April 27 on account of personal reasons. and Government Reform. occupiers. They’re occupiers in this 5806. A letter from the Director, Environ- land. The Palestinians have more f mental Protection Agency, transmitting the claim. But as Newt Gingrich pointed Agency’s annual report for FY 2011 prepared out, the term ‘‘Palestinian’’ is a very ADJOURNMENT in accordance with Section 203 of the Notifi- recent word that found usage. If you go Mr. GOHMERT. Mr. Speaker, I move cation and Federal Employee Antidiscrimi- nation and Retaliation Act of 2002 (No FEAR back, as one reporter did, who ended up that the House do now adjourn. Act), Public Law 107-174; to the Committee being let go, she marveled that these The motion was agreed to; accord- on Oversight and Government Reform. people ought to go back to Poland or ingly (at 8 o’clock and 35 minutes 5807. A letter from the Secretary, Federal wherever they came from, when actu- p.m.), the House adjourned until to- Trade Commission, transmitting the Com- ally if you look at where they came morrow, Friday, April 27, 2012, at 9 a.m. mission’s annual report for Fiscal Year 2011

VerDate Mar 15 2010 06:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K26AP7.139 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2203 prepared in accordance with Section 203 of 5818. A letter from the Senior Program An- REPORTS OF COMMITTEES ON the Notification and Federal Employee Anti- alyst, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS discrimination and Retaliation Act of 2002 mitting the Department’s final rule — (No FEAR Act), Public Law 107-174; to the Standard Instrument Approach Procedures, Under clause 2 of rule XIII, reports of Committee on Oversight and Government and Takeoff Minimums and Obstacle Depar- committees were delivered to the Clerk Reform. ture Procedures; Miscellaneous Amendments for printing and reference to the proper 5808. A letter from the Director, Inter- [Docket No.: 30831; Amdt. No. 3468] received calendar, as follows: national Broadcasting Bureau, transmitting April 9, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. ISSA: Committee on Oversight and the Bureau’s annual report for fiscal year to the Committee on Transportation and In- Government Reform. H.R. 4257. A bill to 2011 on the Notification and Federal Em- frastructure. amend chapter 35 of title 44, United States ployee Antidiscrimination and Retaliation 5819. A letter from the Program Analyst, Code, to revise requirements relating to Fed- (No FEAR) Act of 2002; to the Committee on Department of Transportation, transmitting eral information security, and for other pur- Oversight and Government Reform. the Department’s final rule — Airworthiness poses; with an amendment (Rept. 112–455). 5809. A letter from the Chairman, Merit Directives; General Electric Company (GE) Referred to the Committee of the Whole Systems Protection Board, transmitting the Turbofan Engines [Docket No.: FAA-2006- House on the state of the Union. Board’s annual report for FY 2011 prepared in 2573; Directorate Identifier 2006-NE-27-AD; accordance with the Notification and Fed- Amendment 39-16961; AD 2012-04-05] (RIN: f eral Employee Antidiscrimination and Re- 2120-AA64) received April 2, 2012, pursuant to taliation Act of 2002 (No FEAR Act); to the 5 U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS Committee on Oversight and Government Transportation and Infrastructure. Reform. 5820. A letter from the Program Analyst, Under clause 2 of rule XII, public 5810. A letter from the Associate Commis- Department of Transportation, transmitting bills and resolutions of the following sioner/EEO Director, National Indian Gam- the Department’s final rule — Airworthiness titles were introduced and severally re- ing Commission, transmitting the Commis- Directives; Airplanes Originally Manufac- ferred, as follows: sion’s annual report for FY 2011 prepared in tured by Lockheed for the Military as P2V By Mr. STEARNS (for himself and Ms. accordance with the Notification and Fed- Airplanes [Docket No.: FAA-2012-0107; Direc- MATSUI): eral Employee Antidiscrimination and Re- torate Identifier 2012-NM-018-AD; Amend- H.R. 4817. A bill to require the reallocation taliation Act of 2002 (No FEAR Act), Pub. L. ment 39-16955; AD 2012-03-51] (RIN: 2120-AA64) and auction for commercial use of the elec- 107-174; to the Committee on Oversight and received April 2, 2012, pursuant to 5 U.S.C. tromagnetic spectrum between the fre- Government Reform. 801(a)(1)(A); to the Committee on Transpor- quencies from 1755 megahertz to 1780 mega- 5811. A letter from the Director, Office of tation and Infrastructure. hertz; to the Committee on Energy and Com- EEO and Diversity, Patent and Trademark 5821. A letter from the Program Analyst, merce. Office, transmitting the Office’s annual re- Department of Transportation, transmitting By Mr. GOSAR: port for fiscal year 2011, in accordance with the Department’s final rule — Airworthiness H.R. 4818. A bill to amend the Employee Section 203 of the Notification and Federal Directives; Pratt & Whitney Division Tur- Retirement Income Security Act of 1974 to Employee Antidiscrimination and Retalia- bofan Engines [Docket No.: FAA-2011-0944; ensure health care coverage value and trans- tion Act of 2002 (No FEAR Act), Public Law Directorate Identifier 2011-NE-11-AD; parency for dental benefits under group 107-174; to the Committee on Oversight and Amendment 39-16960; AD 2012-04-04] (RIN: health plans; to the Committee on Education Government Reform. 2120-AA64) received April 2, 2012, pursuant to and the Workforce. 5812. A letter from the EEO Director, Secu- 5 U.S.C. 801(a)(1)(A); to the Committee on By Ms. SCHAKOWSKY: rities and Exchange Commission, transmit- Transportation and Infrastructure. ting the Commission’s annual report for FY 5822. A letter from the Program Analyst, H.R. 4819. A bill to suspend temporarily the 2011 prepared in accordance with the Notifi- Department of Transportation, transmitting duty on certain sound-isolating earphones cation and Federal Employee Antidiscrimi- the Department’s final rule — Airworthiness with multiple balanced armature speakers; nation and Retaliation Act of 2002 (No FEAR Directives; The Boeing Company Airplanes to the Committee on Ways and Means. Act), Pub. L. 107-174; to the Committee on [Docket No.: FAA-2008-0107; Directorate By Ms. SCHAKOWSKY: Oversight and Government Reform. Identifier 2007-NM-087-AD; Amendment 39- H.R. 4820. A bill to suspend temporarily the 5813. A letter from the Deputy Chief, Na- 16965; AD 2012-04-09] (RIN: 2120-AA64) received duty on certain single-driver sound isolating tional Forest System, Department of Agri- April 2, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); earphones; to the Committee on Ways and culture, transmitting the Department’s re- to the Committee on Transportation and In- Means. port on the exterior boundary of Allegheny frastructure. By Ms. SCHAKOWSKY: Wild and Scenic River Allegheny National 5823. A letter from the Program Analyst, H.R. 4821. A bill to suspend temporarily the Forest, pursuant to 16 U.S.C. 1274; to the Department of Transportation, transmitting duty on certain self-contained, single-ele- Committee on Natural Resources. the Department’s final rule — Airworthiness ment unidirectional (cardioid) dynamic 5814. A letter from the Acting Assistant Directives; Bombardier, Inc. Airplanes microphones; to the Committee on Ways and Administrator for Fisheries, Department of [Docket No.: FAA-2011-1230; Directorate Means. Commerce, transmitting the 2011 Report to Identifier 2011-NM-141-AD; Amendment 39- By Mr. BERMAN: Congress on the Disclosure of Financial In- 16964; AD 2012-04-08] (RIN: 2120-AA64) received H.R. 4822. A bill to extend the temporary terest and Recusal Requirements for Re- April 2, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); suspension of duty on certain shopping bags; gional Fishery Management Councils and to the Committee on Transportation and In- to the Committee on Ways and Means. Scientific and Statistical Committees; to the frastructure. By Mr. BERMAN: Committee on Natural Resources. 5824. A letter from the Chairman, Depart- H.R. 4823. A bill to suspend temporarily the 5815. A letter from the Trial Attorney, De- ment of Transportation, Surface Transpor- duty on spun-bonded, non-woven, high-den- partment of Transportation, transmitting tation Board, transmitting the Department’s sity polyethylene materials; to the Com- the Department’s final rule — Railroad final rule — Waybill Data Released in Three- mittee on Ways and Means. Workplace Safety; Adjustment-Track On- Benchmark Rail Rate Proceedings [Docket By Mr. BERMAN: Track Safety for Roadway Workers [Docket No. EP 646 (Sub-No. 3)] received April 11, H.R. 4824. A bill to suspend temporarily the No.: FRA-2008-0059, Notice No. 5] (RIN: 2130- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the duty on non-woven recycled polyethylene AB96), pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Transportation and Infra- terephthalate; to the Committee on Ways the Committee on Transportation and Infra- structure. and Means. structure. 5825. A letter from the Federal Register Li- By Mr. SULLIVAN (for himself, Mr. 5816. A letter from the Attorney Advisor, aison Officer, Department of the Treasury, TERRY, Mr. ROSS of Florida, and Mr. Department of Transportation, transmitting transmitting the Department’s final rule — FLORES): the Department’s final rule — Value Engi- Establishment of the Wisconsin Ledge H.R. 4825. A bill to amend the Congres- neering [FHWA Docket No.: FHWA-2011-0046] Viticultural Area [Docket No.: TTB-2011- sional Budget Act of 1974 to establish a point (RIN: 2125-AF40) received April 2, 2012, pursu- 0007; T.D. TTB-102; Re: Notice No. 121] (RIN: of order to prohibit the extension of the stat- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1513-AB82) received April 9, 2012, pursuant to utory debt limit unless a concurrent resolu- on Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on tion on the budget has been agreed to and is 5817. A letter from the Senior Program An- Ways and Means. in effect, Federal spending is cut and capped, alyst, Department of Transportation, trans- 5826. A letter from the Federal Register Li- and a balanced budget amendment to the mitting the Department’s final rule — aison Officer, Department of the Treasury, constitution has been sent to the States for Standard Instrument Approach Procedures, transmitting the Department’s final rule — ratification, and for other purposes; to the and Takeoff Minimums and Obstacle Depar- Labeling Imported Wines With Multistate Committee on Rules, and in addition to the ture Procedures; Miscellaneous Amendments Appellations [Docket No.: TTB-2010-0007; Committee on the Budget, for a period to be [Docket No.: 30832; Amdt. No. 3469] received T.D. TTB-101; Re: Notice No.: 110] (RIN: 1513- subsequently determined by the Speaker, in April 11, 2012, pursuant to 5 U.S.C. AB58) received April 9, 2012, pursuant to 5 each case for consideration of such provi- 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on sions as fall within the jurisdiction of the tation and Infrastructure. Ways and Means. committee concerned.

