[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 658 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 658
To amend titles 10 and 32, United States Code, to enhance capabilities
to prepare for and respond to cyber emergencies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2013
Mrs. Gillibrand (for herself, Mr. Vitter, Mr. Coons, Mr. Blunt, Ms.
Landrieu, Mr. Leahy, Mr. Warner, and Mrs. Murray) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend titles 10 and 32, United States Code, to enhance capabilities
to prepare for and respond to cyber emergencies, 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 ``Cyber Warrior Act of 2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The report of the Department of Defense Science Board
Task Force on Resilient Military Systems and the Advanced Cyber
Threat finds that ``[i]t is not clear that high-end cyber
practitioners can be found in sufficient numbers within typical
recruitments pools''.
(2) The report recommends that ``[t]he Department must
scale up its efforts to recruit, provided facilities and
training, and use effectively these critical people''.
(3) The National Guard has the authority to operate on
active duty under title 10, United States Code, and in National
Guard status under title 32, United States Code.
(4) The National Guard can leverage the expertise of
private sector information technology (IT) specialists and help
retain the capability of retiring military personnel trained in
cybersecurity matters.
(5) The National Guard in its status under title 32, United
States Code, supports the Department of Homeland Security and
the Governors of the States in responding to natural disasters.
SEC. 3. ENHANCEMENT OF PREPARATION FOR AND RESPONSE TO CYBER
EMERGENCIES.
(a) Establishment of Cyber and Computer Network Incident Response
Teams.--
(1) In general.--The Secretary of Defense shall establish
in each of the several States and the District of Columbia a
separate team of members of the National Guard under section
12310(d) of title 10, United States Code (as amended by
subsection (b)), and section 510 of title 32, United States
Code (as added by subsection (c)), to perform duties relating
to analysis and protection in support of programs to prepare
for and respond to emergencies involving an attack or natural
disaster impacting a computer, electronic, or cyber network.
(2) Designation.--Each team established under paragraph (1)
shall be known as a ``Cyber and Computer Network Incident
Response Team''.
(b) Use of Active National Guard Personnel.--Section 12310 of title
10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Operations Relating to Protection of Public and Private Cyber
Infrastructure.--(1) Notwithstanding subsection (b), a member of the
National Guard on active duty as described in subsection (a), or a
member of the National Guard serving on full-time National Guard duty
under section 502(f) of title 32 in connection with functions referred
to in subsection (a), may perform duties relating to analysis and
protection in support of programs to prepare for and respond to
emergencies involving an attack or natural disaster impacting a
computer, electronic, or cyber network.
``(2) The duties of members under this subsection may include
duties to assist the combatant commands in developing and expanding
their capacity relating to analysis and protection in support of
programs to prepare for and respond to emergencies involving an attack
or natural disaster impacting a computer, electronic, or cyber network.
``(3) The duties performed by members under this subsection may be
performed for or in support of cyber and computer network incident
response teams established pursuant to section 3(a) of the Cyber
Warrior Act of 2013.
``(4) Notwithstanding section 502(f) of title 32, the costs of the
pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for a member of the National Guard performing duties under
this subsection shall be paid from the appropriation that is available
to pay such costs for members of the regular component of the armed
force of that member.
``(5) Members of the National Guard on active duty who are
performing duty described in this subsection shall be counted against
the annual end strength authorizations required by section 115(a)(1) of
this title. The justification materials for the defense budget request
for a fiscal year shall identify the number and component of members of
the National Guard programmed to be performing duties described in this
subsection during that fiscal year.
``(6) Members may not perform duties under this subsection unless
the Secretary of Defense has certified to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives that the members possess the requisite skills,
training, and equipment to be proficient in all mission
requirements.''.
