AG

Attorney General

CI

Critical Infrastructure

CPO

Chief Privacy Officer

CRADA

Cooperative research and development agreement

CTIIC

Cyber Threat Intelligence Integration Center

DHS

Department of Homeland Security

DNI

Director of National Intelligence

DOD

Department of Defense

DOJ

Department of Justice

HSA

Homeland Security Act

HSC

House Committee on Homeland Security

HSGAC

Senate Homeland Security and Governmental Affairs Committee

IC

Intelligence community

ICS

Industrial control system

ICS-CERT

Industrial Control System Cyber Emergency Response Team

IG

Inspector General

ISAC

Information sharing and analysis center

ISAO

Information sharing and analysis organization

MOU

Memorandum of understanding

NCCIC

National Cybersecurity and Communications Integration Center

NCPAA

National Cybersecurity Protection Advancement Act of 2015

ODNI

Office of the Director of National Intelligence

PCLOB

Privacy and Civil Liberties Oversight Board

PCNA

Protecting Cyber Networks Act

R&D

Research and development

SSA

Sector-specific agency

Secretary

Secretary of Homeland Security

U.S.

United States

U.S.C.

United States Code

US-CERT

United States Computer Emergency Readiness Team

U/S-CIP

DHS Under Secretary for Cybersecurity and Infrastructure Protection

NCPAA—Title II

PCNA—Title I

"To amend the Homeland Security Act of 2002 to enhance multi-directional sharing of information related to cyber­security risks and strengthen privacy and civil liberties protections, and for other purposes."

"To improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes." [Note: These two official titles have been concatenated in the engrossed version of H.R. 1560.]

Sec. 201. Short Title

Sec. 101. Short Title

National Cybersecurity Protection Advancement Act of 2015

Protecting Cyber Networks Act

Sec. 202. National Cybersecurity and Communications Integration Center

Amends Sec. 226 of the HSA (6 U.S.C. 148). [Note: This section, added by P.L. 113-282, established the National Cybersecurity and Communications Integration Center and is referred to in the bill as the "second section 226" to distinguish it from an identically numbered section added by P.L. 113-277.]

(a) In General

Sec. 110. Definitions

Amends existing definitions:

Cybersecurity Risk: Excludes actions solely involving violations of consumer terms of service or licensing agreements from the definition.

Incident: Replaces the phrase "constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies" with "actually or imminently jeopardizes, without lawful authority, an information system."

Adds the following definitions:

Agency: As in 44 U.S.C. 3502.

Appropriate Federal Entities: Departments of Commerce, Defense, Energy, Homeland Security, Justice, and the Treasury; and Office of the ODNI.

Cybersecurity Threat: An action unprotected by the 1^st Amendment to the Constitution that involves an information system and may result in unauthorized efforts to adversely impact the security, integrity, confidentiality, or availability of the system or its contents, but not including actions solely involving violations of consumer terms of service or licensing agreements.

Cyber Threat Indicator:
Technical information necessary to describe or identify

Cyber Threat Indicator:
Information or a physical object necessary to describe or identify

- a method for network awareness [defined below] of an information system to discern its technical vulnerabilities, if the method is known or reasonably suspected of association with a known or suspected cybersecurity risk, including

- malicious reconnaissance, including

- communications that reasonably appear to have "the purpose of gathering technical information related to a cybersecurity risk,"

- anomalous patterns of communications that appear to have "the purpose of gathering technical information related to a cybersecurity threat or security vulnerability,"

- a method for defeating a technical or security control,

- a method of defeating a security control or exploiting a security vulnerability,

- a technical vulnerability including anomalous technical behavior that may become a vulnerability,

- a security vulnerability or anomalous activity indicating the existence of one,

- a method of causing a legitimate user of an information system or its contents to
inadvertently enable defeat of a technical or operational control,

- a method of causing a legitimate user of an information system or its contents to
unwittingly enable defeat of a security control or exploitation of a security vulnerability,

- a method for unauthorized remote identification, access, or use of an information system or its contents, if the method is known or reasonably suspected of association with a known or suspected cybersecurity risk, or

- "malicious cyber command and control,"

- actual or potential harm from an incident, including exfiltration of information; or

[Identical to NCPAA]

- any other cybersecurity risk attribute that cannot be used to identify specific persons believed to be unrelated to the risk, and

- any other cybersecurity threat attribute the

disclosure of which is not prohibited by law

disclosure of which is not prohibited by law.

- any combination of the above.

[No Corresponding Provision]

Cybersecurity Purpose:
Protecting
an information system or its contents from a cybersecurity risk or incident or identifying a risk or incident source.

Cybersecurity Purpose:
Protecting (including by using defensive measures)
an information system or its contents from a cybersecurity threat or security vulnerability or identifying a threat source.

Defensive Measure:
An "action, device, procedure, signature, technique, or other measure" applied to an information system that "detects, prevents or mitigates a known or suspected cybersecurity risk or incident" or attributes that could help defeat security controls,

Defensive Measure:
An "action, device, procedure, technique, or other measure" executed on an information system or its contents that "prevents or mitigates a known or suspected cybersecurity threat or security vulnerability."

but not including measures that destroy, render unusable, or substantially harm an information system or its contents not operated by that nonfederal entity, except a state, local, or tribal government, or by another nonfederal or federal entity that consented to such actions.

[No Corresponding Provision; however, the authority to operate defensive measures in Sec. 103(b) includes a similar restriction; see p. 15];

Federal Entity: A U.S. department or agency, or any component thereof.

Information System: As in 44 U.S.C. 3502.

Local Government: A political subdivision of a state.

Malicious Cyber Command and Control: "A method for unauthorized remote identification of, access to, or use of an information system" or its contents.

Malicious Reconnaissance: A method, associated with a known or suspected cybersecurity threat, for probing or monitoring an information system to discern its vulnerabilities.

Network Awareness:
Scanning, identifying, acquiring, monitoring, logging, or analyzing the contents of an information system.

Monitor:
Scanning, identifying, acquiring, or otherwise possessing the contents of an information system.

Non-Federal Entity: A private or governmental entity that is not federal, but not including foreign powers as defined in 50 U.S.C. 1801.

Private Entity:
A nonfederal entity that is an individual, nonfederal government utility or "an entity performing utility services," or

Private Entity:
A person, nonfederal government utility, or

private group, organization, proprietorship, partnership, trust, cooperative, corporation, or other commercial or nonprofit entity,

[Identical to NCPAA]

including personnel.

including personnel, but
not including a foreign power as defined in 50 U.S.C. 1801.

