H. Res. 164 
In the House of Representatives, U. S., 
April 17, 2013. 
Resolved, That at any time after the adoption of this res-
olution the Speaker may, pursuant to clause 2(b) of rule 
XVIII, declare the House resolved into the Committee of the 
Whole House on the state of the Union for consideration of 
the bill (H.R. 624) 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. The first reading of the bill shall be dis-
pensed with. All points of order against consideration of the 
bill are waived. General debate shall be confined to the bill 
and shall not exceed one hour equally divided and controlled 
by the chair and ranking minority member of the Permanent 
Select Committee on Intelligence. After general debate the 
bill shall be considered for amendment under the five-minute 
rule. In lieu of the amendment in the nature of a substitute 
recommended by the Permanent Select Committee on Intel-
ligence now printed in the bill, it shall be in order to consider 
as an original bill for the purpose of amendment under the
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five-minute rule an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 113–7. That 
amendment in the nature of a substitute shall be considered 
as read. All points of order against that amendment in the 
nature of a substitute are waived. No amendment to that 
amendment in the nature of a substitute shall be in order ex-
cept those printed in the report of the Committee on Rules 
accompanying this resolution. Each such amendment may be 
offered only in the order printed in the report, may be offered 
only by a Member designated in the report, shall be consid-
ered as read, shall be debatable for the time specified in the 
report equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not 
be subject to a demand for division of the question in the 
House or in the Committee of the Whole. All points of order 
against such amendments are waived. At the conclusion of 
consideration of the bill for amendment the Committee shall 
rise and report the bill to the House with such amendments 
as may have been adopted. Any Member may demand a sepa-
rate vote in the House on any amendment adopted in the 
Committee of the Whole to the bill or to the amendment in 
the nature of a substitute made in order as original text. The 
previous question shall be considered as ordered on the bill 
and amendments thereto to final passage without intervening
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motion except one motion to recommit with or without in-
structions. 
SEC. 2. Notwithstanding any other provision of this res-
olution, the amendment specified in section 3 shall be in 
order as though printed as the last amendment in House Re-
port 113–41 if offered by Representative McCaul of Texas or 
his designee. That amendment shall be debatable for 10 min-
utes equally divided and controlled by the proponent and an 
opponent. 
SEC. 3. The amendment referred to in section 2 is as 
follows: After section 1, insert the following new section (and 
renumber subsequent sections accordingly): 
‘‘SEC. 2. FEDERAL GOVERNMENT COORDINATION WITH RE-
SPECT TO CYBERSECURITY. 
‘‘(a) COORDINATED ACTIVITIES.—The Federal Govern-
ment shall conduct cybersecurity activities to provide shared 
situational awareness that enables integrated operational ac-
tions to protect, prevent, mitigate, respond to, and recover 
from cyber incidents. 
‘‘(b) COORDINATED INFORMATION SHARING.— 
‘‘(1) DESIGNATION OF COORDINATING ENTITY FOR 
CYBER
THREAT
INFORMATION.—The President shall 
designate an entity within the Department of Homeland 
Security as the civilian Federal entity to receive cyber 
threat information that is shared by a cybersecurity pro-
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vider or self-protected entity in accordance with section 
1104(b) of the National Security Act of 1947, as added 
by section 3(a) of this Act, except as provided in para-
graph (2) and subject to the procedures established 
under paragraph (4). 
‘‘(2) DESIGNATION
OF
A
COORDINATING
ENTITY 
FOR CYBERSECURITY CRIMES.—The President shall des-
ignate an entity within the Department of Justice as the 
civilian Federal entity to receive cyber threat informa-
tion related to cybersecurity crimes that is shared by a 
cybersecurity provider or self-protected entity in accord-
ance with section 1104(b) of the National Security Act 
of 1947, as added by section 3(a) of this Act, subject to 
the procedures under paragraph (4). 
‘‘(3) SHARING BY COORDINATING ENTITIES.—The 
entities designated under paragraphs (1) and (2) shall 
share cyber threat information shared with such entities 
in accordance with section 1104(b) of the National Secu-
rity Act of 1947, as added by section 3(a) of this Act, 
consistent with the procedures established under para-
graphs (4) and (5). 
