II 

Calendar No. 28 

114TH CONGRESS 

1ST SESSION S. 754 

To improve cybersecurity in the United States through enhanced sharing 

of information about cybersecurity threats, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2015 

Mr. BURR, from the Select Committee on Intelligence, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To improve cybersecurity in the United States through enhanced sharing of information about cybersecurity 

threats, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Cybersecurity Information Sharing Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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Sec. 3. Sharing of information by the Federal Government. 

Sec. 4. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats. 

Sec. 5. Sharing of cyber threat indicators and defensive measures with the Federal Government. 

Sec. 6. Protection from liability. 

Sec. 7. Oversight of Government activities. 

Sec. 8. Construction and preemption. 

Sec. 9. Report on cybersecurity threats. 

Sec. 10. Conforming amendments. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AGENCY.—The term ‘‘agency’’ has the 

4 meaning given the term in section 3502 of title 44, 

5 United States Code. 

6 (2) ANTITRUST LAWS.—The term ‘‘antitrust 

7 laws’’— 

8 (A) has the meaning given the term in sec9 tion 1 of the Clayton Act (15 U.S.C. 12); 

10 (B) includes section 5 of the Federal 

11 Trade Commission Act (15 U.S.C. 45) to the 

12 extent that section 5 of that Act applies to un13 fair methods of competition; and 

14 (C) includes any State law that has the 

15 same intent and effect as the laws under sub16 paragraphs (A) and (B). 

17 (3) APPROPRIATE FEDERAL ENTITIES.—The 

18 term ‘‘appropriate Federal entities’’ means the fol19 lowing: 

20 (A) The Department of Commerce. 

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1 (B) The Department of Defense. 

2 (C) The Department of Energy. 

3 (D) The Department of Homeland Secu4 rity. 

5 (E) The Department of Justice. 

6 (F) The Department of the Treasury. 

7 (G) The Office of the Director of National 

8 Intelligence. 

9 (4) CYBERSECURITY PURPOSE.—The term ‘‘cy10 bersecurity purpose’’ means the purpose of pro11 tecting an information system or information that is 

12 stored on, processed by, or transiting an information 

13 system from a cybersecurity threat or security vul14 nerability. 

15 (5) CYBERSECURITY THREAT.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the term ‘‘cybersecurity 

18 threat’’ means an action, not protected by the 

19 First Amendment to the Constitution of the 

20 United States, on or through an information 

21 system that may result in an unauthorized ef22 fort to adversely impact the security, avail23 ability, confidentiality, or integrity of an infor24 mation system or information that is stored on, 

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1 processed by, or transiting an information sys2 tem. 

3 (B) EXCLUSION.—The term ‘‘cybersecurity 

4 threat’’ does not include any action that solely 

5 involves a violation of a consumer term of serv6 ice or a consumer licensing agreement. 

7 (6) CYBER THREAT INDICATOR.—The term 

8 ‘‘cyber threat indicator’’ means information that is 

9 necessary to describe or identify— 

10 (A) malicious reconnaissance, including 

11 anomalous patterns of communications that ap12 pear to be transmitted for the purpose of gath13 ering technical information related to a cyberse14 curity threat or security vulnerability; 

15 (B) a method of defeating a security con16 trol or exploitation of a security vulnerability; 

17 (C) a security vulnerability, including 

18 anomalous activity that appears to indicate the 

19 existence of a security vulnerability; 

20 (D) a method of causing a user with legiti21 mate access to an information system or infor22 mation that is stored on, processed by, or 

23 transiting an information system to unwittingly 

24 enable the defeat of a security control or exploi25 tation of a security vulnerability; 

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1 (E) malicious cyber command and control; 

2 (F) the actual or potential harm caused by 

3 an incident, including a description of the infor4 mation exfiltrated as a result of a particular cy5 bersecurity threat; 

6 (G) any other attribute of a cybersecurity 

7 threat, if disclosure of such attribute is not oth8 erwise prohibited by law; or 

9 (H) any combination thereof. 

10 (7) DEFENSIVE MEASURE.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the term ‘‘defensive meas13 ure’’ means an action, device, procedure, signa14 ture, technique, or other measure applied to an 

15 information system or information that is 

16 stored on, processed by, or transiting an infor17 mation system that detects, prevents, or miti18 gates a known or suspected cybersecurity threat 

19 or security vulnerability. 

20 (B) EXCLUSION.—The term ‘‘defensive 

21 measure’’ does not include a measure that de22 stroys, renders unusable, or substantially harms 

23 an information system or data on an informa24 tion system not belonging to— 

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1 (i) the private entity operating the 

2 measure; or 

3 (ii) another entity or Federal entity 

4 that is authorized to provide consent and 

5 has provided consent to that private entity 

6 for operation of such measure. 

7 (8) ENTITY.— 

8 (A) IN GENERAL.—Except as otherwise 

9 provided in this paragraph, the term ‘‘entity’’ 

10 means any private entity, non-Federal govern11 ment agency or department, or State, tribal, or 

12 local government (including a political subdivi13 sion, department, or component thereof). 

14 (B) INCLUSIONS.—The term ‘‘entity’’ in15 cludes a government agency or department of 

16 the District of Columbia, the Commonwealth of 

17 Puerto Rico, the Virgin Islands, Guam, Amer18 ican Samoa, the Northern Mariana Islands, and 

19 any other territory or possession of the United 

20 States. 

21 (C) EXCLUSION.—The term ‘‘entity’’ does 

22 not include a foreign power as defined in sec23 tion 101 of the Foreign Intelligence Surveil24 lance Act of 1978 (50 U.S.C. 1801). 

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1 (9) FEDERAL ENTITY.—The term ‘‘Federal en2 tity’’ means a department or agency of the United 

3 States or any component of such department or 

4 agency. 

5 (10) INFORMATION SYSTEM.—The term ‘‘infor6 mation system’’— 

7 (A) has the meaning given the term in sec8 tion 3502 of title 44, United States Code; and 

9 (B) includes industrial control systems, 

10 such as supervisory control and data acquisition 

11 systems, distributed control systems, and pro12 grammable logic controllers. 

13 (11) LOCAL GOVERNMENT.—The term ‘‘local 

14 government’’ means any borough, city, county, par15 ish, town, township, village, or other political sub16 division of a State. 

17 (12) MALICIOUS CYBER COMMAND AND CON18 TROL.—The term ‘‘malicious cyber command and 

19 control’’ means a method for unauthorized remote 

20 identification of, access to, or use of, an information 

21 system or information that is stored on, processed 

22 by, or transiting an information system. 

23 (13) MALICIOUS RECONNAISSANCE.—The term 

24 ‘‘malicious reconnaissance’’ means a method for ac25 tively probing or passively monitoring an information 

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1 system for the purpose of discerning security 

2 vulnerabilities of the information system, if such 

3 method is associated with a known or suspected cy4 bersecurity threat. 

