H.R. 3462, 117th Congress — To Require an Annual Report on the Cybersecurity of the Small Business Administration
Summary
The text of bill 3462 of the 117TH Congress, 1st Session, to require an annual report on the cybersecurity of the Small Business Administration, introduced May 21, 2021 by Crow (for himself and Kim of California), titled the SBA Cyber Awareness Act. Section 2 amends Section 10 of the Small Business Act to require, not later than 180 days after enactment and every year thereafter, a report to the appropriate congressional committees that includes an assessment of information technology and cybersecurity infrastructure, a strategy to increase it,. If the Administrator determines there is a reasonable basis to conclude that a cybersecurity risk or incident occurred, notice to the committees is due not later than 7 days after that determination.
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“H.R. 3462, 117th Congress — To Require an Annual Report on the Cybersecurity of the Small Business Administration.”
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I
117TH CONGRESS
1ST SESSION
H. R. 3462
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
A BILL
To require an annual report on the cybersecurity of the
Small Business Administration, and for other purposes.
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:
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9 ‘‘(b) CYBERSECURITY REPORTS.—
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2
1 ‘‘(1) ANNUAL REPORT.—Not later than 180
2 days after the date of enactment of this subsection,
3 and every year thereafter, the Administrator shall
4 submit a report to the appropriate congressional
5 committees that includes—
6 ‘‘(A) an assessment of the information
7 technology (as defined in section 11101 of title
8 40, United States Code) and cybersecurity in-
9 frastructure of the Administration;
10 ‘‘(B) a strategy to increase the cybersecu-
11 rity infrastructure of the Administration;
12 ‘‘(C) a detailed account of any information
13 technology equipment or interconnected system
14 or subsystem of equipment of the Administra-
15 tion that was manufactured by an entity that
16 has its principal place of business located in the
17 People’s Republic of China; and
18 ‘‘(D) an account of any cybersecurity risk
19 or incident that occurred at the Administration
20 during the 2-year period preceding the date on
21 which the report is submitted, and any action
22 taken by the Administrator to respond to or re-
23 mediate any such cybersecurity risk or incident.
24 ‘‘(2) ADDITIONAL REPORTS.—If the Adminis-
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25 trator determines that there is a reasonable basis to
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1 conclude that a cybersecurity risk or incident oc-
2 curred at the Administration, the Administrator
3 shall—
4 ‘‘(A) not later than 7 days after the date
5 on which the Administrator makes that deter-
6 mination, notify the appropriate congressional
7 committees of the cybersecurity risk or incident;
8 and
9 ‘‘(B) not later than 30 days after the date
10 on which the Administrator makes a determina-
11 tion under subparagraph (A)—
12 ‘‘(i) provide notice to individuals and
13 small business concerns affected by the cy-
14 bersecurity risk or incident; and
15 ‘‘(ii) submit to the appropriate con-
16 gressional committees a report, based on
17 information available to the Administrator
18 as of the date which the Administrator
19 submits the report, that includes—
20 ‘‘(I) a summary of information
21 about the cybersecurity risk or inci-
22 dent, including how the cybersecurity
23 risk or incident occurred; and
24 ‘‘(II) an estimate of the number
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25 of individuals and small business con-
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1 cerns affected by the cybersecurity
2 risk or incident, including an assess-
3 ment of the risk of harm to affected
4 individuals and small business con-
5 cerns.
6 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in
7 this subsection shall be construed to affect the re-
8 porting requirements of the Administrator under
9 chapter 35 of title 44, United States Code, in par-
10 ticular the requirement to notify the Federal infor-
11 mation security incident center under section
12 3554(b)(7)(C)(ii) of such title, or any other provi-
13 sion of law.
14 ‘‘(4) DEFINITIONS.—In this subsection:
15 ‘‘(A) APPROPRIATE CONGRESSIONAL COM-
16 MITTEES.—The term ‘appropriate congressional
17 committees’ means—
18 ‘‘(i) the Committee on Small Business
19 and Entrepreneurship of the Senate; and
20 ‘‘(ii) the Committee on Small Busi-
21 ness of the House of Representatives.
22 ‘‘(B) CYBERSECURITY RISK; INCIDENT.—
23 The terms ‘cybersecurity risk’ and ‘incident’
24 have the meanings given such terms, respec-
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1 tively, under section 2209(a) of the Homeland
2 Security Act of 2002.’’.
Æ
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