[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1560 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1560

To improve cybersecurity in the United States through enhanced sharing 
  of information about cybersecurity threats, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2015

 Mr. Nunes (for himself, Mr. Schiff, Mr. Westmoreland, and Mr. Himes) 
    introduced the following bill; which was referred to the Select 
              Committee on Intelligence (Permanent Select)

_______________________________________________________________________

                                 A BILL


 
To improve cybersecurity in the United States through enhanced sharing 
  of information about cybersecurity threats, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting Cyber 
Networks Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sharing of cyber threat indicators and defensive measures by 
                            the Federal Government with non-Federal 
                            entities.
Sec. 3. Authorizations for preventing, detecting, analyzing, and 
                            mitigating cybersecurity threats.
Sec. 4. Sharing of cyber threat indicators and defensive measures with 
                            appropriate Federal entities other than the 
                            Department of Defense or the National 
                            Security Agency.
Sec. 5. Federal Government liability for violations of privacy or civil 
                            liberties.
Sec. 6. Protection from liability.
Sec. 7. Oversight of Government activities.
Sec. 8. Report on cybersecurity threats.
Sec. 9. Construction and preemption.
Sec. 10. Conforming amendments.
Sec. 11. Definitions.

SEC. 2. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES BY 
              THE FEDERAL GOVERNMENT WITH NON-FEDERAL ENTITIES.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 3021 et seq.) is amended by inserting after section 110 (50 
U.S.C. 3045) the following new section:

``SEC. 111. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES 
              BY THE FEDERAL GOVERNMENT WITH NON-FEDERAL ENTITIES.

    ``(a) Sharing by the Federal Government.--
            ``(1) In general.--Consistent with the protection of 
        classified information, intelligence sources and methods, and 
        privacy and civil liberties, the Director of National 
        Intelligence, in consultation with the heads of the other 
        appropriate Federal entities and the National Laboratories (as 
        defined in section 2 of the Energy Policy Act of 2005 (42 
        U.S.C. 15801)), shall develop and promulgate procedures to 
        facilitate and promote--
                    ``(A) the timely sharing of classified cyber threat 
                indicators in the possession of the Federal Government 
                with representatives of relevant non-Federal entities 
                with appropriate security clearances;
                    ``(B) the timely sharing with relevant non-Federal 
                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
                    ``(C) the sharing with non-Federal entities, if 
                appropriate, of information in the possession of the 
                Federal Government about imminent or ongoing 
                cybersecurity threats to such entities to prevent or 
                mitigate adverse impacts from such cybersecurity 
                threats.
            ``(2) Development of procedures.--The procedures developed 
        and promulgated under paragraph (1) 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;
                    ``(B) incorporate, to the greatest extent 
                practicable, 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;
                    ``(C) include procedures for notifying non-Federal 
                entities that have received a cyber threat indicator 
                from a Federal entity in accordance with this Act that 
                is known or determined to be in error or in 
                contravention of the requirements of this section, the 
                Protecting Cyber Networks Act, or the amendments made 
                by such Act or another provision of Federal law or 
                policy of such error or contravention;
                    ``(D) include requirements for Federal entities 
                receiving a cyber threat indicator or defensive measure 
                to implement appropriate security controls to protect 
                against unauthorized access to, or acquisition of, such 
                cyber threat indicator or defensive measure; and
                    ``(E) include procedures that require Federal 
                entities, prior to the sharing of a cyber threat 
                indicator, to--
                            ``(i) review such cyber threat indicator to 
                        assess whether such cyber threat indicator, in 
                        contravention of the requirement under section 
                        3(d)(2) of the Protecting Cyber Networks Act, 
                        contains any information that such Federal 
                        entity knows at the time of sharing to be 
                        personal information of, or information 
                        identifying, a specific person not directly 
                        related to a cybersecurity threat and remove 
                        such information; or
                            ``(ii) implement a technical capability 
                        configured to remove or exclude any personal 
                        information of, or information identifying, a 
                        specific person not directly related to a 
                        cybersecurity threat.
    ``(b) Definitions.--In this section, the terms `appropriate Federal 
entities', `cyber threat indicator', `defensive measure', `Federal 
entity', and `non-Federal entity' have the meaning given such terms in 
section 11 of the Protecting Cyber Networks Act.''.
    (b) Submittal to Congress.--Not later than 90 days after the date 
of the enactment of this Act, the Director of National Intelligence, in 
consultation with the heads of the other appropriate Federal entities, 
shall submit to Congress the procedures required by section 111(a) of 
the National Security Act of 1947, as inserted by subsection (a) of 
this section.
    (c) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by 
inserting after the item relating to section 110 the following new 
item:

``Sec. 111. Sharing of cyber threat indicators and defensive measures 
                            by the Federal Government with non-Federal 
                            entities.''.

