HR 3523 · 112th Congress 2011–2013, ended

Cyber Intelligence Sharing and Protection Act

Latest action · May 7, 2012 Received in the Senate and Read twice and referred to the Select Committee on Intelligence.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedNov 30, 2011
  2. Passed HouseApr 26, 2012
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Cyber Intelligence Sharing and Protection Act - Amends the National Security Act of 1947 to add provisions concerning cyber threat intelligence and information sharing. Defines "cyber threat intelligence" as intelligence in the possession of an element of the intelligence community directly pertaining to: (1) a vulnerability of a system or network of a government or private entity; (2) a threat to the integrity, confidentiality, or availability of such a system or network or any information stored on, processed on, or transiting such a system or network; (3) efforts to deny access to or degrade, disrupt, or destroy such a system or network; or (4) efforts to gain unauthorized access to such a system or network, including for the purpose of exfiltrating information. Excludes intelligence pertaining to efforts to gain unauthorized access to such a system or network that solely involve violations of consumer terms of service or consumer licensing agreements and do not otherwise constitute unauthorized access.

Requires the Director of National Intelligence (DNI) to: (1) establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities and utilities, and (2) encourage the sharing of such intelligence.

Requires the procedures established to ensure that such intelligence is only: (1) shared with certified entities or a person with an appropriate security clearance, (2) shared consistent with the need to protect U.S. national security, and (3) used in a manner that protects such intelligence from unauthorized disclosure. Provides for guidelines for the granting of security clearance approvals to certified entities or officers or employees of such entities. Prohibits a certified entity receiving such intelligence from further disclosing the information to any entity other than another certified entity or a federal department or agency authorized to receive such intelligence.

Authorizes a cybersecurity provider (a non-governmental entity that provides goods or services intended to be used for cybersecurity purposes), with the express consent of a protected entity (an entity that contracts with a cybersecurity provider) to: (1) use cybersecurity systems to identify and obtain cyber threat information in order to protect the rights and property of the protected entity; and (2) share cyber threat information with any other entity designated by the protected entity, including the federal government. Provides similar cybersecurity system use and threat information sharing authority to self-protected entities (an entity that provides goods or services for cybersecurity purposes to itself).

Requires the head of a federal agency receiving cyber threat information to provide such information to the National Cybersecurity and Communications Integration Center of the Department of Homeland Security (DHS), and allows such agency head to request the Center to provide such information to another federal agency. Sets forth requirements with respect to the use and protection of shared information, including prohibiting the use of such information to gain a competitive advantage and, if shared with the federal government, exempts such information from public disclosure. Prohibits a civil or criminal cause of action against a protected entity, a self-protected entity, or a cybersecurity provider acting in good faith under the above circumstances.

Allows the federal government to use shared cyber threat information: (1) for cybersecurity purposes to ensure the integrity, confidentiality, availability, or safeguarding of a system or network; (2) for the investigation of cybersecurity crimes; (3) for the protection of individuals from the danger of death or serious bodily harm and the prosecution of crimes involving such dangers (including the protection of minors from child pornography, sexual exploitation, kidnapping, and trafficking); or (4) to protect U.S. national security. Prohibits the federal government from affirmatively searching such information for any other purpose.

Provides for the protection of sensitive personal documents such as library records, firearms sales records, educational records, tax returns, and medical records. Requires a federal agency receiving information that is not cyber threat information to so notify the entity or provider of such information. Prohibits federal agencies from retaining shared information for any unauthorized use. Allows the federal government to undertake efforts to limit the impact of the sharing of such information on privacy and civil liberties. Outlines federal government liability for violations of restrictions on the disclosure, use, and protection of voluntarily shared information.

Directs the Inspector General of the Intelligence Community to submit annually to the congressional intelligence committees a review of the use of such information shared with the federal government, as well as recommendations for improvements and modifications to address privacy and civil liberties concerns.

Preempts any state statute that restricts or otherwise regulates an activity authorized by the Act.

