113 S2588 PCS: Cybersecurity Information Sharing Act of 2014
U.S. Senate
2014-07-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
Short title; table of contents
(a)
This Act may be cited as the
Cybersecurity Information Sharing Act of 2014
.
(b)
The table of contents of this Act is as follows:Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sharing of information by the Federal Government.
Sec. 4. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats.
Sec. 5. Sharing of cyber threat indicators and countermeasures with the Federal Government.
Sec. 6. Protection from liability.
Sec. 7. Oversight of Government activities.
Sec. 8. Construction and preemption.
Sec. 9. Report on cybersecurity threats.
Sec. 10. Conforming amendments.
2.
In this Act:
(1)
The term agency has the meaning given the term in section 3502 of title 44, United States Code.
(2)
The term antitrust laws—
(A)
has the meaning given the term in section 1(a) of the Clayton Act (15 U.S.C. 12(a));
(B)
includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that section 5
of that Act applies to unfair methods of competition; and
(C)
includes any State law that has the same intent and effect as the laws under subparagraphs (A) and
(B).
(3)
Appropriate Federal entities
The term appropriate Federal entities means the following:
(A)
The Department of Commerce.
(B)
The Department of Defense.
(C)
The Department of Energy.
(D)
The Department of Homeland Security.
(E)
The Department of Justice.
(F)
The Department of the Treasury.
(G)
The Office of the Director of National Intelligence.
(4)
The term countermeasure means an action, device, procedure, technique, or other measure applied to an information system
or information that is stored on, processed by, or transiting an
information system that prevents or mitigates a known or suspected
cybersecurity threat or
security vulnerability.
(5)
The term cybersecurity purpose means the purpose of protecting an information system or information that is stored on, processed
by, or transiting an information system from a cybersecurity threat or
security vulnerability.
(6)
The term cybersecurity threat means an action, not protected by the First Amendment to the Constitution of the United States, on
or through an information system that may result in an unauthorized effort
to adversely impact the
security, availability, confidentiality, or integrity of an information
system or information that is stored on, processed by, or transiting an
information system.
(7)
The term cyber threat indicator means information that is necessary to indicate, describe, or identify—
(A)
malicious reconnaissance, including anomalous patterns of communications that appear to be
transmitted for the purpose of gathering technical information related to
a cybersecurity threat or security vulnerability;
(B)
a method of defeating a security control or exploitation of a security vulnerability;
(C)
a security vulnerability;
(D)
a method of causing a user with legitimate access to an information system or information that is
stored on, processed by, or transiting an information system to
unwittingly enable the defeat of a security control or exploitation of a
security vulnerability;
(E)
malicious cyber command and control;
(F)
the actual or potential harm caused by an incident, including information exfiltrated when it is
necessary in order to describe a cybersecurity threat;
(G)
any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise
prohibited by law; or
(H)
any combination thereof.
(8)
(A)
Except as provided in subparagraph (B), the term electronic format means information that is shared through electronic mail, an interactive form on an Internet
website, or a real time, automated process between information systems.
(B)
The term electronic format does not include voice or video communication.
(9)
(A)
The term entity means any private entity, non-Federal government agency or department, or State, tribal, or local
government agency or department (including a political subdivision,
officer, employee, or agent
thereof).
(B)
The term entity includes a government agency or department (including an officer, employee, or agent thereof) of
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, and any other
territory or possession of the United States.
(C)
The term entity does not include a foreign power as defined in section 101(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
(10)
The term Federal entity means a department or agency of the United States, or any component, officer, employee, or agent
of such a department or agency.
(11)
The term information system—
(A)
has the meaning given the term in section 3502 of title 44, United States Code; and
(B)
includes industrial control systems, such as supervisory control and data acquisition systems,
distributed control systems, and programmable logic controllers.
(12)
The term local government means any borough, city, county, parish, town, township, village, or other political subdivision
of a State.
(13)
Malicious cyber command and control
The term malicious cyber command and control means a method for unauthorized remote identification of, access to, or use of, an information
system or information that is stored on, processed by, or transiting an
information system.
