IIB 

113TH CONGRESS 

1ST SESSION H. R. 624 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2013 

Received; read twice and referred to the Select Committee on Intelligence 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cyber Intelligence 

3 Sharing and Protection Act’’. 

4 SEC. 2. FEDERAL GOVERNMENT COORDINATION WITH RE5 SPECT TO CYBERSECURITY. 

6 (a) COORDINATED ACTIVITIES.—The Federal Gov7 ernment shall conduct cybersecurity activities to provide 

8 shared situational awareness that enables integrated oper9 ational actions to protect, prevent, mitigate, respond to, 

10 and recover from cyber incidents. 

11 (b) COORDINATED INFORMATION SHARING.— 

12 (1) DESIGNATION OF COORDINATING ENTITY

13 FOR CYBER THREAT INFORMATION.—The President 

14 shall designate an entity within the Department of 

15 Homeland Security as the civilian Federal entity to 

16 receive cyber threat information that is shared by a 

17 cybersecurity provider or self-protected entity in ac18 cordance with section 1104(b) of the National Secu19 rity Act of 1947, as added by section 3(a) of this 

20 Act, except as provided in paragraph (2) and subject 

21 to the procedures established under paragraph (4). 

22 (2) DESIGNATION OF A COORDINATING ENTITY

23 FOR CYBERSECURITY CRIMES.—The President shall 

24 designate an entity within the Department of Justice 

25 as the civilian Federal entity to receive cyber threat 

26 information related to cybersecurity crimes that is 


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1 shared by a cybersecurity provider or self-protected 

2 entity in accordance with section 1104(b) of the Na3 tional Security Act of 1947, as added by section 3(a) 

4 of this Act, subject to the procedures under para5 graph (4). 

6 (3) SHARING BY COORDINATING ENTITIES.— 

7 The entities designated under paragraphs (1) and 

8 (2) shall share cyber threat information shared with 

9 such entities in accordance with section 1104(b) of 

10 the National Security Act of 1947, as added by sec11 tion 3(a) of this Act, consistent with the procedures 

12 established under paragraphs (4) and (5). 

13 (4) PROCEDURES.—Each department or agency 

14 of the Federal Government receiving cyber threat in15 formation shared in accordance with section 1104(b) 

16 of the National Security Act of 1947, as added by 

17 section 3(a) of this Act, shall establish procedures 

18 to— 

19 (A) ensure that cyber threat information 

20 shared with departments or agencies of the 

21 Federal Government in accordance with such 

22 section 1104(b) is also shared with appropriate 

23 departments and agencies of the Federal Gov24 ernment with a national security mission in real 

25 time; 


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1 (B) ensure the distribution to other de2 partments and agencies of the Federal Govern3 ment of cyber threat information in real time; 

4 and 

5 (C) facilitate information sharing, inter6 action, and collaboration among and between 

7 the Federal Government; State, local, tribal, 

8 and territorial governments; and cybersecurity 

9 providers and self-protected entities. 

10 (5) PRIVACY AND CIVIL LIBERTIES.— 

11 (A) POLICIES AND PROCEDURES.—The 

12 Secretary of Homeland Security, the Attorney 

13 General, the Director of National Intelligence, 

14 and the Secretary of Defense shall jointly estab15 lish and periodically review policies and proce16 dures governing the receipt, retention, use, and 

17 disclosure of non-publicly available cyber threat 

18 information shared with the Federal Govern19 ment in accordance with section 1104(b) of the 

20 National Security Act of 1947, as added by sec21 tion 3(a) of this Act. Such policies and proce22 dures shall, consistent with the need to protect 

23 systems and networks from cyber threats and 

24 mitigate cyber threats in a timely manner— 


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1 (i) minimize the impact on privacy 

2 and civil liberties; 

3 (ii) reasonably limit the receipt, reten4 tion, use, and disclosure of cyber threat in5 formation associated with specific persons 

6 that is not necessary to protect systems or 

7 networks from cyber threats or mitigate 

8 cyber threats in a timely manner; 

9 (iii) include requirements to safeguard 

10 non-publicly available cyber threat infor11 mation that may be used to identify spe12 cific persons from unauthorized access or 

13 acquisition; 

14 (iv) protect the confidentiality of cyber 

15 threat information associated with specific 

16 persons to the greatest extent practicable; 

17 and 

18 (v) not delay or impede the flow of 

19 cyber threat information necessary to de20 fend against or mitigate a cyber threat. 

21 (B) SUBMISSION TO CONGRESS.—The Sec22 retary of Homeland Security, the Attorney Gen23 eral, the Director of National Intelligence, and 

24 the Secretary of Defense shall, consistent with 

25 the need to protect sources and methods, jointly 


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1 submit to Congress the policies and procedures 

2 required under subparagraph (A) and any up3 dates to such policies and procedures. 

4 (C) IMPLEMENTATION.—The head of each 

5 department or agency of the Federal Govern6 ment receiving cyber threat information shared 

7 with the Federal Government under such sec8 tion 1104(b) shall— 

9 (i) implement the policies and proce10 dures established under subparagraph (A); 

11 and 

12 (ii) promptly notify the Secretary of 

13 Homeland Security, the Attorney General, 

14 the Director of National Intelligence, the 

15 Secretary of Defense, and the appropriate 

16 congressional committees of any significant 

17 violations of such policies and procedures. 

