Pete King

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include any extraneous material on the bill under consideration.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of the legislation. Recent high-profile cases of government employees leaking classified information have caused drastic damage to U.S. national security and diplomacy. The names Snowden and Manning are now synonymous with the term ``insider threat.'' Unfortunately, Snowden, Manning, and others were able to conduct their traitorous work undetected because the government had at one time vetted and granted them access to secure facilities and information systems. In response to these cases, it is vital that Congress ensure Federal agencies have the tools to detect and disrupt future insider threat situations before damage is done. H.R. 666, in contrast to its unholy numbering, has the important and respectable goal of authorizing and expanding insider threat detection and mitigation efforts at the Department of Homeland Security. DHS has over 115,000 employees with access to classified information and many more with access to law enforcement sensitive data. Unauthorized disclosures of classified information, whether deliberate or unwitting, represent a significant threat to national security. The very nature of modern communication systems, as well as DHS' important information-sharing role with State and local partners, adds complexity to the challenge and requires thoughtful programs to educate employees and enhance DHS-wide detection capabilities. The bill directs DHS to develop a strategy for the Department to identify, prevent, mitigate, and respond to insider threats and requires DHS to ensure that personnel understand what workplace behavior may be indicative of a potential insider threat and how their activity on DHS networks will be monitored. The bill codifies a comprehensive insider threat program at DHS that can be implemented through the Department and its component agencies and, most importantly, reinforces the importance of preventing future insider attacks. I want to thank Homeland Security Chairman McCaul, Ranking Member Thompson, and Congressmen Dan Donovan and Lou Barletta for working with me to bring this bill to the floor. The same bill passed the House floor in November 2015 by voice vote. Unfortunately, last-minute scheduling issues with the Senate prevented the bill from reaching the President's desk. I am pleased that the House is willing to take up this measure so quickly in the new Congress so we can move it through the process. I look forward to working with the Senate to move this measure forward. I urge my colleagues to support this bill so we can establish a comprehensive, transparent, DHS-wide insider threat program. I urge support for the bill. Mr. Speaker, I reserve the balance of my time.

Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include any extraneous material on the bill under consideration.

Mr. KING of New York. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 666) to amend the Homeland Security Act of 2002 to establish the Insider Threat Program, and for other purposes.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I am proud to rise today to acknowledge the 75th birthday of Charles A. Weiss, my friend and roommate from the University of Notre Dame Law School. Charlie Weiss is a true legal giant who continues to be an extremely active litigator with the renowned Brian Cave law firm. A proud lifelong resident of Missouri, Charlie graduated Phi Beta Kappa from the University of Missouri before attending Notre Dame Law School where he was an editor of the Law Review and received his Juris Doctor degree in 1968. During his distinguished legal career, Charlie has practiced in state and federal courts throughout the country, including 39 different federal district courts, 8 federal courts of appeals and the United States Supreme Court dealing with significant cases which include class actions, intellectual property, securities, antitrust and constitutional law. Charlie