(14)
The term malicious reconnaissance means a method for actively probing or passively monitoring an information system for the purpose
of discerning security vulnerabilities of the information system, if such
method is associated with a known or suspected cybersecurity threat.
(15)
The term monitor means to obtain, identify, or otherwise possess information that is stored on, processed by,
or transiting an information system.
(16)
(A)
The term private entity means any individual or private group, organization, proprietorship, partnership, trust,
cooperative, corporation, or other commercial or nonprofit entity,
including
an officer, employee, or agent thereof.
(B)
The term private entity does not include a foreign power as defined in section 101(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
(17)
The term security control means the management, operational, and technical controls used to
protect the confidentiality, integrity, and availability of an information
system or
its information.
(18)
The term security vulnerability means any attribute of hardware, software, process, or procedure that could enable or facilitate
the defeat of a security control.
(19)
The term tribal has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
3.
Sharing of information by the Federal Government
(a)
Consistent with the protection of intelligence sources and methods and the protection of privacy
and civil liberties, the Director of National Intelligence, the Secretary
of Homeland Security, the Secretary of Defense, and the Attorney General,
in consultation with the
heads of the appropriate Federal entities, shall develop and promulgate
procedures to facilitate and promote—
(1)
the timely sharing of classified cyber threat indicators in the possession of the Federal
Government with cleared representatives of appropriate entities;
(2)
the timely sharing with appropriate entities of cyber threat indicators or information in the
possession of the
Federal Government that may be declassified and shared at an unclassified
level; and
(3)
the sharing with appropriate entities, or, if appropriate, public availability, of unclassified,
including
controlled unclassified, cyber threat indicators in the possession of the
Federal Government.
(b)
Development of procedures
(1)
The procedures developed and promulgated under subsection (a) shall—
(A)
ensure the Federal Government has and maintains the capability to share cyber threat indicators in
real time
consistent with the protection of classified information; and
(B)
incorporate, to the greatest extent possible, existing processes and existing roles and
responsibilities of Federal and non-Federal entities for information
sharing by the Federal Government, including sector specific information
sharing and analysis centers.
(2)
In developing the procedures required under this section, the Director of National Intelligence,
the Secretary of Homeland Security, and the Attorney General shall
coordinate with appropriate Federal entities, including the National
Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)), to ensure that effective
protocols
are implemented that will facilitate and promote the sharing of cyber
threat indicators by the Federal Government in a timely manner.
(c)
Not later than 60 days after the date of the enactment of this Act, the Director of National
Intelligence, in
consultation with the heads of the appropriate Federal entities, shall
submit to Congress the procedures required by subsection (a).
4.
Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats
(a)
Authorization for monitoring
(1)
Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes,
monitor—
(A)
the information systems of such private entity;
(B)
the information systems of another entity, upon written consent of such other entity;
(C)
the information systems of a Federal entity, upon written consent of an authorized representative
of the Federal entity; and
(D)
information that is stored on, processed by, or transiting the information systems monitored by the
private entity under this paragraph.
(2)
Nothing in this subsection shall be construed to authorize the monitoring of information systems
other than as provided in this subsection or to limit otherwise lawful
activity.
(b)
Authorization for operation of countermeasures
(1)
Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes,
operate countermeasures that are applied to—
(A)
the information systems of such private entity in order to protect the rights or property of the
private entity;
(B)
the information systems of another entity upon written consent of such entity to protect the
rights or property of such entity; and
(C)
the information systems of a Federal entity upon written consent of an authorized representative
of such Federal entity to protect the rights or property of the Federal
Government.
(2)
Nothing in this subsection shall be construed to authorize the use of countermeasures other than as
provided in this subsection or to limit otherwise lawful activity.
(c)
Authorization for sharing or receiving cyber threat indicators or countermeasures
(1)
Notwithstanding any other provision of law, and for the purposes permitted under this Act, an
entity may, consistent with the protection of classified
information, share with, or receive from, any other entity or the Federal
Government cyber threat indicators and countermeasures.
