IIB 
116TH CONGRESS 
2D SESSION 
H. R. 5823 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 1, 2020 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To establish a program to make grants to States to address 
cybersecurity risks and cybersecurity threats to informa-
tion systems of State, local, Tribal, or territorial govern-
ments, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘State and Local Cyber-
security Improvement Act’’. 
SEC. 2. STATE AND LOCAL CYBERSECURITY GRANT PRO-
GRAM. 
(a) IN GENERAL.—Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 
is amended by adding at the end the following new sec-
tions: 
‘‘SEC. 2215. STATE AND LOCAL CYBERSECURITY GRANT 
PROGRAM. 
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Director, shall establish a program to make 
grants to States to address cybersecurity risks and cyber-
security threats to information systems of State, local, 
Tribal, or territorial governments (referred to as the 
‘State and Local Cybersecurity Grant Program’ in this 
section). 
‘‘(b) BASELINE REQUIREMENTS.—A grant awarded 
under this section shall be used in compliance with the 
following: 
‘‘(1) The Cybersecurity Plan required under 
subsection (d) and approved pursuant to subsection 
(g). 
‘‘(2) The Homeland Security Strategy to Im-
prove the Cybersecurity of State, Local, Tribal, and 
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Territorial Governments required in accordance with 
section 2210, when issued. 
‘‘(c) ADMINISTRATION.—The State and Local Cyber-
security Grant Program shall be administered in the same 
program office that administers grants made under sec-
tions 2003 and 2004. 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN
GENERAL.—A State applying for a 
grant under the State and Local Cybersecurity 
Grant Program shall submit to the Secretary a Cy-
bersecurity Plan for approval. Such plan shall— 
‘‘(A) incorporate, to the extent practicable, 
any existing plans of such State to protect 
against cybersecurity risks and cybersecurity 
threats to information systems of State, local, 
Tribal, or territorial governments; 
‘‘(B) describe, to the extent practicable, 
how such State shall— 
‘‘(i) enhance the preparation, re-
sponse, and resiliency of information sys-
tems owned or operated by such State or, 
if appropriate, by local, Tribal, or terri-
torial governments, against cybersecurity 
risks and cybersecurity threats; 
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‘‘(ii) implement a process of contin-
uous cybersecurity vulnerability assess-
ments and threat mitigation practices 
prioritized by degree of risk to address cy-
bersecurity risks and cybersecurity threats 
in information systems of such State, local, 
Tribal, or territorial governments; 
‘‘(iii) ensure that State, local, Tribal, 
and territorial governments that own or 
operate information systems within the 
State adopt best practices and methodolo-
gies to enhance cybersecurity, such as the 
practices set forth in the cybersecurity 
framework developed by the National Insti-
tute of Standards and Technology; 
‘‘(iv) promote the delivery of safe, rec-
ognizable, and trustworthy online services 
by State, local, Tribal, and territorial gov-
ernments, including through the use of the 
.gov internet domain; 
‘‘(v) mitigate any identified gaps in 
the State, local, Tribal, or territorial gov-
ernment cybersecurity workforces, enhance 
recruitment and retention efforts for such 
workforces, and bolster the knowledge, 
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skills, and abilities of State, local, Tribal, 
and territorial government personnel to ad-
dress cybersecurity risks and cybersecurity 
threats; 
‘‘(vi) ensure continuity of communica-
tions and data networks within such State 
between such State and local, Tribal, and 
territorial governments that own or operate 
information systems within such State in 
the event of an incident involving such 
communications or data networks within 
such State; 
‘‘(vii) assess and mitigate, to the 
greatest 
degree 
possible, 
cybersecurity 
risks and cybersecurity threats related to 
critical infrastructure and key resources, 
the degradation of which may impact the 
performance of information systems within 
such State; 
‘‘(viii) enhance capability to share 
cyber threat indicators and related infor-
mation between such State and local, Trib-
al, and territorial governments that own or 
operate information systems within such 
State; and 
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‘‘(ix) develop and coordinate strategies 
to address cybersecurity risks and cyberse-
curity threats in consultation with— 
‘‘(I) local, Tribal, and territorial 
governments within the State; and 
‘‘(II) as applicable— 
‘‘(aa) neighboring States or, 
as appropriate, members of an 
information sharing and analysis 
organization; and 
‘‘(bb) neighboring countries; 
and 
‘‘(C) include, to the extent practicable, an 
inventory of the information technology de-
ployed on the information systems owned or op-
erated by such State or by local, Tribal, or ter-
ritorial governments within such State, includ-
ing legacy information technology that is no 
longer supported by the manufacturer. 
