117TH CONGRESS 

1ST SESSION H. R. 3138 

AN ACT 

To amend the Homeland Security Act of 2002 to authorize 

a grant program relating to the cybersecurity of State 

and local governments, 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, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘State and Local Cyber3 security Improvement Act’’. 

4 SEC. 2. STATE AND LOCAL CYBERSECURITY GRANT PRO5 GRAM. 

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

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

8 is amended by adding at the end the following new sec9 tions: 

10 ‘‘SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT 

11 PROGRAM. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) CYBER THREAT INDICATOR.—The term 

14 ‘cyber threat indicator’ has the meaning given the 

15 term in section 102 of the Cybersecurity Act of 2015 

16 (6 U.S.C. 1501). 

17 ‘‘(2) CYBERSECURITY PLAN.—The term ‘Cyber18 security Plan’ means a plan submitted by an eligible 

19 entity under subsection (e)(1). 

20 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en21 tity’ means— 

22 ‘‘(A) a State; or 

23 ‘‘(B) an Indian tribe that, not later than 

24 120 days after the date of the enactment of this 

25 section or not later than 120 days before the 

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1 start of any fiscal year in which a grant under 

2 this section is awarded— 

3 ‘‘(i) notifies the Secretary that the In4 dian tribe intends to develop a Cybersecu5 rity Plan; and 

6 ‘‘(ii) agrees to forfeit any distribution 

7 under subsection (n)(2). 

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

9 meaning given the term in section 2209. 

10 ‘‘(5) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

11 The term ‘Indian tribe’ or ‘Tribal organization’ has 

12 the meaning given that term in section 4(e) of the 

13 of the Indian Self-Determination and Education As14 sistance Act (25 U.S.C. 5304(e)). 

15 ‘‘(6) INFORMATION SHARING AND ANALYSIS OR16 GANIZATION.—The term ‘information sharing and 

17 analysis organization’ has the meaning given the 

18 term in section 2222. 

19 ‘‘(7) INFORMATION SYSTEM.—The term ‘infor20 mation system’ has the meaning given the term in 

21 section 102 of the Cybersecurity Act of 2015 (6 

22 U.S.C. 1501). 

23 ‘‘(8) ONLINE SERVICE.—The term ‘online serv24 ice’ means any internet-facing service, including a 

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1 website, email, virtual private network, or custom 

2 application. 

3 ‘‘(9) RANSOMWARE INCIDENT.—The term 

4 ‘ransomware incident’ means an incident that actu5 ally or imminently jeopardizes, without lawful au6 thority, the integrity, confidentiality, or availability 

7 of information on an information system, or actually 

8 or imminently jeopardizes, without lawful authority, 

9 an information system for the purpose of coercing 

10 the information system’s owner, operator, or another 

11 person. 

12 ‘‘(10) STATE AND LOCAL CYBERSECURITY

13 GRANT PROGRAM.—The term ‘State and Local Cy14 bersecurity Grant Program’ means the program es15 tablished under subsection (b). 

16 ‘‘(11) STATE AND LOCAL CYBERSECURITY RE17 SILIENCE COMMITTEE.—The term ‘State and Local 

18 Cybersecurity Resilience Committee’ means the com19 mittee established under subsection (o)(1). 

20 ‘‘(b) ESTABLISHMENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary, acting 

22 through the Director, shall establish a program, to 

23 be known as the ‘the State and Local Cybersecurity 

24 Grant Program’, to award grants to eligible entities 

25 to address cybersecurity risks and cybersecurity 

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1 threats to information systems of State, local, or 

2 Tribal organizations. 

3 ‘‘(2) APPLICATION.—An eligible entity seeking 

4 a grant under the State and Local Cybersecurity 

5 Grant Program shall submit to the Secretary an ap6 plication at such time, in such manner, and con7 taining such information as the Secretary may re8 quire. 

9 ‘‘(c) BASELINE REQUIREMENTS.—An eligible entity 

10 or multistate group that receives a grant under this sec11 tion shall use the grant in compliance with— 

12 ‘‘(1)(A) the Cybersecurity Plan of the eligible 

13 entity or the Cybersecurity Plans of the eligible enti14 ties that comprise the multistate group; and 

15 ‘‘(B) the Homeland Security Strategy to Im16 prove the Cybersecurity of State, Local, Tribal, and 

17 Territorial Governments developed under section 

18 2210(e)(1); or 

19 ‘‘(2) activities carried out under paragraphs 

20 (3), (4), and (5) of subsection (h). 

21 ‘‘(d) ADMINISTRATION.—The State and Local Cyber22 security Grant Program shall be administered in the same 

23 office of the Department that administers grants made 

24 under sections 2003 and 2004. 

25 ‘‘(e) CYBERSECURITY PLANS.— 

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1 ‘‘(1) IN GENERAL.—An eligible entity applying 

2 for a grant under this section shall submit to the 

3 Secretary a Cybersecurity Plan for approval. 

4 ‘‘(2) REQUIRED ELEMENTS.—A Cybersecurity 

5 Plan of an eligible entity shall— 

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

7 any existing plans of the eligible entity to pro8 tect against cybersecurity risks and cybersecu9 rity threats to information systems of State, 

10 local, or Tribal organizations; 

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

12 how the eligible entity will— 

13 ‘‘(i) manage, monitor, and track infor14 mation systems, applications, and user ac15 counts owned or operated by or on behalf 

16 of the eligible entity or by local or Tribal 

17 organizations within the jurisdiction of the 

18 eligible entity and the information tech19 nology deployed on those information sys20 tems, including legacy information systems 