has also been active in local, state and federal bar associations serving in such key positions as President of the Bar Association of Metropolitan St. Louis, President of the Missouri Bar Association and a member of the House of Delegates and the Board of Governors of the American Bar Association, plus being on numerous ABA standing committees. Charlie has done much for the Notre Dame Law School, serving as President of the Notre Dame Club of St. Louis and President of the Notre Dame Law Association. In 2013, Charlie was the recipient of the Law School's Rev. Michael D. McCafferty C.S.C. Award. Charlie's commitment to justice is demonstrated by his extensive pro bono work on behalf of indigent clients, most notably leading a team of lawyers to win the release in 2009 of an innocent man who had spent 17 years in prison for a murder he did not commit. Charlie and his wife Susan are outstanding people who are proud parents and grandparents. As a friend and fellow Notre Dame graduate, I know that I speak for the countless people whose lives have been enriched by our association with Charlie Weiss in wishing him a very Healthy and Happy 75th Birthday and many more after that. Go Irish.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I rise today to recognize an extraordinary public servant and a dedicated leader of the U.S. Intelligence Community (IC), Brigadier General (Retired) Francis Xavier Taylor, the Under Secretary for Intelligence and Analysis at the Department of Homeland Security. Brig Gen Taylor came out of retirement in 2014 when the President nominated him to be the Under Secretary for Intelligence and Analysis (I&A) at the U.S. Department of Homeland Security (DHS). After nearly 40 years of honorable service to our nation, Under Secretary Taylor will retire again on Friday, January 20, 2017. Under Secretary Taylor applied his knowledge and experience from his 31 years in the United States Air Force, his service at the U.S. Department of State as an Ambassador for Counterterrorism and head of Diplomatic Security, and as Vice President of Security at General Electric. Applying his decades of experience and innovative thinking, Under Secretary Taylor rolled up his sleeves and got to work. Due to Under Secretary Taylor's leadership, I&A is much further along on its vision of driving information sharing and delivering intelligence and analysis to operators and decision-makers at all levels. One of Under Secretary Taylor's first actions at I&A was to guide the organization through a transformation. He removed internal I&A stovepipes and realigned the organization to ensure DHS-collected information now forms the basis of the majority of I&A production. Under Secretary Taylor also ordered that finished intelligence include State and local data. Under Secretary Taylor also worked tirelessly to mature and strengthen the Department's relationship with the state and local fusion centers and make information sharing a priority. In FY2016, 62 percent of I&A's finished intelligence products were disseminated at the SECRET level or below to best serve those who protect our borders, critical infrastructure and communities. Under Secretary Taylor also took to heart the need to invest in the workforce and address extremely low employee morale. He spent a great deal of his tenure fine-tuning the organization, restructuring and rebalancing the workforce. He drastically reduced the ratio of supervisors to workers, reducing the amount of bloated management and replacing it with what he called ``seed corn''--young, junior people brought in to rejuvenate the organization and help develop a truly homeland-focused workforce. Our Nation owes this public servant a tremendous debt of gratitude. I wish to thank Under Secretary Taylor for his decades of exceptional service to our country and to wish him and his wife Connie the very best in the days and years ahead. Under Secretary Taylor can now enjoy his three grandchildren Ava, Aaron and Alexander, while taking in some more games under the Golden Dome at Notre Dame.

