[Congressional Record Volume 165, Number 5 (Thursday, January 10, 2019)]
[House]
[Pages H429-H430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROTECTING DIPLOMATS FROM SURVEILLANCE THROUGH CONSUMER DEVICES ACT

  Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 115) to require the Department of State to establish a policy 
regarding the use of location-tracking consumer devices by employees at 
diplomatic and consular facilities, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 115

       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 ``Protecting Diplomats from 
     Surveillance Through Consumer Devices Act''.

     SEC. 2. SECURING UNITED STATES DIPLOMATIC AND CONSULAR 
                   FACILITIES AGAINST CYBERSURVEILLANCE.

       (a) Policy on Location-Tracking Consumer Devices.--Not 
     later than 60 days after the date of the enactment of this 
     Act, the Secretary of State shall establish a policy on the 
     use of location-tracking consumer devices, including GPS-
     enabled devices, at United States diplomatic and consular 
     facilities by United States Government employees, 
     contractors, locally employed staff, and members of other 
     agencies deployed to or stationed at such facilities.
       (b) Security Briefing.--Existing and new employees at 
     United States diplomatic and consular facilities, including 
     contractors, locally employed staff, and members of other 
     agencies deployed to or stationed at such facilities, shall, 
     as a part of the security briefings provided to such 
     employees, be informed of the policy described in subsection 
     (a) and given instructions on the use of location-tracking 
     consumer devices both on and off the premises of such 
     facilities.
       (c) Coordination.--The Secretary of State shall coordinate 
     with the heads of any other agencies whose employees are 
     deployed to or stationed at United States diplomatic and 
     consular facilities in the formulation of the policy 
     described in subsection (a) and the dissemination of such 
     policy pursuant to subsection (b).
       (d) Report.--Not later than 30 days after the formulation 
     of the policy described in subsection (a), the Secretary of 
     State shall submit to the Committee on Foreign Affairs of the 
     House of Representatives and the Committee on Foreign 
     Relations of the Senate a report on the details of such 
     policy.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Engel) and the gentleman from Texas (Mr. McCaul) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 115, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, before I talk about the bill, I want to very briefly 
acknowledge the fact that this is the first debate we have had with 
bills in the Foreign Affairs Committee since the new Congress. I want 
to welcome Mr. McCaul to the very important position--which I had for 
the past 6 years--of ranking member. And I know that, as chairman, the 
Foreign Affairs Committee for the past 6 years has had a record of 
being the most bipartisan committee in the Congress. I hope and I know 
that that will continue with this Congress, and that the respect that 
all Members have shown each other will continue the tradition of the 
Foreign Affairs Committee. I look forward to working with Mr. McCaul in 
that regard.
  Mr. Speaker, I rise in support of H.R. 115, the Protecting Diplomats 
from Surveillance Through Consumer Devices Act. I thank Mr. Castro for 
introducing this legislation.
  Before I get into the merits of this particular bill, which is 
designed to protect diplomats from cyber snooping, I would be remiss if 
I failed to express my deep concern that thousands of Department of 
State employees and diplomats are furloughed without pay.

                              {time}  1500

  I am hearing stories of State Department officials struggling to make 
ends meet, taking up side jobs and having garage sales to stay afloat. 
By keeping America's diplomats away from their jobs, we are harming our 
national security. We need to end this shutdown, and we need to end it 
now.
  Now, I will turn to the excellent bill before us today. This measure 
aims to ensure the Department of State has policies in place to help 
prevent our adversaries from tracking the locations

[[Page H430]]

