H. Res. 631: H.R. 3523- Cyber Intelligence Sharing and Protection Act of 2011; H.R. 4628 - Interest Rate Reduction Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday, April 25, 2012.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 236-185 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 241-179 on April 26, 2012.

MANAGERS: Polis/Nugent

112th Congress 
2nd Session

H.RES 631

[Report No. 112-454]

 

H.R. 3523- Cyber Intelligence Sharing and Protection Act of 2011

H.R. 4628 - Interest Rate Reduction Act

1. Structured rule for H.R. 3523.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence.

3. Waives all points of order against consideration of the bill.

4. Makes in order as original text for purpose of amendment the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-20 and provides that it shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute.

6. Makes in order only those amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

9. Provides that it shall be in order at any time through the legislative day of  April 27, 2012, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1 of rule XV, relating to the following measures: H.R. 2096, the Cybersecurity Enhancement Act of 2011; H.R. 3834, the Advancing America's Networking and Information Technology Research and Development Act of 2012; and H.R. 4257, the Federal Information Security Amendments Act of 2012.

10. Closed rule for H.R. 4628.

11. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce.

12. Waives all points of order against consideration of the bill and provides that it shall be considered as read.

13. Waives all points of order against provisions in the bill.

14. Provides one motion to recommit.

15. Provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2013.

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker  may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3523) to provide for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence. Mter general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-20. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. It shall be in order at any time through the legislative day of April27, 2012, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1 of rule XV, relating to the following measures: (a) The bill (H.R. 2096) to advance cybersecurity research, development, and technical standards, and for other purposes. (b) The bill (H.R. 3834) to amend the High-Performance Computing Act of 1991 to authorize activities for support of networking and information technology research, and for other purposes. (c) The bill (H.R. 4257) to amend chapter 35 of title 44, United States Code, to revise requirements relating to Federal information security, and for other purposes.

Sec. 3. Upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4628) to extend student loan interest rates for undergraduate Federal Direct Stafford Loans. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce; and (2) one motion to recommit.

Sec. 4. The Committee on Appropriations may, at any time before 6 p.m. on Wednesday, May 2, 2012, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2013.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER FOR H.R. 3523

(summaries derived from information provided by sponsors)

Sponsor

# Description

Debate Time

1.) Langevin
(RI), Lungren
(CA)

#34 Would expand eligibility to participate in the voluntary
information sharing program created in the bill to include
critical infrastructure owners and operators, which allows
entities that are not entirely privately owned, such as
airports, utilities, and public transit systems, to receive
vital cybersecurity information and better secure their
networks against cyber threats.

(10 minutes)

2.) Conyers (MI)

#30 (REVISED) Would strike the exemption from criminal liability, strike the civil liability exemption for decisions
made based upon cyber threat information identified,
obtained, or shared under the bill, and ensure that those
who negligently cause injury through the use of
cybersecurity systems or the sharing of information are not
exempt from potential civil liability.

(10 minutes)

3.) Pompeo (KS)

#36 Would make clear in the bill's liability provision that the
reference to the use of cybersecurity systems is the use of
such systems to identify and obtain cyber threat
information.

(10 minutes)

4.) Rogers, Mike
(MI),
Ruppersberger
(MD), Issa (CA),
Langevin (RI)

#42 (LATE) Would make clear that regulatory information
already required to be provided remains FOIAable under
current law.

(10 minutes)

5.) Jackson Lee
(TX)

#11 Would authorize the Secretary to intercept and deploy
countermeasure with regard to system traffic for
cybersecurity purposes in effect identification of
cybersecurity risks to federal systems.

(10 minutes)

6.) Quayle (AZ),
Eshoo (CA),
Thompson,
Mike (CA)

#3 8 Would limit government use of shared cyber threat
information to only 5 purposes: 1) cybersecurity; 2)
investigation and prosecution of cybersecurity crimes; 3)
protection of individuals from the danger of death or
physical injury; 4) protection of minors from physical or
psychological harm; and 5) protection of the national
security of the United States.

(10 minutes)

7.) Amash (MI),
Labrador (ID),
Paul (TX),
Nadler (NY),
Polis (CO)

#33 Would prohibit the federal government from using, inter
alia, library records, firearms sales records, and tax returns
that it receives from private entities under CISP A.

(10 minutes)

8.) Mulvaney
(SC), Dicks
(WA)

#41 (LATE) Would provide clear authority to the government
to create reasonable procedures to protect privacy and civil
liberties, consistent with the need of the government to
protect federal systems and cybersecurity. Would also
prohibit the federal government from retaining or using
information shared pursuant to paragraph (b)( 1) for
anything other than a use permitted under paragraph
(c)(1).

(10 minutes)

9.) Flake, Jeff
(AZ)

#3 Would add a requirement to include a list of all federal
agencies receiving information shared with the
government in the report by the Inspector General of the
Intelligence Community required under the legislation.

(10 minutes)

10.) Richardson (CA)

#7 Would make explicit that nothing in the legislation would
prohibit a department or agency of the federal government
from providing cyber threat information to owners and
operators of critical infrastructure.

(10 minutes)

11.) Pompeo (KS)

#3 7 Would clarify that nothing in the bill would alter existing
authorities or provide new authority to any federal agency,
including DOD, NSA, DHS or the Intelligence
Community to install, employ, or otherwise use
cybersecurity systems on private sector networks.

(10 minutes)

12.) Woodall (GA)

#4 Would ensure that those who choose not to participate in
he voluntary program authorized by this bill are not
subject to new liabilities.

(10 minutes)

13.) Goodlatte (VA)

#39 Would narrow definitions in the bill regarding what
information may be identified, obtained, and shared.

(10 minutes)

14.) Turner (OH)

#6 Would make a technical correction to definitions in
Section 2 (g) to provide consistency with other cyber
security policies within the Executive branch and the
Department of Defense.

(10 minutes)

15.) Mulvaney (SC)

#29 Would sunset the provisions of the bill five years after the  date of enactment.

(10 minutes)

16.) Paulsen (MN)

# 1 Would encourage international cooperation on cyber
security where feasible.

(10 minutes)