(2)
Nothing in this subsection shall be construed to authorize the sharing or receiving of cyber threat
indicators or countermeasures other than as provided in this subsection or
to limit otherwise lawful activity.
(d)
Protection and use of information
(1)
An entity or Federal entity monitoring information systems, operating countermeasures, or providing
or receiving
cyber
threat indicators or countermeasures under this section shall implement
and utilize security
controls to protect against unauthorized
access to or acquisition of such cyber threat indicators or
countermeasures.
(2)
Removal of certain personal information
An entity or Federal entity sharing cyber threat indicators pursuant to this Act shall, prior to
such sharing, remove
any information contained within such indicators that the entity or
Federal entity knows at the time of sharing to be
personal information of or identifying a specific person not
directly
related to a cybersecurity threat.
(3)
Use of cyber threat indicators and countermeasures by entities
(A)
Consistent with this Act, cyber threat indicators or
countermeasures shared or
received under this section may, for cybersecurity purposes—
(i)
be used by an entity to monitor or operate countermeasures on its information systems, or
the information systems of another entity or a Federal entity upon the
written
consent of that other entity or that Federal entity; and
(ii)
be otherwise used, retained, and further shared by an entity.
(B)
Nothing in this paragraph shall be construed to authorize the use of cyber threat indicators or
countermeasures other than as provided in this section.
(4)
Use of cyber threat indicators by State, tribal, or local departments or agencies
(A)
(i)
Except as provided in clause (ii), cyber threat indicators shared with a State, tribal, or local
department or agency under this section may, with the prior written
consent of the entity sharing such indicators, be used by a State, tribal,
or local department or agency for the purpose of preventing,
investigating, or prosecuting a computer crime.
(ii)
If the need for immediate use prevents obtaining written consent, such consent may be provided
orally with subsequent documentation of the consent.
(B)
Exemption from disclosure
Cyber threat indicators shared with a State, tribal, or local department or agency under this
section shall be—
(i)
deemed voluntarily shared information; and
(ii)
exempt from disclosure under any State, tribal, or local law requiring disclosure of information or
records.
(C)
State, tribal, and local regulatory authority
(i)
Cyber threat indicators shared with a State, tribal, or local department or agency under this
section may, consistent with State regulatory authority specifically
relating to the prevention or mitigation of cybersecurity threats to
information systems, inform the development or implementation of
regulations relating to such information systems.
(ii)
Such cyber threat indicators shall not otherwise be directly used by any State, tribal, or local
department or agency to regulate the lawful activities of an entity.
(e)
(1)
Except as provided in section 8(e), it shall not be considered a violation of any provision of
antitrust laws for two or more private
entities to exchange or provide cyber threat indicators, or assistance
relating to the prevention, investigation, or mitigation of cybersecurity
threats, for cybersecurity purposes under this Act.
(2)
Paragraph (1) shall apply only to information that is exchanged or assistance provided in order to
assist with—
(A)
facilitating the prevention, investigation, or mitigation of cybersecurity threats to information
systems or information that is stored on, processed by, or transiting an
information system; or
(B)
communicating or disclosing cyber threat indicators to help prevent, investigate, or mitigate the
effects of cybersecurity threats to information systems or information
that is stored on, processed by, or transiting an information system.
(f)
The sharing of cyber threat indicators with an entity under this Act shall not create a right or
benefit to similar information by such entity or any other entity.
5.
Sharing of cyber threat indicators and countermeasures with the Federal Government
(a)
Requirement for policies and procedures
(1)
Interim policies and procedures
Not later than 60 days after the date of the enactment of this Act, the Attorney General, in
coordination with the
heads of the appropriate Federal entities, shall develop, and submit to
Congress, interim policies and
procedures relating to the receipt of cyber threat indicators and
countermeasures by the Federal Government.
(2)
Final policies and procedures
Not later than 180 days after the date of the enactment of this Act, the Attorney General, in
coordination with the
heads of the appropriate Federal entities, shall promulgate final policies
and procedures relating to the receipt of cyber threat indicators and
countermeasures by the Federal Government.
