Text: H.R.2435 — 107th Congress (2001-2002)All Information (Except Text)

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Introduced in House (07/10/2001)

[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 2435 Introduced in House (IH)]

  1st Session
                                H. R. 2435

     To encourage the secure disclosure and protected exchange of 
 information about cyber security problems, solutions, test practices 
   and test results, and related matters in connection with critical 
                       infrastructure protection.



                             July 10, 2001

  Mr. Tom Davis of Virginia (for himself, Mr. Moran of Virginia, Mr. 
  Isakson, and Mr. Sessions) introduced the following bill; which was 
referred to the Committee on Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned


                                 A BILL

     To encourage the secure disclosure and protected exchange of 
 information about cyber security problems, solutions, test practices 
   and test results, and related matters in connection with critical 
                       infrastructure protection.

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


    This Act may be cited as the ``Cyber Security Information Act''.


    (a) Findings.--Congress finds the following:
            (1)(A) Many information technology computer systems, 
        software programs, and similar facilities are essential to the 
        functioning of markets, commerce, consumer products, utilities, 
        government, and safety and defense systems, in the United 
        States and throughout the world.
            (B) Protecting systems and products against domestic and 
        international attacks or misuse through the Internet, public, 
        or private telecommunications systems, or similar means is a 
        matter of national and global interest.
            (C) Such protection is best accomplished through private 
        sector solutions that are market driven and industry led 
        because the private sector owns, operates, and has developed 
        many of the networks, products, and services that constitute 
        the information infrastructure.
            (D) Government should work cooperatively with industry on a 
        voluntary basis to achieve such protection and should not 
        mandate the private sector use particular technologies, dictate 
        standards, or impose undue costs.
            (2) The prompt, voluntary, candid, and thorough, but secure 
        and protected, disclosure and exchange of information related 
        to the cyber security of entities, systems, and 
                    (A) would greatly enhance the ability of private 
                and public entities to improve their cyber security;
                    (B) would measurably contribute to avoidance of 
                financial risk and loss resulting from disruption or 
                harm to critical institutional elements of the United 
                States economy, including but not limited to securities 
                exchanges, banking and other financial services 
                institutions, communications networks, transportation 
                systems, manufacturing, information technology, health 
                care, government services, and electric utilities and 
                energy providers, or from serious damage to public 
                confidence in such critical institutional elements; and
                    (C) is therefore a vital factor in minimizing any 
                potential cyber security-related disruption to the 
                Nation's critical infrastructure and the consequences 
                for its economic well-being and national security.
            (3) Concern about the potential for legal liability 
        associated with the disclosure and exchange of cyber security 
        information has impeded and continues to impede the secure 
        disclosure and protected exchange of such information.
            (4) The capability to securely disclose and engage in the 
        protected exchange of information relating to cyber security, 
        solutions, test practices, test results, and risk assessments 
        and audits, without undue concern about inappropriate 
        disclosure of that information, is critical to the ability of 
        private and public entities to address cyber security needs in 
        a timely manner.
            (5) The national interest will be served by uniform legal 
        standards in connection with the secure disclosure and 
        protected exchange of cyber security information that will 
        promote appropriate disclosures and exchanges of such 
        information in a timely fashion.
            (6) The ``National Plan for Information Systems Protection, 
        Version 1.0, An Invitation to a Dialogue'', released by the 
        President on January 7, 2000, calls for the Government to 
        assist in seeking changes to applicable laws on ``Freedom of 
        Information, liability, and antitrust where appropriate'' in 
        order to foster industry-wide centers for information sharing 
        and analysis.
    (b) Purposes.--Based upon the powers contained in article 1, 
section 8, clause 3 of the Constitution of the United States, the 
purposes of this Act are--
            (1) to promote the secure disclosure and protected exchange 
        of cyber security information;
            (2) to assist private industry and government in responding 
        effectively and rapidly to cyber security problems;
            (3) to lessen burdens on interstate commerce by 
        establishing certain legal principles in connection with the 
        secure disclosure and protected exchange of cyber security 
        information; and
            (4) to protect the legitimate users of cyber networks and 
        systems, and to protect the privacy and confidentiality of 
        shared information.