‘‘(4) PROCEDURES.—Each department or agency of 
the Federal Government receiving cyber threat informa-
tion shared in accordance with section 1104(b) of the
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National Security Act of 1947, as added by section 3(a) 
of this Act, shall establish procedures to— 
‘‘(A) ensure that cyber threat information 
shared with departments or agencies of the Federal 
Government in accordance with such section 
1104(b) is also shared with appropriate depart-
ments and agencies of the Federal Government with 
a national security mission in real time; 
‘‘(B) ensure the distribution to other depart-
ments and agencies of the Federal Government of 
cyber threat information in real time; and 
‘‘(C) facilitate information sharing, interaction, 
and collaboration among and between the Federal 
Government; State, local, tribal, and territorial gov-
ernments; and cybersecurity providers and self-pro-
tected entities. 
‘‘(5) PRIVACY AND CIVIL LIBERTIES.— 
‘‘(A) POLICIES AND PROCEDURES.—The Sec-
retary of Homeland Security, the Attorney General, 
the Director of National Intelligence, and the Sec-
retary of Defense shall jointly establish and periodi-
cally review policies and procedures governing the 
receipt, retention, use, and disclosure of non-pub-
licly available cyber threat information shared with 
the Federal Government in accordance with section
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the Director of National Intelligence, and the Sec-
retary of Defense shall, consistent with the need to 
protect sources and methods, jointly submit to Con-
gress the policies and procedures required under 
subparagraph (A) and any updates to such policies 
and procedures. 
‘‘(C) IMPLEMENTATION.—The head of each de-
partment or agency of the Federal Government re-
ceiving cyber threat information shared with the 
Federal Government under such section 1104(b) 
shall— 
‘‘(i) implement the policies and procedures 
established under subparagraph (A); and 
‘‘(ii) promptly notify the Secretary of 
Homeland Security, the Attorney General, the 
Director of National Intelligence, the Secretary 
of Defense, and the appropriate congressional 
committees of any significant violations of such 
policies and procedures. 
‘‘(D) OVERSIGHT.—The Secretary of Home-
land Security, the Attorney General, the Director of 
National Intelligence, and the Secretary of Defense 
shall jointly establish a program to monitor and 
oversee compliance with the policies and procedures 
established under subparagraph (A).
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‘‘(6) INFORMATION
SHARING
RELATIONSHIPS.— 
Nothing in this section shall be construed to— 
‘‘(A) alter existing agreements or prohibit new 
agreements with respect to the sharing of cyber 
threat information between the Department of De-
fense and an entity that is part of the defense in-
dustrial base; 
‘‘(B) alter existing information-sharing rela-
tionships between a cybersecurity provider, pro-
tected entity, or self-protected entity and the Fed-
eral Government; 
‘‘(C) prohibit the sharing of cyber threat infor-
mation directly with a department or agency of the 
Federal Government for criminal investigative pur-
poses related to crimes described in section 
1104(c)(1) of the National Security Act of 1947, as 
added by section 3(a) of this Act; or 
‘‘(D) alter existing agreements or prohibit new 
agreements with respect to the sharing of cyber 
threat information between the Department of 
Treasury and an entity that is part of the financial 
services sector. 
‘‘(7) TECHNICAL ASSISTANCE.— 
‘‘(A) DISCUSSIONS AND ASSISTANCE.—Nothing 
in this section shall be construed to prohibit any de-
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partment or agency of the Federal Government 
from engaging in formal or informal technical dis-
cussion regarding cyber threat information with a 
cybersecurity provider or self-protected entity or 
from providing technical assistance to address 
vulnerabilities or mitigate threats at the request of 
such a provider or such an entity. 
‘‘(B) COORDINATION.—Any department or 
agency of the Federal Government engaging in an 
activity referred to in subparagraph (A) shall co-
ordinate such activity with the entity of the Depart-
ment of Homeland Security designated under para-
graph (1) and share all significant information re-
sulting from such activity with such entity and all 
other appropriate departments and agencies of the 
Federal Government. 
‘‘(C) SHARING BY DESIGNATED ENTITY.—Con-
sistent with the policies and procedures established 
under paragraph (5), the entity of the Department 
of Homeland Security designated under paragraph 
(1) shall share with all appropriate departments 
and agencies of the Federal Government all signifi-
cant information resulting from— 
‘‘(i) formal or informal technical discus-
sions between such entity of the Department of
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Homeland Security and a cybersecurity pro-
vider or self-protected entity about cyber threat 
information; or 
‘‘(ii) any technical assistance such entity 
of the Department of Homeland Security pro-
vides to such cybersecurity provider or such 
self-protected entity to address vulnerabilities 
or mitigate threats. 
