[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SBA CYBER AWARENESS ACT
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 281, H.R. 3462.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 3462) to require an annual report on the
cybersecurity of the Small Business Administration, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Small Business and
Entrepreneurship.
Mr. SCHUMER. I further ask that the Cardin substitute amendment,
which is at the desk, be considered and agreed to; that the bill, as
amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 6028), in the nature of a substitute, was agreed
to as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBA Cyber Awareness Act''.
SEC. 2. CYBERSECURITY AWARENESS REPORTING.
(a) In General.--Section 10 of the Small Business Act (15
U.S.C. 639) is amended by inserting after subsection (a) the
following:
``(b) Cybersecurity Reports.--
``(1) Annual report.--Not later than 180 days after the
date of enactment of this subsection, and every year
thereafter, the Administrator shall submit a report to the
appropriate congressional committees that includes--
``(A) a strategy to increase the cybersecurity of
information technology infrastructure of the Administration;
``(B) a supply chain risk management strategy and an
implementation plan to address the risks of foreign
manufactured information technology equipment utilized by the
Administration, including specific risk mitigation activities
for components originating from entities with principal
places of business located in the People's Republic of China;
and
``(C) an account of--
``(i) any incident that occurred at the Administration
during the 2-year period preceding the date on which the
first report is submitted, and, for subsequent reports, the
1-year period preceding the date of submission; and
``(ii) any action taken by the Administrator to respond to
or remediate any such incident.
``(2) FISMA reports.--Each report required under paragraph
(1) may be submitted as part of the report required under
section 3554 of title 44, United States Code.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to affect the reporting requirements of
the Administrator under chapter 35 of title 44, United States
Code, in particular the requirement to notify the Federal
information security incident center under section
3554(b)(7)(C)(ii) of such title, any guidance issued by the
Office of Management and Budget, or any other provision of
law or Federal policy.
``(4) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Small Business and Entrepreneurship
of the Senate;
``(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iii) the Committee on Small Business of the House of
Representatives; and
``(iv) the Committee on Oversight and Reform of the House
of Representatives.
``(B) Incident.--The term `incident' has the meaning given
the term in section 3552 of title 44, United States Code.
``(C) Information technology.--The term `information
technology' has the meaning given the term in section 3502 of
title 44, United States Code.''.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall, to the greatest extent
practicable, provide to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Small Business of the House of Representatives,
and the Committee on Oversight and Reform of the House of
Representatives a detailed account of information technology
(as defined in section 3502 of title 44, United States Code)
of the Small Business Administration that was manufactured by
an entity that has its principal place of business located in
the People's Republic of China.
The bill (H.R. 3462), as amended, was ordered to a third reading, was
read the third time, and passed.
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