IIB 
112TH CONGRESS 
2D SESSION 
H. R. 3523 
IN THE SENATE OF THE UNITED STATES 
MAY 7, 2012 
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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cyber Intelligence 
Sharing and Protection Act’’. 
SEC. 2. CYBER THREAT INTELLIGENCE AND INFORMATION 
SHARING. 
(a) IN GENERAL.—Title XI of the National Security 
Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 
at the end the following new section: 
‘‘CYBER THREAT INTELLIGENCE AND INFORMATION 
SHARING 
‘‘SEC. 1104. (a) INTELLIGENCE COMMUNITY SHAR-
ING OF CYBER THREAT INTELLIGENCE WITH PRIVATE 
SECTOR AND UTILITIES.— 
‘‘(1) IN GENERAL.—The Director of National 
Intelligence shall establish procedures to allow ele-
ments of the intelligence community to share cyber 
threat intelligence with private-sector entities and 
utilities and to encourage the sharing of such intel-
ligence. 
‘‘(2) SHARING AND USE OF CLASSIFIED INTEL-
LIGENCE.—The procedures established under para-
graph (1) shall provide that classified cyber threat 
intelligence may only be— 
‘‘(A) shared by an element of the intel-
ligence community with— 
‘‘(i) certified entities; or 
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‘‘(ii) a person with an appropriate se-
curity clearance to receive such cyber 
threat intelligence; 
‘‘(B) shared consistent with the need to 
protect the national security of the United 
States; and 
‘‘(C) used by a certified entity in a manner 
which protects such cyber threat intelligence 
from unauthorized disclosure. 
‘‘(3) SECURITY CLEARANCE APPROVALS.—The 
Director of National Intelligence shall issue guide-
lines providing that the head of an element of the 
intelligence community may, as the head of such ele-
ment considers necessary to carry out this sub-
section— 
‘‘(A) grant a security clearance on a tem-
porary or permanent basis to an employee or 
officer of a certified entity; 
‘‘(B) grant a security clearance on a tem-
porary or permanent basis to a certified entity 
and approval to use appropriate facilities; and 
‘‘(C) expedite the security clearance proc-
ess for a person or entity as the head of such 
element considers necessary, consistent with the 
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need to protect the national security of the 
United States. 
‘‘(4) NO RIGHT OR BENEFIT.—The provision of 
information to a private-sector entity or a utility 
under this subsection shall not create a right or ben-
efit to similar information by such entity or such 
utility or any other private-sector entity or utility. 
‘‘(5) RESTRICTION ON DISCLOSURE OF CYBER 
THREAT
INTELLIGENCE.—Notwithstanding 
any 
other provision of law, a certified entity receiving 
cyber threat intelligence pursuant to this subsection 
shall not further disclose such cyber threat intel-
ligence to another entity, other than to a certified 
entity or other appropriate agency or department of 
the Federal Government authorized to receive such 
cyber threat intelligence. 
‘‘(b) USE OF CYBERSECURITY SYSTEMS AND SHAR-
ING OF CYBER THREAT INFORMATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CYBERSECURITY
PROVIDERS.—Not-
withstanding any other provision of law, a cy-
bersecurity provider, with the express consent 
of a protected entity for which such cybersecu-
rity provider is providing goods or services for 
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cybersecurity purposes, may, for cybersecurity 
purposes— 
‘‘(i) use cybersecurity systems to iden-
tify and obtain cyber threat information to 
protect the rights and property of such 
protected entity; and 
‘‘(ii) share such cyber threat informa-
tion with any other entity designated by 
such protected entity, including, if specifi-
cally designated, the Federal Government. 
‘‘(B) SELF-PROTECTED
ENTITIES.—Not-
withstanding any other provision of law, a self- 
protected entity may, for cybersecurity pur-
poses— 
‘‘(i) use cybersecurity systems to iden-
tify and obtain cyber threat information to 
protect the rights and property of such 
self-protected entity; and 
‘‘(ii) share such cyber threat informa-
tion with any other entity, including the 
Federal Government. 