18 (D) OVERSIGHT.—The Secretary of Home19 land Security, the Attorney General, the Direc20 tor of National Intelligence, and the Secretary 

21 of Defense shall jointly establish a program to 

22 monitor and oversee compliance with the poli23 cies and procedures established under subpara24 graph (A). 


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1 (6) INFORMATION SHARING RELATIONSHIPS.— 

2 Nothing in this section shall be construed to— 

3 (A) alter existing agreements or prohibit 

4 new agreements with respect to the sharing of 

5 cyber threat information between the Depart6 ment of Defense and an entity that is part of 

7 the defense industrial base; 

8 (B) alter existing information-sharing rela9 tionships between a cybersecurity provider, pro10 tected entity, or self-protected entity and the 

11 Federal Government; 

12 (C) prohibit the sharing of cyber threat in13 formation directly with a department or agency 

14 of the Federal Government for criminal inves15 tigative purposes related to crimes described in 

16 section 1104(c)(1) of the National Security Act 

17 of 1947, as added by section 3(a) of this Act; 

18 or 

19 (D) alter existing agreements or prohibit 

20 new agreements with respect to the sharing of 

21 cyber threat information between the Depart22 ment of Treasury and an entity that is part of 

23 the financial services sector. 

24 (7) TECHNICAL ASSISTANCE.— 


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1 (A) DISCUSSIONS AND ASSISTANCE.— 

2 Nothing in this section shall be construed to 

3 prohibit any department or agency of the Fed4 eral Government from engaging in formal or in5 formal technical discussion regarding cyber 

6 threat information with a cybersecurity provider 

7 or self-protected entity or from providing tech8 nical assistance to address vulnerabilities or 

9 mitigate threats at the request of such a pro10 vider or such an entity. 

11 (B) COORDINATION.—Any department or 

12 agency of the Federal Government engaging in 

13 an activity referred to in subparagraph (A) 

14 shall coordinate such activity with the entity of 

15 the Department of Homeland Security des16 ignated under paragraph (1) and share all sig17 nificant information resulting from such activity 

18 with such entity and all other appropriate de19 partments and agencies of the Federal Govern20 ment. 

21 (C) SHARING BY DESIGNATED ENTITY.— 

22 Consistent with the policies and procedures es23 tablished under paragraph (5), the entity of the 

24 Department of Homeland Security designated 

25 under paragraph (1) shall share with all approVerDate Mar 15 2010 01:12 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H624.RFS H624

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1 priate departments and agencies of the Federal 

2 Government all significant information resulting 

3 from— 

4 (i) formal or informal technical dis5 cussions between such entity of the De6 partment of Homeland Security and a cy7 bersecurity provider or self-protected entity 

8 about cyber threat information; or 

9 (ii) any technical assistance such enti10 ty of the Department of Homeland Secu11 rity provides to such cybersecurity provider 

12 or such self-protected entity to address 

13 vulnerabilities or mitigate threats. 

14 (c) REPORTS ON INFORMATION SHARING.— 

15 (1) INSPECTOR GENERAL OF THE DEPARTMENT

16 OF HOMELAND SECURITY REPORT.—The Inspector 

17 General of the Department of Homeland Security, in 

18 consultation with the Inspector General of the De19 partment of Justice, the Inspector General of the In20 telligence Community, the Inspector General of the 

21 Department of Defense, and the Privacy and Civil 

22 Liberties Oversight Board, shall annually submit to 

23 the appropriate congressional committees a report 

24 containing a review of the use of information shared 

25 with the Federal Government under subsection (b) 


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1 of section 1104 of the National Security Act of 

2 1947, as added by section 3(a) of this Act, includ3 ing— 

4 (A) a review of the use by the Federal 

5 Government of such information for a purpose 

6 other than a cybersecurity purpose; 

7 (B) a review of the type of information 

8 shared with the Federal Government under 

9 such subsection; 

10 (C) a review of the actions taken by the 

11 Federal Government based on such information; 

12 (D) appropriate metrics to determine the 

13 impact of the sharing of such information with 

14 the Federal Government on privacy and civil 

15 liberties, if any; 

16 (E) a list of the departments or agencies 

17 receiving such information; 

18 (F) a review of the sharing of such infor19 mation within the Federal Government to iden20 tify inappropriate stovepiping of shared infor21 mation; and 

22 (G) any recommendations of the Inspector 

23 General of the Department of Homeland Secu24 rity for improvements or modifications to the 

25 authorities under such section. 


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1 (2) PRIVACY AND CIVIL LIBERTIES OFFICERS

2 REPORT.—The Officer for Civil Rights and Civil 

3 Liberties of the Department of Homeland Security, 

4 in consultation with the Privacy and Civil Liberties 

5 Oversight Board, the Inspector General of the Intel6 ligence Community, and the senior privacy and civil 

7 liberties officer of each department or agency of the 

8 Federal Government that receives cyber threat infor9 mation shared with the Federal Government under 

10 such subsection (b), shall annually and jointly sub11 mit to Congress a report assessing the privacy and 

12 civil liberties impact of the activities conducted by 

13 the Federal Government under such section 1104. 