States that nothing in this Act shall be construed to: (1) provide additional authority to, or modify existing authority of, any element of the intelligence community to control or direct the cybersecurity efforts of a private-sector entity or a component of the federal government or a state, local, or tribal government; (2) limit or affect existing information sharing relationships of the federal government; or (3) provide additional authority to, or modify existing authority of, any entity to use a cybersecurity system owned or controlled by the federal government on a private-sector system or network to protect the latter system or network.

Recorded votes 9

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 192Passed248–168Apr 26, 2012
House 191Failed183–233Apr 26, 2012
House 190Agreed to413–3Apr 26, 2012
House 189Agreed to414–1Apr 26, 2012
House 188Agreed to416–0Apr 26, 2012

Cosponsors 112

Members who signed on, in the order they did. Signatures ran from Nov 30, 2011 to Apr 17, 2012; 28 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-ILAdam KinzingerOriginalNov 30, 2011
D-KYBen ChandlerOriginalNov 30, 2011
D-MDC. A. Dutch RuppersbergerOriginalNov 30, 2011
D-OKDan BorenOriginalNov 30, 2011
R-CADevin NunesOriginalNov 30, 2011
R-NJFrank A. LoBiondoOriginalNov 30, 2011
R-MIFred UptonOriginalNov 30, 2011
R-ORGreg WaldenOriginalNov 30, 2011
D-RIJames R. LangevinOriginalNov 30, 2011
R-FLJeff MillerOriginalNov 30, 2011
R-ILJohn ShimkusOriginalNov 30, 2011
R-NVJoseph J. HeckOriginalNov 30, 2011
R-TXK. Michael ConawayOriginalNov 30, 2011
R-CAKen CalvertOriginalNov 30, 2011
R-NELee TerryOriginalNov 30, 2011
D-ILLuis V. GutierrezOriginalNov 30, 2011
R-GALynn A. WestmorelandOriginalNov 30, 2011
R-NVMark E. AmodeiOriginalNov 30, 2011
R-TXMichael C. BurgessOriginalNov 30, 2011
R-TXMichael T. McCaulOriginalNov 30, 2011
R-MNMichele BachmannOriginalNov 30, 2011
R-KSMike PompeoOriginalNov 30, 2011
D-CAMike ThompsonOriginalNov 30, 2011
D-WANorman D. DicksOriginalNov 30, 2011
R-NYPeter T. KingOriginalNov 30, 2011
R-GAPhil GingreyOriginalNov 30, 2011
R-NCSue Wilkins MyrickOriginalNov 30, 2011
R-FLThomas J. RooneyOriginalNov 30, 2011
R-AZBenjamin QuayleDec 8, 2011
R-KSKevin YoderDec 8, 2011
R-NCPatrick T. McHenryDec 8, 2011
R-OHRobert E. LattaDec 8, 2011
R-NJRodney P. FrelinghuysenDec 8, 2011
R-MIDave CampDec 16, 2011
R-MITim WalbergDec 16, 2011
D-CAAnna G. EshooDec 20, 2011
D-MEMichael H. MichaudDec 20, 2011
R-VABob GoodlatteJan 18, 2012
R-WACathy McMorris RodgersJan 18, 2012
R-WVDavid B. McKinleyJan 18, 2012
R-FLIleana Ros-LehtinenJan 18, 2012
R-OKJohn SullivanJan 18, 2012
R-COMike CoffmanJan 18, 2012
R-VAFrank R. WolfJan 25, 2012
R-VAJ. Randy ForbesJan 25, 2012
R-FLCliff StearnsJan 31, 2012
R-CADarrell IssaJan 31, 2012
R-CAGary G. MillerJan 31, 2012
R-OHMichael R. TurnerFeb 1, 2012
R-OKTom ColeFeb 1, 2012
R-MIBill HuizengaFeb 7, 2012
R-TXJohn R. CarterFeb 7, 2012
R-ALMo BrooksFeb 7, 2012
R-MOVicky HartzlerFeb 7, 2012
R-KYBrett GuthrieFeb 13, 2012
R-MICandice S. MillerFeb 13, 2012
R-MIDan BenishekFeb 13, 2012
R-NYMichael G. GrimmFeb 13, 2012
R-ALMike RogersFeb 13, 2012
R-GAPaul C. BrounFeb 13, 2012
R-WADoc HastingsFeb 14, 2012
R-KYGeoff DavisFeb 14, 2012
R-NJLeonard LanceFeb 14, 2012
R-PAPatrick MeehanFeb 14, 2012
R-ILAaron SchockFeb 16, 2012
R-PABill ShusterFeb 16, 2012
R-MNJohn KlineFeb 16, 2012
R-CAMary BonoFeb 16, 2012
R-TXPete OlsonFeb 16, 2012
R-ALSpencer BachusFeb 16, 2012
R-TNCharles J. "Chuck" FleischmannFeb 27, 2012
R-TNDavid P. RoeFeb 27, 2012
D-CAJoe BacaFeb 27, 2012
R-SDKristi L. NoemFeb 28, 2012
D-IALeonard L. BoswellFeb 28, 2012
R-VARobert J. WittmanMar 1, 2012
D-FLAlcee L. HastingsMar 5, 2012
R-TNMarsha BlackburnMar 5, 2012
R-ILRandy HultgrenMar 5, 2012
R-VARobert HurtMar 5, 2012
R-NEAdrian SmithMar 8, 2012
R-OHBill JohnsonMar 8, 2012
R-AREric A. "Rick" CrawfordMar 8, 2012
D-NJAlbio SiresMar 19, 2012
D-NYEdolphus TownsMar 19, 2012
D-GUMadeleine Z. BordalloMar 19, 2012
D-WARick LarsenMar 19, 2012
R-AZTrent FranksMar 19, 2012
D-TNJim CooperMar 22, 2012
R-NJJon RunyanMar 22, 2012
R-PAJoseph R. PittsMar 22, 2012
D-ARMike RossMar 22, 2012
R-CABrian P. BilbrayMar 29, 2012
D-MNCollin C. PetersonMar 29, 2012
D-CADennis A. CardozaMar 29, 2012
R-VAH. Morgan GriffithMar 29, 2012
D-NCHeath ShulerMar 29, 2012
D-CAJim CostaMar 29, 2012
R-SCJoe WilsonMar 29, 2012
D-NCLarry KissellMar 29, 2012
D-NCMike McIntyreMar 29, 2012
R-GARob WoodallMar 29, 2012
R-MDRoscoe G. BartlettMar 29, 2012
R-LASteve ScaliseMar 29, 2012
R-OHSteve StiversMar 29, 2012
D-NYWilliam L. OwensMar 29, 2012
R-CODoug LambornApr 16, 2012
D-TXHenry CuellarApr 16, 2012
R-SCMick MulvaneyApr 16, 2012
R-TXRalph M. HallApr 16, 2012
R-OHSteve AustriaApr 16, 2012
R-CAHoward P. "Buck" McKeonApr 17, 2012