Real Time: Automated, machine-to-machine system processing of cyber threat indicators where the occurrence and "reporting or recording" of an event are "as simultaneous as technologically and operationally practicable."

Security Control: The management, operational, and technical controls used to protect an information system and the information stored on, processed by, or transiting it against unauthorized attempts to adversely affect their confidentiality, integrity, or availability.

Security Control: The management, operational, and technical controls used to protect an information system and its information against unauthorized attempts to adversely impact their confidentiality, integrity, or availability.

Security Vulnerability: "Any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control."

Sharing: "Providing, receiving, and disseminating."

Tribal: As in 25 U.S.C. 450b.

(b) Amendment

Specifies tribal governments, private entities, and ISACs as appropriate members of the NCCIC in DHS.

Sec. 203. Information Sharing Structure and Processes

Sec. 102. Sharing of Cyber Threat Indicators and Defensive Measures by the Federal Government With Non-federal Entities

(a) In General

Amends Sec. 226 of the HSA.

Amends Title I of the National Security Act of 1947 by adding a 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) revises the functions of the NCCIC by specifying that it is the "lead" federal civilian interface for information sharing, adding "cyber threat indicators" and "defensive measures" to the subjects it addresses, and expanding its functions to include

'(1)' requires the DNI, in consultation with the heads of appropriate federal entities, to develop and promulgate procedures consistent with protection of classified information, intelligence sources and methods, and privacy and civil liberties, for

- providing information and recommendations on information sharing,

- in consultation with other appropriate agencies, collaborating with international partners, including on enhancing "the security and resilience of the global cybersecurity ecosystem," and

- sharing "cyber threat indicators, defensive measures," and information on cybersecurity risks and incidents with federal and nonfederal entities, including across critical-infrastructure (CI) sectors and with fusion centers.
[Note: See also the provisions on the CTIIC in PCNA, p. 12.]

timely sharing of classified cyber threat indicators and declassified indicators with relevant nonfederal entities, and sharing of information about imminent or ongoing cybersecurity threats to such entities to prevent and mitigate adverse impacts.

- notify the Secretary, the HSC, and the HSGAC of significant violations of privacy and civil liberties protections under 'Sec. 226(i)(6),'

- promptly notifying nonfederal entities that have shared information known to be in error or in contravention to section requirements,

'(2)' requires that procedures for sharing developed by the DNI include methods to notify nonfederal entities that have received information from a federal entity under the title and known to be in error or in contravention to title requirements or other federal law or policy.

- participating in DHS-run exercises, and

Requires that the procedures incorporate existing information-sharing mechanisms of federal and nonfederal entities, including ISACs, as much as possible, and

include methods to promote efficient granting of security clearances to appropriate representatives of nonfederal entities.

(2) expands NCCIC membership to include the following [Note: all are existing entities]:

- an entity that collaborates with state and local governments on risks and incidents and has a voluntary information sharing relationship with the NCCIC,

- the US-CERT for collaboratively addressing, responding to, providing technical assistance upon request on, and coordinating information about and timely sharing of threat indicators, defensive measures, analysis, or information about cybersecurity risks and incidents,

- the ICS-CERT to coordinate with ICS owners and operators, provide training on ICS cybersecurity, timely share information about indicators, defensive measures, or cybersecurity risks and incidents of ICS, and remain current on ICS technology advances and best practices,

- the "National Coordinating Center for Communications to coordinate the protection, response, and recovery of emergency communications," and

- "an entity that coordinates with small and medium-sized businesses."

(3) adds "cyber threat indicators" and "defensive measures" to the subjects covered in the principles of operation of the NCCIC,

Sec. 103. Authorizations for Preventing, Detecting, Analyzing, and Mitigating Cybersecurity Threats

(f) Small Business Participation

Requires that information be shared as appropriate with small and medium-sized businesses and that the NCCIC make self-assessment tools available to them,

Requires the Small Business Administration to assist small businesses and financial institutions in monitoring, defensive measures, and sharing information under the section.
Requires a report with recommendations by the administrator to the President within one year of enactment on sharing by those institutions and use of shared information for network defense.
Requires federal outreach to those institutions to encourage them to exercise the authorities provided under the section.

Specifies that information be guarded against disclosure.

Stipulates that the NCCIC must work with the DHS CPO to ensure that the NCCIC follows privacy and civil liberties policies and procedures under 'Sec. 226(i)(6)';

(4) adds new subsections to Sec. 226 of the HSA:

'(g) Rapid Automated Sharing'

'(1)' requires the DHS U/S-CIP to develop capabilities, in coordination with stakeholders and based as appropriate on existing standards and approaches in the information technology industry, that support and advance automated and timely sharing of threat indicators and defensive measures to and from the NCCIC and with SSAs for each CI sector in accordance with 'Sec. 226(h).'.

'Sec. 111(a)(2)' requires that the procedures ensure the capability of real-time sharing consistent with protection of classified information. [Note: 'Sec. 111(b)(2)' requires procedures to ensure such sharing—see p. 12.]

'(2)' requires the U/S-CIP to report to Congress twice per year on the status and progress of that capability until it is fully implemented.

'(h) Sector Specific Agencies'

Requires the Secretary to collaborate with relevant CI sectors and heads of appropriate federal agencies to recognize each CI SSA designated as of March 25, 2015, in the DHS National Infrastructure Protection Plan. Designates the Secretary as SSA head for each sector for which DHS is the SSA. Requires the Secretary to coordinate with relevant SSAs to
- support CI sector security and resilience activities,
- provide knowledge, expertise, and assistance on request, and
- support timely sharing of threat indicators and defensive measures with the NCCIC.

[Note: For other provisions of 'Sec. 111(a)(2)', see pp. 10 and 19.]

'(b) Definitions'

Defines the following terms by reference to Sec. 110 of the title: Appropriate Federal Entities, Cyber Threat Indicator, Defensive Measure, Federal Entity, and Non-Federal Entity.

(b) Submittal to Congress

Requires that the procedures developed by the DNI be submitted to Congress within 90 days of enactment of the title.

(c) Table of Contents Amendment

Revises the table of contents of the National Security Act of 1947 to reflect the addition of 'Sec. 111'.

Sec. 104. 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) Adds new subsections to 'Sec. 111' of the National Security Act of 1947

'(i) Voluntary Information Sharing Procedures'

'(b) Policies and Procedures for Sharing with the Appropriate Federal Entities Other Than the Department of Defense or the National Security Agency'

'(1)' permits voluntary information-sharing relationships for cybersecurity purposes between the NCCIC and nonfederal entities but prohibits requiring such an agreement.
Permits the NCCIC, at the sole and unreviewable discretion of the Secretary, acting through the U/S-CIP, to terminate an agreement for repeated, intentional violation of the terms of '(i).'
Permits the Secretary, solely and unreviewably and acting through the U/S-CIP, to deny an agreement for national security reasons.