of our foreign service officers through their electronic devices.
  From Fitbits and smartwatches to phones and cars, most of us have at 
least one tracking device with us at all times. Many of us would 
literally be lost without these devices, but they pose security risks 
as well.
  This commonsense measure would make sure the Secretary of State has a 
policy in place on using location tracking consumer devices at our 
diplomatic and consular facilities around the world.
  This is a good bill that passed the House unanimously in the last 
Congress, and I urge my colleagues to support its passage again today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself as much time as I may 
consume.
  Let me first congratulate Mr. Engel on his ascension to the 
chairmanship of the Foreign Affairs Committee. I can't think of a 
better chairman to work with than Mr. Engel, who is always bipartisan, 
always says that partisanship stops at the water's edge. And I know, 
being a national security committee, that we will conduct ourselves 
with dignity and respect for each other. We may disagree from time to 
time, but we will always respect each other. I look forward to working 
with him in this Congress.
  Mr. Speaker, I rise today in support of a bill I sponsored with Mr. 
Castro of Texas, the Protecting Diplomats from Surveillance Through 
Consumer Devices Act.
  Last year, a report revealed the risk of using wearable technologies 
such as Fitbits and Apple watches which use GPS tracking. As the report 
stated, researchers were able to track the movements of deployed troops 
in overseas locations. This obviously poses an enormous security risk 
for our soldiers overseas. Enemies could track patrol routes or 
discover the location of secret foreign installments.
  This exposure puts our diplomats at risk as well. We have men and 
women engaging in diplomatic efforts all over the world, often in 
sensitive and high-risk areas. We must not make it easier for our 
enemies to track their movements.
  As such, our bill requires the Department of State to establish a 
policy on the use of location tracking consumer devices by diplomats at 
U.S. facilities around the world. We introduced this bill last year, 
and it passed in a large bipartisan fashion.
  I want to thank Mr. Castro for his leadership, as well as Chairman 
Engel for his work on this important legislation. I urge my colleagues 
to support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ENGEL. Mr. Speaker, in closing, let me say that the Protecting 
Diplomats from Surveillance Through Consumer Devices Act is a 
commonsense way to improve the safety of U.S. personnel overseas.
  I urge my colleagues to support the measure, and I yield back the 
balance of my time.
  Mr. McCAUL. Mr. Speaker, in closing, I think protecting our diplomats 
and ensuring sensitive and classified areas is really critical to our 
national security. This bill does that.
  Mr. Speaker, I yield back the balance of my time.

  Mr. CASTRO of Texas. Mr. Speaker, I am grateful for Chairman Engel's 
leadership on the Foreign Affairs Committee.
  I look forward to continue working with Chairman Engel to advance 
U.S. foreign policy and national security this Congress.
  I'd also like to thank my colleague from Texas, Ranking Member 
Michael McCaul, for authoring this measure with me.
  Mr. Speaker, U.S. Foreign Service Offices voluntarily serve in some 
of the most dangerous pockets of the world to advance U.S. national 
interests and security abroad.
  Changing technologies force us to adapt our security practices to 
ensure our diplomats' safety.
  This includes threats posed by location-tracking consumer devices 
that reveal physical locations and movements.
  I was glad to reintroduce the Protecting Diplomats from Surveillance 
Through Consumer Devices Act last week with Ranking Member McCaul.
  This legislation requires the State Department to account for 
location-tracking consumer devices in broader U.S. embassy and 
consulate security policies.
  As lawmakers, we have a moral obligation to ensure our men and women 
in the line of duty have the protections they deserve.
  This legislation does just that.
  Protecting our nation's frontline civilians is not a partisan issue, 
it's an American issue.
  We must ensure our security policies and practices nimbly adapt to 
evolving technologies and tactics used by our enemies.
  That's why I urge my colleagues on both sides of the aisle to support 
this measure.

  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 115 the 
``Protecting Diplomats from Surveillance Through Consumer Devices 
Act,'' which directs the State Department to establish a policy on 
location-tracking consumer devices at U.S. diplomatic and consular 
facilities around the world and requires employees to be briefed on the 
policies and procedures during routine security briefings.
  H.R. 115 also requires the Secretary of State to coordinate with 
heads of any other agencies whose employees are deployed to or 
stationed at U.S. facilities in formulating this policy.
  I support this legislation because, among other things, with the 
enactment of this act, the Secretary of State shall establish a policy 
on the use of location-tracking devices, including GPS-enabled devices, 
at United States facilities, both at home and abroad.
  This act clarifies that U.S. employees will be kept updated and 
notified about the use of location-tracking consumer devices both on 
and off the premises of U.S. diplomatic and consular facilities.
  The State Department is the critical go between when dealing with 
international affairs and foreign policy issues, and this act will 
expand their duties by protecting the privacy rights of Diplomats and 
resident employees in this new age of technology.
  Location-tracking information can be stored within a device or 
transmitted to an outside server, both storing the data, and giving 
real time location of said device.
  Mr. Speaker, in this day and age, most smart phone users have 
location-tracking apps open on their device at all times; an estimated 
90 percent of smart phone owners in 2015 use location-based services, 
and have them on a all times.
  For example, weather apps, which an estimated 65 percent of adults 
share their location with and check daily, require the users' location 
to provide accurate weather information.
  For these reasons, I ask my colleagues to join me in supporting H.R. 
115 and upholding the importance of the privacy of our employees in 
consular and diplomatic facilities, and ensuring that all persons 
involved are aware and educated about the upholding policies.

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Engel) that the House suspend the rules 
and pass the bill, H.R. 115.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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