[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2887 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2887

To amend title 10, United States Code, to provide for the establishment 
 and operation of reserve component cyber civil support teams, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2018

  Ms. Cantwell (for herself and Mr. Manchin) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for the establishment 
 and operation of reserve component cyber civil support teams, 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 ``Major General Tim Lowenberg National 
Guard Cyber Defenders Act''.

SEC. 2. ESTABLISHMENT AND OPERATION OF RESERVE COMPONENT CYBER CIVIL 
              SUPPORT TEAMS.

    (a) Establishment and Purpose.--Section 12310(c) of title 10, 
United States Code, is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
            ``(E) An attack or natural disaster impacting a computer, 
        electronic, or cyber network.''; and
            (2) in paragraph (3)--
                    (A) by striking ``A Reserve may perform duty 
                described in paragraph (1)'' and inserting ``(A) A 
                Reserve may perform duty described in subparagraphs (A) 
                through (D) of paragraph (1)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) A Reserve, including a Reserve assigned or attached to a 
reserve component cyber civil support team, may perform duty described 
in subparagraph (E) of paragraph (1).''.
    (b) Conforming Amendments.--Section 12310(c) of title 10, United 
States Code, is further amended--
            (1) in the subsection heading, by striking ``and Terrorist 
        Attacks'' and inserting ``, Terrorist Attacks, and Cyber 
        Attacks''; and
            (2) in paragraph (5), by striking ``weapons of mass 
        destruction civil support team'' and inserting ``civil support 
        team described in paragraph (3)''.

SEC. 3. PROMPT IMPLEMENTATION OF RESERVE COMPONENT CYBER CIVIL SUPPORT 
              TEAMS.

    (a) Five-Year Deadline for Teams.--Not later than September 30, 
2022, each State, the District of Columbia, Puerto Rico, Guam, and the 
Virgin Islands shall have an operational reserve component cyber civil 
support team composed of reserve component members of the Armed Forces 
assigned under section 12310 of title 10, United States Code.
    (b) Progress Report Requirement.--Not later than September 30, 
2018, the Chief of the National Guard Bureau shall submit to Congress a 
report--
            (1) identifying which States, and whether the District of 
        Columbia, Puerto Rico, Guam, and the Virgin Islands, have 
        satisfied the requirement imposed by subsection (a);
            (2) establishing a plan for meeting the deadline imposed by 
        subsection (a);
            (3) assessing the level of involvement and assistance of 
        the National Guard Bureau in the establishment and support of 
        reserve component cyber civil support teams; and
            (4) evaluating the need for increased levels of such 
        involvement and assistance.
    (c) Operational Elements.--To be considered operational, a reserve 
component cyber civil support team must be ready--
            (1) to perform duties relating to analysis and protection 
        in support of responding to emergencies involving an attack or 
        natural disaster impacting a computer, electronic, or cyber 
        network;
            (2) to advise and coordinate on any incident deemed 
        critical for the protection of life, property, and maintenance 
        of good order for the Governor;
            (3) to cooperate with and assist private sector owners and 
        operators of critical infrastructure and key resources;
            (4) to collaborate and participate in information sharing 
        with Federal, State, and local Fusion Centers, emergency 
        management authorities, and emergency management divisions; and
            (5) to maintain relationships and close coordination with--
                    (A) State-based employees of the Protective 
                Security Advisor Program Office of the Department of 
                Homeland Security;
                    (B) cybersecurity advisors of the Department of 
                Homeland Security (where assigned); and
                    (C) employees of the Office of Infrastructure 
                Protection of the Department of Homeland Security.
    (d) Oversight by National Guard Bureau.--To ensure standardization 
among reserve component cyber civil support teams, the National Guard 
Bureau Joint Staff shall provide program management and oversight as 
follows:
            (1) Members of a reserve component cyber civil support team 
        shall undergo initial training comprising a military 
        occupational specialty or Air Force Specialty Code initial 
        skills course approved by a branch of the Armed Forces.
            (2) The National Guard Bureau Joint Staff shall establish 
        specific curricula for teams, which shall--
                    (A) include best-of-breed commercially available 
                training and a National Guard-developed course focused 
                on domestic coordination, communication, and cyber 
                incident response skills; and
                    (B) be updated on a periodic basis based on the 
                evolving circumstances of cyber threats, the needs of 
                the public and private entities such teams support, and 
                the relationships between such teams and such entities.
    (e) Guidance to States.--The National Guard Bureau Joint Staff 
shall consult with the Council of Governors and other appropriate 
civilian authorities to establish guidance to States concerning 
situations that are appropriate for the involvement of a reserve 
component cyber civil support team.
    (f) Minimum Length of Service Requirement.--The National Guard 
Bureau Joint Staff may establish a minimum length of service for a 
member of a reserve component cyber civil support team.

SEC. 4. TREATMENT OF RECORDS.

    The requirements of section 552 of title 5, United States Code, 
shall apply to any reserve component cyber civil support teams composed 
of reserve component members of the Armed Forces assigned under section 
12310 of title 10, United States Code.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Defense 
$50,000,000 to implement this Act and the amendments made by this Act.
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