Prevention of Private Information Dissemination Act of 2017

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

Mr. Speaker, I thank the gentlewoman, my friend from Wyoming, for yielding me the customary 30 minutes for debate, and I will proceed to debate the rule for H.R. 2083 and H.R. 6157.

The first measure, H.R. 2083, in my opinion, is an overly broad bill that will lead to the needless slaughter of more than 1,000 sea lions without addressing the serious problems facing our country's endangered salmon stocks.

Thirteen populations of salmon and steelhead in the Columbia River are listed under the Endangered Species Act, with their greatest threat to extinction coming from deadbeat dams, habitat loss, and climate change. This bill does nothing to address those issues and will not lead to the recovery of the salmon populations.

Mr. Speaker, in a change of pace for this Republican-controlled Congress, H.R. 6157, the Department of Defense Appropriations Act for Fiscal Year 2019, is a largely bipartisan bill. Totaling $674.6 billion, $20 billion above the fiscal year 2018 enacted level, H.R. 6157, as my colleague said, increases military pay by 2.6 percent and funds military procurement, readiness, and research and development.

The legislation, in a break from the strategy implemented by the Republican Trump administration, actually works to keep our commitments to our allies and provides resources for the

European Reassurance Initiative to counter Russian aggression, continues our support for Ukraine, and fulfills our obligations to Israel with funding for the U.S.-Israel joint anti-tunneling research technology initiative and the Israeli Missile Defense Cooperative program.

H.R. 6157 also provides new funding for Department of Defense schools and Historically Black Colleges, Universities, and Minority-Serving Institutions, partnerships that are critical for preserving readiness into the future by investing in our servicemembers today.

I was also pleased that the committee included parts of the Families of Fallen Servicemembers First Act in this bill, which will ensure that families of fallen servicemembers can always access the immediate death gratuities they are entitled to, even in the event of a lapse of government funding.

Politics should never be a factor during such an unimaginable time, and yet that has been the case in each of the last three government shutdowns. I commend my colleagues, Representatives Gerry Connolly and Tom Rooney, for taking on this critically important issue.

As you can see, Mr. Speaker, this bill does a lot of good. I wish that bipartisan legislation like this was the norm. I congratulate the committee for working together in a bipartisan fashion to ensure that our country's security needs are met without needlessly injecting partisan fights into the process.

I would, however, be remiss if I did not mention the omission of any language pertaining to the 2001 Authorization for Use of Military Force, known colloquially as the 2001 AUMF.

We continue to give Presidents a blank check to wage war. Let me repeat that: We continue to give Presidents--not President Trump, not President Obama, not President Bush, not President Clinton--a blank check to wage war. Since the 2001 AUMF was enacted, it has been cited as the statutory authority for military actions more than 40 times in at least 18 countries. That is 18 countries, Mr. Speaker, using an authorization passed 17 years ago.

I and other Members, like Congresswoman Barbara Lee and Congressman Jim McGovern, the ranking member of the Rules Committee, have been relentless on this issue, relentless on the need for this body to take its constitutional duties seriously and discuss how and if we will authorize the executive branch to wage war.

In fact, last year, the Appropriations Committee adopted an amendment by Congresswoman Lee to begin the process of repealing and replacing the AUMF with an updated measure. In an underhanded move, the Rules Committee stripped the provisions in an undemocratic and underhanded way. Since then, Congress has done nothing to reassert its constitutional authority to decide when and where to commit our troops overseas.

I don't know why it is that this continues, and I don't know what it is going to take for us to have a vote on a new AUMF, but I think that the people of this great country deserve to know why House Republicans are protecting the President's ability to wage unchecked war around the globe. I felt the same way when President Obama was in office, as well as previous Presidents.

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

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

Mr. Speaker, if we defeat the previous question, I will offer an amendment to the rule to bring up Ranking Member Nadler's bill, H.R. 6135, the Keep Families Together Act, of which I am an original cosponsor. This much-needed proposal would prohibit the Department of Homeland Security from separating children from their families, except in extraordinary circumstances, and limit the criminal prosecution of asylum seekers.

Mr. Speaker, I ask unanimous consent to insert the text of my amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.

Mr. Speaker, I urge my colleagues to vote ``no'' and defeat the previous question so that we may protect these innocent children.

Mr. Speaker, I would advise my colleague that I have no further speakers and am prepared to close. I reserve the balance of my time.

Mr. Speaker, I yield myself the balance of my time to go forward now with my closing.