‘‘(c) REPORTS ON INFORMATION SHARING.— 
‘‘(1) INSPECTOR GENERAL OF THE DEPARTMENT 
OF HOMELAND SECURITY REPORT.—The Inspector Gen-
eral of the Department of Homeland Security, in con-
sultation with the Inspector General of the Department 
of Justice, the Inspector General of the Intelligence 
Community, the Inspector General of the Department of 
Defense, and the Privacy and Civil Liberties Oversight 
Board, shall annually submit to the appropriate congres-
sional committees a report containing a review of the use 
of information shared with the Federal Government 
under subsection (b) of section 1104 of the National Se-
curity Act of 1947, as added by section 3(a) of this Act, 
including— 
‘‘(A) a review of the use by the Federal Gov-
ernment of such information for a purpose other 
than a cybersecurity purpose;
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‘‘(B) a review of the type of information shared 
with the Federal Government under such sub-
section; 
‘‘(C) a review of the actions taken by the Fed-
eral Government based on such information; 
‘‘(D) appropriate metrics to determine the im-
pact of the sharing of such information with the 
Federal Government on privacy and civil liberties, if 
any; 
‘‘(E) a list of the departments or agencies re-
ceiving such information; 
‘‘(F) a review of the sharing of such informa-
tion within the Federal Government to identify in-
appropriate stovepiping of shared information; and 
‘‘(G) any recommendations of the Inspector 
General of the Department of Homeland Security 
for improvements or modifications to the authorities 
under such section. 
‘‘(2) PRIVACY AND CIVIL LIBERTIES OFFICERS RE-
PORT.—The Officer for Civil Rights and Civil Liberties 
of the Department of Homeland Security, in consulta-
tion with the Privacy and Civil Liberties Oversight 
Board, the Inspector General of the Intelligence Commu-
nity, and the senior privacy and civil liberties officer of 
each department or agency of the Federal Government
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that receives cyber threat information shared with the 
Federal Government under such subsection (b), shall an-
nually and jointly submit to Congress a report assessing 
the privacy and civil liberties impact of the activities con-
ducted by the Federal Government under such section 
1104. Such report shall include any recommendations 
the Civil Liberties Protection Officer and Chief Privacy 
and Civil Liberties Officer consider appropriate to mini-
mize or mitigate the privacy and civil liberties impact of 
the sharing of cyber threat information under such sec-
tion 1104. 
‘‘(3) FORM.—Each report required under para-
graph (1) or (2) shall be submitted in unclassified form, 
but may include a classified annex. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional committees’ 
means— 
‘‘(A) the Committee on Homeland Security, the 
Committee on the Judiciary, the Permanent Select 
Committee on Intelligence, and the Committee on 
Armed Services of the House of Representatives; 
and 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on the
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Judiciary, the Select Committee on Intelligence, and 
the Committee on Armed Services of the Senate. 
‘‘(2) CYBER THREAT INFORMATION, CYBER THREAT 
INTELLIGENCE, CYBERSECURITY
CRIMES, CYBERSECU-
RITY PROVIDER, CYBERSECURITY PURPOSE, AND SELF- 
PROTECTED ENTITY.—The terms ‘cyber threat informa-
tion’, ‘cyber threat intelligence’, ‘cybersecurity crimes’, 
‘cybersecurity provider’, ‘cybersecurity purpose’, and 
‘self-protected entity’ have the meaning given those 
terms in section 1104 of the National Security Act of 
1947, as added by section 3(a) of this Act. 
‘‘(3) INTELLIGENCE COMMUNITY.—The term ‘intel-
ligence community’ has the meaning given the term in 
section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)). 
‘‘(4) 
SHARED
SITUATIONAL
AWARENESS.—The 
term ‘shared situational awareness’ means an environ-
ment where cyber threat information is shared in real 
time between all designated Federal cyber operations 
centers to provide actionable information about all 
known cyber threats.’’. 
Page 5, strike line 6 and all that follows through page 
6, line 7.
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Page 7, beginning on line 17, strike ‘‘by the department 
or agency of the Federal Government receiving such cyber 
threat information’’. 
Page 13, strike line 13 and all that follows through page 
15, line 23. 
Page 17, strike line 15 and all that follows through page 
19, line 19. 
Attest: 
Clerk.