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  • Strengthening Cybersecurity Information Sharing and Coordination in Our Ports Act of 2015

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    Posted on 2015-12-16

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    Congressional Record, Volume 161 Issue 183 (Wednesday, December 16, 2015)

    [Congressional Record Volume 161, Number 183 (Wednesday, December 16, 2015)]
    [House]
    [Pages H9352-H9355]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
    
    
    
    
    STRENGTHENING CYBERSECURITY INFORMATION SHARING AND COORDINATION IN OUR 
                               PORTS ACT OF 2015
    
      Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules
    
    [[Page H9353]]
    
    and pass the bill (H.R. 3878) to enhance cybersecurity information 
    sharing and coordination at ports in the United States, and for other 
    purposes, as amended.
      The Clerk read the title of the bill.
      The text of the bill is as follows:
    
                                   H.R. 3878
    
           Be it enacted by the Senate and House of Representatives of 
         the United States of America in Congress assembled,
    
         SECTION 1. SHORT TITLE.
    
           This Act may be cited as the ``Strengthening Cybersecurity 
         Information Sharing and Coordination in Our Ports Act of 
         2015''.
    
         SEC. 2. IMPROVING CYBERSECURITY RISK ASSESSMENTS, INFORMATION 
                       SHARING, AND COORDINATION.
    
           The Secretary of Homeland Security shall--
           (1) develop and implement a maritime cybersecurity risk 
         assessment model within 120 days after the date of the 
         enactment of this Act, consistent with the National Institute 
         of Standards and Technology Framework for Improving Critical 
         Infrastructure Cybersecurity and any update to that document 
         pursuant to Public Law 113-274, to evaluate current and 
         future cybersecurity risks (as that term is defined in the 
         second section 226 of the Homeland Security Act of 2002 (6 
         U.S.C. 148));
           (2) evaluate, on a periodic basis but not less than once 
         every two years, the effectiveness of the cybersecurity risk 
         assessment model established under paragraph (1);
           (3) seek to ensure participation of at least one 
         information sharing and analysis organization (as that term 
         is defined in section 212 of the Homeland Security Act of 
         2002 (6 U.S.C. 131)) representing the maritime community in 
         the National Cybersecurity and Communications Integration 
         Center, pursuant to subsection (d)(1)(B) of the second 
         section 226 of the Homeland Security Act of 2002 (6 U.S.C. 
         148);
           (4) establish guidelines for voluntary reporting of 
         maritime-related cybersecurity risks and incidents (as such 
         terms are defined in the second section 226 of the Homeland 
         Security Act of 2002 (6 U.S.C. 148)) to the Center (as that 
         term is defined subsection (b) of the second section 226 of 
         the Homeland Security Act of 2002 (6 U.S.C. 148)), and other 
         appropriate Federal agencies; and
           (5) request the National Maritime Security Advisory 
         Committee established under section 70112 of title 46, United 
         States Code, to report and make recommendations to the 
         Secretary on enhancing the sharing of information related to 
         cybersecurity risks and incidents between relevant Federal 
         agencies and State, local, and tribal governments and 
         consistent with the responsibilities of the Center (as that 
         term is defined subsection (b) of the second section 226 of 
         the Homeland Security Act of 2002 (6 U.S.C. 148)); relevant 
         public safety and emergency response agencies; relevant law 
         enforcement and security organizations; maritime industry; 
         port owners and operators; and terminal owners and operators.
    
         SEC. 3. CYBERSECURITY ENHANCEMENTS TO MARITIME SECURITY 
                       ACTIVITIES.
    
           The Secretary of Homeland Security, acting through the 
         Commandant of the Coast Guard, shall direct--
           (1) each Area Maritime Security Advisory Committee 
         established under section 70112 of title 46, United States 
         Code, to facilitate the sharing of cybersecurity risks and 
         incidents to address port-specific cybersecurity risks, which 
         may include the establishment of a working group of members 
         of Area Maritime Security Advisory Committees to address 
         port-specific cybersecurity vulnerabilities; and
           (2) that any area maritime security plan and facility 
         security plan required under section 70103 of title 46, 
         United States Code approved after the development of the 
         cybersecurity risk assessment model required by paragraph (1) 
         of section 2 include a mitigation plan to prevent, manage, 
         and respond to cybersecurity risks.
    
