Government Network Security Act of 2003

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 22, 2003, at 10 a.m. to conduct a hearing on ``Counterterror Initiatives in the Terror Finance Program.''

Mr. President: I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, October 22, 2003, at 9:30 am on the Federal Involvement in the Regulation of the Insurance Industry.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, October 22, 2003 at 2:30 p.m. to hold a hearing Anti-Semitism In Europe.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Wednesday, October 22, 2003 at 10:30 a.m. to hold a business meeting to consider pending Committed business.

Agenda

Legislation

1. S. 129, Federal Workforce Flexibility Act of 2003.

2. S. 1741, National Women's History Museum Act of 2003.

3. S. 1267, District of Columbia Budget Autonomy Act of

2003.

4. S. 1522, GAO Human Capital Reform Act of 2003.

5. S. 1561, a bill to preserve existing judgeships on the

Superior Court of the District of Columbia.

6. S. 1567, Department of Homeland Security Financial

Accountability Act.

7. S. 1612, Homeland Security Technology Improvement Act of

2003.

8. S. 1683, Federal Law Enforcement Pay and Benefits Parity

Act of 2003.

9. H.R. 1416, Homeland Security Technical Corrections Act

of 2003.

10. H.R. 3159, Government Network Security Act of 2003.

post office naming bills

1. S. 1405, a bill to designate the facility of the United

States Postal Service, located at 514 17th Street in Moline,

Illinois, as the ``David Bybee Post Office Building.''

2. S. 1415, a bill to designate the facility of the United

States Postal Service, located at 141 Weston Street in

Hartford, Connecticut, as the ``Barbara B. Kennelly Post

Office Building.''

3. S. 1590, a bill to designate the facility of the United

States Postal Service, located at 315 Empire Boulevard in

Crown Heights, Brooklyn, New York, as the ``James E. Davis

Post Office Building.''

4. S. 1659, a bill to designate the facility of the United

States Postal Service, located at 57 Old Tappan Road in

Tappan, New York, as the ``John G. Dow Post Office

Building.''

5. S. 1671, a bill to designate the facility of the United

States Postal Service, located at 10701 Abercorn Street in

Savannah, Georgia, as the ``J.C. Lewis, Jr., Post Office

Building.''

6. S. 1692, a bill to designate the facility of the United

States Postal Service, located at 38 Spring Street in Nashua,

New Hampshire, as the ``Hugh Gregg Post Office Building.''

7. S. 1718, a bill to designate the facility of the United

States Postal Service, located at 3710 West 73rd Terrace in

Prairie Village, Kansas, as the ``Senator James B. Pearson

Post Office Building.''

8. S. 1746, a bill to designate the facility of the United

States Postal Service, located at 339 Hicksville Road in

Bethpage, New York, as the ``Brian C. Hickey Post Office

Building.''

9. H.R. 1610, to redesignate the facility of the United

States Postal Service, located at 120 East Ritchie Avenue in

Marceline, Missouri, as the ``Walt Disney Office Building.''

10. H.R. 1882, to designate the facility of the United

States Postal Service, located at 440 South Orange Blossom

Trail, in Orlando, Florida, as the ``Arthur `Pappy' Kennedy

Post Office Building.''

11. H.R. 1883, to designate the facility of the United

States Postal Service, located at 1601-1 Main Street in

Jacksonville, Florida, as the ``Eddie Mae Steward Post Office

Building.''

12. H.R. 2075, to designate the facility of the United

States Postal Service, located at 1905 West Blue Heron

Boulevard in West Palm Beach, Florida, as the ``Judge Edward

Rodgers Post Office Building.''

13. H.R. 2254, to designate the facility of the United

States Postal Service, located at 1101 Colorado Street in

Boulder City, Nevada, as the ``Bruce Woodbury Post Office

Building.''

14. H.R. 2309, to designate the facility of the United

States Postal Service, located at 2300 Redondo Avenue in

Signal Hill, California, as the ``J. Stephen Horn Post Office

Building.''

15. H.R. 2328, to designate the facility of the United

States Postal Service, located at 2001 East Willard Street in

Philadelphia, Pennsylvania, as the ``Robert A. Borski Post

Office Building.''

16. H.R. 2396, to designate the facility of the United

States Postal Service, located at 1210 Highland Avenue in

Duarte, California, as the ``Francisco A. Martinez Flores

Post Office Building.''