21 and information technology that are no 

22 longer supported by the manufacturer of 

23 the systems or technology; 

24 ‘‘(ii) monitor, audit, and track activity 

25 between information systems, applications, 

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1 and user accounts owned or operated by or 

2 on behalf of the eligible entity or by local 

3 or Tribal organizations within the jurisdic4 tion of the eligible entity and between 

5 those information systems and information 

6 systems not owned or operated by the eligi7 ble entity or by local or Tribal organiza8 tions within the jurisdiction of the eligible 

9 entity; 

10 ‘‘(iii) enhance the preparation, re11 sponse, and resilience of information sys12 tems, applications, and user accounts 

13 owned or operated by or on behalf of the 

14 eligible entity or local or Tribal organiza15 tions against cybersecurity risks and cyber16 security threats; 

17 ‘‘(iv) implement a process of contin18 uous cybersecurity vulnerability assess19 ments and threat mitigation practices 

20 prioritized by degree of risk to address cy21 bersecurity risks and cybersecurity threats 

22 on information systems of the eligible enti23 ty or local or Tribal organizations; 

24 ‘‘(v) ensure that State, local, and 

25 Tribal organizations that own or operate 

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1 information systems that are located with2 in the jurisdiction of the eligible entity— 

3 ‘‘(I) adopt best practices and 

4 methodologies to enhance cybersecu5 rity, such as the practices set forth in 

6 the cybersecurity framework developed 

7 by, and the cyber supply chain risk 

8 management best practices identified 

9 by, the National Institute of Stand10 ards and Technology; and 

11 ‘‘(II) utilize knowledge bases of 

12 adversary tools and tactics to assess 

13 risk; 

14 ‘‘(vi) promote the delivery of safe, rec15 ognizable, and trustworthy online services 

16 by State, local, and Tribal organizations, 

17 including through the use of the .gov inter18 net domain; 

19 ‘‘(vii) ensure continuity of operations 

20 of the eligible entity and local, and Tribal 

21 organizations in the event of a cybersecu22 rity incident (including a ransomware inci23 dent), including by conducting exercises to 

24 practice responding to such an incident; 

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1 ‘‘(viii) use the National Initiative for 

2 Cybersecurity Education Cybersecurity 

3 Workforce Framework developed by the 

4 National Institute of Standards and Tech5 nology to identify and mitigate any gaps in 

6 the cybersecurity workforces of State, 

7 local, or Tribal organizations, enhance re8 cruitment and retention efforts for such 

9 workforces, and bolster the knowledge, 

10 skills, and abilities of State, local, and 

11 Tribal organization personnel to address 

12 cybersecurity risks and cybersecurity 

13 threats, such as through cybersecurity hy14 giene training; 

15 ‘‘(ix) ensure continuity of communica16 tions and data networks within the juris17 diction of the eligible entity between the el18 igible entity and local and Tribal organiza19 tions that own or operate information sys20 tems within the jurisdiction of the eligible 

21 entity in the event of an incident involving 

22 such communications or data networks 

23 within the jurisdiction of the eligible entity; 

24 ‘‘(x) assess and mitigate, to the great25 est degree possible, cybersecurity risks and 

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1 cybersecurity threats related to critical in2 frastructure and key resources, the deg3 radation of which may impact the perform4 ance of information systems within the ju5 risdiction of the eligible entity; 

6 ‘‘(xi) enhance capabilities to share 

7 cyber threat indicators and related infor8 mation between the eligible entity and local 

9 and Tribal organizations that own or oper10 ate information systems within the juris11 diction of the eligible entity, including by 

12 expanding existing information sharing 

13 agreements with the Department; 

14 ‘‘(xii) enhance the capability of the el15 igible entity to share cyber threat indictors 

16 and related information with the Depart17 ment; 

18 ‘‘(xiii) leverage cybersecurity services 

19 offered by the Department; 

20 ‘‘(xiv) develop and coordinate strate21 gies to address cybersecurity risks and cy22 bersecurity threats to information systems 

23 of the eligible entity in consultation with— 

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1 ‘‘(I) local and Tribal organiza2 tions within the jurisdiction of the eli3 gible entity; and 

4 ‘‘(II) as applicable— 

5 ‘‘(aa) States that neighbor 

6 the jurisdiction of the eligible en7 tity or, as appropriate, members 

8 of an information sharing and 

9 analysis organization; and 

10 ‘‘(bb) countries that neigh11 bor the jurisdiction of the eligible 

12 entity; and 

13 ‘‘(xv) implement an information tech14 nology and operational technology mod15 ernization cybersecurity review process 

16 that ensures alignment between informa17 tion technology and operational technology 

18 cybersecurity objectives; 

19 ‘‘(C) describe, to the extent practicable, the 

20 individual responsibilities of the eligible entity 

21 and local and Tribal organizations within the 

22 jurisdiction of the eligible entity in imple23 menting the plan; 

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1 ‘‘(D) outline, to the extent practicable, the 

2 necessary resources and a timeline for imple3 menting the plan; and 

4 ‘‘(E) describe how the eligible entity will 

5 measure progress towards implementing the 

6 plan. 

7 ‘‘(3) DISCRETIONARY ELEMENTS.—A Cyberse8 curity Plan of an eligible entity may include a de9 scription of— 

10 ‘‘(A) cooperative programs developed by 

11 groups of local and Tribal organizations within 

12 the jurisdiction of the eligible entity to address 

13 cybersecurity risks and cybersecurity threats; 

14 and 

15 ‘‘(B) programs provided by the eligible en16 tity to support local and Tribal organizations 

17 and owners and operators of critical infrastruc18 ture to address cybersecurity risks and cyberse19 curity threats. 

