Union Calendar No. 518
116th CONGRESS 2d Session |
[Report No. 116–633]
To amend the Securities Exchange Act of 1934 to promote transparency in the oversight of cybersecurity risks at publicly traded companies.
March 13, 2019
Mr. Himes (for himself, Mr. Heck, and Mr. Meeks) introduced the following bill; which was referred to the Committee on Financial Services
December 8, 2020
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 13, 2019]
To amend the Securities Exchange Act of 1934 to promote transparency in the oversight of cybersecurity risks at publicly traded companies.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Cybersecurity transparency.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B (15 U.S.C. 78n–2) the following:
“SEC. 14C. Cybersecurity transparency.
“(a) Definitions.—In this section—
“(1) the term ‘cybersecurity’ means any action, step, or measure to detect, prevent, deter, mitigate, or address any cybersecurity threat or any potential cybersecurity threat;
“(2) the term ‘cybersecurity threat’—
“(A) means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system; and
“(b) Requirement to issue rules.—Not later than 360 days after the date of enactment of this section, the Commission shall issue final rules to require each reporting company, in the annual report of the reporting company submitted under section 13 or section 15(d) or in the annual proxy statement of the reporting company submitted under section 14(a)—
“(1) to disclose whether any member of the governing body, such as the board of directors or general partner, of the reporting company has expertise or experience in cybersecurity and in such detail as necessary to fully describe the nature of the expertise or experience; and
“(2) if no member of the governing body of the reporting company has expertise or experience in cybersecurity, to describe what other aspects of the reporting company’s cybersecurity were taken into account by any person, such as an official serving on a nominating committee, that is responsible for identifying and evaluating nominees for membership to the governing body.
“(c) Cybersecurity expertise or experience.—For purposes of subsection (b), the Commission, in consultation with NIST, shall define what constitutes expertise or experience in cybersecurity using commonly defined roles, specialties, knowledge, skills, and abilities, such as those provided in NIST Special Publication 800–181, titled ‘National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework’, or any successor thereto.”.
Union Calendar No. 518 | |||||
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[Report No. 116–633] | |||||
A BILL | |||||
To amend the Securities Exchange Act of 1934 to promote transparency in the oversight of cybersecurity risks at publicly traded companies. | |||||
December 8, 2020 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |