I 

116TH CONGRESS 

2D SESSION H. R. 8048 

To establish in the Department of Homeland Security a program to make 

grants for emergency information technology expenses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 14, 2020 

Mr. LANGEVIN (for himself, Mr. GALLAGHER, Mr. RUPPERSBERGER, Mr. 

HURD of Texas, Mr. RICHMOND, Mr. MCCAUL, Mr. ROSE of New York, 

and Mr. BACON) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committees on 

Oversight and Reform, and Energy and Commerce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish in the Department of Homeland Security a 

program to make grants for emergency information technology expenses, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State and Local IT 

5 Modernization and Cybersecurity Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AGENCY.—The term ‘‘Agency’’ means the 

2 Cybersecurity and Infrastructure Security Agency of 

3 the Department of Homeland Security. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (B) the Committee on Homeland Security 

10 of the House of Representatives. 

11 (3) COVERED INFORMATION TECHNOLOGY.—In 

12 this section, the term ‘‘covered information tech13 nology’’ includes the following information tech14 nology: 

15 (A) Enterprise productivity tools, includ16 ing— 

17 (i) email services; 

18 (ii) computer software for the pur19 poses of managing payroll and budget; 

20 (iii) personnel management solutions; 

21 and 

22 (iv) customer relationship manage23 ment software relating to the provision of 

24 services to users of such services. 

25 (B) Cybersecurity services and tools. 


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1 (C) Computer networking equipment. 

2 (4) COVERED INFORMATION TECHNOLOGY

3 SERVICES.—The term ‘‘covered information tech4 nology services’’ means any service necessary to in5 stall, implement, maintain, or upgrade covered infor6 mation technology. 

7 (5) DEPARTMENT.—The term ‘‘Department’’ 

8 means the Department of Homeland Security. 

9 (6) DIRECTOR.—The term ‘‘Director’’ means 

10 the Director of the Cybersecurity and Infrastructure 

11 Security Agency of the Department of Homeland Se12 curity. 

13 (7) EMERGENCY INFORMATION TECHNOLOGY

14 EXPENSES.—The term ‘‘emergency information 

15 technology expenses’’ means expenses related to— 

16 (A) improving covered information tech17 nology; 

18 (B) conducting covered information tech19 nology services; 

20 (C) subsidizing payroll for information 

21 technology staff to maintain the current staff22 ing level; or 

23 (D) government employees having the nec24 essary covered information technology to 

25 telework. 


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1 (8) FISCAL YEAR.—The term ‘‘fiscal year’’ has 

2 the meaning given the term under the State or local 

3 law of the relevant grant recipient. 

4 (9) INFORMATION TECHNOLOGY.—The term 

5 ‘‘information technology’’ has the meaning given the 

6 term in section 11101 of title 40, United States 

7 Code. 

8 (10) PUBLIC HEALTH EMERGENCY.—The term 

9 ‘‘public health emergency’’ means the public health 

10 emergency declared by the Secretary of Health and 

11 Human Services pursuant to section 319 of the Pub12 lic Health Service Act (42 U.S.C. 247d) on January 

13 31, 2020, with respect to COVID–19. 

14 (11) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Homeland Security. 

16 (12) STATE.—The term ‘‘State’’ has the mean17 ing given the term in section 311 of title 5, United 

18 States Code. 

19 (13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

20 government’’ has the meaning given the term in sec21 tion 421(13) of the Congressional Budget and Im22 poundment Control Act of 1974 (2 U.S.C. 658(13)). 


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1 SEC. 3. PUBLIC HEALTH EMERGENCY INFORMATION TECH2 NOLOGY GRANT PROGRAM. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Department a program to be known as the ‘‘Public Health 

5 Emergency Information Technology Grant Program’’ (in 

6 this section referred to as the ‘‘Public Health Emergency 

7 IT Grant Program’’), under which the Secretary may 

8 award grants to States for emergency information tech9 nology expenses during the public health emergency. 

10 (b) APPLICATION.—Each State may apply for a grant 

11 under the Public Health Emergency IT Grant Program, 

12 and shall submit such information in support of such a 

13 grant as the Secretary may require. 

14 (c) ALLOCATION OF FUNDS.— 

15 (1) TRIBAL GOVERNMENTS.—Grants to Tribal 

16 governments under the Public Health Emergency IT 

17 Grant Program may not exceed $25,000,000 in the 

18 aggregate. 

19 (2) ADMINISTRATION AND OVERSIGHT.—The 

20 Secretary may not expend more than $10,000,000 

21 for administration of the Public Health Emergency 

22 IT Grant Program. 

23 (d) CONDITIONS ON RECEIPT OF GRANT.— 

24 (1) MANAGEMENT OF FUNDS.—To be eligible 

25 for a grant under the Public Health Emergency IT 

26 Grant Program, a State shall agree to designate the 


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1 Chief Information Officer, or an equivalent official, 

2 of the State as the primary official for the manage3 ment and allocation of funds awarded under the 

4 Public Health Emergency IT Grant Program. 

5 (2) SECURITY STANDARDS AND CERTIFI6 CATIONS.— 

7 (A) IN GENERAL.—Not later than 90 days 

8 after the date of the enactment of this Act, the 

9 Secretary, in consultation with the Secretary of 

10 Commerce, shall select commonly accepted secu11 rity standards and certifications with respect to 

12 covered information technology. 

13 (B) SECURITY STANDARDS AND CERTIFI14 CATIONS REQUIRED.—To be eligible for a grant 

15 under the Public Health Emergency IT Grant 

16 Program, a State shall agree to procure only 

17 covered information technology that meets or 

18 exceeds the standards and certifications selected 

19 pursuant to paragraph (1) with funds made 

20 available under such Program. 

