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Federal Communications Commission Process Reform Act Of 2012

The Committee resumed its sitting.

The Acting CHAIR. It is now in order to consider amendment No. 10 printed in House Report 112 422.

Rep. Anna G. Eshoo

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Mr. Chairman, I rise to offer an amendment that is actually Ms. Clarke's of New York that I am offering on her behalf.

The Acting CHAIR. The Clerk will designate the amendment.

The text of the amendment is as follows:

Page 22, after line 24, insert the following (and redesignate the subsequent section accordingly):

Nothing in this Act (including the amendment made by section 2 of this Act) shall impede the Federal Communications Commission from ensuring the availability of efficient and effective communications systems for State and local first responders.

Rep. Anna G. Eshoo

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Mr. Chairman, I ask unanimous consent to offer a revised version.

The Acting CHAIR. Does the gentlewoman ask unanimous consent to modify the amendment?

Rep. Anna G. Eshoo

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I do, Mr. Chairman.

The Acting CHAIR. The Clerk will report the modification.

The Clerk read as follows:

Modification to amendment No. 10 offered by Ms. Eshoo: Page 22, after line 24, insert the following (and redesignate the subsequent section accordingly):

Nothing in subsection (a) of section 13 of the Communications Act of 1934, as added by section 2 of this Act, shall be construed to impede the Federal Communications Commission from acting in times of emergency to ensure the availability of efficient and effective communications systems for State and local first responders.

The Acting CHAIR. Pursuant to House Resolution 595, the gentlewoman from California (Ms. Eshoo) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentlewoman from California.

Rep. Anna G. Eshoo

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Mr. Chairman, I simply present this amendment on behalf of Ms. Clarke, and I hope that the majority will accept it.

With that, I yield back the balance of my time.

Rep. Greg Walden

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Mr. Chairman, I appreciate the work we've done with the people involved in this, and we agree to it, and we accept the amendment as well.

I yield back the balance of my time.

The Acting CHAIR. The question is on the amendment, as modified, offered by the gentlewoman from California (Ms. Eshoo).

The amendment, as modified, was agreed to.

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments printed in House Report 112 422 on which further proceedings were postponed, in the following order:

Amendment No. 1 by Mr. Crowley of New York.

Amendment No. 5 by Ms. Eshoo of California.

Amendment No. 7 by Mr. Owens of New York.

The Chair will reduce to 2 minutes the minimum time for any electronic vote after the first vote in this series.

The Acting CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from New York (Mr. Crowley) on which further proceedings were postponed and on which the noes prevailed by voice vote.

The Clerk will redesignate the amendment.

The Clerk redesignated the amendment.

The Acting CHAIR. A recorded vote has been demanded.

A recorded vote was ordered.

The vote was taken by electronic device, and there were--ayes 196, noes 219, not voting 16, as follows:

[Roll No. 134] AYES--196 Ackerman Altmire Amodei Andrews Baca Baldwin Barrow Bartlett Bass (CA) Becerra Berkley Berman Bishop (GA) Bishop (NY) Blumenauer Bonamici Boren Boswell Brady (PA) Braley (IA) Brown (FL) Burgess Butterfield Capps Capuano Cardoza Carnahan Carney Carson (IN) Castor (FL) Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Cooper Costa Costello Courtney Critz Crowley Cuellar Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Dent Deutch Dicks Dingell Doggett Dold Donnelly (IN) Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Fitzpatrick Fortenberry Frank (MA) Fudge Garamendi Gibson Gonzalez Green, Al Green, Gene Griffith (VA) Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heck Heinrich Higgins Himes Hinchey Hinojosa Hirono Hochul Holden Holt Honda Hoyer Israel Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kildee Kind King (NY) Kissell Kucinich Langevin Larsen (WA) Larson (CT) Latham Lee (CA) Levin Lewis (GA) Lipinski LoBiondo Loebsack Lofgren, Zoe Lowey Lujan Lynch Markey Matheson Matsui McCarthy (NY) McCollum McDermott McGovern McIntyre McNerney Meeks Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Owens Pallone Pascrell Pastor (AZ) Paulsen Pelosi Perlmutter Peters Peterson Pingree (ME) Quigley Rahall Reyes Richmond Ross (AR) Rothman (NJ) Roybal-Allard Runyan Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Shuler Sires Slaughter Smith (NJ) Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Wittman Woolsey Yarmuth NOES--219 Adams Aderholt Alexander Amash Austria Bachmann Bachus Barletta Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Culberson Davis (KY) Denham DesJarlais Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Flake Fleischmann Fleming Forbes Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Hensarling Herger Herrera Beutler Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jordan Kelly King (IA) Kingston Kinzinger (IL) Kline Labrador Lance Landry Lankford LaTourette Latta Lewis (CA) Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Maloney Manzullo Marino McCarthy (CA) McCaul McClintock McCotter McHenry McKeon McKinley McMorris Rodgers Meehan Mica Michaud Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Pearce Pence Petri Pitts Platts Poe (TX) Polis Pompeo Posey Price (GA) Quayle Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (FL) Royce Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Webster West Westmoreland Whitfield Wilson (SC) Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NOT VOTING--16 Akin Diaz-Balart Flores Jackson (IL) Jackson Lee (TX) Lamborn Mack Marchant Paul Price (NC) Rangel Richardson Ruppersberger Rush Welch Wilson (FL) {time} 1754

Mr. WEBSTER changed his vote from ``aye'' to ``no.''

Mr. BUTTERFIELD, Ms. TSONGAS, Messrs. SMITH of Washington, KING of New York, Ms. WASSERMAN SCHULTZ, and Mr. BURGESS changed their vote from ``no'' to ``aye.''

So the amendment was rejected.

The result of the vote was announced as above recorded.

The Acting CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentlewoman from California (Ms. Eshoo) on which further proceedings were postponed and on which the noes prevailed by voice vote.

The Clerk will redesignate the amendment.

The Clerk redesignated the amendment.

The Acting CHAIR. A recorded vote has been demanded.

A recorded vote was ordered.

The Acting CHAIR. This will be a 2-minute vote.

The vote was taken by electronic device, and there were--ayes 179, noes 238, not voting 14, as follows:

[Roll No. 135] AYES--179 Ackerman Altmire Andrews Baca Baldwin Barton (TX) Bass (CA) Becerra Berkley Berman Bishop (GA) Bishop (NY) Blumenauer Bonamici Boswell Brady (PA) Braley (IA) Brown (FL) Butterfield Capps Capuano Carnahan Carney Carson (IN) Castor (FL) Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Costa Costello Courtney Critz Crowley Cuellar Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Dingell Doggett Donnelly (IN) Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Frank (MA) Fudge Garamendi Gonzalez Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heinrich Higgins Himes Hinchey Hirono Holden Holt Honda Hoyer Israel Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kildee Kind Kissell Kucinich Langevin Larsen (WA) Lee (CA) Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lujan Lynch Maloney Manzullo Markey Matheson Matsui McCarthy (NY) McCollum McDermott McGovern McIntyre McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Owens Pallone Pascrell Pastor (AZ) Pelosi Perlmutter Peters Pingree (ME) Platts Polis Quigley Rahall Reyes Richardson Richmond Ross (AR) Rothman (NJ) Roybal-Allard Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Sires Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Wilson (FL) Woolsey Yarmuth Young (FL) NOES--238 Adams Aderholt Alexander Amash Amodei Austria Bachmann Bachus Barletta Barrow Bartlett Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Cardoza Carter Cassidy Chabot Chaffetz Coble Coffman (CO) Cole Conaway Cooper Cravaack Crawford Crenshaw Culberson Davis (KY) Denham Dent DesJarlais Dold Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Hochul Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta Lewis (CA) LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Marino McCarthy (CA) McCaul McClintock McCotter McHenry McKeon McKinley McMorris Rodgers Meehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Pence Peterson Petri Pitts Poe (TX) Pompeo Posey Price (GA) Quayle Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schrader Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (IN) NOT VOTING--14 Akin Diaz-Balart Flores Hinojosa Jackson (IL) Jackson Lee (TX) Larson (CT) Mack Marchant Paul Price (NC) Rangel Ruppersberger Welch Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

So the amendment was rejected.