'(1)' requires the President to develop and submit to Congress policies and procedures for federal receipt of cyber threat indicators and defensive measures.

'(2)' permits the relationship to be established through a standard agreement for nonfederal entities not requiring specific terms.
Stipulates negotiated agreements with DHS upon request of a nonfederal entity where NCCIC has determined that they are appropriate, and at the sole and unreviewable discretion of the Secretary, acting through the U/S-CIP.

Stipulates that any agreement in effect prior to enactment of the title will be deemed in compliance with requirements in '(i).' Requires that those agreements include "relevant privacy protections as in effect" under the CRADA for Cybersecurity Information Sharing and Collaboration, as of December 31^st 2014."
Also stipulates that an agreement is not required for an entity to be in compliance with '(i).'

'(2)' requires that they be developed in accordance with the privacy and civil liberties guidelines under Sec. 104(b) of the title, and ensure
- real-time sharing of indicators from nonfederal entities with appropriate federal entities except DOD,
- receipt without delay except for good cause, and
- provision to all relevant federal entities,
- audit capability, and
- appropriate sanctions for federal personnel who knowingly and willfully use shared information other than in accordance with the title.

(2) requires that an interim version of the policies and procedures be submitted to Congress within 90 days of enactment of the title, and the final version within 180 days.

(c) National Cyber Threat Intelligence Integration Center

(1) Adds a new section to the National Security Act of 1947.

'Sec. 119B. Cyber Threat Intelligence Integration Center'

'(a) Establishment'

Establishes the CTIIC within the ODNI.

'(b) Director'

Creates a director for the CTIIC, to be appointed by the DNI.

'(c) Primary Missions'

Specifies the missions of the CTIIC with respect to cyberthreat intelligence as
- serving as the primary federal organization for analyzing and integrating it,
- ensuring full access and support of appropriate agencies to activities and analysis,
- disseminating analysis to the President, appropriate agencies, and Congress,
- coordinating agency activities, and
- conducting strategic federal planning.

'(d) Limitations'

Requires that the CTIIC
- have no more than 50 permanent positions,
- may not augment staff above that limit in carrying out its primary missions, and
- be located in a building owned and operated by an element of the IC,

(4) revises the table of contents of the National Security Act of 1947.

'(3) Information Sharing Authorization'

Sec. 103(c) Authorization for Sharing or Receiving Cyber Threat Indicators or Defensive Measures

Permits nonfederal entities to share, for cybersecurity purposes, cyber threat indicators, and defensive measures, from their own information systems or those of other entities upon written consent,

(1) permits nonfederal entities to share, for cybersecurity purposes and consistent with privacy requirements under (d)(2) and protection of classified information, lawfully obtained cyber threat indicators or defensive measures

with other nonfederal entities or the NCCIC,

with other nonfederal entities or appropriate federal entities except DOD,

notwithstanding any other provision of law, except that recipients must comply with lawful restrictions on sharing and use imposed by the source.

(1,2) [Similar to NCPAA].

(d) Protection and Use of Information

Requires reasonable efforts by nonfederal and federal entities, prior to sharing, to

(2) requires reasonable efforts by nonfederal entities, before sharing a threat indicator, to

safeguard personally identifying information from unintended disclosure or unauthorized access or acquisition and

remove or exclude such information where it is reasonably believed when it is shared to be unrelated to a cybersecurity risk or incident.

remove information reasonably believed to be personal or personally identifying of a specific person not directly related to a cybersecurity threat, or
implement a technical capability for removing such information.

Sec. 109. Construction and Preemption

(f) Information Sharing Relationships

Stipulates that nothing in '(3)'
- limits or modifies an existing information sharing relationship or prohibits or requires a new one,

Stipulates that nothing in the title
- (1) limits or modifies an existing information sharing relationship or (2) prohibits or requires a new one,

Sec. 103(c)(3) stipulates that nothing in (c)
- authorizes information sharing other than as provided in (c),
- permits unauthorized sharing of classified information,
- authorizes federal surveillance of any person,
- prohibits a federal entity, at the request of a nonfederal entity, from technical discussion of threat indicators and defensive measures and assistance with vulnerabilities and threat mitigation,
- prohibits otherwise lawful sharing by a nonfederal entity of indicators or defensive measures with DOD, or

- limits otherwise lawful activity, or

[Similar to NCPAA]

- impacts or modifies existing procedures for reporting criminal activity to appropriate law enforcement authorities, or participating in an investigation.

Requires the U/S-CIP to coordinate with stakeholders to develop and implement policies and procedures to coordinate disclosures of vulnerabilities as practicable and consistent with relevant international industry standards.

'(4) Network Awareness Authorization'

(a) Authorization for Private-Sector Defensive Monitoring

Permits nonfederal, nongovernment entities, notwithstanding any other provision of law, to conduct network awareness, for cybersecurity purposes and to protect rights or property, of

(1) permits private entities, notwithstanding any other provision of law, to
monitor, for cybersecurity purposes,

- its own information systems,

[Similar to NCPAA],

- with written consent, information systems of a nonfederal or federal entity, or

[Similar to NCPAA], or

- the contents of such systems.

[Similar to NCPAA].

Stipulates that nothing in '(4)'
- authorizes network awareness other than as provided in the section, or

(2) stipulates that nothing in (a)
- authorizes monitoring other than as provided in the title,

- limits otherwise lawful activity.

[Similar to NCPAA] or

- authorizes federal surveillance of any person.

'(5) Defensive Measure Authorization'

(b) Authorization for Operation of Defensive Measures

Permits nonfederal, nongovernment entities to operate defensive measures, for cybersecurity purposes and to protect rights or property, that are applied to

(1) permits private entities to operate defensive measures, for a cybersecurity purpose and to protect rights or property, that are operated on

- its own information systems,

[Similar to NCPAA], or

- with written consent, information systems of a nonfederal or federal entity, or

with written authorization, information systems of a nonfederal or federal entity, or

- the contents of such systems,

notwithstanding any other provision of law, except that measures may not be used except as authorized in the section, and '(5)' does not limit otherwise lawful activity.

(1) notwithstanding any other provision of law, except that (3) measures may not be used except as authorized in (b), and (b) does not limit otherwise lawful activity.

[No Corresponding Provision; however, the definition of defensive measure in Sec. 202(a) includes a similar restriction; see p. 8.]