SEC. 3. AUTHORIZATIONS FOR PREVENTING, DETECTING, ANALYZING, AND 
              MITIGATING CYBERSECURITY THREATS.

    (a) Authorization for Private-Sector Defensive Monitoring.--
            (1) In general.--Notwithstanding any other provision of 
        law, a private entity may, for a cybersecurity purpose, 
        monitor--
                    (A) an information system of such private entity;
                    (B) an information system of a non-Federal entity 
                or a Federal entity, upon the written authorization of 
                such non-Federal entity or such Federal entity; and
                    (C) information that is stored on, processed by, or 
                transiting an information system monitored by the 
                private entity under this paragraph.
            (2) Construction.--Nothing in this subsection shall be 
        construed to--
                    (A) authorize the monitoring of an information 
                system, or the use of any information obtained through 
                such monitoring, other than as provided in this Act;
                    (B) authorize the Federal Government to conduct 
                surveillance of any person; or
                    (C) limit otherwise lawful activity.
    (b) Authorization for Operation of Defensive Measures.--
            (1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of law, a private entity 
        may, for a cybersecurity purpose, operate a defensive measure 
        that is applied and limited to--
                    (A) an information system of such private entity to 
                protect the rights or property of the private entity; 
                and
                    (B) an information system of a non-Federal entity 
                or a Federal entity upon written authorization of such 
                non-Federal entity or such Federal entity for operation 
                of such defensive measure to protect the rights or 
                property of such private entity, such non-Federal 
                entity, or such Federal entity.
            (2) Limitation.--The authority provided in paragraph (1) 
        does not include the intentional or reckless operation of any 
        defensive measure that is designed or deployed to destroy, 
        render unusable (in whole or in part), substantially harm, or 
        initiate a new action, process, or procedure on an information 
        system or information stored on, processed by, or transiting 
        such information system not belonging to--
                    (A) the private entity operating such defensive 
                measure; or
                    (B) a non-Federal entity or a Federal entity that 
                has provided written authorization to that private 
                entity for operation of such defensive measure in 
                accordance with this subsection.
            (3) Construction.--Nothing in this subsection shall be 
        construed--
                    (A) to authorize the use of a defensive measure 
                other than as provided in this subsection; or
                    (B) to limit otherwise lawful activity.
    (c) Authorization for Sharing or Receiving Cyber Threat Indicators 
or Defensive Measures.--
            (1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of law, a non-Federal 
        entity may, for a cybersecurity purpose and consistent with the 
        requirement under subsection (d)(2) to remove personal 
        information of, or information identifying, a specific person 
        not directly related to a cybersecurity threat and the 
        protection of classified information--
                    (A) share a cyber threat indicator or defensive 
                measure with any other non-Federal entity or an 
                appropriate Federal entity (other than the Department 
                of Defense or any component of the Department, 
                including the National Security Agency); and
                    (B) receive a cyber threat indicator or defensive 
                measure from any other non-Federal entity or an 
                appropriate Federal entity.
            (2) Lawful restriction.--A non-Federal entity receiving a 
        cyber threat indicator or defensive measure from another non-
        Federal entity or a Federal entity shall comply with otherwise 
        lawful restrictions placed on the sharing or use of such cyber 
        threat indicator or defensive measure by the sharing non-
        Federal entity or Federal entity.
            (3) Construction.--Nothing in this subsection shall be 
        construed to--
                    (A) authorize the sharing or receiving of a cyber 
                threat indicator or defensive measure other than as 
                provided in this subsection;
                    (B) authorize the sharing or receiving of 
                classified information by or with any person not 
                authorized to access such classified information;
