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

CISPA - Armed forces and national security. 112th Congress (2011-2012) View bill details
Sponsor:
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) 
Status:
The bill was voted on in the House on April 26, 2012 
Amendments:
14 proposed amendments. 11 accepted. 2 rejected. View amendments 
House Vote: On Passage

PASSED on April 26, 2012.

1/2 required to pass

voted YES: 248 voted NO: 168
16 voted present/not voting

Other Votes:

Cyber Intelligence Sharing and Protection Act

H.R. 3523 — 112th 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)
Learn More
At OpenCongress
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
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
Major Actions
Introduced11/30/2011
Referred to Committee
Amendments (14 proposed)
Passed House4/26/2012
Bill History
Chamber/CommitteeMotionDateResult
select this voteHouseAmendment 1 to H.R. 35234/26/2012This amendment DID NOT PASS the House
167 voted YES 243 voted NO 22 voted present/not voting
select this voteHouseAmendment 3 to H.R. 35234/26/2012This amendment PASSED the House
412 voted YES 0 voted NO 20 voted present/not voting
select this voteHouseAmendment 4 to H.R. 35234/26/2012This amendment PASSED the House
410 voted YES 3 voted NO 19 voted present/not voting
select this voteHouseAmendment 5 to H.R. 35234/26/2012This amendment PASSED the House
415 voted YES 0 voted NO 17 voted present/not voting
select this voteHouseAmendment 6 to H.R. 35234/26/2012This amendment PASSED the House
416 voted YES 0 voted NO 16 voted present/not voting
select this voteHouseAmendment 10 to H.R. 35234/26/2012This amendment PASSED the House
414 voted YES 1 voted NO 17 voted present/not voting
select this voteHouseAmendment 12 to H.R. 35234/26/2012This amendment PASSED the House
413 voted YES 3 voted NO 16 voted present/not voting
select this voteHouseOn 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 purposes4/26/2012This motion DID NOT PASS the House
183 voted YES 233 voted NO 16 voted present/not voting
currently selectedHouseOn 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 purposes4/26/2012This bill PASSED the House
248 voted YES 168 voted NO 16 voted present/not voting
select this voteHouseOn agreeing to the Pompeo amendment (A002) Agreed to by voice vote.4/26/2012PASSED by voice vote
select this voteHouseOn agreeing to the Flake amendment (A007) Agreed to by voice vote.4/26/2012PASSED by voice vote
select this voteHouseOn agreeing to the Pompeo amendment (A008) Agreed to by voice vote.4/26/2012PASSED by voice vote
select this voteHouseOn agreeing to the Woodall amendment (A009) Agreed to by voice vote.4/26/2012PASSED by voice vote
select this voteHouseOn agreeing to the Turner (OH) amendment (A011) Agreed to by voice vote.4/26/2012PASSED by voice vote
select this voteHouseOn agreeing to the Richardson amendment (A014) Failed by voice vote.4/26/2012DID NOT PASS by voice vote
ActionDateDescription
Introduced11/30/2011
11/30/2011Referred to the House Committee on Intelligence (Permanent Select).
12/01/2011Committee Consideration and Mark-up Session Held.
Put on a legislative calendar12/01/2011Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 1.
4/17/2012Reported (Amended) by the Committee on Intelligence. H. Rept. 112-445.
Put on a legislative calendar4/17/2012Placed on the Union Calendar, Calendar No. 311.
4/25/2012Rule 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.
4/26/2012Rule 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.
4/26/2012Rule H. Res. 631 passed House.
4/26/2012Considered under the provisions of rule H. Res. 631.
4/26/2012House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 631 and Rule XVIII.
4/26/2012The Speaker designated the Honorable Judy Biggert to act as Chairwoman of the Committee.
4/26/2012GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3523.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012DEBATE - 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.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012DEBATE - 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.
4/26/2012DEBATE - 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.
4/26/2012DEBATE - 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.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012Mr. Rogers (MI) moved that the committee rise.
4/26/2012On motion that the committee rise Agreed to by voice vote.
4/26/2012ORDER 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.
4/26/2012Committee of the Whole House on the state of the Union rises leaving H.R. 3523 as unfinished business.
4/26/2012Considered as unfinished business.
4/26/2012The House resolved into Committee of the Whole House on the state of the Union for further consideration.
4/26/2012DEBATE - 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.
4/26/2012DEBATE - 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.
4/26/2012POSTPONED 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.
4/26/2012DEBATE - 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.
4/26/2012DEBATE - 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.
4/26/2012The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3523.
4/26/2012The previous question was ordered pursuant to the rule.
4/26/2012The 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.
4/26/2012Mr. Perlmutter moved to recommit with instructions to Intelligence (Permanent).
4/26/2012DEBATE - 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."
4/26/2012The previous question on the motion to recommit with instructions was ordered without objection.
4/26/2012Motion to reconsider laid on the table Agreed to without objection.
4/26/2012The 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.
4/26/2012UNANIMOUS 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 voteVote4/26/2012Amendment 1 to H.R. 3523
select this voteVote4/26/2012Amendment 3 to H.R. 3523
select this voteVote4/26/2012Amendment 4 to H.R. 3523
select this voteVote4/26/2012Amendment 5 to H.R. 3523
select this voteVote4/26/2012Amendment 6 to H.R. 3523
select this voteVote4/26/2012Amendment 10 to H.R. 3523
select this voteVote4/26/2012Amendment 12 to H.R. 3523
select this voteVote4/26/2012On 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 selectedHouse Vote on Passage4/26/2012On 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
4/26/2012Amendment (A001) offered by Mr. Langevin.
4/26/2012Amendment (A002) offered by Mr. Pompeo.
select this voteVote4/26/2012On agreeing to the Pompeo amendment (A002) Agreed to by voice vote.
4/26/2012Amendment (A003) offered by Mr. Rogers (MI).
4/26/2012Amendment (A004) offered by Mr. Quayle.
4/26/2012Amendment (A005) offered by Mr. Amash.
4/26/2012Amendment (A006) offered by Mr. Mulvaney.
4/26/2012Amendment (A007) offered by Mr. Flake.
select this voteVote4/26/2012On agreeing to the Flake amendment (A007) Agreed to by voice vote.
4/26/2012Amendment (A008) offered by Mr. Pompeo.
select this voteVote4/26/2012On agreeing to the Pompeo amendment (A008) Agreed to by voice vote.
4/26/2012Amendment (A009) offered by Mr. Woodall.
select this voteVote4/26/2012On agreeing to the Woodall amendment (A009) Agreed to by voice vote.
4/26/2012Amendment (A010) offered by Mr. Goodlatte.
4/26/2012Amendment (A011) offered by Mr. Turner (OH).
select this voteVote4/26/2012On agreeing to the Turner (OH) amendment (A011) Agreed to by voice vote.
4/26/2012Amendment (A012) offered by Mr. Mulvaney.
4/26/2012Amendment (A013) offered by Ms. Jackson Lee (TX).
4/26/2012By unanimous consent, the Jackson Lee (TX) amendment was withdrawn.
4/26/2012Amendment (A014) offered by Ms. Richardson.
select this voteVote4/26/2012On agreeing to the Richardson amendment (A014) Failed by voice vote.
5/07/2012Received in the Senate and Read twice and referred to the Select Committee on Intelligence.
NumberSponsorDate OfferedStatus
select this voteH. Amdt. 1019Langevin, James [D-RI2]April 26, 2012Failed 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.

