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[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''United States-Israel Cybersecurity
Cooperation Enhancement Act of 2016''.

SEC. 2. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.

(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ''Agreement between the Government of
the United States of America and the Government of the State of
Israel on Cooperation in Science and Technology for Homeland
Security Matters'', dated May 29, 2008 (or successor
agreement), and the requirements specified in paragraph (2),
shall establish a grant program at the Department to support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of
cybersecurity technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding any other
provision of law, in carrying out a research,
development, demonstration, or commercial application
program or activity that is authorized under this
section, the Secretary shall require cost sharing in
accordance with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in
clause (ii), the Secretary shall require not
less than 50 percent of the cost of a research,
development, demonstration, or commercial
application program or activity described in
subparagraph (A) to be provided by a non-
Federal source.
(ii) Reduction.--The Secretary may reduce
or eliminate, on a case-by-case basis, the
percentage requirement specified in clause (i)
if the Secretary determines that such reduction
or elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research,
development, demonstration, or commercial application
program or activity that is authorized under this
section, awards shall be made only after an impartial
review of the scientific and technical merit of the
proposals for such awards has been carried out by or
for the Department.
(D) Review processes.--In carrying out a review
under subparagraph (C), the Secretary may use merit
review processes developed under section 302(14) of the
Homeland Security Act of 2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if the project of such
applicant--
(A) addresses a requirement in the area of
cybersecurity research or cybersecurity technology, as
determined by the Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity,
academic institution, National Laboratory (as
defined in section 2 of the Energy Policy Act
of 2005 (42 U.S.C. 15801)), or nonprofit entity
in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary an
application for such grant in accordance with procedures
established by the Secretary, in consultation with the advisory
board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish
an advisory board to--
(i) monitor the method by which grants are
awarded under this subsection; and
(ii) provide to the Secretary periodic
performance reviews of actions taken to carry
out this subsection.
(B) Composition.--The advisory board established
under subparagraph (A) shall be composed of three
members, to be appointed by the Secretary, of whom--
(i) one shall be a representative of the
Federal Government;
(ii) one shall be selected from a list of
nominees provided by the United States-Israel
Binational Science Foundation; and
(iii) one shall be selected from a list of
nominees provided by the United States-Israel
Binational Industrial Research and Development
Foundation.
(6) Contributed funds.--Notwithstanding any other provision
of law, the Secretary may accept or retain funds contributed by
any person, government entity, or organization for purposes of
carrying out this subsection. Such funds shall be available,
subject to appropriation, without fiscal year limitation.
(7) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under
this subsection, the grant recipient shall submit to the
Secretary a report that contains--
(A) a description of how the grant funds were used
by the recipient; and
(B) an evaluation of the level of success of each
project funded by the grant.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(b) Termination.--The grant program and the advisory board
established under this section terminate on the date that is seven
years after the date of the enactment of this Act.
(c) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this Act.
(d) Definitions.--In this section--
(1) the term ''cybersecurity research'' means research,
including social science research, into ways to identify,
protect against, detect, respond to, and recover from
cybersecurity threats;
(2) the term ''cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to, and
recover from cybersecurity threats;
(3) the term ''cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (enacted as title I of the Cybersecurity
Act of 2015 (division N of the Consolidated Appropriations Act,
2016 (Public Law 114-113)));
(4) the term ''Department'' means the Department of
Homeland Security; and
(5) the term ''Secretary'' means the Secretary of Homeland
Security.

Passed the House of Representatives November 29, 2016.

Attest:

KAREN L. HAAS,

Clerk.
[EX A]: United States-Israel Cybersecurity Cooperation Enhancement Act of 2016 (Sec. 2) This bill requires the Department of Homeland Security (DHS) to establish a grant program to support cybersecurity research and development, and the demonstration and commercialization of cybersecurity technology, in accordance with the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters, dated May 29, 2008, or a successor agreement. Grants may be awarded for social science research and technology intended to identify, protect against, respond to, and recover from cybersecurity threats. To be eligible for a grant, a project must be a joint venture between: (1) for-profit, nonprofit, or academic entities (including U.S. national laboratories) in the United States and Israel; or (2) the governments of the United States and Israel. Grants shall be awarded only for projects considered unclassified by both the United States and Israel. DHS must require cost sharing of at least 50% from nonfederal sources for grant activities, but it may reduce the nonfederal percentage if necessary on a case-by-case basis. DHS must establish an advisory board to monitor the impartial scientific and technical merit method by which grants are awarded and provide periodic reviews of the actions taken to carry out the program. The grant program terminates seven years after this bill's enactment.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Security and Freedom Through
Encryption (SAFE) Act''.

SEC. 2. SALE AND USE OF ENCRYPTION.

(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 121 the following new chapter:

''CHAPTER 122--ENCRYPTED WIRE AND ELECTRONIC INFORMATION

''2801. Definitions.
''2802. Freedom to use encryption.
''2803. Freedom to sell encryption.
''2804. Prohibition on mandatory key escrow.
''2805. Unlawful use of encryption in furtherance of a criminal act.
''Sec. 2801. Definitions
''As used in this chapter--
''(1) the terms 'person', 'State', 'wire communication',
'electronic communication', 'investigative or law enforcement
officer', 'judge of competent jurisdiction', and 'electronic
storage' have the meanings given those terms in section 2510 of
this title;
''(2) the terms 'encrypt' and 'encryption' refer to the
scrambling of wire or electronic information using mathematical
formulas or algorithms in order to preserve the
confidentiality, integrity, or authenticity of, and prevent
unauthorized recipients from accessing or altering, such
information;
''(3) the term 'key' means the variable information used in
a mathematical formula, code, or algorithm, or any component
thereof, used to decrypt wire or electronic information that
has been encrypted; and
''(4) the term 'United States person' means--
''(A) any United States citizen;
''(B) any other person organized under the laws of
any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States; and
''(C) any person organized under the laws of any
foreign country who is owned or controlled by
individuals or persons described in subparagraphs (A)
and (B).
''Sec. 2802. Freedom to use encryption
''Subject to section 2805, it shall be lawful for any person within
any State, and for any United States person in a foreign country, to
use any encryption, regardless of the encryption algorithm selected,
encryption key length chosen, or implementation technique or medium
used.
''Sec. 2803. Freedom to sell encryption
''Subject to section 2805, it shall be lawful for any person within
any State to sell in interstate commerce any encryption, regardless of
the encryption algorithm selected, encryption key length chosen, or
implementation technique or medium used.
''Sec. 2804. Prohibition on mandatory key escrow
''(a) Prohibition.--No person in lawful possession of a key to
encrypted information may be required by Federal or State law to
relinquish to another person control of that key.
''(b) Exception for Access for Law Enforcement Purposes.--
Subsection (a) shall not affect the authority of any investigative or
law enforcement officer, acting under any law in effect on the
effective date of this chapter, to gain access to encrypted
information.
''Sec. 2805. Unlawful use of encryption in furtherance of a criminal
act
''Any person who willfully uses encryption in furtherance of the
commission of a criminal offense for which the person may be prosecuted
in a court of competent jurisdiction--
''(1) in the case of a first offense under this section,
shall be imprisoned for not more than 5 years, or fined in the
amount set forth in this title, or both; and
''(2) in the case of a second or subsequent offense under
this section, shall be imprisoned for not more than 10 years,
or fined in the amount set forth in this title, or both.''.
(b) Conforming Amendment.--The table of chapters for part I of
title 18, United States Code, is amended by inserting after the item
relating to chapter 33 the following new item:

''122. Encrypted wire and electronic information............ 2801''.

SEC. 3. EXPORTS OF ENCRYPTION.

(a) Amendment to Export Administration Act of 1979.--Section 17 of
the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended
by adding at the end thereof the following new subsection:
''(g) Computers and Related Equipment.--
''(1) General rule.--Subject to paragraphs (2), (3), and
(4), the Secretary shall have exclusive authority to control
exports of all computer hardware, software, and technology for
information security (including encryption), except that which
is specifically designed or modified for military use,
including command, control, and intelligence applications.
''(2) Items not requiring licenses.--No validated license
may be required, except pursuant to the Trading With The Enemy
Act or the International Emergency Economic Powers Act (but
only to the estent that the authority of such Act is not
exercised to extend controls imposed under this Act), for the
export or reexport of--
''(A) any software, including software with
encryption capabilities--
''(i) that is generally available, as is,
and is designed for installation by the
purchaser; or
''(ii) that is in the public domain for
which copyright or other protection is not
available under title 17, United States Code,
or that is available to the public because it
is generally accessible to the interested
public in any form; or
''(B) any computing device solely because it
incorporates or employs in any form software (including
software with encryption capabilities) exempted from
any requirement for a validated license under
subparagraph (A).
''(3) Software with encryption capabilities.--The Secretary
shall authorize the export or reexport of software with
encryption capabilities for nonmilitary end-uses in any country
to which exports of software of similar capability are
permitted for use by financial institutions not controlled in
fact by United States persons, unless there is substantial
evidence that such software will be--
''(A) diverted to a military end-use or an end-use
supporting international terrorism;
''(B) modified for military or terrorist end-use;
or
''(C) reexported without any authorization by the
United States that may be required under this Act.
''(4) Hardware with encryption capabilities.--The Secretary
shall authorize the export or reexport of computer hardware
with encryption capabilities if the Secretary determines that a
product offering comparable security is commercially available
outside the United States from a foreign supplier, without
effective restrictions.
''(5) Definitions.--As used in this subsection--
''(A) the term 'encryption' means the scrambling of
wire or electronic information using mathematical
formulas or algorithms in order to preserve the
confidentiality, integrity, or authenticity of, and
prevent unauthorized recipients from accessing or
altering, such information;
''(B) the term 'generally available' means, in the
case of software (including software with encryption
capabilities), software that is offered for sale,
license, or transfer to any person without restriction,
whether or not for consideration, including, but not
limited to, over-the-counter retail sales, mail order
transactions, phone order transactions, electronic
distribution, or sale on approval;
''(C) the term 'as is' means, in the case of
software (including software with encryption
capabilities), a software program that is not designed,
developed, or tailored by the software publisher for
specific purchasers, except that such purchasers may
supply certain installation parameters needed by the
software program to function properly with the
purchaser's system and may customize the software
program by choosing among options contained in the
software program;
''(D) the term 'is designed for installation by the
purchaser' means, in the case of software (including
software with encryption capabilities) that--
''(i) the software publisher intends for
the purchaser (including any licensee or
transferee), who may not be the actual program
user, to install the software program on a
computing device and has supplied the necessary
instructions to do so, except that the
publisher may also provide telephone help line
services for software installation, electronic
transmission, or basic operations; and
''(ii) the software program is designed for
installation by the purchaser without further
substantial support by the supplier;
''(E) the term 'computing device' means a device
which incorporates one or more microprocessor-based
central processing units that can accept, store,
process, or provide output of data; and
''(F) the term 'computer hardware', when used in
conjunction with information security, includes, but is
not limited to, computer systems, equipment,
application-specific assemblies, modules, and
integrated circuits.''.
(b) Continuation of Export Administration Act.--For purposes of
carrying out the amendment made by subsection (a), the Export
Administration Act of 1979 shall be deemed to be in effect.
[EX A]: Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act.
Allows any person within any State to sell in interstate commerce any encryption.
Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes.
Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense.
(Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use.
Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section.
Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Timber Management Improvement Act of
1993''.

SEC. 2. FINDINGS AND PURPOSES.

The Congress finds the following:
(1) Under the timber management policy of nondeclining even
flow, articulated in section 13(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974, the allowable sale
quantity for a national forest is a function of total timber
growth, which depends on available timberland area and the rate
of timber growth.
(2) Protecting the northern spotted owl and other factors
will lead to reductions in the Federal land available for
timber harvesting, leading to declines in harvests and to
undesirable declines in timber industry employment.
(3) Increases in timber management investments on Federal
and other lands not protected as spotted owl habitat could
offset some of the declines in allowable sale quantities
resulting from spotted owl protection.
(4) No separate studies of timber management investment
opportunities on Federal timberlands have been conducted for
more than a decade.
(5) The fund established by section 3 of the Act of June 9,
1930 (16 U.S.C. 576b; commonly referred to as the ''K-V
fund''), was originally established to assure adequate funding
for timber management investments for the national forests, but
since 1976, substantial and increasing portions of this fund
have been used for wildlife habitat improvement, watershed
improvement, and other nontimber resource projects.
(b) Purposes.--The purposes of this Act are to--
(1) identify and examine timber management investment
opportunities on Federal timberlands in the States of
California, Oregon, and Washington;
(2) expand financial assistance programs for timber
investments on non-Federal timberlands in the States of
California, Oregon, and Washington; and
(3) assure that amounts from the fund established by
section 3 of the Act of June 9, 1930, are available for timber
management investments on Federal timberlands, consistent with
the original intent of that Act.

SEC. 3. TIMBER MANAGEMENT INVESTMENT STUDY.

(a) Yields and Costs Report.--The Secretary of Agriculture, acting
through the Forest Service, and the Secretary of the Interior, acting
through the Bureau of Land Management, shall each prepare a report
displaying the yields and costs, both financial and environmental, of
timber management investment opportunities for lands under their
respective jurisdictions in the States of California, Oregon, and
Washington. Timber management investment opportunities considered shall
include--
(1) reforestation, including site preparation, direct
seeding, planting, and interplanting; and
(2) timber stand improvement, including release (manual,
chemical, and mechanical), fertilization, pruning,
precommercial thinning, and commercial thinning.
(b) Land and Forest Class.--The report prepared under subsection
(a) shall present the yield and cost information for each of the
following:
(1) Timber site productivity class.
(2) Current forest condition class, including old-growth,
second-growth, sawtimber, poletimber, saplings, seedlings, and
nonstock.
(3) Land suitability allocation for timber production under
the appropriate forest plan.
(c) Lands Classified As Unsuitable For Timber Production.--The
Secretary of Agriculture shall include in the report required by this
section--
(1) the reasons why lands in Forest Service Regions 5 and 6
are classified as not suitable for timber production pursuant
to the Forest and Rangeland Renewable Resources Planning of
1974, distinguishing among timber site productivity classes and
current forest conditions; and
(2) the specific identity of those lands deemed to be
unsuitable for timber production solely due to difficulties in
meeting the reforestation requirements of the Forest and
Rangeland Renewable Resources Planning Act of 1974, and a
description of those difficulties.
(d) Exchange and Consolidation of Lands.--In addition to other
matters required to be included in the study under this section, the
study shall address opportunities for land exchanges with private
landowners to consolidate Federal landholdings in the States of
California, Oregon, and Washington to enhance reforestation and timber
stand improvement.
(e) Advisory Boards.--In order to assure a comprehensive and
unbiased report on the costs and yields of timber management investment
opportunities, the Secretary of Agriculture on a forest-by-forest basis
in Forest Service Regions 5 and 6, and the Secretary of the Interior on
a district-by-district basis for the Bureau of Land Management
districts subject to this Act, shall establish and consult with
advisory boards before releasing a draft of the report required by
subsection (a) to the public. The advisory boards shall be comprised of
individuals who, in the appropriate Secretary's judgment, represent a
diversity of views. The appropriate Secretaries shall provide the
advisory boards with the opportunity to review and comment on the
practices and investments being examined under subsection (a) and on
the draft of the report before its release to the public. The Federal
Advisory Committee Act shall not apply to advisory boards established
under this subsection.
(f) Consultation With Private and Other Public Timberland Owners.--
(1) In preparing the report required under subsection (a), the
Secretary of Agriculture and the Secretary of the Interior shall
consult with private and other public timberland owners in the general
vicinity of the forest or district, as appropriate, to--
(A) identify possible timber management investments and
practices, and
(B) identify potential costs and yields of those
investments and practices.
(2) The report shall include information gathered under this
subsection in a manner which protects the proprietary nature of
corporate cost information and the cost and yield estimates of the
Secretaries.
(g) Date of Submission.--The report required by this section shall
be submitted to the Congress within 1 year after the date of enactment
of this Act.

SEC. 4. PRIVATE FOREST LANDS.

Section 4 of the Cooperative Forest Assistance Act of 1978 (16
U.S.C. 2103) is amended by adding at the end the following:
''(l) Of the amounts appropriated to carry out this section, not
less than $1,500,000 shall be made available for assistance under this
section in each of the States of California, Oregon, and Washington for
planning, reforestation, and timber stand improvement practices to
further second growth management of timber resources to offset the
expected decline in timber harvests from Federal lands as a result of
listing the northern spotted owl as a threatened species under the
Endangered Species Act of 1973. Such assistance shall be concentrated
in those counties containing Federal lands designated as habitat
conservation areas for the purposes of the protection and recovery of
the northern spotted owl.''.

SEC. 5. KNUTSON-VANDENBERG ACT.

(a) Reforestation of BLM Lands.--Section 3 of the Act of June 9,
1930 (16 U.S.C. 576b) is amended--
(1) by inserting ''(a)'' after ''Sec. 3.''; and
(2) by adding at the end the following:
''(b) Subsection (a) shall apply with respect to the lands
administered by the Secretary of the Interior through the Bureau of
Land Management in the same manner as such subsection applies with
respect to national forest lands.''.
(b) Reforestation Under the K-V Act.--Section 3(a) of the Act of
June 9, 1930 (16 U.S.C. 576b), as amended by subsection (a) of this
Act, is amended--
(1) by inserting ''or'' before ''(3)''; and
(2) by striking ''timber, or (4)'' and all that follows
through ''Provided,'' and inserting ''timber: Provided,''.
[EX A]:
Timber Management Improvement Act of 1993 - Directs the Secretaries of Agriculture and of the Interior, acting through the Forest Service and the Bureau of Land Management, respectively, to prepare a report displaying the yields and costs (financial and environmental) of timber management investment opportunities for Federal lands in the States of California, Oregon, and Washington. Requires both Secretaries to establish advisory boards to review and comment on the investments examined.
Amends the Cooperative Forest Assistance Act of 1978 to allocate appropriations for private forest lands in the States of California, Oregon, and Washington to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires financial assistance to be concentrated in those counties containing Federal lands designated as habitat conservation areas for the purposes of the protection and recovery of the northern spotted owl.
Amends specified Federal law (the Knutson-Vandenberg Act) to assure that amounts from the fund established by such Act are available for timber management investments on Federal lands consistent with the Act's original intent.