‘‘(2) SHARING WITH THE FEDERAL GOVERN-
MENT.— 
‘‘(A) INFORMATION
SHARED
WITH
THE 
NATIONAL
CYBERSECURITY
AND
COMMUNICA-
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TIONS INTEGRATION CENTER OF THE DEPART-
MENT
OF
HOMELAND
SECURITY.—Subject to 
the use and protection of information require-
ments under paragraph (3), the head of a de-
partment or agency of the Federal Government 
receiving cyber threat information in accordance 
with paragraph (1) shall provide such cyber 
threat information to the National Cybersecu-
rity and Communications Integration Center of 
the Department of Homeland Security. 
‘‘(B) REQUEST TO SHARE WITH ANOTHER 
DEPARTMENT
OR
AGENCY
OF
THE
FEDERAL 
GOVERNMENT.—An entity sharing cyber threat 
information that is provided to the National Cy-
bersecurity and Communications Integration 
Center of the Department of Homeland Secu-
rity under subparagraph (A) or paragraph (1) 
may request the head of such Center to, and 
the head of such Center may, provide such in-
formation to another department or agency of 
the Federal Government. 
‘‘(3) USE
AND
PROTECTION
OF
INFORMA-
TION.—Cyber threat information shared in accord-
ance with paragraph (1)— 
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‘‘(A) shall only be shared in accordance 
with any restrictions placed on the sharing of 
such information by the protected entity or self- 
protected entity authorizing such sharing, in-
cluding appropriate anonymization or minimiza-
tion of such information; 
‘‘(B) may not be used by an entity to gain 
an unfair competitive advantage to the det-
riment of the protected entity or the self-pro-
tected entity authorizing the sharing of infor-
mation; 
‘‘(C) if shared with the Federal Govern-
ment— 
‘‘(i) shall be exempt from disclosure 
under section 552 of title 5, United States 
Code; 
‘‘(ii) shall be considered proprietary 
information and shall not be disclosed to 
an entity outside of the Federal Govern-
ment except as authorized by the entity 
sharing such information; 
‘‘(iii) shall not be used by the Federal 
Government for regulatory purposes; 
‘‘(iv) shall not be provided by the de-
partment or agency of the Federal Govern-
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ment receiving such cyber threat informa-
tion to another department or agency of 
the Federal Government under paragraph 
(2)(A) if— 
‘‘(I) the entity providing such in-
formation determines that the provi-
sion of such information will under-
mine the purpose for which such in-
formation is shared; or 
‘‘(II) unless otherwise directed by 
the President, the head of the depart-
ment or agency of the Federal Gov-
ernment receiving such cyber threat 
information determines that the provi-
sion of such information will under-
mine the purpose for which such in-
formation is shared; and 
‘‘(v) shall be handled by the Federal 
Government consistent with the need to 
protect sources and methods and the na-
tional security of the United States; and 
‘‘(D) shall be exempt from disclosure 
under a State, local, or tribal law or regulation 
that requires public disclosure of information by 
a public or quasi-public entity. 
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‘‘(4) EXEMPTION FROM LIABILITY.—No civil or 
criminal cause of action shall lie or be maintained in 
Federal or State court against a protected entity, 
self-protected entity, cybersecurity provider, or an 
officer, employee, or agent of a protected entity, self- 
protected entity, or cybersecurity provider, acting in 
good faith— 
‘‘(A) for using cybersecurity systems to 
identify or obtain cyber threat information or 
for sharing such information in accordance with 
this section; or 
‘‘(B) for decisions made based on cyber 
threat information identified, obtained, or 
shared under this section. 
‘‘(5) RELATIONSHIP TO OTHER LAWS REQUIR-
ING THE DISCLOSURE OF INFORMATION.—The sub-
mission of information under this subsection to the 
Federal Government shall not satisfy or affect— 
‘‘(A) any requirement under any other pro-
vision of law for a person or entity to provide 
information to the Federal Government; or 
‘‘(B) the applicability of other provisions of 
law, including section 552 of title 5, United 
States Code (commonly known as the ‘Freedom 
of Information Act’), with respect to informa-
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tion required to be provided to the Federal Gov-
ernment under such other provision of law. 
