[Congressional Record Volume 159, Number 53 (Thursday, April 18, 2013)]
[House]
[Pages H2140-H2145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CYBER INTELLIGENCE SHARING AND PROTECTION ACT
The SPEAKER pro tempore. Pursuant to House Resolution 164 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 624.
Will the gentleman from Kansas (Mr. Yoder) kindly take the chair.
{time} 1146
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 624) to provide for the sharing of certain cyber threat
intelligence and cyber threat information between the intelligence
community and cybersecurity entities, and for other purposes, with Mr.
Yoder (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
a request for a recorded vote on the amendment offered by the gentleman
from Texas (Mr. McCaul) had been postponed.
Pursuant to clause 6 of rule XVIII, proceedings will now resume on
those amendments printed in House Report 113-41 on which further
proceedings were postponed, in the following order:
Amendment No. 7 by Ms. Sinema of Arizona.
Amendment No. 9 by Mr. LaMalfa of California.
Amendment by Mr. McCaul of Texas.
The Chair will reduce to 2 minutes the minimum time for any
electronic vote after the first vote in this series.
Amendment No. 7 Offered by Ms. Sinema
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Arizona
(Ms. Sinema) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 411,
noes 0, not voting 21, as follows:
[Roll No. 113]
AYES--411
Aderholt
Alexander
Amash
Amodei
Andrews
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Becerra
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blumenauer
Bonamici
Bonner
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Camp
Campbell
Cantor
Capito
Capps
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Grimm
Guthrie
Gutierrez
Hahn
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McDermott
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moore
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Negrete McLeod
Neugebauer
Noem
Nolan
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pocan
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NE)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Watt
Waxman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--21
Bachmann
Blackburn
Burgess
Capuano
Ellmers
Holding
Keating
Kennedy
Lynch
Markey
McGovern
Miller, Gary
Neal
Nugent
Pitts
Shea-Porter
Shimkus
Smith (NJ)
Tierney
Tsongas
Velazquez
{time} 1213
Mr. CICILLINE changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Ms. ELLMERS. Mr. Chair, on rollcall No. 113, I was unavoidably
detained. Had I been present, I would have voted ``aye.''
(By unanimous consent, Mr. Flores was allowed to speak out of order.)
A Moment of Silence for the Victims in Boston, Massachusetts, and West,
Texas
Mr. FLORES. Mr. Chair, I rise today in the wake of two grave
tragedies in our Nation. The terrorist attack in Boston and then the
tragedy in West, Texas, last night remind us of the risks that modern
life presents. I ask that all Americans pray for these two communities
and to hug your families a little tighter tonight.
As we gather on the House floor, I want to take a moment to remember
all of those affected by the explosion in West, Texas, who have been
injured or killed, and their families and their loved ones.
I would also like to recognize the bravery of the first responders
and the volunteers from our community and, actually, from all over
Texas who have come to the aid of those in need.
I want to thank my House colleagues for their many offers of support,
and I also ask for a moment of silence.
[[Page H2141]]
Amendment No. 9 Offered by Mr. LaMalfa
The Acting CHAIR. Without objection, 2-minute voting will continue.
There was no objection.
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. LaMalfa) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 413,
noes 0, not voting 19, as follows:
[Roll No. 114]
AYES--413
Aderholt
Alexander
Amash
Amodei
Andrews
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Becerra
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blumenauer
Bonamici
Bonner
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Calvert
Camp
Campbell
Cantor
Capito
Capps
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Grimm
Guthrie
Gutierrez
Hahn
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McDermott
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moore
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Negrete McLeod
Neugebauer
Noem
Nolan
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pitts
Pocan
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Waxman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--19
Bachmann
Blackburn
Capuano
Cardenas
Holding
Keating
Kennedy
Lynch
Markey
McGovern
Miller, Gary
Neal
Nugent
Shea-Porter
Shimkus
Tierney
Tsongas
Velazquez
Watt
{time} 1221
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. McCaul
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
McCaul) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 409,
noes 5, not voting 18, as follows:
[Roll No. 115]
AYES--409
Aderholt
Alexander
Amash
Amodei
Andrews
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Bass
Beatty
Becerra
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blumenauer
Bonamici
Bonner
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Calvert
Camp
Campbell
Cantor
Capito
Capps
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Grimm
Guthrie
Gutierrez
Hahn
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
[[Page H2142]]
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Massie
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McDermott
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moore
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Negrete McLeod
Neugebauer
Noem
Nolan
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pittenger
Pitts
Pocan
Poe (TX)
Polis
Pompeo
Price (GA)
Price (NC)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sessions
Sewell (AL)
Sherman
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Wasserman Schultz
Waters
Watt
Waxman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOES--5
Benishek
Bentivolio
Posey
Sensenbrenner
Wolf
NOT VOTING--18
Bachmann
Blackburn
Capuano
Forbes
Holding
Keating
Kennedy
Lynch
Markey
McGovern
Miller, Gary
Neal
Nugent
Shea-Porter
Shimkus
Tierney
Tsongas
Velazquez
{time} 1227
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIR. The question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Webster) having assumed the chair, Mr. Yoder, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 624) to
provide for the sharing of certain cyber threat intelligence and cyber
threat information between the intelligence community and cybersecurity
entities, and for other purposes, and, pursuant to House Resolution
164, he reported the bill back to the House with an amendment adopted
in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
{time} 1230
Motion to Recommit
Mr. PERLMUTTER. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore (Mr. Yoder). Is the gentleman opposed to the
bill?