14 Such report shall include any recommendations the 

15 Civil Liberties Protection Officer and Chief Privacy 

16 and Civil Liberties Officer consider appropriate to 

17 minimize or mitigate the privacy and civil liberties 

18 impact of the sharing of cyber threat information 

19 under such section 1104. 

20 (3) FORM.—Each report required under para21 graph (1) or (2) shall be submitted in unclassified 

22 form, but may include a classified annex. 

23 (d) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security, 

5 the Committee on the Judiciary, the Permanent 

6 Select Committee on Intelligence, and the Com7 mittee on Armed Services of the House of Rep8 resentatives; and 

9 (B) the Committee on Homeland Security 

10 and Governmental Affairs, the Committee on 

11 the Judiciary, the Select Committee on Intel12 ligence, and the Committee on Armed Services 

13 of the Senate. 

14 (2) CYBER THREAT INFORMATION, CYBER

15 THREAT INTELLIGENCE, CYBERSECURITY CRIMES, 

16 CYBERSECURITY PROVIDER, CYBERSECURITY PUR17 POSE, AND SELF-PROTECTED ENTITY.—The terms 

18 ‘‘cyber threat information’’, ‘‘cyber threat intel19 ligence’’, ‘‘cybersecurity crimes’’, ‘‘cybersecurity pro20 vider’’, ‘‘cybersecurity purpose’’, and ‘‘self-protected 

21 entity’’ have the meaning given those terms in sec22 tion 1104 of the National Security Act of 1947, as 

23 added by section 3(a) of this Act. 

24 (3) INTELLIGENCE COMMUNITY.—The term 

25 ‘‘intelligence community’’ has the meaning given the 


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1 term in section 3(4) of the National Security Act of 

2 1947 (50 U.S.C. 401a(4)). 

3 (4) SHARED SITUATIONAL AWARENESS.—The 

4 term ‘‘shared situational awareness’’ means an envi5 ronment where cyber threat information is shared in 

6 real time between all designated Federal cyber oper7 ations centers to provide actionable information 

8 about all known cyber threats. 

9 SEC. 3. CYBER THREAT INTELLIGENCE AND INFORMATION 

10 SHARING. 

11 (a) IN GENERAL.—Title XI of the National Security 

12 Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 

13 at the end the following new section: 

14 ‘‘CYBER THREAT INTELLIGENCE AND INFORMATION

15 SHARING

16 ‘‘SEC. 1104. (a) INTELLIGENCE COMMUNITY SHAR17 ING OF CYBER THREAT INTELLIGENCE WITH PRIVATE

18 SECTOR AND UTILITIES.— 

19 ‘‘(1) IN GENERAL.—The Director of National 

20 Intelligence shall establish procedures to allow ele21 ments of the intelligence community to share cyber 

22 threat intelligence with private-sector entities and 

23 utilities and to encourage the sharing of such intel24 ligence. 

25 ‘‘(2) SHARING AND USE OF CLASSIFIED INTEL26 LIGENCE.—The procedures established under paraVerDate Mar 15 2010 01:12 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H624.RFS H624

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1 graph (1) shall provide that classified cyber threat 

2 intelligence may only be— 

3 ‘‘(A) shared by an element of the intel4 ligence community with— 

5 ‘‘(i) a certified entity; or 

6 ‘‘(ii) a person with an appropriate se7 curity clearance to receive such cyber 

8 threat intelligence; 

9 ‘‘(B) shared consistent with the need to 

10 protect the national security of the United 

11 States; 

12 ‘‘(C) used by a certified entity in a manner 

13 which protects such cyber threat intelligence 

14 from unauthorized disclosure; and 

15 ‘‘(D) used, retained, or further disclosed by 

16 a certified entity for cybersecurity purposes. 

17 ‘‘(3) SECURITY CLEARANCE APPROVALS.—The 

18 Director of National Intelligence shall issue guide19 lines providing that the head of an element of the 

20 intelligence community may, as the head of such ele21 ment considers necessary to carry out this sub22 section— 

23 ‘‘(A) grant a security clearance on a tem24 porary or permanent basis to an employee, 


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1 independent contractor, or officer of a certified 

2 entity; 

3 ‘‘(B) grant a security clearance on a tem4 porary or permanent basis to a certified entity 

5 and approval to use appropriate facilities; and 

6 ‘‘(C) expedite the security clearance proc7 ess for a person or entity as the head of such 

8 element considers necessary, consistent with the 

9 need to protect the national security of the 

10 United States. 

11 ‘‘(4) NO RIGHT OR BENEFIT.—The provision of 

12 information to a private-sector entity or a utility 

13 under this subsection shall not create a right or ben14 efit to similar information by such entity or such 

15 utility or any other private-sector entity or utility. 

16 ‘‘(5) RESTRICTION ON DISCLOSURE OF CYBER

17 THREAT INTELLIGENCE.—Notwithstanding any 

18 other provision of law, a certified entity receiving 

19 cyber threat intelligence pursuant to this subsection 

20 shall not further disclose such cyber threat intel21 ligence to another entity, other than to a certified 

22 entity or other appropriate agency or department of 

23 the Federal Government authorized to receive such 

24 cyber threat intelligence. 