Mr. KING of New York

Mr. KING of New York. Mr. Chairman, I rise in support of H.R. 78, the SEC Regulatory Accountability Act. If passed, the SEC would be required to follow President Obama's executive order that requires a thorough cost-benefit analysis of new rules and a comprehensive review of existing regulations. Under current law, the SEC must consider the effect of its rules on ``efficiency, competition, and capital formation,'' and weighing costs and benefits is necessary to meet this requirement. Cost-benefit analysis is not a new idea. Agencies have done this kind of analysis for over 30 years. In fact, it is a bipartisan idea. In 1981, President Reagan issued an executive order requiring Cabinet- level agencies to engage in cost-benefit analysis, which President Clinton expanded with another executive order in 1993. Unfortunately, independent agencies are not subject to executive orders and those regulated by the SEC have suffered as a result. From 2005 to 2012, SEC regulations were overturned consistently by the courts for inadequate economic analysis and unjustified costs. While the SEC has taken steps to improve its rulemaking process, H.R. 78 will ensure that future rules maximize economic benefit and companies do not face unnecessary hurdles when they access our capital markets. Democrats and Republicans often do not agree on policy, but I hope we can agree on the need for a fair, transparent, and informed process. I thank my distinguished colleague for introducing this vital legislation.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 1915) to direct the Secretary of Homeland Security to make anthrax vaccines available to emergency response providers, and for other purposes, and ask for its immediate consideration in the House.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 1808) to require the Secretary of Homeland Security to conduct a Northern Border threat analysis, and for other purposes, and ask for its immediate consideration in the House.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I rise today to express my strong support for H.R. 1197, the Accelerating the End of Breast Cancer Act. This legislation, which has over 270 bipartisan cosponsors, would establish the Commission to Accelerate the End of Breast Cancer with the goal of leveraging existing investments in cancer research and making true progress in curing breast cancer. This year 40,450 women and 440 men will die of breast cancer in the United States. Despite government and private sector investments, we have not made adequate progress on improving breast cancer incidence, morbidity, and mortality rates. The chance of a woman developing breast cancer in her lifetime has increased from 1 in 11 in 1975 to 1 in 8 today. If enacted, H.R. 1197 would allow us to harness the full potential of existing research in order to end breast cancer. We must take advantage of this opportunity to make a difference in the lives of women suffering from this disease. I strongly urge this chamber to take up H.R. 1197 and pass it before the end of this session.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I thank the gentleman from Virginia (Mr. Goodlatte), the chairman of the Judiciary Committee for yielding. Let me, at the outset, thank him for the outstanding work that he has done in bringing this bill, this legislation, to this historic moment where I certainly hope and urge the House of Representatives to override--to join the Senate in overriding the President's veto of JASTA. I take very seriously the objections the President has raised, but this bill wasn't drawn in a vacuum, and it hasn't reached this stage in a vacuum. Primarily led by people like Chairman Goodlatte, Congressman Nadler, who is the chief cosponsor of the bill, and also by the leading sponsors in the Senate, all of the President's objections, I believe, were addressed. Changes were made. This bill is not going to put American soldiers at risk. It is not going to put American diplomats at risk. What it is going to do is finally allow the 9/11 families to have their day in court to seek the justice they have long been denied. And if the Government of Saudi Arabia has no involvement, if there is no liability, they have nothing to worry about. But the fact is, those of us who live in New York, who live in New Jersey, and all Americans, no matter where you happen to live, those of us who were alive on that day know how much this affected all of us. But just think about how it affected those families, those who lost their husbands and wives and children and grandchildren and mothers and fathers. So it is really essential that this House today stand on the side of those who seek justice, realizing that we are doing nothing in any way at all to put any American lives at risk. What we want to do is seek justice against those who did cause Americans to die. Again, I thank the Senate for their override vote today. I thank Chairman Goodlatte for his outstanding work. I thank my good colleague, Jerry Nadler. Dan Donovan has done so much since he has come to the Congress. I urge the House of Representatives to join with the Senate in overriding the veto of the President of the United States.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, as the lead sponsor of the House companion to this legislation, I would also like to address two technical items in the Justice Against Sponsors of Terrorism Act that deserve clarification. The first issue deals with Section 4 of JASTA. Section 4 amends the Anti-Terrorism Act to create a cause of action for aiding and abetting terrorism. It is a narrowly crafted provision aimed at any ``person,'' as defined in section 1 of title 1 of the U.S. Code. After the Senate passed JASTA, one commentator speculated that the definition of ``person'' in this section was too limited and would not permit such a cause of action against a foreign government. This would be an inaccurate interpretation of the text. Section 3 of JASTA expressly authorized jurisdiction for claims made under section 2333 of title 18 and made clear that such claims would be permitted against foreign states in any case in which the new jurisdictional exception of JASTA, proposed section 1605B, might apply. This language should be interpreted as controlling. This point should be obvious given the underlying purpose and structure of JASTA, but I wanted to make it emphatically clear here. The second item addresses Section 5 of JASTA, the provision authorizing a stay of actions in appropriate circumstances. When the Senate passed JASTA on May 17, Senator Charles Schumer emphasized that, should the government pursue a stay pursuant to this provision, it should be prepared to provide substantial evidence of good faith negotiations to the court such as details about those involved in the discussions and their authority to reach a resolution, where and when the discussions occurred, and a timeline for resolving the matter. I agree with Senator Schumer that these factors are important, but I also understand the concept of ``good faith'' to include additional requirements that the court should consider. First, we expect that good faith settlement discussions will include appropriate representatives of the plaintiffs in any litigation, such as the lead counsel designated by the court or otherwise. Second, as the court evaluates whether good faith discussions are ongoing, it should also remember that those discussions are designed to achieve a fair and equitable resolution of the disputes, taking fully into account the gravity of the harm and scope of the claims in issue, the length of the pendency of the claims, and other relevant factors. In other words, the purpose of negotiations is not simply to come to a settlement, but to come to a fair and equitable one. Third and finally, given the realities of international terrorism and the sometimes murky relationship between private and state parties, any discussions occurring pursuant to a stay may properly encompass the resolution of claims against private parties, so as to enable a comprehensive resolution of disputes arising under JASTA that implicate foreign relations.