21 (e) GRANTS.— 

22 (1) SINGLE GRANT.—A State may not receive 

23 more than one grant under the Public Health Emer24 gency IT Grant Program. 


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1 (2) GRANT AMOUNTS.—The Secretary may 

2 award grants to States under the Public Health 

3 Emergency IT Grant Program on the basis of the 

4 population of such State, except no grant awarded 

5 under such Program may be less than $5,000,000. 

6 (f) SUBGRANTS.—Each State that receives a grant 

7 under the Public Health Emergency IT Grant Program 

8 shall reserve not less than 40 percent of amounts received 

9 for the purpose of making subgrants to local governments 

10 within such State— 

11 (1) for emergency information technology ex12 penses; or 

13 (2) to purchase licenses for covered information 

14 technology on behalf of such local governments. 

15 (g) RETURN OF FUNDS.—Amounts received by 

16 States under the Public Health Emergency IT Grant Pro17 gram that are not expended by the date that is two years 

18 after the date of the receipt of such funds shall be re19 turned to the Treasury of the United States. 

20 (h) REPORTS.— 

21 (1) REPORTS BY GRANT RECIPIENTS.—Not 

22 later than 180 days after receiving a grant under 

23 the Public Health Emergency IT Grant Program, a 

24 recipient of such grant shall submit to the Secretary 

25 a report that— 


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1 (A) describes how grant funds were obli2 gated or expended, including the use of funds 

3 made available as subgrants; and 

4 (B) demonstrates compliance by such re5 cipient and subgrantee with the requirements of 

6 such Program. 

7 (2) ANNUAL REPORT TO CONGRESS.—Not later 

8 than 1 year after the date of the enactment of this 

9 Act and annually thereafter until all funds under the 

10 Public Health Emergency IT Grant Program are ex11 pended or returned to the Treasury of the United 

12 States, the Secretary shall submit to the appropriate 

13 congressional committees a report that— 

14 (A) describes how grant funds were obli15 gated or expended, including the use of funds 

16 made available as subgrants; and 

17 (B) demonstrates compliance by each re18 cipient and subgrantee with the requirements of 

19 such Program. 

20 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated $1,000,000,000 for grants 

22 under the Public Health Emergency IT Grant Program. 

23 Amounts authorized to be appropriated pursuant to this 

24 subsection are authorized to remain available until Sep25 tember 30, 2022. 


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1 SEC. 4. MODERNIZING IT GRANT PROGRAM. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Department a program to be known as the ‘‘Modernizing 

4 IT Grant Program’’, under which the Secretary may make 

5 grants to States to modernize information technology for 

6 the purpose of securely enabling digital delivery of govern7 ment services, including the digital delivery of— 

8 (1) emergency services; 

9 (2) government benefit and entitlement pro10 grams; and 

11 (3) administrative services performed by a 

12 State. 

13 (b) ELIGIBILITY.—To be eligible for a grant under 

14 the Modernizing IT Grant Program, a State shall— 

15 (1) with respect to fiscal years 2021, 2022, and 

16 2023, maintain the funding levels of the lesser of fis17 cal year 2019, or the average of fiscal years 2017, 

18 2018, and 2019, with respect to information tech19 nology support and modernization; and 

20 (2) provide matching funds equal to 5 percent 

21 of the amount of any grant received under the Mod22 ernizing IT Grant Program. 

23 (c) APPLICATION.— 

24 (1) IN GENERAL.—Each State may apply for a 

25 grant under the Modernizing IT Grant Program, 

26 and shall submit such information in support of 


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1 such a grant as the Secretary may require, including 

2 the following: 

3 (A) A State information technology mod4 ernization plan, including— 

5 (i) a description of existing informa6 tion technology; 

7 (ii) the costs related to maintenance 

8 of existing information technology; 

9 (iii) a compilation of recent security 

10 audits of existing information technology; 

11 (iv) a compilation of recent oper12 ational performance reports of existing in13 formation technology; 

14 (v) a methodology to prioritize 

15 projects and procurement to account for— 

16 (I) security gains; 

17 (II) operational gains; and 

18 (III) cost; and 

19 (vi) a transition plan to modernize ex20 isting information technology, including— 

21 (I) a comparative analysis of 

22 cloud-based versus on-premise solu23 tions; and 

24 (II) an estimate of operation and 

25 maintenance costs for the information 


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1 technology to be procured under such 

2 transition plan. 

3 (B) A local government information tech4 nology modernization plan describing how 

5 grants awarded under the Modernizing IT 

6 Grant Program will be used to provide— 

7 (i) subgrants to local governments to 

8 modernize their information technology 

9 supporting digital delivery of government 

10 services; or 

11 (ii) shared services to local govern12 ments to support the digital delivery of 

13 government services. 

14 (2) APPLICATION EVALUATION.—The Sec15 retary, acting through the Director, and in consulta16 tion with the Administrator of General Services, 

17 shall evaluate each application for a grant under the 

18 Modernizing IT Grant Program with respect to the 

19 appropriateness of the information technology mod20 ernization plan to improve cybersecurity and en21 hance the capability to effectively deliver digital gov22 ernment services. 

23 (3) TECHNICAL ASSISTANCE.—The Director 

24 may provide technical assistance to States applying 

25 for a grant under the Modernizing IT Grant ProVerDate Sep 11 2014 00:26 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8048.IH H8048

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1 gram with respect to State and local government in2 formation technology modernization plans described 

3 in paragraph (1)(B). 

4 (d) CONDITIONS ON RECEIPT OF GRANT.— 

5 (1) MANAGEMENT OF FUNDS.—To be eligible 

6 for a grant under the Modernizing IT Grant Pro7 gram, a State shall agree to designate the Chief In8 formation Officer, or an equivalent official, of the 

9 State as the primary official for the management 

10 and allocation of funds awarded under the Modern11 izing IT Grant Program. 