Last week, we saw Republicans fail to protect Dreamers. These are young people who, in many cases, have known no other country than the United States. It is, like it is for you and for me, quite simply, their home. They are, but for one piece of paper, just as American as anyone in this room. Yet my friends across the aisle take pains to denigrate and belittle Dreamers.

We witnessed Republican leadership bring anti-immigrant legislation to the House floor that did nothing to solve the heartbreaking situation for children and their parents on the southern border. In fact, the bills pushed by my Republican friends would perpetuate child detention, further tarnishing our Nation's values.

Democrats have put forward multiple bipartisan proposals to address the need for immigration reform in our

country and, now, for the need to address the completely self-made Republican crisis at our border involving the separation of infants and toddlers from their mothers and fathers. All of them have been dismissed out of hand.

If my Republican colleagues can move past throwing red meat to their base and are willing to work in a serious and bipartisan manner to address the issues in our immigration system, then know that Democrats are ready to work with you. All you need to do is stand up to the extreme faction in your party and finally work with us.

Let me say something else, finally, about that. The current occupant of the White House continues to say that Democrats believe in open borders and crime. I know I don't believe in open borders, and I know that I have spent a career in the field of law in trying to assist, not only my community, but here in our Congress, countless communities, to avoid criminal elements and crime in a variety of places throughout our country.

I don't think it is right just to make political points at the expense of something that is so critical, and I deem it wrong that it is said that Democrats favor open borders and crime. That is just the farthest thing from the truth.

Mr. Speaker, I urge a ``no'' vote on the rule, and I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I demand a recorded vote.

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 961 and ask for its immediate consideration.

Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.

General Leave

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.

Mr. Speaker, I rise today in support of House Resolution 961, which provides a structured rule for consideration of H.R. 2083, the Endangered Salmon and Fisheries Predation Prevention Act and a structured rule for consideration of H.R. 6157, the Department of Defense Appropriations Act for fiscal year 2019.

The rule makes in order amendments for both bills, including three amendments offered by the minority to H.R. 2083 and several amendments offered by members of both sides of the aisle for H.R. 6157. Additionally, Mr. Speaker, I expect that we will consider a rule tomorrow to provide for the consideration of additional amendments to

Mr. Speaker, I yield 4 minutes to the gentleman from Alabama (Mr. Byrne), my friend and colleague on both the Armed Services Committee and the Rules Committee.

Mr. Speaker, I am prepared to close as well, and I reserve the balance of my time.

Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, I appreciate my colleague's commitment to coming to some sort of a resolution on the challenges we are facing at our border.

I think it is crucially important that we secure our border, and I respect very much my colleague from the Rules Committee. I appreciate that, perhaps, he doesn't believe in open borders, but certainly, Mr. Speaker, we have seen across the country, including most recently a Democratic candidate for Governor of New York referring to our ICE officials as ``terrorists.''

That is the kind of rhetoric that really does a huge disservice and, frankly, is shameful to those who are making sure that our borders are secure, to those trying to protect us. We are a Nation of laws, and we have got to ensure, Mr. Speaker, that we enforce those laws.

Mr. Speaker, I think it would be a benefit and a positive move for the citizens across this country if both sides of the aisle were able to come together on this. Unfortunately, we have gotten into a situation where there are a number of people on the other side of the aisle who believe we ought to have open borders, and we simply can't accept that and can't defend that. We have got to make sure we secure our borders, Mr. Speaker.

Mr. Speaker, there is a statue that stands at the Antietam National Battlefield, which is just about 70 miles from here. Antietam, as Members know, was the site of the single bloodiest day in American history. Close to 23,000 Americans were killed, wounded, or lost that day.

The statue, Mr. Speaker, is a statue of a Union soldier that overlooks the graves of the fallen. There is an inscription on the statue which says, ``Not for themselves, but for their country.''

It should be a reminder to all of us, regardless of party, Mr. Speaker, that the ultimate sacrifice has been paid by so many Americans in every single battle of this Republic's history, that those who fight to secure our freedom do it willingly. They do it by saying they are willing, as Secretary Mattis has said, to write a blank check to the Republic.

They do it to defend everything we hold sacred and, indeed, Mr. Speaker, to defend what we are doing here today, to defend our right to debate, to defend our right to make laws, to defend our right to vote.

Those are the freedoms that are so crucial to the founding and the establishment of this Republic. I am really proud, Mr. Speaker, that with this Defense Appropriations bill, we were able to come together in a bipartisan way to demonstrate our support for our men and women in uniform.