(2) stipulates that (1) does not authorize operation of defensive measures that destroy, render wholly or partly unusable or inaccessible, or substantially harm an information system or its contents not owned by either the private entity operating the measure or a nonfederal or federal entity that provided written authorization to that private entity.

(e) No Right or Benefit

Stipulates that sharing of indicators with a nonfederal entity creates no right or benefit to similar information by any nonfederal entity.

'(6) Privacy and Civil Liberties Protections'

Sec. 104(b) Privacy and Civil Liberties

Requires the U/S-CIP, in coordination with the DHS CPO and Chief Civil Rights and Civil Liberties Officer,

(1) requires the AG, in consultation with appropriate federal agency heads and agency privacy and civil liberties officers,

to establish and review annually policies and procedures on information shared with the NCCIC under the section.

to develop and review periodically guidelines on privacy and civil liberties to govern federal handling of cyber threat indicators obtained through the title's provisions.

Requires that they apply only to DHS, consistent with the need for timely protection of information systems from and mitigation of cybersecurity risks and incidents, the policies and procedures

(2) requires that, consistent with the need for protection of information systems and threat mitigation, the guidelines

- be consistent with DHS FIPPs,

- be consistent with FIPPs in the White House National Strategy for Trusted Identities in Cyberspace [Note: The two versions of the principles are identical, except that the DHS version applies the principles to DHS whereas the White House document applies them to "organizations"],

- "reasonably limit, to the extent practicable, receipt, retention, use, and disclosure of cybersecurity threat indicators and defensive measures associated with specific persons" not needed for timely protection of systems and networks,

- limit receipt, retention, use, and dissemination of cybersecurity threat indicators containing personal information of or identifying specific persons,

including by establishing processes for prompt destruction of information known not to be directly related to uses for cybersecurity purposes, setting limitations on retention of indicators, and notifying recipients that indicators may be used only for cybersecurity purposes,

- minimize impacts on privacy and civil liberties,

- limit impacts on privacy and civil liberties of federal activities under the title, including

- provide data integrity through prompt removal and destruction of obsolete or erroneous personal information unrelated to the information shared and retained by the NCCIC in accordance with this section,

guidelines for removal of personal and personally identifying information handled by federal entities under the title,

- include requirements to safeguard from unauthorized access or acquisition cyber threat indicators and defensive measures retained by the NCCIC,

- include requirements to safeguard from unauthorized access or acquisition cyber threat indicators

identifying specific persons, including proprietary or business-sensitive information,

containing personal information of or identifying specific persons,

- protect the confidentiality of cyber threat indicators and defensive measures associated with specific persons, to the greatest extent practicable,

- ensure that relevant constitutional, legal, and privacy protections are observed.

- be consistent with other applicable provisions of law,

- include procedures to notify entities if a federal entity receiving information knows that it is not a cyber threat indicator,

- include steps to ensure that dissemination of indicators is consistent with the protection of classified and other sensitive national security information.

Stipulates that the U/S-CIP may consult with NIST in developing the policies and procedures.

Requires the DHS CPO and the Officer for Civil Rights and Civil Liberties, in consultation with the PCLOB, to submit to appropriate congressional committees

(3) requires the AG to submit to Congress

the policies and procedures within 180 days of enactment and annually thereafter.

interim guidelines within 90 days of enactment and final guidelines within 180 days.

Requires the U/S-CIP, in consultation with the PCLOB and the DHS CPO and Chief Civil Rights and Civil Liberties Officer, to ensure public notice of and access to the policies and procedures.

Requires the DHS CPO to
- monitor implementation of the policies and procedures,
- submit to Congress an annual review on their effectiveness,
- work with the U/S-CIP to carry out provisions in '(c)' on notification about violations of privacy and civil liberties policies and procedures and about information that is erroneous or in contravention of section requirements,
- regularly review and update impact assessments as appropriate to ensure that all relevant protections are followed, and

- ensure appropriate sanctions for DHS personnel who knowingly and willfully conduct unauthorized activities under the section.

(2) requires that the AG's guidelines include appropriate sanctions for federal activities in contravention of them. [Note: The provision does not specify whether these sanctions are limited to violation of requirements for safeguarding information or the guidelines as a whole.],

Sec. 107. Oversight of Government Activities

(b) Reports on Privacy and Civil Liberties.

Requires the DHS IG, in consultation with the PCLOB and IGs of other agencies receiving shared indicators or defensive measures from the NCCIC, to submit a report to HSC and HSGAC within two years of enactment and periodically thereafter reviewing such information, including

(2) requires the IGs of DHS, the IC, DOJ, and DOD, in consultation with the IG Council, to jointly submit a report to Congress within two years of enactment and biennially thereafter, on

- receipt, use, and dissemination of cybersecurity indicators and defensive measures shared with federal entities under the section,

- receipt, use, and dissemination of cybersecurity indicators and defensive measures shared with federal entities under the title,

- information on NCCIC use of such information for purposes other than cybersecurity,

- types of information shared with the NCCIC,

- types of indicators shared with federal entities,

- actions taken by NCCIC based on shared information;

- actions taken by federal entities as a result of receiving shared indicators,

- metrics to determine impacts of sharing on privacy and civil liberties,

- a list of federal agencies receiving the information,

- a list of federal entities receiving the indicators,

- review of sharing of information within the federal government to identify inappropriate stovepiping of shared information, and

- review of sharing of indicators among federal entities to identify inappropriate barriers to sharing information,

- procedures for sharing information and removal of personal and identifying information, and incidents involving improper treatment of it, and

- recommendations for improvements or modifications to sharing under the section.

- recommendations for improvements or modifications to authorities under the title.

Requires that the reports be submitted in unclassified form but permits a classified annex.

Requires public availability of unclassified parts of the reports.

(1) adds a new paragraph to Sec. 1061(e) of the Intelligence Reform and Terrorism Prevention Act of 2004:

Requires the DHS CPO and Chief Civil Rights and Civil Liberties Officer, in consultation with the PCLOB, the DHS IG, and senior privacy and civil liberties officers of each federal agency receiving indicators or defensive measures shared with the NCCIC, to

'(3)' requires the PCLOB to

submit a biennial report to Congress

submit a biennial report to Congress and the President

assessing impacts on privacy and civil liberties of federal activities under '(6)', including

assessing impacts of activities under the title on and sufficiency of policies, procedures, and guidelines in addressing concerns about privacy and civil liberties, including

recommendations to minimize or mitigate such impacts.

recommendations for improvements or modifications to authorities under the title.