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseIntelligence (Permanent Select) Committee
Referred Nov 30, 2011Markup Dec 1, 2011Reported Apr 17, 2012
SenateIntelligence (Select) Committee
Referred May 7, 2012

Actions 52

Everything that happened, newest first.

  1. May 7, 2012Received in the Senate and Read twice and referred to the Select Committee on Intelligence.
  2. Apr 26, 2012Rule H. Res. 631 passed House.
  3. Apr 26, 2012Considered under the provisions of rule H. Res. 631. (consideration: CR H2156-2176)
  4. Apr 26, 2012Rule provides for consideration of H.R. 3523 with 1 hour of general debate. Motion to recommit with or without instructions allowed. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill. The rule makes in order as original text for purpose of amendment the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-20 and provides that it shall be considered as read. The rule waives all points of order against the amendment in the nature of a substitute. The rule makes in order only those amendments printed in the Rules Committee report. The rule further provides that it shall be in order at any time through the legislative day of April 27, 2012, for the Speaker to entertain motions that the House suspend the rules. The rule provides further for a closed rule for consideration of H.R. 4628. The rule provides one hour of general debate and one motion to recommit. Finally, the rule provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012 recommit. Finally, the rule provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012 file, privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2013.
  5. Apr 26, 2012House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 631 and Rule XVIII.

