[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1065 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1065

To provide grants to assist States in developing and implementing plans 
  to address cybersecurity threats or vulnerabilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2019

Mr. Warner (for himself and Mr. Gardner) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide grants to assist States in developing and implementing plans 
  to address cybersecurity threats or vulnerabilities, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Cyber Resiliency Act''.

SEC. 2. ESTABLISHMENT OF CYBER RESILIENCY GRANT PROGRAM.

    (a) Establishment.--There is established the State Cyber Resiliency 
Grant Program to assist State, local, and tribal governments in 
preventing, preparing for, protecting against, and responding to cyber 
threats, which shall be administered by the Administrator.
    (b) Eligibility.--Each State shall be eligible to apply for grants 
under the Program.
    (c) Grants Authorized for Each State.--Subject to the funds 
available under a funding allocation determined under subsection (f) 
for a State, the Secretary of Homeland Security may award to the 
State--
            (1) up to 2 planning grants under subsection (e) to develop 
        or revise a cyber resiliency plan; and
            (2) up to 2 implementation grants under subsection (f) to 
        implement an active cyber resiliency plan.
    (d) Approval of Cyber Resiliency Plans.--
            (1) In general.--The Secretary shall approve a cyber 
        resiliency plan submitted by a State if the Secretary 
        determines, after considering the recommendations of the Review 
        Committee established under subsection (i), that the plan meets 
        all of the following criteria:
                    (A) The plan incorporates, to the extent 
                practicable, any existing plans of such State to 
                protect against cybersecurity threats or 
                vulnerabilities.
                    (B) The plan is designed to achieve each of the 
                following objectives, with respect to the essential 
                functions of such State:
                            (i) Enhancing the preparation, response, 
                        and resiliency of computer networks, industrial 
                        control systems, and communications systems 
                        performing such functions against cybersecurity 
                        threats or vulnerabilities.
                            (ii) Implementing a process of continuous 
                        cybersecurity vulnerability assessments and 
                        threat mitigation practices to prevent the 
                        disruption of such functions by an incident 
                        within the State.
                            (iii) Ensuring that entities performing 
                        such functions within the State adopt generally 
                        recognized best practices and methodologies 
                        with respect to cybersecurity, such as the 
                        practices provided in the cybersecurity 
                        framework developed by the National Institute 
                        of Standards and Technology.
                            (iv) Mitigating talent gaps in the State 
                        government cybersecurity workforce, enhancing 
                        recruitment and retention efforts for such 
                        workforce, and bolstering the knowledge, 
                        skills, and abilities of State government 
                        personnel to protect against cybersecurity 
                        threats and vulnerabilities.
                            (v) Protecting public safety answering 
                        points and other emergency communications and 
                        data networks from cybersecurity threats or 
                        vulnerabilities.
                            (vi) Ensuring continuity of communications 
                        and data networks between entities performing 
                        such functions within the State, in the event 
                        of a catastrophic disruption of such 
                        communications or networks.
                            (vii) Accounting for and mitigating, to the 
                        greatest degree possible, cybersecurity threats 
                        or vulnerabilities related to critical 
                        infrastructure or key resources, the 
                        degradation of which may impact the performance 
                        of such functions within the State or threaten 
                        public safety.
                            (viii) Providing appropriate communications 
                        capabilities to ensure cybersecurity 
                        intelligence information-sharing and the 
                        command and coordination capabilities among 
                        entities performing such functions.
                            (ix) Developing and coordinating strategies 
                        with respect to cybersecurity threats or 
                        vulnerabilities in consultation with--
                                    (I) neighboring States or members 
                                of an information sharing and analysis 
                                organization; and
                                    (II) as applicable, neighboring 
                                countries.
            (2) Duration of approval.--
                    (A) Initial duration.--An approval under paragraph 
                (1) shall be initially effective for the 2-year period 
                beginning on the date of the determination described in 
                such paragraph.
                    (B) Annual extension.--The Secretary may annually 
                extend such approval for a 1-year period, if the 
                Secretary determines, after considering the 
                recommendations of the Review Committee, that the plan 
                continues to meet the criteria described in paragraph 
                (1) after the State makes such revisions as the 
                Secretary may determine to be necessary.
            (3) Essential functions.--For purposes of this subsection, 
        the term ``essential functions'' includes, with respect to a 
        State, those functions that enhance the cybersecurity posture 
        of the State, local and tribal governments of the State, and 
        the public services they provide.