5 (14) MONITOR.—The term ‘‘monitor’’ means to 

6 acquire, identify, or scan, or to possess, information 

7 that is stored on, processed by, or transiting an in8 formation system. 

9 (15) PRIVATE ENTITY.— 

10 (A) IN GENERAL.—Except as otherwise 

11 provided in this paragraph, the term ‘‘private 

12 entity’’ means any person or private group, or13 ganization, proprietorship, partnership, trust, 

14 cooperative, corporation, or other commercial or 

15 nonprofit entity, including an officer, employee, 

16 or agent thereof. 

17 (B) INCLUSION.—The term ‘‘private enti18 ty’’ includes a State, tribal, or local government 

19 performing electric utility services. 

20 (C) EXCLUSION.—The term ‘‘private enti21 ty’’ does not include a foreign power as defined 

22 in section 101 of the Foreign Intelligence Sur23 veillance Act of 1978 (50 U.S.C. 1801). 

24 (16) SECURITY CONTROL.—The term ‘‘security 

25 control’’ means the management, operational, and 

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1 technical controls used to protect against an unau2 thorized effort to adversely affect the confidentiality, 

3 integrity, and availability of an information system 

4 or its information. 

5 (17) SECURITY VULNERABILITY.—The term 

6 ‘‘security vulnerability’’ means any attribute of hard7 ware, software, process, or procedure that could en8 able or facilitate the defeat of a security control. 

9 (18) TRIBAL.—The term ‘‘tribal’’ has the 

10 meaning given the term ‘‘Indian tribe’’ in section 4 

11 of the Indian Self-Determination and Education As12 sistance Act (25 U.S.C. 450b). 

13 SEC. 3. SHARING OF INFORMATION BY THE FEDERAL GOV14 ERNMENT. 

15 (a) IN GENERAL.—Consistent with the protection of 

16 classified information, intelligence sources and methods, 

17 and privacy and civil liberties, the Director of National 

18 Intelligence, the Secretary of Homeland Security, the Sec19 retary of Defense, and the Attorney General, in consulta20 tion with the heads of the appropriate Federal entities, 

21 shall develop and promulgate procedures to facilitate and 

22 promote— 

23 (1) the timely sharing of classified cyber threat 

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1 ment with cleared representatives of relevant enti2 ties; 

3 (2) the timely sharing with relevant entities of 

4 cyber threat indicators or information in the posses5 sion of the Federal Government that may be declas6 sified and shared at an unclassified level; 

7 (3) the sharing with relevant entities, or the 

8 public if appropriate, of unclassified, including con9 trolled unclassified, cyber threat indicators in the 

10 possession of the Federal Government; and 

11 (4) the sharing with entities, if appropriate, of 

12 information in the possession of the Federal Govern13 ment about cybersecurity threats to such entities to 

14 prevent or mitigate adverse effects from such cyber15 security threats. 

16 (b) DEVELOPMENT OF PROCEDURES.— 

17 (1) IN GENERAL.—The procedures developed 

18 and promulgated under subsection (a) shall— 

19 (A) ensure the Federal Government has 

20 and maintains the capability to share cyber 

21 threat indicators in real time consistent with 

22 the protection of classified information; 

23 (B) incorporate, to the greatest extent 

24 practicable, existing processes and existing roles 

25 and responsibilities of Federal and non-Federal 

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1 entities for information sharing by the Federal 

2 Government, including sector specific informa3 tion sharing and analysis centers; 

4 (C) include procedures for notifying enti5 ties that have received a cyber threat indicator 

6 from a Federal entity under this Act that is 

7 known or determined to be in error or in con8 travention of the requirements of this Act or 

9 another provision of Federal law or policy of 

10 such error or contravention; 

11 (D) include requirements for Federal enti12 ties receiving cyber threat indicators or defen13 sive measures to implement and utilize security 

14 controls to protect against unauthorized access 

15 to or acquisition of such cyber threat indicators 

16 or defensive measures; and 

17 (E) include procedures that require a Fed18 eral entity, prior to the sharing of a cyber 

19 threat indicator— 

20 (i) to review such cyber threat indi21 cator to assess whether such cyber threat 

22 indicator contains any information that 

23 such Federal entity knows at the time of 

24 sharing to be personal information of or 

25 identifying a specific person not directly 

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1 related to a cybersecurity threat and re2 move such information; or 

3 (ii) to implement and utilize a tech4 nical capability configured to remove any 

5 personal information of or identifying a 

6 specific person not directly related to a cy7 bersecurity threat. 

8 (2) COORDINATION.—In developing the proce9 dures required under this section, the Director of 

10 National Intelligence, the Secretary of Homeland Se11 curity, the Secretary of Defense, and the Attorney 

12 General shall coordinate with appropriate Federal 

13 entities, including the National Laboratories (as de14 fined in section 2 of the Energy Policy Act of 2005 

15 (42 U.S.C. 15801)), to ensure that effective proto16 cols are implemented that will facilitate and promote 

17 the sharing of cyber threat indicators by the Federal 

18 Government in a timely manner. 

19 (c) SUBMITTAL TO CONGRESS.—Not later than 60 

20 days after the date of the enactment of this Act, the Direc21 tor of National Intelligence, in consultation with the heads 

22 of the appropriate Federal entities, shall submit to Con23 gress the procedures required by subsection (a). 

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1 SEC. 4. AUTHORIZATIONS FOR PREVENTING, DETECTING, 

2 ANALYZING, AND MITIGATING CYBERSECU3 RITY THREATS. 

4 (a) AUTHORIZATION FOR MONITORING.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, a private entity may, for cybersecu7 rity purposes, monitor— 

8 (A) an information system of such private 

9 entity; 

10 (B) an information system of another enti11 ty, upon the authorization and written consent 

12 of such other entity; 

13 (C) an information system of a Federal en14 tity, upon the authorization and written consent 

15 of an authorized representative of the Federal 

16 entity; and 

17 (D) information that is stored on, proc18 essed by, or transiting an information system 

19 monitored by the private entity under this para20 graph. 

21 (2) CONSTRUCTION.—Nothing in this sub22 section shall be construed— 

23 (A) to authorize the monitoring of an in24 formation system, or the use of any information 

25 obtained through such monitoring, other than 

26 as provided in this Act; or 

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1 (B) to limit otherwise lawful activity. 

2 (b) AUTHORIZATION FOR OPERATION OF DEFENSIVE

3 MEASURES.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, a private entity may, for cybersecu6 rity purposes, operate a defensive measure that is 

7 applied to— 

8 (A) an information system of such private 

9 entity in order to protect the rights or property 

10 of the private entity; 

11 (B) an information system of another enti12 ty upon written consent of such entity for oper13 ation of such defensive measure to protect the 

14 rights or property of such entity; and 

15 (C) an information system of a Federal en16 tity upon written consent of an authorized rep17 resentative of such Federal entity for operation 

18 of such defensive measure to protect the rights 

19 or property of the Federal Government. 

