Information dissemination on foreign adversary conduct that poses material harm to small business concerns

(a)

Educational materials

The Administrator of the Small Business Administration, in consultation with the appropriate Federal agency heads, shall develop and disseminate educational materials regarding foreign adversary conduct that poses material harm to small business concerns.(b)

Dissemination

The Administrator shall make the educational materials described in subsection (a) available through district offices and other programs of the Administration.(c)

Contents

The educational materials described in subsection (a) shall, at a minimum—(1)describe the nature of the foreign adversary conduct that poses material harm to small business concerns;(2)describe how such conduct materially harms small business concerns;(3)identify best practices for small business concerns to protect intellectual property, sensitive business information, and supply chains; (4) provide guidance regarding cybersecurity and data protection for small business concerns; (5)inform small business concerns of risks associated with foreign investment, joint ventures, licensing arrangements, and other commercial relationships involving entities owned or controlled by a foreign adversary or an additional covered entity;(6)describe resources available from the Federal Government to help small business concerns identify, avoid, prevent, and address such conduct; and(7)provide guidance on safeguarding business interests in foreign markets without unnecessarily restricting lawful commercial activity. (d)

Annual review and updates

Beginning October 1, 2027, and annually thereafter, the Administrator, in consultation with the appropriate Federal agency heads, shall— (1) review the educational materials described in subsection (a) to ensure such materials reflect emerging foreign adversary conduct that poses material harm to small business concerns, evolving tactics used by foreign adversaries, changes in applicable Federal law and policy, and current best practices for protecting small business concerns; and (2) update such materials as necessary to remain accurate and up to date. (e)

Notice

If, under subparagraph (F) of subsection (f)(6), the Administrator determines, in consultation with the appropriate Federal agency heads, that an activity poses a significant risk to the economic or national security interests of the United States, the Administrator shall notify the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate of the determination, what specific activity has been determined to pose such a risk, and the justification for such determination of such activity.(f)

Definitions

In this section:(1)

Additional covered entity

The term additional covered entity means an entity, an affiliate of an entity, or an individual included on a list described in section 9(g)(16)(D) of the Small Business Act (15 U.S.C. 638(g)(16)(D)).(2)

Administration

The term Administration means the Small Business Administration.(3)

Administrator

The term Administrator means the Administrator of the Small Business Administration.(4)

Appropriate Federal agency head

The term appropriate Federal agency head means the Secretary of Homeland Security, the Secretary of State, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, the Director of the United States Patent and Trademark Office, the Director of the United States Copyright Office, and the head of any other relevant Federal agency, as determined by the Administrator of the Small Business Administration.(5)

Foreign adversary

The term foreign adversary means a foreign adversary, as defined in section 791.4 of title 15, Code of Federal Regulations (or any successor regulation).(6)

Foreign adversary conduct that poses material harm to small business concerns

The term foreign adversary conduct that poses material harm to small business concerns means an activity carried out by a foreign adversary, an entity owned or controlled by a foreign adversary, or an additional covered entity that poses risks to the economic or national security of the United States or to small business concerns, including—(A)theft of intellectual property, trade secrets, or proprietary business information;(B)cyber intrusions and malicious cyber-enabled activities;(C)forced labor and the importation of goods produced wholly or in part with forced labor;(D)counterfeit goods, illicit trade, customs evasion, and related fraud;(E)predatory or non-market investment practices; and(F)any other activity the Administrator determines, in consultation with the appropriate Federal agency heads, poses a significant risk to the economic or national security interests of the United States.(7)

Small business concern

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