Manager's amendment makes technical changes to several sections of the bill and clarifies the authorization for the use of defensive measures as well as the liability protections for network monitoring, sharing and receipt of cyber threat indicators.
What it does: 21 changes: replaces text in 10 places, strikes text in 4 places, inserts text in 6 places, strikes a provision
Rep. Devin Nunes (R-CA)Description
An amendment numbered 1 printed in Part A of House Report 114-88 to makes technical changes to several sections of the bill. Clarifi es 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.
What it changes
21 changes to H.R. 1560 · 10 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “in accordance with” with “under”
[struck: in accordance with][inserted: under]Original wording
Page 5, beginning line 16, strike “in accordance with” and insert “under”.
Change 2: Strikes “and is limited to”
In H.R. 1560 · Reported in House
(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 operated on
[struck: and is limited to]--(A) an information system of such private entity to protect the rights or property of the private entity; and
Original wording
Page 9, line 2, strike “and is limited to”.
Change 3: Replaces “the intentional or reckless operation of any” with “a”
In H.R. 1560 · Reported in House
(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
[struck: the intentional or reckless operation of any ][inserted: a ]defensive measure that destroys, renders unusable or inaccessible (in whole or in part), substantially harms, or initiates a new action, process, or procedure on an information system or information stored on, processed by, or transiting such information system not owned by--(A) the private entity operating such defensive measure; or
Original wording
Page 9, beginning line 14, strike “the intentional or reckless operation of any” and insert “a”.
Change 4: Replaces “substantially harms, or initiates a new action, process, or procedure on” with “, or substantially harms”
In H.R. 1560 · Reported in House
(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 destroys, renders unusable or inaccessible (in whole or in part),
[struck: substantially harms], or[struck: initiates a new action, process, or procedure on ][inserted: substantially harms ]an information system or information stored on, processed by, or transiting such information system not owned by--(A) the private entity operating such defensive measure; or
Original wording
Page 9, beginning line 17, strike “substantially harms, or initiates a new action, process, or procedure on” and insert “, or substantially harms”.
Change 5: Replaces “a non-Federal entity, if authorized by applicable law or regulation other than this Act,…” with “otherwise lawful sharing by a non-Federal entity of”
In H.R. 1560 · Reported in House
(D) limit otherwise lawful activity;
(E) prohibit
[struck: a non-Federal entity, if authorized ][inserted: otherwise lawful sharing ]by[struck: applicable law or regulation other than this Act, from sharing ][inserted: a non-Federal entity of ]a cyber threat indicator or defensive measure with the Department of Defense or any component of the Department, including the National Security Agency; or(F) authorize the Federal Government to conduct surveillance of any person.
Original wording
Page 12, beginning line 2, strike “a non-Federal entity, if authorized by applicable law or regulation other than this Act, from sharing” and insert “otherwise lawful sharing by a non-Federal entity of”.
Change 6: Inserts “or defensive measure” before “shared”
…[inserted: or defensive measure ]shared…
Original wording
Page 14, line 18, insert “or defensive measure” before “shared”.
Change 7: Replaces “section 3(c)(2)” with “this Act”
In H.R. 1560 · Reported in House
(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
[struck: section 3(c)(2)][inserted: this Act], 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--
Original wording
Page 23, line 19, strike “section 3(c)(2)” and insert “this Act”.
Change 8: Replaces “section 552(b)(3)(B)” with “section 552(b)(3)”
In H.R. 1560 · Reported in House
(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)
[struck: (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.
Original wording
Page 24, line 15, strike “section 552(b)(3)(B)” and insert “section 552(b)(3)”.
Change 9: Inserts “investigating,” after “to,”
…to,[inserted: investigating,]…
Original wording
Page 25, line 13, insert “investigating,” after “to,”.
Change 10: Inserts “investigating, prosecuting,” after “to,”
…to,[inserted: investigating, prosecuting,]…
Original wording
Page 25, line 18, insert “investigating, prosecuting,” after “to,”.
Change 11: Replaces “subsection” with “section”
[struck: subsection][inserted: section]Original wording
Page 27, line 23, strike “subsection” and insert “section”.
Change 12: Replaces “subsection” with “section”
[struck: subsection][inserted: section]Original wording
Page 28, line 4, strike “subsection” and insert “section”.
Change 13: Strikes “in good faith”
Struck: in good faith
Original wording
Page 28, line 14, strike “in good faith”.
Change 14: Strikes “in good faith”
Struck: in good faith
Original wording
Page 28, beginning line 22, strike “in good faith”.
Change 15: Inserts “of such Act” before the semicolon
Inserted: of such Act
Original wording
Page 33, line 16, insert “of such Act” before the semicolon.
Change 16: Inserts “of such Act” before the period
Inserted: of such Act
Original wording
Page 33, line 19, insert “of such Act” before the period.