(3)
Requirements concerning policies and procedures
The policies and procedures developed and promulgated under this subsection shall—
(A)
ensure that cyber threat indicators shared with the Federal Government
by any entity pursuant to section 4, and that are received through the
process described in subsection (c)—
(i)
are shared in real time and simultaneous with such receipt with all of the appropriate Federal
entities;
(ii)
are not subject to any delay, interference, or any other action that could impede real-time receipt
by all of the appropriate Federal entities; and
(iii)
may be provided to other Federal entities;
(B)
ensure that cyber threat indicators shared with the Federal Government
by any entity pursuant to section 4 in a manner other than the process
described in subsection (c)—
(i)
are shared immediately with all of the appropriate Federal entities;
(ii)
are not subject to any unreasonable delay, interference, or any other action that could impede
receipt by all of the appropriate Federal entities; and
(iii)
may be provided to other Federal entities;
(C)
govern, consistent with this Act, any other applicable laws, and the fair information practice
principles set forth in appendix A of the document entitled National Strategy for Trusted Identities in Cyberspace
and published by the President in April, 2011, the retention, use, and dissemination by the
Federal Government of cyber
threat indicators shared with the Federal Government under this Act,
including the extent, if any, to which such cyber threat indicators may be
used by the Federal Government; and
(D)
ensure there is an audit capability and appropriate sanctions in place
for officers, employees, or agents of a Federal entity who knowingly and
willfully conduct activities under this Act in an unauthorized manner.
(b)
Privacy and civil liberties
(1)
Guidelines of Attorney General
The Attorney General shall, in coordination with the
heads of the appropriate Federal agencies and in consultation with
officers designated under section 1062 of the National Security
Intelligence Reform Act of 2004 (42 U.S.C. 2000ee-1), develop and
periodically review
guidelines relating to privacy and civil liberties which shall govern the
receipt, retention, use, and
dissemination of cyber threat indicators by a Federal entity obtained in
connection with activities authorized in this Act.
(2)
The guidelines developed and reviewed under paragraph (1) shall, consistent with the need to
protect information
systems from cybersecurity threats and mitigate cybersecurity threats—
(A)
limit the impact on privacy and civil liberties of activities by the Federal Government under this
Act;(B)limit the receipt, retention, use, and dissemination of cyber threat indicators containing personal
information of or identifying
specific persons, including establishing—(i)a process for the timely destruction of information that is known not to be directly related to
uses authorized under this Act; and(ii)specific limitations on the length of any period in which a cyber threat indicator may be retained;
(C)
include requirements to safeguard cyber threat indicators containing personal information of or
identifying
specific persons from unauthorized access or acquisition, including
appropriate sanctions for activities by officers, employees, or agents of
the Federal Government in contravention of such guidelines;
(D)
include procedures for notifying entities if information received pursuant to this section is known
by a Federal entity receiving the information not to constitute a
cyber threat indicator; and
(E)
protect the confidentiality of cyber threat indicators containing personal information of or
identifying specific persons to the
greatest extent practicable and require recipients to be informed that
such indicators may only be used for purposes authorized under this Act.
(c)
Capability and process within the Department of Homeland Security
(1)
Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland
Security, in
coordination with the heads of the appropriate Federal entities, shall
develop and implement a
capability and process within the Department of Homeland Security that—
(A)
shall accept from any entity in real time cyber threat indicators and countermeasures in an
electronic format, pursuant to this
section;
(B)
shall, upon submittal of the certification under paragraph (2) that such capability and process
fully and
effectively operates as described in such paragraph, be the process
by which the Federal
Government receives cyber threat indicators and countermeasures under this
Act in
an electronic format that are shared by a private entity with the Federal
Government except—
(i)
communications between a Federal entity and a private entity regarding a previously shared cyber
threat indicator;
(ii)
voluntary or legally compelled participation in an open Federal investigation;(iii)information received through an automated malware analysis capability operated by the Federal
Bureau of Investigation that is designed to ensure that information
received through and analysis produced by such
capability is also immediately shared through the capability and process
developed by the Secretary of Homeland Security under this
paragraph;
(iv)
communications with a Federal regulatory authority by regulated entities regarding a cybersecurity
threat; and
(v)
cyber threat indicators or countermeasures shared with a Federal entity as part of a contractual or
statutory
requirement;
(C)
ensures that all of the appropriate Federal entities receive such cyber threat indicators in real
time and simultaneous with receipt through the process within the
Department of Homeland Security; and
(D)
is in compliance with the policies, procedures, and guidelines required by this section.