20 ‘‘(4) MANAGEMENT OF FUNDS.—An eligible en21 tity applying for a grant under this section shall 

22 agree to designate the Chief Information Officer, the 

23 Chief Information Security Officer, or an equivalent 

24 official of the eligible entity as the primary official 

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1 for the management and allocation of funds awarded 

2 under this section. 

3 ‘‘(f) MULTISTATE GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary, acting 

5 through the Director, may award grants under this 

6 section to a group of two or more eligible entities to 

7 support multistate efforts to address cybersecurity 

8 risks and cybersecurity threats to information sys9 tems within the jurisdictions of the eligible entities. 

10 ‘‘(2) SATISFACTION OF OTHER REQUIRE11 MENTS.—In order to be eligible for a multistate 

12 grant under this subsection, each eligible entity that 

13 comprises a multistate group shall submit to the 

14 Secretary— 

15 ‘‘(A) a Cybersecurity Plan for approval in 

16 accordance with subsection (i); and 

17 ‘‘(B) a plan for establishing a cybersecu18 rity planning committee under subsection (g). 

19 ‘‘(3) APPLICATION.— 

20 ‘‘(A) IN GENERAL.—A multistate group 

21 applying for a multistate grant under para22 graph (1) shall submit to the Secretary an ap23 plication at such time, in such manner, and 

24 containing such information as the Secretary 

25 may require. 

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1 ‘‘(B) MULTISTATE PROJECT DESCRIP2 TION.—An application of a multistate group 

3 under subparagraph (A) shall include a plan de4 scribing— 

5 ‘‘(i) the division of responsibilities 

6 among the eligible entities that comprise 

7 the multistate group for administering the 

8 grant for which application is being made; 

9 ‘‘(ii) the distribution of funding from 

10 such a grant among the eligible entities 

11 that comprise the multistate group; and 

12 ‘‘(iii) how the eligible entities that 

13 comprise the multistate group will work to14 gether to implement the Cybersecurity 

15 Plan of each of those eligible entities. 

16 ‘‘(g) PLANNING COMMITTEES.— 

17 ‘‘(1) IN GENERAL.—An eligible entity that re18 ceives a grant under this section shall establish a cy19 bersecurity planning committee to— 

20 ‘‘(A) assist in the development, implemen21 tation, and revision of the Cybersecurity Plan of 

22 the eligible entity; 

23 ‘‘(B) approve the Cybersecurity Plan of the 

24 eligible entity; and 

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1 ‘‘(C) assist in the determination of effec2 tive funding priorities for a grant under this 

3 section in accordance with subsection (h). 

4 ‘‘(2) COMPOSITION.—A committee of an eligible 

5 entity established under paragraph (1) shall— 

6 ‘‘(A) be comprised of representatives from 

7 the eligible entity and counties, cities, towns, 

8 Tribes, and public educational and health insti9 tutions within the jurisdiction of the eligible en10 tity; and 

11 ‘‘(B) include, as appropriate, representa12 tives of rural, suburban, and high-population 

13 jurisdictions. 

14 ‘‘(3) CYBERSECURITY EXPERTISE.—Not less 

than 1 15 ⁄2 of the representatives of a committee estab16 lished under paragraph (1) shall have professional 

17 experience relating to cybersecurity or information 

18 technology. 

19 ‘‘(4) RULE OF CONSTRUCTION REGARDING EX20 ISTING PLANNING COMMITTEES.—Nothing in this 

21 subsection may be construed to require an eligible 

22 entity to establish a cybersecurity planning com23 mittee if the eligible entity has established and uses 

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1 sion that meets, or may be leveraged to meet, the re2 quirements of this subsection. 

3 ‘‘(h) USE OF FUNDS.—An eligible entity that receives 

4 a grant under this section shall use the grant to— 

5 ‘‘(1) implement the Cybersecurity Plan of the 

6 eligible entity; 

7 ‘‘(2) develop or revise the Cybersecurity Plan of 

8 the eligible entity; or 

9 ‘‘(3) assist with activities that address immi10 nent cybersecurity risks or cybersecurity threats to 

11 the information systems of the eligible entity or a 

12 local or Tribal organization within the jurisdiction of 

13 the eligible entity. 

14 ‘‘(i) APPROVAL OF PLANS.— 

15 ‘‘(1) APPROVAL AS CONDITION OF GRANT.—Be16 fore an eligible entity may receive a grant under this 

17 section, the Secretary, acting through the Director, 

18 shall review the Cybersecurity Plan, or any revisions 

19 thereto, of the eligible entity and approve such plan, 

20 or revised plan, if it satisfies the requirements speci21 fied in paragraph (2). 

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

23 Cybersecurity Plan of an eligible entity under this 

24 subsection, the Director shall ensure that the Cyber25 security Plan— 

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1 ‘‘(A) satisfies the requirements of sub2 section (e)(2); 

3 ‘‘(B) upon the issuance of the Homeland 

4 Security Strategy to Improve the Cybersecurity 

5 of State, Local, Tribal, and Territorial Govern6 ments authorized pursuant to section 2210(e), 

7 complies, as appropriate, with the goals and ob8 jectives of the strategy; and 

9 ‘‘(C) has been approved by the cybersecu10 rity planning committee of the eligible entity es11 tablished under subsection (g). 

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

13 acting through the Director, may approve revisions 

14 to a Cybersecurity Plan as the Director determines 

15 appropriate. 