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select this voteH. Amdt. 1020Pompeo, Mike [R-KS4]April 26, 2012Passed 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.

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select this voteH. Amdt. 1021Rogers, Mike [R-MI8]April 26, 2012Passed 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.

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select this voteH. Amdt. 1022Quayle, Ben [R-AZ3]April 26, 2012Passed 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.

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select this voteH. Amdt. 1023Amash, Justin [R-MI3]April 26, 2012Passed 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.

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select this voteH. Amdt. 1024Mulvaney, Mick [R-SC5]April 26, 2012Passed 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.

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select this voteH. Amdt. 1025Flake, Jeff [R-AZ]April 26, 2012Passed 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.

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select this voteH. Amdt. 1026Pompeo, Mike [R-KS4]April 26, 2012Passed 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.

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select this voteH. Amdt. 1027Woodall, Rob [R-GA7]April 26, 2012Passed 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.

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select this voteH. Amdt. 1028Goodlatte, Bob [R-VA6]April 26, 2012Passed by roll call vote on April 26, 2012.

Amendment narrows definitions in the bill regarding what information may be identified, obtained, and shared.

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select this voteH. Amdt. 1029Turner, Michael [R-OH10]April 26, 2012Passed 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.

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select this voteH. Amdt. 1030Mulvaney, Mick [R-SC5]April 26, 2012Passed by roll call vote on April 26, 2012.

Amendment sunsets the provisions of the bill five years after the date of enactment.

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H. Amdt. 1031Jackson Lee, Sheila [D-TX18]April 26, 2012Withdrawn 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.

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select this voteH. Amdt. 1032Richardson, Laura [D-CA37]April 26, 2012Failed 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.

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Includes reported contributions to congressional campaigns of House members in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
Contributions data source: OpenSecrets.org