(2)
Not later than 10 days prior to the implementation of the capability and process required by
paragraph (1), the Secretary of Homeland Security shall, in consultation
with the heads of the appropriate Federal entities, certify to Congress
whether such capability and process fully and effectively operates—
(A)
as the process by which the Federal Government receives from any
entity cyber threat indicators and countermeasures in an electronic
format under this Act; and
(B)
in accordance with the policies, procedures, and guidelines developed under this section.
(3)
The Secretary of Homeland Security shall ensure there is public notice of, and access to, the
capability and process developed and implemented under paragraph (1) so
that any entity may share cyber threat indicators and countermeasures
through such process
with the Federal Government and that all of the appropriate Federal
entities receive such cyber threat indicators and countermeasures in real
time and
simultaneous with receipt through the process within the Department of
Homeland Security.
(4)
The process developed and implemented under paragraph (1) shall ensure that other Federal entities
receive in a timely manner any cyber threat indicators and countermeasures
shared with the
Federal Government through the process created in this subsection.
(5)
(A)
Report on development and implementation
(i)Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland
Security shall submit
to Congress a report on the development and implementation of the
capability and process required by paragraph (1), including a description
of such capability and process and the
public notice of, and access to, such process.
(ii)
The report required by clause (i) shall be submitted in unclassified form, but may include a
classified annex.(B)Report on automated malware analysis capabilityNot later than 1 year after the date of the enactment of this Act, the Director of the Federal
Bureau of Investigation and the Secretary of Homeland Security shall
submit to Congress a report on the implementation of the automated malware
analysis capability described in paragraph (1)(B)(iii), including an
assessment of the feasibility and advisability of transferring the
administration and operation of such capability to the Department of
Homeland Security.
(d)
Information shared with or provided to the Federal Government
(1)
No waiver of privilege or protection
The provision of cyber threat indicators and countermeasures to the Federal Government under this
Act shall
not constitute a waiver of any applicable privilege or protection provided
by law, including trade secret protection.
(2)
A cyber threat indicator or countermeasure provided by an entity to the Federal Government under
this Act shall
be considered the commercial, financial, and proprietary information of
such entity when so designated by such entity.
(3)
Exemption from disclosure
Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall
be—
(A)
deemed voluntarily shared information and exempt from disclosure under section 552 of title 5,
United States Code, and any State, tribal, or local law requiring
disclosure of information or records; and
(B)
withheld, without discretion, from the public under section 552(b)(3)(B) of title 5, United States
Code, and any State, tribal, or local provision of law requiring
disclosure of information or records.
(4)
The provision of cyber threat indicators and countermeasures to the Federal Government under this
Act shall
not be subject to the rules of any Federal agency or department or any
judicial doctrine regarding ex parte communications with a decisionmaking
official.
(5)
Disclosure, retention, and use
(A)
Cyber threat indicators and countermeasures provided to the Federal Government under this Act may
be disclosed to, retained by, and used by, consistent with otherwise
applicable Federal law, any Federal agency or department, component,
officer, employee, or agent of the Federal Government solely for—
(i)
a cybersecurity purpose;
(ii)
the purpose of responding to, or otherwise preventing or mitigating, an imminent threat of death or
serious bodily harm;(iii)the purpose of responding to, or otherwise preventing or mitigating, a serious threat to a minor,
including sexual exploitation and threats to physical safety; or
(iv)
the purpose of preventing, investigating, or
prosecuting an offense arising out of a threat described in clause (ii) or
any of the offenses listed in—
(I)
sections 1028 through 1030 of
title 18, United States Code (relating to fraud and identity theft);
(II)
chapter 37 of such title (relating to espionage and censorship); and
(III)
chapter 90 of such title (relating to protection of trade secrets).