VerDate Mar 15 2010 05:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\L26AP7.000 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2204 CONGRESSIONAL RECORD — HOUSE April 26, 2012 By Mr. DAVIS of Kentucky: resins; to the Committee on Ways and with trimethylamine; to the Committee on H.R. 4826. A bill to amend the Internal Rev- Means. Ways and Means. enue Code of 1986 to allow additional invest- By Mr. DAVIS of Kentucky: By Mr. ANDREWS: ment credits for qualifying supercritical ad- H.R. 4845. A bill to suspend temporarily the H.R. 4855. A bill to extend the temporary vanced coal projects; to the Committee on duty on TFM; to the Committee on Ways and suspension of duty on Diaminodecane; to the Ways and Means. Means. Committee on Ways and Means. By Mr. NUNNELEE: By Ms. BALDWIN: By Mr. ANDREWS: H.R. 4827. A bill to suspend temporarily the H.R. 4846. A bill to prevent mail, tele- H.R. 4856. A bill to extend the temporary duty on certain aluminum alloy foil; to the marketing, and Internet fraud targeting sen- suspension of duty on 1,1,2-2- Committee on Ways and Means. iors in the United States, to promote efforts Tetrafluoroethene, oxidized, polymerized; to By Mr. NUNNELEE: to increas public awareness of the enormous the Committee on Ways and Means. H.R. 4828. A bill to suspend temporarily the impact that mail, telemarketing, and Inter- By Mr. ANDREWS: duty on certain aluminum alloy profiles; to net fraud have on seniors, to educate the H.R. 4857. A bill to extend the temporary the Committee on Ways and Means. public, seniors, their families, and their suspension of duty on Vinylidene chloride- By Mr. NUNNELEE: caregivers about how to identify and combat methyl methacrylate-acrylonitrile copoly- H.R. 4829. A bill to suspend temporarily the fraudulent activity, and for other purposes; mer; to the Committee on Ways and Means. duty on used camshafts and crankshafts for to the Committee on the Judiciary, and in By Mr. ANDREWS: diesel engines; to the Committee on Ways addition to the Committee on Energy and H.R. 4858. A bill to extend the temporary and Means. Commerce, for a period to be subsequently reduction of duty on p-Hydroxybenzoic acid; By Mr. WILSON of South Carolina: H.R. 4830. A bill to suspend temporarily the determined by the Speaker, in each case for to the Committee on Ways and Means. duty on certain glass fibers and articles consideration of such provisions as fall with- By Mr. ANDREWS: thereof; to the Committee on Ways and in the jurisdiction of the committee con- H.R. 4859. A bill to suspend temporarily the Means. cerned. rate of duty on 1,1,2-2-Tetrafluoro- By Mr. WILSON of South Carolina: By Mr. FLORES (for himself and Mr. ethylene,oxidized, polymerized, reduced; to H.R. 4831. A bill to suspend temporarily the GENE GREEN of Texas): the Committee on Ways and Means. rate of duty on Ammonium polyphosphate; H.R. 4847. A bill to prevent certain dis- By Mr. ANDREWS: to the Committee on Ways and Means. criminatory taxation of natural gas pipeline H.R. 4860. A bill to suspend temporarily the By Mr. WILSON of South Carolina: property; to the Committee on the Judici- rate of duty on Vinyldine fluoride- H.R. 4832. A bill to suspend temporarily the ary. trifluoroethylene copolymer; to the Com- rate of duty on 1-Propene, polymer with By Mr. CLARKE of Michigan (for him- mittee on Ways and Means. ethene; to the Committee on Ways and self, Mr. LEWIS of Georgia, Mr. CON- By Mr. ANDREWS: Means. YERS, Mr. GEORGE MILLER of Cali- H.R. 4861. A bill to suspend temporarily the By Mr. WILSON of South Carolina: fornia, Mr. CLEAVER, Ms. KAPTUR, rate of duty on Chlorotrifluoroethylene; to H.R. 4833. A bill to extend the temporary Mr. GRIJALVA, Ms. WATERS, Mr. CAR- the Committee on Ways and Means. suspension of duty on Phosphinic acid, SON of Indiana, Mr. JACKSON of Illi- By Mr. ANDREWS: diethyl-, aluminum salt with synergists and nois, Ms. CLARKE of New York, and H.R. 4862. A bill to suspend temporarily the encapsulating agents; to the Committee on Mr. ELLISON): rate of duty on Diphosphoric acid, polymers Ways and Means. H.R. 4848. A bill to save neighborhoods and with ethoxylated reduced methyl esters of By Mr. WILSON of South Carolina: keep families in their homes by encouraging reduced polymerized oxidized tetrafluoro- H.R. 4834. A bill to extend the temporary mortgage loan modifications and suspending ethylene; to the Committee on Ways and suspension of duty on Phosphinic acid, foreclosures and evictions; to the Committee Means. diethyl-, aluminum salt; to the Committee on the Judiciary, and in addition to the By Mr. ANDREWS: on Ways and Means. Committee on Financial Services, for a pe- H.R. 4863. A bill to suspend temporarily the By Mr. WILSON of South Carolina: riod to be subsequently determined by the rate of duty on 4,4’-Dichlorodiphenyl sulfone; H.R. 4835. A bill to extend the temporary Speaker, in each case for consideration of to the Committee on Ways and Means. suspension of duty on 1,4- such provisions as fall within the jurisdic- By Mr. ANDREWS: Benzenedicarboxylic acid, polymer with tion of the committee concerned. H.R. 4864. A bill to suspend temporarily the N,NNBis( 2-aminoethyl)-1,2-ethanediamine, By Mr. NUNES (for himself, Mr. rate of duty on 1,2-Propanediol, 3- cyclized, methosulfate; to the Committee on MCCARTHY of California, Mr. (diethylamino)-, polymers with 5-isocyanato- Ways and Means. DENHAM, and Mr. MCCLINTOCK): 1- (isocyanatomethyl)-1,3,3- By Mr. WILSON of South Carolina: H.R. 4849. A bill to direct the Secretary of trimethylcyclohexane, propylene glycol and H.R. 4836. A bill to extend the temporary the Interior to issue commercial use author- reduced Me esters of reduced polymd. suspension of duty on cyanuric chloride; to izations to commercial stock operators for oxidized tetrafluoroethylene, 2-ethyl-1- the Committee on Ways and Means. operations in designated wilderness within hexanol-blocked, acetates (salts); to the By Mr. WILSON of South Carolina: the Sequoia and Kings Canyon National Committee on Ways and Means. H.R. 4837. A bill to suspend temporarily the Parks, and for other purposes; to the Com- By Mr. ANDREWS: rate of duty on Zinc diethylphosphinate; to mittee on Natural Resources. H.R. 4865. A bill to extend the temporary the Committee on Ways and Means. By Mr. ADERHOLT: suspension of duty on Oxiranemethanol, By Mr. WILSON of South Carolina: H.R. 4850. A bill to allow for innovations polymers with reduced methyl esters of re- H.R. 4838. A bill to suspend temporarily the and alternative technologies that meet or duced polymerized oxidized tetrafluoro- rate of duty on Fluoroalkyl acrylic exceed desired energy efficiency goals; to the ethylene; to the Committee on Ways and copolymerisates dispersed in water; to the Committee on Energy and Commerce. Means. Committee on Ways and Means. By Mr. ANDREWS: By Mr. ANDREWS: By Mr. WILSON of South Carolina: H.R. 4851. A bill to extend the temporary H.R. 4866. A bill to extend the temporary H.R. 4839. A bill to extend the temporary suspension of duty on 1-Propene, 1,1,2,3,3,3- suspension of duty on ethene, tetrafluoro, suspension of duty on Sulfur black 1; to the oxidized, polymerized reduced, methyl Committee on Ways and Means. hexafluoro-, oxidized, polymerized, reduced esters, reduced, ethoxylated; to the Com- By Mr. WILSON of South Carolina: hydrolyzed; to the Committee on Ways and H.R. 4840. A bill to extend the temporary Means. mittee on Ways and Means. suspension of duty on certain manufacturing By Mr. ANDREWS: By Mr. ANDREWS: equipment; to the Committee on Ways and H.R. 4852. A bill to extend the temporary H.R. 4867. A bill to suspend temporarily the Means. suspension of duty on Ethene, tetrafluoro, rate of duty on certain licorice extract de- By Mr. WILSON of South Carolina: oxidized, polymerized reduced, methyl rivatives; to the Committee on Ways and H.R. 4841. A bill to extend the temporary esters, reduced; to the Committee on Ways Means. suspension of duty on certain manufacturing and Means. By Mr. ANDREWS: equipment; to the Committee on Ways and By Mr. ANDREWS: H.R. 4868. A bill to suspend temporarily the Means. H.R. 4853. A bill to extend the temporary rate of duty on extract of licorice; to the By Mr. WILSON of South Carolina: suspension of duty on Methoxycarbonyl-ter- Committee on Ways and Means. H.R. 4842. A bill to extend the temporary minated perfluorinated polyoxymethylene- By Mr. BOSWELL (for himself and Mr. suspension of duty on certain manufacturing polyoxyethylene; to the Committee on Ways LOEBSACK): equipment; to the Committee on Ways and and Means. H.R. 4869. A bill to direct the Secretary of Means. By Mr. ANDREWS: Defense and the Secretary of Veterans Af- By Mr. RUNYAN: H.R. 4854. A bill to extend the temporary fairs to jointly conduct a study on the inci- H.R. 4843. A bill to extend the suspension of suspension of duty on Propanoic acid, 3-hy- dence of breast cancer among members of duty on certain ion-exchange resins; to the droxy-2-(hydroxymethyl)-2-,methyl polymers the Armed Forces and veterans; to the Com- Committee on Ways and Means. with 5-isocyanato-1-(isocyanatomethyl)- mittee on Armed Services, and in addition to By Mr. RUNYAN: 1,3,3-trimethylcyclohexane and reduced the Committee on Veterans’ Affairs, for a pe- H.R. 4844. A bill to extend the temporary methyl esters of reduced polymerized, riod to be subsequently determined by the suspension of duty on certain ion-exchange oxidized tetrafluoroethylene, compounds Speaker, in each case for consideration of