Change 17: Replaces “threats,” with “threats to the national security and economy of the United States,”
In H.R. 1560 · Reported in House
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[inserted: to the national security and economy of the United States], including cyber attacks, theft, and data breaches.
(b) Contents.--The report required by subsection (a) shall include the following:
Original wording
Page 38, line 20, strike “threats,” and insert the following: “threats to the national security and economy of the United States,”.
Change 18: Replaces “activiy” with “activity”
In H.R. 1560 · Reported in House
(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
[struck: activiy][inserted: activity] 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.
Original wording
Page 44, line 2, strike “activiy” and insert “activity”.
Change 19: Inserts new text on page 44, line 23
InsertsPrinted pageInserted: (3) State regulation of utilities.--Except as provided by section 3(d)(4)(B), nothing in this Act or the amendments made by this Act shall be construed to supersede any statute, regulation, or other provision of law of a State or political subdivision of a State relating to the regulation of a private entity performing utility services, except to the extent such statute, regulation, or other provision of law restricts activity authorized under this Act or the amendments made by this Act.
Original wording
Page 44, after line 23, insert the following:
Change 20: Strikes section 10
StrikesIn H.R. 1560 · Reported in House
Struck: SEC. 10. CONFORMING AMENDMENTS.
Struck: Section 552(b) of title 5, United States Code, is amended--
Struck: (1) in paragraph (8), by striking "or" at the end;
Struck: (2) in paragraph (9), by striking "wells." and inserting "wells; or"; and
Show 2 more struck paragraphsShow less
Struck: (3) by inserting after paragraph (9) the following:
Struck: "(10) information shared with or provided to the Federal Government pursuant to the Protecting Cyber Networks Act or the amendments made by such Act.".
Original wording
Strike section 10.
Change 21: Strikes “electric”
In H.R. 1560 · Reported in House
(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
[struck: 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).
Original wording
Page 51, line 13, strike “electric”.
Shown as written
Page 27, beginning line 24, strike “of the violation” and all that follows through the period on page 28, line 2, and insert the following: “on which the cause of action arises.”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 5, beginning line 16, strike “in accordance with” and insert “under”.
Page 9, line 2, strike “and is limited to”.
Page 9, beginning line 14, strike “the intentional or reckless operation of any” and insert “a”.
Page 9, beginning line 17, strike “substantially harms, or initiates a new action, process, or procedure on” and insert “, or substantially harms”.
Page 12, beginning line 2, strike “a non-Federal entity, if authorized by applicable law or regulation other than this Act, from sharing” and insert “otherwise lawful sharing by a non-Federal entity of”.
Page 14, line 18, insert “or defensive measure” before “shared”.
Page 23, line 19, strike “section 3(c)(2)” and insert “this Act”.
Page 24, line 15, strike “section 552(b)(3)(B)” and insert “section 552(b)(3)”.
Page 25, line 13, insert “investigating,” after “to,”.
Page 25, line 18, insert “investigating, prosecuting,” after “to,”.
Page 27, line 23, strike “subsection” and insert “section”.
Page 27, beginning line 24, strike “of the violation” and all that follows through the period on page 28, line 2, and insert the following: “on which the cause of action arises.”.
Page 28, line 4, strike “subsection” and insert “section”.
Page 28, line 14, strike “in good faith”.
Page 28, beginning line 22, strike “in good faith”.
Page 33, line 16, insert “of such Act” before the semicolon.
Page 33, line 19, insert “of such Act” before the period.
Page 38, line 20, strike “threats,” and insert the following: “threats to the national security and economy of the United States,”.
Page 44, line 2, strike “activiy” and insert “activity”.
Page 44, after line 23, insert the following:
(3) State regulation of utilities.--Except as provided by section 3(d)(4)(B), nothing in this Act or the amendments made by this Act shall be construed to supersede any statute, regulation, or other provision of law of a State or political subdivision of a State relating to the regulation of a private entity performing utility services, except to the extent such statute, regulation, or other provision of law restricts activity authorized under this Act or the amendments made by this Act.
Strike section 10.
Page 51, line 13, strike “electric”.
Legislative Activity
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House amendment offered
April 22, 2015
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House amendment offered
April 22, 2015
House amendment agreed to: On agreeing to the Nunes amendment (A001) Agreed to by voice vote.
April 22, 2015 • 3:20 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Nunes.(consideration: CR H2391; text: CR H2391)
April 22, 2015 • 3:15 PM
Amendment agreed to Committee of the Whole
April 22, 2015 • 3:20 PM
Amendment (A001) offered by Mr. Nunes. (consideration: CR H2391; text: CR H2391)
April 22, 2015 • 3:15 PM
On agreeing to the Nunes amendment (A001) Agreed to by voice vote.
April 22, 2015 • 3:20 PM