12 (2) SECURITY STANDARDS AND CERTIFI13 CATIONS.— 

14 (A) IN GENERAL.—Not later than 1 year 

15 after the date of the enactment of this Act, the 

16 Secretary, in consultation with the Secretary of 

17 Commerce, shall select commonly accepted secu18 rity standards and certifications with respect to 

19 information technology. 

20 (B) SECURITY STANDARDS AND CERTIFI21 CATIONS REQUIRED.—To be eligible for a grant 

22 under the Modernizing IT Grant Program, a 

23 State shall agree to procure only information 

24 technology that meets or exceeds the standards 


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1 and certifications described in paragraph (1) 

2 with funds made available under such Program. 

3 (e) GRANTS.— 

4 (1) SINGLE GRANT.—A State may not receive 

5 more than one grant under the Modernizing IT 

6 Grant Program. 

7 (2) GRANT AMOUNTS.— 

8 (A) STATE GOVERNMENTS.—The Secretary 

9 may determine the amount of a grant to be 

10 awarded to a State, excluding Tribal govern11 ments, under the Modernizing IT Grant Pro12 gram based on the population of such State, ex13 cept no grant awarded under such Program 

14 may be less than $100,000,000. 

15 (B) TRIBAL GOVERNMENTS.—Grants to 

16 Tribal governments under the Modernization 

17 Grant Program may not exceed $500,000,000 

18 in the aggregate. 

19 (3) DISBURSEMENT OF FUNDS.—Grant funds 

20 awarded under the Modernizing IT Grant Program 

21 shall be dispersed in structured payments over a pe22 riod of five years, in such increments as the Sec23 retary determines appropriate for the project or pro24 curement to be carried out using the funds. 


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1 (f) SUBGRANTS.—Each State that receives a grant 

2 under the Modernizing IT Grant Program shall reserve 

3 not less than 40 percent of amounts received under such 

4 grant for the purpose of making a subgrant to local gov5 ernments to implement the local government information 

6 technology modernization plan required under subsection 

7 (c)(1)(B). 

8 (g) RETURN OF FUNDS.—Amounts received under 

9 the Modernizing IT Grant Program that are not expended 

10 by the date that is five years after the date of the receipt 

11 of such funds shall be returned to the Treasury of the 

12 United States. 

13 (h) ADMINISTRATIVE COSTS.—The Secretary may 

14 not expend more than $25,000,000 for administration of 

15 the Modernizing IT Grant Program. 

16 (i) REPORTS.— 

17 (1) REPORTS BY GRANT RECIPIENTS.—Not 

18 later than 180 days after receiving a grant under 

19 the Modernizing IT Grant Program, a recipient of 

20 such grant shall submit to the Secretary a report 

21 that— 

22 (A) describes how grant funds were obli23 gated or expended, including the use of funds 

24 made available as subgrants; and 


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1 (B) demonstrates compliance by each re2 cipient and subgrantee with the requirements of 

3 such Program. 

4 (2) ANNUAL REPORT TO CONGRESS.—Not later 

5 than 1 year after the date of the first grant awarded 

6 under the Modernizing IT Grant Program and an7 nually thereafter until all funds are expended or re8 turned to the Treasury of the United States, the 

9 Secretary shall submit to the appropriate congres10 sional committees a report that— 

11 (A) describes how grant funds were obli12 gated or expended, including the use of funds 

13 made available as subgrants; and 

14 (B) demonstrates compliance by each re15 cipient and subgrantee with the requirements of 

16 such Program. 

17 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated $25,000,000,000 for grants 

19 under the Modernizing IT Grant Program. Amounts au20 thorized to be appropriated pursuant to this subsection are 

21 authorized to remain available until September 30, 2027. 

22 SEC. 5. STATE AND LOCAL CYBERSECURITY GRANT PRO23 GRAM. 

24 (a) IN GENERAL.—Subtitle A of title XXII of the 

25 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 


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1 is amended by adding at the end the following new sec2 tions: 

3 ‘‘SEC. 2215. STATE AND LOCAL CYBERSECURITY GRANT 

4 PROGRAM. 

5 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

6 through the Director, shall establish a program to make 

7 grants to States to address cybersecurity risks and cyber8 security threats to information systems of State, local, 

9 Tribal, or territorial governments (referred to as the 

10 ‘State and Local Cybersecurity Grant Program’ in this 

11 section). 

12 ‘‘(b) BASELINE REQUIREMENTS.—A grant awarded 

13 under this section shall be used in compliance with the 

14 following: 

15 ‘‘(1) The Cybersecurity Plan required under 

16 subsection (d) and approved pursuant to subsection 

17 (g). 

18 ‘‘(2) The Homeland Security Strategy to Im19 prove the Cybersecurity of State, Local, Tribal, and 

20 Territorial Governments required in accordance with 

21 section 2210, when issued. 

22 ‘‘(c) ADMINISTRATION.—The State and Local Cyber23 security Grant Program shall be administered in the same 

24 program office that administers grants made under sec25 tions 2003 and 2004. 