VerDate Mar 15 2010 05:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\L26AP7.100 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2205 such provisions as fall within the jurisdic- dimethylbenzamide; to the Committee on By Mr. CLARKE of Michigan: tion of the committee concerned. Ways and Means. H.R. 4907. A bill to suspend temporarily the By Mr. CAMPBELL: By Mrs. CAPITO: duty on Lucirin TPO; to the Committee on H.R. 4870. A bill to suspend temporarily the H.R. 4888. A bill to suspend temporarily the Ways and Means. duty on certain non-toric shaped polarized duty on Picoxystrobin; to the Committee on By Mr. CLARKE of Michigan: materials of more than 80 mm in diameter; Ways and Means. H.R. 4908. A bill to suspend temporarily the to the Committee on Ways and Means. By Mrs. CAPITO: duty on certain high pressure fuel pumps; to By Mr. CAMPBELL: H.R. 4889. A bill to suspend temporarily the the Committee on Ways and Means. H.R. 4871. A bill to suspend temporarily the duty on A5546 sulfonamide; to the Com- By Mr. CLARKE of Michigan: duty on certain toric shaped polarized mate- mittee on Ways and Means. H.R. 4909. A bill to suspend temporarily the rials; to the Committee on Ways and Means. By Mrs. CAPITO: duty on certain hybrid electric vehicle in- By Mr. CAMPBELL: H.R. 4890. A bill to reduce temporarily the verters; to the Committee on Ways and H.R. 4872. A bill to suspend temporarily the duty on ethylene/tetrafluoroethylene copoly- Means. duty on certain non-toric shaped polarized mer (ETFE); to the Committee on Ways and By Mr. CLARKE of Michigan: materials of 80 mm or less in diameter; to Means. H.R. 4910. A bill to suspend temporarily the duty on certain direct injection fuel the Committee on Ways and Means. By Mr. CARNAHAN: injectors; to the Committee on Ways and By Mrs. CAPITO: H.R. 4891. A bill to suspend temporarily the Means. H.R. 4873. A bill to suspend temporarily the duty on certain work footwear for men; to By Mr. CLARKE of Michigan: duty on mixtures containing Imidacloprid the Committee on Ways and Means. By Mr. CARNAHAN: H.R. 4911. A bill to suspend temporarily the and Thiodicarb; to the Committee on Ways duty on lithium ion electrical storage bat- and Means. H.R. 4892. A bill to suspend temporarily the duty on certain work footwear for women; to tery; to the Committee on Ways and Means. By Mrs. CAPITO: By Mr. CLARKE of Michigan: H.R. 4874. A bill to suspend temporarily the the Committee on Ways and Means. By Mr. CARNAHAN: H.R. 4912. A bill to suspend temporarily the duty on mixtures containing duty on motor generator units; to the Com- Thiencarbazone-methyl, Isoxaflutole, and H.R. 4893. A bill to suspend temporarily the duty on certain work footwear for women mittee on Ways and Means. Cyprosulfamide; to the Committee on Ways By Mr. COFFMAN of Colorado (for and Means. covering the ankle; to the Committee on Ways and Means. himself and Mr. COOPER): By Mrs. CAPITO: H.R. 4913. A bill to require designated mili- H.R. 4875. A bill to modify and extend the By Mr. CARNAHAN: H.R. 4894. A bill to suspend temporarily the tary command responsibility and account- temporary reduction of duty on mixtures of ability for the care, handling, and transpor- imidacloprid with application adjuvants; to duty on certain work footwear for men cov- ering the ankle; to the Committee on Ways tation of the remains of a deceased member the Committee on Ways and Means. of the Army, Navy, Air Force, or Marine and Means. By Mrs. CAPITO: Corps who died overseas, from the place of H.R. 4876. A bill to extend the temporary By Mr. CARNAHAN: H.R. 4895. A bill to suspend temporarily the death, through the defense mortuary system, reduction of duty on Imidacloprid; to the until the remains are accepted by the mem- duty on certain work boots for men; to the Committee on Ways and Means. ber’s next of kin, in order to ensure that the Committee on Ways and Means. By Mrs. CAPITO: deceased member is treated with dignity, H.R. 4877. A bill to reduce temporarily the By Mr. CARNAHAN: H.R. 4896. A bill to suspend temporarily the honor, and respect; to the Committee on duty on mixtures containing Imidacloprid duty on certain work boots for women; to Armed Services. and Cyfluthrin or its β-Cyfluthrin isomer; to the Committee on Ways and Means. By Mr. COSTA: the Committee on Ways and Means. H.R. 4914. A bill to suspend temporarily the By Mr. CARNAHAN: duty on mixtures containing Fluopyram and By Mrs. CAPITO: H.R. 4897. A bill to suspend temporarily the H.R. 4878. A bill to suspend temporarily the Tebuconazole; to the Committee on Ways duty on certain women’s footwear with outer duty on 1-Naphthyl, N-methylcarbamate; to and Means. soles and uppers of rubber or plastics and the Committee on Ways and Means. By Mr. DOYLE: valued over $6.50 but not over $12 per pair; to By Mrs. CAPITO: H.R. 4915. A bill to suspend temporarily the the Committee on Ways and Means. H.R. 4879. A bill to reduce temporarily the duty on Agilon 400; to the Committee on By Mr. CARNAHAN: Ways and Means. duty on Penflufen; to the Committee on H.R. 4898. A bill to suspend temporarily the Ways and Means. By Mr. DOYLE: duty on certain women’s footwear with outer H.R. 4916. A bill to suspend temporarily the By Mrs. CAPITO: soles and uppers of rubber or plastics and H.R. 4880. A bill to extend the suspension of duty on Brine Electrolysis Ion Exchange Ap- valued over $12 but not over $20 per pair; to duty on ion-exchange resin powder, dried to paratus; to the Committee on Ways and the Committee on Ways and Means. less than 10 percent moisture; to the Com- Means. By Mr. CARNAHAN: By Mrs. ELLMERS: mittee on Ways and Means. H.R. 4899. A bill to suspend temporarily the By Mrs. CAPITO: H.R. 4917. A bill to extend the temporary duty on certain women’s platform footwear; suspension of duty on ceiling fans for perma- H.R. 4881. A bill to extend the suspension of to the Committee on Ways and Means. duty on an ion exchange resin comprising a nent installation; to the Committee on Ways By Mr. CARNAHAN: and Means. copolymer of styrene crosslinked with H.R. 4900. A bill to suspend temporarily the divinylbenzene, iminodiacetic acid, sodium By Ms. FUDGE: duty on certain women’s footwear with outer H.R. 4918. A bill to suspend temporarily the form; to the Committee on Ways and Means. soles of rubber or plastics and uppers of tex- By Mrs. CAPITO: duty on sodium thiocyanate; to the Com- tile materials and leather; to the Committee mittee on Ways and Means. H.R. 4882. A bill to extend the suspension of on Ways and Means. duty on an ion exchange resin comprising a By Mr. GENE GREEN of Texas: By Mr. CARNAHAN: H.R. 4919. A bill to suspend temporarily the copolymer of styrene crosslinked with H.R. 4901. A bill to extend the temporary duty on Para-methoxyphenol; to the Com- ethenylbenzene, aminophosphonic acid, so- suspension of duty on certain women’s sports mittee on Ways and Means. dium form; to the Committee on Ways and footwear; to the Committee on Ways and By Mr. GENE GREEN of Texas: Means. Means. H.R. 4920. A bill to extend the temporary By Mrs. CAPITO: By Mr. CARTER: suspension of duty on mixtures or coprecip- H.R. 4883. A bill to suspend temporarily the H.R. 4902. A bill to suspend temporarily the itates of yttrium phosphate and cerium duty on IMIDACLOPRID; to the Committee duty on photomask blanks; to the Com- phosphate; to the Committee on Ways and on Ways and Means. mittee on Ways and Means. Means. By Mrs. CAPITO: By Mr. CLARKE of Michigan: By Mr. GENE GREEN of Texas: H.R. 4884. A bill to extend the temporary H.R. 4903. A bill to suspend temporarily the H.R. 4921. A bill to suspend temporarily the suspension of duty on 2-Phenylphenol so- duty on power electronic boxes and static duty on Tertiobutyl catechol flakes; to the dium salt; to the Committee on Ways and converter composite units; to the Committee Committee on Ways and Means. Means. on Ways and Means. By Mr. GENE GREEN of Texas: By Mrs. CAPITO: By Mr. CLARKE of Michigan: H.R. 4922. A bill to extend the temporary H.R. 4885. A bill to extend the temporary H.R. 4904. A bill to suspend temporarily the suspension of duty on phosphoric acid, lan- suspension of duty on 2- duty on stator/rotor parts; to the Committee thanum salt, cerium terbium-doped; to the Hydroxypropylmethyl cellulose; to the Com- on Ways and Means. Committee on Ways and Means. mittee on Ways and Means. By Mr. CLARKE of Michigan: By Mr. HANNA: By Mrs. CAPITO: H.R. 4905. A bill to suspend temporarily the H.R. 4923. A bill to suspend temporarily the H.R. 4886. A bill to extend the temporary duty on Tinopal OB CO; to the Committee on duty on germanium unwrought; to the Com- suspension of duty on 2-Phenylphenol; to the Ways and Means. mittee on Ways and Means. Committee on Ways and Means. By Mr. CLARKE of Michigan: By Mr. HANNA: By Mrs. CAPITO: H.R. 4906. A bill to suspend temporarily the H.R. 4924. A bill to suspend temporarily the H.R. 4887. A bill to suspend temporarily the duty on Uvinul 3039; to the Committee on duty on germanium oxides; to the Com- duty on 2-amino-5-cyano-N,3- Ways and Means. mittee on Ways and Means.

