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

The text of the bill below is as of Dec 2, 2022 (Preprint (Suspension)).

In the Senate of the United States,
                                       September 28, 2022.
     Resolved, That the bill from the House of Representa-
tives (H.R. 3462) entitled ‘‘An Act to require an annual re-
port on the cybersecurity of the Small Business Administra-
tion, and for other purposes.’’, do pass with the following

         Strike out all after the enacting clause and insert:

 2       This Act may be cited as the ‘‘SBA Cyber Awareness
 3 Act’’.

 5       (a) IN GENERAL.—Section 10 of the Small Business
 6 Act (15 U.S.C. 639) is amended by inserting after sub-
 7 section (a) the following:
 9            ‘‘(1) ANNUAL   REPORT.—Not   later than 180 days
10       after the date of enactment of this subsection, and
11       every year thereafter, the Administrator shall submit

2 1 a report to the appropriate congressional committees 2 that includes— 3 ‘‘(A) a strategy to increase the cybersecurity 4 of information technology infrastructure of the 5 Administration; 6 ‘‘(B) a supply chain risk management 7 strategy and an implementation plan to address 8 the risks of foreign manufactured information 9 technology equipment utilized by the Adminis- 10 tration, including specific risk mitigation activi- 11 ties for components originating from entities 12 with principal places of business located in the 13 People’s Republic of China; and 14 ‘‘(C) an account of— 15 ‘‘(i) any incident that occurred at the 16 Administration during the 2-year period 17 preceding the date on which the first report 18 is submitted, and, for subsequent reports, 19 the 1-year period preceding the date of sub- 20 mission; and 21 ‘‘(ii) any action taken by the Adminis- 22 trator to respond to or remediate any such 23 incident. 24 ‘‘(2) FISMA REPORTS.—Each report required 25 under paragraph (1) may be submitted as part of the † HR 3462 EAS
3 1 report required under section 3554 of title 44, United 2 States Code. 3 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 4 subsection shall be construed to affect the reporting re- 5 quirements of the Administrator under chapter 35 of 6 title 44, United States Code, in particular the re- 7 quirement to notify the Federal information security 8 incident center under section 3554(b)(7)(C)(ii) of such 9 title, any guidance issued by the Office of Manage- 10 ment and Budget, or any other provision of law or 11 Federal policy. 12 ‘‘(4) DEFINITIONS.—In this subsection: 13 ‘‘(A) APPROPRIATE CONGRESSIONAL COM- 14 MITTEES.—The term ‘appropriate congressional 15 committees’ means— 16 ‘‘(i) the Committee on Small Business 17 and Entrepreneurship of the Senate; 18 ‘‘(ii) the Committee on Homeland Se- 19 curity and Governmental Affairs of the Sen- 20 ate; 21 ‘‘(iii) the Committee on Small Busi- 22 ness of the House of Representatives; and 23 ‘‘(iv) the Committee on Oversight and 24 Reform of the House of Representatives. † HR 3462 EAS
4 1 ‘‘(B) INCIDENT.—The term ‘incident’ has 2 the meaning given the term in section 3552 of 3 title 44, United States Code. 4 ‘‘(C) INFORMATION TECHNOLOGY.—The 5 term ‘information technology’ has the meaning 6 given the term in section 3502 of title 44, United 7 States Code.’’. 8 (b) REPORT.—Not later than 1 year after the date of 9 enactment of this Act, the Administrator of the Small Busi- 10 ness Administration shall, to the greatest extent practicable, 11 provide to the Committee on Small Business and Entrepre- 12 neurship of the Senate, the Committee on Homeland Secu- 13 rity and Governmental Affairs of the Senate, the Committee 14 on Small Business of the House of Representatives, and the 15 Committee on Oversight and Reform of the House of Rep- 16 resentatives a detailed account of information technology 17 (as defined in section 3502 of title 44, United States Code) 18 of the Small Business Administration that was manufac- 19 tured by an entity that has its principal place of business 20 located in the People’s Republic of China. Attest: Secretary. † HR 3462 EAS