S.Amdt. 3935Senate117th Congress (2021-2023)2nd degree
S.Amdt. 3935
Sponsored by
Sen. Jacky Rosen (D-NV)
Submitted October 27, 2021
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Senate amendment submitted
October 27, 2021
Text
Submitted
SA 3935. Ms. ROSEN (for herself, Ms. Collins, Mr. Young, and Mr. Whitehouse) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 1064. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION ENHANCEMENT. (a) Short Title.--This section may be cited as the ``United States-Israel Cybersecurity Cooperation Enhancement Act of 2021''. (b) 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 the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501); (4) the term ``Department'' means the Department of Homeland Security; (5) the term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801); and (6) the term ``Secretary'' means the Secretary of Homeland Security. (c) 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 [[Page S7430]] 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 the 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 the 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-- (A) the project of the applicant-- (i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and (ii) is a joint venture between-- (I)(aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and (bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (II)(aa) the Federal Government; and (bb) the Government of Israel; and (B) neither the applicant nor the project of the applicant pose a counterintelligence threat, as determined by the Director of National Intelligence. (4) Applications.--To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for the 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 3 members, to be appointed by the Secretary, of whom-- (i) 1 shall be a representative of the Federal Government; (ii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) 1 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-- (A) the Secretary may accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection; and (B) the funds described in subparagraph (A) shall be available, subject to appropriation, without fiscal year limitation. (7) Reports.-- (A) Grant recipients.--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-- (i) a description of how the grant funds were used by the recipient; and (ii) an evaluation of the level of success of each project funded by the grant. (B) Secretary.--Not later than 1 year after the date of enactment of this Act, and annually thereafter until the grant program established under this section terminates, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the grants awarded and projects completed under the program. (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. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026. ______