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By Mr. HANNA: By Mr. LATOURETTE: By Mr. RUPPERSBERGER: H.R. 4925. A bill to suspend temporarily the H.R. 4940. A bill to extend the temporary H.R. 4959. A bill to suspend temporarily the duty on gallium unwrought; to the Com- suspension of duty on 1-Octadecanaminium, rate of duty on Oleo Cassia; to the Com- mittee on Ways and Means. N,N-dimethyl-N-octadecyl-,(Sp-4-2)- mittee on Ways and Means. By Mr. HARRIS (for himself and Mr. [29H,31H-phthalocyanine-2-sulfonato(3-)- By Mr. RUPPERSBERGER: CARNEY): κN29,κN30, κN31, κN32]cuprate(1-); to the H.R. 4960. A bill to suspend temporarily the H.R. 4926. A bill to extend and modify the Committee on Ways and Means. rate of duty on Oleo Capsicum; to the Com- temporary suspension of duty on certain By Mr. LATOURETTE: mittee on Ways and Means. women’s footwear; to the Committee on H.R. 4941. A bill to extend the temporary By Mr. RUPPERSBERGER: Ways and Means. suspension of duty on 2-Oxepanone, polymer H.R. 4961. A bill to suspend temporarily the By Mr. HARRIS (for himself and Mr. with aziridine and tetrahydro- 2H-pyran-2- rate of duty on Oleo Ginger; to the Com- CARNEY): one, dodecanoate ester; to the Committee on mittee on Ways and Means. H.R. 4927. A bill to extend and modify the Ways and Means. By Mr. RUPPERSBERGER: temporary suspension of duty on certain By Mr. LATOURETTE: H.R. 4962. A bill to suspend temporarily the men’s footwear; to the Committee on Ways H.R. 4942. A bill to suspend temporarily the rate of duty on Oleo Celery; to the Com- and Means. duty on Ethylene-Propylene polymer; to the mittee on Ways and Means. By Mr. HARRIS (for himself and Mr. Committee on Ways and Means. By Mr. SHERMAN (for himself and Mr. CARNEY): By Mr. LATOURETTE: HINCHEY): H.R. 4928. A bill to extend and modify the H.R. 4943. A bill to suspend temporarily the H.R. 4963. A bill to address the concept of temporary suspension of duty on certain duty on mixtures of alkali metal phenate, ‘‘Too Big To Fail’’ with respect to certain fi- men’s footwear; to the Committee on Ways mineral oil, and p-Dodecylphenol; to the nancial entities; to the Committee on Finan- and Means. Committee on Ways and Means. cial Services. By Mr. HARRIS (for himself and Mr. By Mr. LATOURETTE: By Mr. WATT: CARNEY): H.R. 4944. A bill to suspend temporarily the H.R. 4964. A bill to suspend temporarily the H.R. 4929. A bill to extend and modify the duty on Sensomer CT-400; to the Committee duty on benzenesulfonyl chloride; to the temporary suspension of duty on certain on Ways and Means. Committee on Ways and Means. women’s footwear; to the Committee on By Mr. LATOURETTE: By Mr. BOREN: Ways and Means. H.R. 4945. A bill to suspend temporarily the H. Res. 634. A resolution honoring RSU By Mr. HUIZENGA of Michigan: duty on D-Galacto-D-mannan; to the Com- Public Television on the occasion of its 25th H.R. 4930. A bill to extend the temporary mittee on Ways and Means. anniversary; to the Committee on Education suspension of duty on 4-Chloro-2-nitro- By Mr. LATOURETTE: and the Workforce. aniline; to the Committee on Ways and H.R. 4946. A bill to suspend temporarily the Means. f duty on Benzene, polypropene derivatives; to By Mr. HUIZENGA of Michigan: the Committee on Ways and Means. CONSTITUTIONAL AUTHORITY H.R. 4931. A bill to extend and modify the STATEMENT temporary reduction of duty on 3,3’- By Mr. MICHAUD: Dichlorobenzidine dihydrochloride ([1,1’- H.R. 4947. A bill to extend and modify the Pursuant to clause 7 of rule XII of biphenyl]- 4,4’- diamino, 3,3’-dichloro-); to temporary reduction of duty on certain the Rules of the House of Representa- the Committee on Ways and Means. rayon staple fibers; to the Committee on Ways and Means. tives, the following statements are sub- By Mr. HUIZENGA of Michigan: mitted regarding the specific powers H.R. 4932. A bill to suspend temporarily the By Mrs. NOEM: duty on Polyalkene Yellow (4A100); to the H.R. 4948. A bill to amend the Federal Crop granted to Congress in the Constitu- Committee on Ways and Means. Insurance Act to extend certain supple- tion to enact the accompanying bill or By Mr. KIND (for himself, Mr. SENSEN- mental agricultural disaster assistance pro- joint resolution. BRENNER, Ms. MOORE, Mr. ENGEL, Mr. grams through fiscal year 2017, and for other By Mr. STEARNS: ISRAEL, Mr. TONKO, and Mr. RIBBLE): purposes; to the Committee on Agriculture. H.R. 4817. H.R. 4933. A bill to authorize the award of By Mr. OWENS: Congress has the power to enact this legis- the Medal of Honor to First Lieutenant H.R. 4949. A bill to suspend temporarily the lation pursuant to the following: Alonzo H. Cushing for acts of valor during duty on certain bulk container bags; to the Article I, § 8, clause 3, the Commerce the Civil War; to the Committee on Armed Committee on Ways and Means. Clause: To regulate Commerce with foreign Services. By Mr. OWENS: Nations, and among the several States, and By Mr. LATOURETTE: H.R. 4950. A bill to suspend temporarily the with the Indian Tribes. H.R. 4934. A bill to extend the temporary duty on certain drive-axles; to the Com- By Mr. GOSAR: suspension of duty on 4,8-Dicyclohexyl -6- mittee on Ways and Means. H.R. 4818. 2,10-dimethyl -12H-dibenzo[d,g][1,3,2]- By Mr. OWENS: Congress has the power to enact this legis- dioxaphosphocin; to the Committee on Ways H.R. 4951. A bill to suspend temporarily the lation pursuant to the following: and Means. duty on non-driving axles; to the Committee This legislation is being introduced in By Mr. LATOURETTE: on Ways and Means. order to amend ERISA—which was passed H.R. 4935. A bill to extend the temporary By Mr. OWENS: based on a combination of Article 1 Section suspension of duty on mixtures of zinc H.R. 4952. A bill to suspend temporarily the 8 Clause 3 (commerce clause) and Article 1 dicyanato diamine with an elastomer binder duty on gear boxes; to the Committee on Section 8 Clause 18 (the necessary and proper of ethylene-propylene-diene monomer and Ways and Means. clause). ethyl vinyl acetate, and dispersing agents; to By Mr. PASCRELL (for himself and By Ms. SCHAKOWSKY: the Committee on Ways and Means. Mr. BILBRAY): H.R. 4819. By Mr. LATOURETTE: H.R. 4953. A bill to amend the Internal Rev- Congress has the power to enact this legis- H.R. 4936. A bill to extend the temporary enue Code of 1986 to provide a credit for the lation pursuant to the following: suspension of duty on mixtures of production of renewable chemicals; to the The constitutional authority on which this benzenesulfonic acid, dodecyl-, with 2- Committee on Ways and Means. bill rests is the power of Congress to lay and aminoethanol and Poly (oxy-1,2-ethanediyl), By Mr. PETRI: collect duties and to regulate Commerce α-[1-oxo-9- octadecenyl]- w-hydroxy-, (9Z); to H.R. 4954. A bill to suspend temporarily the with foreign Nations, as enumerated in Arti- the Committee on Ways and Means. duty on certain compression-ignition inter- cle I, Section 8. By Mr. LATOURETTE: nal combustion piston engines; to the Com- By Ms. SCHAKOWSKY: H.R. 4937. A bill to extend the temporary mittee on Ways and Means. H.R. 4820. suspension of duty on mixtures of NN-(3,4- By Mr. PETRI: Congress has the power to enact this legis- dichloro-phenyl)-N,Ndimethylurea with ac- H.R. 4955. A bill to suspend temporarily the lation pursuant to the following: rylate rubber; to the Committee on Ways duty on certain programmable controllers; The constitutional authority on which this and Means. to the Committee on Ways and Means. bill rests is the power of Congress to lay and By Mr. LATOURETTE: By Mr. RUPPERSBERGER: collect duties and to regulate Commerce H.R. 4938. A bill to extend the temporary H.R. 4956. A bill to suspend temporarily the with foreign Nations, as enumerated in Arti- suspension of duty on mixtures of rate of duty on Oleo Turmeric; to the Com- cle I, Section 8. caprolactam disulfide with an elastomer mittee on Ways and Means. By Ms. SCHAKOWSKY: binder of ethylene-propylene-diene monomer By Mr. RUPPERSBERGER: H.R. 4821. and ethyl vinyl acetate, and dispersing H.R. 4957. A bill to suspend temporarily the Congress has the power to enact this legis- agents; to the Committee on Ways and rate of duty on Oleo Black Pepper; to the lation pursuant to the following: Means. Committee on Ways and Means. The constitutional authority on which this By Mr. LATOURETTE: By Mr. RUPPERSBERGER: bill rests is the power of Congress to lay and H.R. 4939. A bill to suspend temporarily the H.R. 4958. A bill to suspend temporarily the collect duties and to regulate Commerce duty on Aflux 37; to the Committee on Ways rate of duty on Oleo White Pepper; to the with foreign Nations, as enumerated in Arti- and Means. Committee on Ways and Means. cle I, Section 8.

VerDate Mar 15 2010 05:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\L26AP7.100 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2207 By Mr. BERMAN: ing Clause: ‘‘The Congress shall have Power States; but all Duties, Imposts and Excises H.R. 4822. To lay and collect Taxes, Duties, Imposts shall be uniform throughout the United The United States Constitution, Article I, and Excises, to pay the Debts and provide for States.’’ Section 8. the common Defence and general Welfare of By Mr. WILSON of South Carolina: By Mr. BERMAN: the United States; but all Duties, Imposts H.R. 4837. H.R. 4823. and Excises shall be uniform throughout the Congress has the power to enact this legis- Congress has the power to enact this legis- United States. lation pursuant to the following: Article I, lation pursuant to the following: By Mr. WILSON of South Carolina: Section 8, Clause 1. ‘‘The Congress shall have The United States Constitution, Article I, H.R. 4830. Power To lay and collect Taxes, Duties, Im- Section 8. Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- By Mr. BERMAN: lation pursuant to the following: vide for the common Defence and general H.R. 4824. Article I, Section 8, Clause 1. ‘‘The Con- Welfare of the United States; but all Duties, Congress has the power to enact this legis- gress shall have Power To lay and collect Imposts and Excises shall be uniform lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay throughout the United States.’’ The United States Constitution, Article I, the Debts and provide for the common By Mr. WILSON of South Carolina: Section 8. Defence and general Welfare of the United H.R. 4838. By Mr. SULLIVAN: States; but all Duties, Imposts and Excises H.R. 4825. Congress has the power to enact this legis- shall be uniform throughout the United lation pursuant to the following: Congress has the power to enact this legis- States.’’ lation pursuant to the following: Article I, Section 8, Clause 1. ‘‘The Con- By Mr. WILSON of South Carolina: gress shall have Power To lay and collect Article I, Section 8, Clause 1 H.R. 4831. Taxes, Duties, Imposts and Excises, to pay ‘‘The Congress shall have Power . . . To Congress has the power to enact this legis- the Debts and provide for the common lay and collect Taxes, Duties, Imposts and lation pursuant to the following: Defence and general Welfare of the United Excises, to pay the Debts and provide for the Article I, Section 8, Clause 1. ‘‘The Con- States; but all Duties, Imposts and Excises common Defense and general Welfare of the gress shall have Power To lay and collect shall be uniform throughout the United United States; but all Duties, Imposts and Taxes, Duties, Imposts and Excises, to pay States.’’ Excises shall be uniform throughout the the Debts and provide for the common By Mr. WILSON of South Carolina: United States.’’ Defence and general Welfare of the United Article V States; but all Duties, Imposts and Excises H.R. 4839. ‘‘The Congress shall have power . . . when- shall be uniform throughout the United Congress has the power to enact this legis- ever two thirds of both Houses shall deem it States.’’ lation pursuant to the following: necessary, shall propose Amendments to this By Mr. WILSON of South Carolina: Article I, Section 8, Clause 1. ‘‘The Con- Constitution, or, on the Application of the H.R. 4832. gress shall have Power To lay and collect Legislatures of two thirds of the several Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay States, shall call a Convention for proposing lation pursuant to the following: the Debts and provide for the common Amendments, which in either Case, shall be Article I, Section 8, Clause 1. ‘‘The Con- Defence and general Welfare of the United valid to all Intents and Purposes, as Part of gress shall have Power To lay and collect States; but all Duties, Imposts and Excises this Constitution, when ratified by the Leg- Taxes, Duties, Imposts and Excises, to pay shall be uniform throughout the United islatures of three fourths of the several the Debts and provide for the common States.’’ States or by Conventions in three fourths Defence and general Welfare of the United By Mr. WILSON of South Carolina: thereof, as the one or the other Mode of States; but all Duties, Imposts and Excises H.R. 4840. Ratification may be proposed by the Con- shall be uniform throughout the United Congress has the power to enact this legis- gress; Provided that no Amendment which States.’’ lation pursuant to the following: may be made prior to the Year One thousand By Mr. WILSON of South Carolina: Article I, Section 8, Clause 1. ‘‘The Con- eight hundred and eight shall in any Manner H.R. 4833. gress shall have Power To lay and collect affect the first and fourth Clauses in the Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay Ninth Section of the first Article; and that lation pursuant to the following: the Debts and provide for the common no State, without its Consent, shall be de- Article I, Section 8, Clause 1. ‘‘The Con- Defence and general Welfare of the United prived of its equal Suffrage in the Senate.’’ gress shall have Power To lay and collect States; but all Duties, Imposts and Excises By Mr. DAVIS of Kentucky: Taxes, Duties, Imposts and Excises, to pay shall be uniform throughout the United H.R. 4826. the Debts and provide for the common States.’’ Congress has the power to enact this legis- Defence and general Welfare of the United By Mr. WILSON of South Carolina: lation pursuant to the following: States; but all Duties, Imposts and Excises H.R. 4841. Article I, Section 8 of the United States shall be uniform throughout the United Congress has the power to enact this legis- Constitution and Amendment XVI of the States.’’ lation pursuant to the following: United States Constitution. By Mr. WILSON of South Carolina: Article I, Section 8, Clause 1. ‘‘The Con- By Mr. NUNNELEE: H.R. 4834. gress shall have Power To lay and collect H.R. 4827. Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay Congress has the power to enact this legis- lation pursuant to the following: the Debts and provide for the common lation pursuant to the following: Article I, Section 8, Clause 1. ‘‘The Con- Defence and general Welfare of the United Article I, Section 8, Clause 1 of the United gress shall have Power To lay and collect States; but all Duties, Imposts and Excises States Constitution, the Taxing and Spend- Taxes, Duties, Imposts and Excises, to pay shall be uniform throughout the United ing Clause: ‘‘The Congress shall have Power the Debts and provide for the common States.’’ To lay and collect Taxes, Duties, Imposts Defence and general Welfare of the United By Mr. WILSON of South Carolina: and Excises, to pay the Debts and provide for States; but all Duties, Imposts and Excises H.R. 4842. the common Defence and general Welfare of shall be uniform throughout the United Congress has the power to enact this legis- the United States; but all Duties, Imposts States.’’ lation pursuant to the following: and Excises shall be uniform throughout the By Mr. WILSON of South Carolina: Article I, Section 8, Clause 1. ‘‘The Con- United States. H.R.4835. gress shall have Power To lay and collect By Mr. NUNNELEE: Congress has the power to enact this legis- H.R. 4828. lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay Congress has the power to enact this legis- Article I, Section 8, Clause 1. ‘‘The Con- the Debts and provide for the common lation pursuant to the following: gress shall have Power To lay and collect Defence and general Welfare of the United Article I, Section 8, Clause 1 of the United Taxes, Duties, Imposts and Excises, to pay States; but all Duties, Imposts and Excises States Constitution, the Taxing and Spend- the Debts and provide for the common shall be uniform throughout the United ing Clause: ‘‘The Congress shall have Power Defence and general Welfare of the United States.’’ To lay and collect Taxes, Duties, Imposts States; but all Duties, Imposts and Excises By Mr. RUNYAN: and Excises, to pay the Debts and provide for shall be uniform throughout the United H.R. 4843. the common Defence and general Welfare of States.’’ Congress has the power to enact this legis- the United States; but all Duties, Imposts By Mr. WILSON of South Carolina: lation pursuant to the following: and Excises shall be uniform throughout the H.R.4836. The Commerce clause Article 1, Section 8, United States. Congress has the power to enact this legis- clause 3 of the Constitution By Mr. NUNNELEE: lation pursuant to the following: By Mr. RUNYAN: H.R. 4829. Article I, Section 8, Clause 1. ‘‘The Con- H.R. 4844. Congress has the power to enact this legis- gress shall have Power To lay and collect Congress has the power to enact this legis- lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: Article I, Section 8, Clause 1 of the United the Debts and provide for the common The Commerce clause Article 1, Section 8, States Constitution, the Taxing and Spend- Defence and general Welfare of the United clause 3 of the Constitution

VerDate Mar 15 2010 06:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.062 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2208 CONGRESSIONAL RECORD — HOUSE April 26, 2012 By Mr. DAVIS of Kentucky: By Mr. ANDREWS: Article I, Section 8, Clause 18 of the Con- H.R. 4845. H.R. 4857. stitution of the United States of America. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. CAMPBELL: lation pursuant to the following: lation pursuant to the following: H.R. 4870. Article I, Section 8, Clause 1 Article I, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- The Congress shall have Power To lay and stitution to lay and collect taxes, duties, im- lation pursuant to the following: Clause 1 of collect Taxes, Duties, Imposts and Excises, posts, and excises. section 8 of article I of the Constitution of to pay the Debts and provide for the common By Mr. ANDREWS: the United States. Defence and general Welfare of the United H.R. 4858. By Mr. CAMPBELL: States; but all Duties, Imposts and Excises Congress has the power to enact this legis- H.R. 4871. shall be uniform throughout the United lation pursuant to the following: Congress has the power to enact this legis- States; Article I, Section 8, Clause 1 of the Con- lation pursuant to the following: Clause 1 of By Ms. BALDWIN: stitution to lay and collect taxes, duties, im- section 8 of article I of the Constitution of H.R. 4846. posts, and excises. the United States. Congress has the power to enact this legis- By Mr. ANDREWS: By Mr. CAMPBELL: lation pursuant to the following: H.R. 4859. H.R. 4872. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to Article 1, Section 8 of the lation pursuant to the following: lation pursuant to the following: Clause 1 of Constitution of the United States. Article I, Section 8, Clause 1 of the Con- section 8 of article I of the Constitution of By Mr. FLORES: stitution to lay and collect taxes, duties, im- the United States. H.R. 4847. posts, and excises. By Mrs. CAPITO: Congress has the power to enact this legis- By Mr. ANDREWS: H.R. 4873. lation pursuant to the following: H.R. 4860. Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the Con- Congress has the power to enact this legis- lation pursuant to the following: stitution of the United States. lation pursuant to the following: Article I, Section 8, Clause 1 (power to lay By Mr. CLARKE of Michigan: Article I, Section 8, Clause 1 of the Con- and collect taxes, duties, imposts, and ex- H.R. 4848. stitution to lay and collect taxes, duties, im- cises) Article I, Section 8, Clause 18 (necessary Congress has the power to enact this legis- posts, and excises. and proper clause) lation pursuant to the following: By Mr. ANDREWS: Clause 3 of Section 8 of Article I of the H.R. 4861. By Mrs. CAPITO: H.R. 4874. Congress has the power to enact this legis- United States Constitution and Clause 18 of Congress has the power to enact this legis- lation pursuant to the following: Section 8 of Article I of the United States lation pursuant to the following: Constitution. Article I, Section 8, Clause 1 of the Con- Article I, Section 8, Clause 1 (power to lay By Mr. NUNES: stitution to lay and collect taxes, duties, im- and collect taxes, duties, imposts, and ex- H.R. 4849. posts, and excises. cises) Congress has the power to enact this legis- By Mr. ANDREWS: Article I, Section 8, Clause 18 (necessary lation pursuant to the following: H.R. 4862. and proper clause) Clause 2 of section 3 of article IV of the Congress has the power to enact this legis- By Mrs. CAPITO: Constitution of the United States. lation pursuant to the following: H.R. 4875. By Mr. ADERHOLT: Article I, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- H.R. 4850. stitution to lay and collect taxes, duties, im- lation pursuant to the following: Congress has the power to enact this legis- posts, and excises. Article I, Section 8, Clause 1 (power to lay lation pursuant to the following: By Mr. ANDREWS: and collect taxes, duties, imposts, and ex- Article I, Section 8, Clause 3—The Com- H.R. 4863. cises) merce Clause and Article I, Section 8, Clause Congress has the power to enact this legis- Article I, Section 8, Clause 18 (necessary 18—Necessary and Proper