Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696589074045.pdf (United States)
PUBLIC LAW 98-362—JULY 16, 1984 98 STAT.

431 Public Law 98-362 98th Congress An Act To amend the Small Business Act to establish a small business computer security and education program, and for other purposes.

July 16, 1984 [H.R.

3075] Small Business Computer Security and Education Act of 1984.

15 u se 631 note.

Congress.

Science and technology.

15 u se 633 note, Crimes and misdemeanors.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1.

This Act may be cited as the "Small Business Com puter Security and Education Act of 1984".

FINDING AND PURPOSES SEC.

2.
(a) The Congress hereby finds that— : I (1) there is increased dependency on, and proliferation of, information technology (including computers, data networks, and other communication devices) in the small business commu- nity; (2) such technology has permitted an increase in criminal activity against small business; (3) small businesses in particular frequently lack the educa tion and awareness of computer security techniques and tech nologies which would enable them to protect their computer systems from unauthorized access and the manipulation or destruction of their computer hardware, software, and stored data; (4) profitmaking organizations have substantial expertise in computer technology, communications, and management assist ance that is not otherwise available; and s (5) the use of this expertise in the Small Business Administra tion's training delivery system would improve substantially the •" quantity and quality of the agency's management assistance programs, (b) The purposes of this Act are— (1) to improve the management by small businesses of their information technology, •'• (2) to educate and encourage small businesses to protect such technology from intentional or unintentional manipulation or destruction; and (3) to permit cooperation with profitmaking organizations in providing management assistance to small business.
C O M P U T ER S E C U R I TY A ND E D U C A T I ON ADVISORY COUNCIL SEC.

3.

Section 4(b) of the Small Business Act (15 U.S.C.

633(b)) is Establishment.

amended by adding at the end thereof the following: "(3)(A) The Administrator shall, not later than ninety days after the effective date of the Small Business Computer Security and Education Act of 1984, establish an advisory council to be known as Supra.

STAT.
STAT.

432 PUBLIC LAW 98-362—JULY 16, 1984 the Small Business Computer Security and Education Advisory Council (hereinafter referred to as the 'advisory council').
"(B) The advisory council shall consist of the following members: the Small Business Administration, "(i) an official of appointed by the Administrator; "(ii) an official of the Institute for Computer Sciences and Technology of the Department of Commerce, appointed by the Secretary of Commerce; "(iii) an official of the Department of Justice, appointed by the Attorney General, who is knowledgeable about issues of com puter security and its protection; "(iv) an official of the Department of Defense, appointed by the Secretary of Defense, who is knowledgeable about issues of computer security; "(v) one individual, appointed by the Administrator, who is representative of the interests of the manufacturers of com puter hardware to small business concerns; "(vi) one individual, appointed by the Administrator, who is representative of the interests of the manufacturers of com puter software to small business concerns; "(vii) one individual, appointed by the Administrator, who is representative of the interests of the providers of computer liability insurance to small business concerns; "(viii) one individual, appointed by the Administrator, who is representative of the interests of the providers of computer security equipment and services to small business concerns; "(ix) one individual, appointed by the Administrator, who is representative of the interests of associations of small business concerns, other than small business concerns engaging in any of the activities described in clauses (v) through (viii); and "(x) such additional qualified individuals from the private sector, appointed by the Administrator, as the Administrator determines to be appropriate.
"(C) It shall be the function of the advisory council to advise the Administration on— "(i) the nature and scope of computer crimes committed against small business concerns; "(ii) the effectiveness of Federal and State law in deterring computer-related criminal activity or prosecuting computer- related crimes; "(iii) the effectiveness of computer technology and manage ment techniques available to small business for increasing their computer security; "(iv) the development of information and guidelines to be made available to the Administrator to assist small business concerns in evaluating the security of computer systems; and "(v) such other appropriate functions of the small business computer security and education program.
"(D) The Administrator shall designate one of the non-Federal members of the advisory council as its chairperson.

The advisory council shall meet at least annually and at such other times as requested by the Administrator.

A majority of the members of the advisory council shall constitute a quorum.

Vacancies on the council shall be filled in the same manner as the original appointment.
"(E) Each member of the advisory council shall serve without additional pay, allowances, or benefits by reason of such service.

Each non-Federal member shall be reimbursed for actual expenses, PUBLIC LAW 98-362—JULY 16, 1984 98 STAT.

433 including travel expenses, as authorized by section 5703 of title 5, United States Code.
"(F) Upon request of the chairperson of the advisory council, the Administrator may request directly from any Federal agency infor mation necessary to enable the advisory council to carry out its functions under the Small Business Computer Security and Educa tion Act of 1984.