Mr. PERLMUTTER. In its current form, I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Perlmutter moves to recommit the bill, H.R. 624, to the
Permanent Select Committee on Intelligence with instructions to report
the same back to the House forthwith with the following amendments:
At the end of the bill, add the following new section:
SEC. __. PROTECTING THE PRIVACY OF INTERNET PASSWORDS AND THE
CREATIVITY OF THE INTERNET.
Nothing in this Act or the amendments made by this Act
shall be construed to--
(1) permit an employer, a prospective employer, or the
Federal Government to require the disclosure of a
confidential password for a social networking website or a
personal account of an employee or job applicant without a
court order; or
(2) permit the Federal Government to establish a mechanism
to control United States citizens' access to and use of the
Internet through the creation of a national Internet firewall
similar to the ``Great Internet Firewall of China'', as
determined by the Director of the National Intelligence.
In section 2(c)(1)(F) of the bill (as inserted by the
amendment offered by Mr. McCaul), strike ``; and'' and insert
a semicolon.
In section 2(c)(1)(G) of the bill (as inserted by the
amendment offered by Mr. McCaul), strike the period and
insert a semicolon.
At the end of section 2(c)(1) of the bill (as inserted by
the amendment offered by Mr. McCaul), add the following new
subparagraphs:
(H) the number of Americans who have--
(i) been required by employers, prospective employers, or
the Federal Government to release confidential passwords for
social networking websites; and
(ii) had personal information released to the Federal
Government under this section or obtained in connection with
a cybersecurity breach; and
(I) the impact of the information that has been released or
obtained as referred to in subparagraph (H) on privacy,
electronic commerce, Internet usage, and online content.
The SPEAKER pro tempore. The gentleman from Colorado is recognized
for 5 minutes.
Parliamentary Inquiry
Mr. PERLMUTTER. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state the inquiry.
Mr. PERLMUTTER. Is it not the case that if my amendment, if this
motion to recommit is adopted, the House would immediately vote on
final passage of this bill with the motion to recommit, this amendment,
included?
The SPEAKER pro tempore. If a motion to recommit with forthwith
instructions is adopted, the amendment is reported by the chair of the
committee and is immediately before the House.
Mr. PERLMUTTER. Mr. Speaker, I'm pleased to offer this final
amendment to this bill. It does not kill the bill or send it back to
the committee. If adopted, as the Speaker just mentioned, it would move
immediately to final passage.
Now, I want to just take a moment, because I know everybody was
listening very closely to the Clerk's reading of the amendment a few
minutes ago, but there are two paragraphs that I think are very
important--they're very simple and they're very direct--about privacy,
individuals' right to privacy, their reasonable expectation of privacy.
And I would just say, my friend, Mr. Rogers, stated, in discussing
and debating the bill as a whole, it is paramount to protect an
individual's right to privacy, and I couldn't agree with him more.
So this amendment says nothing in this act or the amendments made by
this act shall be construed to:
One, permit an employer, a prospective employer, or the Federal
Government to require the disclosure of a confidential password for a
social networking Web site or a personal account of an employee or job
applicant without a court order; or
Two, permit the Federal Government to establish a mechanism to
control a United States citizen's access to and use of the Internet
through the creation of a national Internet firewall, similar to the
great Internet firewall of China, as determined by the Director of
National Intelligence.
So boil that down, those are two pretty direct and simple paragraphs.
Boil it down, as a condition of employment, you can't be made to give
up a password to your Twitter account, your Facebook account, your
LinkedIn account, your other social media types of accounts.
Now, have we done something like this in the past? Absolutely. And
I'd remind the Members that in the eighties,
[[Page H2143]]
there was a requirement, or there was an effort on the part of
employers to get people to take polygraph tests, to take lie detector
tests.
We, here in the Congress, said that's just not going to be a proper
condition of employment. You can do background checks; you can ask for
references; you can do a number of things, but we're not going to allow
lie detector tests as a condition of employment. We said an employer
shall not require, request, suggest, or cause an employee or
prospective employee to take or submit to any lie detector test as a
condition of employment.