(c) Use of National Guard Personnel Performing Training or Drill.--
(1) In general.--Chapter 5 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 510. Preparation for and response to cyber emergencies
``Under regulations prescribed by the Secretary of the Army or the
Secretary of the Air Force, as the case may be, members of the National
Guard performing training or drill required by this chapter may perform
duties relating to analysis and protection in support of programs to
prepare for and respond to emergencies involving an attack or natural
disaster impacting a computer, electronic, or cyber network, including
in connection with cyber and computer network incident response teams
established pursuant to section 3(a) of the Cyber Warrior Act of
2013.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by adding at
the end the following new item:
``510. Preparation for and response to cyber emergencies.''.
(d) Homeland Defense Activities.--
(1) In general.--Chapter 9 of title 32, United States Code,
is amended by inserting after section 902 the following new
section:
``Sec. 902a. Homeland defense activities: activities relating to
preparation for and response to cyber emergencies
``(a) In General.--The homeland defense activities for which funds
may be provided under this chapter shall include the following:
``(1) The provision by units or members of the National
Guard of education and training for State and local law
enforcement and governmental personnel on analysis and
protection to prepare for and respond to emergencies involving
an attack or natural disaster impacting a computer, electronic,
or cyber network.
``(2) Upon the order of the Governor of the State, the
performance by units or members of the National Guard of
activities being undertaken by the State government and local
governments in the State on analysis and protection to prepare
for and respond to emergencies described in paragraph (1).
``(b) Members Authorized To Perform Activities.--The members of the
National Guard who may perform activities authorized by this section
are members on full-time National Guard duty under section 502(f) of
this title.
``(c) Performance in Connection With Cyber and Computer Network
Incident Response Teams.--The activities performed by members under
this section may be performed for or in support of cyber and computer
network incident response teams established pursuant to section 3(a) of
the Cyber Warrior Act of 2013.
``(d) Inapplicability of Certain Requirements and Limitations.--The
performance of activities under this section by members of the National
Guard shall not be subject to the requirements and limitations in
subsections (b), (c), and (d) of section 904 of this title.
``(e) Definitions.--In this section:
``(1) The term `Governor', in the case of the District of
Columbia, means the commanding general of the District of
Columbia National Guard.
``(2) The term `State' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, and the
Territories of the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by inserting
after the item relating to section 902 the following new item:
``902a. Homeland defense activities: activities relating to preparation
for and response to cyber emergencies.''.
(e) Training on Cyber Duties.--
(1) In general.--The Secretary of the Army and the
Secretary of the Air Force shall ensure that the training
provided to members of the Army National Guard and the Air
National Guard, respectively, on analysis and protection to
prepare for and respond to emergencies involving an attack or
natural disaster impacting a computer, electronic, or cyber
network shall, to the extent practicable, be equivalent to the
training provided members of the regular component of the Army
and the Air Force on such matters.
(2) Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for four years,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the training provided
to members of the Army National Guard and the Air National
Guard pursuant to paragraph (1) on the matters described in
that paragraph. Each report shall include a description of the
training currently provided to members of the Army National
Guard and the Air National Guard on such matters, and such
recommendations as the Secretary considers appropriate for
improvements to such training in order to better align such
training for members of the Army National Guard and the Air
National Guard, on the one hand, and members of the regular
component of the Army and the Air Force, on the other.
(f) Additional Report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report setting forth the
following:
(1) A description and assessment of various mechanisms to
recruit and retain members of the regular components and
reserve components of the Armed Forces with expertise in
computer network defense and operations, including
modifications of the curricula for the Reserve Officers'
Training Corps programs, enhanced opportunities for individuals
to select their preferred Armed Force of accession, payment of
recruitment and retention bonuses, the provision of educational
scholarships and stipends, and enhanced funding of training and
certification programs.
(2) An assessment of the circumstances (including short-
term deployment, virtual deployment, or both) under which
members of the reserve components with computer network defense
duties can be managed without the geographic relocation of such
members.
(3) A description of the training requirements and physical
demands, if any, for military occupational specialties relating
to computer network defense.
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