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.
- IntroducedNov 30, 2011
- Passed HouseApr 26, 2012
- Passed SenateNot reached
- To the PresidentNot reached
- 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 call | Question | Result | Date |
|---|---|---|---|
| House 192 | On Passage | Passed248–168 | Apr 26, 2012 |
| House 191 | On Motion to Recommit with Instructions | Failed183–233 | Apr 26, 2012 |
| House 190 | On Agreeing to the Amendment | Agreed to413–3 | Apr 26, 2012 |
| House 189 | On Agreeing to the Amendment | Agreed to414–1 | Apr 26, 2012 |
| House 188 | On Agreeing to the Amendment | Agreed to416–0 | Apr 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.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-IL | Adam Kinzinger | Original | Nov 30, 2011 |
| D-KY | Ben Chandler | Original | Nov 30, 2011 |
| D-MD | C. A. Dutch Ruppersberger | Original | Nov 30, 2011 |
| D-OK | Dan Boren | Original | Nov 30, 2011 |
| R-CA | Devin Nunes | Original | Nov 30, 2011 |
| R-NJ | Frank A. LoBiondo | Original | Nov 30, 2011 |
| R-MI | Fred Upton | Original | Nov 30, 2011 |
| R-OR | Greg Walden | Original | Nov 30, 2011 |
| D-RI | James R. Langevin | Original | Nov 30, 2011 |
| R-FL | Jeff Miller | Original | Nov 30, 2011 |
| R-IL | John Shimkus | Original | Nov 30, 2011 |
| R-NV | Joseph J. Heck | Original | Nov 30, 2011 |
| R-TX | K. Michael Conaway | Original | Nov 30, 2011 |
| R-CA | Ken Calvert | Original | Nov 30, 2011 |
| R-NE | Lee Terry | Original | Nov 30, 2011 |
| D-IL | Luis V. Gutierrez | Original | Nov 30, 2011 |
| R-GA | Lynn A. Westmoreland | Original | Nov 30, 2011 |
| R-NV | Mark E. Amodei | Original | Nov 30, 2011 |
| R-TX | Michael C. Burgess | Original | Nov 30, 2011 |
| R-TX | Michael T. McCaul | Original | Nov 30, 2011 |
| R-MN | Michele Bachmann | Original | Nov 30, 2011 |
| R-KS | Mike Pompeo | Original | Nov 30, 2011 |
| D-CA | Mike Thompson | Original | Nov 30, 2011 |
| D-WA | Norman D. Dicks | Original | Nov 30, 2011 |
| R-NY | Peter T. King | Original | Nov 30, 2011 |
| R-GA | Phil Gingrey | Original | Nov 30, 2011 |
| R-NC | Sue Wilkins Myrick | Original | Nov 30, 2011 |
| R-FL | Thomas J. Rooney | Original | Nov 30, 2011 |
| R-AZ | Benjamin Quayle | Dec 8, 2011 | |
| R-KS | Kevin Yoder | Dec 8, 2011 | |
| R-NC | Patrick T. McHenry | Dec 8, 2011 | |
| R-OH | Robert E. Latta | Dec 8, 2011 | |
| R-NJ | Rodney P. Frelinghuysen | Dec 8, 2011 | |
| R-MI | Dave Camp | Dec 16, 2011 | |
| R-MI | Tim Walberg | Dec 16, 2011 | |
| D-CA | Anna G. Eshoo | Dec 20, 2011 | |
| D-ME | Michael H. Michaud | Dec 20, 2011 | |
| R-VA | Bob Goodlatte | Jan 18, 2012 | |
| R-WA | Cathy McMorris Rodgers | Jan 18, 2012 | |
| R-WV | David B. McKinley | Jan 18, 2012 | |
| R-FL | Ileana Ros-Lehtinen | Jan 18, 2012 | |
| R-OK | John Sullivan | Jan 18, 2012 | |
| R-CO | Mike Coffman | Jan 18, 2012 | |
| R-VA | Frank R. Wolf | Jan 25, 2012 | |
| R-VA | J. Randy Forbes | Jan 25, 2012 | |
| R-FL | Cliff Stearns | Jan 31, 2012 | |
| R-CA | Darrell Issa | Jan 31, 2012 | |