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1 ‘‘(b) USE OF CYBERSECURITY SYSTEMS AND SHAR2 ING OF CYBER THREAT INFORMATION.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) CYBERSECURITY PROVIDERS.—Not5 withstanding any other provision of law, a cy6 bersecurity provider, with the express consent 

7 of a protected entity for which such cybersecu8 rity provider is providing goods or services for 

9 cybersecurity purposes, may, for cybersecurity 

10 purposes— 

11 ‘‘(i) use cybersecurity systems to iden12 tify and obtain cyber threat information to 

13 protect the rights and property of such 

14 protected entity; and 

15 ‘‘(ii) share such cyber threat informa16 tion with any other entity designated by 

17 such protected entity, including, if specifi18 cally designated, the entities of the Depart19 ment of Homeland Security and the De20 partment of Justice designated under 

21 paragraphs (1) and (2) of section 2(b) of 

22 the Cyber Intelligence Sharing and Protec23 tion Act. 

24 ‘‘(B) SELF-PROTECTED ENTITIES.—Not25 withstanding any other provision of law, a selfVerDate Mar 15 2010 01:12 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H624.RFS H624

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1 protected entity may, for cybersecurity pur2 poses— 

3 ‘‘(i) use cybersecurity systems to iden4 tify and obtain cyber threat information to 

5 protect the rights and property of such 

6 self-protected entity; and 

7 ‘‘(ii) share such cyber threat informa8 tion with any other entity, including the 

9 entities of the Department of Homeland 

10 Security and the Department of Justice 

11 designated under paragraphs (1) and (2) 

12 of section 2(b) of the Cyber Intelligence 

13 Sharing and Protection Act. 

14 ‘‘(2) USE AND PROTECTION OF INFORMA15 TION.—Cyber threat information shared in accord16 ance with paragraph (1)— 

17 ‘‘(A) shall only be shared in accordance 

18 with any restrictions placed on the sharing of 

19 such information by the protected entity or self20 protected entity authorizing such sharing, in21 cluding appropriate anonymization or minimiza22 tion of such information and excluding limiting 

23 a department or agency of the Federal Govern24 ment from sharing such information with anVerDate Mar 15 2010 01:12 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H624.RFS H624

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1 other department or agency of the Federal Gov2 ernment in accordance with this section; 

3 ‘‘(B) may not be used by an entity to gain 

4 an unfair competitive advantage to the det5 riment of the protected entity or the self-pro6 tected entity authorizing the sharing of infor7 mation; 

8 ‘‘(C) may only be used by a non-Federal 

9 recipient of such information for a cybersecurity 

10 purpose; 

11 ‘‘(D) if shared with the Federal Govern12 ment— 

13 ‘‘(i) shall be exempt from disclosure 

14 under section 552 of title 5, United States 

15 Code (commonly known as the ‘Freedom of 

16 Information Act’); 

17 ‘‘(ii) shall be considered proprietary 

18 information and shall not be disclosed to 

19 an entity outside of the Federal Govern20 ment except as authorized by the entity 

21 sharing such information; 

22 ‘‘(iii) shall not be used by the Federal 

23 Government for regulatory purposes; 


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1 ‘‘(iv) shall not be provided to another 

2 department or agency of the Federal Gov3 ernment under paragraph (2)(A) if— 

4 ‘‘(I) the entity providing such in5 formation determines that the provi6 sion of such information will under7 mine the purpose for which such in8 formation is shared; or 

9 ‘‘(II) unless otherwise directed by 

10 the President, the head of the depart11 ment or agency of the Federal Gov12 ernment receiving such cyber threat 

13 information determines that the provi14 sion of such information will under15 mine the purpose for which such in16 formation is shared; and 

17 ‘‘(v) shall be handled by the Federal 

18 Government consistent with the need to 

19 protect sources and methods and the na20 tional security of the United States; and 

21 ‘‘(E) shall be exempt from disclosure under 

22 a law or regulation of a State, political subdivi23 sion of a State, or a tribe that requires public 

24 disclosure of information by a public or quasi25 public entity. 


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1 ‘‘(3) EXEMPTION FROM LIABILITY.— 

2 ‘‘(A) EXEMPTION.—No civil or criminal 

3 cause of action shall lie or be maintained in 

4 Federal or State court against a protected enti5 ty, self-protected entity, cybersecurity provider, 

6 or an officer, employee, or agent of a protected 

7 entity, self-protected entity, or cybersecurity 

8 provider, acting in good faith— 

9 ‘‘(i) for using cybersecurity systems to 

10 identify or obtain cyber threat information 

11 or for sharing such information in accord12 ance with this section; or 

13 ‘‘(ii) for decisions made for cybersecu14 rity purposes and based on cyber threat in15 formation identified, obtained, or shared 

16 under this section. 

17 ‘‘(B) LACK OF GOOD FAITH.—For pur18 poses of the exemption from liability under sub19 paragraph (A), a lack of good faith includes 

20 any act or omission taken with intent to injure, 

21 defraud, or otherwise endanger any individual, 

22 government entity, private entity, or utility. 