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1 ‘‘(d) ELIGIBILITY.— 

2 ‘‘(1) IN GENERAL.—A State applying for a 

3 grant under the State and Local Cybersecurity 

4 Grant Program shall submit to the Secretary a Cy5 bersecurity Plan for approval. Such plan shall— 

6 ‘‘(A) incorporate, to the extent practicable, 

7 any existing plans of such State to protect 

8 against cybersecurity risks and cybersecurity 

9 threats to information systems of State, local, 

10 Tribal, or territorial governments; 

11 ‘‘(B) describe, to the extent practicable, 

12 how such State shall— 

13 ‘‘(i) enhance the preparation, re14 sponse, and resiliency of information sys15 tems owned or operated by such State or, 

16 if appropriate, by local, Tribal, or terri17 torial governments, against cybersecurity 

18 risks and cybersecurity threats; 

19 ‘‘(ii) implement a process of contin20 uous cybersecurity vulnerability assess21 ments and threat mitigation practices 

22 prioritized by degree of risk to address cy23 bersecurity risks and cybersecurity threats 

24 in information systems of such State, local, 

25 Tribal, or territorial governments; 


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1 ‘‘(iii) ensure that State, local, Tribal, 

2 and territorial governments that own or 

3 operate information systems within the 

4 State adopt best practices and methodolo5 gies to enhance cybersecurity, such as the 

6 practices set forth in the cybersecurity 

7 framework developed by the National Insti8 tute of Standards and Technology; 

9 ‘‘(iv) promote the delivery of safe, rec10 ognizable, and trustworthy online services 

11 by State, local, Tribal, and territorial gov12 ernments, including through the use of the 

13 .gov internet domain; 

14 ‘‘(v) mitigate any identified gaps in 

15 the State, local, Tribal, or territorial gov16 ernment cybersecurity workforces, enhance 

17 recruitment and retention efforts for such 

18 workforces, and bolster the knowledge, 

19 skills, and abilities of State, local, Tribal, 

20 and territorial government personnel to ad21 dress cybersecurity risks and cybersecurity 

22 threats; 

23 ‘‘(vi) ensure continuity of communica24 tions and data networks within such State 

25 between such State and local, Tribal, and 


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1 territorial governments that own or operate 

2 information systems within such State in 

3 the event of an incident involving such 

4 communications or data networks within 

5 such State; 

6 ‘‘(vii) assess and mitigate, to the 

7 greatest degree possible, cybersecurity 

8 risks and cybersecurity threats related to 

9 critical infrastructure and key resources, 

10 the degradation of which may impact the 

11 performance of information systems within 

12 such State; 

13 ‘‘(viii) enhance capability to share 

14 cyber threat indicators and related infor15 mation between such State and local, Trib16 al, and territorial governments that own or 

17 operate information systems within such 

18 State; and 

19 ‘‘(ix) develop and coordinate strategies 

20 to address cybersecurity risks and cyberse21 curity threats in consultation with— 

22 ‘‘(I) local, Tribal, and territorial 

23 governments within the State; and 

24 ‘‘(II) as applicable— 


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1 ‘‘(aa) neighboring States or, 

2 as appropriate, members of an 

3 information sharing and analysis 

4 organization; and 

5 ‘‘(bb) neighboring countries; 

6 and 

7 ‘‘(C) include, to the extent practicable, an 

8 inventory of the information technology de9 ployed on the information systems owned or op10 erated by such State or by local, Tribal, or ter11 ritorial governments within such State, includ12 ing legacy information technology that is no 

13 longer supported by the manufacturer. 

14 ‘‘(2) DISCRETIONARY ELEMENTS.—The Cyber15 security Plan of a State described in paragraph (1) 

16 may include— 

17 ‘‘(A) cooperative programs developed by 

18 groups of local, Tribal, and territorial govern19 ments within such State to address cybersecu20 rity risks and cybersecurity threats; and 

21 ‘‘(B) programs provided by such State to 

22 support local, Tribal, and territorial govern23 ments and critical infrastructure owners and 

24 operators to address cybersecurity risks and cy25 bersecurity threats. 


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1 ‘‘(e) PLANNING COMMITTEES.— 

2 ‘‘(1) IN GENERAL.—A State applying for a 

3 grant under this section shall establish a cybersecu4 rity planning committee to assist in the following: 

5 ‘‘(A) The development, implementation, 

6 and revision of such State’s Cybersecurity Plan 

7 required under subsection (d). 

8 ‘‘(B) The determination of effective fund9 ing priorities for such grant in accordance with 

10 subsection (f). 

11 ‘‘(2) COMPOSITION.—Cybersecurity planning 

12 committees described in paragraph (1) shall be com13 prised of representatives from counties, cities, towns, 

14 and Tribes within the State receiving a grant under 

15 this section, including, as appropriate, representa16 tives of rural, suburban, and high-population juris17 dictions. 

18 ‘‘(3) RULE OF CONSTRUCTION REGARDING EX19 ISTING PLANNING COMMITTEES.—Nothing in this 

20 subsection may be construed to require that any 

21 State establish a cybersecurity planning committee if 

22 such State has established and uses a multijuris23 dictional planning committee or commission that 

24 meets the requirements of this paragraph. 


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1 ‘‘(f) USE OF FUNDS.—A State that receives a grant 

2 under this section shall use the grant to implement such 

3 State’s Cybersecurity Plan, or to assist with activities de4 termined by the Secretary, in consultation with the Direc5 tor, to be integral to address cybersecurity risks and cy6 bersecurity threats to information systems of State, local, 

7 Tribal, or territorial governments, as the case may be. 

8 ‘‘(g) APPROVAL OF PLANS.— 

9 ‘‘(1) APPROVAL AS CONDITION OF GRANT.—Be10 fore a State may receive a grant under this section, 

11 the Secretary, acting through the Director, shall re12 view and approve such State’s Cybersecurity Plan 

13 required under subsection (d). 

14 ‘‘(2) PLAN REQUIREMENTS.—In approving a 

15 Cybersecurity Plan under this subsection, the Direc16 tor shall ensure such Plan— 

17 ‘‘(A) meets the requirements specified in 

18 subsection (d); and 

19 ‘‘(B) upon issuance of the Homeland Secu20 rity Strategy to Improve the Cybersecurity of 

21 State, Local, Tribal, and Territorial Govern22 ments authorized pursuant to section 2210, 

23 complies, as appropriate, with the goals and ob24 jectives of such Strategy. 


