H. Rept. 113-41 - 113th Congress (2013-2014)
April 16, 2013, As Reported by the Rules Committee

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House Report 113-41 - PROVIDING 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




[House Report 113-41]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-41

======================================================================

 
 PROVIDING 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

                                _______
                                

   April 16, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Woodall, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 164]

    The Committee on Rules, having had under consideration 
House Resolution 164, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 624, the 
Cyber Intelligence Sharing and Protection Act, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Permanent Select Committee on 
Intelligence. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 113-7 and provides that it shall be considered 
as read. The resolution waives all points of order against the 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this 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. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 20

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #11, offered by Rep. Schiff 
(CA), Rep. Eshoo (CA), Rep. Holt (NJ), Rep. Schakowsky (IL) and 
Rep. Thompson (MS), which requires that private entities 
sharing information with the government or other private 
entities under the bill make ``reasonable efforts'' to remove 
Personally Identifiable Information of persons unrelated to the 
cyber threat. Defeated: 4-9.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole of Oklahoma............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 21

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers for amendment #31, offered by Rep. Amash 
(MI), Rep. Radel (FL), Rep. Broun (GA), Rep. Massie (KY), Rep. 
Polis (CO) and Rep. DeSantis (FL), which permits an entity to 
provide through enforceable contract that it will not share 
personally identifiable information with the federal 
government. Defeated: 5-8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole of Oklahoma............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 22

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers for amendment #20, offered by Rep. Polis 
(CO) and Rep. Amash (MI), which limits the federal government's 
use of data only for cybersecurity purposes pursuant to the 
title and purpose of the bill. The amendment also narrows the 
law enforcement exception to only instances of ``imminent'' 
danger; and amendment #23, offered by Rep. Schakowsky (IL), 
Rep. DeGette (CO), Rep. Jackson Lee (TX), Rep. Schiff (CA), 
Rep. Polis (CO) and Rep. Thompson (MS), which requires that the 
first point of sharing information with the federal government 
must be with a civilian agency, ensuring that the U.S. military 
or defense agencies do not directly collect or receive cyber 
information on American citizens. Defeated: 4-9.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole of Oklahoma............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Rogers, Mike (MI): MANAGER'S AMENDMENT. Corrects 
reported language concerning a reference in subsection (c)(4) 
to the procedures created in (c)(7). (10 minutes)
    2. Connolly (VA): Further defines how classified cyber 
threat intelligence may be shared and used. Adds an additional 
provision stipulating that classified threat intelligence may 
only be used, retained, or further disclosed by a certified 
entity only for cybersecurity purposes. (10 minutes)
    3. Schneider, Bradley (IL): Clarifies that independent 
contractors are eligible for security clearances for purposes 
of employment to handle cyber threat intelligence and cyber 
threat information. (10 minutes)
    4. Langevin (RI): Replaces the term ``local'' with 
``political subdivision'', which allows the inclusion of 
utility ``districts'' that would not otherwise be covered but 
that are intended to be covered in the bill. (10 minutes)
    5. Conyers (MI), Schakowsky (IL), Jackson Lee (TX), 
Johnson, Hank (GA), Holt (NJ): Amends liabilty exemption to 
exclude ``decisions made'' from coverage. (10 minutes)
    6. Amash (MI), Massie (KY), Polis (CO), Broun (GA): 
Prohibits the federal government from using, inter alia, 
library records, firearms sales records, and tax returns that 
it receives from private entities under CISPA. (10 minutes)
    7. Sinema, Kyrsten (AZ): Adds the Inspector General (IG) of 
DHS to the omnibus IG reporting requirement. Adds the DHS IG to 
rest of the group responsible for submitting an annual report 
to Congress. Adds the House Committee on Homeland Security and 
the Senate Committee on Homeland Security and Governmental 
Affairs to the recipients of the report. (10 minutes)
    8. Sanchez, Loretta (CA): Inserts language that would 
include the Privacy Officer and the Officer for Civil Rights 
and Civil Liberties of the Department of Homeland Security in 
issuing a report on assessing the privacy and civil liberties 
impact of this bill. (10 minutes)
    9. LaMalfa, Doug (CA), Rogers, Mike (MI): Makes clear that 
nothing in this bill authorizes the government to target a US 
person for surveillance. (10 minutes)
    10. Paulsen (MN): Establishes the sense of congress that 
international cooperation should be encouraged where possible 
in regards to cyber security. (10 minutes)
    11. Barton (TX): Clarifies that companies sharing cyber 
threat information with other companies cannot treat this 
sharing relationship as a loophole to sell a consumer's 
personal information for a marketing purpose. (10 minutes)
    12. Jackson Lee (TX): Clarifies that cyber security service 
providers need only provide information about cyber security 
incidents if they pose a threat to the government's information 
and protects individuals' private data from being accessed by 
the government solely because it is stored by a company that 
provides information services to a government agency (10 
minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Rogers of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 12, beginning line 15, strike ``unless such information 
is used in accordance with the policies and procedures 
established under paragraph (7)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 15, strike ``and''.
  Page 2, line 18, strike the period and insert ``; and''.
  Page 2, after line 18, insert the following:
                  ``(D) used, retained, or further disclosed by 
                a certified entity for cybersecurity 
                purposes.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Schneider of Illinois 
               or His Designee, Debatable for 10 Minutes

