Cyber Incident Reporting Act of 2021

Bill: 117-s-2875
Sponsor: Sen. Peters, Gary C. [D-MI]
Introduced: 2021-09-28 in the Senate
Policy area: Science, Technology, Communications
Subjects: Advanced technology and technological innovations
Business records
Civil actions and liability
Computer security and identity theft
Computers and information technology
Congressional oversight
Currency
Digital media
Fraud offenses and financial crimes
Government information and archives
Government studies and investigations
Intergovernmental relations
Right of privacy
State and local government operations
Terrorism

Summary:
action_date: 2021-09-28
text: 

Cyber Incident Reporting Act of 2021

 
This bill requires reporting and other actions to address cybersecurity incidents, including ransomware attacks.
 
Entities that own or operate critical infrastructure must report cyber incidents and ransom payments within specified time frames while other entities may voluntarily report incidents. The Cybersecurity and Infrastructure Security Agency (CISA) must establish an office to receive and analyze such reports.
 
The bill limits the use and disclosure of reported information. The information may be shared (subject to protections) with federal agencies or to address cybersecurity threats. However, shared information may not be used as a basis for certain regulatory enforcement. Additionally, an entity may not be liable for submitting required reports. Further, reports do not constitute waivers of applicable protections against disclosure (e.g., attorney-client privilege) and are not subject to laws governing release of federal records.
 
The bill authorizes CISA to take specified action (e.g., issuing subpoenas) if an entity fails to submit a required report. CISA may share subpoenaed information with a regulator or the Department of Justice for regulatory enforcement or criminal prosecution.
 
A federal agency must share any information it receives about cyber attacks with CISA.
 
The bill also establishes (1) an interagency council to standardize federal reporting of cybersecurity threats, (2) a task force on ransomware attacks, and (3) a pilot program to identify information systems vulnerable to ransomware attacks.

action_date: 2022-12-13
text: 

Cyber Incident Reporting Act of 2021

 
This bill requires reporting and other actions to address cybersecurity incidents, including ransomware attacks.
 
Entities that own or operate critical infrastructure must report cyber incidents and ransom payments within specified time frames while other entities may voluntarily report incidents. The Cybersecurity and Infrastructure Security Agency (CISA) must establish an office to receive and analyze such reports.
 
The bill limits the use and disclosure of reported information. The information may be shared (subject to protections) with federal agencies or to address cybersecurity threats. However, shared information may not be used as a basis for certain regulatory enforcement. Additionally, an entity may not be liable for submitting required reports. Further, reports do not constitute waivers of applicable protections against disclosure (e.g., attorney-client privilege) and are not subject to laws governing release of federal records.
 
The bill authorizes CISA to take specified action (e.g., issuing subpoenas) if an entity fails to submit a required report. CISA may share subpoenaed information with a regulator or the Department of Justice for regulatory enforcement or criminal prosecution.
 
A federal agency must share any information it receives about cyber attacks with CISA.
 
The bill also establishes (1) an interagency council to standardize federal reporting of cybersecurity threats, (2) a task force on ransomware attacks, and (3) a pilot program to identify information systems vulnerable to ransomware attacks.


Legislative actions:
action_date: 2022-12-13
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 633.
action_date: 2022-12-13
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 117-249.
action_date: 2022-12-13
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 117-249.
action_date: 2021-10-06
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2021-09-28
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2021-09-28
text: Introduced in Senate