Now, this thing has exploded as social media has exploded so that
people are being asked for their private passwords to these various
social media networks. And I would refer the House to an article in
Yahoo! News from last year, which says, ``Employers ask jobseekers for
Facebook passwords.''
A gentleman was seeking employment as a consultant in New York. The
H.R. person wanted to see his profile, asked him for his password, for
instance. He said no. He was no longer allowed to apply for that
particular job.
A law professor at George Washington University here said, ``It's
akin to requiring someone's house keys,'' said the law professor and
former Federal prosecutor, who calls it ``an egregious violation of
privacy.''
This is a very simple amendment that really does two things: it helps
the individual protect his right to privacy, and it doesn't allow the
employer to impersonate that particular employee when other people are
interacting with that person across social media platforms. So for two
reasons: one, that an individual's right to privacy shouldn't be
breached just because he's seeking employment; and, two, the employer
shouldn't be in a position to impersonate that individual who's seeking
a job. It's very clear. We've done it with respect to polygraph, lie
detector tests. We should do it now.
This is an amendment that, whether you're a Democrat or a Republican,
should be part of our law. And so with that, Mr. Speaker, I ask for a
``yes'' vote on this final amendment to the bill.
I yield back the balance of my time.
Mr. ROGERS of Michigan. Mr. Speaker, I rise in opposition.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Michigan. You know, it's the time-honored tradition of
this House that we allow the minority of whomever is in the majority to
have a motion to recommit, and it's a legislative instrument designed
to draw that very bright line down the center of this Chamber. It tends
to be music to your ears on the oral presentation and poison to the
paper when you get to the details.
I appreciate the gentleman's efforts. Well done, sir; I tell you
that.
Clearly, this belongs in employer-employee law. I'm sure the Labor
Committee, Mr. Kline, would be delighted to deal with this very serious
issue. It doesn't comport to our language, has nothing to do with our
bill. But I'll take this opportunity again to say thank you for that
very bright line in the center of the aisle, to commend all of the
folks on both sides of this aisle who have come together on a bill that
is so important to our national security. I'm going to give you a
couple of quick examples.
American Semiconductor, a company that lost its intellectual property
to China, theft of China. The President one time called American
Semiconductor a model of cooperation with China.
{time} 1240
Their partner in China stole their intellectual property, canceled
their contracts, and almost put them out of business. They were worth
$1.8 billion. Now they're worth $170 million. Their stock price is down
90 percent, from a $44 high to just $2 today. They had to lay off 70
percent of their staff.
That's real. Those are real people losing real jobs to intellectual
property theft as we speak.
The credit cards in your pockets will get hit 300,000 times by people
trying to steal that information today, alone. Each and every one of
them.
There's an unnamed large manufacturing company here in the United
States. Through cyber espionage, they lost a particular product. They
stole the blueprints, took it back to China, and repurposed it to
compete in the global market against this particular company. Their
estimate: 20,000 manufacturing jobs lost.
This is as serious an issue as we are not prepared to handle as
Americans, and it is happening every minute of every single day.
When you look at the weight of those issues of the people before us
in this Chamber and what they had to deal with--people like Adams and
Henry and Madison--it was the size of their politics that tipped the
scale for making really hard, difficult decisions and moving on. I'm
going to challenge everybody in this Chamber today to not have those
small, petty politics about what gets done and doesn't get done, about
what I wanted in there and didn't get in there, about how my feelings
got hurt or didn't get hurt.
There are Americans suffering under the weight of loss of
opportunity. And those are middle class jobs. That's one rung on the
ladder that's taken out for any hope for moving up and prosperity in
this country.
We have a constitutional obligation to defend this Nation. We have
done it in a way that doesn't allow the government to meddle with the
Internet. It protects privacy, it protects civil liberties, and it has
the government not even touching the Internet. This is the answer to
empower cyber information sharing, to protect this Nation, to allow
those companies to protect themselves, and move on to economic
prosperity. If you want to take a shot across China's bow, this is the
answer.