                    (C) prohibit any Federal entity from engaging in 
                formal or informal technical discussion regarding cyber 
                threat indicators or defensive measures with a non-
                Federal entity or from providing technical assistance 
                to address vulnerabilities or mitigate threats at the 
                request of such an entity;
                    (D) authorize the Federal Government to conduct 
                surveillance of any person; or
                    (E) limit otherwise lawful activity.
    (d) Protection and Use of Information.--
            (1) Security of information.--A non-Federal entity 
        monitoring an information system, operating a defensive 
        measure, or providing or receiving a cyber threat indicator or 
        defensive measure under this section shall implement an 
        appropriate security control to protect against unauthorized 
        access to, or acquisition of, such cyber threat indicator or 
        defensive measure.
            (2) Removal of certain personal information.--A non-Federal 
        entity sharing a cyber threat indicator pursuant to this Act 
        shall, prior to such sharing, take reasonable efforts to--
                    (A) review such cyber threat indicator to assess 
                whether such cyber threat indicator contains any 
                information that the non-Federal entity knows at the 
                time of sharing to be personal information of, or 
                information identifying, a specific person not directly 
                related to a cybersecurity threat and remove such 
                information; or
                    (B) implement a technical capability configured to 
                remove any information contained within such indicator 
                that the non-Federal entity knows at the time of 
                sharing to be personal information of, or information 
                identifying, a specific person not directly related to 
                a cybersecurity threat.
            (3) Use of cyber threat indicators and defensive measures 
        by non-federal entities.--A non-Federal entity may, for a 
        cybersecurity purpose--
                    (A) use a cyber threat indicator or defensive 
                measure shared or received under this section to 
                monitor or operate a defensive measure on--
                            (i) an information system of such non-
                        Federal entity; or
                            (ii) an information system of another non-
                        Federal entity or a Federal entity upon the 
                        written authorization of that other non-Federal 
                        entity or that Federal entity; and
                    (B) otherwise use, retain, and further share such 
                cyber threat indicator or defensive measure subject 
                to--
                            (i) an otherwise lawful restriction placed 
                        by the sharing non-Federal entity or Federal 
                        entity on such cyber threat indicator or 
                        defensive measure; or
                            (ii) an otherwise applicable provision of 
                        law.
            (4) Use of cyber threat indicators by state, tribal, or 
        local government.--
                    (A) Law enforcement use.--
                            (i) Prior written consent.--Except as 
                        provided in clause (ii), a cyber threat 
                        indicator shared with a State, tribal, or local 
                        government under this section may, with the 
                        prior written consent of the non-Federal entity 
                        sharing such indicator, be used by a State, 
                        tribal, or local government for the purpose of 
                        preventing, investigating, or prosecuting a 
                        felonious criminal act.
                            (ii) Oral consent.--If exigent 
                        circumstances prevent obtaining written consent 
                        under clause (i), such consent may be provided 
                        orally with subsequent documentation of the 
                        consent.
                    (B) Exemption from disclosure.--A cyber threat 
                indicator shared with a State, tribal, or local 
                government 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, except as 
                        otherwise required by applicable State, tribal, 
                        or local law requiring disclosure in any 
                        criminal prosecution.
    (e) No Right or Benefit.--The sharing of a cyber threat indicator 
with a non-Federal entity under this Act shall not create a right or 
benefit to similar information by such non-Federal entity or any other 
non-Federal entity.

