II 110th CONGRESS 2d Session S. 3102 IN THE SENATE OF THE UNITED STATES June 9, 2008 Ms. Snowe (for herself and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish the Small Business Information Security Task Force, and for other purposes.

1.

Short title

This Act may be cited as the Small Business Information Security Act of 2008.

2.

Definitions

In this Act— (1)the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; (2)the term small business concern has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and (3)the term task force means the task force established under section 3(a).

3.

Information Security Task Force

(a)

Establishment

The Administrator shall establish a task force, to be known as the Small Business Information Security Task Force, to address the information technology security needs of small business concerns. (b)

Duties

The task force shall— (1)identify— (A)the information technology security needs of small business concerns; and (B)the programs and services provided by the Federal Government, State Governments, and nongovernment organizations that serve those needs; (2)assess the extent to which the programs and services identified under paragraph (1)(B) serve the needs identified under paragraph (1)(A); (3)make recommendations to the Administrator on how to more effectively serve the needs identified under paragraph (1)(A) through— (A)programs and services identified under paragraph (1)(B); and (B)new programs and services promoted by the task force; (4)make recommendations on how the Administrator may promote— (A)new programs and services that the task force recommends under paragraph (3)(B); and (B)programs and services identified under paragraph (1)(B); (5)make recommendations on how the Administrator may inform and educate with respect to— (A)the needs identified under paragraph (1)(A); (B)new programs and services that the task force recommends under paragraph (3)(B); and (C)programs and services identified under paragraph (1)(B); (6)make recommendations on how the Administrator may more effectively work with public and private interests to address the information technology security needs of small business concerns; and (7)make recommendations on the creation of a permanent advisory board that would make recommendations to the Administrator on how to address the information technology security needs of small business concerns. (c)

Internet website recommendations

The task force shall make recommendations to the Administrator relating to the establishment of an Internet website to be used by the Administration to receive and dispense information and resources with respect to the needs identified under subsection (b)(1)(A) and the programs and services identified under subsection (b)(1)(B). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services, and organizations, both public and private, to which the Internet website should link. (d)

Education programs

The task force shall make recommendations to the Administrator relating to developing additional education materials and programs with respect to the needs identified under subsection (b)(1)(A). (e)

Existing materials

The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under subsection (b)(1)(A) and the programs and services identified under subsection (b)(1)(B). (f)

Coordination with public and private sector

In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from— (1)any subordinate officer of the Administrator; (2)any organization authorized by the Small Business Act to provide assistance and advice to small business concerns; (3)other Federal agencies, their officers, or employees; and (4)any other organization, entity, or person not described in paragraph (1), (2), or (3). (g)

Chair and vice-chair

The task force shall have— (1)a Chair, appointed by the Administrator; and (2)a Vice-Chair, appointed by the Administrator, in consultation with appropriate nongovernmental organizations, entities, or persons. (h)

Members

(1)

Chair and vice-chair

The Chair and the Vice-Chair shall serve as members of the task force. (2)

Additional members

(A)

In general

The task force shall have additional members, each of whom shall be appointed by the Chair, with the approval of the Administrator. (B)

Number of members

The number of additional members shall be determined by the Chair, in consultation with the Administrator, except that— (i)the additional members shall include, for each of the groups specified in paragraph (3), at least 1 member appointed from within that group; and (ii)the number of additional members shall not exceed 13. (3)

Groups represented

The groups specified in this paragraph are— (A)subject matter experts; (B)users of information technologies within small business concerns; (C)vendors of information technologies to small business concerns; (D)academics with expertise in the use of information technologies to support business; (E)small business trade associations; (F)Federal, State, or local agencies engaged in securing cyberspace; and (G)information technology training providers with expertise in the use of information technologies to support business. (i)

Meetings

(1)

Frequency

The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. (2)

Quorum

A majority of the members of the task force shall constitute a quorum. (3)

Location

The Administrator shall designate, and make available to the task force, a location at a facility under the control of the Administrator for use by the task force for its meetings. (4)

Minutes

(A)

In general

Not later than 90 days after each meeting, the task force shall publish the minutes of the meeting and shall submit to Administrator any findings or recommendations approved at the meeting. (B)

Submission to Congress

Not later than 60 days after the date that the Administrator receives minutes under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Administrator considers appropriate. (5)

Findings

(A)

In general

Not later than the date that the task force terminates under subsection (m), the task force shall submit to the Administrator a final report on any findings and recommendations of the task force approved at a meeting of the task force. (B)

Submission to Congress

Not later than 90 days after the date that the Administrator receives the report under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the full text of the report submitted under subparagraph (A), together with any comments the Administrator considers appropriate. (j)

Personnel matters

(1)

Compensation of members

Each member of the task force shall serve without pay for their service on the task force. (2)

Travel expenses

Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3)

Detail of SBA employees

The Administrator may detail, without reimbursement, any of the personnel of the Administration to the task force to assist it in carrying out its duties. Such a detail shall be without interruption or loss of civil status or privilege. (4)

SBA support of the task force

Upon the request of the task force, the Administrator shall provide to the task force the administrative support services that the Administrator and the Chair jointly determine to be necessary for the task force to carry out its duties. (k)

Not subject to Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force. (l)

Startup deadlines

The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this Act, and the first meeting of the task force shall be not later than 180 days after the date of enactment of this Act. (m)

Termination

(1)

In general

Except as provided in paragraph (2), the task force shall terminate at the end of fiscal year 2012. (2)

Exception

If, as of the termination date under paragraph (1), the task force has not complied with subsection (i)(4) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with subsection (i)(4) with respect to those meetings. (n)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $200,000 for each of fiscal years 2009 through 2012.