    (e) Planning Grants.--
            (1) Initial planning grant.--The Secretary shall require, 
        as a condition of awarding an initial planning grant, that the 
        State seeking the grant--
                    (A) agrees to use the funds to develop a cyber 
                resiliency plan designed to meet the criteria described 
                in subsection (d)(1); and
                    (B) submits an application including such 
                information as the Secretary may determine to be 
                necessary.
            (2) Eligibility for initial planning grant.--A State shall 
        not be eligible to receive an initial planning grant after the 
        date on which the State first submits a cyber resiliency plan 
        to the Secretary for a determination under subsection (d)(1).
            (3) Additional planning grant.--The Secretary may award an 
        additional planning grant to a State if the State agrees to use 
        the funds to revise a cyber resiliency plan in order to receive 
        an extension in accordance with subsection (d)(2)(B), and 
        submits an application including such information as the 
        Secretary may determine to be necessary.
            (4) Limitations on number and timing of grants.--A State 
        shall not be eligible to receive--
                    (A) more than 2 planning grants under this 
                subsection; or
                    (B) an additional planning grant for the fiscal 
                year following the fiscal year for which it receives an 
                initial planning grant.
    (f) Implementation Grants.--
            (1) Application requirements.--The Secretary shall require, 
        as a condition of awarding a biennial implementation grant, 
        that the State seeking the grant submits an application 
        including the following:
                    (A) A proposal, including a description and 
                timeline, of the activities to be funded by the grant 
                as described by a cyber resiliency plan of the State 
                approved under subsection (d).
                    (B) A description of how each activity proposed to 
                be funded by the grant would achieve one or more of the 
                objectives described in subsection (d)(1)(B).
                    (C) A description, if applicable, of how any prior 
                biennial implementation grant awarded under this 
                section was spent, and to what extent the criteria 
                described in subsection (d)(1) were met.
                    (D) The share of any amounts awarded as a biennial 
                implementation grant proposed to be distributed to 
                local or tribal governments within such State.
                    (E) Such other information as the Secretary may 
                determine to be necessary in consultation with the 
                chief information officer, emergency managers, and 
                senior public safety officials of the State.
            (2) Approval of application.--The Secretary shall consider 
        the recommendations of the Review Committee in approving or 
        disapproving an application for a biennial implementation 
        grant.
            (3) Distribution to local and tribal governments.--
                    (A) In general.--Not later than 45 days after the 
                date that a biennial implementation grant is awarded, 
                not less than 50 percent of any share proposed under 
                paragraph (1)(D) shall be distributed to local or 
                tribal governments, in the same manner that amounts 
                awarded under section 2004 of the Homeland Security Act 
                of 2002 (6 U.S.C. 605) are distributed to such 
                governments, except that--
                            (i) no such distribution may be made to a 
                        federally recognized Indian tribe that is a 
                        State under subsection (k)(11)(B); and
                            (ii) in applying section 2004(c)(1) of such 
                        Act with respect to distributions under this 
                        subparagraph, ``100 percent'' shall be 
                        substituted for ``80 percent'' each place that 
                        term appears.
                    (B) Consultation.--In determining how an 
                implementation grant is distributed within a State, the 
                State shall consult with local and regional chief 
                information officer, emergency managers, and senior 
                public safety officials of the State.
            (4) Competitive award.--Except as provided in subsection 
        (h), biennial implementation grants shall be awarded--
                    (A) exclusively on a competitive basis; and
                    (B) based on the recommendations of the Review 
                Committee.
            (5) Limitation on number of grants.--The Secretary may 
        award to a State not more than 2 biennial implementation grants 
        under this section.
    (g) Use of Grant Funds.--
            (1) Limitations.--Any grant awarded under this section 
        shall supplement and not supplant State or local funds or, as 
        applicable, funds supplied by the Bureau of Indian Affairs, and 
        may not be used--
                    (A) to provide any Federal cost-sharing 
                contribution on behalf of a State; or
                    (B) for any recreational or social purpose.
            (2) Approved activities for implementation grants.--A State 
        or a government entity that receives funds through a biennial 
        implementation grant may use such funds for one or more of the 
        following activities, to the extent that such activities are 
        proposed under subsection (f)(1)(A):
                    (A) Supporting or enhancing information sharing and 
                analysis organizations.
                    (B) Implementing or coordinating systems and 
                services that use cyber threat indicators (as such term 
                is defined in section 102 of the Cybersecurity 
                Information Sharing Act of 2015 (6 U.S.C. 1501)) to 
                address cybersecurity threats or vulnerabilities.
