H.Res. 212: H.R. 1560 – Protecting Cyber Networks Act; H.R. 1731 – National Cybersecurity Protection Advancement Act of 2015

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday, April 21, 2015.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 238-182 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 237-179 on Wednesday, April 22, 2015.

MANAGERS:Polis/Collins

114th Congress

1st Session

Rule

H.RES. 212

Report No. 114-88

 

H.R. 1560 - Protecting Cyber Networks Act

H.R. 1731 - National Cybersecurity Protection Advancement Act of 2015 

  1. Structured rule for H.R. 1560.
  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 the purposes of amendment the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill and provides that it shall be considered as read.
  5. Waives all points of order against the amendment in a nature of a substitute.
  6. Makes in order only those further amendments printed in part A of 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 part A of the report.
  8. Provides one motion to recommit with or without instructions.
  9. Structured rule for H.R. 1731.
  10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security.
  11. Waives all points of order against consideration of the bill.
  12. Makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-12 and provides that it shall be considered as read.
  13. Waives all points of order against that amendment in the nature of a substitute.
  14. Makes in order only those further amendments printed in part B of 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.
  15. Waives all points of order against the amendments printed in part B of the report.
  16. Provides one motion to recommit with or without instructions.
  17. Section 3 of the rule directs the Clerk to, in the engrossment of H.R. 1560, add the text of H.R. 1731, as passed by the House, as a new matter at the end of H.R. 1560 and make conforming modifications in the engrossment.
  18. Provides that upon the addition of the text of H.R. 1731, as passed by the House, to the engrossment of H.R. 1560, H.R. 1731 shall be laid on the table.

 

RESOLUTION

Resolved, That at any time after 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. 1560) to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, 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. After general debate the bill shall be considered for amendment under the five minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in part A of 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 committee amendment in the nature of a substitute. 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. At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee ofthe Whole House on the state of the Union for consideration of the bill (H.R. 1731) to amend the Homeland Security Act of 2002 to enhance multidirectional sharing of information related to cybersecurity risks and strengthen privacy and civil liberties protections, 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 amendments specified in this section and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security. After 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 Committee on Homeland Security 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 114- 12. 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 part B of 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. 3. (a) In the engrossment of H.R. 1560 the Clerk shall- (1) add the text of H.R. 1731, as passed by the House, as new matter at the end of H.R. 1560; (2) conform the title of H.R. 1560 to reflect the addition of H.R. 1731, as passed by the House, to the engrossment; (3) assign appropriate designations to provisions within the engrossment; and (4) conform cross-references and provisions for short titles within the engrossment. (b) Upon the addition of the text of H.R. 1731, as passed by the House, to the engrossment of H.R. 1560, H.R. 1731 shall be laid on the table.

 

SUMMARY OF AMENDMENTS TO H.R. 1560 IN PART A PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Nunes (CA)

5

(REVISED) Makes technical changes to several sections of the bill. Clarifies the authorization for the use of defensive measures. Further clarifies the liability protections for network monitoring and sharing and receipt of cyber threat indicators and defensive measures.

(10 minutes)

2. Cardenas Tony (CA)

23

 (REVISED) Instructs the SBA to provide assistance to small businesses and small financial institutions to participate under this section, instruct the SBA to generate a report about such entities participation and instruct the federal government to engage in outreach to encourage small business and small financial institution participation.

(10 minutes)

3. Carson (IN)

7

 (REVISED) Adds the requirement that the Inspector General report on current procedures pertaining to the sharing of information, removal procedures for personal information or information identifying a specific person, and any incidents pertaining to the improper treatment of information.

(10 minutes)

4. Mulvaney (SC)

22

Sunsets the provisions of the bill after 7 years.

(10 minutes)

5. Jackson Lee (TX), Polis (CO)

13

Directs the Government Accountability Office (GAO) to provide a report to Congress on the actions taken by the Federal Government to remove personal information from data shared through the programs established by this statute.

(10 minutes)

 

 

SUMMARY OF AMENDMENTS TO H.R. 1731 IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. McCaul (TX), Ratcliffe (TX)

34

Makes technical corrections and further clarifies the provisions of the bill.

(10 minutes)

2. Katko (NY), Lofgren (CA), Eshoo (CA), McClintock (CA)

33

Amends Section 226 of the Homeland Security Act of 2002 by refining the definition of cyber ' incident' to explicitly restrict information sharing to incidents that are directly related to protecting information systems

(10 minutes)

3. Langevin (RI)

21

Clarifies that the term "cybersecurity risk" does not apply to actions solely involving violations of consumer terms of service or consumer licensing agreements.

(10 minutes)

4. Jackson Lee (TX)

16

Ensures that federal agencies supporting cybersecurity efforts of private sector entities remain current on innovation; industry adoption of new technologies; and industry best practices as they relate to industrial control systems.

(10 minutes)

5. Castro (TX)

6

Makes self-assessment tools available to small and medium-sized businesses to determine their level of cybersecurity readiness.

(10 minutes)

6. Castro (TX), Cuellar (TX), Doggett (TX), Hurd (TX), Smith, Lamar (TX)

7

Codifies the establishment of the National Cybersecurity Preparedness Consortium (NCPC) made up of university partners and other stakeholders who proactively coordinate to assist state and local officials in cyber security preparation and prevention of cyber attacks.

(10 minutes)

7. Hurd (TX)

35

Authorizes the existing Einstein 3A (E3A) program.

(10 minutes)

8. Mulvaney (SC)

38

Sunsets the provisions of the bill after 7 years

(10 minutes)

9. Hahn (CA)

39

(LATE) (REVISED) Directs the Secretary of Homeland  Security to submit a report to Congress containing 1assessments of risks and shortfalls along with recommendations regarding cybersecurity at most at risk ports.

(10 minutes)

10. Jackson Lee (TX), Polis (CO)

12

REVISED) Provides for a Government Accountability Office (GAO) report to Congress 5 years after enactment to assess the impact of this act on privacy and civil liberties.

(10 minutes)

11. Jackson Lee (TX)

17

Requires a report to Congress on the best means for aligning federally funded cybersecurity research and development with private sector efforts to protect privacy and civil liberties while assuring security and resilience of the Nation's critical infrastructure

(10 minutes)