In the Congressional Record 6

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S3814Richard J. Durbin D-ILJun 7, 2012
HouseDebate and remarks H3293James R. Langevin D-RIMay 31, 2012
House · ExtensionsDebate and remarks E693, H2253Earl Blumenauer D-OR, Tom McClintock R-CAApr 27, 2012
HouseDebate and remarks H2146, H2147–H2156, H2156–H2186Text printed H2147, H2166Amendments H2154, H2166, H2167, H2169, H2170, H2171, H2172, H2173, H2174, H2175, H2176, H2178Motions H2184Recorded votes H2155, H2156, H2179, H2180, H2181, H2182, H2183, H2185, H2186Amash amendment (prohibit intelligence community cybersecurity systems from using sensitive personal documents received from certain sources)consideration (H. Res. 631), previous questionenactMulvaney amendment (clarify retention and use rules for personal information received by the intelligence community from private-sector cybersecurity entities)Langevin amendment (include critical infrastructure owners and operators in program to share cyber threat intelligence with private-sector cybersecurity entities)Mulvaney amendment (set sunset date)Perlmutter motion to recommit (prohibit Federal agencies, employers, or prospective employers from requiring disclosure of passwords to social networking web sites)Rogers of Michigan amendment (require regulatory information provided to private-sector cybersecurity entities remain subject to the Freedom of Information Act)Declaratory Statements H2212Adam B. Schiff D-CA, Adam Kinzinger R-IL, Benjamin Quayle R-AZ (amendment), Bennie G. Thompson D-MS, Bob Goodlatte R-VA (amendment), C. A. Dutch Ruppersberger D-MD, Dan Boren D-OK, Daniel E. Lungren R-CA, Devin Nunes R-CA, Ed Perlmutter D-CO (motion), Edward J. Markey D-MA, Elijah E. Cummings D-MD, Gary C. Peters D-MI, George Miller D-CA, Glenn Thompson R-PA, Greg Walden R-OR, Henry C. "Hank" Johnson, Jr. D-GA, James R. Langevin D-RI (amendment), Janice D. Schakowsky D-IL, Janice Hahn D-CA, Jared Polis D-CO (amendment), Jason Chaffetz R-UT, Jeff Flake R-AZ (amendment), Jerrold Nadler D-NY, Joe Barton R-TX, Joe Courtney D-CT, John F. Tierney D-MA, John Lewis D-GA, Joseph J. Heck R-NV, Justin Amash I-MI (amendment), Laura Richardson D-CA (amendment), Lee Terry R-NE, Leonard L. Boswell D-IA, Lynn A. Westmoreland R-GA, Mac Thornberry R-TX, Mary Bono R-CA, Michael R. Turner R-OH (amendment), Mick Mulvaney R-SC (amendment), Mike Pompeo R-KS (amendment), Mike Rogers R-MI (amendment), Nancy Pelosi D-CA, Nick J. Rahall II D-WV, Richard B. Nugent R-FL, Rob Woodall R-GA (amendment), Rush Holt D-NJ, Sheila Jackson Lee D-TX (amendment), Steve Stivers R-OH, Sue Wilkins Myrick R-NC, Ted Poe R-TXApr 26, 2012
HouseDebate and remarks H2077Marsha Blackburn R-TNApr 25, 2012

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Dec 22, 2011H.R. 3523, Cyber Intelligence Sharing ActCost estimate for the bill as ordered reported by the House Permanent Select Committee on Intelligence on December 1, 2011

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: The intelligence and intelligence-related activities of the United States government are carried out to support the national security interests of the United States. Article I, section 8 of the Constitution of the United States provides, in pertinent part, that ``Congress shall have power . . . to pay the debts and provide for the common defense and general welfare of the United States''; and ``To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested in this Constitution in the Government of the United States, or in any Department or Officer thereof.''