20 (2) CONSTRUCTION.—Nothing in this sub21 section shall be construed— 

22 (A) to authorize the use of a defensive 

23 measure other than as provided in this sub24 section; or 

25 (B) to limit otherwise lawful activity. 

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1 (c) AUTHORIZATION FOR SHARING OR RECEIVING

2 CYBER THREAT INDICATORS OR DEFENSIVE MEAS3 URES.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2) and notwithstanding any other provision 

6 of law, an entity may, for the purposes permitted 

7 under this Act and consistent with the protection of 

8 classified information, share with, or receive from, 

9 any other entity or the Federal Government a cyber 

10 threat indicator or defensive measure. 

11 (2) LAWFUL RESTRICTION.—An entity receiving 

12 a cyber threat indicator or defensive measure from 

13 another entity or Federal entity shall comply with 

14 otherwise lawful restrictions placed on the sharing or 

15 use of such cyber threat indicator or defensive meas16 ure by the sharing entity or Federal entity. 

17 (3) CONSTRUCTION.—Nothing in this sub18 section shall be construed— 

19 (A) to authorize the sharing or receiving of 

20 a cyber threat indicator or defensive measure 

21 other than as provided in this subsection; or 

22 (B) to limit otherwise lawful activity. 

23 (d) PROTECTION AND USE OF INFORMATION.— 

24 (1) SECURITY OF INFORMATION.—An entity 

25 monitoring an information system, operating a demstockstill on DSK4VPTVN1PROD with BILLS

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1 fensive measure, or providing or receiving a cyber 

2 threat indicator or defensive measure under this sec3 tion shall implement and utilize a security control to 

4 protect against unauthorized access to or acquisition 

5 of such cyber threat indicator or defensive measure. 

6 (2) REMOVAL OF CERTAIN PERSONAL INFORMA7 TION.—An entity sharing a cyber threat indicator 

8 pursuant to this Act shall, prior to such sharing— 

9 (A) review such cyber threat indicator to 

10 assess whether such cyber threat indicator con11 tains any information that the entity knows at 

12 the time of sharing to be personal information 

13 of or identifying a specific person not directly 

14 related to a cybersecurity threat and remove 

15 such information; or 

16 (B) implement and utilize a technical capa17 bility configured to remove any information 

18 contained within such indicator that the entity 

19 knows at the time of sharing to be personal in20 formation of or identifying a specific person not 

21 directly related to a cybersecurity threat. 

22 (3) USE OF CYBER THREAT INDICATORS AND

23 DEFENSIVE MEASURES BY ENTITIES.— 

24 (A) IN GENERAL.—Consistent with this 

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1 ure shared or received under this section may, 

2 for cybersecurity purposes— 

3 (i) be used by an entity to monitor or 

4 operate a defensive measure on— 

5 (I) an information system of the 

6 entity; or 

7 (II) an information system of an8 other entity or a Federal entity upon 

9 the written consent of that other enti10 ty or that Federal entity; and 

11 (ii) be otherwise used, retained, and 

12 further shared by an entity subject to— 

13 (I) an otherwise lawful restriction 

14 placed by the sharing entity or Fed15 eral entity on such cyber threat indi16 cator or defensive measure; or 

17 (II) an otherwise applicable pro18 vision of law. 

19 (B) CONSTRUCTION.—Nothing in this 

20 paragraph shall be construed to authorize the 

21 use of a cyber threat indicator or defensive 

22 measure other than as provided in this section. 

23 (4) USE OF CYBER THREAT INDICATORS BY

24 STATE, TRIBAL, OR LOCAL GOVERNMENT.— 

25 (A) LAW ENFORCEMENT USE.— 

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1 (i) PRIOR WRITTEN CONSENT.—Ex2 cept as provided in clause (ii), a cyber 

3 threat indicator shared with a State, tribal, 

4 or local government under this section 

5 may, with the prior written consent of the 

6 entity sharing such indicator, be used by a 

7 State, tribal, or local government for the 

8 purpose of preventing, investigating, or 

9 prosecuting any of the offenses described 

10 in section 5(d)(5)(A)(vi). 

11 (ii) ORAL CONSENT.—If exigent cir12 cumstances prevent obtaining written con13 sent under clause (i), such consent may be 

14 provided orally with subsequent docu15 mentation of the consent. 

16 (B) EXEMPTION FROM DISCLOSURE.—A 

17 cyber threat indicator shared with a State, trib18 al, or local government under this section shall 

19 be— 

20 (i) deemed voluntarily shared informa21 tion; and 

22 (ii) exempt from disclosure under any 

23 State, tribal, or local law requiring disclo24 sure of information or records. 

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1 (C) STATE, TRIBAL, AND LOCAL REGU2 LATORY AUTHORITY.— 

3 (i) IN GENERAL.—Except as provided 

4 in clause (ii), a cyber threat indicator or 

5 defensive measure shared with a State, 

6 tribal, or local government under this Act 

7 shall not be directly used by any State, 

8 tribal, or local government to regulate, in9 cluding an enforcement action, the lawful 

10 activity of any entity, including an activity 

11 relating to monitoring, operating a defen12 sive measure, or sharing of a cyber threat 

13 indicator. 

14 (ii) REGULATORY AUTHORITY SPE15 CIFICALLY RELATING TO PREVENTION OR

16 MITIGATION OF CYBERSECURITY

17 THREATS.—A cyber threat indicator or de18 fensive measures shared as described in 

19 clause (i) may, consistent with a State, 

20 tribal, or local government regulatory au21 thority specifically relating to the preven22 tion or mitigation of cybersecurity threats 

23 to information systems, inform the devel24 opment or implementation of a regulation 

25 relating to such information systems. 

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1 (e) ANTITRUST EXEMPTION.— 

2 (1) IN GENERAL.—Except as provided in sec3 tion 8(e), it shall not be considered a violation of 

4 any provision of antitrust laws for 2 or more private 

5 entities to exchange or provide a cyber threat indi6 cator, or assistance relating to the prevention, inves7 tigation, or mitigation of a cybersecurity threat, for 

8 cybersecurity purposes under this Act. 

9 (2) APPLICABILITY.—Paragraph (1) shall apply 

10 only to information that is exchanged or assistance 

11 provided in order to assist with— 

12 (A) facilitating the prevention, investiga13 tion, or mitigation of a cybersecurity threat to 

14 an information system or information that is 

15 stored on, processed by, or transiting an infor16 mation system; or 

17 (B) communicating or disclosing a cyber 

18 threat indicator to help prevent, investigate, or 

19 mitigate the effect of a cybersecurity threat to 

20 an information system or information that is 

21 stored on, processed by, or transiting an infor22 mation system. 