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1 ‘‘(3) APPROVAL OF REVISIONS.—The Secretary, 

2 acting through the Director, may approve revisions 

3 to a Cybersecurity Plan as the Director determines 

4 appropriate. 

5 ‘‘(4) EXCEPTION.—Notwithstanding the re6 quirement under subsection (d) to submit a Cyberse7 curity Plan as a condition of apply for a grant under 

8 this section, such a grant may be awarded to a State 

9 that has not so submitted a Cybersecurity Plan to 

10 the Secretary if— 

11 ‘‘(A) such State certifies to the Secretary 

12 that it will submit to the Secretary a Cyberse13 curity Plan for approval by September 30, 

14 2022; 

15 ‘‘(B) such State certifies to the Secretary 

16 that the activities that will be supported by 

17 such grant are integral to the development of 

18 such Cybersecurity Plan; or 

19 ‘‘(C) such State certifies to the Secretary, 

20 and the Director confirms, that the activities 

21 that will be supported by the grant will address 

22 imminent cybersecurity risks or cybersecurity 

23 threats to the information systems of such 

24 State or of a local, Tribal, or territorial govern25 ment in such State. 


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1 ‘‘(h) LIMITATIONS ON USES OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—A State that receives a 

3 grant under this section may not use such grant— 

4 ‘‘(A) to supplant State, local, Tribal, or 

5 territorial funds; 

6 ‘‘(B) for any recipient cost-sharing con7 tribution; 

8 ‘‘(C) to pay a demand for ransom in an at9 tempt to regain access to information or an in10 formation system of such State or of a local, 

11 Tribal, or territorial government in such State; 

12 ‘‘(D) for recreational or social purposes; or 

13 ‘‘(E) for any purpose that does not directly 

14 address cybersecurity risks or cybersecurity 

15 threats on an information systems of such State 

16 or of a local, Tribal, or territorial government 

17 in such State. 

18 ‘‘(2) PENALTIES.—In addition to other rem19 edies available, the Secretary may take such actions 

20 as are necessary to ensure that a recipient of a 

21 grant under this section is using such grant for the 

22 purposes for which such grant was awarded. 

23 ‘‘(i) OPPORTUNITY TO AMEND APPLICATIONS.—In 

24 considering applications for grants under this section, the 

25 Secretary shall provide applicants with a reasonable opVerDate Sep 11 2014 00:26 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H8048.IH H8048

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1 portunity to correct defects, if any, in such applications 

2 before making final awards. 

3 ‘‘(j) APPORTIONMENT.—For fiscal year 2020 and 

4 each fiscal year thereafter, the Secretary shall apportion 

5 amounts appropriated to carry out this section among 

6 States as follows: 

7 ‘‘(1) BASELINE AMOUNT.—The Secretary shall 

8 first apportion 0.25 percent of such amounts to each 

9 of American Samoa, the Commonwealth of the 

10 Northern Mariana Islands, Guam, and the Virgin Is11 lands, and 0.75 percent of such amounts to each of 

12 the remaining States. 

13 ‘‘(2) REMAINDER.—The Secretary shall appor14 tion the remainder of such amounts in the ratio 

15 that— 

16 ‘‘(A) the population of each State; bears to 

17 ‘‘(B) the population of all States. 

18 ‘‘(k) FEDERAL SHARE.—The Federal share of the 

19 cost of an activity carried out using funds made available 

20 under the program may not exceed the following percent21 ages: 

22 ‘‘(1) For fiscal year 2021, 90 percent. 

23 ‘‘(2) For fiscal year 2022, 80 percent. 

24 ‘‘(3) For fiscal year 2023, 70 percent. 

25 ‘‘(4) For fiscal year 2024, 60 percent. 


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1 ‘‘(5) For fiscal year 2025 and each subsequent 

2 fiscal year, 50 percent. 

3 ‘‘(l) STATE RESPONSIBILITIES.— 

4 ‘‘(1) CERTIFICATION.—Each State that receives 

5 a grant under this section shall certify to the Sec6 retary that the grant will be used for the purpose for 

7 which the grant is awarded and in compliance with 

8 the Cybersecurity Plan or other purpose approved by 

9 the Secretary under subsection (g). 

10 ‘‘(2) AVAILABILITY OF FUNDS TO LOCAL, TRIB11 AL, AND TERRITORIAL GOVERNMENTS.—Not later 

12 than 45 days after a State receives a grant under 

13 this section, such State shall, without imposing un14 reasonable or unduly burdensome requirements as a 

15 condition of receipt, obligate or otherwise make 

16 available to local, Tribal, and territorial governments 

17 in such State, consistent with the applicable Cyber18 security Plan— 

19 ‘‘(A) not less than 80 percent of funds 

20 available under such grant; 

21 ‘‘(B) with the consent of such local, Tribal, 

22 and territorial governments, items, services, ca23 pabilities, or activities having a value of not less 

24 than 80 percent of the amount of the grant; or 


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1 ‘‘(C) with the consent of the local, Tribal, 

2 and territorial governments, grant funds com3 bined with other items, services, capabilities, or 

4 activities having the total value of not less than 

5 80 percent of the amount of the grant. 

6 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU7 TION OF GRANT FUNDS TO LOCAL, TRIBAL, TERRI8 TORIAL GOVERNMENTS.—A State shall certify to the 

9 Secretary that the State has made the distribution 

10 to local, Tribal, and territorial governments required 

11 under paragraph (2). 