Requires that the reports be submitted in unclassified form but permits a classified annex.

Requires public availability of unclassified parts of the reports.

(a) Biennial Report on Implementation

(I) Adds to 'Sec. 111' of the National Security Act

'(c) Biennial Report on Implementation'

'(1)' requires the DNI to submit a report to Congress on implementation of the title, (2) within one year of enactment and '(1)' at least biennially thereafter, '(2)' including

- review of types of indicators shared with the federal government,

- the degree to which such information may impact privacy and civil liberties of specific persons, along with quantitative and qualitative assessment of such impacts and adequacy of federal efforts to reduce them,

- assessment of sufficiency of policies, procedures, and guidelines to ensure effective and responsible sharing under Sec. 4 [sic] of PCNA,

- sufficiency of procedures under Sec. 3 [sic] for timely sharing, [Note: References 'Sec. 111(a)(1)' as added by the title; see p. 10],

- appropriateness of classification of indicators and accounting of security clearances authorized,

- federal actions taken based on shared indicators, including appropriateness of subsequent use or dissemination under the title,

- description of any significant federal violations of the requirements of the title, including assessments of all reports of federal personnel misusing information provided under the title and all disciplinary actions taken, and

- a summary of the number and types of nonfederal entities receiving classified indicators from the federal government and evaluation of risks and benefits of such sharing.

-assessment of personal or personally identifying information not directly related to a threat that was shared by a nonfederal entity with the federal government in contravention to Sec. 3(d)(2) or within the government in contravention of Sec. 4(b) guidelines. [Note: Intended reference presumably to Sec. 103 and 104 respectively.]

'(3)' permits reports to include recommendations for improvements or modifications to authorities and processes under the title.

'(4)' requires that the reports be submitted in unclassified form but permits a classified annex.

'(5)' requires public availability of unclassified parts of the reports.

'(7) Uses and Protection of Information'

Sec. 103. Authorizations for Preventing, Detecting, Analyzing, and Mitigating Cybersecurity Threats

(d) Protection and Use of Information

[Nonfederal Entities]

Permits a nonfederal, nongovernment entity that shares indicators or defensive measures with the NCCIC to

(3) permits a nonfederal entity [Note: including government entities], for a cybersecurity purpose, to

use, retain, or disclose indicators and defensive measures, solely for cybersecurity purposes.

use indicators or defensive measure shared or received under (d) to monitor or operate a defensive measure on its own information systems or those of other nonfederal or federal entities upon written authorization from them, with

Requires reasonable efforts prior to sharing to safeguard personally identifying information from unintended disclosure and unauthorized access or acquisition, and remove or exclude such information where it is reasonably believed when shared to be unrelated to a cybersecurity risk or incident.

[See (2), p. 13, describing requirements for removal of personal information].

Requires compliance with appropriate restrictions on subsequent disclosure or retention placed by a federal or nonfederal entity on indicators or defensive measures disclosed to other entities.

further use, retention, or sharing subject to lawful restrictions by the sharing entity or otherwise applicable provisions of law.

Stipulates that the information shall be deemed voluntarily shared.

Requires implementation and utilization of security controls to protect against unauthorized access or acquisition.

(1) requires implementation of appropriate security controls to protect against unauthorized access or acquisition. [Note: Also applies to nonfederal government entities.]

Prohibits use of such information to gain an unfair competitive advantage.

[Federal Entities]

Sec. 104(d) Information Shared with or Provided to the Federal Government

Permits federal entities receiving indicators or defensive measures from the NCCIC or otherwise under the section to use, retain, or further disclose it solely for

(5) permits federal entities or personnel receiving indicators or defensive measures under the title to, consistent with otherwise applicable provisions of federal law, use, retain, or disclose it solely for

cybersecurity purposes.

a cybersecurity purpose,

[Note: Sec. 216 (see p. 28) permits use of information obtained from federal systems for investigating, prosecuting, disrupting, or otherwise responding to

responding to, investigating, prosecuting, or otherwise preventing or mitigating

imminent threats of death or serious bodily harm

threats of death or serious bodily harm or offenses arising out of such threats,

serious threats to minors, including sexual exploitation or threats to physical safety, and

serious threats to minors, including sexual exploitation and threats to physical safety, and

violations of 18 U.S.C. 1030 [computer fraud], or

- preventing, investigating, disrupting, or prosecuting offenses listed in 18 U.S.C. 1028-30, 3559(c)(2)(F), and Ch. 37 and 90 [computer fraud and identity theft, espionage and censorship, protection of trade secrets, and serious violent felonies].

attempts or conspiracy to commit the above offenses.]

Prohibits federal disclosure, retention, or use for any purpose not permitted under (5).

Requires reasonable efforts prior to sharing to safeguard personally identifying information from unintended disclosure and unauthorized access or acquisition, and remove or exclude such information where it is reasonably believed when shared to be unrelated to a cybersecurity risk or incident.

Stipulates that the policies, procedures, and guidelines in (a) [on provision of information to the federal government] and (b) [on privacy and civil liberties] of the title apply to such information.

'Sec. 111(a)(2)' requires that procedures for sharing developed include methods for federal entities to assess, prior to sharing, whether an indicator contains information known to be personal or personally identifying of a specific person and to remove such information, or to implement a technical capability to remove or exclude such information.

Stipulates that the indicators and defensive measures shall be deemed voluntarily shared.

Sec. 104(d)(3) stipulates that the information shall be deemed voluntarily shared.

Requires implementation and utilization of security controls to protect against unauthorized access or acquisition.

'Sec. 111(a)(2)' requires that procedures for sharing developed by the DNI include requirements for federal entities to implement security controls to protect against unauthorized access to or acquisition of shared information.

Sec. 109(a) Prohibition of Surveillance

Prohibits use in surveillance or collection activities to track an individual's personally identifiable information except as authorized in the section.

Stipulates that the title does not authorize DOD or any element of the IC to target a person for surveillance.

Stipulates that the information is exempt from disclosure under 5 U.S.C. 552 [the Freedom of Information Act (FOIA)] or nonfederal disclosure laws and withheld, without discretion, from the public under 5 U.S.C. 552(3)(B).

Sec. 104(d)(3) [Similar to NCPAA], and

under nonfederal disclosure laws, except for those requiring disclosure in criminal prosecutions.

Prohibits federal use for regulatory purposes.

[Note: No specific corresponding prohibition, but Sec. 104(d)(5) above prohibits federal disclosure, retention, or use for any purpose other than those specified in the paragraph.]

Specifies that there is no waiver of applicable privilege or protection under law, including trade-secret protection;

(1) [Similar to NCPAA].