23 (f) NO RIGHT OR BENEFIT.—The sharing of a cyber 

24 threat indicator with an entity under this Act shall not 

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1 create a right or benefit to similar information by such 

2 entity or any other entity. 

3 SEC. 5. SHARING OF CYBER THREAT INDICATORS AND DE4 FENSIVE MEASURES WITH THE FEDERAL 

5 GOVERNMENT. 

6 (a) REQUIREMENT FOR POLICIES AND PROCE7 DURES.— 

8 (1) INTERIM POLICIES AND PROCEDURES.—Not 

9 later than 60 days after the date of the enactment 

10 of this Act, the Attorney General, in coordination 

11 with the heads of the appropriate Federal entities, 

12 shall develop and submit to Congress interim policies 

13 and procedures relating to the receipt of cyber 

14 threat indicators and defensive measures by the 

15 Federal Government. 

16 (2) FINAL POLICIES AND PROCEDURES.—Not 

17 later than 180 days after the date of the enactment 

18 of this Act, the Attorney General shall, in coordina19 tion with the heads of the appropriate Federal enti20 ties, promulgate final policies and procedures relat21 ing to the receipt of cyber threat indicators and de22 fensive measures by the Federal Government. 

23 (3) REQUIREMENTS CONCERNING POLICIES AND

24 PROCEDURES.—Consistent with the guidelines re25 quired by subsection (b), the policies and procedures 

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1 developed and promulgated under this subsection 

2 shall— 

3 (A) ensure that cyber threat indicators are 

4 shared with the Federal Government by any en5 tity pursuant to section 4(c) through the real6 time process described in subsection (c) of this 

7 section— 

8 (i) are shared in an automated man9 ner with all of the appropriate Federal en10 tities; 

11 (ii) are not subject to any delay, modi12 fication, or any other action that could im13 pede real-time receipt by all of the appro14 priate Federal entities; and 

15 (iii) may be provided to other Federal 

16 entities; 

17 (B) ensure that cyber threat indicators 

18 shared with the Federal Government by any en19 tity pursuant to section 4 in a manner other 

20 than the real-time process described in sub21 section (c) of this section— 

22 (i) are shared as quickly as operation23 ally practicable with all of the appropriate 

24 Federal entities; 

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1 (ii) are not subject to any unnecessary 

2 delay, interference, or any other action 

3 that could impede receipt by all of the ap4 propriate Federal entities; and 

5 (iii) may be provided to other Federal 

6 entities; 

7 (C) consistent with this Act, any other ap8 plicable provisions of law, and the fair informa9 tion practice principles set forth in appendix A 

10 of the document entitled ‘‘National Strategy for 

11 Trusted Identities in Cyberspace’’ and pub12 lished by the President in April 2011, govern 

13 the retention, use, and dissemination by the 

14 Federal Government of cyber threat indicators 

15 shared with the Federal Government under this 

16 Act, including the extent, if any, to which such 

17 cyber threat indicators may be used by the Fed18 eral Government; and 

19 (D) ensure there is— 

20 (i) an audit capability; and 

21 (ii) appropriate sanctions in place for 

22 officers, employees, or agents of a Federal 

23 entity who knowingly and willfully conduct 

24 activities under this Act in an unauthor25 ized manner. 

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1 (4) GUIDELINES FOR ENTITIES SHARING CYBER

2 THREAT INDICATORS WITH FEDERAL GOVERN3 MENT.— 

4 (A) IN GENERAL.—Not later than 60 days 

5 after the date of the enactment of this Act, the 

6 Attorney General shall develop and make pub7 licly available guidance to assist entities and 

8 promote sharing of cyber threat indicators with 

9 Federal entities under this Act. 

10 (B) CONTENTS.—The guidelines developed 

11 and made publicly available under subpara12 graph (A) shall include guidance on the fol13 lowing: 

14 (i) Identification of types of informa15 tion that would qualify as a cyber threat 

16 indicator under this Act that would be un17 likely to include personal information of or 

18 identifying a specific person not directly 

19 related to a cyber security threat. 

20 (ii) Identification of types of informa21 tion protected under otherwise applicable 

22 privacy laws that are unlikely to be directly 

23 related to a cybersecurity threat. 

24 (iii) Such other matters as the Attor25 ney General considers appropriate for entimstockstill on DSK4VPTVN1PROD with BILLS

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1 ties sharing cyber threat indicators with 

2 Federal entities under this Act. 

3 (b) PRIVACY AND CIVIL LIBERTIES.— 

4 (1) GUIDELINES OF ATTORNEY GENERAL.—Not 

5 later than 60 days after the date of the enactment 

6 of this Act, the Attorney General shall, in coordina7 tion with heads of the appropriate Federal entities 

8 and in consultation with officers designated under 

9 section 1062 of the National Security Intelligence 

10 Reform Act of 2004 (42 U.S.C. 2000ee–1), develop, 

11 submit to Congress, and make available to the public 

12 interim guidelines relating to privacy and civil lib13 erties which shall govern the receipt, retention, use, 

14 and dissemination of cyber threat indicators by a 

15 Federal entity obtained in connection with activities 

16 authorized in this Act. 

17 (2) FINAL GUIDELINES.— 

18 (A) IN GENERAL.—Not later than 180 

19 days after the date of the enactment of this 

20 Act, the Attorney General shall, in coordination 

21 with heads of the appropriate Federal entities 

22 and in consultation with officers designated 

23 under section 1062 of the National Security In24 telligence Reform Act of 2004 (42 U.S.C. 

25 2000ee–1) and such private entities with indusmstockstill on DSK4VPTVN1PROD with BILLS

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1 try expertise as the Attorney General considers 

2 relevant, promulgate final guidelines relating to 

3 privacy and civil liberties which shall govern the 

4 receipt, retention, use, and dissemination of 

5 cyber threat indicators by a Federal entity ob6 tained in connection with activities authorized 

7 in this Act. 

8 (B) PERIODIC REVIEW.—The Attorney 

9 General shall, in coordination with heads of the 

10 appropriate Federal entities and in consultation 

11 with officers and private entities described in 

12 subparagraph (A), periodically review the guide13 lines promulgated under subparagraph (A). 