17. H.R. 2452, to designate the facility of the United

States Postal Service, located at 339 Hicksville Road in

Bethpage, New York, as the ``Brian C. Hickey Post Office

Building.''

18. H.R. 2533, to designate the facility of the United

States Postal Service, located at 10701 Abercorn Street in

Savannah, Georgia, as the ``J.C. Lewis, Jr., Post Office

Building.''

19. H.R. 2746, to designate the facility of the United

States Postal Service, located at 141 Weston Street in

Hartford, Connecticut, as the ``Barbara B. Kennelly Post

Office Building.''

20. H.R. 3011, to designate the facility of the United

States Postal Service, located at 135 East Olive Avenue in

Burbank, California, as the ``Bob Hope Post Office

Building.''

Nominations

1. Jerry S. Byrd to be an Associate Judge of the Superior

Court of the District of Columbia (Family Court).

2. Joseph Michael Ryan to be an Associate Judge of the

Superior Court of the District of Columbia (Family Court).

3. Dale Cabaniss to be Chairman, Federal Labor Relations

Authority.

4. Brian F. Holeman to be an Associate Judge of the

Superior Court of the District of Columbia.

5. Craig S. Iscoe to be an Associate Judge of the Superior

Court of the District of Columbia.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on Wednesday, October 22, 2003, at 10 a.m., on ``Judicial Nominations,'' in the Hart Senate Office Building room 216.

Witness List:

Panel I: Senators.

Panel II: Janice R. Brown to be United States Circuit Judge for the District of Columbia Circuit.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Wednesday, October 22, 2003 at 2:30 p.m. to hold a closed hearing.

Mr. President: I ask unanimous consent that the Subcommittee on Oceans, Fisheries, and Coast Guard be authorized to meet on Wednesday, October 22, 2003, at 9:30 a.m., on Fisheries Oversight to be held in SR-428A.

Mr. Speaker, I rise today to recognize a most distinguished public servant, Mr. David E. Schaffer, Senior Counsel on the Transportation Committee's Aviation Subcommittee. Mr. Schaffer is retiring after twenty-six years of Federal service, including the past 20 years with the Committee. His unmatched knowledge in the field of aviation, as well as his engaging personality, will be sorely missed in the halls of Congress. David's work stands as a prime example of the good that can be accomplished through public service. The American people have been quite fortunate to have Mr. Schaffer's expertise and guidance throughout his career. Every single aviation law passed in the last two decades is marked with David's creative ideas and approaches. As an attachment to my remarks, a list of all aviation laws passed during David's tenure is included.

David's ability to work with people on both sides of the aisle serves as a major reason for the overwhelming bipartisan support aviation legislation has gathered over the last twenty years. His evenhanded and steady demeanor, as well as his thoughtful approach to a matter ensures that all ideas are heard, and that every opinion is considered. The relationships that David has cultivated among both government and industry officials has allowed for a free exchange of ideas on a wide variety of issues. Such exchanges have helped foster the growth of our nation's aviation industry. He has earned an immeasurable amount of respect from everyone with whom he has worked, including Members of Congress, staff, and those in the transportation community.

David began his career in public service in 1978, when he joined the Office of General Counsel of the Civil Aeronautics Board as an attorney, specializing in rules, legislation, and litigation involving small community air service, international air service, consumer protection, and charters. In 1984, he began work with the Aviation Subcommittee as an Assistant Minority Counsel, becoming the Chief Minority Counsel in 1992, and Majority Counsel in 1995. Throughout his tenure with the Aviation Subcommittee, he has been involved in all aspects of aviation legislation, including safety, security, airline competition, international air service, the Airport Improvement Program, air traffic control modernization, Federal Aviation Administration reform, and oversight of the Federal Aviation Administration, Transportation Security Administration, and the National Transportation Safety Board.

David's leadership proved critical in the weeks following the events of September 11, 2001. His experience played an essential role in creating the Aviation and Transportation Security Act, which helped restore confidence to the flying public. In a most precarious time for our nation, we were extremely fortunate to have someone like David Schaffer assisting us. Most recently, his assistance led to the successful passage of Vision 100, the FAA Reauthorization Act, which will have a lasting effect on the aviation industry for years to come.