SEC. 4. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES WITH 
              APPROPRIATE FEDERAL ENTITIES OTHER THAN THE DEPARTMENT OF 
              DEFENSE OR THE NATIONAL SECURITY AGENCY.

    (a) Requirement for Policies and Procedures.--
            (1) In general.--Section 111 of the National Security Act 
        of 1947, as inserted by section 2 of this Act, is amended by--
                    (A) redesignating subsection (b) as subsection (c); 
                and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Policies and Procedures for Sharing With the Appropriate 
Federal Entities Other Than the Department of Defense or the National 
Security Agency.--
            ``(1) Establishment.--The President shall develop and 
        submit to Congress policies and procedures relating to the 
        receipt of cyber threat indicators and defensive measures by 
        the Federal Government.
            ``(2) Requirements concerning policies and procedures.--The 
        policies and procedures required under paragraph (1) shall--
                    ``(A) be developed in accordance with the privacy 
                and civil liberties guidelines required under section 
                4(b) of the Protecting Cyber Networks Act;
                    ``(B) ensure that--
                            ``(i) a cyber threat indicator shared by a 
                        non-Federal entity with an appropriate Federal 
                        entity (other than the Department of Defense or 
                        any component of the Department, including the 
                        National Security Agency) pursuant to section 3 
                        of such Act is shared in real-time with all of 
                        the appropriate Federal entities (including all 
                        relevant components thereof);
                            ``(ii) the sharing of such cyber threat 
                        indicator with appropriate Federal entities is 
                        not subject to any delay, modification, or any 
                        other action without good cause that could 
                        impede receipt by all of the appropriate 
                        Federal entities; and
                            ``(iii) such cyber threat indicator is 
                        provided to each other Federal entity to which 
                        such cyber threat indicator is relevant; and
                    ``(C) ensure there--
                            ``(i) is an audit capability; and
                            ``(ii) are appropriate sanctions in place 
                        for officers, employees, or agents of a Federal 
                        entity who knowingly and willfully use a cyber 
                        threat indicator or defense measure shared with 
                        the Federal Government by a non-Federal entity 
                        under the Protecting Cyber Networks Act other 
                        than in accordance with this section and such 
                        Act.''.
            (2) Submission.--The President shall submit to Congress--
                    (A) not later than 90 days after the date of the 
                enactment of this Act, interim policies and procedures 
                required under section 111(b)(1) of the National 
                Security Act of 1947, as inserted by paragraph (1) of 
                this section; and
                    (B) not later than 180 days after such date, final 
                policies and procedures required under such section 
                111(b)(1).
    (b) Privacy and Civil Liberties.--
            (1) Guidelines of attorney general.--The Attorney General, 
        in consultation with the heads of the other appropriate Federal 
        agencies and with officers designated under section 1062 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (42 
        U.S.C. 2000ee-1), shall develop and periodically review 
        guidelines relating to privacy and civil liberties that govern 
        the receipt, retention, use, and dissemination of cyber threat 
        indicators by a Federal entity obtained in accordance with this 
        Act and the amendments made by this Act.
            (2) Content.--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, 
                including guidelines to ensure that personal 
                information of, or information identifying, specific 
                persons is properly removed from information received, 
                retained, used, or disseminated by a Federal entity in 
                accordance with this Act or the amendments made by this 
                Act;
                    (B) limit the receipt, retention, use, and 
                dissemination of cyber threat indicators containing 
                personal information of, or information identifying, 
                specific persons, including by establishing--
                            (i) a process for the timely destruction of 
                        such information that is known not to be 
                        directly related to a use for a cybersecurity 
                        purpose;
                            (ii) specific limitations on the length of 
                        any period in which a cyber threat indicator 
                        may be retained; and
                            (iii) a process to inform recipients that 
                        such indicators may only be used for a 
                        cybersecurity purpose;
                    (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 non-Federal 
                entities and Federal entities if information received 
                pursuant to this section is known or determined by a 
                Federal entity receiving such information not to 
                constitute a cyber threat indicator;
                    (E) be consistent with any other applicable 
                provisions of law 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; and
                    (F) include steps that may be needed so that 
                dissemination of cyber threat indicators is consistent 
                with the protection of classified information and other 
                sensitive national security information.
    (c) National Cyber Threat Intelligence Integration Center.--
            (1) Establishment.--Title I of the National Security Act of 
        1947 (50 U.S.C. 3021 et seq.), as amended by section 2 of this 
        Act, is further amended--
                    (A) by redesignating section 119B as section 119C; 
                and
                    (B) by inserting after section 119A the following 
                new section:

``SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

    ``(a) Establishment.--There is within the Office of the Director of 
National Intelligence a Cyber Threat Intelligence Integration Center.
    ``(b) Director.--There is a Director of the Cyber Threat 
Intelligence Integration Center, who shall be the head of the Cyber 
Threat Intelligence Integration Center, and who shall be appointed by 
the Director of National Intelligence.
    ``(c) Primary Missions.--The Cyber Threat Intelligence Integration 
Center shall--
            ``(1) serve as the primary organization within the Federal 
        Government for analyzing and integrating all intelligence 
        possessed or acquired by the United States pertaining to cyber 
        threats;
            ``(2) ensure that appropriate departments and agencies have 
        full access to and receive all-source intelligence support 
        needed to execute the cyber threat intelligence activities of 
        such agencies and to perform independent, alternative analyses;
            ``(3) disseminate cyber threat analysis to the President, 
        the appropriate departments and agencies of the Federal 
        Government, and the appropriate committees of Congress;
            ``(4) coordinate cyber threat intelligence activities of 
        the departments and agencies of the Federal Government; and
            ``(5) conduct strategic cyber threat intelligence planning 
        for the Federal Government.
    ``(d) Limitations.--The Cyber Threat Intelligence Integration 
Center shall--
            ``(1) have not more than 50 permanent positions;
            ``(2) in carrying out the primary missions of the Center 
        described in subsection (c), may not augment staffing through 
        detailees, assignees, or core contractor personnel or enter 
        into any personal services contracts to exceed the limitation 
        under paragraph (1); and
            ``(3) be located in a building owned or operated by an 
        element of the intelligence community as of the date of the 
        enactment of this section.''.
            (4) Table of contents amendments.--The table of contents in 
        the first section of the National Security Act of 1947, as 
        amended by section 2 of this Act, is further amended by 
        striking the item relating to section 119B and inserting the 
        following new items:

``Sec. 119B. Cyber Threat Intelligence Integration Center.
``Sec. 119C. National intelligence centers.''.
    (d) Information Shared With or Provided to the Federal 
Government.--
            (1) No waiver of privilege or protection.--The provision of 
        a cyber threat indicator or defensive measure 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) Proprietary information.--Consistent with section 
        3(c)(2), a cyber threat indicator or defensive measure provided 
        by a non-Federal entity to the Federal Government under this 
        Act shall be considered the commercial, financial, and 
        proprietary information of the non-Federal entity that is the 
        originator of such cyber threat indicator or defensive measure 
        when so designated by such non-Federal entity or a non-Federal 
        entity acting in accordance with the written authorization of 
        the non-Federal entity that is the originator of such cyber 
        threat indicator or defensive measure.
            (3) Exemption from disclosure.--A cyber threat indicator or 
        defensive measure 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, except 
                as otherwise required by applicable Federal, State, 
                tribal, or local law requiring disclosure in any 
                criminal prosecution.
            (4) Ex parte communications.--The provision of a cyber 
        threat indicator or defensive measure to the Federal Government 
        under this Act shall not be subject to a rule of any Federal 
        department or agency or any judicial doctrine regarding ex 
        parte communications with a decision-making official.
            (5) Disclosure, retention, and use.--
                    (A) Authorized activities.--A cyber threat 
                indicator or defensive measure provided to the Federal 
                Government under this Act may be disclosed to, retained 
                by, and used by, consistent with otherwise applicable 
                provisions of Federal law, any department, agency, 
                component, officer, employee, or agent of the Federal 
                Government solely for--
                            (i) a cybersecurity purpose;
                            (ii) the purpose of responding to, 
                        prosecuting, or otherwise preventing or 
                        mitigating a threat of death or serious bodily 
                        harm or an offense arising out of such a 
                        threat;
                            (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, disrupting, or prosecuting any 
                        of the offenses listed in sections 1028, 1029, 
                        1030, and 3559(c)(2)(F) and chapters 37 and 90 
                        of title 18, United States Code.
                    (B) Prohibited activities.--A cyber threat 
                indicator or defensive measure provided to the Federal 
                Government under this Act shall not be disclosed to, 
                retained by, or used by any Federal department or 
                agency for any use not permitted under subparagraph 
                (A).
                    (C) Privacy and civil liberties.--A cyber threat 
                indicator or defensive measure provided to the Federal 
                Government under this Act shall be retained, used, and 
                disseminated by the Federal Government in accordance 
                with--
                            (i) the policies and procedures relating to 
                        the receipt of cyber threat indicators and 
                        defensive measures by the Federal Government 
                        required by subsection (b) of section 111 of 
                        the National Security Act of 1947, as added by 
                        subsection (a) of this section; and
                            (ii) the privacy and civil liberties 
                        guidelines required by subsection (b).

SEC. 5. FEDERAL GOVERNMENT LIABILITY FOR VIOLATIONS OF PRIVACY OR CIVIL 
              LIBERTIES.

    (a) In General.--If a department or agency of the Federal 
Government intentionally or willfully violates the privacy and civil 
liberties guidelines issued by the Attorney General under section 4(b), 
the United States shall be liable to a person injured by such violation 
in an amount equal to the sum of--
            (1) the actual damages sustained by the person as a result 
        of the violation or $1,000, whichever is greater; and
            (2) the costs of the action together with reasonable 
        attorney fees as determined by the court.
    (b) Venue.--An action to enforce liability created under this 
section may be brought in the district court of the United States in--
            (1) the district in which the complainant resides;
            (2) the district in which the principal place of business 
        of the complainant is located;
            (3) the district in which the department or agency of the 
        Federal Government that violated such privacy and civil 
        liberties guidelines is located; or
            (4) the District of Columbia.
    (c) Statute of Limitations.--No action shall lie under this 
subsection unless such action is commenced not later than two years 
after the date of the violation of the privacy and civil liberties 
guidelines issued by the Attorney General under section 4(b) that is 
the basis for the action.
    (d) Exclusive Cause of Action.--A cause of action under this 
subsection shall be the exclusive means available to a complainant 
seeking a remedy for a violation by a department or agency of the 
Federal Government under this Act.