14 (3) CONTENT.—The guidelines required by 

15 paragraphs (1) and (2) shall, consistent with the 

16 need to protect information systems from cybersecu17 rity threats and mitigate cybersecurity threats— 

18 (A) limit the impact on privacy and civil 

19 liberties of activities by the Federal Government 

20 under this Act; 

21 (B) limit the receipt, retention, use, and 

22 dissemination of cyber threat indicators con23 taining personal information of or identifying 

24 specific persons, including by establishing— 

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1 (i) a process for the timely destruction 

2 of such information that is known not to 

3 be directly related to uses authorized under 

4 this Act; and 

5 (ii) specific limitations on the length 

6 of any period in which a cyber threat indi7 cator may be retained; 

8 (C) include requirements to safeguard 

9 cyber threat indicators containing personal in10 formation of or identifying specific persons 

11 from unauthorized access or acquisition, includ12 ing appropriate sanctions for activities by offi13 cers, employees, or agents of the Federal Gov14 ernment in contravention of such guidelines; 

15 (D) include procedures for notifying enti16 ties and Federal entities if information received 

17 pursuant to this section is known or determined 

18 by a Federal entity receiving such information 

19 not to constitute a cyber threat indicator; 

20 (E) protect the confidentiality of cyber 

21 threat indicators containing personal informa22 tion of or identifying specific persons to the 

23 greatest extent practicable and require recipi24 ents to be informed that such indicators may 

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1 only be used for purposes authorized under this 

2 Act; and 

3 (F) include steps that may be needed so 

4 that dissemination of cyber threat indicators is 

5 consistent with the protection of classified and 

6 other sensitive national security information. 

7 (c) CAPABILITY AND PROCESS WITHIN THE DEPART8 MENT OF HOMELAND SECURITY.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act, the Secretary 

11 of Homeland Security, in coordination with the 

12 heads of the appropriate Federal entities, shall de13 velop and implement a capability and process within 

14 the Department of Homeland Security that— 

15 (A) shall accept from any entity in real 

16 time cyber threat indicators and defensive 

17 measures, pursuant to this section; 

18 (B) shall, upon submittal of the certifi19 cation under paragraph (2) that such capability 

20 and process fully and effectively operates as de21 scribed in such paragraph, be the process by 

22 which the Federal Government receives cyber 

23 threat indicators and defensive measures under 

24 this Act that are shared by a private entity with 

25 the Federal Government through electronic mail 

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1 or media, an interactive form on an Internet 

2 website, or a real time, automated process be3 tween information systems except— 

4 (i) communications between a Federal 

5 entity and a private entity regarding a pre6 viously shared cyber threat indicator; and 

7 (ii) communications by a regulated en8 tity with such entity’s Federal regulatory 

9 authority regarding a cybersecurity threat; 

10 (C) ensures that all of the appropriate 

11 Federal entities receive in an automated man12 ner such cyber threat indicators shared through 

13 the real-time process within the Department of 

14 Homeland Security; 

15 (D) is in compliance with the policies, pro16 cedures, and guidelines required by this section; 

17 and 

18 (E) does not limit or prohibit otherwise 

19 lawful disclosures of communications, records, 

20 or other information, including— 

21 (i) reporting of known or suspected 

22 criminal activity, by an entity to any other 

23 entity or a Federal entity; 

24 (ii) voluntary or legally compelled par25 ticipation in a Federal investigation; and 

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1 (iii) providing cyber threat indicators 

2 or defensive measures as part of a statu3 tory or authorized contractual requirement. 

4 (2) CERTIFICATION.—Not later than 10 days 

5 prior to the implementation of the capability and 

6 process required by paragraph (1), the Secretary of 

7 Homeland Security shall, in consultation with the 

8 heads of the appropriate Federal entities, certify to 

9 Congress whether such capability and process fully 

10 and effectively operates— 

11 (A) as the process by which the Federal 

12 Government receives from any entity a cyber 

13 threat indicator or defensive measure under this 

14 Act; and 

15 (B) in accordance with the policies, proce16 dures, and guidelines developed under this sec17 tion. 

18 (3) PUBLIC NOTICE AND ACCESS.—The Sec19 retary of Homeland Security shall ensure there is 

20 public notice of, and access to, the capability and 

21 process developed and implemented under paragraph 

22 (1) so that— 

23 (A) any entity may share cyber threat indi24 cators and defensive measures through such 

25 process with the Federal Government; and 

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1 (B) all of the appropriate Federal entities 

2 receive such cyber threat indicators and defen3 sive measures in real time with receipt through 

4 the process within the Department of Home5 land Security. 

6 (4) OTHER FEDERAL ENTITIES.—The process 

7 developed and implemented under paragraph (1) 

8 shall ensure that other Federal entities receive in a 

9 timely manner any cyber threat indicators and de10 fensive measures shared with the Federal Govern11 ment through such process. 

12 (5) REPORT ON DEVELOPMENT AND IMPLE13 MENTATION.— 

14 (A) IN GENERAL.—Not later than 60 days 

15 after the date of the enactment of this Act, the 

16 Secretary of Homeland Security shall submit to 

17 Congress a report on the development and im18 plementation of the capability and process re19 quired by paragraph (1), including a description 

20 of such capability and process and the public 

21 notice of, and access to, such process. 

22 (B) CLASSIFIED ANNEX.—The report re23 quired by subparagraph (A) shall be submitted 

24 in unclassified form, but may include a classi25 fied annex. 

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1 (d) INFORMATION SHARED WITH OR PROVIDED TO

2 THE FEDERAL GOVERNMENT.— 

3 (1) NO WAIVER OF PRIVILEGE OR PROTEC4 TION.—The provision of cyber threat indicators and 

5 defensive measures to the Federal Government 

6 under this Act shall not constitute a waiver of any 

7 applicable privilege or protection provided by law, in8 cluding trade secret protection. 

9 (2) PROPRIETARY INFORMATION.—Consistent 

10 with section 4(c)(2), a cyber threat indicator or de11 fensive measure provided by an entity to the Federal 

12 Government under this Act shall be considered the 

13 commercial, financial, and proprietary information of 

14 such entity when so designated by the originating 

15 entity or a third party acting in accordance with the 

16 written authorization of the originating entity. 

17 (3) EXEMPTION FROM DISCLOSURE.—Cyber 

18 threat indicators and defensive measures provided to 

19 the Federal Government under this Act shall be— 

20 (A) deemed voluntarily shared information 

21 and exempt from disclosure under section 552 

22 of title 5, United States Code, and any State, 

23 tribal, or local law requiring disclosure of infor24 mation or records; and 

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1 (B) withheld, without discretion, from the 

2 public under section 552(b)(3)(B) of title 5, 

3 United States Code, and any State, tribal, or 

4 local provision of law requiring disclosure of in5 formation or records. 

6 (4) EX PARTE COMMUNICATIONS.—The provi7 sion of a cyber threat indicator or defensive measure 

8 to the Federal Government under this Act shall not 

9 be subject to a rule of any Federal agency or depart10 ment or any judicial doctrine regarding ex parte 

11 communications with a decisionmaking official. 

