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H.R. 3462 (117th): SBA Cyber Awareness Act


The text of the bill below is as of Oct 29, 2021 (Preprint (Suspension)).


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                                                                                                                          Union Calendar No. 98
                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                           H. R. 3462
                                                                                                            [Report No. 117–138]

                                                                           To require an annual report on the cybersecurity of the Small Business
                                                                                          Administration, and for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                     MAY 21, 2021
                                                                       Mr. CROW (for himself and Mrs. KIM of California) introduced the following
                                                                             bill; which was referred to the Committee on Small Business

                                                                                                OCTOBER 12, 2021
                                                                     Reported from the Committee on Small Business; committed to the Committee
                                                                       of the Whole House on the State of the Union and ordered to be printed
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2 A BILL To require an annual report on the cybersecurity of the Small Business Administration, and for other purposes. pbinns on DSKJLVW7X2PROD with BILLS •HR 3462 RH VerDate Sep 11 2014 00:50 Oct 13, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3462.RH H3462
3 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘SBA Cyber Awareness 5 Act’’. 6 SEC. 2. CYBERSECURITY AWARENESS REPORTING. 7 Section 10 of the Small Business Act (15 U.S.C. 639) 8 is amended by inserting after subsection (a) the following: 9 ‘‘(b) CYBERSECURITY REPORTS.— 10 ‘‘(1) ANNUAL REPORT.—Not later than 180 11 days after the date of enactment of this subsection, 12 and every year thereafter, the Administrator shall 13 submit a report to the appropriate congressional 14 committees that includes— 15 ‘‘(A) an assessment of the information 16 technology (as defined in section 11101 of title 17 40, United States Code) and cybersecurity in- 18 frastructure of the Administration; 19 ‘‘(B) a strategy to increase the cybersecu- 20 rity infrastructure of the Administration; 21 ‘‘(C) a detailed account of any information 22 technology equipment or interconnected system 23 or subsystem of equipment of the Administra- 24 tion that was manufactured by an entity that pbinns on DSKJLVW7X2PROD with BILLS •HR 3462 RH VerDate Sep 11 2014 00:50 Oct 13, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3462.RH H3462
4 1 has its principal place of business located in the 2 People’s Republic of China; and 3 ‘‘(D) an account of any cybersecurity risk 4 or incident that occurred at the Administration 5 during the 2-year period preceding the date on 6 which the report is submitted, and any action 7 taken by the Administrator to respond to or re- 8 mediate any such cybersecurity risk or incident. 9 ‘‘(2) ADDITIONAL REPORTS.—If the Adminis- 10 trator determines that there is a reasonable basis to 11 conclude that a cybersecurity risk or incident oc- 12 curred at the Administration, the Administrator 13 shall— 14 ‘‘(A) not later than 7 days after the date 15 on which the Administrator makes that deter- 16 mination, notify the appropriate congressional 17 committees of the cybersecurity risk or incident; 18 and 19 ‘‘(B) not later than 30 days after the date 20 on which the Administrator makes a determina- 21 tion under subparagraph (A)— 22 ‘‘(i) provide notice to individuals and 23 small business concerns affected by the cy- 24 bersecurity risk or incident; and pbinns on DSKJLVW7X2PROD with BILLS •HR 3462 RH VerDate Sep 11 2014 00:50 Oct 13, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3462.RH H3462
5 1 ‘‘(ii) submit to the appropriate con- 2 gressional committees a report, based on 3 information available to the Administrator 4 as of the date which the Administrator 5 submits the report, that includes— 6 ‘‘(I) a summary of information 7 about the cybersecurity risk or inci- 8 dent, including how the cybersecurity 9 risk or incident occurred; and 10 ‘‘(II) an estimate of the number 11 of individuals and small business con- 12 cerns affected by the cybersecurity 13 risk or incident, including an assess- 14 ment of the risk of harm to affected 15 individuals and small business con- 16 cerns. 17 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 18 this subsection shall be construed to affect the re- 19 porting requirements of the Administrator under 20 chapter 35 of title 44, United States Code, in par- 21 ticular the requirement to notify the Federal infor- 22 mation security incident center under section 23 3554(b)(7)(C)(ii) of such title, or any other provi- 24 sion of law. pbinns on DSKJLVW7X2PROD with BILLS 25 ‘‘(4) DEFINITIONS.—In this subsection: •HR 3462 RH VerDate Sep 11 2014 00:50 Oct 13, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3462.RH H3462
6 1 ‘‘(A) APPROPRIATE CONGRESSIONAL COM- 2 MITTEES.—The term ‘appropriate congressional 3 committees’ means— 4 ‘‘(i) the Committee on Small Business 5 and Entrepreneurship of the Senate; and 6 ‘‘(ii) the Committee on Small Busi- 7 ness of the House of Representatives. 8 ‘‘(B) CYBERSECURITY RISK; INCIDENT.— 9 The terms ‘cybersecurity risk’ and ‘incident’ 10 have the meanings given such terms, respec- 11 tively, under section 2209(a) of the Homeland 12 Security Act of 2002.’’. pbinns on DSKJLVW7X2PROD with BILLS •HR 3462 RH VerDate Sep 11 2014 00:50 Oct 13, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3462.RH H3462
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Union Calendar No. 98 117TH CONGRESS 1ST SESSION H. R. 3462 [Report No. 117–138] H3462 A BILL E:\BILLS\H3462.RH To require an annual report on the cybersecurity of the Small Business Administration, and for other purposes. Sfmt 6651 OCTOBER 12, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Fmt 6651 Frm 00008 PO 00000 Jkt 029200 00:50 Oct 13, 2021 VerDate Sep 11 2014 pbinns on DSKJLVW7X2PROD with BILLS