‘‘(c) FEDERAL GOVERNMENT USE
OF INFORMA-
TION.— 
‘‘(1) LIMITATION.—The Federal Government 
may use cyber threat information shared with the 
Federal Government in accordance with subsection 
(b)— 
‘‘(A) for cybersecurity purposes; 
‘‘(B) for the investigation and prosecution 
of cybersecurity crimes; 
‘‘(C) for the protection of individuals from 
the danger of death or serious bodily harm and 
the investigation and prosecution of crimes in-
volving such danger of death or serious bodily 
harm; 
‘‘(D) for the protection of minors from 
child pornography, any risk of sexual exploi-
tation, and serious threats to the physical safe-
ty of such minor, including kidnapping and 
trafficking and the investigation and prosecu-
tion of crimes involving child pornography, any 
risk of sexual exploitation, and serious threats 
to the physical safety of minors, including kid-
napping and trafficking, and any crime referred 
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to in 2258A(a)(2) of title 18, United States 
Code; or 
‘‘(E) to protect the national security of the 
United States. 
‘‘(2) AFFIRMATIVE
SEARCH
RESTRICTION.— 
The Federal Government may not affirmatively 
search cyber threat information shared with the 
Federal Government under subsection (b) for a pur-
pose other than a purpose referred to in paragraph 
(1)(B). 
‘‘(3) ANTI-TASKING RESTRICTION.—Nothing in 
this section shall be construed to permit the Federal 
Government to— 
‘‘(A) require a private-sector entity to 
share information with the Federal Govern-
ment; or 
‘‘(B) condition the sharing of cyber threat 
intelligence with a private-sector entity on the 
provision of cyber threat information to the 
Federal Government. 
‘‘(4) PROTECTION
OF
SENSITIVE
PERSONAL 
DOCUMENTS.—The Federal Government may not 
use the following information, containing informa-
tion that identifies a person, shared with the Federal 
Government in accordance with subsection (b): 
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‘‘(A) Library circulation records. 
‘‘(B) Library patron lists. 
‘‘(C) Book sales records. 
‘‘(D) Book customer lists. 
‘‘(E) Firearms sales records. 
‘‘(F) Tax return records. 
‘‘(G) Educational records. 
‘‘(H) Medical records. 
‘‘(5) NOTIFICATION OF NON-CYBER THREAT IN-
FORMATION.—If a department or agency of the Fed-
eral Government receiving information pursuant to 
subsection (b)(1) determines that such information 
is not cyber threat information, such department or 
agency shall notify the entity or provider sharing 
such information pursuant to subsection (b)(1). 
‘‘(6) RETENTION AND USE OF CYBER THREAT 
INFORMATION.—No department or agency of the 
Federal Government shall retain or use information 
shared pursuant to subsection (b)(1) for any use 
other than a use permitted under subsection (c)(1). 
‘‘(7) PROTECTION
OF
INDIVIDUAL
INFORMA-
TION.—The Federal Government may, consistent 
with the need to protect Federal systems and critical 
information 
infrastructure 
from 
cybersecurity 
threats and to mitigate such threats, undertake rea-
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sonable efforts to limit the impact on privacy and 
civil liberties of the sharing of cyber threat informa-
tion with the Federal Government pursuant to this 
subsection. 
‘‘(d) FEDERAL GOVERNMENT LIABILITY FOR VIOLA-
TIONS OF RESTRICTIONS ON THE DISCLOSURE, USE, AND 
PROTECTION OF VOLUNTARILY SHARED INFORMATION.— 
‘‘(1) IN GENERAL.—If a department or agency 
of the Federal Government intentionally or willfully 
violates subsection (b)(3)(C) or subsection (c) with 
respect to the disclosure, use, or protection of volun-
tarily shared cyber threat information shared under 
this section, the United States shall be liable to a 
person adversely affected by such violation in an 
amount equal to the sum of— 
‘‘(A) the actual damages sustained by the 
person as a result of the violation or $1,000, 
whichever is greater; and 
‘‘(B) the costs of the action together with 
reasonable attorney fees as determined by the 
court. 
