Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

COMMITTEE ON ENERGY AND COMMERCE
MARKUP OF H.R. 4127, THE DATA ACCOUNTABILITY
AND TRUST ACT (DATA) AND H.CON.RES. 357,
REGARDING NATIONAL CYSTIC FIBROSIS AWARENESS MONTH

March 29, 2006

I thank Chairman Barton for scheduling today’s markup. I also commend you for the fair, open, transparent, bipartisan process that produced today’s legislation on Data Privacy and the Manager’s Amendment to it.

Identity theft destroys lives and it has become a national epidemic. The Privacy Rights Clearinghouse reports that, since the watershed announcement by Choicepoint of its data breaches on February 15, 2005, more than 53 million Americans have had their personal information compromised due to hackers, lost data tapes, lost laptops, dishonest insiders, and other devices due to poor security or, in some cases, no security at all. As outrageous as this may seem, over a year later this still appears to be the case.

I commend California for its leadership in passing a strong law requiring that individuals be notified of security breaches. It set the gold standard that 22 States have followed. Now it is time for Congress to act.

The DATA bill, with the Manager’s Amendment, strikes a meaningful blow for consumers: strong security systems; notices to consumers of breaches; and tough enforcement. The bill applies to each person engaged in interstate commerce who owns or possesses electronic data containing personal information. And it sends a clear message: “If you can’t protect it, don’t collect it.”

The bill contains special requirements for data brokers such as ChoicePoint and I support them. It also contains provisions designed to make the bill’s requirements technology neutral and, just as important, workable for all entities, large and small, that have to comply with it. I support those provisions as well.

This is a difficult balancing act, Mr. Chairman, and I commit to continuing to work with you and the other Members of the Committee. But let me be perfectly clear, my support for this bill and my enthusiasm for working toward its passage is based on strong consumer protections and balanced limitations and exemptions for business. I look forward to working hard with Chairman Barton to get this bill passed in this Congress, and I caution those who might try at a later stage to turn this bill into an anti-consumer measure.

I want to thank all of the Democratic Members who offered amendments at the Subcommittee markup; I note that most of them have been addressed in the Manager’s Amendment. I also commend Subcommittee on Commerce, Trade, and Consumer Protection Ranking Member Schakowsky and Chairman Stearns for their strong leadership on this bill. Bipartisan compromise is not always easy to find. Accordingly, I thank the bipartisan staff team for their hard work and perseverance through the past 10 months, and more than 40 meetings and three rounds of public comment on this bill.

I also support the second item on the agenda. H.Con.Res. 357 which supports the goals and ideals of National Cystic Fibrosis Awareness Month.

Cystic Fibrosis is one of the most common life-threatening genetic diseases in the United States and one for which there is no cure. Approximately 30,000 people in the U.S. have been diagnosed with cystic fibrosis, more than half of them children. More than 10 million Americans are carriers of the cystic fibrosis gene, but are unaware of that fact.

H.Con.Res. 357 honors the goals and ideals of National Cystic Fibrosis Awareness Month, promotes further public awareness and understanding of cystic fibrosis, and advocates for increased support for people who have cystic fibrosis. Additionally, this resolution encourages early diagnosis and access to quality care, and supports research to find a cure for cystic fibrosis by fostering an enhanced research program through a strong Federal commitment and expanded public-private partnerships.

I commend Representatives Stearns and Markey for their work on this resolution and I encourage my colleagues to support it.

- 30 -

(Contact: Jodi Seth, 202-225-3641)