         SEC. 4. VULNERABILITY ASSESSMENTS AND SECURITY PLANS.
    
           Title 46, United States Code, is amended--
           (1) in section 70102(b)(1)(C), by inserting 
         ``cybersecurity,'' after ``physical security,''; and
           (2) in section 70103(c)(3)(C), by striking ``and'' after 
         the semicolon at the end of clause (iv), by redesignating 
         clause (v) as clause (vi), and by inserting after clause (iv) 
         the following:
           ``(v) prevention, management, and response to cybersecurity 
         risks; and''.
    
      The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
    Michigan (Mrs. Miller) and the gentlewoman from California (Mrs. 
    Torres) each will control 20 minutes.
      The Chair recognizes the gentlewoman from Michigan.
    
    
                                 General Leave
    
      Mrs. MILLER of Michigan. 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 materials on the bill under 
    consideration.
      The SPEAKER pro tempore. Is there objection to the request of the 
    gentlewoman from Michigan?
      There was no objection.
      Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I 
    may consume.
      Mr. Speaker, I rise in support of H.R. 3878, and I urge its passage.
      Since the terrorist attacks of 9/11, the U.S. Congress has 
    appropriated $2.4 billion in port security grant funds to protect port 
    facilities against potential terror attacks. As a nation, we have done 
    a fairly good job of updating the physical security at ports, but the 
    U.S. Government has been very slow to ensure that our ports are secure 
    from cyber vulnerabilities.
      For example, cybersecurity of our Nation's critical infrastructure 
    has been on the Government Accountability Office's High Risk List since 
    2003, yet we have not fully engaged on cybersecurity efforts at the 
    Nation's 360 seaports.
      The threat of a cyber attack is real, and, when addressing the 
    protection of maritime critical infrastructure, we must clearly define 
    the roles and responsibilities for ensuring our Nation's ports are 
    protected.
      Under the Maritime Transportation Security Act of 2002, the Coast 
    Guard is identified as the government agency responsible for ensuring 
    the physical security at our Nation's port infrastructure. This bill 
    makes it clear that the Coast Guard is also the primary agency 
    responsible for ensuring the maritime sector is prepared to prevent and 
    to respond to cybersecurity risk and vulnerability.
      More than $1 trillion of goods--from cars, to oil, to corn, and 
    everything in between--move through our Nation's seaports each and 
    every year. Like many industries in America, port facilities and ship 
    operators are increasingly moving cargo through our ports using 
    automated industrial control systems.
      While this automation certainly has a lot of benefits, such as 
    reducing the time that it takes to stock our shelves and lowering the 
    cost of doing business, it doesn't come without risks. These computer 
    systems are controlling machinery at port facilities to move containers 
    and fill tanks and onload and offload ships.
      Terror groups, nation-states, criminal organizations, hackers, and 
    even disgruntled employees could breach these systems, with potentially 
    catastrophic results to the Nation's security and economy.
      Breaches in the maritime domain are particularly concerning, not only 
    from an economic standpoint, but because the dangerous cargos, such as 
    liquefied natural gas and other dangerous cargos, that also pass 
    through our Nation's seaports are at risk.
      Just as we have hardened physical security at our Nation's ports, we 
    need to do the same in virtual space to protect the systems critical to 
    the maritime transportation system against malicious actors. This bill 
    does just that, and it requires the Coast Guard to develop a 
    comprehensive cyber risk assessment specific to the vulnerabilities of 
    the maritime industry. It directs the Secretary of Homeland Security to 
    encourage participation with information sharing to better streamline 
    coordination at the national level.
      H.R. 3878 is a bipartisan piece of legislation, introduced by my 
    colleague from California (Mrs. Torres), and I give her great credit 
    for this piece of legislation, working with so many Members on this. It 
    actually is the result of a hearing held by the Homeland Security 
    Subcommittee that I chaired back in October on the subject of 
    cybersecurity at our Nation's ports.
    