Mr. Speaker, I ask all of my colleagues to join me in celebrating the retirement of David Schaffer, and wish him well in whatever venture he seeks next. I would also like to offer an extended note of gratitude on behalf of the previous Chairmen of the Transportation Committee and Aviation Subcommittee whom David has served with great distinction. We wish you good luck and again say thank you for all you have done for both the Congress as well as the American people.

Aviation Laws Passed During David Schaffer's Tenure

108th Congress

H.R. 2115, Vision 100--Century of Aviation Reauthorization

Act

S. 579, National Transportation Safety Board

Reauthorization Act of 2003

107th Congress

H.R. 2926, Air Transportation Safety and System

Stabilization Act

S. 1447, Aviation and Transportation Security Act

106th Congress

H.R. 1000, Wendell H. Ford Aviation Investment and Reform

Act for the 21st Century

S. 2440, Airport Security Improvement Act of 2000

105th Congress

H.R. 2476, To amend title 49, United States Code, to

require the National Transportation Safety Board and

individual foreign air carriers to address the needs of

families of passengers involved in aircraft accidents

involving foreign air carriers.

H.R. 2626, To make clarifications to the Pilot Records

Improvement Act of 1996, and for other purposes.

H.R. 2843, Aviation Medical Assistance Act of 1998

104th Congress

H.R. 3159, National Transportation Safety Board Amendments

of 1996

H.R. 3539, Federal Aviation Authorization Act of 1996

103rd Congress

H.R. 904, To amend the Airport and Airway Safety, Capacity,

Noise Improvement, and Inter-nodal Transportation Act of 1992

with respect to the establishment of the National Commission

to Ensure a Strong Competitive Airline Industry.

H.R. 2440, Independent Safety Board Act Amendments of 1994

H.R. 2739, Federal Aviation Administration Authorization

Act of 1994

S. 1458, General Aviation Revitalization Authorization Act

of 1994

102nd Congress

H.R. 5481, FAA Civil Penalty Administrative Assessment Act

of 1992

H.R. 6168, Airport and Airway Safety, Capacity, Noise

Improvement, and Intermodal Transportation Act of 1992

101st Congress

H.R. 968, Noise Reduction Reimbursement Act of 1989

H.R. 5732, Aviation Security Improvement Act of 1990

H.R. 3671, To amend the Federal Aviation Act of 1958 to

extend the civil penalty assessment demonstration program.

H.R. 5131, To amend the Federal Aviation Act of 1958 to

extend the civil penalty assessment demonstration program,

and for other purposes.

100th Congress

H.R. 2310, Airport and Airway Improvement Amendments of

1987

S. 623, Independent Safety Board Act Amendments of 1987

S. 1628, An original bill to extend the Aviation Insurance

Program for 5 years

99th Congress

S. 2703, Air Carrier Access Act of 1986

98th Congress

H.R. 5297, Civil Aeronautics Board Sunset Act of 1984

S. 197, A bill to direct the Secretary of the Department of

Transportation to conduct an independent study to determine

the adequacy of certain industry practices and Federal

Aviation Administration rules and regulations, and for other

purposes.

S. 1146, Aviation Drug-Trafficking Control Act

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3159) to require Federal agencies to develop and implement plans to protect the security and privacy of government computer systems from the risks posed by peer-to-peer file sharing, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 3159.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 3159, the Government Network Security Act of 2003 closes a loophole in the Federal Government's efforts to protect the security and privacy of its computers. It requires executive branch departments and agencies to take steps to protect government computers and information from the risks that are posed by the use of peer-to- peer file sharing programs. Peer-to-peer file sharing programs are Internet applications that allow users to download and directly share electronic files from users on the same network. These programs are surging in popularity with millions of people trading music, images and documents over these networks at any given time.

While most of the news coverage on file sharing focuses on the abilities of users to illegally trade copyrighted music, movies and videos, another less-publicized dark side to this technology is the risk it poses to the security of computers and the privacy of electronic information. Few people recognize these risks.

At a hearing held by the Committee on Government Reform in May, members heard from computer security experts who discussed the privacy and security risks created by these programs. And through a couple of simple searches on one file-sharing program, committee staff easily obtained completed tax returns, medical records, confidential legal documents and business files. We learned that using these programs can be similar to giving a complete stranger access to your personal file cabinet.

