H.R. 3523 - Cyber Intelligence Sharing and Protection Act

Cyber Intelligence Sharing and Protection Act

H.R. 3523 — 112^th Congress (2011–2012)

Keywords

CISPA

Summary

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. (by CRS)

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Title

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.

Other Titles

• Cyber Intelligence Sharing and Protection Act of 2011
• Cyber Intelligence Sharing and Protection Act
• Cyber Intelligence Sharing and Protection Act

Sponsor

Mike Rogers

Co-Sponsors

• Mark Amodei
• Steve Austria
• Joe Baca
• Michele Bachmann
• Spencer Bachus
• Roscoe Bartlett
• Dan Benishek
• Brian Bilbray
• Marsha Blackburn
• Mary Bono Mack
• Madeleine Bordallo
• Dan Boren
• Leonard Boswell
• Mo Brooks
• Paul Broun
• Michael Burgess
• Ken Calvert
• Dave Camp
• Dennis Cardoza
• John Carter
• Ben Chandler
• Mike Coffman
• Tom Cole
• K. Conaway
• Jim Cooper
• Jim Costa
• Eric Crawford
• Henry Cuellar
• Geoff Davis
• Norman Dicks
• Anna Eshoo
• Charles Fleischmann
• J. Forbes
• Trent Franks
• Rodney Frelinghuysen
• Phil Gingrey
• Bob Goodlatte
• H. Griffith
• Michael Grimm
• Brett Guthrie
• Luis Gutierrez
• Ralph Hall
• Vicky Hartzler
• Alcee Hastings
• Doc Hastings
• Joseph Heck
• Bill Huizenga
• Randy Hultgren
• Robert Hurt
• Darrell Issa
• Bill Johnson
• Peter King
• Adam Kinzinger
• Larry Kissell
• John Kline
• Doug Lamborn
• Leonard Lance
• James Langevin
• Rick Larsen
• Robert Latta
• Frank LoBiondo
• Michael McCaul
• Patrick McHenry
• Mike McIntyre
• Howard McKeon
• David McKinley
• Cathy McMorris Rodgers
• Patrick Meehan
• Michael Michaud
• Candice Miller
• Gary Miller
• Jeff Miller
• Mick Mulvaney
• Sue Myrick
• Kristi Noem
• Devin Nunes
• Pete Olson
• William Owens
• Collin Peterson
• Joseph Pitts
• Mike Pompeo
• Ben Quayle
• David Roe
• Mike Rogers
• Thomas Rooney
• Ileana Ros-Lehtinen
• Mike Ross
• Jon Runyan
• C. Ruppersberger
• Steve Scalise
• Aaron Schock
• John Shimkus
• Heath Shuler
• Bill Shuster
• Albio Sires
• Adrian Smith
• Clifford Stearns
• Steve Stivers
• John Sullivan
• Lee Terry
• Mike Thompson
• Edolphus Towns
• Michael Turner
• Fred Upton
• Tim Walberg
• Greg Walden
• Lynn Westmoreland
• Joe Wilson
• Robert Wittman
• Frank Wolf
• Rob Woodall
• Kevin Yoder

Subjects

• Armed forces and national security
• Administrative law and regulatory procedures
• Civil actions and liability
• Computer security and identity theft
• Director of National Intelligence
• Federal preemption
• Government information and archives
• Intelligence activities, surveillance, classified information
• Public-private cooperation

Related Bills

• H.Res. 631 (112^th) : Providing for Consideration of the Bill (H.R. 3523) to Provide for the Sharing of Certain Cyber Threat Intelligence and Cyber Threat Information Between the Intelligence Community and Cyber Security Entities, and for Other Purposes; Providing for Consideration of Motions to Suspend the Rules; Providing for Consideration of the Bill (H.R. 4628) to Extend Student Loan Interest Rates for Undergraduate Federal Direct Stafford Loans; and for Other Purposes.

Major Actions

Introduced	11/30/2011
Referred to Committee
Amendments (14 proposed)
Passed House	4/26/2012