                                  {time}  1230
    
      The bill clarifies the Department of Homeland Security's role in 
    maritime cybersecurity as well as it ensures that port facilities work 
    with the Coast Guard to identify cyber risks and vulnerabilities and 
    share best practices across the industry. This is the first step, Mr. 
    Speaker, in protecting our ports from cyber threats, and I certainly 
    urge my colleagues to join this commonsense, bipartisan legislation.
      Again, I want to thank the gentlewoman from California for her work 
    on this issue.
      Mr. Speaker, I reserve the balance of my time.
      Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
      Mr. Speaker, I rise in support of H.R. 3878, the Strengthening 
    Cybersecurity Information Sharing and Coordination in Our Ports Act.
      Mr. Speaker, I introduced H.R. 3878, the Strengthening Cybersecurity 
    Information Sharing and Coordination in
    
    [[Page H9354]]
    
    Our Ports Act, to ensure the Department of Homeland Security takes a 
    more proactive approach to address cybersecurity risks at our Nation's 
    ports and to improve cybersecurity information sharing and coordination 
    between public and private partners at maritime facilities.
      The United States has approximately 360 commercial sea and river 
    ports which use cyber technology to move over $1 trillion worth of 
    cargo each year. The Ports of Los Angeles and Long Beach and other 
    ports in California account for almost 40 percent of the cargo entering 
    this country, and nearly 30 percent of the country's exports leave 
    through California ports.
      The Port of Los Angeles is the number one port by container volume 
    and cargo value in the United States, seeing around $1.2 billion worth 
    of cargo each day. Each year, the Port of Long Beach handles more than 
    6.8 million 20-foot container units in cargo value at $180 billion and 
    is the second busiest port in the U.S. With so much economic activity 
    happening at our Nation's ports, protecting the cyber networks they 
    rely on is critical to our local and national economy.
      This past October, the Subcommittee on Border and Maritime Security 
    on which I serve held a hearing focused on the threat of cyber attacks 
    at a port and how the Coast Guard is working with private and public 
    partners to protect maritime critical infrastructure against such 
    attacks. This is of particular interest to me because many of the goods 
    that enter through the Ports of Long Beach and Los Angeles come 
    directly to my district where the goods are redistributed throughout 
    the Nation. The hearing was called in response to a June 2014 GAO 
    report recommending the Department of Homeland Security take action to 
    strengthen cybersecurity at our Nation's ports.
      Mr. Speaker, the report found that maritime Sector Coordinating 
    Councils are no longer active. These councils include port owners, 
    operators, and related private industry associations. This means that 
    today there is no one entity that coordinates information sharing 
    between the ports, the private sector, and government stakeholders.
      At the October subcommittee hearing, we received testimony that 
    information sharing on cyber risks at ports should be stronger and that 
    some ports lack the resources to prevent, identify, and respond to 
    cyber attacks. To address these challenges, I introduced H.R. 3878, 
    which will require the Secretary of Homeland Security and the 
    Commandant of the U.S. Coast Guard to take several steps to enhance 
    cybersecurity at our ports.
      Specifically, it requires the Secretary of Homeland Security to 
    establish guidelines for reporting cybersecurity risks, to develop and 
    implement a maritime cybersecurity risk model, and to make 
    recommendations on enhancing the sharing of cyber information. It also 
    requires the Coast Guard to direct Area Maritime Security Committees to 
    address cybersecurity risks. These measures will create an environment 
    where DHS, the Coast Guard, ports, and stakeholders work together to 
    enhance cybersecurity at our Nation's ports.
      Mr. Speaker, I would like to thank Chairman McCaul and Subcommittee 
    Chairwoman Miller for their cooperation and the bipartisan nature of 
    the staff discussions on this bill. Mr. Speaker, I urge my colleagues 
    to support H.R. 3878.
      I reserve the balance of my time.
      Mrs. MILLER of Michigan. Mr. Speaker, I yield such time as he may 
    consume to the distinguished gentleman from New York (Mr. Donovan).
      Mr. DONOVAN. Mr. Speaker, I rise today in support of H.R. 3878, the 
    Strengthening Cybersecurity Information Sharing and Coordination in Our 
    Ports Act of 2015.
      This bill by my friend Representative Torres contains an amendment I 
    offered at committee, which makes an important change to the Maritime 
    Transportation Security Act of 2002.
      More than $1.3 trillion worth of cargo travels through U.S. ports 
    each year, making them a truly critical part of our Nation's 
    infrastructure. Any disruption or slowdown of activity could have a 
    tremendous impact on the entire economy, costing billions of dollars 
    every day.
      Ensuring the security of our maritime infrastructure is a complex 
    task and one that falls primarily on the United States Coast Guard. 
    However, while the Coast Guard has the history and the expertise to 
    provide physical security, its mission of ensuring that our maritime 
    infrastructure is safe from cyber threats is still evolving.
      Currently, the Maritime Transportation Security Act of 2002 requires 
    vessels and port facilities to conduct vulnerability assessments and 
    develop security plans for physical security, access controls, 
    procedural security measures, and communication systems. My amendment 
    in committee added cybersecurity to that list. This addition will make 
    it crystal clear that the Coast Guard has the specific authority to 
    require maritime vessels and facilities to incorporate cybersecurity 
    into their assessments and plans.
      The need for this change and the underlying legislation was 
    highlighted during a hearing before the Border and Maritime Security 
    Subcommittee on the topic of cybersecurity at our Nation's ports. In 
    that hearing, we heard how a range of actors--from narcotics 
    traffickers to terrorist organizations, and even nation-states--could 
    exploit cyber vulnerabilities at our ports for the purpose of smuggling 
    illicit materials or causing severe economic disruption. Mr. Speaker, 
    this legislation will ensure that we are better prepared to respond to 
    the growing cyber threat to our Nation's maritime infrastructure.
      I thank Representative Torres for offering this legislation and for 
    accepting my amendment at committee.
      Mr. Speaker, I urge my colleagues to support the bill.
      Mrs. TORRES. Mr. Speaker, I yield 3 minutes to the gentleman from 
    California (Mr. Lowenthal).
      (Mr. LOWENTHAL asked and was given permission to revise and extend 
    his remarks.)
      Mr. LOWENTHAL. I thank the gentlewoman for yielding.
      Mr. Speaker, I rise in support of H.R. 3878, the Strengthening 
    Cybersecurity Information Sharing and Coordination in Our Ports Act of 
    2015.
      Mr. Speaker, in southern California, I represent the Port of Long 
    Beach, which is one of the busiest seaports in the country, is set to 
    handle more than 7 million containers this year, and accounts for 
    nearly 20 percent of all the loaded containers moving throughout our 
    Nation. It is a critical link for trade between our country and Asia 
    and is a linchpin for our national security and our national economy. 
    In other words, the security of the Port of Long Beach is not to be 
    treated lightly.
    
      I am not a stranger to the critical nature of the port, but we are 
    now learning about emerging port-specific cyber threats. This body 
    recently took the first steps to fight off the growing threats to our 
    Nation's cybersecurity with a number of bills and hearings on this 
    topic. I am glad that out of those hearings, our attention now turns to 
    the cybersecurity of our critical infrastructure, including the 
    hundreds of cargo ports in this country.
      As a result of H.R. 3878, we would see working groups forming at our 
    ports and coming together to address port-specific cybersecurity 
    vulnerabilities. These findings would be shared with appropriate 
    stakeholders, including Federal and local governments, port 
    authorities, terminal operators, as well as law enforcement, in an 
    effort to enhance cybersecurity situational awareness at the ports.
      Mr. Speaker, I am confident that these working groups will continue 
    to find innovative solutions in response to this emerging threat. 
    Within the working groups, I hope that they will codify key definitions 
    and classification mechanisms and that they will come out of these 
    discussions to ensure the effectiveness of the group.
      In closing, Mr. Speaker, I urge my colleagues to support this 
    important bill.
      Mrs. MILLER of Michigan. Mr. Speaker, I reserve the balance of my 
    time.
      Mrs. TORRES. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
    California (Ms. Hahn).
      Ms. HAHN. I thank my colleague, Congresswoman Torres, for introducing 
    this very important bill.
      Mr. Speaker, as co-chair and cofounder of the Congressional PORTS 
    Caucus and also as a representative of the busiest port complex in the 
    Nation,
    