‘‘(2) VENUE.—An action to enforce liability cre-
ated under this subsection may be brought in the 
district court of the United States in— 
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‘‘(A) the district in which the complainant 
resides; 
‘‘(B) the district in which the principal 
place of business of the complainant is located; 
‘‘(C) the district in which the department 
or agency of the Federal Government that dis-
closed the information is located; or 
‘‘(D) the District of Columbia. 
‘‘(3) STATUTE
OF
LIMITATIONS.—No action 
shall lie under this subsection unless such action is 
commenced not later than two years after the date 
of the violation of subsection (b)(3)(C) or subsection 
(c) that is the basis for the action. 
‘‘(4) EXCLUSIVE CAUSE OF ACTION.—A cause 
of action under this subsection shall be the exclusive 
means available to a complainant seeking a remedy 
for a violation of subsection (b)(3)(C) or subsection 
(c). 
‘‘(e) REPORT ON INFORMATION SHARING.— 
‘‘(1) REPORT.—The Inspector General of the 
Intelligence Community shall annually submit to the 
congressional intelligence committees a report con-
taining a review of the use of information shared 
with the Federal Government under this section, in-
cluding— 
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‘‘(A) a review of the use by the Federal 
Government of such information for a purpose 
other than a cybersecurity purpose; 
‘‘(B) a review of the type of information 
shared with the Federal Government under this 
section; 
‘‘(C) a review of the actions taken by the 
Federal Government based on such information; 
‘‘(D) appropriate metrics to determine the 
impact of the sharing of such information with 
the Federal Government on privacy and civil 
liberties, if any; 
‘‘(E) a list of the department or agency re-
ceiving such information; 
‘‘(F) a review of the sharing of such infor-
mation within the Federal Government to iden-
tify inappropriate stovepiping of shared infor-
mation; and 
‘‘(G) any recommendations of the Inspec-
tor General for improvements or modifications 
to the authorities under this section. 
‘‘(2) FORM.—Each report required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
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‘‘(f) FEDERAL PREEMPTION.—This section super-
sedes any statute of a State or political subdivision of a 
State that restricts or otherwise expressly regulates an ac-
tivity authorized under subsection (b). 
‘‘(g) SAVINGS CLAUSES.— 
‘‘(1) EXISTING AUTHORITIES.—Nothing in this 
section shall be construed to limit any other author-
ity to use a cybersecurity system or to identify, ob-
tain, or share cyber threat intelligence or cyber 
threat information. 
‘‘(2) LIMITATION
ON
MILITARY
AND
INTEL-
LIGENCE
COMMUNITY
INVOLVEMENT
IN
PRIVATE 
AND PUBLIC SECTOR CYBERSECURITY EFFORTS.— 
Nothing in this section shall be construed to provide 
additional authority to, or modify an existing au-
thority of, the Department of Defense or the Na-
tional Security Agency or any other element of the 
intelligence community to control, modify, require, 
or otherwise direct the cybersecurity efforts of a pri-
vate-sector entity or a component of the Federal 
Government or a State, local, or tribal government. 
‘‘(3) INFORMATION SHARING RELATIONSHIPS.— 
Nothing in this section shall be construed to— 
‘‘(A) limit or modify an existing informa-
tion sharing relationship; 
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‘‘(B) prohibit a new information sharing 
relationship; 
‘‘(C) require a new information sharing re-
lationship between the Federal Government and 
a private-sector entity; or 
‘‘(D) modify the authority of a department 
or agency of the Federal Government to protect 
sources and methods and the national security 
of the United States. 
‘‘(4) LIMITATION
ON
FEDERAL
GOVERNMENT 
USE OF CYBERSECURITY SYSTEMS.—Nothing in this 
section shall be construed to provide additional au-
thority to, or modify an existing authority of, any 
entity to use a cybersecurity system owned or con-
trolled by the Federal Government on a private-sec-
tor system or network to protect such private-sector 
system or network. 
‘‘(5) NO LIABILITY FOR NON-PARTICIPATION.— 
Nothing in this section shall be construed to subject 
a protected entity, self-protected entity, cyber secu-
rity provider, or an officer, employee, or agent of a 
protected entity, self-protected entity, or cybersecu-
rity provider, to liability for choosing not to engage 
in the voluntary activities authorized under this sec-
tion. 