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	Amendment 1 to H.R. 3523	4/26/2012	This amendment DID NOT PASS the House 167 voted YES 243 voted NO 22 voted present/not voting
select this vote	House	Amendment 3 to H.R. 3523	4/26/2012	This amendment PASSED the House 412 voted YES 0 voted NO 20 voted present/not voting
select this vote	House	Amendment 4 to H.R. 3523	4/26/2012	This amendment PASSED the House 410 voted YES 3 voted NO 19 voted present/not voting
select this vote	House	Amendment 5 to H.R. 3523	4/26/2012	This amendment PASSED the House 415 voted YES 0 voted NO 17 voted present/not voting
select this vote	House	Amendment 6 to H.R. 3523	4/26/2012	This amendment PASSED the House 416 voted YES 0 voted NO 16 voted present/not voting
select this vote	House	Amendment 10 to H.R. 3523	4/26/2012	This amendment PASSED the House 414 voted YES 1 voted NO 17 voted present/not voting
select this vote	House	Amendment 12 to H.R. 3523	4/26/2012	This amendment PASSED the House 413 voted YES 3 voted NO 16 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 3523 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	4/26/2012	This motion DID NOT PASS the House 183 voted YES 233 voted NO 16 voted present/not voting
currently selected	House	On Passage - House - H.R. 3523 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	4/26/2012	This bill PASSED the House 248 voted YES 168 voted NO 16 voted present/not voting
select this vote	House	On agreeing to the Pompeo amendment (A002) Agreed to by voice vote.	4/26/2012	PASSED by voice vote
select this vote	House	On agreeing to the Flake amendment (A007) Agreed to by voice vote.	4/26/2012	PASSED by voice vote
select this vote	House	On agreeing to the Pompeo amendment (A008) Agreed to by voice vote.	4/26/2012	PASSED by voice vote
select this vote	House	On agreeing to the Woodall amendment (A009) Agreed to by voice vote.	4/26/2012	PASSED by voice vote
select this vote	House	On agreeing to the Turner (OH) amendment (A011) Agreed to by voice vote.	4/26/2012	PASSED by voice vote
select this vote	House	On agreeing to the Richardson amendment (A014) Failed by voice vote.	4/26/2012	DID NOT PASS by voice vote