16 ‘‘(4) EXCEPTION.—Notwithstanding subsection 

17 (e) and paragraph (1) of this subsection, the Sec18 retary may award a grant under this section to an 

19 eligible entity that does not submit a Cybersecurity 

20 Plan to the Secretary if— 

21 ‘‘(A) the eligible entity certifies to the Sec22 retary that— 

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1 velopment of the Cybersecurity Plan of the 

2 eligible entity; and 

3 ‘‘(ii) the eligible entity will submit by 

4 September 30, 2023, to the Secretary a 

5 Cybersecurity Plan for review, and if ap6 propriate, approval; or 

7 ‘‘(B) the eligible entity certifies to the Sec8 retary, and the Director confirms, that the eli9 gible entity will use funds from the grant to as10 sist with the activities described in subsection 

11 (h)(3). 

12 ‘‘(j) LIMITATIONS ON USES OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—An eligible entity that re14 ceives a grant under this section may not use the 

15 grant— 

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

17 funds; 

18 ‘‘(B) for any recipient cost-sharing con19 tribution; 

20 ‘‘(C) to pay a demand for ransom in an at21 tempt to— 

22 ‘‘(i) regain access to information or 

23 an information system of the eligible entity 

24 or of a local or Tribal organization within 

25 the jurisdiction of the eligible entity; or 

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1 ‘‘(ii) prevent the disclosure of infor2 mation that has been removed without au3 thorization from an information system of 

4 the eligible entity or of a local or Tribal or5 ganization within the jurisdiction of the eli6 gible entity; 

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

8 ‘‘(E) for any purpose that does not address 

9 cybersecurity risks or cybersecurity threats on 

10 information systems of the eligible entity or of 

11 a local or Tribal organization within the juris12 diction of the eligible entity. 

13 ‘‘(2) PENALTIES.—In addition to any other 

14 remedy available, the Secretary may take such ac15 tions as are necessary to ensure that a recipient of 

16 a grant under this section uses the grant for the 

17 purposes for which the grant is awarded. 

18 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

19 paragraph (1) may be construed to prohibit the use 

20 of grant funds provided to a State, local, or Tribal 

21 organization for otherwise permissible uses under 

22 this section on the basis that a State, local, or Trib23 al organization has previously used State, local, or 

24 Tribal funds to support the same or similar uses. 

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1 ‘‘(k) OPPORTUNITY TO AMEND APPLICATIONS.—In 

2 considering applications for grants under this section, the 

3 Secretary shall provide applicants with a reasonable op4 portunity to correct defects, if any, in such applications 

5 before making final awards. 

6 ‘‘(l) APPORTIONMENT.—For fiscal year 2022 and 

7 each fiscal year thereafter, the Secretary shall apportion 

8 amounts appropriated to carry out this section among 

9 States as follows: 

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

11 first apportion 0.25 percent of such amounts to each 

12 of American Samoa, the Commonwealth of the 

13 Northern Mariana Islands, Guam, the U.S. Virgin 

14 Islands, and 0.75 percent of such amounts to each 

15 of the remaining States. 

16 ‘‘(2) REMAINDER.—The Secretary shall appor17 tion the remainder of such amounts in the ratio 

18 that— 

19 ‘‘(A) the population of each eligible entity, 

20 bears to 

21 ‘‘(B) the population of all eligible entities. 

22 ‘‘(3) MINIMUM ALLOCATION TO INDIAN

23 TRIBES.— 

24 ‘‘(A) IN GENERAL.—In apportioning 

25 amounts under this section, the Secretary shall 

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1 ensure that, for each fiscal year, directly eligible 

2 Tribes collectively receive, from amounts appro3 priated under the State and Local Cybersecu4 rity Grant Program, not less than an amount 

5 equal to three percent of the total amount ap6 propriated for grants under this section. 

7 ‘‘(B) ALLOCATION.—Of the amount re8 served under subparagraph (A), funds shall be 

9 allocated in a manner determined by the Sec10 retary in consultation with Indian tribes. 

11 ‘‘(C) EXCEPTION.—This paragraph shall 

12 not apply in any fiscal year in which the Sec13 retary— 

14 ‘‘(i) receives fewer than five applica15 tions from Indian tribes; or 

16 ‘‘(ii) does not approve at least two ap17 plications from Indian tribes. 

18 ‘‘(m) FEDERAL SHARE.— 

19 ‘‘(1) IN GENERAL.—The Federal share of the 

20 cost of an activity carried out using funds made 

21 available with a grant under this section may not ex22 ceed— 

23 ‘‘(A) in the case of a grant to an eligible 

24 entity— 

25 ‘‘(i) for fiscal year 2022, 90 percent; 

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1 ‘‘(ii) for fiscal year 2023, 80 percent; 

2 ‘‘(iii) for fiscal year 2024, 70 percent; 

3 ‘‘(iv) for fiscal year 2025, 60 percent; 

4 and 

5 ‘‘(v) for fiscal year 2026 and each 

6 subsequent fiscal year, 50 percent; and 

7 ‘‘(B) in the case of a grant to a multistate 

8 group— 

9 ‘‘(i) for fiscal year 2022, 95 percent; 

10 ‘‘(ii) for fiscal year 2023, 85 percent; 

11 ‘‘(iii) for fiscal year 2024, 75 percent; 

12 ‘‘(iv) for fiscal year 2025, 65 percent; 

13 and 

14 ‘‘(v) for fiscal year 2026 and each 

15 subsequent fiscal year, 55 percent. 