| R-CA | Gary G. Miller | Jan 31, 2012 | |
| R-OH | Michael R. Turner | Feb 1, 2012 | |
| R-OK | Tom Cole | Feb 1, 2012 | |
| R-MI | Bill Huizenga | Feb 7, 2012 | |
| R-TX | John R. Carter | Feb 7, 2012 | |
| R-AL | Mo Brooks | Feb 7, 2012 | |
| R-MO | Vicky Hartzler | Feb 7, 2012 | |
| R-KY | Brett Guthrie | Feb 13, 2012 | |
| R-MI | Candice S. Miller | Feb 13, 2012 | |
| R-MI | Dan Benishek | Feb 13, 2012 | |
| R-NY | Michael G. Grimm | Feb 13, 2012 | |
| R-AL | Mike Rogers | Feb 13, 2012 | |
| R-GA | Paul C. Broun | Feb 13, 2012 | |
| R-WA | Doc Hastings | Feb 14, 2012 | |
| R-KY | Geoff Davis | Feb 14, 2012 | |
| R-NJ | Leonard Lance | Feb 14, 2012 | |
| R-PA | Patrick Meehan | Feb 14, 2012 | |
| R-IL | Aaron Schock | Feb 16, 2012 | |
| R-PA | Bill Shuster | Feb 16, 2012 | |
| R-MN | John Kline | Feb 16, 2012 | |
| R-CA | Mary Bono | Feb 16, 2012 | |
| R-TX | Pete Olson | Feb 16, 2012 | |
| R-AL | Spencer Bachus | Feb 16, 2012 | |
| R-TN | Charles J. "Chuck" Fleischmann | Feb 27, 2012 | |
| R-TN | David P. Roe | Feb 27, 2012 | |
| D-CA | Joe Baca | Feb 27, 2012 | |
| R-SD | Kristi L. Noem | Feb 28, 2012 | |
| D-IA | Leonard L. Boswell | Feb 28, 2012 | |
| R-VA | Robert J. Wittman | Mar 1, 2012 | |
| D-FL | Alcee L. Hastings | Mar 5, 2012 | |
| R-TN | Marsha Blackburn | Mar 5, 2012 | |
| R-IL | Randy Hultgren | Mar 5, 2012 | |
| R-VA | Robert Hurt | Mar 5, 2012 | |
| R-NE | Adrian Smith | Mar 8, 2012 | |
| R-OH | Bill Johnson | Mar 8, 2012 | |
| R-AR | Eric A. "Rick" Crawford | Mar 8, 2012 | |
| D-NJ | Albio Sires | Mar 19, 2012 | |
| D-NY | Edolphus Towns | Mar 19, 2012 | |
| D-GU | Madeleine Z. Bordallo | Mar 19, 2012 | |
| D-WA | Rick Larsen | Mar 19, 2012 | |
| R-AZ | Trent Franks | Mar 19, 2012 | |
| D-TN | Jim Cooper | Mar 22, 2012 | |
| R-NJ | Jon Runyan | Mar 22, 2012 | |
| R-PA | Joseph R. Pitts | Mar 22, 2012 | |
| D-AR | Mike Ross | Mar 22, 2012 | |
| R-CA | Brian P. Bilbray | Mar 29, 2012 | |
| D-MN | Collin C. Peterson | Mar 29, 2012 | |
| D-CA | Dennis A. Cardoza | Mar 29, 2012 | |
| R-VA | H. Morgan Griffith | Mar 29, 2012 | |
| D-NC | Heath Shuler | Mar 29, 2012 | |
| D-CA | Jim Costa | Mar 29, 2012 | |
| R-SC | Joe Wilson | Mar 29, 2012 | |
| D-NC | Larry Kissell | Mar 29, 2012 | |
| D-NC | Mike McIntyre | Mar 29, 2012 | |
| R-GA | Rob Woodall | Mar 29, 2012 | |
| R-MD | Roscoe G. Bartlett | Mar 29, 2012 | |
| R-LA | Steve Scalise | Mar 29, 2012 | |
| R-OH | Steve Stivers | Mar 29, 2012 | |
| D-NY | William L. Owens | Mar 29, 2012 | |
| R-CO | Doug Lamborn | Apr 16, 2012 | |
| D-TX | Henry Cuellar | Apr 16, 2012 | |
| R-SC | Mick Mulvaney | Apr 16, 2012 | |
| R-TX | Ralph M. Hall | Apr 16, 2012 | |
| R-OH | Steve Austria | Apr 16, 2012 | |
| R-CA | Howard P. "Buck" McKeon | Apr 17, 2012 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Intelligence (Permanent Select) Committee | Referred Nov 30, 2011Markup Dec 1, 2011Reported Apr 17, 2012 |
| Senate | Intelligence (Select) Committee | Referred May 7, 2012 |
Actions 52
Everything that happened, newest first.