	Action	Date	Description
	Introduced	11/30/2011
		11/30/2011	Referred to the House Committee on Intelligence (Permanent Select).
		12/01/2011	Committee Consideration and Mark-up Session Held.
	Put on a legislative calendar	12/01/2011	Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 1.
		4/17/2012	Reported (Amended) by the Committee on Intelligence. H. Rept. 112-445.
	Put on a legislative calendar	4/17/2012	Placed on the Union Calendar, Calendar No. 311.
		4/25/2012	Rule provides for consideration of H.R. 3523 with 1 hour of general debate. Motion to recommit with or without instructions allowed. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill. The rule makes in order as original text for purpose of amendment the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-20 and provides that it shall be considered as read. The rule waives all points of order against the amendment in the nature of a substitute. The rule makes in order only those amendments printed in the Rules Committee report. The rule further provides that it shall be in order at any time through the legislative day of April 27, 2012, for the Speaker to entertain motions that the House suspend the rules. The rule provides further for a closed rule for consideration of H.R. 4628. The rule provides one hour of general debate and one motion to recommit. Finally, the rule provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012 recommit. Finally, the rule provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012 file, privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2013.
		4/26/2012	Rule provides for consideration of H.R. 3523 with 1 hour of general debate. Motion to recommit with or without instructions allowed. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill. The rule makes in order as original text for purpose of amendment the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-20 and provides that it shall be considered as read. The rule waives all points of order against the amendment in the nature of a substitute. The rule makes in order only those amendments printed in the Rules Committee report. The rule further provides that it shall be in order at any time through the legislative day of April 27, 2012, for the Speaker to entertain motions that the House suspend the rules. The rule provides further for a closed rule for consideration of H.R. 4628. The rule provides one hour of general debate and one motion to recommit. Finally, the rule provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012 recommit. Finally, the rule provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012 file, privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2013.
		4/26/2012	Rule H. Res. 631 passed House.
		4/26/2012	Considered under the provisions of rule H. Res. 631.
		4/26/2012	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 631 and Rule XVIII.
		4/26/2012	The Speaker designated the Honorable Judy Biggert to act as Chairwoman of the Committee.
		4/26/2012	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3523.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Langevin amendment No. 1.
		4/26/2012	POSTPONED PROCEEDINGS - At the conclusion of debate on the Langevin amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Langevin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Pompeo amendment No. 3.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment No. 4.
		4/26/2012	POSTPONED PROCEEDEINGS - At the conclusion of debate on the Rogers (MI) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Ruppersberger demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Quayle amendment No. 6.
		4/26/2012	POSTPONED PROCEEDINGS - At the conclusion of debate on the Quayle amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Ruppersberger demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Amash amendment No. 7.
		4/26/2012	POSTPONED PROCEEDINGS - At the conclusion of debate on the Amash amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Amash demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney amendment No. 8.
		4/26/2012	POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Mulvaney demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment No. 9.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Pompeo amendment No. 11.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Woodall amendment No. 12.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 13.
		4/26/2012	POSTPONED PROCEEDINGS - At the conclusion of debate on the Goodlatte amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Rogers (MI) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	Mr. Rogers (MI) moved that the committee rise.
		4/26/2012	On motion that the committee rise Agreed to by voice vote.
		4/26/2012	ORDER OF PROCEDURE - Mr. Rogers of Michigan asked unanimous consent that, during further consideration of H.R. 3523 pursuant to H. Res. 631, amendments numbered 10 and 5 printed in House Report 112-454 may be considered out of sequence. Agreed to without objection.
		4/26/2012	Committee of the Whole House on the state of the Union rises leaving H.R. 3523 as unfinished business.
		4/26/2012	Considered as unfinished business.
		4/26/2012	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Turner (OH) amendment No. 14.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Mulvaney amendment No. 15.
		4/26/2012	POSTPONED PROCEEDINGS - At the conclusion of debate on the Mulvaney amendment No. 15, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Mulvaney demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 5.
		4/26/2012	DEBATE - Pursuant to the provisions of H. Res. 631, the Committee of the Whole proceeded with 10 minutes of debate on the Richardson amendment No. 10.
		4/26/2012	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3523.
		4/26/2012	The previous question was ordered pursuant to the rule.
		4/26/2012	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
		4/26/2012	Mr. Perlmutter moved to recommit with instructions to Intelligence (Permanent).
		4/26/2012	DEBATE - The House proceeded with 10 minutes of debate on the Perlmutter motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to protect the privacy of Internet passwords by prohibiting employers and the Federal Government from requiring the disclosure of confidential passwords by an employee or job applicant. It would also protect freedom of expression on the Internet by prohibiting the Federal Government from establishing a national firewall similar to the "Great Internet Firewall of China."
		4/26/2012	The previous question on the motion to recommit with instructions was ordered without objection.
		4/26/2012	Motion to reconsider laid on the table Agreed to without objection.
		4/26/2012	The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3523.
		4/26/2012	UNANIMOUS CONSENT - Mr. Mike Rogers (MI) asked unanimous consent that in the engrossment of H.R. 3523, the Clerk be authorized to make the change placed at the desk as follows: Insert "deny access to or" before "degrade" in each place it appears. Agreed to without objection.
select this vote	Vote	4/26/2012	Amendment 1 to H.R. 3523
select this vote	Vote	4/26/2012	Amendment 3 to H.R. 3523