12 (5) DISCLOSURE, RETENTION, AND USE.— 

13 (A) AUTHORIZED ACTIVITIES.—Cyber 

14 threat indicators and defensive measures pro15 vided to the Federal Government under this Act 

16 may be disclosed to, retained by, and used by, 

17 consistent with otherwise applicable provisions 

18 of Federal law, any Federal agency or depart19 ment, component, officer, employee, or agent of 

20 the Federal Government solely for— 

21 (i) a cybersecurity purpose; 

22 (ii) the purpose of identifying a cyber23 security threat, including the source of 

24 such cybersecurity threat, or a security 

25 vulnerability; 

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1 (iii) the purpose of identifying a cy2 bersecurity threat involving the use of an 

3 information system by a foreign adversary 

4 or terrorist; 

5 (iv) the purpose of responding to, or 

6 otherwise preventing or mitigating, an im7 minent threat of death, serious bodily 

8 harm, or serious economic harm, including 

9 a terrorist act or a use of a weapon of 

10 mass destruction; 

11 (v) the purpose of responding to, or 

12 otherwise preventing or mitigating, a seri13 ous threat to a minor, including sexual ex14 ploitation and threats to physical safety; or 

15 (vi) the purpose of preventing, inves16 tigating, disrupting, or prosecuting an of17 fense arising out of a threat described in 

18 clause (iv) or any of the offenses listed 

19 in— 

20 (I) section 3559(c)(2)(F) of title 

21 18, United States Code (relating to 

22 serious violent felonies); 

23 (II) sections 1028 through 1030 

24 of such title (relating to fraud and 

25 identity theft); 

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1 (III) chapter 37 of such title (re2 lating to espionage and censorship); 

3 and 

4 (IV) chapter 90 of such title (re5 lating to protection of trade secrets). 

6 (B) PROHIBITED ACTIVITIES.—Cyber 

7 threat indicators and defensive measures pro8 vided to the Federal Government under this Act 

9 shall not be disclosed to, retained by, or used 

10 by any Federal agency or department for any 

11 use not permitted under subparagraph (A). 

12 (C) PRIVACY AND CIVIL LIBERTIES.— 

13 Cyber threat indicators and defensive measures 

14 provided to the Federal Government under this 

15 Act shall be retained, used, and disseminated by 

16 the Federal Government— 

17 (i) in accordance with the policies, 

18 procedures, and guidelines required by sub19 sections (a) and (b); 

20 (ii) in a manner that protects from 

21 unauthorized use or disclosure any cyber 

22 threat indicators that may contain personal 

23 information of or identifying specific per24 sons; and 

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1 (iii) in a manner that protects the 

2 confidentiality of cyber threat indicators 

3 containing personal information of or iden4 tifying a specific person. 

5 (D) FEDERAL REGULATORY AUTHORITY.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), cyber threat indicators and 

8 defensive measures provided to the Federal 

9 Government under this Act shall not be di10 rectly used by any Federal, State, tribal, 

11 or local government to regulate, including 

12 an enforcement action, the lawful activities 

13 of any entity, including activities relating 

14 to monitoring, operating defensive meas15 ures, or sharing cyber threat indicators. 

16 (ii) EXCEPTIONS.— 

17 (I) REGULATORY AUTHORITY

18 SPECIFICALLY RELATING TO PREVEN19 TION OR MITIGATION OF CYBERSECU20 RITY THREATS.—Cyber threat indica21 tors and defensive measures provided 

22 to the Federal Government under this 

23 Act may, consistent with Federal or 

24 State regulatory authority specifically 

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1 tion of cybersecurity threats to infor2 mation systems, inform the develop3 ment or implementation of regulations 

4 relating to such information systems. 

5 (II) PROCEDURES DEVELOPED

6 AND IMPLEMENTED UNDER THIS

7 ACT.—Clause (i) shall not apply to 

8 procedures developed and imple9 mented under this Act. 

10 SEC. 6. PROTECTION FROM LIABILITY. 

11 (a) MONITORING OF INFORMATION SYSTEMS.—No 

12 cause of action shall lie or be maintained in any court 

13 against any private entity, and such action shall be 

14 promptly dismissed, for the monitoring of information sys15 tems and information under section 4(a) that is conducted 

16 in accordance with this Act. 

17 (b) SHARING OR RECEIPT OF CYBER THREAT INDI18 CATORS.—No cause of action shall lie or be maintained 

19 in any court against any entity, and such action shall be 

20 promptly dismissed, for the sharing or receipt of cyber 

21 threat indicators or defensive measures under section 4(c) 

22 if— 

23 (1) such sharing or receipt is conducted in ac24 cordance with this Act; and 

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1 (2) in a case in which a cyber threat indicator 

2 or defensive measure is shared with the Federal 

3 Government, the cyber threat indicator or defensive 

4 measure is shared in a manner that is consistent 

5 with section 5(c)(1)(B) and the sharing or receipt, 

6 as the case may be, occurs after the earlier of— 

7 (A) the date on which the interim policies 

8 and procedures are submitted to Congress 

9 under section 5(a)(1); or 

10 (B) the date that is 60 days after the date 

11 of the enactment of this Act. 

12 (c) CONSTRUCTION.—Nothing in this section shall be 

13 construed— 

14 (1) to require dismissal of a cause of action 

15 against an entity that has engaged in gross neg16 ligence or willful misconduct in the course of con17 ducting activities authorized by this Act; or 

18 (2) to undermine or limit the availability of oth19 erwise applicable common law or statutory defenses. 

20 SEC. 7. OVERSIGHT OF GOVERNMENT ACTIVITIES. 

21 (a) BIENNIAL REPORT ON IMPLEMENTATION.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the enactment of this Act, and not less 

24 frequently than once every 2 years thereafter, the 

25 heads of the appropriate Federal entities shall jointmstockstill on DSK4VPTVN1PROD with BILLS

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1 ly submit and the Inspector General of the Depart2 ment of Homeland Security, the Inspector General 

3 of the Intelligence Community, the Inspector Gen4 eral of the Department of Justice, the Inspector 

5 General of the Department of Defense, and the In6 spector General of the Department of Energy, in 

7 consultation with the Council of Inspectors General 

8 on Financial Oversight, shall jointly submit to Con9 gress a detailed report concerning the implementa10 tion of this Act. 

11 (2) CONTENTS.—Each report submitted under 

12 paragraph (1) shall include the following: 

13 (A) An assessment of the sufficiency of the 

14 policies, procedures, and guidelines required by 

15 section 5 in ensuring that cyber threat indica16 tors are shared effectively and responsibly with17 in the Federal Government. 

18 (B) An evaluation of the effectiveness of 

19 real-time information sharing through the capa20 bility and process developed under section 5(c), 

21 including any impediments to such real-time 

22 sharing. 

23 (C) An assessment of the sufficiency of the 

24 procedures developed under section 3 in ensur25 ing that cyber threat indicators in the possesmstockstill on DSK4VPTVN1PROD with BILLS

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1 sion of the Federal Government are shared in 

2 a timely and adequate manner with appropriate 

3 entities, or, if appropriate, are made publicly 

4 available. 

5 (D) An assessment of whether cyber threat 

6 indicators have been properly classified and an 

7 accounting of the number of security clearances 

8 authorized by the Federal Government for the 

9 purposes of this Act. 