The result of the vote was announced as above recorded.

Stated for:

Rep. John B. Larson

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Mr. Chair, on Tuesday, March 27, 2012 I was not present for rollcall vote No. 135. If I had been present I would have voted ``aye.''

Rep. Rubén Hinojosa

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Mr. Chair, on rollcall No. 135, had I been present, I would have voted ``aye.''

The Acting CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from New York (Mr. Owens) on which further proceedings were postponed and on which the noes prevailed by voice vote.

The Clerk will redesignate the amendment.

The Clerk redesignated the amendment.

The Acting CHAIR. A recorded vote has been demanded.

A recorded vote was ordered.

The Acting CHAIR. This will be a 2-minute vote.

The vote was taken by electronic device, and there were--ayes 194, noes 222, not voting 15, as follows:

[Roll No. 136] AYES--194 Ackerman Alexander Altmire Andrews Baca Baldwin Barrow Bass (CA) Becerra Berkley Berman Bishop (GA) Bishop (NY) Blumenauer Bonamici Boren Boswell Brady (PA) Braley (IA) Brown (FL) Butterfield Capps Capuano Cardoza Carnahan Carney Carson (IN) Castor (FL) Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Coffman (CO) Cohen Connolly (VA) Conyers Cooper Costa Costello Courtney Critz Crowley Cuellar Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Dent Deutch Dicks Dingell Doggett Dold Donnelly (IN) Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Fudge Garamendi Gerlach Gibson Gohmert Gonzalez Green, Al Green, Gene Grijalva Guinta Gutierrez Hahn Hanabusa Hanna Hastings (FL) Heinrich Higgins Himes Hinchey Hinojosa Hirono Hochul Holden Holt Honda Hoyer Israel Johnson (GA) Johnson, E. B. Jones Keating Kildee Kind Kissell Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Lipinski LoBiondo Loebsack Lofgren, Zoe Lowey Lujan Lynch Maloney Markey Matsui McCarthy (NY) McCollum McDermott McGovern McIntyre McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Owens Pallone Pascrell Pastor (AZ) Pelosi Perlmutter Peters Peterson Pingree (ME) Polis Quigley Rahall Reyes Ribble Richardson Richmond Ross (AR) Rothman (NJ) Roybal-Allard Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Shuler Sires Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Wilson (FL) Wittman Woolsey Yarmuth NOES--222 Adams Aderholt Amash Amodei Austria Bachmann Bachus Barletta Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Coble Cole Conaway Cravaack Crawford Crenshaw Culberson Davis (KY) Denham DesJarlais Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Forbes Fortenberry Foxx Frank (MA) Franks (AZ) Gallegly Gardner Garrett Gibbs Gingrey (GA) Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guthrie Hall Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta Lewis (CA) Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Manzullo Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McKeon McKinley McMorris Rodgers Meehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Pence Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Reed Rehberg Reichert Renacci Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rokita Rooney Ros-Lehtinen Roskam Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Webster West Westmoreland Whitfield Wilson (SC) Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NOT VOTING--15 Akin Diaz-Balart Flores Frelinghuysen Jackson (IL) Jackson Lee (TX) Kaptur Mack Marchant Paul Price (NC) Rangel Rohrabacher Ruppersberger Welch {time} 1802

So the amendment was rejected.

The result of the vote was announced as above recorded.

Rep. Todd Akin

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Mr. Chair, on rollcall No. 134, 135, and 136, I was delayed and unable to vote. Had I been present, I would have voted ``no'' on all three.