                    (C) Supporting dedicated cybersecurity and 
                communications coordination planning, including the 
                coordination of--
                            (i) emergency management elements of such 
                        State;
                            (ii) National Guard units, as appropriate;
                            (iii) entities associated with critical 
                        infrastructure or key resources;
                            (iv) information sharing and analysis 
                        organizations;
                            (v) public safety answering points; or
                            (vi) nongovernmental organizations engaged 
                        in cybersecurity research as a formally 
                        designated information analysis and sharing 
                        organization.
                    (D) Establishing programs, such as scholarships or 
                apprenticeships, to provide financial assistance to 
                State residents who--
                            (i) pursue formal education, training, and 
                        industry-recognized certifications for careers 
                        in cybersecurity as identified by the National 
                        Initiative for Cybersecurity Education; and
                            (ii) commit to working for State government 
                        for a specified period of time.
    (h) Funding Allocations.--
            (1) In general.--From any amount appropriated for a fiscal 
        year that is not reserved for use by the Secretary in carrying 
        out this section, the Secretary shall allocate the entire 
        amount among the States (including the District of Columbia) 
        eligible for grants under this section taking into 
        consideration the factors specified in paragraph (2) and 
        consistent with the following:
                    (A) Allocations for the several states.--Of the 
                amount subject to allocation, a funding allocation for 
                any of such States shall be--
                            (i) not less than 0.001 percent, with 
                        respect to an initial planning grant, and not 
                        more than 0.001 percent, with respect to any 
                        additional planning grants; and
                            (ii) not less than 0.5 percent and not more 
                        than 3 percent, with respect to biennial 
                        implementation grants.
                    (B) Allocations for the territories and 
                possessions.--Of the amount subject to allocation, a 
                funding allocation for any of the territories and 
                possessions of the United States eligible for grants 
                under this section shall be--
                            (i) not less than 0.001 percent, with 
                        respect to an initial planning grant, and not 
                        more than 0.001 percent, with respect to any 
                        additional planning grant; and
                            (ii) not less than 0.1 percent and not more 
                        than 1 percent, with respect to biennial 
                        implementation grants.
            (2) Considerations for funding allocations.--In determining 
        a funding allocation under paragraph (1) for a State, the 
        Secretary shall consider each of the following factors:
                    (A) The considerations described in section 
                1809(h)(1) of the Homeland Security Act of 2002 (6 
                U.S.C. 579(h)(1)) with respect to the State, and the 
                degree of exposure of the State and protected 
                government entities within the State to threats, 
                vulnerabilities, or consequences resulting from 
                cybersecurity risks or incidents.
                    (B) The degree of exposure of the State and 
                protected government entities within the State to 
                threats, vulnerabilities, or consequences resulting 
                from cybersecurity risks or incidents.
                    (C) The effectiveness of, relative to evolving 
                cyber threats against, cybersecurity assets, secure 
                communications capabilities, and data network 
                protections, of the State and its partners.
                    (D) The extent to which the State is vulnerable to 
                cyber threats because it has not implemented best 
                practices such as the cybersecurity framework developed 
                by the National Institute of Standards and Technology.
                    (E) The extent to which a State government may face 
                low cybersecurity workforce supply and high 
                cybersecurity workforce demand, as identified by the 
                National Institute of Standards and Technology.
    (i) Review Committee for Cyber Resiliency Grants.--
            (1) Establishment.--There is established a committee to be 
        known as the ``Review Committee for Cyber Resiliency Grants'' 
        (in this section referred to as the ``Review Committee'').
            (2) Consideration of submissions.--The Secretary shall 
        forward a copy of each cyber resiliency plan submitted for 
        approval under subsection (d)(1), each application for an 
        additional planning grant submitted under subsection (e)(3), 
        and each application for a biennial implementation grant 
        submitted under subsection (d)(1) to the Review Committee for 
        consideration under this subsection.
            (3) Duties.--The Review Committee shall--
                    (A) promulgate guidance for the development of 
                applications for grants under this section;
                    (B) review any plan or application forwarded under 
                paragraph (2);
                    (C) provide to the State and to the Secretary the 
                recommendations of the Review Committee regarding the 
                approval or disapproval of such plan or application 
                and, if applicable, possible improvements to such plan 
                or application;
                    (D) provide to the Secretary an evaluation of any 
                progress made by a State in implementing an active 
                cyber resiliency plan using a prior biennial 
                implementation grant; and
                    (E) submit to Congress an annual report on the 
                progress made in implementing active cyber resiliency 
                plans.