Requires that the information be considered the commercial, financial, and proprietary information of the nonfederal entity when so designated by it.

(2) requires that, consistent with the title, the information be considered the commercial, financial, and proprietary information of the originating nonfederal source, when so designated by such source or nonfederal entity acting with written authorization from it.

Stipulates that the information is not subject to judicial doctrine or rules of federal entities on ex-parte communications.

(4) [Similar to NCPAA]

[Nonfederal Government Entities]

[Note: See also Nonfederal Entities, p. 18]

Permits state, local, and tribal government to

Sec. 103(d)(4) permits state, local, and tribal government entities

use, retain, or further disclose indicators or defensive measures shared under the section solely for cybersecurity purposes.

to use shared cyber threat indicators for cybersecurity purposes,

responding to, prosecuting, or otherwise preventing or mitigating threats of death or serious bodily harm or offenses arising out of such threats, or
responding to serious threats to minors, including sexual exploitation and threats to physical safety.

Requires reasonable efforts prior to sharing to safeguard personally identifying information from unintended disclosure and unauthorized access or acquisition, and remove or exclude such information where it is reasonably believed when shared to be unrelated to a cybersecurity risk or incident.

[See (2), p. 13, describing requirements for removal of personal information].

Stipulates that the information be considered "commercial, financial, and proprietary" if so designated by the provider.

[Note: Sec. 103(d)(3) stipulates that further use, retention, or sharing of information received by a nonfederal entity is subject to lawful restrictions by the sharing entity or otherwise applicable provisions of law. See Nonfederal Entities, p. 18.]

Stipulates that the indicators and defensive measures shall be deemed voluntarily shared.

Stipulates that such shared indicators or defensive measures be deemed voluntarily shared and exempt from disclosure, and

Requires implementation and utilization of security controls to protect against unauthorized access or acquisition.

(1) requires implementation of appropriate security controls to protect against unauthorized access or acquisition. [Note: Also applies to nonfederal nongovernment entities.]

Exempts the information from disclosure under nonfederal disclosure laws or regulations.

Exempts the information from disclosure under nonfederal disclosure laws or regulations, except as required in criminal prosecutions.

Prohibits use for regulation of lawful activities of nonfederal entities.

'(8) Liability Exemptions'

Sec. 106. Protection from Liability

(a) Monitoring of Information Systems

States that "no cause of action shall lie or be maintained in any court" against nonfederal, nongovernment entities for conducting network awareness under '(4)' in accordance with the section or

States that "no cause of action shall lie or be maintained in any court" against private entities for monitoring information systems under Sec. 103(a) conducted in accordance with the title or

(b) Sharing or Receipt of Cyber Threat Indicators

for sharing indicators or defensive measures under '(3),' or a good-faith failure to act if sharing is done in accordance with the section.

for information sharing under Sec. 103(c) in accordance with the title, or a good-faith failure to act if sharing is done in accordance with the title.

(c) Willful Misconduct

Stipulates that nothing in the section

(1) stipulates that nothing in the section

- requires dismissal of a cause of action against a nonfederal, nongovernment entity that engages in willful misconduct in the course of activities under the section.

- requires dismissal of a cause of action against a nonfederal entity that engages in willful misconduct in the course of activities under the title, or

- undermines or limits availability of otherwise applicable common law or statutory defenses.

[Identical to NCPAA]

Establishes the burden of proof as clear and convincing evidence from the plaintiff of injury-causing willful misconduct,

(2) [Similar to NCPAA]

Defines willful misconduct as an act or omission taken intentionally to achieve a wrongful purpose, knowingly without justification, and in disregard of risk of highly probable harm that outweighs any benefit.

(3) [Similar to NCPAA].

'(9) Federal Government Liability for Violations of Restrictions on the Use and Protection of Voluntarily Shared Information'

Sec. 105. Federal Government Liability for Violations of Privacy or Civil Liberties

(a) In General

Makes the federal government liable to injured persons for intentional or willful violation of restrictions on federal disclosure and use under 'Sec. 226', with minimum damages of $1,000 plus

Makes the federal government liable to injured persons for intentional or willful violation of privacy and civil liberties guidelines under Sec. 104(b), with minimum damages of $1,000 plus

reasonable attorney fees as determined by the court and other reasonable litigation costs in any case under (a) where "the complainant has substantially prevailed."

[Identical to NCPAA]

(b) Venue

Stipulates the federal district courts where the case may be brought as the one in which the complainant resides or the principal place of business is located, the District of Columbia, or

[Identical to NCPAA]

where the federal department or agency that disclosed the information is located.

where the federal department or agency that violated the guidelines is located.

(c) Statute of Limitations

Sets the statute of limitations under '(i)' at two years from the date on which the cause of action arises.

Sets the statute of limitations under Sec. 105 at two years from the date on which the cause of action arises.

(d) Exclusive Cause of Action.

Sets action under '(i)' as the exclusive remedy for violation of restrictions under '(i)(3),' '(i)(6),' or '(i)(7)(B)'.

Sets action under (d) as the exclusive remedy for federal violations under the title.

'(10) Anti-Trust Exemption'

Exempts nonfederal entities from violation of antitrust laws for sharing indicators or defensive measures or providing assistance for cybersecurity purposes, provided that the action is taken to assist with preventing, investigating, or mitigating a cybersecurity risk or incident.

'(11) Construction and Preemption'

Sec. 109(b) Otherwise Lawful Disclosures

Stipulates that the section does not limit or prohibit otherwise lawful disclosures or participation in an investigation by a nonfederal entity of information to any other federal or nonfederal entity.

Stipulates that the title does not limit or prohibit otherwise lawful disclosures by a nonfederal entity of information to any other federal or nonfederal entity, or
any otherwise lawful use by a federal entity, whether or not the disclosures duplicate those made under the title.

(c) Whistle Blower Protections

Stipulates that the section does not prohibit or limit disclosures protected under 5 U.S.C. 2302(b)(8), 5 U.S.C. 7211, 10 U.S.C. 1034, 50 U.S.C. 3234, or similar provisions of federal or state law.

Stipulates that the title does not prohibit or limit disclosures protected under 5 U.S.C. 2302(b)(8), 5 U.S.C. 7211, 10 U.S.C. 1034, or similar provisions of federal or state law.

(e) Relationship to Other Laws

Stipulates that the section does not affect any requirements under other provisions of law for nonfederal entities providing information to federal entities.

Stipulates that the title does not affect any requirements under other provisions of law for nonfederal entities providing information to federal entities.