23 ‘‘(4) RELATIONSHIP TO OTHER LAWS REQUIR24 ING THE DISCLOSURE OF INFORMATION.—The subVerDate Mar 15 2010 01:12 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H624.RFS H624

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1 mission of information under this subsection to the 

2 Federal Government shall not satisfy or affect— 

3 ‘‘(A) any requirement under any other pro4 vision of law for a person or entity to provide 

5 information to the Federal Government; or 

6 ‘‘(B) the applicability of other provisions of 

7 law, including section 552 of title 5, United 

8 States Code (commonly known as the ‘Freedom 

9 of Information Act’), with respect to informa10 tion required to be provided to the Federal Gov11 ernment under such other provision of law. 

12 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection shall be construed to provide new au14 thority to— 

15 ‘‘(A) a cybersecurity provider to use a cy16 bersecurity system to identify or obtain cyber 

17 threat information from a system or network 

18 other than a system or network owned or oper19 ated by a protected entity for which such cyber20 security provider is providing goods or services 

21 for cybersecurity purposes; or 

22 ‘‘(B) a self-protected entity to use a cyber23 security system to identify or obtain cyber 

24 threat information from a system or network 


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1 other than a system or network owned or oper2 ated by such self-protected entity. 

3 ‘‘(c) FEDERAL GOVERNMENT USE OF INFORMA4 TION.— 

5 ‘‘(1) LIMITATION.—The Federal Government 

6 may use cyber threat information shared with the 

7 Federal Government in accordance with subsection 

8 (b)— 

9 ‘‘(A) for cybersecurity purposes; 

10 ‘‘(B) for the investigation and prosecution 

11 of cybersecurity crimes; 

12 ‘‘(C) for the protection of individuals from 

13 the danger of death or serious bodily harm and 

14 the investigation and prosecution of crimes in15 volving such danger of death or serious bodily 

16 harm; or 

17 ‘‘(D) for the protection of minors from 

18 child pornography, any risk of sexual exploi19 tation, and serious threats to the physical safe20 ty of minors, including kidnapping and traf21 ficking and the investigation and prosecution of 

22 crimes involving child pornography, any risk of 

23 sexual exploitation, and serious threats to the 

24 physical safety of minors, including kidnapping 

25 and trafficking, and any crime referred to in 


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1 section 2258A(a)(2) of title 18, United States 

2 Code. 

3 ‘‘(2) AFFIRMATIVE SEARCH RESTRICTION.— 

4 The Federal Government may not affirmatively 

5 search cyber threat information shared with the 

6 Federal Government under subsection (b) for a pur7 pose other than a purpose referred to in paragraph 

8 (1). 

9 ‘‘(3) ANTI-TASKING RESTRICTION.—Nothing in 

10 this section shall be construed to permit the Federal 

11 Government to— 

12 ‘‘(A) require a private-sector entity or util13 ity to share information with the Federal Gov14 ernment; or 

15 ‘‘(B) condition the sharing of cyber threat 

16 intelligence with a private-sector entity or util17 ity on the provision of cyber threat information 

18 to the Federal Government. 

19 ‘‘(4) PROTECTION OF SENSITIVE PERSONAL

20 DOCUMENTS.—The Federal Government may not 

21 use the following information, containing informa22 tion that identifies a person, shared with the Federal 

23 Government in accordance with subsection (b): 

24 ‘‘(A) Library circulation records. 

25 ‘‘(B) Library patron lists. 


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1 ‘‘(C) Book sales records. 

2 ‘‘(D) Book customer lists. 

3 ‘‘(E) Firearms sales records. 

4 ‘‘(F) Tax return records. 

5 ‘‘(G) Educational records. 

6 ‘‘(H) Medical records. 

7 ‘‘(5) NOTIFICATION OF NON-CYBER THREAT IN8 FORMATION.—If a department or agency of the Fed9 eral Government receiving information pursuant to 

10 subsection (b)(1) determines that such information 

11 is not cyber threat information, such department or 

12 agency shall notify the entity or provider sharing 

13 such information pursuant to subsection (b)(1). 

14 ‘‘(6) RETENTION AND USE OF CYBER THREAT

15 INFORMATION.—No department or agency of the 

16 Federal Government shall retain or use information 

17 shared pursuant to subsection (b)(1) for any use 

18 other than a use permitted under subsection (c)(1). 

19 ‘‘(d) FEDERAL GOVERNMENT LIABILITY FOR VIOLA20 TIONS OF RESTRICTIONS ON THE DISCLOSURE, USE, AND

21 PROTECTION OF VOLUNTARILY SHARED INFORMATION.— 

22 ‘‘(1) IN GENERAL.—If a department or agency 

23 of the Federal Government intentionally or willfully 

24 violates subsection (b)(3)(D) or subsection (c) with 

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1 tarily shared cyber threat information shared under 

2 this section, the United States shall be liable to a 

3 person adversely affected by such violation in an 

4 amount equal to the sum of— 

5 ‘‘(A) the actual damages sustained by the 

6 person as a result of the violation or $1,000, 

7 whichever is greater; and 

8 ‘‘(B) the costs of the action together with 

9 reasonable attorney fees as determined by the 

10 court. 