Consequently, file sharing programs can create a number of risks for Federal departments at agencies if they are installed on government computers. The Federal Government uses and stores a wide variety of classified and sensitive information, including information vital to national security, vital to public health and the personal and financial records of U.S. citizens and businesses. Installing these programs on government computers can cause this sensitive information to be exposed to the public. Because files are shared anonymously on peer-to-peer networks, there is also the risk of the spread of viruses worms and other malicious computer files.

Mr. Speaker, both the House and the Senate have successfully taken steps to protect congressional computers through both technical and nontechnical means including firewalls and employee training. Unlike Congress, however, executive branch departments and agencies do not have similar policies. This legislation requires agencies to develop and implement such policies to protect government information and computers. File-sharing technology is not inherently bad and it may turn out to have a variety of beneficial implications. H.R. 3159 recognizes this by protecting the ability of Federal agencies to pursue innovations of peer-to-peer technology on government networks, as long as they do not put government information or computers at risk.

This bill takes a common sense approach to protect the computers and networks of the Federal Government and the valuable information they contain. I want to commend the gentleman from California (Mr. Waxman), the distinguished ranking member on the Committee on Government Reform, and his staff for their work on this bill, setting up the hearing, and really calling this to our attention. I also want to recognize all the 28 members of the Committee on Government Reform who have cosponsored this legislation. This bill is an excellent follow-up to the committee's bipartisan investigations into the risk of using file sharing programs.

Mr. Speaker, I urge all Members to support H.R. 3159.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no further speakers, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today to ask my colleagues to support the Government Network Security Act of 2003, legislation that would protect the security of Federal Government computers from the risks posed by peer to peer sharing.

I introduced this legislation with my colleague on the Committee on Government Reform, the gentleman from Virginia (Mr. Tom Davis), and I want to thank him for his interest on this issue and he and his staff for all the work they have done to address the risk of peer-to-peer file sharing. This is legislation that both of us have worked closely together to develop.

In recent years, peer-to-peer file sharing programs have gone from little known to an incredibly popular Internet application. In fact, the most popular of these file-sharing programs, Kazaa, has been downloaded more than 280 million times, making it the most downloaded software program ever.

In a series of hearings earlier this year, our committee looked into these peer-to-peer file-sharing programs and the issues they raised. What we found out is that the risks they posed, particularly to our personal privacy and security, can be significant. At a Committee on Government Reform hearing in May, we heard from leading network security experts from universities and the private sector talk about how peer-to-peer file sharing can put computers at risk for viruses, worms and other damaging computer files. And the committee investigation found that without even knowing it, people are sharing incredibly personal information through these programs. Our staff investigators found completed tax returns, medical files, and even entire E-mail in boxes being shared on these networks. Government computers are not immune from these risks.

A GAO investigation, which is still underway, has found that even at Los Alamos National Laboratory, where top secret research is often conducted, file-sharing programs have been found on government computers. Protecting government computers from these security risks is essential. The Federal Government has computer records with incredibly sensitive personal information about citizens, including tax returns, military records and medical and psychiatric records. It also, obviously, has many files with important national security information.

It is important to protect government computers from computer viruses. In the last several weeks, we have seen how the spread of just two or three malicious viruses can slow the functioning of government. We need to make sure Federal Government computers and networks stay protected from these threats.

It is not difficult to safeguard Federal computers from these risks. The House of Representatives recognized the privacy and security threats posed by peer-to-peer programs nearly 2 years ago and took steps to protect against them. The Senate did the same shortly thereafter, but many of our Federal agencies have yet to follow suit. The Government Network Security Act of 2003 is simple legislation. It requires that when developing their network security policy and procedures, Federal agencies address the risks posed by peer-to-peer file-sharing programs. Plans to address these risks may include technological means, such as firewalls, and nontechnological means, such as employee training.

Technical innovation is tremendously important, including potential innovation involving peer-to-peer file-sharing technologies. This act recognizes this, and it protects the ability of Federal agencies to pursue new technologies, including peer-to-peer technology. The only limitation it imposes is a requirement that agencies not jeopardize the security of sensitive government records.

When popularly available, peer-to-peer file-sharing programs can threaten us with viruses and worms and put in risk the privacy of sensitive information. I think we can all agree that they have no place on government computers and networks. That is why, Mr. Speaker, I urge my colleagues to support this legislation.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.