(g) Preservation of Contractual Obligations and Rights

Stipulates that the section does not change contractual relationships between nonfederal entities or them and federal entities or abrogate trade-secret or intellectual property rights.

Stipulates that the title does not change contractual relationships between nonfederal entities or them and federal entities, or abrogate trade-secret or intellectual property rights.

(h) Anti-Tasking Restriction

Stipulates that the section does not permit the federal government to require nonfederal entities to provide it with information, or

Stipulates that the title does not permit the federal government to require nonfederal entities to provide it with information, or

condition sharing of indicators or defensive measures on provision by such entities of indicators or defensive measures, or

condition sharing of indicators on provision of indicators, or

condition award of grants, contracts, or purchases on such provision.

condition award of grants, contracts, or purchases on such provision.

(i) No Liability for Non-Participation

Stipulates that the section does not create liabilities for any nonfederal entities that choose not to engage in the voluntary activities authorized in the section.

Stipulates that the title does not create liabilities for any nonfederal entities that choose not to engage in a voluntary activity authorized in the title.

(j) Use and Retention of Information

Stipulates that the section does not authorize or modify existing federal authority to retain and use information shared under the title for uses other than those permitted under the section.

Stipulates that the title does not authorize or modify existing federal authority to retain and use information shared under the title for uses other than those permitted under the title.

Stipulates that the section does not restrict or condition sharing for cybersecurity purposes among nonfederal entities or require sharing by them with the NCCIC.

Stipulates that nothing in the bill "shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning."

(k) Federal Preemption

Specifies that the section supersedes state and local laws relating to its provisions

(1) specifies that the title supersedes state and local laws relating to its provisions.

(2) stipulates that the title does not supersede state and local laws on use of authorized law enforcement practices and procedures.

(3) stipulates that, except with respect to exemption from disclosure under Sec. 103(b)(4), the title does not supersede state and local law on private entities performing utility services except to the extent that they restrict activities under the title.

Requires the Secretary to develop policies and procedures for direct reporting by the NCCIC Director of significant risks and incidents.

Requires the Secretary to build on existing mechanisms to promote public awareness about the importance of securing information systems.

Requires a report from the Secretary within 180 days of enactment to HSC and HSGAC on efforts to bolster collaboration on cybersecurity with international partners.

Requires the Secretary, within 60 days of enactment, to publicly disseminate information about ways of sharing information with the NCCIC, including enhanced outreach to CI owners and operators.

(d) Protection of Sources and Methods

Stipulates that the title does not affect federal enforcement actions on classified information or conduct of authorized law-enforcement or intelligence activities, or modify the authority of the President or federal entities to protect and control dissemination of classified information, intelligence sources and methods, and U.S. national security.

Sec. 204. Information Sharing and Analysis Organizations

Amends Sec. 212 of the HSA to

(1) broaden the functions of ISAOs to include cybersecurity risk and incident information beyond that relating to critical infrastructure, and

(2) add by reference the definitions of cybersecurity risk and incident in 6 U.S.C. 148(a).

Sec. 205. Streamlining of Department of Homeland Security Cybersecurity and Infrastructure Protection Organization

(a) Cybersecurity and Infrastructure Protection Directorate

Renames the DHS National Protection and Programs Directorate as the Cybersecurity and Infrastructure Protection. [Sic.]

(b) Senior Leadership of the Cybersecurity and Infrastructure Protection Directorate

Provides a specific title for the undersecretary in charge of critical infrastructure protection as U/S-CIP. Also adds two deputy undersecretaries, one for cybersecurity and the other for infrastructure protection. Does not require new appointments for current officeholders and specifies that appointment of the undersecretaries does not require Senate confirmation.

(c) Report

Requires a report to HSC and HSGAC from the U/S-CIP within 90 days of enactment on the feasibility of becoming an operational component of DHS, If that is determined to be the best option for mission fulfillment, requires submission of a legislative proposal and implementation plan. Also requires that the report include plans for more effective execution of the cybersecurity mission, including expediting of information sharing agreements.

Sec. 206. Cyber Incident Response Plans

(a) In General

Amends Sec. 227 of the HSA to change "Plan" to "Plans" in the title, to specify the U/S-CIP as the responsible official, and to add a new subsection:

'(b) Updates to the Cyber Incident Annex to the National Response Framework'

Requires the Secretary, in coordination with other agency heads and in accordance with the National Cybersecurity Incident Response Plan, to update, maintain, and exercise regularly the Cyber Incident Annex to the DHS National Response Framework.

(b) Clerical Amendment

Amends the table of contents of the act to reflect the title change made by (a).

Sec. 207. Security and Resiliency of Public Safety Communications; Cybersecurity Awareness Campaign

(a) In General

Adds two new sections to the HSA:

'Sec. 230. Security and Resiliency of Public Safety Communications'

Requires the NCCIC to coordinate with the DHS Office of Emergency Communications to assess information on cybersecurity incidents involving public safety communications to facilitate continuous improvement in those communications.

'Sec. 231. Cybersecurity Awareness Campaign'

'(a) In General'

Requires the U/S-CIP to develop and implement an awareness campaign on risks and best practices for mitigation and response, including at a minimum public service announcements and information on best practices that are vendor- and technology-neutral.

'(b) Consultation'

Requires consultation with a wide range of stakeholders.

'Sec. 232. National Cybersecurity Preparedness Consortium'

'(a) In General'

Authorizes the Secretary to establish the National Cybersecurity Preparedness Consortium to

'(b) Functions'

- provide cybersecurity training to state and local first responders and officials,
- establish a training curriculum for them using the DHS Community Cyber Security Maturity Model,
- provide technical assistance for improving capabilities,
- conduct training and simulation exercises,
- coordinate with the NCCIC to help states and communities develop information sharing programs, and
- coordinate with the National Domestic Preparedness Consortium to incorporate cybersecurity into emergency management functions.

'(c) Members'

Stipulates that members be academic, nonprofit, and government partners with prior experience conducting cybersecurity training and exercises in support of homeland security.

(b) Clerical Amendment

Amends the table of contents of the act to include the new sections.

Sec. 208. Critical Infrastructure Protection Research and Development

(a) Strategic Plan; Public-Private Consortiums

Adds a new section to the HSA:

'Sec. 318. Research and Development Strategy for Critical Infrastructure Protection'

'(a) In General'

Requires the Secretary to submit to Congress within 180 days of enactment, and biennially thereafter, a strategic plan to guide federal R&D in technology relating to both cyber- and physical security for CI.