Clause. lation pursuant to the following: and proper clause) By Mr. ANDREWS: Article I, Section 8, Clause 1 of the Con- By Mrs. CAPITO: H.R. 4851. stitution to lay and collect taxes, duties, im- H.R. 4876. Congress has the power to enact this legis- posts, and excises. Congress has the power to enact this legis- lation pursuant to the following: By Mr. ANDREWS: lation pursuant to the following: Article I, Section 8, Clause 1 of the Con- H.R. 4864. Article I, Section 8, Clause 1 (power to lay stitution to lay and collect taxes, duties, im- Congress has the power to enact this legis- and collect taxes, duties, imposts, and ex- posts, and excises. lation pursuant to the following: cises) By Mr. ANDREWS: Article I, Section 8, Clause 1 of the Con- Article I, Section 8, Clause 18 (necessary H.R. 4852. stitution to lay and collect taxes, duties, im- and proper clause) Congress has the power to enact this legis- posts, and excises. By Mrs. CAPITO: lation pursuant to the following: By Mr. ANDREWS: H.R. 4877. Article I, Section 8, Clause 1 of the Con- H.R. 4865. Congress has the power to enact this legis- stitution to lay and collect taxes, duties, im- Congress has the power to enact this legis- lation pursuant to the following: posts, and excises. lation pursuant to the following: Article I, Section 8, Clause 1 (power to lay By Mr. ANDREWS: Article I, Section 8, Clause 1 of the Con- and collect taxes, duties, imposts, and ex- H.R. 4853. stitution to lay and collect taxes, duties, im- cises) Congress has the power to enact this legis- posts, and excises. Article I, Section 8, Clause 18 (necessary lation pursuant to the following: By Mr. ANDREWS: and proper clause) Article I, Section 8, Clause 1 of the Con- H.R. 4866. By Mrs. CAPITO: stitution to lay and collect taxes, duties, im- Congress has the power to enact this legis- H.R. 4878. Congress has the power to enact this legis- posts, and excises. lation pursuant to the following: lation pursuant to the following: By Mr. ANDREWS: Article I, Section 8, Clause 1 of the Con- Article I, Section 8, Clause 1 (power to lay H.R. 4854. stitution to lay and collect taxes, duties, im- and collect taxes, duties, imposts, and ex- Congress has the power to enact this legis- posts, and excises. cises) lation pursuant to the following: By Mr. ANDREWS: Article I, Section 8, Clause 18 (necessary Article I, Section 8, Clause 1 of the Con- H.R. 4867. and proper clause) stitution to lay and collect taxes, duties, im- Congress has the power to enact this legis- By Mrs. CAPITO: posts, and excises. lation pursuant to the following: H.R. 4879. By Mr. ANDREWS: Article I, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- H.R. 4855. stitution to lay and collect taxes, duties, im- lation pursuant to the following: Congress has the power to enact this legis- posts, and excises. Article I, Section 8, Clause 1 (power to lay lation pursuant to the following: By Mr. ANDREWS: and collect taxes, duties, imposts, and ex- Article I, Section 8, Clause 1 of the Con- H.R. 4868. cises) stitution to lay and collect taxes, duties, im- Congress has the power to enact this legis- Article I, Section 8, Clause 18 (necessary posts, and excises. lation pursuant to the following: and proper clause) By Mr. ANDREWS: Article I, Section 8, Clause 1 of the Con- By Mrs. CAPITO: H.R. 4856. stitution to lay and collect taxes, duties, im- H.R. 4880. Congress has the power to enact this legis- posts, and excises. Congress has the power to enact this legis- lation pursuant to the following: By Mr. BOSWELL: lation pursuant to the following: Article I, Section 8, Clause 1 of the Con- H.R. 4869. Article I, Section 8, Clause 1 (power to lay stitution to lay and collect taxes, duties, im- Congress has the power to enact this legis- and collect taxes, duties, imposts, and ex- posts, and excises. lation pursuant to the following: cises)

VerDate Mar 15 2010 05:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.064 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2209 Article I, Section 8, Clause 18 (necessary Article I, Section 8, Clause 18 (necessary of the United States, which shall consist of a and proper clause) and proper clause) Senate and a House of Representatives.’’ By Mrs. CAPITO: By Mr. CARNAHAN: By Mr. CARTER: H.R. 4881. H.R. 4891. H.R. 4902. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 1 (power to lay Article I, Section 1. ‘‘All legislative Powers Article I, Section 8, Clause 1: The Congress and collect taxes, duties, imposts, and ex- herein granted shall be vested in a Congress shall have Power to lay and collect Taxes, cises) of the United States, which shall consist of a Duties, Imposts and Excises, to pay the Article I, Section 8, Clause 18 (necessary Senate and a House of Representatives.’’ Debts and provide for the common Defence and proper clause) By Mr. CARNAHAN: and general Welfare of the United States; but By Mrs. CAPITO: H.R. 4892. all Duties, Imposts and Excises shall be uni- H.R. 4882. Congress has the power to enact this legis- form throughout the United States. Congress has the power to enact this legis- lation pursuant to the following: By Mr. CLARKE of Michigan: lation pursuant to the following: Article I, Section 1. ‘‘All legislative Powers H.R. 4903. Article I, Section 8, Clause 1 (power to lay herein granted shall be vested in a Congress Congress has the power to enact this legis- and collect taxes, duties, imposts, and ex- of the United States, which shall consist of a lation pursuant to the following: clause 3 of section 8 of article I of the Con- cises) Senate and a House of Representatives.’’ Article I, Section 8, Clause 18 (necessary stitution. By Mr. CARNAHAN: and proper clause) H.R. 4893. By Mr. CLARKE of Michigan: H.R. 4904. By Mrs. CAPITO: Congress has the power to enact this legis- H.R. 4883. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 1. ‘‘All legislative Powers lation pursuant to the following: clause 3 of section 8 of article I of the Con- Article I, Section 8, Clause 1 (power to lay herein granted shall be vested in a Congress stitution. and collect taxes, duties, imposts, and ex- of the United States, which shall consist of a By Mr. CLARKE of Michigan: cises) Senate and a House of Representatives.’’ H.R. 4905. Article I, Section 8, Clause 18 (necessary By Mr. CARNAHAN: Congress has the power to enact this legis- and proper clause) H.R. 4894. lation pursuant to the following: By Mrs. CAPITO: Congress has the power to enact this legis- clause 3 of section 8 of article I of the Con- H.R. 4884. lation pursuant to the following: stitution. Congress has the power to enact this legis- Article I, Section 1. ‘‘All legislative Powers By Mr. CLARKE of Michigan: lation pursuant to the following: herein granted shall be vested in a Congress H.R. 4906. Article I, Section 8, Clause 1 (power to lay of the United States, which shall consist of a Congress has the power to enact this legis- and collect taxes, duties, imposts, and ex- Senate and a House of Representatives.’’ lation pursuant to the following: cises) By Mr. CARNAHAN: clause 3 of section 8 of article I of the Con- Article I, Section 8, Clause 18 (necessary H.R. 4895. stitution. and proper clause) Congress has the power to enact this legis- By Mr. CLARKE of Michigan: By Mrs. CAPITO: lation pursuant to the following: H.R. 4907. H.R. 4885. Article I. Section 1. ‘‘All legislative Powers Congress has the power to enact this legis- Congress has the power to enact this legis- herein granted shall be vested in a Congress lation pursuant to the following: clause 3 of section 8 of article I of the Con- lation pursuant to the following: of the United States, which shall consist of a Article I, Section 8, Clause 1 (power to lay Senate and a House of Representatives.’’ stitution. and collect taxes, duties, imposts, and ex- By Mr. CARNAHAN: By Mr. CLARKE of Michigan: H.R. 4908. cises) H.R. 4896. Congress has the power to enact this legis- Article I, Section 8, Clause 18 (necessary Congress has the power to enact this legis- lation pursuant to the following: and proper clause) lation pursuant to the following: clause 3 of section 8 of article I of the Con- By Mrs. CAPITO: Article I. Section 1. ‘‘All legislative Powers stitution. H.R. 4886. herein granted shall be vested in a Congress Congress has the power to enact this legis- By Mr. CLARKE of Michigan: of the United States, which shall consist of a H.R. 4909. lation pursuant to the following: Senate and a House of Representatives.’’ Congress has the power to enact this legis- Article I, Section 8, Clause 1 (power to lay By Mr. CARNAHAN: lation pursuant to the following: and collect taxes, duties, imposts, and ex- H.R. 4897. clause 3 of section 8 of article I of the Con- cises) Congress has the power to enact this legis- stitution. Article I, Section 8, Clause 18 (necessary lation pursuant to the following: By Mr. CLARKE of Michigan: and proper clause) Article I. Section 1. ‘‘All legislative Powers H.R. 4910. By Mrs. CAPITO: herein granted shall be vested in a Congress Congress has the power to enact this legis- H.R. 4887. of the United States, which shall consist of a lation pursuant to the following: Congress has the power to enact this legis- Senate and a House of Representatives.’’ clause 3 of section 8 of article I of the Con- lation pursuant to the following: By Mr. CARNAHAN: stitution. Article I, Section 8, Clause 1 (power to lay H.R. 4898. By Mr. CLARKE of Michigan: and collect taxes, duties, imposts, and ex- Congress has the power to enact this legis- H.R. 4911. cises) lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 18 (necessary Article I. Section 1. ‘‘All legislative Powers lation pursuant to the following: and proper clause) herein granted shall be vested in a Congress clause 3 of section 8 of article I of the Con- By Mrs. CAPITO: of the United States, which shall consist of a stitution. H.R. 4888. By Mr. CLARKE of Michigan: Congress has the power to enact this legis- Senate and a House of Representatives.’’ By Mr. CARNAHAN: H.R. 4912. lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 1 (power to lay H.R. 4899. Congress has the power to enact this legis- lation pursuant to the following: and collect taxes, duties, imposts, and ex- clause 3 of section 8 of article I of the Con- lation pursuant to the following: cises) stitution. Article I, Section 1. ‘‘All legislative Powers Article I, Section 8, Clause 18 (necessary By Mr. COFFMAN of Colorado: herein granted shall be vested in a Congress and proper clause) H.R. 4913. By Mrs. CAPITO: of the United States, which shall consist of a Congress has the power to enact this legis- H.R. 4889. Senate and a House of Representatives.’’ lation pursuant to the following: Congress has the power to enact this legis- By Mr. CARNAHAN: The constitutional authorities on which lation pursuant to the following: H.R. 4900. this bill rests are: Article I, Section 8, Clause 1 (power to lay Congress has the power to enact this legis- The power of Congress ‘‘to make rules for and collect taxes, duties, imposts, and ex- lation pursuant to the following: the government and regulation of the land cises) Article I. Section 1. ‘‘All legislative Powers and naval forces’’ in Article I, Section 8, Article I, Section 8, Clause 18 (necessary herein granted shall be vested in a Congress Clause 14 of the United States Constitution. and proper clause) of the United States, which shall consist of a By Mr. COSTA: By Mrs. CAPITO: Senate and a House of Representatives.’’ H.R. 4914. H.R. 4890. By Mr. CARNAHAN: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 4901. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article 1, Sec. 8, ‘‘The Congress shall have Article I, Section 8, Clause 1 (power to lay lation pursuant to the following: Power To lay and collect Taxes, Duties, Im- and collect taxes, duties, imposts, and ex- Article I, Section 1. ‘‘All legislative Powers posts and Excises, to pay the Debts and pro- cises) herein wanted shall be vested in a Congress vide for the common Defence and general