10 (E) A review of the type of cyber threat in11 dicators shared with the Federal Government 

12 under this Act, including the following: 

13 (i) The degree to which such informa14 tion may impact the privacy and civil lib15 erties of specific persons. 

16 (ii) A quantitative and qualitative as17 sessment of the impact of the sharing of 

18 such cyber threat indicators with the Fed19 eral Government on privacy and civil lib20 erties of specific persons. 

21 (iii) The adequacy of any steps taken 

22 by the Federal Government to reduce such 

23 impact. 

24 (F) A review of actions taken by the Fed25 eral Government based on cyber threat indicamstockstill on DSK4VPTVN1PROD with BILLS

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1 tors shared with the Federal Government under 

2 this Act, including the appropriateness of any 

3 subsequent use or dissemination of such cyber 

4 threat indicators by a Federal entity under sec5 tion 5. 

6 (G) A description of any significant viola7 tions of the requirements of this Act by the 

8 Federal Government. 

9 (H) A summary of the number and type of 

10 entities that received classified cyber threat in11 dicators from the Federal Government under 

12 this Act and an evaluation of the risks and ben13 efits of sharing such cyber threat indicators. 

14 (3) RECOMMENDATIONS.—Each report sub15 mitted under paragraph (1) may include rec16 ommendations for improvements or modifications to 

17 the authorities and processes under this Act. 

18 (4) FORM OF REPORT.—Each report required 

19 by paragraph (1) shall be submitted in unclassified 

20 form, but may include a classified annex. 

21 (b) REPORTS ON PRIVACY AND CIVIL LIBERTIES.— 

22 (1) BIENNIAL REPORT FROM PRIVACY AND

23 CIVIL LIBERTIES OVERSIGHT BOARD.—Not later 

24 than 2 years after the date of the enactment of this 

25 Act and not less frequently than once every 2 years 

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1 thereafter, the Privacy and Civil Liberties Oversight 

2 Board shall submit to Congress and the President a 

3 report providing— 

4 (A) an assessment of the effect on privacy 

5 and civil liberties by the type of activities car6 ried out under this Act; and 

7 (B) an assessment of the sufficiency of the 

8 policies, procedures, and guidelines established 

9 pursuant to section 5 in addressing concerns re10 lating to privacy and civil liberties. 

11 (2) BIENNIAL REPORT OF INSPECTORS GEN12 ERAL.— 

13 (A) IN GENERAL.—Not later than 2 years 

14 after the date of the enactment of this Act and 

15 not less frequently than once every 2 years 

16 thereafter, the Inspector General of the Depart17 ment of Homeland Security, the Inspector Gen18 eral of the Intelligence Community, the Inspec19 tor General of the Department of Justice, the 

20 Inspector General of the Department of De21 fense, and the Inspector General of the Depart22 ment of Energy shall, in consultation with the 

23 Council of Inspectors General on Financial 

24 Oversight, jointly submit to Congress a report 

25 on the receipt, use, and dissemination of cyber 

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1 threat indicators and defensive measures that 

2 have been shared with Federal entities under 

3 this Act. 

4 (B) CONTENTS.—Each report submitted 

5 under subparagraph (A) shall include the fol6 lowing: 

7 (i) A review of the types of cyber 

8 threat indicators shared with Federal enti9 ties. 

10 (ii) A review of the actions taken by 

11 Federal entities as a result of the receipt 

12 of such cyber threat indicators. 

13 (iii) A list of Federal entities receiving 

14 such cyber threat indicators. 

15 (iv) A review of the sharing of such 

16 cyber threat indicators among Federal en17 tities to identify inappropriate barriers to 

18 sharing information. 

19 (3) RECOMMENDATIONS.—Each report sub20 mitted under this subsection may include such rec21 ommendations as the Privacy and Civil Liberties 

22 Oversight Board, with respect to a report submitted 

23 under paragraph (1), or the Inspectors General re24 ferred to in paragraph (2)(A), with respect to a re25 port submitted under paragraph (2), may have for 

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1 improvements or modifications to the authorities 

2 under this Act. 

3 (4) FORM.—Each report required under this 

4 subsection shall be submitted in unclassified form, 

5 but may include a classified annex. 

6 SEC. 8. CONSTRUCTION AND PREEMPTION. 

7 (a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in 

8 this Act shall be construed— 

9 (1) to limit or prohibit otherwise lawful disclo10 sures of communications, records, or other informa11 tion, including reporting of known or suspected 

12 criminal activity, by an entity to any other entity or 

13 the Federal Government under this Act; or 

14 (2) to limit or prohibit otherwise lawful use of 

15 such disclosures by any Federal entity, even when 

16 such otherwise lawful disclosures duplicate or rep17 licate disclosures made under this Act. 

18 (b) WHISTLE BLOWER PROTECTIONS.—Nothing in 

19 this Act shall be construed to prohibit or limit the disclo20 sure of information protected under section 2302(b)(8) of 

21 title 5, United States Code (governing disclosures of ille22 gality, waste, fraud, abuse, or public health or safety 

23 threats), section 7211 of title 5, United States Code (gov24 erning disclosures to Congress), section 1034 of title 10, 

25 United States Code (governing disclosure to Congress by 

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1 members of the military), section 1104 of the National 

2 Security Act of 1947 (50 U.S.C. 3234) (governing disclo3 sure by employees of elements of the intelligence commu4 nity), or any similar provision of Federal or State law. 

5 (c) PROTECTION OF SOURCES AND METHODS.— 

6 Nothing in this Act shall be construed— 

7 (1) as creating any immunity against, or other8 wise affecting, any action brought by the Federal 

9 Government, or any agency or department thereof, 

10 to enforce any law, executive order, or procedure 

11 governing the appropriate handling, disclosure, or 

12 use of classified information; 

13 (2) to affect the conduct of authorized law en14 forcement or intelligence activities; or 

15 (3) to modify the authority of a department or 

16 agency of the Federal Government to protect classi17 fied information and sources and methods and the 

18 national security of the United States. 

19 (d) RELATIONSHIP TO OTHER LAWS.—Nothing in 

20 this Act shall be construed to affect any requirement 

21 under any other provision of law for an entity to provide 

22 information to the Federal Government. 

23 (e) PROHIBITED CONDUCT.—Nothing in this Act 

24 shall be construed to permit price-fixing, allocating a mar25 ket between competitors, monopolizing or attempting to 

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1 monopolize a market, boycotting, or exchanges of price or 

2 cost information, customer lists, or information regarding 

3 future competitive planning. 

4 (f) INFORMATION SHARING RELATIONSHIPS.—Noth5 ing in this Act shall be construed— 

6 (1) to limit or modify an existing information 

7 sharing relationship; 

8 (2) to prohibit a new information sharing rela9 tionship; 

10 (3) to require a new information sharing rela11 tionship between any entity and the Federal Govern12 ment; or 

13 (4) to require the use of the capability and 

14 process within the Department of Homeland Secu15 rity developed under section 5(c). 