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‘‘(6) USE AND RETENTION OF INFORMATION.— 
Nothing in this section shall be construed to author-
ize, or to modify any existing authority of, a depart-
ment or agency of the Federal Government to retain 
or use information shared pursuant to subsection 
(b)(1) for any use other than a use permitted under 
subsection (c)(1). 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AVAILABILITY.—The term ‘availability’ 
means ensuring timely and reliable access to and use 
of information. 
‘‘(2) CERTIFIED ENTITY.—The term ‘certified 
entity’ means a protected entity, self-protected enti-
ty, or cybersecurity provider that— 
‘‘(A) possesses or is eligible to obtain a se-
curity clearance, as determined by the Director 
of National Intelligence; and 
‘‘(B) is able to demonstrate to the Director 
of National Intelligence that such provider or 
such entity can appropriately protect classified 
cyber threat intelligence. 
‘‘(3) CONFIDENTIALITY.—The term ‘confiden-
tiality’ means preserving authorized restrictions on 
access and disclosure, including means for protecting 
personal privacy and proprietary information. 
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‘‘(4) CYBER THREAT INFORMATION.— 
‘‘(A) IN
GENERAL.—The term ‘cyber 
threat information’ means information directly 
pertaining to— 
‘‘(i) a vulnerability of a system or net-
work of a government or private entity; 
‘‘(ii) a threat to the integrity, con-
fidentiality, or availability of a system or 
network of a government or private entity 
or any information stored on, processed on, 
or transiting such a system or network; 
‘‘(iii) efforts to deny access to or de-
grade, disrupt, or destroy a system or net-
work of a government or private entity; or 
‘‘(iv) efforts to gain unauthorized ac-
cess to a system or network of a govern-
ment or private entity, including to gain 
such unauthorized access for the purpose 
of exfiltrating information stored on, proc-
essed on, or transiting a system or network 
of a government or private entity. 
‘‘(B) EXCLUSION.—Such term does not in-
clude information pertaining to efforts to gain 
unauthorized access to a system or network of 
a government or private entity that solely in-
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volve violations of consumer terms of service or 
consumer licensing agreements and do not oth-
erwise constitute unauthorized access. 
‘‘(5) CYBER THREAT INTELLIGENCE.— 
‘‘(A) IN
GENERAL.—The term ‘cyber 
threat intelligence’ means intelligence in the 
possession of an element of the intelligence 
community directly pertaining to— 
‘‘(i) a vulnerability of a system or net-
work of a government or private entity; 
‘‘(ii) a threat to the integrity, con-
fidentiality, or availability of a system or 
network of a government or private entity 
or any information stored on, processed on, 
or transiting such a system or network; 
‘‘(iii) efforts to deny access to or de-
grade, disrupt, or destroy a system or net-
work of a government or private entity; or 
‘‘(iv) efforts to gain unauthorized ac-
cess to a system or network of a govern-
ment or private entity, including to gain 
such unauthorized access for the purpose 
of exfiltrating information stored on, proc-
essed on, or transiting a system or network 
of a government or private entity. 
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‘‘(B) EXCLUSION.—Such term does not in-
clude intelligence pertaining to efforts to gain 
unauthorized access to a system or network of 
a government or private entity that solely in-
volve violations of consumer terms of service or 
consumer licensing agreements and do not oth-
erwise constitute unauthorized access. 
‘‘(6) CYBERSECURITY
CRIME.—The term ‘cy-
bersecurity crime’ means— 
‘‘(A) a crime under a Federal or State law 
that involves— 
‘‘(i) efforts to deny access to or de-
grade, disrupt, or destroy a system or net-
work; 
‘‘(ii) efforts to gain unauthorized ac-
cess to a system or network; or 
‘‘(iii) efforts to exfiltrate information 
from a system or network without author-
ization; or 
‘‘(B) the violation of a provision of Federal 
law relating to computer crimes, including a 
violation of any provision of title 18, United 
States Code, created or amended by the Com-
puter Fraud and Abuse Act of 1986 (Public 
Law 99–474). 
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processed on, or transiting a system or 
network. 