Upon the request of the Administrator, the head of such agency shall furnish to the Administrator such information, subject to the requirements of section 552 of title 5, United States Code.".
COMPUTER SECURITY AND EDUCATION PROGRAM Information, disclosure.

Ante, p. 431.

SEC.

4.

Section 4(b) of the Small Business Act (15 U.S.C.
633(b)) is Ante, p. 431. further amended by adding at the end thereof the following: "(4)(A) The Administrator shall establish a small business com puter security and education program to— "(i) provide small business concerns information regarding— "(I) utilization and management of computer technology; "(II) computer crimes committed against small business concerns; and business concerns; "(III) security for computers owned or utilized by small ^ "(ii) provide for periodic forums for small business concerns to improve their knowledge of the matters described in clause (i); and "(iii) provide training opportunities to educate small business users on computer security techniques.
"(B) The Administrator, after consultation with the Director of the Institute of Computer Sciences and Technology within the Department of Commerce, shall develop information and materials to carry out the activities described in subparagraph (A) of this paragraph.".

PRIVATE SECTOR COOPERATION SEC.

5.

(a) Section 8(b)(1)(A) of the Small Business Act is amended— (1) by inserting "computer security," after "wage incen tives,"; and ^ '^ 15 use 637.
(2) by striking at the end thereof "Administration; and" and by inserting the following: "Administration.
Such assistance also may be provided to small business concerns by the Admin istration through cooperation with a profit-making concern (hereafter in this paragraph referred to as a "cosponsor") to provide training: Provided, That the Administration shall take such actions as it deems appropriate to ensure that the coopera tion does not constitute or imply an endorsement by the Admin istration of the products or services of the cosponsor, to avoid unnecessary promotion of the products or services of the cospon sor, and to minimize utilization of any one cosponsor in a marketing area.
Such actions shall include, but not be limited Prohibitions.
to: (i) developing an agreement which specifies the standard terms and conditions of the cooperation, the use of which shall be mandatory; (ii) prohibiting any fee or charge from being imposed upon any small business concern for receiving assist ance in excess of a minimal amount to cover the direct costs of providing such assistance; (iii) prohibiting the release to the cosponsor of any of the Administration's lists of names and addresses of small business concerns; and (iv) requiring that all 31-194 0 - 86 - 16 : QL.
3 P a rt 1 98 STAT.

434 PUBLIC LAW 98-362—JULY 16, 1984 Report.

15 use 637 note, Ante, p. 433. printed materials which contain the names of both the Adminis tration and the cosponsor include a prominent disclaimer that the cooperation does not constitute or imply an endorsement by the Administration of the products or services of the cosponsor."
(b) Not later than December 1, 1987 the Small Business Adminis- tration shall report to the Committees on Small Business of the Senate and the United States House of Representatives on the impact of the assistance provided in cooperation with profitmaking concerns pursuant to the amendment made by section 5(a)(2) of the Small Business Computer Security and Education Act of 1984.
The report shall include information on benefits provided to small busi ness concerns assisted by the Administration's cooperation with profitmaking concerns and any negative impact upon small busi nesses resulting from such cooperation with profitmaking concerns.

COMPUTER CRIME DEFINITION 15 use 632.

SEC.

6.


Section 3 of the Small Business Act is amended by adding at the end thereof the following— "(j) For purposes of this Act— "(1) the term 'computer crime' means— "(A) any crime committed against a small business con cern by means of the use of a computer; and "(B) any crime involving the illegal use of, or tampering with, a computer owned or utilized by a small business concern.".

EFFECTIVE DATES 15 use 633 note.

SEC.

7.


(a) This Act shall take effect on October 1,1984.

(b) The amendments made to section 4(b)(3) of the Small Business Act by section 3 of this Act and the amendments made to section 15 use 633, 637.

8(b)(1)(A) of the Small Business Act by section 5(a)(2) of this Act are repealed on October 1, 1988.
Nothing in this section shall preclude the Administrator from continuing such committee under the authority of section 8(b)(3) of the Small Business Act and the Federal Advisory Committee Act.

Approved July 16, 1984.

LEGISLATIVE HISTORY: H.R.

3075: HOUSE REPORT No.

98-423, Pt.

1 (eomm.

on Small Business).

SENATE REPORT No.

98-438 (eomm.

on Small Business).

eONGRESSIONAL REeORD: Vol.

129 (1983): Oct. 24, considered and passed House.

Vol.

130 (1984): May 24, considered and passed Senate, amended.
June 27, House concurred in Senate amendments with amend ments; Senate concurred in House amendments.

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