SEC. 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 an 
information system and information under section 3(a) that is conducted 
in good faith in accordance with this Act and the amendments made by 
this Act.
    (b) Sharing or Receipt of Cyber Threat Indicators.--No cause of 
action shall lie or be maintained in any court against any non-Federal 
entity, and such action shall be promptly dismissed, for the sharing or 
receipt of a cyber threat indicator or defensive measure under section 
3(c), or a good faith failure to act based on such sharing or receipt, 
if such sharing or receipt is conducted in good faith in accordance 
with this Act and the amendments made by this Act.
    (c) Willful Misconduct.--
            (1) Rule of construction.--Nothing in this section shall be 
        construed--
                    (A) to require dismissal of a cause of action 
                against a non-Federal entity (including a private 
                entity) that has engaged in willful misconduct in the 
                course of conducting activities authorized by this Act 
                or the amendments made by this Act; or
                    (B) to undermine or limit the availability of 
                otherwise applicable common law or statutory defenses.
            (2) Proof of willful misconduct.--In any action claiming 
        that subsection (a) or (b) does not apply due to willful 
        misconduct described in paragraph (1), the plaintiff shall have 
        the burden of proving by clear and convincing evidence the 
        willful misconduct by each non-Federal entity subject to such 
        claim and that such willful misconduct proximately caused 
        injury to the plaintiff.
            (3) Willful misconduct defined.--In this subsection, the 
        term ``willful misconduct'' means an act or omission that is 
        taken--
                    (A) intentionally to achieve a wrongful purpose;
                    (B) knowingly without legal or factual 
                justification; and
                    (C) in disregard of a known or obvious risk that is 
                so great as to make it highly probable that the harm 
                will outweigh the benefit.

SEC. 7. OVERSIGHT OF GOVERNMENT ACTIVITIES.

    (a) Biennial Report on Implementation.--
            (1) In general.--Section 111 of the National Security Act 
        of 1947, as amended by section 4(a) of this Act, is further 
        amended--
                    (A) by redesignating subsection (c) (as 
                redesignated by such section 4(a)) as subsection (d); 
                and
                    (B) by inserting after subsection (b) (as inserted 
                by such section 4(a)) the following new subsection:
    ``(c) Biennial Report on Implementation.--
            ``(1) In general.--Not less frequently than once every two 
        years, the Director of National Intelligence, in consultation 
        with the heads of the other appropriate Federal entities, shall 
        submit to Congress a report concerning the implementation of 
        this section and the Protecting Cyber Networks Act.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    ``(A) An assessment of the sufficiency of the 
                policies, procedures, and guidelines required by this 
                section and section 4 of the Protecting Cyber Networks 
                Act in ensuring that cyber threat indicators are shared 
                effectively and responsibly within the Federal 
                Government.
                    ``(B) An assessment of whether the procedures 
                developed under section 3 of such Act comply with the 
                goals described in subparagraphs (A), (B), and (C) of 
                subsection (a)(1).
                    ``(C) 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 section and such Act.
                    ``(D) A review of the type of cyber threat 
                indicators shared with the Federal Government under 
                this section and such Act, including the following:
                            ``(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.
                            ``(iii) The adequacy of any steps taken by 
                        the Federal Government to reduce such impact.
                    ``(E) A review of actions taken by the Federal 
                Government based on cyber threat indicators shared with 
                the Federal Government under this section or such Act, 
                including the appropriateness of any subsequent use or 
                dissemination of such cyber threat indicators by a 
                Federal entity under this section or section 4 of such 
                Act.
                    ``(F) A description of any significant violations 
                of the requirements of this section or such Act by the 
                Federal Government.
                    ``(G) A summary of the number and type of non-
                Federal entities that received classified cyber threat 
                indicators from the Federal Government under this 
                section or such Act and an evaluation of the risks and 
                benefits of sharing such cyber threat indicators.
            ``(3) Recommendations.--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 
        section or such Act.
            ``(4) Form of report.--Each report required by paragraph 
        (1) shall be submitted in unclassified form, but may include a 
        classified annex.''.
            (2) Initial report.--The first report required under 
        subsection (c) of section 111 of the National Security Act of 
        1947, as inserted by paragraph (1) of this subsection, shall be 
        submitted not later than one year after the date of the 
        enactment of this Act.
    (b) Reports on Privacy and Civil Liberties.--
            (1) Biennial report from privacy and civil liberties 
        oversight board.--
                    (A) In general.--Section 1061(e) of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (42 U.S.C. 2000ee(e)) is amended by adding at the 
                end the following new paragraph:
            ``(3) Biennial report on certain cyber activities.--The 
        Privacy and Civil Liberties Oversight Board shall biennially 
        submit to Congress and the President a report containing--
                    ``(A) an assessment of the privacy and civil 
                liberties impact of the activities carried out under 
                the Protecting Cyber Networks Act and the amendments 
                made by such Act; and
                    ``(B) an assessment of the sufficiency of the 
                policies, procedures, and guidelines established 
                pursuant to section 4 of the Protecting Cyber Networks 
                Act and the amendments made by such section 4 in 
                addressing privacy and civil liberties concerns.''.
                    (B) Initial report.--The first report required 
                under paragraph (3) of section 1061(e) of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (42 U.S.C. 2000ee(e)), as added by subparagraph 
                (A) of this paragraph, shall be submitted not later 
                than 2 years after the date of the enactment of this 
                Act.
            (2) Biennial report of inspectors general.--
                    (A) In general.--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, in consultation with the Council of Inspectors 
                General on Financial Oversight, shall jointly submit to 
                Congress a report on the receipt, use, and 
                dissemination of cyber threat indicators and defensive 
                measures that have been shared with Federal entities 
                under this Act and the amendments made by this Act.
                    (B) Contents.--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) Recommendations.--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 or the 
        amendments made by this Act.
            (4) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex.