(B)
Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall
not be disclosed to, retained by, or used by any Federal agency or
department for any use not permitted under subparagraph (A).
(C)
Privacy and civil liberties
Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall
be retained, used, and disseminated by the Federal Government—
(i)
in accordance with the policies, procedures, and guidelines required by subsections (a) and (b);
(ii)
in a manner that protects from unauthorized use or disclosure any cyber threat indicators that
may contain personal information of or identifying specific persons; and
(iii)
in a manner that protects the confidentiality of cyber threat indicators containing
information of, or that identifies, a specific person.
(D)
Federal regulatory authority
(i)
Cyber threat indicators and countermeasures provided to the Federal Government under this Act may,
consistent with Federal or State regulatory authority
specifically relating to the prevention or mitigation of cybersecurity
threats to information systems, inform the development or implementation
of regulations relating to such information systems.
(ii)
Cyber threat indicators and countermeasures provided to the Federal Government under this Act
shall not be directly used by any
Federal, State, tribal, or local government department or agency to
regulate the lawful activities of an entity, including
activities relating to monitoring, operation of countermeasures, or
sharing of cyber threat indicators.
(iii)
Procedures developed and implemented under this Act shall not be considered
regulations within the meaning of this subparagraph.
6.
Protection from liability
(a)
Monitoring of information systems
No cause of action shall lie or be maintained in any court against any private entity, and such
action shall be promptly dismissed, for the monitoring of information
systems and information under subsection (a) of section 4 that is
conducted in accordance with this Act.
(b)
Sharing or receipt of cyber threat indicators
No cause of action shall lie or be maintained in any court against any entity, and such action
shall be promptly dismissed, for the sharing or receipt of cyber threat
indicators or countermeasures under subsection (c) of section 4 if—
(1)
such sharing or receipt is
conducted in accordance with this Act; and
(2)
in a case in which a cyber threat indicator or countermeasure is shared with the Federal Government
in an electronic format, the cyber threat indicator or countermeasure is
shared in a manner that is consistent with section 5(c).
(c)
Good faith defense in certain causes of action
If a cause of action is not otherwise dismissed or precluded under subsection (a) or (b), a good
faith reliance by an entity that the conduct complained of was permitted
under this Act shall be a complete defense against any action brought in
any court against such entity.
(d)
Nothing in this section shall be construed to require dismissal of a cause of action against an
entity that has engaged in—
(1)
gross negligence or wilful misconduct in the course of conducting activities authorized by this
Act; or
(2)
conduct that is otherwise not in compliance with the requirements of this Act.
7.
Oversight of Government activities
(a)
Biennial report on implementation
(1)
Not later than 1 year after the date of the enactment of this Act, and not less frequently than
once every 2 years thereafter, the heads of the appropriate Federal
entities shall jointly submit to Congress a detailed report concerning the
implementation of this Act.
(2)
Each report submitted under paragraph (1) shall include the following:
(A)
An assessment of the sufficiency of the policies, procedures, and guidelines required by section 5
in ensuring that cyber threat indicators are shared effectively and
responsibly within the Federal Government.
(B)
An evaluation of the effectiveness of real-time information sharing through the capability and
process developed
under section 5(c), including any impediments to such real-time sharing.
(C)
An assessment of the sufficiency of the procedures developed under section 3 in ensuring that cyber
threat indicators in the possession of the Federal Government are shared
in a timely and adequate manner with appropriate entities, or, if
appropriate, are made publicly available.
(D)
An assessment of whether cyber threat indicators have been properly classified and an accounting of
the number of security clearances authorized by the Federal Government for
the purposes of this Act.
(E)
A review of the type of cyber threat indicators shared with the Federal Government under this Act,
including—
(i)
the degree to which such information may impact the privacy and civil liberties of specific
persons;
(ii)
a quantitative and qualitative assessment of the impact of the sharing of such cyber threat
indicators with
the Federal Government on privacy and civil liberties of specific persons;
and
(iii)
the adequacy of any steps taken by the Federal Government to reduce such impact.