‘‘(e) PLANNING COMMITTEES.— 
‘‘(1) IN
GENERAL.—A State applying for a 
grant under this section shall establish a cybersecu-
rity planning committee to assist in the following: 
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‘‘(A) The development, implementation, 
and revision of such State’s Cybersecurity Plan 
required under subsection (d). 
‘‘(B) The determination of effective fund-
ing priorities for such grant in accordance with 
subsection (f). 
‘‘(2) 
COMPOSITION.—Cybersecurity 
planning 
committees described in paragraph (1) shall be com-
prised of representatives from counties, cities, towns, 
and Tribes within the State receiving a grant under 
this section, including, as appropriate, representa-
tives of rural, suburban, and high-population juris-
dictions. 
‘‘(3) RULE OF CONSTRUCTION REGARDING EX-
ISTING
PLANNING
COMMITTEES.—Nothing in this 
subsection may be construed to require that any 
State establish a cybersecurity planning committee if 
such State has established and uses a multijuris-
dictional planning committee or commission that 
meets the requirements of this paragraph. 
‘‘(f) USE OF FUNDS.—A State that receives a grant 
under this section shall use the grant to implement such 
State’s Cybersecurity Plan, or to assist with activities de-
termined by the Secretary, in consultation with the Direc-
tor, to be integral to address cybersecurity risks and cy-
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bersecurity threats to information systems of State, local, 
Tribal, or territorial governments, as the case may be. 
‘‘(g) APPROVAL OF PLANS.— 
‘‘(1) APPROVAL AS CONDITION OF GRANT.—Be-
fore a State may receive a grant under this section, 
the Secretary, acting through the Director, shall re-
view and approve such State’s Cybersecurity Plan 
required under subsection (d). 
‘‘(2) PLAN
REQUIREMENTS.—In approving a 
Cybersecurity Plan under this subsection, the Direc-
tor shall ensure such Plan— 
‘‘(A) meets the requirements specified in 
subsection (d); and 
‘‘(B) upon issuance of the Homeland Secu-
rity Strategy to Improve the Cybersecurity of 
State, Local, Tribal, and Territorial Govern-
ments authorized pursuant to section 2210, 
complies, as appropriate, with the goals and ob-
jectives of such Strategy. 
‘‘(3) APPROVAL OF REVISIONS.—The Secretary, 
acting through the Director, may approve revisions 
to a Cybersecurity Plan as the Director determines 
appropriate. 
‘‘(4) EXCEPTION.—Notwithstanding the re-
quirement under subsection (d) to submit a Cyberse-
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curity Plan as a condition of apply for a grant under 
this section, such a grant may be awarded to a State 
that has not so submitted a Cybersecurity Plan to 
the Secretary if— 
‘‘(A) such State certifies to the Secretary 
that it will submit to the Secretary a Cyberse-
curity Plan for approval by September 30, 
2022; 
‘‘(B) such State certifies to the Secretary 
that the activities that will be supported by 
such grant are integral to the development of 
such Cybersecurity Plan; or 
‘‘(C) such State certifies to the Secretary, 
and the Director confirms, that the activities 
that will be supported by the grant will address 
imminent cybersecurity risks or cybersecurity 
threats to the information systems of such 
State or of a local, Tribal, or territorial govern-
ment in such State. 
‘‘(h) LIMITATIONS ON USES OF FUNDS.— 
‘‘(1) IN
GENERAL.—A State that receives a 
grant under this section may not use such grant— 
‘‘(A) to supplant State, local, Tribal, or 
territorial funds; 
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‘‘(B) for any recipient cost-sharing con-
tribution; 
‘‘(C) to pay a demand for ransom in an at-
tempt to regain access to information or an in-
formation system of such State or of a local, 
Tribal, or territorial government in such State; 
‘‘(D) for recreational or social purposes; or 
‘‘(E) for any purpose that does not directly 
address cybersecurity risks or cybersecurity 
threats on an information systems of such State 
or of a local, Tribal, or territorial government 
in such State. 