12 ‘‘(4) EXTENSION OF PERIOD.—A State may re13 quest in writing that the Secretary extend the period 

14 of time specified in paragraph (2) for an additional 

15 period of time. The Secretary may approve such a 

16 request if the Secretary determines such extension is 

17 necessary to ensure the obligation and expenditure 

18 of grant funds align with the purpose of the grant 

19 program. 

20 ‘‘(5) EXCEPTION.—Paragraph (2) shall not 

21 apply to the District of Columbia, the Common22 wealth of Puerto Rico, American Samoa, the Com23 monwealth of the Northern Mariana Islands, Guam, 

24 or the Virgin Islands. 


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1 ‘‘(6) DIRECT FUNDING.—If a State does not 

2 make the distribution to local, Tribal, or territorial 

3 governments in such State required under paragraph 

4 (2), such a local, Tribal, or territorial government 

5 may petition the Secretary. 

6 ‘‘(7) PENALTIES.—In addition to other rem7 edies available to the Secretary, the Secretary may 

8 terminate or reduce the amount of a grant awarded 

9 under this section to a State or transfer grant funds 

10 previously awarded to such State directly to the ap11 propriate local, Tribal, or territorial government if 

12 such State violates a requirement of this subsection. 

13 ‘‘(m) ADVISORY COMMITTEE.— 

14 ‘‘(1) ESTABLISHMENT.—The Director shall es15 tablish a State and Local Cybersecurity Resiliency 

16 Committee to provide State, local, Tribal, and terri17 torial stakeholder expertise, situational awareness, 

18 and recommendations to the Director, as appro19 priate, regarding how to— 

20 ‘‘(A) address cybersecurity risks and cyber21 security threats to information systems of 

22 State, local, Tribal, or territorial governments; 

23 and 

24 ‘‘(B) improve the ability of such govern25 ments to prevent, protect against, respond, 


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1 mitigate, and recover from cybersecurity risks 

2 and cybersecurity threats. 

3 ‘‘(2) DUTIES.—The State and Local Cybersecu4 rity Resiliency Committee shall— 

5 ‘‘(A) submit to the Director recommenda6 tions that may inform guidance for applicants 

7 for grants under this section; 

8 ‘‘(B) upon the request of the Director, pro9 vide to the Director technical assistance to in10 form the review of Cybersecurity Plans sub11 mitted by applicants for grants under this sec12 tion, and, as appropriate, submit to the Direc13 tor recommendations to improve such Plans 

14 prior to the Director’s determination regarding 

15 whether to approve such Plans; 

16 ‘‘(C) advise and provide to the Director 

17 input regarding the Homeland Security Strat18 egy to Improve Cybersecurity for State, Local, 

19 Tribal, and Territorial Governments required 

20 under section 2210; and 

21 ‘‘(D) upon the request of the Director, pro22 vide to the Director recommendations, as ap23 propriate, regarding how to— 

24 ‘‘(i) address cybersecurity risks and 

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1 tems of State, local, Tribal, or territorial 

2 governments; and 

3 ‘‘(ii) improve the cybersecurity resil4 ience of such governments. 

5 ‘‘(3) MEMBERSHIP.— 

6 ‘‘(A) NUMBER AND APPOINTMENT.—The 

7 State and Local Cybersecurity Resiliency Com8 mittee shall be composed of 15 members ap9 pointed by the Director, as follows: 

10 ‘‘(i) Two individuals recommended to 

11 the Director by the National Governors As12 sociation. 

13 ‘‘(ii) Two individuals recommended to 

14 the Director by the National Association of 

15 State Chief Information Officers. 

16 ‘‘(iii) One individual recommended to 

17 the Director by the National Guard Bu18 reau. 

19 ‘‘(iv) Two individuals recommended to 

20 the Director by the National Association of 

21 Counties. 

22 ‘‘(v) Two individuals recommended to 

23 the Director by the National League of 

24 Cities. 


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1 ‘‘(vi) One individual recommended to 

2 the Director by the United States Con3 ference of Mayors. 

4 ‘‘(vii) One individual recommended to 

5 the Director by the Multi-State Informa6 tion Sharing and Analysis Center. 

7 ‘‘(viii) Four individuals who have edu8 cational and professional experience related 

9 to cybersecurity analysis or policy. 

10 ‘‘(B) TERMS.—Each member of the State 

11 and Local Cybersecurity Resiliency Committee 

12 shall be appointed for a term of two years, ex13 cept that such term shall be three years only in 

14 the case of members who are appointed initially 

15 to the Committee upon the establishment of the 

16 Committee. Any member appointed to fill a va17 cancy occurring before the expiration of the 

18 term for which the member’s predecessor was 

19 appointed shall be appointed only for the re20 mainder of such term. A member may serve 

21 after the expiration of such member’s term 

22 until a successor has taken office. A vacancy in 

23 the Commission shall be filled in the manner in 

24 which the original appointment was made. 


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1 ‘‘(C) PAY.—Members of the State and 

2 Local Cybersecurity Resiliency Committee shall 

3 serve without pay. 

4 ‘‘(4) CHAIRPERSON; VICE CHAIRPERSON.—The 

5 members of the State and Local Cybersecurity Resil6 iency Committee shall select a chairperson and vice 

7 chairperson from among Committee members. 

