mr. mulvaney. mr. mulvaney: i'm going to move about this difficult -- i'm going to go about this differently. at any time did we have the ability to interdict into this guy down? admiral? adn. gortney: no sir, we did not. we did not have the ability to positively identify it to cue the sensors. if we had -- i can't go any farther. mr. mulvaney: i'm just curious. we hear we have the ability, but chose not to. you tell me that is not accurate. adn. gortney: i need to go to close session. mr. mulvaney: if the gentleman had wanted to, he could've crashed this into the capital building? adn. gortney: yes, sir. mr. mulvaney: in the same is true for the white house? adn. gortney: yes, sir. mr. mulvaney: would it have been different if it were a small single theme airplane? adn. gortney: we track them and we have two incidents a month where we actually launch a helicopter on the sorts of things. mr. mulvaney: similar result of if it had been smaller. who saw it first? >> that officer with united states police p

mr. mulvaney: it's your time. i'm happy to yield back to you. mr. schweikert: i remember you and i having this conversation on the floor and particularly members from the left coming to the microphone and basically scolding me of how incensetific i was -- insensitive i was. now i realize my father may have been right about something. he said, it's almost always about the money. when you look at the economist article, you start to realize that this was a jobs act. for the democrats' supporter and the trial bar. because they're running up and down our communities suing small businesses and understand, i believe you're absolutely correct our future will be hotels and resorts without pools at all. but once again, the folks on the opposition questioned our sensitivity, our love for our brothers and sisters, and we were trying to say this is the economic argument and here's the argument and we lost. the administration basically gave in to the trial bar and now we do have the i told you so's. mr. mulvaney: i suggest to you that you were in fact being insen

mr. mulvaney. >> thank you mr. chairman, and thank you to everyone on the panel for helping us try to do something we don't do enough, try and collect information, which is what i'm trying to do. i'm not here to beat anybody up. i have an honest-to-goodness question. i think it's directed to mr. pawlenty and mr. dodge. i welcome everybody to chime in, okay. say that mr. capuano steals my credit card which is possible because he's that kind of guy even though he's not here yet. he goes to the -- he goes to my local gas station or his local gas station, slides it in there, happens to -- maybe he knows my zip code. and buys the gasoline with my stolen credit card. i catch it when my statement comes in next week or get an e-mail notification, which i think is a service my bank provides which i enjoy. i catch it, call the bank and say someone stole my credit card and used it to buy gas in massachusetts. they say, okay, we'll take it off your bill. who eats that loss? the retailer, the bank, who eats the loss for the gas

mr. mulvaney. >> thank you mr. chairman, and thank you to everyone on the panel for helping us try to do something we don't do enough, try and collect information, which is what i'm trying to do. i'm not here to beat anybody up. i have an honest-to-goodness question. i think it's directed to mr. pawlenty and mr. dodge. i welcome everybody to chime in, okay. say that mr. capilano steals my credit card which is possible because he's that kind of guy even though he's not here yet. he goes to the -- he goes to my local gas station or his local gas station, slides it in there, happens to -- maybe he knows my zip code. and buys the gasoline with my stolen credit card. i catch it when my statement comes in next week or get an e-mail, which i think is a service my bank provides which i enjoy. i catch it, call the bank and say someone stole my credit card and used it to buy gas in massachusetts. they say, okay, we'll take it off your bill. who eats that loss? the retailer, the bank, who eats the loss for the gasoline bought

mr. mulvaney's credit card in its hypothetical mr. lynch, recognized for five minutes. >> thank you mr. chairman. i appreciate that. i want to thank the witnesses for your testimony. on the question of federal preemption, when we talk about complete federal preemption we're talking about a federal standard and at least as far as this legislation goes, we're talking about federal enforcement as well, that's being taken away from the attorneys general of the states. even further it looks like the notification for breach will be taken away from the fec and given to the ftc. consolidating that, as well. as well it might involve, if i'm -- i'm not sure if i'm getting this correct. if we have a federal standard and a retailer or business complies with that federal standard, does that inl ply some type of -- imply some type of immunity for the individual retailer if they're complyinging with what the feds require, is that holding them harmless from any liability? >> i'm sorry, you mean in an environment where there is -- this creates a floor and not a ceiling and states continue to have -- >>

mr. mulvaney. >> thank you, mr. chairman.hank you triple among the panel for helping us do something that we don't do enough which is due collect information. i have an honest-to-goodness question. i think it is directed to mr. pawlenty and mr. dodge. let's say mr. capuano steals my credit card which is possible because the fact kind of guy even though it's not here yet. he goes to my local gas station or his local gas station, slides it in there and maybe he knows my zip code and buys the gasoline with my stolen credit card. i catch it when my statement comes in the next week or maybe it e-mail notification which is a service. i call my bank and say someone stole my credit card and a buy gas in massachusetts. louise loss? is it the retailer? the bank that issued my card who deep outlaws for the gasoline bow with a stolen credit card? >> first i was safe if it first i would say the tables required the fraud would've never occurred. secondly, there's a difference between data breach and fraud repayment. so they are the contrac

mr. mulvaney for five minutes. >> thank you mr. chairman. i'm going to go about this a little bit differently. a little more straightforward. at any time did we have the ability to interdict and to shoot this guy down? mr. gortney? admiral? >> no, sir we did not because we did not have a detection, our ability to track or positively identify it to cue our sensor. i i can't go any further. >> and i don't want to know anything we didn't do in public session. but we hear around here we had the ability but chose not to. you're telling me that's not accurate. >> i need to go to closed session for that. >> thank you. then if the gentlemen had wanted to, he could have crashed into the capitol building, correct? >> yes sir. >> and same is true for the white house or museums. >> if there was an intent, yes, sir. >> okay. would it have been different if it was a small single seat airplane? >> yes, sir. a small single seat airplane size of a cessna or smaller we would be able to track that. we would. we track them and we have two incidents a month wher

mr. mulvaney's credit card in his hypothetical mr. lynch is recognized for five minutes. >> thank you, mr. chairman. i appreciate the. i want to thank the witnesses for their testimony. ms. moy come on the question of federal preemption, when we talk about complete federal preemption, which i got a federal standard and at least as far as this legislation goes we are talking about federal enforcement as well. that's been taken away from the attorneys general of the state. and even further, it looks like the notification for breach would be taken away from the fec and given to the ftc. so we are consolidating that as well. and as well it might involve i'm not sure if i'm getting this correct. if we have a federal standard and a retailer or a basis compliance with the federal standard, does that apply some type of immunity for that individual retailer if they're complying with what the feds require? is about also holding them harmless from any liability? >> i'm sorry communing in an environment where there is, what this creates a floor a