  Page 3, beginning on line 2, strike ``employee or officer'' 
and insert ``employee, independent contractor, or officer''.
                              ----------                              


   4. An Amendment To Be Offered by Representative Langevin of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 8, line 16, strike ``a State, local, or tribal law or 
regulation'' and insert ``a law or regulation of a State, 
political subdivision of a State, or a tribe''.
                              ----------                              


5. An Amendment To Be Offered by Representative Conyers Jr. of Michigan 
               or His Designee, Debatable for 10 Minutes

  Page 9, beginning on line 2, strike ``good faith'' and all 
that follows through ``for using'' and insert ``good faith, for 
using''.
  Page 9, line 6, strike ``; or'' and insert a period.
  Page 9, strike lines 7 through 10.
                              ----------                              


 6. An Amendment To Be Offered by Representative Amash of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 12, beginning on line 15, strike ``unless such 
information is used in accordance with the policies and 
procedures established under paragraph (7)''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Sinema of Arizona or 
                 Her Designee, Debatable for 10 Minutes

  Page 17, line 17, insert ``Department of Homeland Security 
and the Inspector General of the'' before ``Intelligence 
Community''.
  Page 17, line 21, insert ``jointly and'' before ``annually''.
  Page 17, line 22, strike ``congressional intelligence 
committees'' and insert ``the Committee on Homeland Security of 
the House of Representatives, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the 
congressional intelligence committees''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Sanchez of California 
               or Her Designee, Debatable for 10 Minutes

  Page 18, beginning on line 24, strike ``Director of National 
Intelligence and'' and insert ``Director of National 
Intelligence,''.
  Page 19, line 1, insert ``and the Privacy Officer and the 
Officer for Civil Rights and Civil Liberties of the Department 
of Homeland,'' after ``Justice,''.
                              ----------                              


 9. An Amendment To Be Offered by Representative LaMalfa of California 
               or His Designee, Debatable for 10 Minutes

  Page 22, after line 7 insert the following:
          ``(7) Limitation on surveillance.--Nothing in this 
        section shall be construed to authorize the Department 
        of Defense or the National Security Agency or any other 
        element of the intelligence community to target a 
        United States person for surveillance.
                              ----------                              


 10. An Amendment To Be Offered by Representative Paulsen of Minnesota 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL COOPERATION.

  It is the sense of Congress that international cooperation 
with regard to cybersecurity should be encouraged wherever 
possible under this Act and the amendments made by this Act.
                              ----------                              


11. An Amendment To Be Offered by Representative Barton of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 4. RULE OF CONSTRUCTION RELATING TO CONSUMER DATA.

  Nothing in this Act or the amendments made by this Act shall 
be construed to provide new or alter any existing authority for 
an entity to sell personal information of a consumer to another 
entity for marketing purposes.
                              ----------                              


 12. An Amendment To Be Offered by Representative Jackson Lee of Texas 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 4. SAVINGS CLAUSE WITH REGARD TO CYBERSECURITY PROVIDER OBLIGATION 
                    TO REPORT CYBER THREAT INCIDENT INFORMATION TO 
                    FEDERAL GOVERNMENT.

  Nothing in this Act or the amendments made by this Act shall 
be construed to provide authority to a department or agency of 
the Federal Government to require a cybersecurity provider that 
has contracted with the Federal Government to provide 
information services to provide information about cybersecurity 
incidents that do not pose a threat to the Federal Government's 
information.