8 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT.— 

9 The Federal Advisory Committee Act (5 U.S.C. 

10 App.) shall not apply to the State and Local Cyber11 security Resilience Committee. 

12 ‘‘(n) REPORTS.— 

13 ‘‘(1) ANNUAL REPORTS BY STATE GRANT RE14 CIPIENTS.—A State that receives a grant under this 

15 section shall annually submit to the Secretary a re16 port on the progress of the State in implementing 

17 the Cybersecurity Plan approved pursuant to sub18 section (g). If the State does not have a Cybersecu19 rity Plan approved pursuant to subsection (g), the 

20 State shall submit to the Secretary a report describ21 ing how grant funds were obligated and expended to 

22 develop a Cybersecurity Plan or improve the cyberse23 curity of information systems owned or operated by 

24 State, local, Tribal, or territorial governments in 

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1 tor, shall make each such report publicly available, 

2 including by making each such report available on 

3 the internet website of the Agency, subject to any 

4 redactions the Director determines necessary to pro5 tect classified or other sensitive information. 

6 ‘‘(2) ANNUAL REPORTS TO CONGRESS.—At 

7 least once each year, the Secretary, acting through 

8 the Director, shall submit to Congress a report on 

9 the use of grants awarded under this section and 

10 any progress made toward the following: 

11 ‘‘(A) Achieving the objectives set forth in 

12 the Homeland Security Strategy to Improve the 

13 Cybersecurity of State, Local, Tribal, and Ter14 ritorial Governments, upon the strategy’s 

15 issuance under section 2210. 

16 ‘‘(B) Developing, implementing, or revising 

17 Cybersecurity Plans. 

18 ‘‘(C) Reducing cybersecurity risks and cy19 bersecurity threats to information systems 

20 owned or operated by State, local, Tribal, and 

21 territorial governments as a result of the award 

22 of such grants. 

23 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated for grants under this 

25 section— 


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1 ‘‘(1) for each of fiscal years 2021 through 

2 2025, $400,000,000; and 

3 ‘‘(2) for each subsequent fiscal year, such sums 

4 as may be necessary. 

5 ‘‘(p) DEFINITIONS.—In this section: 

6 ‘‘(1) CRITICAL INFRASTRUCTURE.—The term 

7 ‘critical infrastructure’ has the meaning given that 

8 term in section 2. 

9 ‘‘(2) CYBER THREAT INDICATOR.—The term 

10 ‘cyber threat indicator’ has the meaning given such 

11 term in section 102 of the Cybersecurity Act of 

12 2015. 

13 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

14 the Director of the Cybersecurity and Infrastructure 

15 Security Agency. 

16 ‘‘(4) INCIDENT.—The term ‘incident’ has the 

17 meaning given such term in section 2209. 

18 ‘‘(5) INFORMATION SHARING AND ANALYSIS OR19 GANIZATION.—The term ‘information sharing and 

20 analysis organization’ has the meaning given such 

21 term in section 2222. 

22 ‘‘(6) INFORMATION SYSTEM.—The term ‘infor23 mation system’ has the meaning given such term in 

24 section 102(9) of the Cybersecurity Act of 2015 (6 

25 U.S.C. 1501(9)). 


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1 ‘‘(7) KEY RESOURCES.—The term ‘key re2 sources’ has the meaning given that term in section 

3 2. 

4 ‘‘(8) ONLINE SERVICE.—The term ‘online serv5 ice’ means any internet-facing service, including a 

6 website, email, virtual private network, or custom 

7 application. 

8 ‘‘(9) STATE.—The term ‘State’— 

9 ‘‘(A) means each of the several States, the 

10 District of Columbia, and the territories and 

11 possessions of the United States; and 

12 ‘‘(B) includes any federally recognized In13 dian tribe that notifies the Secretary, not later 

14 than 120 days after the date of the enactment 

15 of this section or not later than 120 days before 

16 the start of any fiscal year in which a grant 

17 under this section is awarded, that the tribe in18 tends to develop a Cybersecurity Plan and 

19 agrees to forfeit any distribution under sub20 section (l)(2). 

21 ‘‘SEC. 2216. CYBERSECURITY RESOURCE GUIDE DEVELOP22 MENT FOR STATE, LOCAL, TRIBAL, AND TER23 RITORIAL GOVERNMENT OFFICIALS. 

24 ‘‘The Secretary, acting through the Director, shall 

25 develop a resource guide for use by State, local, Tribal, 


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1 and territorial government officials, including law enforce2 ment officers, to help such officials identify, prepare for, 

3 detect, protect against, respond to, and recover from cy4 bersecurity risks, cybersecurity threats, and incidents (as 

5 such term is defined in section 2209).’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by inserting after the item relating to section 

9 2214 the following new items: 

‘‘Sec. 2215. State and Local Cybersecurity Grant Program. 

‘‘Sec. 2216. Cybersecurity resource guide development for State, local, Tribal, 

and territorial government officials.’’. 

10 SEC. 6. STRATEGY. 

11 (a) HOMELAND SECURITY STRATEGY TO IMPROVE

12 THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND

13 TERRITORIAL GOVERNMENTS.—Section 2210 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 660) is amend15 ed by adding at the end the following new subsection: 

16 ‘‘(e) HOMELAND SECURITY STRATEGY TO IMPROVE

17 THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND

18 TERRITORIAL GOVERNMENTS.— 

19 ‘‘(1) IN GENERAL.—Not later than 270 days 

20 after the date of the enactment of this subsection, 

21 the Secretary, acting through the Director, shall, in 

22 coordination with appropriate Federal departments 

23 and agencies, State, local, Tribal, and territorial 

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1 silience Committee (established under section 2215), 

2 and other stakeholders, as appropriate, develop and 

3 make publicly available a Homeland Security Strat4 egy to Improve the Cybersecurity of State, Local, 

5 Tribal, and Territorial Governments that provides 

6 recommendations regarding how the Federal Gov7 ernment should support and promote the ability 

8 State, local, Tribal, and territorial governments to 

9 identify, protect against, detect respond to, and re10 cover from cybersecurity risks, cybersecurity threats, 

11 and incidents (as such term is defined in section 

12 2209) and establishes baseline requirements and 

13 principles to which Cybersecurity Plans under such 

14 section shall be aligned. 