Mr. KING of New York

Mr. KING of New York. I thank the chairman for yielding. Mr. Speaker, this is a great day for America. Let me, at the outset, commend Chairman Goodlatte for the outstanding work that he has done, for always keeping his word, for being a person we could always count on to do what had to be done, and always told us what he was doing, and always carried everything out. So I thank Bob very much. Let me thank the Speaker of the House, Mr. Ryan; the Majority Leader, Mr. McCarthy; the Democratic leaders, Nancy Pelosi and Steny Hoyer; and my good friend, Jerry Nadler, for being there from day one. Also, let me thank former Congressman Dan Lungren, who was the original lead sponsor of this bill going back several years. Let me also thank the 9/11 families for the fact that they have never, ever yielded. They have never stepped back. They have always kept this issue on the front burner at a time when too many Americans choose to look the other way. I especially want to thank Terry Strada and the great work that she has done. Her husband, Tom, her father-in-law, Ernie, and her mother- in-law, Mary Ann, are very good friends. I want to again thank her for the job that she did. And her husband, certainly she is carrying on his name; and Terry, I thank you for that. This is essential. It is essential that justice be done. It is essential that 9/11 families have the right to bring action in American courts. As Judge Poe said, this is the most basic constitutional right. This is an obligation. It is an obligation we, in the Congress, have to not allow foreign lobbyists or foreign countries or anyone else to intimidate us. Justice must be done, and we want to make sure that there are no more 9/11s. This is one more step we can take to show foreign governments they cannot step aside, they cannot walk away when something is carried out, where they are sort of looking the other way to make believe it is not happening. I am not prejudging the case, but the fact is the 9/11 families have the right to have this resolved in court, and I am proud to stand with them. I want to commend my colleague, Dan Donovan. From the day he arrived here in Congress, this has been a major issue for him. The Zadroga Act and JASTA is what propels him and certainly has motivated me. So, again, I want to thank all the 9/11 families for all the work they have done. It is a bipartisan effort. It is an American effort, and we can be very proud as we go into the 15th anniversary of the most horrible day in America that we have not given up the fight. We will continue to fight and we will win.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I rise today to honor the life of a remarkable woman, Carolyn Radcliff, who passed away peacefully on June 17th. Carolyn was a devoted and distinguished public servant. Many of those years were spent here on Capitol Hill as an Administrative Assistant for myself, my predecessor, Rep. Norman Lent (NY) and Rep. William Royer (CA). Prior to her Congressional service, Carolyn served as a Confidential Assistant to the County Supervisor, San Mateo, CA, and as Legal Secretary to the Assistant District Attorney, San Mateo County. No one questioned Carolyn's love for life. Her laugh was contagious. Her outlook and positive spirit were unmatched. Yet nothing surpassed her devotion and love for her family, especially her son Tadd and her four grandchildren: Cody, Sam, Laney and Cooper. Every holiday and birthday was a required trip to Janesville, WI. I extend my condolences to Carolyn's family and the many individuals who were honored to call her a friend. She will be missed but never forgotten.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I rise today to celebrate the 40th anniversary of the National Volunteer Fire Council (NVFC). This important organization represents the interests of volunteer fire, EMS and rescue workers, who make up approximately 69 percent of the nation's fire service. As co-chairman of the Congressional Fire Services Caucus, I am proud to work with the National Volunteer Fire Council to advocate for the interests of these brave men and women who volunteer their time and risk their lives for our communities. The NVFC has been a powerful voice for the volunteer firefighter, EMT and rescue service. Since the Council began, fire death rate per million population declined by 70 percent and on-duty firefighter fatalities have dropped by half. The Council's efforts to promote safety and fire prevention are also noteworthy. The number of fire calls per year is less than half of what it was in 1980. In the last few decades, we have learned more about the additional grave dangers that firefighters face, including cancer, PTSD, vehicle crashes, and heart events. I will continue to work with the NVFC to advocate for the health and safety of the volunteer fire service community. The National Volunteer Fire Council has come a long way since its founding in 1976 and I know it will continue to serve its membership and the greater community well for many years to come.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I have an amendment to the preamble at the desk.

Mr. KING of New York. Mr. Speaker, I ask unanimous consent that the Committee on Foreign Affairs be discharged from further consideration of the resolution (H. Res. 716) commemorating the 100th anniversary of the 1916 Easter Rising, a seminal moment in Ireland's journey to independence, and ask for its immediate consideration in the House.

