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S. 770 (115th): NIST Small Business Cybersecurity Act

The text of the bill below is as of Jul 25, 2018 (Passed the House with an Amendment).


115th CONGRESS

2d Session

In the House of Representatives, U. S.,

July 25, 2018

AMENDMENTS:

That the bill from the Senate (S. 770) entitled An Act to require the Director of the National Institute of Standards and Technology to disseminate resources to help reduce small business cybersecurity risks, and for other purposes., do pass with the following

Strike out all after the enacting clause and insert:

1.

Short title

This Act may be cited as the NIST Small Business Cybersecurity Act.

2.

Improving cybersecurity of small businesses

(a)

Definitions

In this section:

(1)

Director

The term Director means the Director of the National Institute of Standards and Technology.

(2)

Resources

The term resources means guidelines, tools, best practices, standards, methodologies, and other ways of providing information.

(3)

Small business concern

The term small business concern has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632).

(b)

Small business cybersecurity

Section 2(e)(1)(A) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)(A)) is amended—

(1)

in clause (vii), by striking and at the end;

(2)

by redesignating clause (viii) as clause (ix); and

(3)

by inserting after clause (vii) the following:

(viii)

consider small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); and

.

(c)

Dissemination of resources for small businesses

(1)

In general

Not later than one year after the date of the enactment of this Act, the Director, in carrying out section 2(e)(1)(A)(viii) of the National Institute of Standards and Technology Act, as added by subsection (b) of this Act, in consultation with the heads of other appropriate Federal agencies, shall disseminate clear and concise resources to help small business concerns identify, assess, manage, and reduce their cybersecurity risks.

(2)

Requirements

The Director shall ensure that the resources disseminated pursuant to paragraph (1)—

(A)

are generally applicable and usable by a wide range of small business concerns;

(B)

vary with the nature and size of the implementing small business concern, and the nature and sensitivity of the data collected or stored on the information systems or devices of the implementing small business concern;

(C)

include elements, that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist small business concerns in mitigating common cybersecurity risks;

(D)

include case studies of practical application;

(E)

are technology-neutral and can be implemented using technologies that are commercial and off-the-shelf; and

(F)

are based on international standards to the extent possible, and are consistent with the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

(3)

National cybersecurity awareness and education program

The Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451).

(4)

Small Business Development Center Cyber Strategy

In carrying out paragraph (1), the Director, to the extent practicable, shall consider any methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

(5)

Voluntary resources

The use of the resources disseminated under paragraph (1) shall be considered voluntary.

(6)

Updates

The Director shall review and, if necessary, update the resources disseminated under paragraph (1) in accordance with the requirements under paragraph (2).

(7)

Public availability

The Director and the head of each Federal agency that so elects shall make prominently available on the respective agency’s public Internet website information about the resources and updates to the resources disseminated under paragraph (1). The Director and the heads shall each ensure that the information they respectively make prominently available is consistent, clear, and concise.

(d)

Other Federal cybersecurity requirements

Nothing in this section may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies.

(e)

Funding

This Act shall be carried out using funds otherwise authorized to be appropriated or made available to the National Institute of Standards and Technology.

Amend the title so as to read: An Act to require the Director of the National Institute of Standards and Technology to disseminate guidance to help reduce small business cybersecurity risks, and for other purposes..

Karen L. Haas

Clerk.