11 ‘‘(2) VENUE.—An action to enforce liability cre12 ated under this subsection may be brought in the 

13 district court of the United States in— 

14 ‘‘(A) the district in which the complainant 

15 resides; 

16 ‘‘(B) the district in which the principal 

17 place of business of the complainant is located; 

18 ‘‘(C) the district in which the department 

19 or agency of the Federal Government that dis20 closed the information is located; or 

21 ‘‘(D) the District of Columbia. 

22 ‘‘(3) STATUTE OF LIMITATIONS.—No action 

23 shall lie under this subsection unless such action is 

24 commenced not later than two years after the date 


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1 of the violation of subsection (b)(3)(D) or subsection 

2 (c) that is the basis for the action. 

3 ‘‘(4) EXCLUSIVE CAUSE OF ACTION.—A cause 

4 of action under this subsection shall be the exclusive 

5 means available to a complainant seeking a remedy 

6 for a violation of subsection (b)(3)(D) or subsection 

7 (c). 

8 ‘‘(e) FEDERAL PREEMPTION.—This section super9 sedes any statute of a State or political subdivision of a 

10 State that restricts or otherwise expressly regulates an ac11 tivity authorized under subsection (b). 

12 ‘‘(f) SAVINGS CLAUSES.— 

13 ‘‘(1) EXISTING AUTHORITIES.—Nothing in this 

14 section shall be construed to limit any other author15 ity to use a cybersecurity system or to identify, ob16 tain, or share cyber threat intelligence or cyber 

17 threat information. 

18 ‘‘(2) LIMITATION ON MILITARY AND INTEL19 LIGENCE COMMUNITY INVOLVEMENT IN PRIVATE

20 AND PUBLIC SECTOR CYBERSECURITY EFFORTS.— 

21 Nothing in this section shall be construed to provide 

22 additional authority to, or modify an existing au23 thority of, the Department of Defense or the Na24 tional Security Agency or any other element of the 

25 intelligence community to control, modify, require, 


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1 or otherwise direct the cybersecurity efforts of a pri2 vate-sector entity or a component of the Federal 

3 Government or a State, local, or tribal government. 

4 ‘‘(3) INFORMATION SHARING RELATIONSHIPS.— 

5 Nothing in this section shall be construed to— 

6 ‘‘(A) limit or modify an existing informa7 tion sharing relationship; 

8 ‘‘(B) prohibit a new information sharing 

9 relationship; 

10 ‘‘(C) require a new information sharing re11 lationship between the Federal Government and 

12 a private-sector entity or utility; 

13 ‘‘(D) modify the authority of a department 

14 or agency of the Federal Government to protect 

15 sources and methods and the national security 

16 of the United States; or 

17 ‘‘(E) preclude the Federal Government 

18 from requiring an entity to report significant 

19 cyber incidents if authorized or required to do 

20 so under another provision of law. 

21 ‘‘(4) LIMITATION ON FEDERAL GOVERNMENT

22 USE OF CYBERSECURITY SYSTEMS.—Nothing in this 

23 section shall be construed to provide additional au24 thority to, or modify an existing authority of, any 

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1 trolled by the Federal Government on a private-sec2 tor system or network to protect such private-sector 

3 system or network. 

4 ‘‘(5) NO LIABILITY FOR NON-PARTICIPATION.— 

5 Nothing in this section shall be construed to subject 

6 a protected entity, self-protected entity, cyber secu7 rity provider, or an officer, employee, or agent of a 

8 protected entity, self-protected entity, or cybersecu9 rity provider, to liability for choosing not to engage 

10 in the voluntary activities authorized under this sec11 tion. 

12 ‘‘(6) USE AND RETENTION OF INFORMATION.— 

13 Nothing in this section shall be construed to author14 ize, or to modify any existing authority of, a depart15 ment or agency of the Federal Government to retain 

16 or use information shared pursuant to subsection 

17 (b)(1) for any use other than a use permitted under 

18 subsection (c)(1). 

19 ‘‘(7) LIMITATION ON SURVEILLANCE.—Nothing 

20 in this section shall be construed to authorize the 

21 Department of Defense or the National Security 

22 Agency or any other element of the intelligence com23 munity to target a United States person for surveil24 lance. 

25 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) AVAILABILITY.—The term ‘availability’ 

2 means ensuring timely and reliable access to and use 

3 of information. 

4 ‘‘(2) CERTIFIED ENTITY.—The term ‘certified 

5 entity’ means a protected entity, self-protected enti6 ty, or cybersecurity provider that— 

7 ‘‘(A) possesses or is eligible to obtain a se8 curity clearance, as determined by the Director 

9 of National Intelligence; and 

10 ‘‘(B) is able to demonstrate to the Director 

11 of National Intelligence that such provider or 

12 such entity can appropriately protect classified 

13 cyber threat intelligence. 

14 ‘‘(3) CONFIDENTIALITY.—The term ‘confiden15 tiality’ means preserving authorized restrictions on 

16 access and disclosure, including means for protecting 

17 personal privacy and proprietary information. 