(F)
A review of actions taken by the Federal Government based on cyber threat indicators shared with
the Federal Government under this Act, including the appropriateness of
any subsequent use or dissemination of such cyber threat indicators by a
Federal entity under section 5.
(G)
A description of any significant violations of the requirements of this Act by the Federal
Government.
(H)
A classified summary of the number and type of entities that received classified cyber threat
indicators from the Federal
Government under this Act and an evaluation of the risks and benefits of
sharing such
cyber threat indicators.
(3)
Each report submitted under paragraph (1) may include such recommendations as the heads of the
appropriate Federal entities may have for improvements or
modifications to the authorities and processes under this Act.
(4)
Each report required by paragraph (1) shall be submitted in unclassified form, but shall include a
classified annex.
(b)
Reports on privacy and civil liberties
(1)
Biennial report from Privacy and Civil Liberties Oversight Board
Not later than 2 years after the date of the enactment of this Act and not less frequently than
once
every 2 years thereafter, the Privacy and Civil Liberties Oversight Board
shall submit to Congress and the President a report providing—
(A)
an assessment of the privacy and civil liberties impact of the type of activities carried out under
this Act; and
(B)
an assessment of the sufficiency of the policies, procedures, and guidelines
established pursuant to section 5 in addressing privacy and civil
liberties concerns.
(2)
Biennial report of Inspectors general
(A)
Not later than 2 years after the date of the enactment of this Act and not less frequently than
once every 2 years thereafter, the
Inspector General of the Department of Homeland Security, the Inspector
General of the Intelligence Community, the Inspector General of the
Department of Justice, and the Inspector General of the Department of
Defense shall jointly submit to Congress a report on the receipt, use, and
dissemination of cyber threat indicators and countermeasures that have
been shared with
Federal entities under this Act.
(B)
Each report submitted under subparagraph (A) shall include the following:
(i)
A review of the types of cyber threat indicators shared with Federal entities.
(ii)
A review of the actions taken by Federal entities as a result of the receipt of such cyber threat
indicators.
(iii)
A list of Federal entities receiving such cyber threat indicators.
(iv)
A review of the sharing of such cyber threat indicators among Federal entities to identify
inappropriate barriers to sharing information.
(3)
Each report submitted under this subsection may include such recommendations as the Privacy and
Civil Liberties Oversight Board, with respect to a report submitted under
paragraph (1), or the Inspectors General referred to in paragraph (2)(A),
with respect to a report submitted under paragraph (2), may have for
improvements or modifications to the
authorities under this Act.
(4)
Each report required under this subsection shall be submitted in unclassified form, but may include
a classified annex.
8.
Construction and preemption
(a)
Otherwise lawful disclosures
Nothing in this Act shall be construed to limit or prohibit otherwise lawful disclosures of
communications, records, or other information, including reporting of
known or suspected criminal activity, by an entity to any other
entity or the Federal Government under this Act.
(b)
Whistleblower protections
Nothing in this Act shall be construed to preempt any employee from exercising rights currently
provided under any whistleblower law, rule, or regulation.
(c)
Protection of sources and methods
Nothing in this Act shall be construed—
(1)
as creating any immunity against, or otherwise affecting, any action brought by the Federal
Government, or any agency or department thereof, to enforce any law,
executive order, or procedure governing the appropriate handling,
disclosure, or use of classified information;
(2)
to impact the conduct of authorized law enforcement or intelligence activities; or
(3)
to 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.
(d)
Relationship to other laws
Nothing in this Act shall be construed to affect any requirement under any other provision of law
for an entity to provide information to the Federal Government.
(e)
Nothing in this Act shall be construed to permit price-fixing, allocating a market between
competitors, monopolizing or attempting to monopolize a market,
boycotting, or exchanges of price or cost information, customer lists, or
information regarding future competitive planning.
(f)
Information sharing relationships
Nothing in this Act shall be construed—
(1)
to limit or modify an existing information sharing relationship;
(2)
to prohibit a new information sharing relationship;
(3)
to require a new information sharing relationship between any entity and the Federal Government;
(4)
to require the use of the capability and process within the Department of Homeland Security
developed under section 5(c); or
(5)
to amend, repeal, or supersede any current or future contractual agreement, terms of service
agreement, or other contractual relationship between any entities, or
between any entity and the Federal Government.
(g)
Nothing in this Act shall be construed to permit the Federal Government—
(1)
to require an entity to provide information to the Federal Government; or
(2)
to condition the sharing of cyber threat indicators with an entity on such entity’s provision of
cyber threat indicators to the Federal Government.
(h)
No liability for non-participation
Nothing in this Act shall be construed to subject any entity to liability for choosing not to
engage in the voluntary activities authorized in this Act.
(i)
Use and retention of information
Nothing in this Act shall be construed to authorize, or to modify any existing authority of, a
department or agency of the Federal Government to retain or use any
information shared under this Act for any use other than permitted in this
Act.
(j)
(1)
This Act supersedes any statute or other law of a State or political subdivision of a State that
restricts or otherwise expressly regulates an activity authorized under
this Act.
(2)
Nothing in this Act shall be construed to supersede any statute or other law of a State or
political subdivision of a State concerning the use of authorized law
enforcement practices and procedures.
(k)
Nothing in this Act shall be construed—
(1)
to authorize the promulgation of any regulations not specifically authorized by this Act;
(2)
to establish any regulatory authority not specifically established under Act; or
(3)
to authorize regulatory actions that would duplicate or conflict with regulatory requirements,
mandatory standards, or related processes under Federal law.9.Report on cybersecurity threats(a)Not later than 180 days after the date of the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of other appropriate elements
of the intelligence community, shall submit to the Select Committee on
Intelligence of
the Senate and the Permanent Select Committee on Intelligence of the House
of Representatives a report on cybersecurity threats, including cyber
attacks, theft, and data breaches. Such report shall include the
following:(1)An assessment of the current intelligence sharing and cooperation relationships of the United
States with
other countries regarding cybersecurity threats, including cyber attacks,
theft, and data breaches, directed against the United States and which
threaten the United States national security interests and economy and
intellectual property, specifically identifying the relative utility of
such relationships, which elements of the intelligence community
participate in such relationships, and whether and how
such relationships could be improved.(2)A list and an assessment of the countries and non-state actors that are the primary threats of
carrying out a cybersecurity threat, including a cyber attack, theft, or
data breach, against the United
States and which threaten the United States national security,
economy, and intellectual property.(3)A description of the extent to which the capabilities of the United States Government to respond to
or
prevent cybersecurity threats, including cyber attacks, theft, or data
breaches, directed against the United States private sector are degraded
by a delay in the prompt notification by private entities of such threats
or cyber
attacks, theft, and breaches.(4)An assessment of additional technologies or capabilities that would enhance the ability of the
United States to prevent and to respond to cybersecurity threats,
including
cyber
attacks, theft, and data breaches.(5)An assessment of any technologies or practices utilized by the private sector that could be rapidly
fielded
to assist the intelligence community in preventing and responding to
cybersecurity threats.(b)Intelligence community definedIn this section, the term intelligence community
has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).(c)The report required by subsection (a) shall be made available in classified and unclassified
forms.
10.
(a)Section 552(b) of title 5, United States Code, is amended—
(1)
in paragraph (8), by striking or
at the end;
(2)
in paragraph (9), by striking wells.
and inserting wells; or
; and
(3)
by adding at the end the following:
(10)
information shared with or provided to the Federal Government pursuant to the Cybersecurity Information Sharing Act of 2014.
.(b)Modification of limitation on dissemination of certain information concerning penetrations of
defense contractor networksSection 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239) is amended by inserting at the end the following: The Secretary may share such information with other Federal entities if such information consists
of cyber threat indicators and countermeasures and such information is
shared consistent with the policies and procedures promulgated by the
Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2014.
.
July 10, 2014Read twice and placed on the calendar