Dem likes odds for data breach bill, despite waning party support

Rep. Peter Welch (D-Vt.) thinks there’s still a quick route to passage for his contested bill to create a national data breach notification standard.

The measure seemed in doubt Wednesday after all Democrats — including Welch — pulled support for the measure at the last minute during a markup.

{mosads}“I felt very good about the hearing, and I think we can fix it,” Welch told reporters off the House floor, several hours after the Energy and Commerce Committee approved the bill along partisan lines.

The Data Security and Breach Notification Act, from Welch and Rep. Marsha Blackburn (R-Tenn.), would mandate companies notify customers within 30 days of a breach that their data may have been exposed. It would also set nationwide data security standards.

The bill would replace the patchwork of 47 state-level laws that have become unwieldy for companies to navigate.

Lawmakers’ efforts are being held up over already existing healthcare data protection laws in eight states, including Texas and California, Welch explained. 

“We’ve got to resolve that,” he said.

Democrats have worried a federal data breach bill could pre-empt stronger state laws, weakening consumer protections in those states. Committee ranking member Rep. Frank Pallone Jr. (D-N.J.) even called the legislation “deeply flawed” during Wednesday’s markup.

But Welch doesn’t believe the sticking points will be kill the bill.

“I’m fully expecting that I’m going to be able to be an enthusiastic supporter because I’m confident we’ll be able to fix this healthcare situation,” he said.

He’s confident that Energy and Commerce Committee Chairman Fred Upton (R-Mich.) is committed to solving the issue before the bill hits the floor.

“Just the typical last minute situation where there’s a desire to fix it but we haven’t fixed it yet,” he said.

House leaders are trying to move all cyber-related bills next week. The Blackburn-Welch offering is one of two data breach measures that could get a floor vote, despite lingering Democratic opposition.

“I think we’re in good shape,” Welch said.