16 ‘‘(2) WAIVER.—The Secretary may waive or 

17 modify the requirements of paragraph (1) for an In18 dian tribe if the Secretary determines such a waiver 

19 is in the public interest. 

20 ‘‘(n) RESPONSIBILITIES OF GRANTEES.— 

21 ‘‘(1) CERTIFICATION.—Each eligible entity or 

22 multistate group that receives a grant under this 

23 section shall certify to the Secretary that the grant 

24 will be used— 

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1 ‘‘(A) for the purpose for which the grant 

2 is awarded; and 

3 ‘‘(B) in compliance with, as the case may 

4 be— 

5 ‘‘(i) the Cybersecurity Plan of the eli6 gible entity; 

7 ‘‘(ii) the Cybersecurity Plans of the el8 igible entities that comprise the multistate 

9 group; or 

10 ‘‘(iii) a purpose approved by the Sec11 retary under subsection (h) or pursuant to 

12 an exception under subsection (i). 

13 ‘‘(2) AVAILABILITY OF FUNDS TO LOCAL AND

14 TRIBAL ORGANIZATIONS.—Not later than 45 days 

15 after the date on which an eligible entity or 

16 multistate group receives a grant under this section, 

17 the eligible entity or multistate group shall, without 

18 imposing unreasonable or unduly burdensome re19 quirements as a condition of receipt, obligate or oth20 erwise make available to local and Tribal organiza21 tions within the jurisdiction of the eligible entity or 

22 the eligible entities that comprise the multistate 

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1 rity Plans of the eligible entities that comprise the 

2 multistate group— 

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

4 available under the grant; 

5 ‘‘(B) with the consent of the local and 

6 Tribal organizations, items, services, capabili7 ties, or activities having a value of not less than 

8 80 percent of the amount of the grant; or 

9 ‘‘(C) with the consent of the local and 

10 Tribal organizations, grant funds combined 

11 with other items, services, capabilities, or activi12 ties having the total value of not less than 80 

13 percent of the amount of the grant. 

14 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU15 TION OF GRANT FUNDS TO LOCAL AND TRIBAL OR16 GANIZATIONS.—An eligible entity or multistate 

17 group shall certify to the Secretary that the eligible 

18 entity or multistate group has made the distribution 

19 to local, Tribal, and territorial governments required 

20 under paragraph (2). 

21 ‘‘(4) EXTENSION OF PERIOD.— 

22 ‘‘(A) IN GENERAL.—An eligible entity or 

23 multistate group may request in writing that 

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1 fied in paragraph (2) for an additional period 

2 of time. 

3 ‘‘(B) APPROVAL.—The Secretary may ap4 prove a request for an extension under subpara5 graph (A) if the Secretary determines the ex6 tension is necessary to ensure that the obliga7 tion and expenditure of grant funds align with 

8 the purpose of the State and Local Cybersecu9 rity Grant Program. 

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

11 apply to the District of Columbia, the Common12 wealth of Puerto Rico, American Samoa, the Com13 monwealth of the Northern Mariana Islands, Guam, 

14 the Virgin Islands, or an Indian tribe. 

15 ‘‘(6) DIRECT FUNDING.—If an eligible entity 

16 does not make a distribution to a local or Tribal or17 ganization required in accordance with paragraph 

18 (2), the local or Tribal organization may petition the 

19 Secretary to request that grant funds be provided di20 rectly to the local or Tribal organization. 

21 ‘‘(7) PENALTIES.—In addition to other rem22 edies available to the Secretary, the Secretary may 

23 terminate or reduce the amount of a grant awarded 

24 under this section to an eligible entity or distribute 

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1 ty directly to the appropriate local or Tribal organi2 zation as a replacement grant in an amount the Sec3 retary determines appropriate if such eligible entity 

4 violates a requirement of this subsection. 

5 ‘‘(o) ADVISORY COMMITTEE.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 120 

7 days after the date of enactment of this section, the 

8 Director shall establish a State and Local Cyberse9 curity Resilience Committee to provide State, local, 

10 and Tribal stakeholder expertise, situational aware11 ness, and recommendations to the Director, as ap12 propriate, regarding how to— 

13 ‘‘(A) address cybersecurity risks and cyber14 security threats to information systems of 

15 State, local, or Tribal organizations; and 

16 ‘‘(B) improve the ability of State, local, 

17 and Tribal organizations to prevent, protect 

18 against, respond to, mitigate, and recover from 

19 such cybersecurity risks and cybersecurity 

20 threats. 

21 ‘‘(2) DUTIES.—The committee established 

22 under paragraph (1) shall— 

23 ‘‘(A) submit to the Director recommenda24 tions that may inform guidance for applicants 

25 for grants under this section; 

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1 ‘‘(B) upon the request of the Director, pro2 vide to the Director technical assistance to in3 form the review of Cybersecurity Plans sub4 mitted by applicants for grants under this sec5 tion, and, as appropriate, submit to the Direc6 tor recommendations to improve those plans 

7 prior to the approval of the plans under sub8 section (i); 

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

10 input regarding the Homeland Security Strat11 egy to Improve Cybersecurity for State, Local, 

12 Tribal, and Territorial Governments required 

13 under section 2210; 

14 ‘‘(D) upon the request of the Director, pro15 vide to the Director recommendations, as ap16 propriate, regarding how to— 

17 ‘‘(i) address cybersecurity risks and 

18 cybersecurity threats on information sys19 tems of State, local, or Tribal organiza20 tions; and 

21 ‘‘(ii) improve the cybersecurity resil22 ience of State, local, or Tribal organiza23 tions; and 

24 ‘‘(E) regularly coordinate with the State, 

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1 ordinating Council, within the Critical Infra2 structure Partnership Advisory Council, estab3 lished under section 871. 