15 ‘‘(2) CONTENTS.—The Homeland Security 

16 Strategy to Improve the Cybersecurity of State, 

17 Local, Tribal, and Territorial Governments required 

18 under paragraph (1) shall— 

19 ‘‘(A) identify capability gaps in the ability 

20 of State, local, Tribal, and territorial govern21 ments to identify, protect against, detect, re22 spond to, and recover from cybersecurity risks, 

23 cybersecurity threats, and incidents; 

24 ‘‘(B) identify Federal resources and capa25 bilities that are available or could be made 


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1 available to State, local, Tribal, and territorial 

2 governments to help such governments identify, 

3 protect against, detect, respond to, and recover 

4 from cybersecurity risks, cybersecurity threats, 

5 and incidents; 

6 ‘‘(C) identify and assess the limitations of 

7 Federal resources and capabilities available to 

8 State, local, Tribal, and territorial governments 

9 to help such governments identify, protect 

10 against, detect, respond to, and recover from 

11 cybersecurity risks, cybersecurity threats, and 

12 incidents, and make recommendations to ad13 dress such limitations; 

14 ‘‘(D) identify opportunities to improve the 

15 Agency’s coordination with Federal and non16 Federal entities, such as the Multi-State Infor17 mation Sharing and Analysis Center, to im18 prove incident exercises, information sharing 

19 and incident notification procedures, the ability 

20 for State, local, Tribal, and territorial govern21 ments to voluntarily adapt and implement guid22 ance in Federal binding operational directives, 

23 and opportunities to leverage Federal schedules 

24 for cybersecurity investments under section 502 

25 of title 40, United States Code; 


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1 ‘‘(E) recommend new initiatives the Fed2 eral Government should undertake to improve 

3 the ability of State, local, Tribal, and territorial 

4 governments to help such governments identify, 

5 protect against, detect, respond to, and recover 

6 from cybersecurity risks, cybersecurity threats, 

7 and incidents; 

8 ‘‘(F) set short-term and long-term goals 

9 that will improve the ability of State, local, 

10 Tribal, and territorial governments to help such 

11 governments identify, protect against, detect, 

12 respond to, and recover from cybersecurity 

13 risks, cybersecurity threats, and incidents; and 

14 ‘‘(G) set dates, including interim bench15 marks, as appropriate for State, local, Tribal, 

16 territorial governments to establish baseline ca17 pabilities to identify, protect against, detect, re18 spond to, and recover from cybersecurity risks, 

19 cybersecurity threats, and incidents. 

20 ‘‘(3) CONSIDERATIONS.—In developing the 

21 Homeland Security Strategy to Improve the Cyber22 security of State, Local, Tribal, and Territorial Gov23 ernments required under paragraph (1), the Direc24 tor, in coordination with appropriate Federal depart25 ments and agencies, State, local, Tribal, and terriVerDate Sep 11 2014 00:26 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H8048.IH H8048

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1 torial governments, the State and Local Cybersecu2 rity Resilience Committee, and other stakeholders, 

3 as appropriate, shall consider— 

4 ‘‘(A) lessons learned from incidents that 

5 have affected State, local, Tribal, and territorial 

6 governments, and exercises with Federal and 

7 non-Federal entities; 

8 ‘‘(B) the impact of incidents that have af9 fected State, local, Tribal, and territorial gov10 ernments, including the resulting costs to such 

11 governments; 

12 ‘‘(C) the information related to the interest 

13 and ability of state and non-state threat actors 

14 to compromise information systems owned or 

15 operated by State, local, Tribal, and territorial 

16 governments; 

17 ‘‘(D) emerging cybersecurity risks and cy18 bersecurity threats to State, local, Tribal, and 

19 territorial governments resulting from the de20 ployment of new technologies; and 

21 ‘‘(E) recommendations made by the State 

22 and Local Cybersecurity Resilience Com23 mittee.’’. 

24 (b) RESPONSIBILITIES OF THE DIRECTOR OF THE

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1 CY.—Subsection (c) of section 2202 of the Homeland Se2 curity Act of 2002 (6 U.S.C. 652) is amended— 

3 (1) by redesignating paragraphs (6) through 

4 (11) as paragraphs (11) through (16), respectively; 

5 and 

6 (2) by inserting after paragraph (5) the fol7 lowing new paragraphs: 

8 ‘‘(6) develop program guidance, in consultation 

9 with the State and Local Government Cybersecurity 

10 Resiliency Committee established under section 

11 2215, for the State and Local Cybersecurity Grant 

12 Program under such section or any other homeland 

13 security assistance administered by the Department 

14 to improve cybersecurity; 

15 ‘‘(7) review, in consultation with the State and 

16 Local Cybersecurity Resiliency Committee, all cyber17 security plans of State, local, Tribal, and territorial 

18 governments developed pursuant to any homeland 

19 security assistance administered by the Department 

20 to improve cybersecurity; 

21 ‘‘(8) provide expertise and technical assistance 

22 to State, local, Tribal, and territorial government of23 ficials with respect to cybersecurity; 


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1 ‘‘(9) provide education, training, and capacity 

2 development to enhance the security and resilience 

3 of cybersecurity and infrastructure security; 

4 ‘‘(10) provide information to State, local, Trib5 al, and territorial governments on the security bene6 fits of .gov domain name registration services;’’. 

7 (c) FEASIBILITY STUDY.—Not later than 180 days 

8 after the date of the enactment of this Act, the Director 

9 shall conduct a study to assess the feasibility of imple10 menting a short-term rotational program for the detail of 

11 approved State, local, Tribal, and territorial government 

12 employees in cyber workforce positions to the Agency. 

Æ 


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