THE DAILY WHIP: WEDNESDAY, APRIL 17, 2013

For Immediate Release:

April 17, 2013

Contact:

Katie GrantStephanie Young, 202-225-3130

House Meets At: First Vote Predicted: Last Vote Predicted:

10:00 a.m.: Morning Hour
12:00 p.m.: Legislative Business

Fifteen “One Minutes” per side

1:30 - 2:00 p.m. 4:30 - 5:30 p.m.

H.Res. 164 – Rule providing for consideration of H.R. 624 – Cyber Intelligence Sharing and Protection Act (Rep. Rogers (MI) - Intelligence) (One Hour of debate) The Rules committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the chair and ranking member of the Committee on Intelligence.  The Rule allows 12 amendments debatable for 10 minutes equally divided between the offeror and an opponent. It allows one motion to recommit, with or without instructions. It also waives all points of order against the legislation.

The Rules Committee rejected motions by Ms. Slaughter and Mr. Polis that would make in order amendments offered by Reps. Schiff and Schakowsky related to privacy.  

Begin Consideration of H.R. 624 – Cyber Intelligence Sharing and Protection Act (Rep. Rogers (MI) - Intelligence)  (One Hour of debate) The bill requires the director of National Intelligence (DNI) to establish procedures to promote the sharing of information about cyber threat intelligence between intelligence agencies and the private sector. It also requires DNI to establish procedures for protecting privacy and civil liberties with respect to such shared information. The bill provides authority for companies to use this intelligence to protect vital networks. The measure does not prescribe rules that require the sharing of cyber intelligence, either within the private sector or between the private sector and government, and allows the private sector to determine the level of detail of information it shares with the government and other private entities.

In order to further promote information-sharing by the private sector, the bill provides that shared information may not be used by other entities to gain an unfair competitive advantage, and provides liability protection for companies that act in “good faith” and choose to protect their networks.  In order to protect privacy and civil liberties, the measure requires the government to remove all personally identifiable information, limits what information companies can share with the government and prohibits the government from requiring companies to give the government information in exchange for receiving cyber threat intelligence. The bill also requires an annual report from the Inspector General of the Intelligence Community to ensure that none of the information provided to the government is mishandled or misused.

Last year, the House passed a similar cyber security by a 248-168 vote. This year’s bill includes a number of changes to address certain privacy and civil liberties concerns, including removing the broad “national security” allowable purpose, requiring the government to remove personally identifiable information from information shared by private companies, and explicitly prohibiting companies from “hacking back” against cyber attackers. 

The Rule makes in order 12 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Rep. Rogers (MI) Manager’s Amendment. Makes a technical change
Rep. Connolly Amendment.
Further defines how classified cyber threat intelligence may be shared and used by adding a provision that a certified entity can only use, retain, or further disclose classified cyber threat intelligence if it is done for cybersecurity purposes
Rep. Schneider Amendment.
Clarifies that independent contractors are also eligible for temporary or permanent security clearances for purposes of employment to handle cyber threat intelligence and cyber threat information
Rep. Langevin Amendment.
Replaces the term “local” with “political subdivision” which ensures that utility “districts” are not unintentionally limited from protecting their own information.  Also makes the provision consistent with the federal preemption authority provided in the bill.
Reps. Conyers/Schakowsky/Jackson Lee/Johnson (GA)/Holt Amendment.
 Eliminates companies' protection from civil or criminal legal actions for decisions based on cyber threat information received under the bill.  Does not eliminate companies’ protection if, acting in good faith, they share cyber information in accordance with the bill
Reps. Amash/Massie/Polis/Broun Amendment.
Prohibits the federal government from using library records, book sales records and customer lists, firearms sales records, tax returns, educational and medical records that it receives from private entities under CISPA
Rep.
Sinema Amendment. Adds the DHS Inspector General (IG) to the list of those responsible for submitting an annual report to Congress.  Also adds the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs to the report recipients, which currently include the congressional intelligence committees
Rep.
Loretta Sanchez Amendment. Adds language including the Privacy and Civil Rights and Civil Liberties offices of the Department of Homeland Security to the list of those responsible for submitting an annual report to Congress that assesses the privacy and civil liberties impact (if any) of the government’s information sharing under the bill
Reps.
LaMalfa/Rogers (MI) Amendment. Clarifies that nothing in the bill authorizes the government to target a U.S. citizen for surveillance
Rep. Paulsen Amendment.
Establishes the sense of congress that international cooperation should be encouraged where possible under this bill
Rep.
Barton Amendment. Clarifies that nothing in the bill permits companies to sell consumers' personal information to other companies for marketing purposes
Rep.
Jackson Lee Amendment. Clarifies that nothing in the bill requires government cybersecurity contractors to provide information about cybersecurity incidents unless they pose a threat to the security of federal government’s information

Bill Text for H.R. 624:
PDF Version

Background for H.R. 624:
House Report (HTML Version)

House Report (PDF Version)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, April 18: The House will meet at 9:00 a.m. for legislative business. The House is expected to complete consideration of H.R. 624 – Cyber Intelligence Sharing and Protection Act (Rep. Rogers (MI) - Intelligence).  

 
The Daily Quote

“Movement on gun control and immigration in the U.S. Senate obscures an inevitable roadblock to either measure: a resistant Republican-run House. Obstacles in the House of Representatives to expanding background checks for gun buyers may be enough to scuttle an initiative that President Barack Obama has pressed in the aftermath of the Newtown, Connecticut, school shootings. They also could sidetrack a path to citizenship for 11 million undocumented immigrants in the U.S. that the president is seeking. While opinion polls show the public strongly supports both, opposition within the House may be insurmountable… While several Senate Republicans, including some representing states crucial in national elections, have signaled support for both measures, the House includes a core of anti big-government lawmakers not always swayed by leaders… Boehner, an Ohio Republican, told reporters last week in Washington that he can’t make a ‘blanket’ commitment to bring a gun-safety measure to the floor if the Senate passes it.”

-    Bloomberg, 4/15/13