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Welfare of the United States: but all Duties, vide for the common Defence and general By Mr. LATOURETTE: Imposts and Excises shall be uniform Welfare of the United States; but all Duties, H.R. 4934. throughout the United States;’’ Imposts and Excises shall be uniform Congress has the power to enact this legis- By Mr. DOYLE: throughout the United States.’’ lation pursuant to the following: H.R. 4915. By Mr. HANNA: Article 1 Section 8 Clause 1 of the US Con- Congress has the power to enact this legis- H.R. 4923. stitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. LATOURETTE: The constitutional authority on which this lation pursuant to the following: H.R. 4935. bill rests is the power of Congress to lay and This bill is enacted pursuant to Section 8 Congress has the power to enact this legis- collect duties and to regulate Commerce of Article I of the United States Constitu- lation pursuant to the following: with foreign Nations, as enumerated in Arti- tion. Article 1 Section 8 Clause 1 of the US Con- cle I, Section 8. By Mr. HANNA: stitution. By Mr. DOYLE: H.R. 4924. By Mr. LATOURETTE: H.R. 4916. Congress has the power to enact this legis- H.R. 4936. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: This bill is enacted pursuant to Section 8 lation pursuant to the following: The constitutional authority on which this of Article I of the United States Constitu- Article 1 Section 8 Clause 1 of the US Con- bill rests is the power of Congress to lay and tion. stitution. collect duties and to regulate Commerce By Mr. HANNA: By Mr. LATOURETTE: with foreign Nations, as enumerated in Arti- H.R. 4925. H.R. 4937. cle I, Section 8. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mrs. ELLMERS: lation pursuant to the following: lation pursuant to the following: H.R. 4917. This bill is enacted pursuant to Section 8 Article 1 Section 8 Clause 1 of the US Con- Congress has the power to enact this legis- of Article I of the United States Constitu- stitution. lation pursuant to the following: tion. By Mr. LATOURETTE: Article I, Section 8. Clause I. the Congress By Mr. HARRIS: H.R. 4938. shall have Power To lay and collect. Taxes, H.R. 4926. Congress has the power to enact this legis- Duties, Imposts and Excises, to pay the Congress has the power to enact this lation pursuant to the following: Debts and provide for the common Defence legislatiion pursuant to the following: Article 1 Section 8 Clause 1 of the US Con- and general Welfare of the United States; but Clause 1 of Section 8 of Article 1 of the stitution. all Duties, Imposts and Excises shall be uni- Constitution of the United States. By Mr. LATOURETTE: form throughout the United States; By Mr. HARRIS: H.R. 4939. By extension of this Clause, Congress may H.R. 4927. Congress has the power to enact this legis- also set the level of said duties including Congress has the power to enact this legis- lation pursuant to the following: lowering them to zero where warranted. lation pursuant to the following: Article 1 Section 8 Clause 1 of the US Con- By Ms. FUDGE: Clause 1 of Section 8 of Article 1 of the stitution. H.R. 4918. Constitution of the United States. By Mr. LATOURETTE: Congress has the power to enact this legis- By Mr. HARRIS: H.R. 4940. lation pursuant to the following: H.R. 4928. Congress has the power to enact this legis- The constitutional authority on which this Congress has the power to enact this legis- lation pursuant to the following: bill rests is the power of Congress to lay and lation pursuant to the following: Article 1 Section 8 Clause 1 of the US Con- collect duties and to regulate Commerce Clause 1 of Section 8 of Article 1 of the stitution. with foreign Nations, as enumerated in Arti- Constitution of the United States. By Mr. LATOURETTE: cle I, Section 8. 6 By Mr. HARRIS: H.R. 4941. By Mr. GENE GREEN of Texas: H.R. 4929. Congress has the power to enact this legis- H.R. 4919. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article 1 Section 8 Clause 1 of the US Con- lation pursuant to the following: Clause 1 of Section 8 of Article 1 of the stitution. Article I, Section 8, Clause 1 of the U.S. Constitution of the United States. By Mr. LATOURETTE: Constitution—‘‘The Congress shall have By Mr. HUIZENGA of Michigan: H.R. 4942. Power to lay and collect Taxes, Duties, Im- H.R. 4930. Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- Congress has the power to enact this legis- lation pursuant to the following: vide for the common Defence and general lation pursuant to the following: Article 1 Section 8 Clause 1 of the US Con- Welfare of the United States; but all Duties, Pursuant to the power granted to Congress stitution. Imposts and Excises shall be uniform under Article I, Section 8, Clause 3 of the By Mr. LATOURETTE: throughout the United States.’’ United States Constitution, which states the H.R. 4943. By Mr. GENE GREEN of Texas: Congress shall have the power ‘‘To regulate Congress has the power to enact this legis- H.R. 4920. Commerce with foreign Nations.’’ lation pursuant to the following: Congress has the power to enact this legis- By Mr. HUIZENGA of Michigan: Article 1 Section 8 Clause 1 of the US Con- lation pursuant to the following: H.R. 4931. stitution. Article I, Section 8, Clause 1 of the U.S. Congress has the power to enact this legis- By Mr. LATOURETTE: Constitution—‘‘The Congress shall have lation pursuant to the following: H.R. 4944. Power to lay and collect Taxes, Duties, Im- Pursuant to the power granted to Congress Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- under Article I, Section 8, Clause 3 of the lation pursuant to the following: vide for the common Defence and general United States Constitution, which states the Article 1 Section 8 Clause 1 of the US Con- Welfare of the United States; but all Duties, Congress shall have the power ‘‘To regulate stitution. Imposts and Excises shall be uniform Commerce with foreign Nations.’’ By Mr. LATOURETTE: throughout the United States.’’ By Mr. HUIZENGA of Michigan: H.R. 4945. By Mr. GENE GREEN of Texas: H.R. 4932. Congress has the power to enact this legis- H.R. 4921. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article 1 Section 8 Clause 1 of the US Con- lation pursuant to the following: Pursuant to the power granted to Congress stitution. Article I, Section 8, Clause 1 of the U.S. under Article I, Section 8, Clause 3 of the By Mr. LATOURETTE: Constitution—‘‘The Congress shall have United States Constitution, which states the H.R. 4946. Power to lay and collect Taxes, Duties, Im- Congress shall have the power ‘‘To regulate Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- Commerce with foreign Nations.’’ lation pursuant to the following: vide for the common Defence and general By Mr. KIND: Article 1 Section 8 Clause 1 of the US Con- Welfare of the United States; but all Duties, H.R. 4933. stitution. Imposts and Excises shall be uniform Congress has the power to enact this legis- By Mr. MICHAUD: throughout the United States.’’ lation pursuant to the following: H.R. 4947. By Mr. GENE GREEN of Texas: The constitutional authority on which this Congress has the power to enact this legis- H.R. 4922. bill rests is the power of Congress ‘‘to pro- lation pursuant to the following: Congress has the power to enact this legis- vide for the common Defence’’, ‘‘to raise and Article I, Section 8, Clause 3 of the United lation pursuant to the following: support Armies’’, ‘‘to provide and maintain a States Constitution. Article I, Section 8, Clause 1 of the U.S. Navy’’ and ‘‘to make Rules for the Govern- By Mrs. NOEM: Constitution—‘‘The Congress shall have ment and Regulation of the land and naval H.R. 4948. Power to lay and collect Taxes, Duties, Im- Forces’’ as enumerated in Article I, section 8 Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- of the United States Constitution. lation pursuant to the following:

VerDate Mar 15 2010 06:28 Apr 27, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A26AP7.070 H26APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 26, 2012 CONGRESSIONAL RECORD — HOUSE H2211 Article I, Section 8, Clause 3, the Com- By Mr. RUPPERSBERGER: ADDITIONAL SPONSORS merce Clause. H.R. 4957. By Mr. OWENS: Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors H.R. 4949. lation pursuant to the following: were added to public bills and resolu- Congress has the power to enact this legis- Article I, Section 8, Clause 18 tions as follows: lation pursuant to the following: The Congress shall have Power to make all H.R. 23: Mr. ROSS of Arkansas. Article 1, Section 8, Clause 3, which gives Laws which shall be necessary and proper for H.R. 85: Ms. WATERS and Mr. OLVER. Congress the power ‘‘to regulate commerce carrying into Execution the foregoing Pow- H.R. 157: Mr. GOSAR. with foreign nations, and among the several ers, and all other Powers vested by the Con- H.R. 218: Ms. WATERS. states, and with the Indian tribes.’’ stitution in the Government of the United H.R. 327: Mr. PASCRELL. By Mr. OWENS: States, or in any Department or Officer H.R. 329: Mr. STEARNS, Mr. PETRI, and Mr. H.R. 4950. thereof. PETERSON. Congress has the power to enact this legis- By Mr. RUPPERSBERGER: H.R. 361: Mr. LOBIONDO. lation pursuant to the following: H.R. 4958. H.R. 365: Mr. GALLEGLY. Article 1, Section 8, Clause 3, which gives Congress has the power to enact this legis- H.R. 374: Mr. GRIMM. Congress the power ‘‘to regulate commerce lation pursuant to the following: H.R. 409: Mr. PETRI. with foreign nations, and among the several Article I, Section 8, Clause 18 H.R. 451: Mrs. MILLER of Michigan and Mr. states, and with the Indian tribes.’’ The Congress shall have Power to make all ANDREWS. By Mr. OWENS: Laws which shall be necessary and proper for H.R. 459: Mr. PETERSON. H.R. 4951. carrying into Execution the foregoing Pow- H.R. 721: Mr. PRICE of Georgia. Congress has the power to enact this legis- ers, and all other Powers vested by the Con- H.R. 743: Mr. MCGOVERN. lation pursuant to the following: stitution in the Government of the United H.R. 807: Mr. COOPER. Article 1, Section 8, Clause 3, which gives States, or in any Department or Officer H.R. 860: Ms. WATERS. Congress the power ‘‘to regulate commerce thereof. H.R. 885: Mr. MCNERNEY, Mr. DAVIS of Illi- with foreign nations, and among the several By Mr. RUPPERSBERGER: nois, Mr. OWENS, Mr. LUJA´ N, Ms. HANABUSA, states, and with the Indian tribes.’’ H.R. 4959. Ms. MCCOLLUM, Mr. LARSON of Connecticut, By Mr. OWENS: Congress has the power to enact this legis- Mr. CLAY, and Mr. PASTOR of Arizona. H.R. 4952. lation pursuant to the following: H.R. 1006: Mr. RANGEL. Congress has the power to enact this legis- Article I, Section 8, Clause 18 H.R. 1190: Mr. THOMPSON of California, Mr. lation pursuant to the following: The Congress shall have Power to make all SCHOCK, and Mr. DOGGETT. Article 1, Section 8, Clause 3, which gives Laws which shall be necessary and proper for H.R. 1375: Mr. CLARKE of Michigan, Mr. Congress the power ‘‘to regulate commerce carrying into Execution the foregoing Pow- MCDERMOTT, and Mr. SHERMAN. with foreign nations, and among the several ers, and all other Powers vested by the Con- H.R. 1386: Mr. SHERMAN, Ms. LORETTA SAN- states, and with the Indian tribes.’’ stitution in the Government of the United CHEZ of California, Mr. BRADY of Pennsyl- By Mr. PASCRELL: States, or in any Department or Officer vania, Mr. DAVIS of Illinois, Mr. BLU- H.R. 4953. thereof. MENAUER, Ms. CHU, Mr. CROWLEY, Mr. ROS- Congress has the power to enact this legis- By Mr. RUPPERSBERGER: KAM, Mr. NEAL, Mr. HIGGINS, Mr. HEINRICH, lation pursuant to the following: H.R. 4960. Mr. BOSWELL, Mr. SMITH of Washington, and Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. CLARKE of Michigan. lation pursuant to Article I, Section 8, lation pursuant to the following: H.R. 1543: Ms. NORTON. Clause 3 of the United States Constitution. Article I, Section 8, Clause 18 H.R. 1592: Mr. LOBIONDO. By Mr. PETRI: The Congress shall have Power to make all H.R. 1639: Ms. BUERKLE. H.R. 4954. Laws which shall be necessary and proper for H.R. 1684: Mr. HIGGINS. Congress has the power to enact this legis- carrying into Execution the foregoing Pow- H.R. 1697: Mr. MEEHAN. lation pursuant to the following: ers, and all other Powers vested by the Con- H.R. 1845: Mr. HECK, Mr. MCGOVERN, Mr. Article I, Section 8, Clause 1 of the U.S. stitution in the Government of the United PETRI, Mrs. CAPPS, Ms. TSONGAS, and Mr. Constitution which states: ‘‘The Congress States, or in any Department or Officer HARPER. shall have Power To lay and collect Taxes, thereof. H.R. 1955: Mr. MEEHAN. Duties, Imposts and Excises, to pay the By Mr. RUPPERSBERGER: H.R. 1957: Mrs. MALONEY. Debts and provide for the common Defense H.R. 4961. H.R. 1960: Ms. BALDWIN. and general Welfare of the United States; but Congress has the power to enact this legis- H.R. 1968: Mr. FORTENBERRY. all Duties, Imposts and Excises shall be uni- lation pursuant to the following: H.R. 2051: Mr. YODER. form throughout the United States;’’ Article I, Section 8, Clause 18 H.R. 2069: Mr. PALLONE and Mr. ANDREWS. AND The Congress shall have Power to make all H.R. 2108: Mr. GOSAR and Mr. JOHNSON of Article I, Section 8, Clause 3 of the U.S. Laws which shall be necessary and proper for Ohio. Constitution which grants Congress the carrying into Execution the foregoing Pow- H.R. 2134: Ms. PINGREE of Maine. power ‘‘To regulate Commerce with foreign ers, and all other Powers vested by the Con- H.R. 2161: Mrs. NAPOLITANO. Nations, and among the several States, and stitution in the Government of the United H.R. 2185: Mr. FILNER. with the Indian Tribes;’’ States, or in any Department or Officer H.R. 2206: Mrs. ROBY. By Mr. PETRI: thereof. H.R. 2230: Mr. SABLAN. H.R. 4955. By Mr. RUPPERSBERGER: H.R. 2245: Ms. BONAMICI. Congress has the power to enact this legis- H.R. 4962. H.R. 2269: Mr. HANNA. lation pursuant to the following: Congress has the power to enact this legis- H.R. 2299: Mr. WESTMORELAND and Mr. Article I, Section 8, Clause 1 of the U.S. lation pursuant to the following: LOBIONDO. Constitution which states: ‘‘The Congress Article I, Section 8, Clause 18 H.R. 2429: Mr. YODER. shall have Power To lay and collect Taxes, The Congress shall have Power to make all H.R. 2569: Mr. HULTGREN. Duties, Imposts and Excises, to pay the Laws which shall be necessary and proper for H.R. 2697: Mr. TIBERI. Debts and provide for the common Defense carrying into Execution the foregoing Pow- H.R. 2810: Mr. CONAWAY and Mr. NUNNELEE. and general Welfare of the United States; but ers, and all other Powers vested by the Con- H.R. 2888: Mr. YODER. all Duties, Imposts and Excises shall be uni- stitution in the Government of the United H.R. 2962: Mr. HANNA. form throughout the United States;’’ States, or in any Department or Officer H.R. 3032: Mr. BOSWELL. AND thereof. H.R. 3125: Ms. ZOE LOFGREN of California. Article I, Section 8, Clause 3 of the U.S. By Mr. SHERMAN: H.R. 3126: Mr. ROTHMAN of New Jersey. Constitution which grants Congress the H.R. 4963. H.R. 3173: Mr. WITTMAN and Mr. DEFAZIO. power ‘‘To regulate Commerce with foreign Congress has the power to enact this legis- H.R. 3187: Mr. ROSKAM and Mr. GALLEGLY. Nations, and among the several States, and lation pursuant to the following: H.R. 3238: Mr. BERG and Mr. ROGERS of with the Indian Tribes;’’ Article I, Section 8, Clause 3 (the Com- Kentucky. By Mr. RUPPERSBERGER: merce Clause). H.R. 3368: Ms. PINGREE of Maine. H.R. 4956. By Mr. WATT: H.R. 3395: Mr. DENT. Congress has the power to enact this legis- H.R. 4964. H.R. 3433: Mr. SCOTT of South Carolina. lation pursuant to the following: Congress has the power to enact this legis- H.R. 3461: Mr. BARLETTA, Mr. GUTIERREZ, Article I, Section 8, Clause 18 lation pursuant to the following: Mr. CONAWAY, and Mr. SCHRADER. The Congress shall have Power to make all Article I, Section 8, Clause 1 of the United H.R. 3596: Mr. GUTIERREZ and Ms. TSONGAS. Laws which shall be necessary and proper for States Constitution, the Taxing and Spend- H.R. 3609: Mr. SCOTT of South Carolina. carrying into Execution the foregoing Pow- ing Clause: ‘‘The Congress shall have the H.R. 3665: Ms. PINGREE of Maine. ers, and all other Powers vested by the Con- Power To lay and collect Taxes, Duties, Im- H.R. 3679: Mr. LATOURETTE, Mr. LARSEN of stitution in the Government of the United posts and Excises, to pay the Debts and pro- Washington, Ms. FUDGE, Mr. SCHRADER, Mr. States, or in any Department or Officer vide for the common Defence and general FALEOMAVAEGA, and Ms. LINDA T. SA´ NCHEZ of thereof. Welfare of the United States . . .’’ California.

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H.R. 3704: Ms. MOORE, Mr. NADLER, and Mr. H.R. 4201: Mr. JONES and Mr. KLINE. GINS, Ms. MCCOLLUM, Mr. CARNEY, Mr. DAVID BERMAN. H.R. 4202: Mr. CLARKE of Michigan and Ms. SCOTT of Georgia, Mr. LOEBSACK, Mr. ROTH- H.R. 3728: Mr. ROSS of Florida, Mr. FUDGE. MAN of New Jersey, Mr. MARKEY, and Ms. SOUTHERLAND, Mr. WESTMORELAND, and Mr. H.R. 4222: Mr. PASTOR of Arizona. SPEIER. YODER. H.R. 4229: Mr. BRALEY of Iowa, Mrs. H.J. Res. 106: Mr. DANIEL E. LUNGREN of H.R. 3737: Mr. MEEHAN. HARTZLER, Mr. PAULSEN, and Mr. MCGOVERN. California. H.R. 3803: Ms. BUERKLE, Mr. PRICE of Geor- H.R. 4243: Mr. SHUSTER, Ms. BUERKLE, and H.J. Res. 107: Mr. CANSECO. gia, Mr. LATHAM, Mr. MICA, Mr. CRENSHAW, Mr. CLAY. H. Con. Res. 115: Mr. BUCHANAN, Mr. PAUL- Mr. AMODEI, Mr. RENACCI, Mr. SESSIONS, Mr. H.R. 4257: Mr. VAN HOLLEN. SEN, Mr. TURNER of Ohio, Mr. AMODEI, Mr. NUGENT, Mr. YOUNG of Florida, and Mr. TUR- H.R. 4269: Mr. COBLE. MCKINLEY, Mr. SCHILLING, and Mrs. NOEM. NER of Ohio. H.R. 4271: Mr. CICILLINE, Ms. SUTTON, Mr. H. Con. Res. 120: Mr. CICILLINE and Mr. H.R. 3826: Mr. CUELLAR, Mr. MARKEY, and DOGGETT, and Mr. PASTOR of Arizona. Ms. EDDIE BERNICE JOHNSON of Texas. H.R. 4275: Mr. ELLISON and Ms. CHU. MCGOVERN. H.R. 3828: Mr. SCOTT of South Carolina. H.R. 4286: Ms. CLARKE of New York and Mr. H. Res. 220: Mr. GALLEGLY. H.R. 3838: Mr. STARK. CLARKE of Michigan. H. Res. 351: Ms. NORTON, Mr. GERLACH, Mr. H.R. 3848: Mr. FINCHER, Mr. JOHNSON of H.R. 4290: Mr. TOWNS, Ms. NORTON, Mr. CARSON of Indiana, Ms. LEE of California, Mr. Ohio, Mr. WEST, and Mr. ROGERS of Ken- CLARKE of Michigan, Mr. MCGOVERN, Mr. SIRES, Mr. CARNAHAN, and Mr. FILNER. tucky. GUTIERREZ, Mr. DAVID SCOTT of Georgia, Mr. H. Res. 568: Mr. HALL, Ms. LINDA T. H.R. 3863: Mr. MCGOVERN. CUMMINGS, Mrs. DAVIS of California, Ms. ZOE SA´ NCHEZ of California, and Mr. LEVIN. H.R. 3985: Mrs. ELLMERS. LOFGREN of California, Ms. TSONGAS, Mr. H. Res. 592: Mr. HIGGINS. H.R. 3989: Mr. BARLETTA. MCNERNEY, Mr. DAVIS of Illinois, Mr. ROSS of H. Res. 608: Mr. MORAN. H.R. 3990: Mr. BARLETTA. Arkansas, and Ms. BALDWIN. H.R. 4017: Mr. LATHAM. H. Res. 609: Mr. MCGOVERN and Mr. RAN- H.R. 4330: Mr. OWENS, Mr. JONES, Mr. AUS- H.R. 4066: Mrs. BLACKBURN. GEL. TIN COTT RAWFORD H.R. 4070: Mrs. MCCARTHY of New York and S of Georgia, Mr. C , and Mr. H. Res. 611: Mr. SHUSTER. INCHER Mr. TOWNS. F . H.R. 4335: Mr. MICHAUD, Mr. CONNOLLY of H.R. 4077: Ms. RICHARDSON and Mr. SIRES. f H.R. 4083: Mr. CARSON of Indiana. Virginia, Mr. STARK, and Mr. ENGEL. H.R. 4120: Mr. MEEHAN, Mr. HIGGINS, and H.R. 4336: Mr. TURNER of Ohio. Mr. FORTENBERRY. H.R. 4367: Mr. CLEAVER, Mr. FINCHER, Ms. CONGRESSIONAL EARMARKS, LIM- H.R. 4122: Mr. MARKEY. HAYWORTH, Mr. CLAY, and Mr. STIVERS. ITED TAX BENEFITS, OR LIM- H.R. 4132: Mr. PETERSON, Mr. ROSS of Flor- H.R. 4371: Mr. RANGEL. ITED TARIFF BENEFITS ida, Mr. POLIS, Mr. POSEY, and Mr. GUTHRIE. H.R. 4379: Ms. MCCOLLUM. H.R. 4137: Mr. DINGELL. H.R. 4502: Mr. HARRIS. Under clause 9 of rule XXI, lists or H.R. 4144: Ms. LEE of California. H.R. 4503: Mr. HARRIS. statements on congressional earmarks, H.R. 4157: Mr. PEARCE, Mr. PETERSON, Mr. H.R. 4504: Mr. HARRIS. limited tax benefits, or limited tariff SCHILLING, Mrs. HARTZLER, Mr. DESJARLAIS, H.R. 4505: Mr. HARRIS. benefits were submitted as follows: Mr. BARTLETT, Mr. TIPTON, Mr. DENHAM, Mr. H.R. 4643: Ms. JENKINS, Mr. GERLACH, Mr. FLORES, Mr. POE of Texas, Mr. GOODLATTE, HERGER, Mr. SCHOCK, and Mr. RANGEL. The amendment to be offered by Rep- Mr. KINZINGER of Illinois, and Mr. ROGERS of H.R. 4770: Mr. GERLACH. resentative LANGEVIN, or a designee, to H.R. Kentucky. H.R. 4816: Mrs. CAPPS, Mr. SCHIFF, Mr. 3523, the Cyber Intelligence Sharing and Pro- H.R. 4169: Mr. SMITH of New Jersey. BUTTERFIELD, Mr. ELLISON, Ms. BERKLEY, Mr. tection Act, does not contain any congres- H.R. 4192: Ms. HANABUSA, Mr. POLIS, Mr. SHERMAN, Mr. CICILLINE, Mr. COSTELLO, Ms. sional earmarks, limited tax benefits, or lim- LANGEVIN, Ms. EDWARDS, Mr. JACKSON of Illi- HIRONO, Mrs. MCCARTHY of New York, Mr. ited tariff benefits as defined in clause 9 of nois, Mr. COOPER, and Ms. CHU. MCGOVERN, Ms. ESHOO, Mr. SIRES, Mr. HIG- rule XXI.

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