'(b) Contents of Plan'

Requires the plan to include

- CI risks and technology gaps identified in consultation with stakeholders and a resulting risk and gap analysis,

- prioritized needs based on that analysis, emphasizing technologies to address rapidly evolving threats and technology and including clearly defined roadmaps,

- facilities and capabilities required to meet those needs,

- current and planned programmatic initiatives to foster technology advancement and deployment, including collaborative opportunities, and

- progress on meeting plan requirements.

'(c) Coordination'

Requires coordination between the DHS Under Secretaries for Science and Technology and for the National Protection and Programs Directorate. [Note: Sec. 205 renames the latter position as the U/S-CIP.]

'(d) Consultation'

Requires the Under Secretary for Science and Technology to consult with CI Sector Coordinating Councils, heads of other relevant federal agencies, and state, local, and tribal governments as appropriate.

(b) Clerical Amendment

Amends the table of contents of the act to include the new section.

Sec. 209. Report on Reducing Cybersecurity Risks in DHS Data Centers

Requires a report to HSC and HSGAC within one year of enactment on the feasibility of creating an environment within DHS for reduction in cybersecurity risks in data centers, including but not limited to increased compartmentalization of systems with a mix of security controls among compartments.

Sec. 108. Report on Cybersecurity Threats

(a) Report Required

Requires the DNI, in consultation with heads of other appropriate elements of the IC, to submit within 180 days of enactment a report to the House and Senate Intelligence Committees on cybersecurity threats to the U.S. national security and economy, including attacks, theft, and data breaches.

(b) Contents

Requires that the report include

(1) assessments of current U.S. intelligence sharing and cooperation relationships with other countries on such threats directed against the United States and threatening U.S. national security interests, the economy, and intellectual property, identifying the utility of relationships, participation by elements of the IC, and possible improvements,

(2) a list and assessment of countries and nonstate actors constituting the primary sources of such threats,

(3) description of how much U.S. capabilities to respond to or prevent such threats to the U.S. private sector are degraded by delays in notification of the threats,

(4) assessment of additional technologies or capabilities that would enhance the U.S. ability to prevent and respond to such threats, and

(5) assessment of private-sector technologies or practices that could be rapidly fielded to assist the IC in preventing and responding to such threats.

(c) Form of Report

Requires that the report be unclassified, but may include a classified annex.

(d) Public Availability of Report

Requires that the unclassified portion of the report be publicly available.

(e) Intelligence Community Defined

Defines intelligence community as in 50 U.S.C. 3003.

Sec. 210. Assessment

Requires the Comptroller General, within two years of enactment, to submit a report to HSC and HSGAC assessing implementation of the title and, as practicable, findings on increased sharing at NCCIC and throughout the United States.

Sec. 211. Consultation

Requires a report from the U/S-CIP on "the feasibility of a prioritization plan in the event of simultaneous multi-CI incidents.

Sec. 212. Technical Assistance

Requires the DHS IG to review US-CERT and ICS-CERT operations to assess their capacity for responding to current and potentially increasing requests for technical assistance from nonfederal entities.

Sec. 213. Prohibition on New Regulatory Authority

Sec. 109(l) Regulatory Authority

Stipulates that the title does not grant DHS new authority to promulgate regulations or set standards relating to cybersecurity for nonfederal, nongovernmental entities.

Stipulates that the title does not authorize (1) promulgation of regulations or (2) establishment of regulatory authority not specified by the title, or (3) duplicative or conflicting regulatory actions.

Sec. 214 Sunset

Ends all requirements for reports in the title seven years after enactment.

Sec. 215. Prohibition on New Funding

Stipulates that the title does not authorize additional funds for implementation and must be carried out using available amounts.

Sec. 216. Protection of Federal Information Systems

(a) In General

Adds a new section to the HSA.

'Sec. 233. Available Protection of Federal Information Systems'

'(a) In General'

Requires the Secretary to make available to agencies capabilities, including technologies for continuous diagnostics and mitigation, for protecting federal information systems and their contents from risks.

'(b) Activities'

Authorizes the Secretary to

- access information on a system regardless of location, and permits agency heads to disclose such information to the Secretary or a private entity assisting the Secretary, notwithstanding any other provision of law that would otherwise restrict such disclosure,

- obtain assistance through agreements or otherwise from private entities for implementing technologies under '(a),'

- use, retain, and disclose information obtained under this section only to protect federal systems and their contents or,

with approval of the AG, to respond to
violations of 18 U.S.C. 1030 [on computer fraud and related activities],
threats of death or serious bodily harm,
serious threats to minors, including sexual exploitation and threats to physical safety, or
attempts or conspiracy to commit such offenses.

[Note: Sec. 104(d)(5) has related provisions for information shared with the federal government (see p. 19).]

'(c) Conditions'

Requires that the agreements bar disclosure of identifying information reasonably believed to be unrelated to a cybersecurity risk except to DHS or the disclosing agency, or use of information accessed under the section by a private entity for any purpose other than protecting federal information systems and their contents or administration of the agreement.

'(d) Limitation'

States that no cause of action shall lie against a private entity for assistance provided in accordance with this section and an agreement under '(b).'

(b) Clerical Amendment

Amends the table of contents of the act to include the new section.

Sec. 217 Sunset

Sec. 112 Sunset

Terminates the provisions in the title seven years after enactment.

[Identical to NCPAA]

Sec. 218. Report on Cybersecurity Vulnerabilities of United States Ports

Requires a report with recommendations from the Secretary to HSC, HSGAC, House Committee on Transportation and Infrastructure, and Senate Committee on Commerce, Science, and Transportation within 180 days of enactment on cybersecurity vulnerabilities for the ten ports that the Secretary determines are at greatest risk of an incident.

Sec. 219. Report on Cybersecurity and Critical Infrastructure

Authorizes the Secretary to consult with sector-specific entities on a report to HSC and HSGAC on federally funded cybersecurity R&D with private-sector efforts to protect privacy and civil liberties while protecting CI, including promoting R&D for secure and resilient design and construction, enhanced modeling of impacts from incidents or threats, and facilitating incentivization of investments to strengthen cybersecurity and resilience of CI.

Sec. 220. GAO Report on Impact Privacy and Civil Liberties

Sec. 111. Comptroller General Report on Removal of Personal Identifying Information

(a) Report

Requires a report from the Comptroller General to HSC and HSGAC within five years of enactment assessing the impacts of NCCIC activities on privacy and civil liberties.

Requires a report from the Comptroller General to Congress within three years of enactment on federal actions to remove personal information from threat indicators pursuant to Sec. 104(b).

(b) Form

Requires that the report be unclassified but permits a classified annex.