16 (g) PRESERVATION OF CONTRACTUAL OBLIGATIONS

17 AND RIGHTS.—Nothing in this Act shall be construed— 

18 (1) to amend, repeal, or supersede any current 

19 or future contractual agreement, terms of service 

20 agreement, or other contractual relationship between 

21 any entities, or between any entity and a Federal en22 tity; or 

23 (2) to abrogate trade secret or intellectual prop24 erty rights of any entity or Federal entity. 

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1 (h) ANTI-TASKING RESTRICTION.—Nothing in this 

2 Act shall be construed to permit the Federal Govern3 ment— 

4 (1) to require an entity to provide information 

5 to the Federal Government; 

6 (2) to condition the sharing of cyber threat in7 dicators with an entity on such entity’s provision of 

8 cyber threat indicators to the Federal Government; 

9 or 

10 (3) to condition the award of any Federal 

11 grant, contract, or purchase on the provision of a 

12 cyber threat indicator to a Federal entity. 

13 (i) NO LIABILITY FOR NON-PARTICIPATION.—Noth14 ing in this Act shall be construed to subject any entity 

15 to liability for choosing not to engage in the voluntary ac16 tivities authorized in this Act. 

17 (j) USE AND RETENTION OF INFORMATION.—Noth18 ing in this Act shall be construed to authorize, or to mod19 ify any existing authority of, a department or agency of 

20 the Federal Government to retain or use any information 

21 shared under this Act for any use other than permitted 

22 in this Act. 

23 (k) FEDERAL PREEMPTION.— 

24 (1) IN GENERAL.—This Act supersedes any 

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1 ical subdivision of a State that restricts or otherwise 

2 expressly regulates an activity authorized under this 

3 Act. 

4 (2) STATE LAW ENFORCEMENT.—Nothing in 

5 this Act shall be construed to supersede any statute 

6 or other provision of law of a State or political sub7 division of a State concerning the use of authorized 

8 law enforcement practices and procedures. 

9 (l) REGULATORY AUTHORITY.—Nothing in this Act 

10 shall be construed— 

11 (1) to authorize the promulgation of any regu12 lations not specifically authorized by this Act; 

13 (2) to establish or limit any regulatory author14 ity not specifically established or limited under this 

15 Act; or 

16 (3) to authorize regulatory actions that would 

17 duplicate or conflict with regulatory requirements, 

18 mandatory standards, or related processes under an19 other provision of Federal law. 

20 (m) AUTHORITY OF SECRETARY OF DEFENSE TO

21 RESPOND TO CYBER ATTACKS.—Nothing in this Act shall 

22 be construed to limit the authority of the Secretary of De23 fense to develop, prepare, coordinate, or, when authorized 

24 by the President to do so, conduct a military cyber oper25 ation in response to a malicious cyber activity carried out 

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1 against the United States or a United States person by 

2 a foreign government or an organization sponsored by a 

3 foreign government or a terrorist organization. 

4 SEC. 9. REPORT ON CYBERSECURITY THREATS. 

5 (a) REPORT REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Director 

7 of National Intelligence, in coordination with the heads of 

8 other appropriate elements of the intelligence community, 

9 shall submit to the Select Committee on Intelligence of 

10 the Senate and the Permanent Select Committee on Intel11 ligence of the House of Representatives a report on cyber12 security threats, including cyber attacks, theft, and data 

13 breaches. 

14 (b) CONTENTS.—The report required by subsection 

15 (a) shall include the following: 

16 (1) An assessment of the current intelligence 

17 sharing and cooperation relationships of the United 

18 States with other countries regarding cybersecurity 

19 threats, including cyber attacks, theft, and data 

20 breaches, directed against the United States and 

21 which threaten the United States national security 

22 interests and economy and intellectual property, spe23 cifically identifying the relative utility of such rela24 tionships, which elements of the intelligence commumstockstill on DSK4VPTVN1PROD with BILLS

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1 nity participate in such relationships, and whether 

2 and how such relationships could be improved. 

3 (2) A list and an assessment of the countries 

4 and nonstate actors that are the primary threats of 

5 carrying out a cybersecurity threat, including a 

6 cyber attack, theft, or data breach, against the 

7 United States and which threaten the United States 

8 national security, economy, and intellectual property. 

9 (3) A description of the extent to which the ca10 pabilities of the United States Government to re11 spond to or prevent cybersecurity threats, including 

12 cyber attacks, theft, or data breaches, directed 

13 against the United States private sector are de14 graded by a delay in the prompt notification by pri15 vate entities of such threats or cyber attacks, theft, 

16 and breaches. 

17 (4) An assessment of additional technologies or 

18 capabilities that would enhance the ability of the 

19 United States to prevent and to respond to cyberse20 curity threats, including cyber attacks, theft, and 

21 data breaches. 

22 (5) An assessment of any technologies or prac23 tices utilized by the private sector that could be rap24 idly fielded to assist the intelligence community in 

25 preventing and responding to cybersecurity threats. 

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1 (c) FORM OF REPORT.—The report required by sub2 section (a) shall be made available in classified and unclas3 sified forms. 

4 (d) INTELLIGENCE COMMUNITY DEFINED.—In this 

5 section, the term ‘‘intelligence community’’ has the mean6 ing given that term in section 3 of the National Security 

7 Act of 1947 (50 U.S.C. 3003). 

8 SEC. 10. CONFORMING AMENDMENTS. 

9 (a) PUBLIC INFORMATION.—Section 552(b) of title 

10 5, United States Code, is amended— 

11 (1) in paragraph (8), by striking ‘‘or’’ at the 

12 end; 

13 (2) in paragraph (9), by striking ‘‘wells.’’ and 

14 inserting ‘‘wells; or’’; and 

15 (3) by inserting after paragraph (9) the fol16 lowing: 

17 ‘‘(10) information shared with or provided to 

18 the Federal Government pursuant to the Cybersecu19 rity Information Sharing Act of 2015.’’. 

20 (b) MODIFICATION OF LIMITATION ON DISSEMINA21 TION OF CERTAIN INFORMATION CONCERNING PENETRA22 TIONS OF DEFENSE CONTRACTOR NETWORKS.—Section 

23 941(c)(3) of the National Defense Authorization Act for 

24 Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2224 

25 note) is amended by inserting at the end the following: 

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1 ‘‘The Secretary may share such information with other 

2 Federal entities if such information consists of cyber 

3 threat indicators and defensive measures and such infor4 mation is shared consistent with the policies and proce5 dures promulgated by the Attorney General under section 

6 5 of the Cybersecurity Information Sharing Act of 2015.’’. 

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Calendar No. 28 

114TH CONGRESS 

1ST SESSION S. 754 

A BILL 

To improve cybersecurity in the United States 

cybersecurity threats, and for other purposes. through enhanced sharing of information about 

MARCH 17, 2015 

Read twice and placed on the calendar 

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