- May 7, 2012Received in the Senate and Read twice and referred to the Select Committee on Intelligence.
- Apr 26, 2012Rule H. Res. 631 passed House.
- Apr 26, 2012Considered under the provisions of rule H. Res. 631. (consideration: CR H2156-2176)
- 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.
- 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.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S3814 | Richard J. Durbin D-IL | Jun 7, 2012 |
| House | Debate and remarks H3293 | James R. Langevin D-RI | May 31, 2012 |
| House · Extensions | Debate and remarks E693, H2253 | Earl Blumenauer D-OR, Tom McClintock R-CA | Apr 27, 2012 |
| House | Debate 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 H2212 | Adam 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-TX | Apr 26, 2012 |
| House | Debate and remarks H2077 | Marsha Blackburn R-TN | Apr 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
- 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
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.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 112-131 | CYBER THREATS TO CAPITAL MARKETS AND CORPORATE ACCOUNTS128 pages | Financial Services Committee | Jun 1, 2012 |
| Serial No. 112-134 | CYBERSECURITY: THREATS TO COMMUNICATIONS NETWORKS AND PUBLIC-SECTOR RESPONSES105 pages | Energy and Commerce Committee | Mar 28, 2012 |
| Serial No. 112-123 | CYBERSECURITY: THE PIVOTAL ROLE OF COMMUNICATIONS NETWORKS124 pages | Energy and Commerce Committee | Mar 7, 2012 |
| S. Hrg. 112-524 | SECURING AMERICA'S FUTURE: THE CYBERSECURITY ACT OF 2012286 pages | Homeland Security and Governmental Affairs Committee | Feb 16, 2012 |
| Serial No. 112-61 | DRAFT LEGISLATIVE PROPOSAL ON CYBERSECURITY50 pages | Homeland Security Committee | Dec 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.
| Product | Title | Kind | Published |
|---|---|---|---|
| R44069 | Cybersecurity and Information Sharing: Comparison of H.R. 1560 (PCNA and NCPAA) and S. 754 (CISA) Archived | Report | Nov 6, 2015 |
| RL30153 | Critical Infrastructures: Background, Policy, and Implementation Archived | Report | Jun 10, 2015 |
| R42114 | Federal Laws Relating to Cybersecurity: Overview of Major Issues, Current Laws, and Proposed Legislation Archived | Report | Dec 12, 2014 |
Amendments 14
Amendments offered to this bill.
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.
- Administrative law and regulatory procedures
- Armed Forces and National Security
- Business records
- Civil actions and liability
- Computer security and identity theft
- Congressional oversight
- Crimes against children
- Criminal investigation, prosecution, interrogation
- Director of National Intelligence
- Federal preemption
- Government information and archives
- Government liability
- Health information and medical records
- Homeland security
- Human trafficking
- Intelligence activities, surveillance, classified information
- Pornography
- Public-private cooperation
- Right of privacy
- Sex offenses
Text 4
Each version as it was printed, newest first.
- May 7, 2012Referred in Senate
- Apr 26, 2012Engrossed in House
- Apr 17, 2012Reported in House
- Nov 30, 2011Introduced in House
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.