            (4) Membership.--
                    (A) Number and appointment.--The Review Committee 
                shall be composed of 15 members appointed by the 
                Secretary as follows:
                            (i) At least 2 individuals recommended to 
                        the Secretary by the National Governors 
                        Association.
                            (ii) At least 1 individual recommended to 
                        the Secretary by the National Association of 
                        State Chief Information Officers.
                            (iii) At least 1 individual recommended to 
                        the Secretary by the National Guard Bureau.
                            (iv) At least 1 individual recommended to 
                        the Secretary by the National Association of 
                        Counties.
                            (v) At least 1 individual recommended to 
                        the Secretary by the National League of Cities.
                            (vi) Not more than 9 other individuals who 
                        have educational and professional experience 
                        related to cybersecurity analysis or policy.
                    (B) Terms.--Each member shall be appointed for a 
                term of 1 year. Any member appointed to fill a vacancy 
                occurring before the expiration of the term for which 
                the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office. A vacancy in the 
                Commission shall be filled in the manner in which the 
                original appointment was made.
                    (C) Pay.--Members shall serve without pay.
                    (D) Chairperson; vice chairperson.--The Secretary, 
                or a designee of the Secretary, shall serve as the 
                Chairperson of the Review Committee. The Administrator 
                of the Federal Emergency Management Agency, or a 
                designee of the Administrator, shall serve as the Vice 
                Chairperson of the Review Committee.
            (5) Staff and experts.--The Review Committee may--
                    (A) appoint additional personnel as it considers 
                appropriate, without regard to the provisions of title 
                5, United States Code, governing appointments in the 
                competitive service;
                    (B) fix the pay of such additional personnel, 
                without regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title relating to 
                classification and General Schedule pay rates; and
                    (C) procure temporary and intermittent services 
                under section 3109(b) of such title.
            (6) Detailees.--Upon request of the Review Committee, the 
        head of any Federal department or agency may detail, on a 
        reimbursable basis, any of the personnel of that department or 
        agency to the Commission to assist it in carrying out the 
        duties under this Act.
            (7) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Review 
        Committee.
            (8) Termination.--The authority of the Review Committee 
        shall terminate on the day after the end of the 5-fiscal-year 
        period described in subsection (j).
    (j) Funding.--There is authorized to be appropriated for grants 
under this section such sums as are necessary for fiscal years 2020 
through 2025.
    (k) Definitions.--In this section:
            (1) Active cyber resiliency plan.--The term ``active cyber 
        resiliency plan'' means a cyber resiliency plan for which an 
        approval is in effect in accordance with subsection (d)(2)(A) 
        or for which the Secretary extends such approval in accordance 
        with subsection (d)(2)(B).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (3) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given that term in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C. 101).
            (4) Cyber resiliency plan.--The term ``cyber resiliency 
        plan'' means, with respect to a State, a plan that addresses 
        the cybersecurity threats or vulnerabilities faced by the State 
        through a statewide plan and decisionmaking process to respond 
        to cybersecurity risks or incidents.
            (5) Cybersecurity risk.--The term ``cybersecurity risk'' 
        has the meaning given that term in section 2209 of the Homeland 
        Security Act of 2002 (6 U.S.C. 659).
            (6) Incident.--The term ``incident'' has the meaning given 
        that term in section 2209 of the Homeland Security Act of 2002 
        (6 U.S.C. 659).
            (7) Information sharing and analysis organization.--The 
        term ``information sharing and analysis organization'' has the 
        meaning given that term in section 2222 of the Homeland 
        Security Act of 2002 (6 U.S.C. 671).
            (8) Key resources.--The term ``key resources'' has the 
        meaning given that term in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101).
            (9) Program.--The term ``Program'' means the State Cyber 
        Resiliency Grant Program established by this section.
            (10) Public safety answering points.--The term ``public 
        safety answering points'' has the meaning given that term in 
        section 222(h) of the Communications Act of 1934 (47 U.S.C. 
        222(h)).
            (11) State.--The term ``State''--
                    (A) means each of the several States, the District 
                of Colombia, and the territories and possessions of the 
                United States; and
                    (B) includes any federally recognized Indian tribe 
                that notifies the Secretary, not later than 120 days 
                after the date of the enactment of this Act or not 
                later than 120 days before the start of any fiscal year 
                during the 5-fiscal-year period described in subsection 
                (j), that the tribe intends to develop a cyber 
                resiliency plan and agrees to forfeit any distribution 
                under subsection (f)(3).
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