18 ‘‘(4) CYBER THREAT INFORMATION.— 

19 ‘‘(A) IN GENERAL.—The term ‘cyber 

20 threat information’ means information directly 

21 pertaining to— 

22 ‘‘(i) a vulnerability of a system or net23 work of a government or private entity or 

24 utility; 


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1 ‘‘(ii) a threat to the integrity, con2 fidentiality, or availability of a system or 

3 network of a government or private entity 

4 or utility or any information stored on, 

5 processed on, or transiting such a system 

6 or network; 

7 ‘‘(iii) efforts to deny access to or de8 grade, disrupt, or destroy a system or net9 work of a government or private entity or 

10 utility; or 

11 ‘‘(iv) efforts to gain unauthorized ac12 cess to a system or network of a govern13 ment or private entity or utility, including 

14 to gain such unauthorized access for the 

15 purpose of exfiltrating information stored 

16 on, processed on, or transiting a system or 

17 network of a government or private entity 

18 or utility. 

19 ‘‘(B) EXCLUSION.—Such term does not in20 clude information pertaining to efforts to gain 

21 unauthorized access to a system or network of 

22 a government or private entity or utility that 

23 solely involve violations of consumer terms of 

24 service or consumer licensing agreements and 

25 do not otherwise constitute unauthorized access. 


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1 ‘‘(5) CYBER THREAT INTELLIGENCE.— 

2 ‘‘(A) IN GENERAL.—The term ‘cyber 

3 threat intelligence’ means intelligence in the 

4 possession of an element of the intelligence 

5 community directly pertaining to— 

6 ‘‘(i) a vulnerability of a system or net7 work of a government or private entity or 

8 utility; 

9 ‘‘(ii) a threat to the integrity, con10 fidentiality, or availability of a system or 

11 network of a government or private entity 

12 or utility or any information stored on, 

13 processed on, or transiting such a system 

14 or network; 

15 ‘‘(iii) efforts to deny access to or de16 grade, disrupt, or destroy a system or net17 work of a government or private entity or 

18 utility; or 

19 ‘‘(iv) efforts to gain unauthorized ac20 cess to a system or network of a govern21 ment or private entity or utility, including 

22 to gain such unauthorized access for the 

23 purpose of exfiltrating information stored 

24 on, processed on, or transiting a system or 


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1 network of a government or private entity 

2 or utility. 

3 ‘‘(B) EXCLUSION.—Such term does not in4 clude intelligence pertaining to efforts to gain 

5 unauthorized access to a system or network of 

6 a government or private entity or utility that 

7 solely involve violations of consumer terms of 

8 service or consumer licensing agreements and 

9 do not otherwise constitute unauthorized access. 

10 ‘‘(6) CYBERSECURITY CRIME.—The term ‘cy11 bersecurity crime’ means— 

12 ‘‘(A) a crime under a Federal or State law 

13 that involves— 

14 ‘‘(i) efforts to deny access to or de15 grade, disrupt, or destroy a system or net16 work; 

17 ‘‘(ii) efforts to gain unauthorized ac18 cess to a system or network; or 

19 ‘‘(iii) efforts to exfiltrate information 

20 from a system or network without author21 ization; or 

22 ‘‘(B) the violation of a provision of Federal 

23 law relating to computer crimes, including a 

24 violation of any provision of title 18, United 

25 States Code, created or amended by the ComVerDate Mar 15 2010 01:12 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H624.RFS H624

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1 puter Fraud and Abuse Act of 1986 (Public 

2 Law 99–474). 

3 ‘‘(7) CYBERSECURITY PROVIDER.—The term 

4 ‘cybersecurity provider’ means a non-Federal entity 

5 that provides goods or services intended to be used 

6 for cybersecurity purposes. 

7 ‘‘(8) CYBERSECURITY PURPOSE.— 

8 ‘‘(A) IN GENERAL.—The term ‘cybersecu9 rity purpose’ means the purpose of ensuring the 

10 integrity, confidentiality, or availability of, or 

11 safeguarding, a system or network, including 

12 protecting a system or network from— 

13 ‘‘(i) a vulnerability of a system or net14 work; 

15 ‘‘(ii) a threat to the integrity, con16 fidentiality, or availability of a system or 

17 network or any information stored on, 

18 processed on, or transiting such a system 

19 or network; 

20 ‘‘(iii) efforts to deny access to or de21 grade, disrupt, or destroy a system or net22 work; or 

23 ‘‘(iv) efforts to gain unauthorized ac24 cess to a system or network, including to 

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1 pose of exfiltrating information stored on, 

2 processed on, or transiting a system or 

3 network. 

4 ‘‘(B) EXCLUSION.—Such term does not in5 clude the purpose of protecting a system or net6 work from efforts to gain unauthorized access 

7 to such system or network that solely involve 

8 violations of consumer terms of service or con9 sumer licensing agreements and do not other10 wise constitute unauthorized access. 

11 ‘‘(9) CYBERSECURITY SYSTEM.— 

12 ‘‘(A) IN GENERAL.—The term ‘cybersecu13 rity system’ means a system designed or em14 ployed to ensure the integrity, confidentiality, 

15 or availability of, or safeguard, a system or net16 work, including protecting a system or network 

17 from— 

18 ‘‘(i) a vulnerability of a system or net19 work; 

20 ‘‘(ii) a threat to the integrity, con21 fidentiality, or availability of a system or 

22 network or any information stored on, 

23 processed on, or transiting such a system 

24 or network; 


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1 ‘‘(iii) efforts to deny access to or de2 grade, disrupt, or destroy a system or net3 work; or 

4 ‘‘(iv) efforts to gain unauthorized ac5 cess to a system or network, including to 

6 gain such unauthorized access for the pur7 pose of exfiltrating information stored on, 

8 processed on, or transiting a system or 

9 network. 