SEC. 8. REPORT ON CYBERSECURITY THREATS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
consultation 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.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of--
                    (A) 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 that threaten the 
                United States national security interests, economy, and 
                intellectual property; and
                    (B) 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 that 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.
    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given that term in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003).

SEC. 9. CONSTRUCTION AND PREEMPTION.

    (a) Prohibition of Surveillance.--Nothing in this Act or the 
amendments made by this Act 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 person for 
surveillance.
    (b) Otherwise Lawful Disclosures.--Nothing in this Act or the 
amendments made by this Act shall be construed to limit or prohibit--
            (1) otherwise lawful disclosures of communications, 
        records, or other information, including reporting of known or 
        suspected criminal activity, by a non-Federal entity to any 
        other non-Federal entity or the Federal Government; or
            (2) any otherwise lawful use of such disclosures by any 
        entity of the Federal government, without regard to whether 
        such otherwise lawful disclosures duplicate or replicate 
        disclosures made under this Act.
    (c) Whistle Blower Protections.--Nothing in this Act or the 
amendments made by this Act shall be construed to prohibit or limit the 
disclosure of information protected under section 2302(b)(8) of title 
5, United States Code (governing disclosures of illegality, waste, 
fraud, abuse, or public health or safety threats), section 7211 of 
title 5, United States Code (governing disclosures to Congress), 
section 1034 of title 10, United States Code (governing disclosure to 
Congress by members of the military), or any similar provision of 
Federal or State law.
    (d) Protection of Sources and Methods.--Nothing in this Act or the 
amendments made by this Act shall be construed--
            (1) as creating any immunity against, or otherwise 
        affecting, any action brought by the Federal Government, or any 
        department or agency thereof, to enforce any law, executive 
        order, or procedure governing the appropriate handling, 
        disclosure, or use of classified information;
            (2) to affect 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 classified information, 
        intelligence sources and methods, and the national security of 
        the United States.
    (e) Relationship to Other Laws.--Nothing in this Act or the 
amendments made by this Act shall be construed to affect any 
requirement under any other provision of law for a non-Federal entity 
to provide information to the Federal Government.
    (f) Information Sharing Relationships.--Nothing in this Act or the 
amendments made by this Act shall be construed--
            (1) to limit or modify an existing information-sharing 
        relationship;
            (2) to prohibit a new information-sharing relationship; or
            (3) to require a new information-sharing relationship 
        between any non-Federal entity and the Federal Government.
    (g) Preservation of Contractual Obligations and Rights.--Nothing in 
this Act or the amendments made by this Act shall be construed--
            (1) to amend, repeal, or supersede any current or future 
        contractual agreement, terms of service agreement, or other 
        contractual relationship between any non-Federal entities, or 
        between any non-Federal entity and a Federal entity; or
            (2) to abrogate trade secret or intellectual property 
        rights of any non-Federal entity or Federal entity.
    (h) Anti-Tasking Restriction.--Nothing in this Act or the 
amendments made by this Act shall be construed to permit the Federal 
Government--
            (1) to require a non-Federal entity to provide information 
        to the Federal Government;
            (2) to condition the sharing of a cyber threat indicator 
        with a non-Federal entity on such non-Federal entity's 
        provision of a cyber threat indicator to the Federal 
        Government; or
            (3) to condition the award of any Federal grant, contract, 
        or purchase on the provision of a cyber threat indicator to a 
        Federal entity.
    (i) No Liability for Non-Participation.--Nothing in this Act or the 
amendments made by this Act shall be construed to subject any non-
Federal entity to liability for choosing not to engage in a voluntary 
activiy authorized in this Act and the amendments made by this Act.
    (j) Use and Retention of Information.--Nothing in this Act or the 
amendments made by 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 or 
the amendments made by this Act for any use other than permitted in 
this Act or the amendments made by this Act.
    (k) Federal Preemption.--
            (1) In general.--This Act and the amendments made by this 
        Act supersede any statute or other provision of law of a State 
        or political subdivision of a State that restricts or otherwise 
        expressly regulates an activity authorized under this Act or 
        the amendments made by this Act.
            (2) State law enforcement.--Nothing in this Act or the 
        amendments made by this Act shall be construed to supersede any 
        statute or other provision of law of a State or political 
        subdivision of a State concerning the use of authorized law 
        enforcement practices and procedures.
    (l) Regulatory Authority.--Nothing in this Act or the amendments 
made by this Act shall be construed--
            (1) to authorize the promulgation of any regulations not 
        specifically authorized by this Act or the amendments made by 
        this Act;
            (2) to establish any regulatory authority not specifically 
        established under this Act or the amendments made by this Act; 
        or
            (3) to authorize regulatory actions that would duplicate or 
        conflict with regulatory requirements, mandatory standards, or 
        related processes under another provision of Federal law.