What we need to do now, Mr. Speaker, is come together in a bicameral way. We need to ensure that our actions are worthy of those men and women on the front lines who are defending us every day.

We are considering a rule, Mr. Speaker, that will allow the debate and the passage of this bill to fund our troops. For generations, young Americans have--and again I am going to quote Secretary Mattis--``been willing to shoulder the patriot's burden,'' to put on the cloth of our Nation and to fight to defend all of us and all we hold sacred and dear.

It is time for us in the United States Congress, the House and the Senate, to shoulder our burden and to provide the funding our men and women in uniform need.

Mr. Speaker, in addition to the Rules Committee, I also serve on the Natural Resources Committee and the Armed Services Committee. Over the course of the last 18 months that I have been in Congress, we have received repeated testimony on the funding, modernization, and readiness crisis facing the United States military.

I can say, Mr. Speaker, that no experience that I have had since I have been a Member of this body has had a greater impact on me than hearing from the Secretary of Defense, from the Chairman of the Joint Chiefs of Staff, from all the combatant commanders, from all the service Secretaries, time and time again, hearing them come before this body and say that no foe in the field has done more damage to the United States military than has the United States Congress.

I think it is really important for people to stop, think, and listen to what that means. Our men and women in uniform and the leaders of our military are making the case--an accurate case--that we have done more damage than has any enemy.

We have absolutely got to stop that, Mr. Speaker. We have got to end this process of sequestration. We have got to end the continuing resolutions. We have got to end the dysfunctional budget process. We simply cannot allow this situation to continue.

The threats that we face as a Nation are real, and they are growing. Yet, as a Congress, we have continually forced our military to operate on continuing resolutions of varying lengths for nearly a decade. We have got to end this cycle of dysfunction. We cannot force our men and women in uniform and their families to pay the price for our dysfunction. That is simply reprehensible, Mr. Speaker.

I fully expect and hope that we will pass H.R. 6157 this week, and I urge my Democratic colleagues in the Senate to forgo attempts to filibuster this important bill and to work with Republicans in the Senate and Members of this House to fulfill our most solemn and sacred obligation, providing funding for the men and women in uniform who volunteer to put their lives on the line to defend this great Nation.

Mr. Speaker, I urge adoption of both the rule, H.R. 6157, and H.R. 2083.

Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.

Mr. Speaker, I rise today in support of my bill, H.R. 4294, the Prevention of Private Information Dissemination Act of 2017.

Mr. Speaker, this legislation will establish criminal penalties for the unauthorized disclosure of living will and stress test determinations and other individually identifiable information by Federal officials.

With recent data breaches and leaks of sensitive information, it is essential that we ensure that this information is safely guarded and that people are punished for their illicit actions.

Since the enactment of Dodd-Frank in 2010, bank holding and certain nonbank companies, designated as systemically important financial institutions, otherwise known as SIFIs, are required to submit annual reports to the Federal Reserve and the Federal Deposit Insurance Company, the FDIC.

The purpose of these reports is to outline the company's strategy for a potential bankruptcy in times of market stress. Through the living will and the stress test process, banks submit detailed financial reports about their businesses, such as assets, trade secrets, and other classified information to the Federal Reserve and to the FDIC.

Unfortunately, Mr. Speaker, the information has the potential to be leaked by employees and, unfortunately, in April of 2016, this did occur. In fact, on April 12, 2016, it was discovered that nonpublic confidential supervisory information related to the living will results was leaked to the press directly.

The Wall Street Journal article from that day cited ``people familiar with the matter'' indicated that the agencies planned to reject the revised living wills of at least half of the U.S. banks that resubmitted proposals before formal decisions were sent to the institutions.

In this instance, the leak was extremely harmful, as financial institutions were preparing their quarterly investor reports. As a result, regulators were forced to formally release their findings the next day. In addition, this private information has market-moving implications and can result in insider trading and illegal sharing of information.

Mr. Speaker, prior to Dodd-Frank, the FDIC did not have market-moving information on high-profile industries. Stress test requirements therefore meant that the FDIC had to create new policies and new procedures to help protect the information. According to the FDIC's Principal Deputy Inspector General in 2016, the agency is ``not there yet,'' and it may not be prepared to safeguard the information.

Sadly, between 2015 and 2016, the FDIC experienced many data breaches that involved employees leaving the company. One such incident occurred in 2015, in which a departing employee downloaded sensitive stress test data onto a thumb drive.