‘‘(2) PENALTIES.—In addition to other rem-
edies available, the Secretary may take such actions 
as are necessary to ensure that a recipient of a 
grant under this section is using such grant for the 
purposes for which such grant was awarded. 
‘‘(i) OPPORTUNITY TO AMEND APPLICATIONS.—In 
considering applications for grants under this section, the 
Secretary shall provide applicants with a reasonable op-
portunity to correct defects, if any, in such applications 
before making final awards. 
‘‘(j) APPORTIONMENT.—For fiscal year 2020 and 
each fiscal year thereafter, the Secretary shall apportion 
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amounts appropriated to carry out this section among 
States as follows: 
‘‘(1) BASELINE AMOUNT.—The Secretary shall 
first apportion 0.25 percent of such amounts to each 
of American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Is-
lands, and 0.75 percent of such amounts to each of 
the remaining States. 
‘‘(2) REMAINDER.—The Secretary shall appor-
tion the remainder of such amounts in the ratio 
that— 
‘‘(A) the population of each State; bears to 
‘‘(B) the population of all States. 
‘‘(k) FEDERAL SHARE.—The Federal share of the 
cost of an activity carried out using funds made available 
under the program may not exceed the following percent-
ages: 
‘‘(1) For fiscal year 2021, 90 percent. 
‘‘(2) For fiscal year 2022, 80 percent. 
‘‘(3) For fiscal year 2023, 70 percent. 
‘‘(4) For fiscal year 2024, 60 percent. 
‘‘(5) For fiscal year 2025 and each subsequent 
fiscal year, 50 percent. 
‘‘(l) STATE RESPONSIBILITIES.— 
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‘‘(1) CERTIFICATION.—Each State that receives 
a grant under this section shall certify to the Sec-
retary that the grant will be used for the purpose for 
which the grant is awarded and in compliance with 
the Cybersecurity Plan or other purpose approved by 
the Secretary under subsection (g). 
‘‘(2) AVAILABILITY OF FUNDS TO LOCAL, TRIB-
AL, AND
TERRITORIAL
GOVERNMENTS.—Not later 
than 45 days after a State receives a grant under 
this section, such State shall, without imposing un-
reasonable or unduly burdensome requirements as a 
condition of receipt, obligate or otherwise make 
available to local, Tribal, and territorial governments 
in such State, consistent with the applicable Cyber-
security Plan— 
‘‘(A) not less than 80 percent of funds 
available under such grant; 
‘‘(B) with the consent of such local, Tribal, 
and territorial governments, items, services, ca-
pabilities, or activities having a value of not less 
than 80 percent of the amount of the grant; or 
‘‘(C) with the consent of the local, Tribal, 
and territorial governments, grant funds com-
bined with other items, services, capabilities, or 
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activities having the total value of not less than 
80 percent of the amount of the grant. 
‘‘(3) CERTIFICATIONS
REGARDING
DISTRIBU-
TION OF GRANT FUNDS TO LOCAL, TRIBAL, TERRI-
TORIAL GOVERNMENTS.—A State shall certify to the 
Secretary that the State has made the distribution 
to local, Tribal, and territorial governments required 
under paragraph (2). 
‘‘(4) EXTENSION OF PERIOD.—A State may re-
quest in writing that the Secretary extend the period 
of time specified in paragraph (2) for an additional 
period of time. The Secretary may approve such a 
request if the Secretary determines such extension is 
necessary to ensure the obligation and expenditure 
of grant funds align with the purpose of the grant 
program. 
‘‘(5) EXCEPTION.—Paragraph (2) shall not 
apply to the District of Columbia, the Common-
wealth of Puerto Rico, American Samoa, the Com-
monwealth of the Northern Mariana Islands, Guam, 
or the Virgin Islands. 
‘‘(6) DIRECT FUNDING.—If a State does not 
make the distribution to local, Tribal, or territorial 
governments in such State required under paragraph 
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