SEC. 10. CONFORMING AMENDMENTS.

    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 inserting after paragraph (9) the following:
            ``(10) information shared with or provided to the Federal 
        Government pursuant to the Protecting Cyber Networks Act or the 
        amendments made by such Act.''.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44, United States Code.
            (2) 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.
            (3) Cybersecurity purpose.--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 or identifying the source of a cybersecurity 
        threat or using a defensive measure.
            (4) Cybersecurity threat.--
                    (A) In general.--Except as provided in subparagraph 
                (B), 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, 
                confidentiality, integrity, or availability of an 
                information system or information that is stored on, 
                processed by, or transiting an information system.
                    (B) Exclusion.--The term ``cybersecurity threat'' 
                does not include any action that solely involves a 
                violation of a consumer term of service or a consumer 
                licensing agreement.
            (5) Cyber threat indicator.--The term ``cyber threat 
        indicator'' means information or a physical object that is 
        necessary to 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, including anomalous 
                activity that appears to indicate the existence of 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 a description of the information 
                exfiltrated as a result of a particular cybersecurity 
                threat; or
                    (G) any other attribute of a cybersecurity threat, 
                if disclosure of such attribute is not otherwise 
                prohibited by law.
            (6) Defensive measure.--The term ``defensive measure'' 
        means an action, device, procedure, technique, or other measure 
        executed on 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.
            (7) Federal entity.--The term ``Federal entity'' means a 
        department or agency of the United States or any component of 
        such department or agency.
            (8) Information system.--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.
            (9) Local government.--The term ``local government'' means 
        any borough, city, county, parish, town, township, village, or 
        other political subdivision of a State.
            (10) 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.
            (11) Malicious reconnaissance.--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.
            (12) Monitor.--The term ``monitor'' means to acquire, 
        identify, scan, or otherwise possess information that is stored 
        on, processed by, or transiting an information system.
            (13) Non-federal entity.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, the term ``non-Federal entity'' means 
                any private entity, non-Federal government department 
                or agency, or State, tribal, or local government 
                (including a political subdivision, department, 
                officer, employee, or agent thereof).
                    (B) Inclusions.--The term ``non-Federal entity'' 
                includes a government department or agency (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) Exclusion.--The term ``non-Federal entity'' 
                does not include a foreign power as defined in section 
                101 of the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1801).
            (14) Private entity.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, the term ``private entity'' means any 
                person or private group, organization, proprietorship, 
                partnership, trust, cooperative, corporation, or other 
                commercial or nonprofit entity, including an officer, 
                employee, or agent thereof.
                    (B) Inclusion.--The term ``private entity'' 
                includes a component of a State, tribal, or local 
                government performing electric utility services.
                    (C) Exclusion.--The term ``private entity'' does 
                not include a foreign power as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801).
            (15) Real time; real-time.--The terms ``real time'' and 
        ``real-time'' mean a process by which an automated, machine-to-
        machine system processes cyber threat indicators such that the 
        time in which the occurrence of an event and the reporting or 
        recording of it are as simultaneous as technologically 
        practicable.
            (16) Security control.--The term ``security control'' means 
        the management, operational, and technical controls used to 
        protect against an unauthorized effort to adversely impact the 
        security, confidentiality, integrity, and availability of an 
        information system or its information.
            (17) Security vulnerability.--The term ``security 
        vulnerability'' means any attribute of hardware, software, 
        process, or procedure that could enable or facilitate the 
        defeat of a security control.
            (18) Tribal.--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).
                                 <all>