4 ‘‘(3) MEMBERSHIP.— 

5 ‘‘(A) NUMBER AND APPOINTMENT.—The 

6 State and Local Cybersecurity Resilience Com7 mittee established pursuant to paragraph (1) 

8 shall be composed of 15 members appointed by 

9 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) One individual 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) One individual recommended to 

8 the Director by the National Congress of 

9 American Indians. 

10 ‘‘(viii) Four individuals who have edu11 cational and professional experience relat12 ing to cybersecurity work or cybersecurity 

13 policy. 

14 ‘‘(B) TERMS.— 

15 ‘‘(i) IN GENERAL.—Subject to clause 

16 (ii), each member of the State and Local 

17 Cybersecurity Resilience Committee shall 

18 be appointed for a term of two years. 

19 ‘‘(ii) REQUIREMENT.—At least two 

20 members of the State and Local Cyberse21 curity Resilience Committee shall also be 

22 members of the State, Local, Tribal and 

23 Territorial Government Coordinating 

24 Council, within the Critical Infrastructure 

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1 Partnership Advisory Council, established 

2 under section 871. 

3 ‘‘(iii) EXCEPTION.—A term of a mem4 ber of the State and Local Cybersecurity 

5 Resilience Committee shall be three years 

6 if the member is appointed initially to the 

7 Committee upon the establishment of the 

8 Committee. 

9 ‘‘(iv) TERM REMAINDERS.—Any mem10 ber of the State and Local Cybersecurity 

11 Resilience Committee appointed to fill a 

12 vacancy occurring before the expiration of 

13 the term for which the member’s prede14 cessor was appointed shall be appointed 

15 only for the remainder of such term. A 

16 member may serve after the expiration of 

17 such member’s term until a successor has 

18 taken office. 

19 ‘‘(v) VACANCIES.—A vacancy in the 

20 State and Local Cybersecurity Resilience 

21 Committee shall be filled in the manner in 

22 which the original appointment was made. 

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

24 Local Cybersecurity Resilience Committee shall 

25 serve without pay. 

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

2 members of the State and Local Cybersecurity Resil3 ience Committee shall select a chairperson and vice 

4 chairperson from among members of the committee. 

5 ‘‘(5) PERMANENT AUTHORITY.—Notwith6 standing section 14 of the Federal Advisory Com7 mittee Act (5 U.S.C. App.), the State and Local Cy8 bersecurity Resilience Committee shall be a perma9 nent authority. 

10 ‘‘(p) REPORTS.— 

11 ‘‘(1) ANNUAL REPORTS BY GRANT RECIPI12 ENTS.— 

13 ‘‘(A) IN GENERAL.—Not later than one 

14 year after an eligible entity or multistate group 

15 receives funds under this section, the eligible 

16 entity or multistate group shall submit to the 

17 Secretary a report on the progress of the eligi18 ble entity or multistate group in implementing 

19 the Cybersecurity Plan of the eligible entity or 

20 Cybersecurity Plans of the eligible entities that 

21 comprise the multistate group, as the case may 

22 be. 

23 ‘‘(B) ABSENCE OF PLAN.—Not later than 

24 180 days after an eligible entity that does not 

25 have a Cybersecurity Plan receives funds under 

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1 this section for developing its Cybersecurity 

2 Plan, the eligible entity shall submit to the Sec3 retary a report describing how the eligible enti4 ty obligated and expended grant funds during 

5 the fiscal year to— 

6 ‘‘(i) so develop such a Cybersecurity 

7 Plan; or 

8 ‘‘(ii) assist with the activities de9 scribed in subsection (h)(3). 

10 ‘‘(2) ANNUAL REPORTS TO CONGRESS.—Not 

11 less frequently than once per year, the Secretary, 

12 acting through the Director, shall submit to Con13 gress a report on the use of grants awarded under 

14 this section and any progress made toward the fol15 lowing: 

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

17 the Homeland Security Strategy to Improve the 

18 Cybersecurity of State, Local, Tribal, and Ter19 ritorial Governments, upon the date on which 

20 the strategy is issued under section 2210. 

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

22 Cybersecurity Plans. 

23 ‘‘(C) Reducing cybersecurity risks and cy24 bersecurity threats to information systems, ap25 plications, and user accounts owned or operated 

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1 by or on behalf of State, local, and Tribal orga2 nizations as a result of the award of such 

3 grants. 

4 ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated for grants under this 

6 section— 

7 ‘‘(1) for each of fiscal years 2022 through 

8 2026, $500,000,000; and 

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

10 as may be necessary. 

11 ‘‘SEC. 2220B. CYBERSECURITY RESOURCE GUIDE DEVELOP12 MENT FOR STATE, LOCAL, TRIBAL, AND TER13 RITORIAL GOVERNMENT OFFICIALS. 

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

15 develop, regularly update, and maintain a resource guide 

16 for use by State, local, Tribal, and territorial government 

17 officials, including law enforcement officers, to help such 

18 officials identify, prepare for, detect, protect against, re19 spond to, and recover from cybersecurity risks (as such 

20 term is defined in section 2209), cybersecurity threats, 

21 and incidents (as such term is defined in section 2209).’’. 

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

23 in section 1(b) of the Homeland Security Act of 2002, as 

24 amended by section 4, is further amended by inserting 

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1 after the item relating to section 2220 the following new 

2 items: 

‘‘Sec. 2220A. State and Local Cybersecurity Grant Program. 