10 ‘‘(B) EXCLUSION.—Such term does not in11 clude a system designed or employed to protect 

12 a system or network from efforts to gain unau13 thorized access to such system or network that 

14 solely involve violations of consumer terms of 

15 service or consumer licensing agreements and 

16 do not otherwise constitute unauthorized access. 

17 ‘‘(10) INTEGRITY.—The term ‘integrity’ means 

18 guarding against improper information modification 

19 or destruction, including ensuring information non20 repudiation and authenticity. 

21 ‘‘(11) PROTECTED ENTITY.—The term ‘pro22 tected entity’ means an entity, other than an indi23 vidual, that contracts with a cybersecurity provider 

24 for goods or services to be used for cybersecurity 

25 purposes. 


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1 ‘‘(12) SELF-PROTECTED ENTITY.—The term 

2 ‘self-protected entity’ means an entity, other than an 

3 individual, that provides goods or services for cyber4 security purposes to itself. 

5 ‘‘(13) UTILITY.—The term ‘utility’ means an 

6 entity providing essential services (other than law 

7 enforcement or regulatory services), including elec8 tricity, natural gas, propane, telecommunications, 

9 transportation, water, or wastewater services.’’. 

10 (b) PROCEDURES AND GUIDELINES.—The Director 

11 of National Intelligence shall— 

12 (1) not later than 60 days after the date of the 

13 enactment of this Act, establish procedures under 

14 paragraph (1) of section 1104(a) of the National Se15 curity Act of 1947, as added by subsection (a) of 

16 this section, and issue guidelines under paragraph 

17 (3) of such section 1104(a); 

18 (2) in establishing such procedures and issuing 

19 such guidelines, consult with the Secretary of Home20 land Security to ensure that such procedures and 

21 such guidelines permit the owners and operators of 

22 critical infrastructure to receive all appropriate cyber 

23 threat intelligence (as defined in section 1104(h)(5) 

24 of such Act, as added by subsection (a)) in the pos25 session of the Federal Government; and 


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1 (3) following the establishment of such proce2 dures and the issuance of such guidelines, expedi3 tiously distribute such procedures and such guide4 lines to appropriate departments and agencies of the 

5 Federal Government, private-sector entities, and 

6 utilities (as defined in section 1104(h)(13) of such 

7 Act, as added by subsection (a)). 

8 (c) PRIVACY AND CIVIL LIBERTIES POLICIES AND

9 PROCEDURES.—Not later than 60 days after the date of 

10 the enactment of this Act, the Director of National Intel11 ligence, in consultation with the Secretary of Homeland 

12 Security and the Attorney General, shall establish the poli13 cies and procedures required under section 1104(c)(7)(A) 

14 of the National Security Act of 1947, as added by sub15 section (a) of this section. 

16 (d) INITIAL REPORTS.—The first reports required to 

17 be submitted under paragraphs (1) and (2) of subsection 

18 (e) of section 1104 of the National Security Act of 1947, 

19 as added by subsection (a) of this section, shall be sub20 mitted not later than 1 year after the date of the enact21 ment of this Act. 

22 (e) TABLE OF CONTENTS AMENDMENT.—The table 

23 of contents in the first section of the National Security 

24 Act of 1947 is amended by adding at the end the following 

25 new item: 

‘‘Sec. 1104. Cyber threat intelligence and information sharing.’’. 


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1 SEC. 4. SUNSET. 

2 Effective on the date that is 5 years after the date 

3 of the enactment of this Act— 

4 (1) section 1104 of the National Security Act of 

5 1947, as added by section 2(a) of this Act, is re6 pealed; and 

7 (2) the table of contents in the first section of 

8 the National Security Act of 1947, as amended by 

9 section 2(d) of this Act, is amended by striking the 

10 item relating to section 1104, as added by such sec11 tion 2(d). 

12 SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL CO13 OPERATION. 

14 It is the sense of Congress that international coopera15 tion with regard to cybersecurity should be encouraged 

16 wherever possible under this Act and the amendments 

17 made by this Act. 

18 SEC. 6. RULE OF CONSTRUCTION RELATING TO CONSUMER 

19 DATA. 

20 Nothing in this Act or the amendments made by this 

21 Act shall be construed to provide new or alter any existing 

22 authority for an entity to sell personal information of a 

23 consumer to another entity for marketing purposes. 


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1 SEC. 7. SAVINGS CLAUSE WITH REGARD TO CYBERSECU2 RITY PROVIDER OBLIGATION TO REPORT 

3 CYBER THREAT INCIDENT INFORMATION TO 

4 FEDERAL GOVERNMENT. 

5 Nothing in this Act or the amendments made by this 

6 Act shall be construed to provide authority to a depart7 ment or agency of the Federal Government to require a 

8 cybersecurity provider that has contracted with the Fed9 eral Government to provide information services to provide 

10 information about cybersecurity incidents that do not pose 

11 a threat to the Federal Government’s information. 

Passed the House of Representatives April 18, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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