The sponsor’s statement, as printed in the page H7999.

Printed hearings 5

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 112-131CYBER THREATS TO CAPITAL MARKETS AND CORPORATE ACCOUNTS128 pagesFinancial Services CommitteeJun 1, 2012
Serial No. 112-134CYBERSECURITY: THREATS TO COMMUNICATIONS NETWORKS AND PUBLIC-SECTOR RESPONSES105 pagesEnergy and Commerce CommitteeMar 28, 2012
Serial No. 112-123CYBERSECURITY: THE PIVOTAL ROLE OF COMMUNICATIONS NETWORKS124 pagesEnergy and Commerce CommitteeMar 7, 2012
S. Hrg. 112-524SECURING AMERICA'S FUTURE: THE CYBERSECURITY ACT OF 2012286 pagesHomeland Security and Governmental Affairs CommitteeFeb 16, 2012
Serial No. 112-61DRAFT LEGISLATIVE PROPOSAL ON CYBERSECURITY50 pagesHomeland Security CommitteeDec 6, 2011

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

Amendments 14

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 1019An amendment numbered 1 printed in House Report 112-454 to expand eligibility to participate in the voluntary information sharing program created in the bill to include critical infrastructure owners and operators, which allows entities that are not entirely privately owned, such as airports, utilities, and public transit systems, to receive vital cybersecurity information and better secure their networks against cyber threats.James R. Langevin D-RIOn agreeing to the Langevin amendment Failed by recorded vote: 167 - 243 (Roll no. 184).
HAmdt 1020An amendment numbered 3 printed in House Report 112-454 to make clear in the bill's liability provision that the reference to the use of cybersecurity systems is the use of such systems to identify and obtain cyber threat information or the sharing of information are not exempt from potential civil liability.Mike Pompeo R-KSOn agreeing to the Pompeo amendment (A002) Agreed to by voice vote.
HAmdt 1021An amendment numbered 4 printed in House Report 112-454 to make clear that regulatory information already required to be provided remains FOIAable under current law.Mike Rogers R-MIOn agreeing to the Rogers (MI) amendment Agreed to by recorded vote: 412 - 0 (Roll no. 185).
HAmdt 1022An amendment numbered 6 printed in House Report 112-454 to limit government use of shared cyber threat information to only 5 purposes: (1) cybersecurity; (2) investigation and prosecution of cybersecurity crimes; (3) protection of individuals from the danger of death or physical injury; (4) protection of minors from physical or psychological harm; and (5) protection of the national security of the United States.Benjamin Quayle R-AZOn agreeing to the Quayle amendment (A004) Agreed to by recorded vote: 410 - 3 (Roll no. 186).
HAmdt 1023An amendment numbered 7 printed in House Report 112-454 to prohibit the federal government from using, inter alia, library records, firearms sales records, and tax returns that it receives from private entities under CISPA.Justin Amash I-MIOn agreeing to the Amash amendment (A005) Agreed to by recorded vote: 415 - 0 (Roll no. 187).

Related bills 1

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To provide for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities, and for other purposes.
Short Titles as Introduced
Cyber Intelligence Sharing and Protection Act of 2011
Short Titles as Reported to House
Cyber Intelligence Sharing and Protection Act
Short Titles as Passed House
Cyber Intelligence Sharing and Protection Act

Subjects

Assigned by the Library of Congress. Policy area: Armed Forces and National Security.

Text 4

Each version as it was printed, newest first.

  1. May 7, 2012Referred in Senate
  2. Apr 26, 2012Engrossed in House
  3. Apr 17, 2012Reported in House
  4. Nov 30, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.