These leaks are deeply troubling and, overall, they are unacceptable. This information could be obtained by individuals to either invest or to divest in particular stocks, which, obviously, can be quite damaging to bank investors and to the capital markets.

The unauthorized disclosure of information that can significantly alter the stock market is an extremely punishable offense. By increasing penalties on employees of these agencies, it proves, frankly, that they are not above the law.

That is why I introduced this bill, to ensure that sensitive market information is properly protected and that people who improperly disclose nonpublic, confidential information are, in fact, punished. Mr. Speaker, ultimately, this is commonsense legislation that will help mitigate future leaks of sensitive information.

I do want to thank Chairman Hensarling and the entire Financial Services Committee for their continued hard work.

I urge my colleagues to support this extremely important piece of legislation.

Mr. Speaker, I thank the gentlewoman for yielding, and I appreciate her steadfast leadership on behalf of our Nation's servicemen and -women.

Mr. Speaker, we are in the process of a long-needed rebuilding of our Nation's military, and this funding bill will ensure the rebuilding process continues.

I have spoken on this floor many times about the readiness crisis facing our military. We are finally getting our planes back in the air and troops who are fully prepared to deploy. This readiness crisis hurts our overall national security. But, Mr. Speaker, it also puts our servicemen and -women at great risk.

Last year, we lost four times as many servicemembers in training accidents as we lost in combat. We owe it to these men and women to do everything in our power to avoid more of these accidents. That duty requires consistent and robust funding for all aspects of our defense.

I am pleased to say that this funding bill builds on the progress made over the last 2 years, and I am proud to support the Defense Appropriations bill and this rule.

This bill sets aside $674.6 billion for the Department of Defense, which is consistent with the National Defense Authorization Act that passed out of this body earlier this year.

Importantly, the bill will help us recruit and retain the greatest fighting force on the face of the Earth. That includes full funding for a 2.6 percent pay raise for the military and an increase in overall end strength.

The bill makes much-needed investments in training and equipment acquisition to ensure our men and women in uniform have the resources and tools they need to safely and successfully defend or country.

As vice chair of the House Seapower and Projection Forces Subcommittee of the Armed Services Committee, I am pleased to see the bill make progress toward rebuilding a 355-ship Navy fleet. The bill funds the construction of 12 new Navy ships, including three littoral combat ships.

The bill also funds the procurement of additional F-35s, F/A-18 Super Hornets, Black Hawk helicopters, Abrams tanks, and C-130J aircraft, among many others.

Given the current threat environment, the bill invests in our Nation's missile defense programs and ensures support for some of our key allies around the globe.

Mr. Speaker, peace through strength should always be the position of the United States. There is no greater deterrent to war than a strong, fully equipped U.S. military.

I want to thank Chairwoman Granger and her subcommittee for their work on this legislation, and I look forward to a strong bipartisan vote later this week.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4294) to amend the Financial Stability Act of 2010 to provide a criminal penalty for unauthorized disclosures of certain individually identifiable information by officers or employees of a

Federal department or agency, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on this bill.

Mr. Speaker, I include in the Record an exchange of letters between the committees of jurisdiction.

House of Representatives,

Committee on the Judiciary,

Washington, DC, June 22, 2018.

Hon. Jeb Hensarling,

Chairman, Committee on Financial Services,

Washington, DC.

Dear Chairman Hensarling: I write with respect to H.R.

4294, the ``Prevention of Private Information Dissemination

Act.'' As a result of your having consulted with us on

provisions within H.R. 4294 that fall within the Rule X

jurisdiction of the Committee on the Judiciary, I forego any

further consideration of this bill so that it may proceed

expeditiously to the House floor for consideration.

The Judiciary Committee takes this action with our mutual

understanding that by foregoing consideration of H.R. 4294 at

this time, we do not waive any jurisdiction over subject

matter contained in this or similar legislation and that our

committee will be appropriately consulted and involved as

this bill or similar legislation moves forward so that we may

address any remaining issues in our jurisdiction. Our

committee also reserves the right to seek appointment of an

appropriate number of conferees to any House-Senate

conference involving this or similar legislation and asks

that you support any such request.

I would appreciate a response to this letter confirming

this understanding with respect to H.R. 4294 and would ask

that a copy of our exchange of letters on this matter be

included in the Congressional Record during floor

consideration of the bill.

Sincerely,

Bob Goodlatte,

Chairman.

Mr. Speaker, I yield such time as he may consume to the gentleman from Tennessee (Mr. Kustoff), the author of this bill.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.