Mr. KING of New York. Mr. Speaker, I have an amendment to the text at the desk.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, this year is the 100th anniversary of the Easter Rising in Dublin, Ireland, which was the seminal moment in the fight for Irish independence. Since that time, the United States and Ireland have had an extremely close relationship in trade, business, and on so many other issues on which we work together, probably none more important than the Good Friday Agreement, which was achieved 18 years ago this year. It is working today, for, after centuries of fighting and strife, there is now a peace process in Northern Ireland which has succeeded, is succeeding, and is going forward. I acknowledge this today, the 100th anniversary of the Easter Rising, and the Prime Minister of Ireland, Enda Kenny, is in Washington today to help us commemorate this.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I thank the chairman for yielding. Mr. Speaker, I rise today in strong support of H.R. 3340, the Financial Stability Oversight Council Reform Act. Mr. Speaker, I do not support the creation of FSOC and OFR and do not think that 10 unelected agency heads should be able to have such influence over the U.S. financial system. But H.R. 3340 doesn't even curtail any of FSOC's or OFR's powers. It simply provides greater accountability by making their budget subject to the annual Congressional appropriations process. Strengthening congressional oversight would force FSOC and OFR to address questions and concerns from both sides of the aisle. Requiring OFR to report quarterly to Congress and provide the standard public notice and comment period before issuing any report or regulation is just common sense. In fact, it would ultimately serve the public interest to provide transparency and diverse perspectives on issues affecting the financial services industry. The FSOC has the authority to declare large companies as ``systematically important financial institutions'' and then subject them to a new, costly regulatory regime that is designed for banks. I have serious concerns about their power, but this bill wouldn't even change that. It would only provide desperately needed transparency and accountability to the SIFI designation process, which was recently described by a Federal judge as ``fatally flawed'' and ``arbitrary and capricious.'' 2008 demonstrated that we need effective regulation of our financial system, but regulators need to be held accountable for their decisions, especially given the impact they have on the competitiveness of U.S. companies. Mr. Speaker, I commend Mr. Emmer for his legislation. I strongly urge the adoption and passage of this legislation.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I thank the gentlewoman for yielding. I especially thank her for arranging this Special Order tonight in memory of Justice Scalia, who was truly a legal giant. He was a man who surpassed all of the intellects that I have been aware of in my lifetime. Certainly no one in the legal profession has demonstrated more of a love for the law, more respect for the law, and more respect for the original intent of the Constitution. Now, I have nowhere near the personal contact with Justice Scalia that the gentlewoman from Virginia (Mrs. Comstock) did or the gentleman from Nebraska (Mr. Fortenberry). I did meet him on a number of occasions. I had the opportunity to speak with him. Usually our conversations consisted of talking about the fact that we lived in working class neighborhoods in Queens. We grew up about a mile apart from each other. We both attended Jesuit high schools. That is about where the comparison ended as far as the Jesuit high schools, because he was valedictorian and I was far from it. He was a person who had the strength of somebody from the neighborhood, but he had the scholar's intellect. He had an intellect that went beyond tremendous intelligence. It was an intellect that was shaped and framed by his deep religious faith and a belief in undiminished, lasting, and immutable principles. That is what reflected throughout his opinions. Yet he never let his own feelings or prejudices influence his thinking. That was certainly proven in the flag burning case. If there is anyone who loved his country and would oppose the concept of the act of flag burning, it was Justice Scalia. Yet he upheld the act as an expression of free speech, as much as it pained him. Something that many of us in politics and government have a hard time doing is following the letter of the law, following the intent of the law, and following the meaning of the law. Somehow, we like to put in our own feelings and beliefs. The fact is Justice Scalia told us that there is a higher principle than that. Also he had such a respect for language. There were no easy words thrown about. There were no escape clauses or phrases. There was an intent and purpose and meaning to everything that he did. To read his opinions, whether in the majority--and knowing that he was in the majority made us feel much better--or in his dissents, you realized, again, how determined he was, how forceful he was, and how committed he was to arriving at the correct decision--one which, again, followed the original intent of the Constitution. There were several references by Barbara Comstock to his funeral service on Saturday. Again, it was an expression by so many people of their love and respect for such an outstanding human being, a person whom I doubt we will ever see the likes of again--certainly, in our lifetimes. He was a giant of the law. He was a giant of his faith. He was a giant of his country. I am proud to join with all of my colleagues tonight--especially Barbara Comstock, who arranged this Special Order-- in honoring the memory of Justice Scalia and hoping that that memory lives forward to carry out his unmatched love for the law, love for his country, and love for his family and his religion.

Mr. KING of New York

Mr. KING of New York. Mr. Speaker, I once again urge my colleagues to support H.R. 3505. I commend the ranking member, the gentleman from Mississippi, for authoring this legislation. I am proud to support it. It is a commonsense, good-government bill that will reduce waste and improve security. I yield back the balance of my time.

Mr. KING of New York. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of the legislation. In 2013, Director of National Intelligence James Clapper called the number of individuals with clearances ``too high.'' In a memo to government agencies, Director Clapper expressed his concern with the growing number of individuals with access to classified information, particularly TS/SCI clearances. H.R. 3505 complements the bill the House just passed, H.R. 3361. One important element of any Insider Threat Program is knowing who has access to classified information and who has a need to know specific information. This bill requires the DHS Secretary to conduct a review of all positions within the Department designated as positions of national security to confirm whether or not those positions continue to require security clearances. This is an example of good government. The bill directs the Department to conduct an inventory of its positions that require security clearances and assess what positions may be duplicative or are no longer necessary. As we know, security clearances are costly to investigate, adjudicate, and maintain. This bill will ensure that DHS conducts a thorough screening of its workforce needs and reduces the number of positions, if determined appropriate. The bill introduced by Ranking Member Thompson is an example of the accounting that each Federal department should be conducting today and will lead to a more lean and effective Department of Homeland Security in the future. I urge support for the bill. Mr. Speaker, I reserve the balance of my time.

Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include any extraneous material on the bill under consideration.

Mr. KING of New York. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3505) to amend the Homeland Security Act of 2002 to improve the management and administration of the security clearance processes throughout the Department of Homeland Security, and for other purposes.