‘‘Sec. 2220B. Cybersecurity resource guide development for State, local, Tribal, 

and territorial government officials.’’. 

3 SEC. 3. STRATEGY. 

4 (a) HOMELAND SECURITY STRATEGY TO IMPROVE

5 THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND

6 TERRITORIAL GOVERNMENTS.—Section 2210 of the 

7 Homeland Security Act of 2002 (6 U.S.C. 660) is amend8 ed by adding at the end the following new subsection: 

9 ‘‘(e) HOMELAND SECURITY STRATEGY TO IMPROVE

10 THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND

11 TERRITORIAL GOVERNMENTS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) REQUIREMENT.—Not later than one 

14 year after the date of the enactment of this 

15 subsection, the Secretary, acting through the 

16 Director, shall, in coordination with the heads 

17 of appropriate Federal agencies, State, local, 

18 Tribal, and territorial governments, the State 

19 and Local Cybersecurity Resilience Committee 

20 established under section 2220A, and other 

21 stakeholders, as appropriate, develop and make 

22 publicly available a Homeland Security Strategy 

23 to Improve the Cybersecurity of State, Local, 

24 Tribal, and Territorial Governments. 

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1 ‘‘(B) RECOMMENDATIONS AND REQUIRE2 MENTS.—The strategy required under subpara3 graph (A) shall— 

4 ‘‘(i) provide recommendations relating 

5 to the ways in which the Federal Govern6 ment should support and promote the abil7 ity of State, local, Tribal, and territorial 

8 governments to identify, mitigate against, 

9 protect against, detect, respond to, and re10 cover from cybersecurity risks (as such 

11 term is defined in section 2209), cyberse12 curity threats, and incidents (as such term 

13 is defined in section 2209); and 

14 ‘‘(ii) establish baseline requirements 

15 for cybersecurity plans under this section 

16 and principles with which such plans shall 

17 align. 

18 ‘‘(2) CONTENTS.—The strategy required under 

19 paragraph (1) shall— 

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

21 of State, local, Tribal, and territorial govern22 ments to identify, protect against, detect, re23 spond to, and recover from cybersecurity risks, 

24 cybersecurity threats, incidents, and 

25 ransomware incidents; 

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1 ‘‘(B) identify Federal resources and capa2 bilities that are available or could be made 

3 available to State, local, Tribal, and territorial 

4 governments to help those governments identify, 

5 protect against, detect, respond to, and recover 

6 from cybersecurity risks, cybersecurity threats, 

7 incidents, and ransomware incidents; 

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

9 Federal resources and capabilities available to 

10 State, local, Tribal, and territorial governments 

11 to help those governments identify, protect 

12 against, detect, respond to, and recover from 

13 cybersecurity risks, cybersecurity threats, inci14 dents, and ransomware incidents and make rec15 ommendations to address such limitations; 

16 ‘‘(D) identify opportunities to improve the 

17 coordination of the Agency with Federal and 

18 non-Federal entities, such as the Multi-State 

19 Information Sharing and Analysis Center, to 

20 improve— 

21 ‘‘(i) incident exercises, information 

22 sharing and incident notification proce23 dures; 

24 ‘‘(ii) the ability for State, local, Trib25 al, and territorial governments to volunVerDate Sep 11 2014 11:02 Jul 21, 2021 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 Z:\XMLBILLS\H3138.EH NODE
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1 tarily adapt and implement guidance in 

2 Federal binding operational directives; and 

3 ‘‘(iii) opportunities to leverage Federal 

4 schedules for cybersecurity investments 

5 under section 502 of title 40, United 

6 States Code; 

7 ‘‘(E) recommend new initiatives the Fed8 eral Government should undertake to improve 

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

10 governments to identify, protect against, detect, 

11 respond to, and recover from cybersecurity 

12 risks, cybersecurity threats, incidents, and 

13 ransomware incidents; 

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

15 that will improve the ability of State, local, 

16 Tribal, and territorial governments to identify, 

17 protect against, detect, respond to, and recover 

18 from cybersecurity risks, cybersecurity threats, 

19 incidents, and ransomware incidents; and 

20 ‘‘(G) set dates, including interim bench21 marks, as appropriate for State, local, Tribal, 

22 and territorial governments to establish baseline 

23 capabilities to identify, protect against, detect, 

24 respond to, and recover from cybersecurity 

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1 risks, cybersecurity threats, incidents, and 

2 ransomware incidents. 

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

4 strategy required under paragraph (1), the Director, 

5 in coordination with the heads of appropriate Fed6 eral agencies, State, local, Tribal, and territorial 

7 governments, the State and Local Cybersecurity Re8 silience Committee established under section 2220A, 

9 and other stakeholders, as appropriate, shall con10 sider— 

11 ‘‘(A) lessons learned from incidents that 

12 have affected State, local, Tribal, and territorial 

13 governments, and exercises with Federal and 

14 non-Federal entities; 

15 ‘‘(B) the impact of incidents that have af16 fected State, local, Tribal, and territorial gov17 ernments, including the resulting costs to such 

18 governments; 

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

20 and ability of state and non-state threat actors 

21 to compromise information systems (as such 

22 term is defined in section 102 of the Cybersecu23 rity Act of 2015 (6 U.S.C. 1501)) owned or op24 erated by State, local, Tribal, and territorial 

25 governments; 

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1 ‘‘(D) emerging cybersecurity risks and cy2 bersecurity threats to State, local, Tribal, and 

3 territorial governments resulting from the de4 ployment of new technologies; and 

5 ‘‘(E) recommendations made by the State 

6 and Local Cybersecurity Resilience Committee 

7 established under section 2220A. 