‘‘(B) EXCLUSION.—Such term does not in-
clude the purpose of protecting a system or net-
work from efforts to gain unauthorized access 
to such system or network that solely involve 
violations of consumer terms of service or con-
sumer licensing agreements and do not other-
wise constitute unauthorized access. 
‘‘(9) CYBERSECURITY SYSTEM.— 
‘‘(A) IN GENERAL.—The term ‘cybersecu-
rity system’ means a system designed or em-
ployed to ensure the integrity, confidentiality, 
or availability of, or safeguard, a system or net-
work, including protecting a system or network 
from— 
‘‘(i) a vulnerability of a system or net-
work; 
‘‘(ii) a threat to the integrity, con-
fidentiality, or availability of a system or 
network or any information stored on, 
processed on, or transiting such a system 
or network; 
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‘‘(iii) efforts to deny access to or de-
grade, disrupt, or destroy a system or net-
work; or 
‘‘(iv) efforts to gain unauthorized ac-
cess to a system or network, including to 
gain such unauthorized access for the pur-
pose of exfiltrating information stored on, 
processed on, or transiting a system or 
network. 
‘‘(B) EXCLUSION.—Such term does not in-
clude a system designed or employed to protect 
a system or network from efforts to gain unau-
thorized access to such system or network that 
solely involve violations of consumer terms of 
service or consumer licensing agreements and 
do not otherwise constitute unauthorized access. 
‘‘(10) INTEGRITY.—The term ‘integrity’ means 
guarding against improper information modification 
or destruction, including ensuring information non-
repudiation and authenticity. 
‘‘(11) PROTECTED
ENTITY.—The term ‘pro-
tected entity’ means an entity, other than an indi-
vidual, that contracts with a cybersecurity provider 
for goods or services to be used for cybersecurity 
purposes. 
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‘‘(12) SELF-PROTECTED
ENTITY.—The term 
‘self-protected entity’ means an entity, other than an 
individual, that provides goods or services for cyber-
security purposes to itself. 
‘‘(13) UTILITY.—The term ‘utility’ means an 
entity providing essential services (other than law 
enforcement or regulatory services), including elec-
tricity, natural gas, propane, telecommunications, 
transportation, water, or wastewater services.’’. 
(b) PROCEDURES AND GUIDELINES.—The Director 
of National Intelligence shall— 
(1) not later than 60 days after the date of the 
enactment of this Act, establish procedures under 
paragraph (1) of section 1104(a) of the National Se-
curity Act of 1947, as added by subsection (a) of 
this section, and issue guidelines under paragraph 
(3) of such section 1104(a); 
(2) in establishing such procedures and issuing 
such guidelines, consult with the Secretary of Home-
land Security to ensure that such procedures and 
such guidelines permit the owners and operators of 
critical infrastructure to receive all appropriate cyber 
threat intelligence (as defined in section 1104(h)(3) 
of such Act, as added by subsection (a)) in the pos-
session of the Federal Government; and 
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(3) following the establishment of such proce-
dures and the issuance of such guidelines, expedi-
tiously distribute such procedures and such guide-
lines to appropriate departments and agencies of the 
Federal Government, private-sector entities, and 
utilities (as defined in section 1104(h)(9) of such 
Act, as added by subsection (a)). 
(c) INITIAL REPORT.—The first report required to be 
submitted under subsection (e) of section 1104 of the Na-
tional Security Act of 1947, as added by subsection (a) 
of this section, shall be submitted not later than 1 year 
after the date of the enactment of this Act. 
(d) TABLE OF CONTENTS AMENDMENT.—The table 
of contents in the first section of the National Security 
Act of 1947 is amended by adding at the end the following 
new item: 
‘‘Sec. 1104. Cyber threat intelligence and information sharing.’’. 
SEC. 3. SUNSET. 
Effective on the date that is 5 years after the date 
of the enactment of this Act— 
(1) section 1104 of the National Security Act of 
1947, as added by section 2(a) of this Act, is re-
pealed; and 
(2) the table of contents in the first section of 
the National Security Act of 1947, as amended by 
section 2(d) of this Act, is amended by striking the 
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item relating to section 1104, as added by such sec-
tion 2(d). 
Passed the House of Representatives April 26, 2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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