[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5501 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5501
To require certain entities to disclose to the Secretary of Homeland
Security ransom payments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2021
Ms. Ross introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require certain entities to disclose to the Secretary of Homeland
Security ransom payments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ransom Disclosure Act''.
SEC. 2. DISCLOSURE OF RANSOM PAYMENTS.
(a) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity''--
(A) means a public or private entity that--
(i) is engaged in interstate commerce or an
activity affecting interstate commerce; or
(ii) receives Federal funds;
(B) includes a local government; and
(C) does not include an individual.
(2) Information system.--The term ``information system''
has the meaning given such term in section 3502 of title 44,
United States Code.
(3) Ransom.--The term ``ransom'' means money or other thing
of value demanded by an actor from a covered entity or
individual after such actor gains control of an information
system of such entity or individual.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Disclosure Required.--Not later than 48 hours after a covered
entity pays a ransom, the covered entity shall disclose to the
Secretary, in accordance with subsection (b), such payment.
(c) Contents.--A disclosure made under subsection (b) shall
include, with respect to the ransom at issue, the following:
(1) The date on which such ransom was demanded.
(2) The date on which such ransom was paid.
(3) The amount of such ransom demanded.
(4) The amount of such ransom paid.
(5) An identification of the currency, including if
cryptocurrency, used for payment of such ransom.
(6) Whether the covered entity that paid such ransom
receives Federal funds.
(7) Any known information regarding the identity of the
actor demanding such ransom.
(d) Noncompliance.--The Secretary shall establish by regulation
appropriate penalties for a covered entity that fails to make a
disclosure required under subsection (b).
(e) Public Availability.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the
Secretary shall publish on a publicly available website of the
Department of Homeland Security the information disclosed under
subsection (b) during the preceding 1-year period, including
the total dollar amount of ransoms paid by covered entities
during such period.
(2) Exclusion of identifying information.--Information that
reveals the identity of a covered entity that made a disclosure
under subsection (b) shall be excluded from the information
published under paragraph (1).
(f) Study and Report on Ransom Commonalities.--
(1) Study.--The Secretary shall conduct a study to
determine--
(A) if there are commonalities with respect to the
information disclosed under subsection (b); and
(B) the extent to which cryptocurrency has
facilitated the kinds of attacks that resulted in the
payment of ransoms by covered entities.
(2) Report.--Not later than 15 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report that includes--
(A) the findings of the study conducted under
paragraph (1); and
(B) such recommendations as the Secretary considers
appropriate for protecting the information systems of
covered entities.
(g) Individual Reporting.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish a website
through which individuals may voluntarily report the payment of
a ransom by the individual.
(2) Incorporation of data.--To the greatest extent
practicable, the Secretary shall incorporate data from
reporting by individuals under paragraph (1) in--
(A) the information published under subsection (e);
and
(B) the study conducted under subsection (f).
(h) Applicability.--This section shall apply to ransoms paid on or
after the date that is 90 days after the date of the enactment of this
Act.
<all>