The Acting CHAIR. The question is on the committee amendment in the nature of a substitute, as amended.

The amendment was agreed to.

The Acting CHAIR. Under the rule, the Committee rises.

Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Dold) having assumed the chair, Mr. Yoder, Acting Chair of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 3309) to amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission, and, pursuant to House Resolution 595, he reported the bill back to the House with an amendment adopted in the Committee of the Whole.

Under the rule, the previous question is ordered.

Is a separate vote demanded on any amendment to the amendment reported from the Committee of the Whole?

If not, the question is on the committee amendment in the nature of a substitute, as amended.

The amendment was agreed to.

The question is on the engrossment and third reading of the bill.

The bill was ordered to be engrossed and read a third time, and was read the third time.

Rep. Ed Perlmutter

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Mr. Speaker, I have a motion to recommit at the desk.

Is the gentleman opposed to the bill?

Rep. Ed Perlmutter

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In its current form, I am.

The Clerk will report the motion to recommit.

The Clerk read as follows:

Mr. Perlmutter moves to recommit the bill, H.R. 3309, to the Committee on Energy and Commerce with instructions to report the same back to the House forthwith with the following amendment: Page 23, after line 5, insert the following:

Nothing in this Act or any amendment made by this Act shall be construed to limit or restrict the ability of the Federal Communications Commission to adopt a rule or to amend an existing rule to protect online privacy, including requirements in such rule that prohibit licensees or regulated entities from mandating that job applicants or employees disclose confidential passwords to social networking web sites.

The gentleman from Colorado is recognized for 5 minutes.

Rep. Ed Perlmutter

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Mr. Speaker, what I'd like to do is to read again this amendment, because once I've read it, I imagine that everyone in this House of Representatives will embrace this amendment, this final amendment to the bill, and will vote in favor of this amendment. It says:

Nothing in this act or any amendment made by this act shall be construed to limit or restrict the ability of the Federal Communications Commission to adopt a rule or to amend an existing rule to protect online privacy, including requirements in such rule that prohibit licensees or regulated entities from mandating that job applicants or employees disclose confidential passwords to social networking Web sites.

What this amendment does is it says you cannot demand, as a condition of employment, that somebody reveal a confidential password to their Facebook, to their Flickr, to their Twitter, to whatever their account may be. It only makes sense because those that are using these kinds of social media have an expectation of privacy. They have an expectation that their right to free speech or their right to free religion will be respected when they use these social media outlets.

Now, if an employer wants to pose as or impersonate the individual who's had to turn over their confidential password, that employer I think will be able to reach into personal private information of the user, of the Facebook user, for instance, or the Facebook member, or of the person who is communicating with them, the friend of the Facebook user. So there are two sides to this, both the user of the Facebook as well as those people who correspond with them, that have an expectation of privacy.

Now, these kinds of communications are going to be very personal. Facebook, itself, in an original post dated March 23, 2012, says:

In recent months, we've seen a distressing increase in reports of employers or others seeking to gain inappropriate access to people's Facebook profiles or private information. This practice undermines the privacy expectations and the security of both the user and the user's friends. It also potentially exposes the employer who seeks this access to unanticipated legal liability.

They continue:

The most alarming of these practices is the reported incidences of employers asking prospective or actual employees to reveal their passwords. If you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize the security of your account or violate the privacy of your friends.

This is a very simple, straightforward amendment. It is one that everybody ought to embrace.

Now, some people might say, well, shouldn't an employer have this right? Well, employers can always do what they've done for years, which is to check references, to do background checks, but to do it as themselves, not as an imposter. They can do it directly. So if my reference is being checked, somebody knows that they're dealing with my employer, not some imposter. It is just that simple. People have an expectation of privacy, both the user and their friend.

There is clearly the potential for liability to an employer or somebody who comes in and misuses the confidential password. There is already plenty available to employers to do their background checks that they may need without posing and using the confidential password.

This amendment is simple. It is straightforward. I urge its passage. It is the final amendment that we will present to this bill.

Rep. Patrick T. McHenry

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Will the gentleman yield?

Rep. Ed Perlmutter

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I yield to my friend, the gentleman from North Carolina.

Rep. Patrick T. McHenry

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I appreciate it.

I've been working on legislation similar to this. If the gentleman would withdraw, I would be happy to work with him to find legislative language that could be acceptable to all sides, including to national security interests.

Rep. Ed Perlmutter

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In reclaiming my time from my friend from North Carolina, I would love to work with you, but this is the amendment we are proposing to this bill at this time. I am asking for a vote on this bill at this time.

Mr. Speaker, again, this is a straightforward amendment. It's one everybody should vote for.

With that, I yield back the balance of my time.

Rep. Greg Walden

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Mr. Speaker, I rise in opposition to the motion to recommit.

The gentleman from Oregon is recognized for 5 minutes.

Rep. Greg Walden

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I thank the gentleman, and I would just like to draw your attention to several points.

First of all, we had a very open process with hearings in the Energy and Commerce Communications and Technology Subcommittee, and this issue didn't come up. We had a markup in the subcommittee, and there were no amendments offered of this nature. We had a markup in the full committee, and there were no amendments offered. We had an opportunity for all Members to offer amendments on the floor, where they could be thoughtfully debated, and this amendment was not put in this context. Now it suddenly appears before us at the last minute of this day. So it would have been helpful to have been able to have had this discussion because many of us share the concern that the gentleman is talking about.

I think it's awful that employers think they can demand our passwords and can go snooping around. There is no disagreement with that. Here is the flaw: Your amendment doesn't protect them. It doesn't do that. Actually, what this amendment does is say that all of the reforms that we are trying to put in place at the Federal Communications Commission, in order to have them have an open and transparent process where they are required to publish their rules in advance so that you can see what they're proposing, would basically be shoved aside. They could do whatever they wanted on privacy if they wanted to, and you wouldn't know it until they published their text afterward. There is no protection here. There is nothing there to enforce.

What this motion to recommit does here at the last minute--and if we could have had time to work this out ahead of time, we might have figured out something we could have both agreed on.

Rep. Ed Perlmutter

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Will the gentleman yield?

Rep. Greg Walden

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No, I won't.

What we have here is a problem that you exempt from the process. You don't protect the consumer. There are many of us who, after this debate concludes and we move on, would be happy to work with you on legislation because I think this is a real issue that we all share, and that is protecting privacy. This doesn't do that. In fact, you could open the door where they could allow employers and licensees to go after your stuff, and you wouldn't know it until they published the rule.

So I urge a ``no'' vote on this motion to recommit, and I yield back the balance of my time.

Without objection, the previous question is ordered on the motion to recommit.

There was no objection.

The question is on the motion to recommit.

The question was taken; and the Speaker pro tempore announced that the noes appeared to have it.

Rep. Ed Perlmutter

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Mr. Speaker, I demand a recorded vote.

A recorded vote was ordered.

Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes the minimum time for any electronic vote on the question of passage.

The vote was taken by electronic device, and there were--ayes 184, noes 236, not voting 11, as follows:

