This week, the Big “I" joined the American Property Casualty Insurance Association (APCIA), the Council of Insurance Agents and Brokers (CIAB), and the National Association of Mutual Insurance Companies (NAMIC) in opposing a cybersecurity-related amendment to the National Defense Authorization Act (NDAA).

The advocacy efforts by the joint trade associations proved successful as the U.S. House of Representatives Rules Committee deemed that the amendment was not in order and could not be added to the NDAA.

The amendment, offered by Rep. Jim Langevin (D-Rhode Island), would have established an Office of Cyber Statistics (OCS) within the Cybersecurity and Infrastructure Security Agency (CISA).

The OCS would:

• Collect, analyze and publish anonymized, aggregated data related to cyber incidents and cybercrime.
• Provide analysis of the prevalence and attributes of cyber incidents in support of national policymaking.
• Provide cyber statistics to federal agencies, the private sector and the public.

Troublingly, the amendment would have also required the director of the OCS to request data and information from insurers about cyber incidents experienced by their customers that lead to a covered claim, including detailed data beyond the scope of information insurers currently collect or need to process claims.

Additionally, it would have required the director to publish procedures for how data and information may be transmitted to the OCS and requires the director to recommend policy options to Congress to enhance the OCS' capacity to collect this data and information.

In a letter to the bipartisan leadership of the U.S. House of Representatives Committee on Homeland Security, the four trade associations noted significant concerns with the amendment.

Specifically, the letter made clear that the proposed amendment, “would be an unwarranted intrusion into the contractual relationship between insurance providers and their customers. It would also serve as a precursor to a reporting mandate that would present a host of challenges on businesses of all sizes due to significant costs, limits on the availability of information sought, and potential new enforcement issues."

As the NDAA makes its way through Congress in what's expected to be a lengthy process, the Big “I" will continue to oppose the inclusion of the amendment and provide members with updates in the weekly News & Views e-newsletter.

Wyatt Stewart is Big “I" assistant vice president of federal government affairs.