    [[Page H9355]]
    
    I have long advocated for much-needed cybersecurity at our Nation's 
    ports.
      In 2013, a report by the Brookings Institution found that there is a 
    serious cybersecurity gap at many of our Nation's ports, putting them 
    at risk for an attack. A significant cyber attack at one of our major 
    ports could bring commerce in an entire region to a halt and send shock 
    waves throughout the national and global economies.
      This is a problem that needs to be addressed, but unfortunately, we 
    do not have a clear picture of where cybersecurity vulnerabilities 
    exist at our ports.
      Earlier this year, the House passed my amendment to instruct the 
    Department of Homeland Security to identify gaps in cybersecurity at 
    the Nation's 10 most at-risk ports and then to make recommendations for 
    how we can address these problems. I am pleased that that amendment has 
    been included in the omnibus that we will be voting on later this week.
      Mr. Speaker, the bill we are talking about today expands on this 
    progress and is a great vehicle to identify cybersecurity problems at 
    our Nation's ports. I would like to commend my colleague Congresswoman 
    Torres for bringing this important issue to the floor.
      Mr. Speaker, I urge all my colleagues to vote ``yes'' on this bill.
      Mrs. MILLER of Michigan. Mr. Speaker, I have no further speakers. If 
    the gentlewoman from California is prepared to close, I will then close 
    for our side.
      Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
      Mr. Speaker, H.R. 3878 will enhance our understanding of cyber risks 
    at our ports and the countermeasures needed to mitigate them.
      With the increased levels of technology at maritime facilities, all 
    public and private port stakeholders must share information and 
    coordinate efforts to make sure that our Nation's ports are protected 
    from cyber attacks.
      Again, I appreciate the bipartisan cooperation on this legislation.
      Mr. Speaker, I encourage my colleagues to support H.R. 3878.
      Mr. Speaker, I yield back the balance of my time.
      Mrs. MILLER of Michigan. Mr. Speaker, I simply, once again, urge my 
    colleagues to support H.R. 3878. It is a very good bill, and it is a 
    very important bill--again, in a bipartisan way--for the security of 
    our ports and the homeland security of our Nation as well.
      Mr. Speaker, I yield back the balance of my time.
      Ms. JACKSON LEE. Mr. Speaker, I speak in support of H.R. 3878, the 
    Strengthening Cybersecurity Information Sharing and Coordination in Our 
    Ports Act.
      I thank Chairman McCaul and Ranking Member Thompson for their 
    bipartisan work and stewardship of the Committee on Homeland Security's 
    work, which includes H.R. 3878.
      Congresswoman Torres should be commended for her hard work that led 
    to the introduction of the Strengthening Cybersecurity Information 
    Sharing and Coordination in Our Ports Act.
      H.R. 3878, requires the Department of Homeland Security (DHS) to seek 
    to enhance cybersecurity situational awareness and information sharing 
    between maritime security stakeholders, the maritime industry, port 
    owners and operators, which include maritime terminal owners and 
    operators.
      This bill requires DHS to:
      consult with the Coast Guard to enhance participation by the Maritime 
    Information Sharing and Analysis Center in the National Cybersecurity 
    and Communications Integration Center; and
      request that the National Maritime Security Advisory Committee report 
    and make recommendations to DHS on methods to enhance cybersecurity and 
    information sharing between stakeholders.
      The bill also assures DHS leadership in port security by requiring 
    the agency's maritime security risk assessments to include 
    cybersecurity risks to ports and the maritime border of the United 
    States.
      Ports serve as America's gateway to the global economy. The nation's 
    economic prosperity rests on the ability of containerized and bulk 
    cargo arriving unimpeded at U.S. ports to support the rapid delivery 
    system that underpins the manufacturing and retail sectors.
      My service in the House of Representatives has focused on making sure 
    that our nation is secure and prosperous.
      A central component of national security is the ability of our 
    International Ports to move goods into and out of the country.
      The Port of Houston is critical infrastructure:
      According to the Department of Commerce in 2012, Texas exports 
    totaled $265 billion.
      The Port of Houston is a 25-mile-long complex of diversified public 
