II 117TH CONGRESS 1ST SESSION S. 1193 To establish a grant program at the Department of Homeland Security to promote cooperative research and development between the United States and Israel on cybersecurity. IN THE SENATE OF THE UNITED STATES APRIL 15, 2021 Ms. ROSEN (for herself, Ms. COLLINS, Mr. WHITEHOUSE, and Mr. YOUNG) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a grant program at the Department of Home- land Security to promote cooperative research and devel- opment between the United States and Israel on cyberse- curity. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘United States-Israel 4 Cybersecurity Cooperation Enhancement Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1193 IS (1) the term ‘‘cybersecurity research’’ means re- 1 search, including social science research, into ways 2 to identify, protect against, detect, respond to, and 3 recover from cybersecurity threats; 4 (2) the term ‘‘cybersecurity technology’’ means 5 technology intended to identify, protect against, de- 6 tect, respond to, and recover from cybersecurity 7 threats; 8 (3) the term ‘‘cybersecurity threat’’ has the 9 meaning given the term in section 102 of the Cyber- 10 security Information Sharing Act of 2015 (6 U.S.C. 11 1501); 12 (4) the term ‘‘Department’’ means the Depart- 13 ment of Homeland Security; and 14 (5) the term ‘‘Secretary’’ means the Secretary 15 of Homeland Security. 16 SEC. 3. UNITED STATES-ISRAEL CYBERSECURITY CO- 17 OPERATION. 18 (a) GRANT PROGRAM.— 19 (1) ESTABLISHMENT.—The Secretary, in ac- 20 cordance with the agreement entitled the ‘‘Agree- 21 ment between the Government of the United States 22 of America and the Government of the State of 23 Israel on Cooperation in Science and Technology for 24 Homeland Security Matters’’, dated May 29, 2008 25 VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1193 IS (or successor agreement), and the requirements 1 specified in paragraph (2), shall establish a grant 2 program at the Department to support— 3 (A) cybersecurity research and develop- 4 ment; and 5 (B) demonstration and commercialization 6 of cybersecurity technology. 7 (2) REQUIREMENTS.— 8 (A) APPLICABILITY.—Notwithstanding any 9 other provision of law, in carrying out a re- 10 search, development, demonstration, or com- 11 mercial application program or activity that is 12 authorized under this section, the Secretary 13 shall require cost sharing in accordance with 14 this paragraph. 15 (B) RESEARCH AND DEVELOPMENT.— 16 (i) IN GENERAL.—Except as provided 17 in clause (ii), the Secretary shall require 18 not less than 50 percent of the cost of a 19 research, development, demonstration, or 20 commercial application program or activity 21 described in subparagraph (A) to be pro- 22 vided by a non-Federal source. 23 (ii) REDUCTION.—The Secretary may 24 reduce or eliminate, on a case-by-case 25 VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1193 IS basis, the percentage requirement specified 1 in clause (i) if the Secretary determines 2 that such reduction or elimination is nec- 3 essary and appropriate. 4 (C) MERIT REVIEW.—In carrying out a re- 5 search, development, demonstration, or com- 6 mercial application program or activity that is 7 authorized under this section, awards shall be 8 made only after an impartial review of the sci- 9 entific and technical merit of the proposals for 10 such awards has been carried out by or for the 11 Department. 12 (D) REVIEW PROCESSES.—In carrying out 13 a review under subparagraph (C), the Secretary 14 may use merit review processes developed under 15 section 302(14) of the Homeland Security Act 16 of 2002 (6 U.S.C. 182(14)). 17 (3) ELIGIBLE APPLICANTS.—An applicant shall 18 be eligible to receive a grant under this subsection 19 if the project of such applicant— 20 (A) addresses a requirement in the area of 21 cybersecurity research or cybersecurity tech- 22 nology, as determined by the Secretary; and 23 (B) is a joint venture between— 24 VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1193 IS (i)(I) a for-profit business entity, aca- 1 demic institution, National Laboratory (as 2 such term is defined in section 2 of the 3 Energy Policy Act of 2005 (42 U.S.C. 4 15801)), or nonprofit entity in the United 5 States; and 6 (II) a for-profit business entity, aca- 7 demic institution, or nonprofit entity in 8 Israel; or 9 (ii)(I) the Federal Government; and 10 (II) the Government of Israel. 11 (4) APPLICATIONS.—To be eligible to receive a 12 grant under this subsection, an applicant shall sub- 13 mit to the Secretary an application for such grant 14 in accordance with procedures established by the 15 Secretary, in consultation with the advisory board 16 established under paragraph (5). 17 (5) ADVISORY BOARD.— 18 (A) ESTABLISHMENT.—The Secretary 19 shall establish an advisory board to— 20 (i) monitor the method by which 21 grants are awarded under this subsection; 22 and 23 VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1193 IS (ii) provide to the Secretary periodic 1 performance reviews of actions taken to 2 carry out this subsection. 3 (B) COMPOSITION.—The advisory board 4 established under subparagraph (A) shall be 5 composed of 3 members, to be appointed by the 6 Secretary, of whom— 7 (i) one shall be a representative of the 8 Federal Government; 9 (ii) one shall be selected from a list of 10 nominees provided by the United States- 11 Israel Binational Science Foundation; and 12 (iii) one shall be selected from a list 13 of nominees provided by the United States- 14 Israel Binational Industrial Research and 15 Development Foundation. 16 (6) CONTRIBUTED FUNDS.—Notwithstanding 17 any other provision of law, the Secretary may accept 18 or retain funds contributed by any person, govern- 19 ment entity, or organization for purposes of carrying 20 out this subsection. Such funds shall be available, 21 subject to appropriation, without fiscal year limita- 22 tion. 23 (7) REPORT.—Not later than 180 days after 24 the date of completion of a project for which a grant 25 VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1193 IS is provided under this subsection, the grant recipient 1 shall submit to the Secretary a report that con- 2 tains— 3 (A) a description of how the grant funds 4 were used by the recipient; and 5 (B) an evaluation of the level of success of 6 each project funded by the grant. 7 (8) CLASSIFICATION.—Grants shall be awarded 8 under this subsection only for projects that are con- 9 sidered to be unclassified by both the United States 10 and Israel. 11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to carry out this section not 13 less than $6,000,000 for each of fiscal years 2022 through 14 2026. 15 Æ VerDate Sep 11 2014 20:35 May 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1193.IS S1193 pamtmann on DSKBC07HB2PROD with BILLS