Reject this motion to recommit and let's pass this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. PERLMUTTER. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 5-minute vote on the motion to recommit will be followed by 5-
minute votes on passage of H.R. 624, if ordered, and agreeing to the
Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--ayes 189,
noes 224, not voting 19, as follows:
[Roll No. 116]
AYES--189
Andrews
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Kelly (IL)
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maffei
Maloney, Carolyn
Maloney, Sean
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
[[Page H2144]]
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Van Hollen
Vargas
Veasey
Vela
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOES--224
Aderholt
Alexander
Amash
Amodei
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--19
Bachmann
Bishop (GA)
Blackburn
Capuano
Chu
Holding
Keating
Kennedy
Lynch
Markey
McGovern
Miller, Gary
Neal
Nugent
Shea-Porter
Shimkus
Tierney
Tsongas
Velazquez
{time} 1250
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. RUPPERSBERGER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 288,
nays 127, not voting 17, as follows:
[Roll No. 117]
YEAS--288
Aderholt
Alexander
Amodei
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Beatty
Benishek
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Bonner
Boustany
Brady (TX)
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Calvert
Camp
Campbell
Cantor
Capito
Cardenas
Carney
Carter
Cassidy
Castor (FL)
Chabot
Chaffetz
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Cook
Cooper
Costa
Cotton
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Daines
Denham
Dent
DesJarlais
Deutch
Diaz-Balart
Dingell
Duckworth
Duffy
Duncan (TN)
Ellmers
Enyart
Farenthold
Fincher
Fitzpatrick
Fleischmann
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gallego
Garamendi
Garcia
Gardner
Gerlach
Gibbs
Gingrey (GA)
Goodlatte
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Higgins
Himes
Horsford
Hoyer
Hudson
Huizenga (MI)
Hultgren
Hunter
Hurt
Israel
Issa
Jeffries
Jenkins
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Latham
Latta
Lipinski
LoBiondo
Long
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Sean
Marino
Matheson
McCarthy (CA)
McCarthy (NY)
McCaul
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nunes
Nunnelee
Olson
Owens
Palazzo
Pastor (AZ)
Paulsen
Payne
Pearce
Perlmutter
Perry
Peters (CA)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Price (GA)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Ruiz
Runyan
Ruppersberger
Ryan (WI)
Salmon
Sanchez, Loretta
Scalise
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott, Austin
Scott, David
Sessions
Sewell (AL)
Shuster
Simpson
Sinema
Sires
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stewart
Stivers
Stutzman
Swalwell (CA)
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Turner
Upton
Valadao
Vargas
Veasey
Vela
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NAYS--127
Amash
Andrews
Bass
Becerra
Bentivolio
Bishop (UT)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Bridenstine
Broun (GA)
Capps
Carson (IN)
Cartwright
Castro (TX)
Chu
Cicilline
Cohen
Conyers
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSantis
Doggett
Doyle
Duncan (SC)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fleming
Gabbard
Garrett
Gibson
Gohmert
Gosar
Grayson
Grijalva
Hahn
Hall
Herrera Beutler
Hinojosa
Holt
Honda
Huelskamp
Huffman
Jackson Lee
Johnson (GA)
Jones
Kildee
Kingston
Labrador
Larson (CT)
Lee (CA)
Levin
Lewis
Loebsack
Lofgren
Lowenthal
Lowey
Maloney, Carolyn
Marchant
Massie
Matsui
McClintock
McCollum
McDermott
McNerney
Meadows
Michaud
Miller, George
Moore
Nadler
Napolitano
Negrete McLeod
Nolan
O'Rourke
Pallone
Pascrell
Pelosi
Peters (MI)
Pingree (ME)
Pocan
Polis
Posey
Price (NC)
Rigell
Rohrabacher
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Sensenbrenner
Serrano
Sherman
Slaughter
Speier
Stockman
Takano
Tonko
Van Hollen
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
Yoho
NOT VOTING--17
Bachmann
Blackburn
Capuano
Holding
Keating
Kennedy
Lynch
Markey
McGovern
Miller, Gary
Neal
Nugent
Shea-Porter
Shimkus
Tierney
Tsongas
Velazquez
{time} 1259
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
personal explanation
Mrs. BACHMANN. Mr. Speaker, on April 18, 2013 I was not able to vote
on rollcall votes 113, 114, 115, 116 and 117. At the time, I was
performing my duties as a designee of the U.S. House of Representatives
attending the funeral of Baroness Margaret Thatcher in London. Had I
been present for the vote, I would have voted ``aye'' on rollcall votes
113, 114, 115 and 117. I would have voted ``no'' on rollcall vote 116.
[[Page H2145]]
personal explanation
Mr. CAPUANO. Mr. Speaker, I missed several votes today to attend an
Interfaith Service in Boston. I wish to state for the record how I
would have voted had I been present:
Rollcall No. 113--``Yes''
Rollcall No. 114--``Yes''
Rollcall No. 115--``Yes''
Rollcall No. 116--``Yes''
Rollcall No. 117--``No''
Authorizing the Clerk to Make Corrections in Engrossment
Mr. ROGERS of Michigan. Mr. Speaker, I ask unanimous consent that in
the engrossment of the bill, H.R. 624, the Clerk be authorized to make
such technical and conforming changes as necessary to reflect the
actions of the House.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
____________________