select this vote	Vote	4/26/2012	Amendment 4 to H.R. 3523
select this vote	Vote	4/26/2012	Amendment 5 to H.R. 3523
select this vote	Vote	4/26/2012	Amendment 6 to H.R. 3523
select this vote	Vote	4/26/2012	Amendment 10 to H.R. 3523
select this vote	Vote	4/26/2012	Amendment 12 to H.R. 3523
select this vote	Vote	4/26/2012	On Motion to Recommit with Instructions: H.R. 3523 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
currently selected	House Vote on Passage	4/26/2012	On Passage - House - H.R. 3523 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
		4/26/2012	Amendment (A001) offered by Mr. Langevin.
		4/26/2012	Amendment (A002) offered by Mr. Pompeo.
select this vote	Vote	4/26/2012	On agreeing to the Pompeo amendment (A002) Agreed to by voice vote.
		4/26/2012	Amendment (A003) offered by Mr. Rogers (MI).
		4/26/2012	Amendment (A004) offered by Mr. Quayle.
		4/26/2012	Amendment (A005) offered by Mr. Amash.
		4/26/2012	Amendment (A006) offered by Mr. Mulvaney.
		4/26/2012	Amendment (A007) offered by Mr. Flake.
select this vote	Vote	4/26/2012	On agreeing to the Flake amendment (A007) Agreed to by voice vote.
		4/26/2012	Amendment (A008) offered by Mr. Pompeo.
select this vote	Vote	4/26/2012	On agreeing to the Pompeo amendment (A008) Agreed to by voice vote.
		4/26/2012	Amendment (A009) offered by Mr. Woodall.
select this vote	Vote	4/26/2012	On agreeing to the Woodall amendment (A009) Agreed to by voice vote.
		4/26/2012	Amendment (A010) offered by Mr. Goodlatte.
		4/26/2012	Amendment (A011) offered by Mr. Turner (OH).
select this vote	Vote	4/26/2012	On agreeing to the Turner (OH) amendment (A011) Agreed to by voice vote.
		4/26/2012	Amendment (A012) offered by Mr. Mulvaney.
		4/26/2012	Amendment (A013) offered by Ms. Jackson Lee (TX).
		4/26/2012	By unanimous consent, the Jackson Lee (TX) amendment was withdrawn.
		4/26/2012	Amendment (A014) offered by Ms. Richardson.
select this vote	Vote	4/26/2012	On agreeing to the Richardson amendment (A014) Failed by voice vote.
		5/07/2012	Received in the Senate and Read twice and referred to the Select Committee on Intelligence.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 1019	Langevin, James [D-RI2]	April 26, 2012	Failed by roll call vote on April 26, 2012.
	Amendment sought to expand eligibility to participate in the voluntary information sharing program created in the bill to include critical infrastructure owners and operators, which allows entities that are not entirely privately owned, such as airports, utilities, and public transit systems, to receive vital cybersecurity information and better secure their networks against cyber threats. Show amendment details
select this vote	H. Amdt. 1020	Pompeo, Mike [R-KS4]	April 26, 2012	Passed by voice vote on April 26, 2012.
	Amendment makes clear that the liability protection in the bill extends only to the identification and acquisition of cyberthreat information and no further. Show amendment details
select this vote	H. Amdt. 1021	Rogers, Mike [R-MI8]	April 26, 2012	Passed by roll call vote on April 26, 2012.
	Amendment clarifies that regulatory information already required to be provided remains obtainable under the Freedom of Information Act. Show amendment details
select this vote	H. Amdt. 1022	Quayle, Ben [R-AZ3]	April 26, 2012	Passed by roll call vote on April 26, 2012.
	Amendment limits government use of shared cyber threat information to only 5 purposes: (1) cybersecurity; (2) investigation and prosecution of cybersecurity crimes; (3) protection of individuals from the danger of death or physical injury; (4) protection of minors from physical or psychological harm; and (5) protection of the national security of the United States. Show amendment details
select this vote	H. Amdt. 1023	Amash, Justin [R-MI3]	April 26, 2012	Passed by roll call vote on April 26, 2012.
	Amendment prohibits the federal government from using library and book records, information on gun sales, tax records, educational records and medical records that it receives from private entities under CISPA. Show amendment details
select this vote	H. Amdt. 1024	Mulvaney, Mick [R-SC5]	April 26, 2012	Passed by roll call vote on April 26, 2012.
	Amendment provides authority to the Federal Government to create reasonable procedures to protect privacy and civil liberties, consistent with the need of the Government to protect federal systems and cybersecurity and would also prohibit the Federal Government from retaining or using information shared pursuant to paragraph (b)(1) for anything other than a use permitted under the bill. Show amendment details
select this vote	H. Amdt. 1025	Flake, Jeff [R-AZ]	April 26, 2012	Passed by voice vote on April 26, 2012.
	Amendment adds a requirement to include a list of all federal agencies receiving information shared with the government in the report by the Inspector General of the Intelligence Community required under the legislation. Show amendment details
select this vote	H. Amdt. 1026	Pompeo, Mike [R-KS4]	April 26, 2012	Passed by voice vote on April 26, 2012.
	An amendment numbered 11 printed in House Report 112-454 to clarify that nothing in the bill would alter existing authorities or provide new authority to any federal agency, including DOD, NSA, DHS or the Intelligence Community to install, employ, or otherwise use cybersecurity systems on private sector networks. Show amendment details
select this vote	H. Amdt. 1027	Woodall, Rob [R-GA7]	April 26, 2012	Passed by voice vote on April 26, 2012.
	An amendment numbered 12 printed in House Report 112-454 to ensure that those who choose not to participate in the voluntary program authorized by this bill are not subject to new liabilities. Show amendment details
select this vote	H. Amdt. 1028	Goodlatte, Bob [R-VA6]	April 26, 2012	Passed by roll call vote on April 26, 2012.
	Amendment narrows definitions in the bill regarding what information may be identified, obtained, and shared. Show amendment details
select this vote	H. Amdt. 1029	Turner, Michael [R-OH10]	April 26, 2012	Passed by voice vote on April 26, 2012.
	Amendment makes a technical correction to definitions in Section 2(g) to provide consistency with other cyber security policies within the Executive branch and the Department of Defense. Show amendment details
select this vote	H. Amdt. 1030	Mulvaney, Mick [R-SC5]	April 26, 2012	Passed by roll call vote on April 26, 2012.
	Amendment sunsets the provisions of the bill five years after the date of enactment. Show amendment details
	H. Amdt. 1031	Jackson Lee, Sheila [D-TX18]	April 26, 2012	Withdrawn on April 26, 2012.
	An amendment numbered 5 printed in House Report 112-454 to authorize the Secretary to intercept and deploy countermeasure with regard to system traffic for cybersecurity purposes in effect identification of cybersecurity risks to federal systems. Show amendment details
select this vote	H. Amdt. 1032	Richardson, Laura [D-CA37]	April 26, 2012	Failed by voice vote on April 26, 2012.
	Amendment sought to make explicit that nothing in the legislation would prohibit a department or agency of the federal government from providing cyber threat information to owners and operators of critical infrastructure. Show amendment details