    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given to it in subsection (a) 
                of the first section of the Clayton Act (15 U.S.C. 
                12(a)), except that such term includes section 5 of the 
                Federal Trade Commission Act (15 U.S.C. 45) to the 
                extent such section 5 applies to unfair methods of 
                competition; and
                    (B) includes any State law with the same intent and 
                effect as the laws referred to in subparagraph (A).
            (2) Critical infrastructure.--The term ``critical 
        infrastructure'' means facilities or services so vital to the 
        nation or its economy that their disruption, incapacity, or 
        destruction would have a debilitating impact on the defense, 
        security, long-term economic prosperity, or public health or 
        safety of the United States.
            (3) Cyber security information.--
                    (A) In general.--The term ``cyber security 
                information'' means information related to--
                            (i) the ability of any protected system, or 
                        critical infrastructure to resist intentional 
                        interference, compromise, or incapacitation 
                        through the misuse of or unauthorized access to 
                        or use of the Internet, public or private 
                        telecommunications systems, or other similar 
                        conduct that violates Federal, State, or 
                        international law, that harms interstate 
                        commerce of the United States, or that 
                        threatens public health or safety;
                            (ii) any planned or past assessment, 
                        projection or estimate concerning a cyber 
                        security vulnerability of a protected system, 
                        or critical infrastructure;
                            (iii) any planned or past cyber security 
                        testing, risk assessment, or audit;
                            (iv) any planned or past operational 
                        problems or solutions related to the cyber 
                        security of any protected system, or critical 
                        infrastructure; or
                            (v) any immediate threats to the cyber 
                        security of any protected system, or critical 
                    (B) Exclusion.--For the purposes of any action 
                brought under the securities laws, as that term is 
                defined in section 3(a)(47) of the Securities Exchange 
                Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber 
                security information'' does not include information or 
                statements contained in any documents or materials 
                filed with the Securities and Exchange Commission, or 
                with Federal banking regulators, pursuant to section 
                12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 
                781(i)), or disclosures or writing that when made 
                accompanied the solicitation of an offer or sale of 
            (4) Protected system.--The term ``protected system'' 
        includes but is not limited to any system or process deployed 
        in or remotely affecting a critical infrastructure facility 
        consisting of one or more of the following: computer, computer 
        system, network, or any component hardware or element of the 
        foregoing, software program, processing instruction or data in 
        storage, irrespective of the storage medium.
            (5) Information sharing organization; iso.--The terms 
        ``Information Sharing Organization'' and ``ISO'' mean an 
        Information Sharing and Analysis Center (``ISAC'') or any other 
        entity created by private sector organizations for the purpose 
        of sharing cyber security information among such organizations, 
        with or among their individual affiliated members, and with and 
        from State, local, and Federal Government agencies.


    (a) In General.--Cyber security information that is voluntarily 
provided to any Federal entity, agency, or  authority shall not be 
disclosed and must be protected against disclosure.
    (b) Specifics.--This section shall apply to cyber security 
information voluntarily provided--
            (1) directly to the government about its own cyber 
            (2) directly to the government about a third party's cyber 
        security; or
            (3) to an ISO, which is subsequently provided to the 
        government in identifiable form.
    (c) Protections.--Except with the express consent or permission of 
the provider of cyber security information, any cyber security 
information provided pursuant to subsection (b)--
            (1) shall be exempt from disclosure under section 552(a) of 
        title 5, United States Code (commonly known as the ``Freedom of 
        Information Act''), by any Federal entity, agency, and 
            (2) shall not be disclosed to any third party except 
        pursuant to subsection (e)(3); and
            (3) shall not be used by any Federal or State entity, 
        agency, or authority or by any third party, directly or 
        indirectly, in any civil action arising under any Federal or 
        State law.
    (d) Exemptions.--Any disclosure of cyber security information by 
any private entity, or by any Information Sharing Organization as 
defined in section 3(5) of this Act, to any official of an agency of 
the United States in accordance with subsection (b) of this section 
shall not be subject to--
            (1) the requirements of the Federal Advisory Committee Act 
        (5 U.S.C. App.) with regard to notice of meetings and 
        publication of the record of such disclosure; and
            (2) any agency rules regarding ex parte communications with 
        decision making officials.
    (e) Exceptions.--
            (1) Information obtained elsewhere.--Nothing in this 
        section shall preclude a Federal or State entity, agency, or 
        authority, or any third party, from separately obtaining cyber 
        security information through the use of independent legal 
        authorities, and using such separately obtained information in 
        any action.
            (2) Public disclosure.--A restriction on use or disclosure 
        of information under this section shall not apply to any 
        information disclosed generally or broadly to the public.
            (3) Third party information.--A Federal entity, agency, or 
        authority receiving cyber security information from one private 
        entity about another private entity's cyber security shall 
        notify and convey that information to the latter upon its 
        initial receipt, except that such entity, agency, or authority 
        shall not notify the third party if the Government has probable 
        cause to believe that such party has conducted, or may be 
        conducting economic espionage against United States entities 
        within the meaning of the Economic Espionage Act (18 U.S.C. 
        1831 et seq.) or if such entity derives support from any nation 
        currently under a trade embargo.


    (a) Exemption.--Except as provided in subsection (b), the antitrust 
laws shall not apply to conduct engaged in, including making and 
implementing an agreement, solely for the purpose of and limited to--
            (1) facilitating the correction or avoidance of a cyber 
        security-related problem; or
            (2) communication of or disclosing information to help 
        correct or avoid the effects of a cyber security-related 
    (b) Exception to Exemption.--Subsection (a) shall not apply with 
respect to conduct that involves or results in an agreement to boycott 
any person, to allocate a market, or to fix prices or output.


    (a) In General.--
            (1) Working groups.--The President may establish and 
        terminate working groups composed of Federal employees who will 
        engage outside organizations in discussions to address cyber 
        security, to share information related to cyber security, and 
        otherwise to serve the purposes of this Act.
            (2) List of groups.--The President shall maintain and make 
        available to the public a printed and electronic list of such 
        working groups and a point of contact for each, together with 
        an address, telephone number, and electronic mail address for 
        such point of contact.
            (3) Balance.--The President shall seek to achieve a balance 
        of participation and representation among the working groups.
            (4) Meetings.--Each meeting of a working group created 
        under this section shall be announced in advance in accordance 
        with procedures established by the President.
    (b) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the working groups established 
under this section.
    (c) Private Right of Action.--This section creates no private right 
of action to sue for enforcement of any provision of this section.

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