8 ‘‘(4) EXEMPTION.—Chapter 35 of title 44, 

9 United States Code (commonly known as the ‘Paper10 work Reduction Act’), shall not apply to any action 

11 to implement this subsection.’’. 

12 (b) RESPONSIBILITIES OF THE DIRECTOR OF THE

13 CYBERSECURITY AND INFRASTRUCTURE SECURITY AGEN14 CY.—Section 2202 of the Homeland Security Act of 2002 

15 (6 U.S.C. 652) is amended— 

16 (1) by redesignating subsections (d) through (i) 

17 as subsections (e) through (j), respectively; and 

18 (2) by inserting after subsection (c) the fol19 lowing new subsection: 

20 ‘‘(d) ADDITIONAL RESPONSIBILITIES.—In addition 

21 to the responsibilities under subsection (c), the Director 

22 shall— 

23 ‘‘(1) develop program guidance, in consultation 

24 with the State and Local Government Cybersecurity 

25 Resilience Committee established under section 

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1 2220A, for the State and Local Cybersecurity Grant 

2 Program under such section or any other homeland 

3 security assistance administered by the Department 

4 to improve cybersecurity; 

5 ‘‘(2) review, in consultation with the State and 

6 Local Cybersecurity Resilience Committee, all cyber7 security plans of State, local, Tribal, and territorial 

8 governments developed pursuant to any homeland 

9 security assistance administered by the Department 

10 to improve cybersecurity; 

11 ‘‘(3) provide expertise and technical assistance 

12 to State, local, Tribal, and territorial government of13 ficials with respect to cybersecurity; and 

14 ‘‘(4) provide education, training, and capacity 

15 development to enhance the security and resilience 

16 of cybersecurity and infrastructure security.’’. 

17 (c) FEASIBILITY STUDY.—Not later than 270 days 

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

19 of the Cybersecurity and Infrastructure Security of the 

20 Department of Homeland Security shall conduct a study 

21 to assess the feasibility of implementing a short-term rota22 tional program for the detail to the Agency of approved 

23 State, local, Tribal, and territorial government employees 

24 in cyber workforce positions. 

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1 SEC. 4. TITLE XXII TECHNICAL AND CLERICAL AMEND2 MENTS. 

3 (a) TECHNICAL AMENDMENTS.— 

4 (1) HOMELAND SECURITY ACT OF 2002.—Sub5 title A of title XXII of the Homeland Security Act 

6 of 2002 (6 U.S.C. 651 et seq.) is amended— 

7 (A) in the first section 2215 (6 U.S.C. 

8 665; relating to the duties and authorities relat9 ing to .gov internet domain), by amending the 

10 section enumerator and heading to read as fol11 lows: 

12 ‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV 

13 INTERNET DOMAIN.’’; 

14 (B) in the second section 2215 (6 U.S.C. 

15 665b; relating to the joint cyber planning of16 fice), by amending the section enumerator and 

17 heading to read as follows: 

18 ‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’; 

19 (C) in the third section 2215 (6 U.S.C. 

20 665c; relating to the Cybersecurity State Coor21 dinator), by amending the section enumerator 

22 and heading to read as follows: 

23 ‘‘SEC. 2217. CYBERSECURITY STATE COORDINATOR.’’; 

24 (D) in the fourth section 2215 (6 U.S.C. 

25 665d; relating to Sector Risk Management 

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1 Agencies), by amending the section enumerator 

2 and heading to read as follows: 

3 ‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.’’; 

4 (E) in section 2216 (6 U.S.C. 665e; relat5 ing to the Cybersecurity Advisory Committee), 

6 by amending the section enumerator and head7 ing to read as follows: 

8 ‘‘SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.’’; 

9 and 

10 (F) in section 2217 (6 U.S.C. 665f; relat11 ing to Cybersecurity Education and Training 

12 Programs), by amending the section enu13 merator and heading to read as follows: 

14 ‘‘SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING 

15 PROGRAMS.’’. 

16 (2) CONSOLIDATED APPROPRIATIONS ACT, 

17 2021.—Paragraph (1) of section 904(b) of division U 

18 of the Consolidated Appropriations Act, 2021 (Pub19 lic Law 116–260) is amended, in the matter pre20 ceding subparagraph (A), by inserting ‘‘of 2002’’ 

21 after ‘‘Homeland Security Act’’. 

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

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

24 amended by striking the items relating to sections 2214 

25 through 2217 and inserting the following new items: 

‘‘Sec. 2214. National Asset Database. 

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‘‘Sec. 2215. Duties and authorities relating to .gov internet domain. 

‘‘Sec. 2216. Joint cyber planning office. 

‘‘Sec. 2217. Cybersecurity State Coordinator. 

‘‘Sec. 2218. Sector Risk Management Agencies. 

‘‘Sec. 2219. Cybersecurity Advisory Committee. 

‘‘Sec. 2220. Cybersecurity Education and Training Programs.’’. 

Passed the House of Representatives July 20, 2021. 

Attest: 

Clerk. 

117TH CONGRESS 

1ST SESSION H. R. 3138 

AN ACT 

To amend the Homeland Security Act of 2002 to 

other purposes. security of State and local governments, and for authorize a grant program relating to the cyberVerDate Sep 11 2014 11:02 Jul 21, 2021 Jkt 000000 PO 00000 Frm 00044 Fmt 6651 Sfmt 6651 Z:\XMLBILLS\H3138.EH NODE