[Roll No. 137] AYES--184 Ackerman Altmire Andrews Baca Baldwin Barrow Bass (CA) Becerra Berman Bishop (GA) Bishop (NY) Blumenauer Bonamici Boren Boswell Brady (PA) Braley (IA) Brown (FL) Butterfield Capps Capuano Cardoza Carnahan Carney Carson (IN) Castor (FL) Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Cooper Costa Costello Courtney Critz Crowley Cuellar Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Dingell Doggett Donnelly (IN) Doyle Edwards Ellison Eshoo Farr Fattah Filner Frank (MA) Fudge Garamendi Gonzalez Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heinrich Higgins Himes Hinchey Hinojosa Hirono Hochul Holden Holt Honda Hoyer Israel Jackson Lee (TX) Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kildee Kind Kissell Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lujan Lynch Maloney Markey Matheson Matsui McCarthy (NY) McCollum McDermott McGovern McIntyre McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Pallone Pascrell Pastor (AZ) Pelosi Perlmutter Peters Peterson Pingree (ME) Polis Price (NC) Quigley Rahall Reyes Richardson Richmond Ross (AR) Rothman (NJ) Roybal-Allard Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Sires Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Woolsey Yarmuth NOES--236 Adams Aderholt Alexander Amash Amodei Austria Bachmann Bachus Barletta Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Culberson Davis (KY) Denham Dent DesJarlais Dold Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta Lewis (CA) LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Manzullo Marino McCarthy (CA) McCaul McClintock McCotter McHenry McKeon McKinley McMorris Rodgers Meehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Owens Palazzo Paulsen Pearce Pence Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NOT VOTING--11 Akin Berkley Diaz-Balart Engel Flores Jackson (IL) Mack Marchant Paul Rangel Ruppersberger Announcement by the Speaker Pro Tempore

There are 2 minutes remaining.

Mr. OWENS changed his vote from ``aye'' to ``no.''

So the motion to recommit was rejected.

The result of the vote was announced as above recorded.

Stated for:

Rep. Shelley Berkley

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Mr. Speaker, on rollcall No. 137, I was unavoidably detained. Had I been present, I would have voted ``aye.''

The question is on the passage of the bill.

The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.

Rep. Anna G. Eshoo

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Mr. Speaker, I demand a recorded vote.

A recorded vote was ordered.

This will be a 5-minute vote.

The vote was taken by electronic device, and there were--ayes 247, noes 174, not voting 10, as follows:

[Roll No. 138] AYES--247 Adams Aderholt Alexander Amash Amodei Austria Bachmann Bachus Barletta Barrow Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman (CO) Cole Conaway Cravaack Crawford Crenshaw Cuellar Culberson Davis (KY) Denham Dent DesJarlais Dold Donnelly (IN) Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Hochul Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta Lewis (CA) LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Manzullo Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McIntyre McKeon McKinley McMorris Rodgers Meehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Owens Palazzo Paulsen Pearce Pence Peterson Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schrader Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner (NY) Turner (OH) Upton Walberg Walden Walsh (IL) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NOES--174 Ackerman Altmire Andrews Baca Baldwin Bass (CA) Becerra Berkley Berman Bishop (GA) Bishop (NY) Blumenauer Bonamici Boswell Brady (PA) Braley (IA) Brown (FL) Butterfield Capps Capuano Cardoza Carnahan Carney Carson (IN) Castor (FL) Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Cooper Costa Costello Courtney Critz Crowley Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Dingell Doggett Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Frank (MA) Fudge Garamendi Gonzalez Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heinrich Higgins Himes Hinchey Hinojosa Hirono Holden Holt Honda Hoyer Israel Jackson Lee (TX) Johnson (GA) Johnson, E. B. Kaptur Keating Kildee Kind Kissell Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lujan Lynch Maloney Markey Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Pallone Pascrell Pastor (AZ) Pelosi Perlmutter Peters Pingree (ME) Polis Price (NC) Quigley Rahall Reyes Richardson Richmond Rothman (NJ) Roybal-Allard Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Sires Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Woolsey Yarmuth NOT VOTING--10 Akin Diaz-Balart Flores Jackson (IL) Mack Marchant Meeks Paul Rangel Ruppersberger Announcement by the Speaker Pro Tempore

There is 1 minute remaining.

So the bill was passed.

The result of the vote was announced as above recorded.

A motion to reconsider was laid on the table.

Rep. Todd Akin

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Mr. Speaker, on rollcall No. 137 and 138, I was delayed and unable to vote. Had I been present, I would have voted ``no'' on rollcall No. 137 and ``aye'' on rollcall No. 138.