    and private facilities located just a few hours' sailing time from the 
    Gulf of Mexico.
      In 2012 ship channel-related businesses contributed 1,026,820 jobs 
    and generated more than $178.5 billion in statewide economic impact.
      In 2014, the Port of Houston was ranked among U.S. ports as the 1st 
    in foreign tonnage; largest Texas port with 46 percent of market share 
    by tonnage and 95 percent market share in containers by total TEUS in 
    2014; largest Gulf Coast container port, handling 67 percent of U.S. 
    Gulf Coast container traffic in 2014; and 2nd ranked U.S. port in terms 
    of total foreign cargo value.
      The Government Accountability Office (GAO), reports that this port, 
    and its waterways, and vessels are part of an economic engine handling 
    more than $700 billion in merchandise annually.
      A Maritime Cyber-RISKS report published in 2014 outlined examples of 
    cybersecurity vulnerabilities that are specific to ports.
      The Cyberattacks examined included:
      Theft of money by deceiving a company into transferring large amounts 
    of funds to a bank account owned by criminals;
      In 2013, the FBI issued a warning to maritime companies warning them 
    of a fraud committed against several companies using a man-in-the-
    middle cyberattack that resulted in $1.65 million in losses.
      In this attack an impersonation occurs when the email address of a 
    trusted party is co-opted or taken over by an unknown 3rd party.
      The trusted 3rd party makes a request to change banking information 
    that should be used to provide payment for legitimate services provided 
    an established business relationship.
      The legitimate business is not aware of the request to change bank 
    payment information.
      When the payment is sent, thieves receive it and quickly close the 
    account so that the funds cannot be retrieved.
      Another malicious attack that does not involve theft of funds can 
    occur if the location of cargo information is deleted by a cyber-
    attacker.
      According to CyberKeel this type of attack happened to a shipping 
    company in 2011.
      In this attack data related to rates, loading, cargo number, date and 
    place were corrupted.
      This cyberattack meant that no one at the port could identify where 
    containers were, whether they loaded, nor identify which containers 
    were on ships.
      Cyberattack that targeted technology used by companies who are taking 
    receipt of cargo at port locations.
      The Firmware software code on handheld scanning technology that reads 
    barcodes on containers was corrupted by malware.
      When the scanners were plugged into the company's network the 
    corrupted code started a series of automated cyberattacks that searched 
    the company's network for financial information.
      After finding the information, a connection was established with a 
    computer in China.
      Cyberattack at the Port of Antwerp was run by a drug smuggling ring.
      In this attack the cyber criminals were able to gain control of the 
    port terminal system that allowed them to release containers to their 
    own trucks without the knowledge of port authorities.
      This attack is particularly chilling when considering our efforts to 
    protect against weapons of mass destruction in the form of biological, 
    nuclear and chemical weapons from being brought into the country 
    undetected.
      This type of attack also has implications for persons entering the 
    country undetected.
      The same attack carried out against port worker automated 
    identification systems would open the door on a host of domestic 
    security issues.
      Our nation has thousands of miles of coastlines, lakes, and rivers 
    and hundreds of ports that provide opportunities for legitimate travel, 
    trade, and recreation.
      At the same time, these waterways offer opportunities for terrorists 
    and their instruments, and drug smugglers to enter our country.
      Cybersecurity at ports must be national priority, for this reason, I 
    ask my colleagues to join me in voting in favor of H.R. 3878.
      The SPEAKER pro tempore (Mr. Donovan). The question is on the motion 
    offered by the gentlewoman from Michigan (Mrs. Miller) that the House 
    suspend the rules and pass the bill, H.R. 3878, as amended.
      The question was taken; and (two-thirds being in the affirmative) the 
    rules were suspended and the bill, as amended, was passed.
      A motion to reconsider was laid on the table.
    
                              ____________________
    
    
    

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