[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3929 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3929

  To authorize pilot programs on the remote provision by the National 
   Guard to State governments and National Guards in other States of 
   cybersecurity technical assistance in training, preparation, and 
          response to cyber incidents, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2020

  Mr. Peters introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To authorize pilot programs on the remote provision by the National 
   Guard to State governments and National Guards in other States of 
   cybersecurity technical assistance in training, preparation, and 
          response to cyber incidents, 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. PILOT PROGRAMS ON REMOTE PROVISION BY NATIONAL GUARD TO 
              STATE GOVERNMENTS AND NATIONAL GUARDS IN OTHER STATES OF 
              CYBERSECURITY TECHNICAL ASSISTANCE IN TRAINING, 
              PREPARATION, AND RESPONSE TO CYBER INCIDENTS.

    (a) Pilot Programs Authorized.--
            (1) In general.--The Secretary of the Army and the 
        Secretary of the Air Force may each conduct a pilot program to 
        assess the feasibility and advisability of the development of a 
        capability within the National Guard through which a National 
        Guard of a State remotely provides State governments and the 
        National Guard of other States (whether or not in the same 
        Armed Force as the providing National Guard) with cybersecurity 
        technical assistance in training, preparation, and response to 
        cyber incidents.
            (2) Construction in discharge.--If such Secretary elects to 
        conduct such a pilot program, such Secretary shall be known as 
        an ``administering Secretary'' for purposes of this section, 
        and any reference in this section to ``the pilot program'' 
        shall be treated as a reference to the pilot program conducted 
        by such Secretary.
            (3) Coordination and consultation.--Except as otherwise 
        provided in this section, if such Secretary elects to conduct 
        such a pilot program, such Secretary shall conduct all 
        components of the assessment in subsection (b) and all 
        components of the pilot program and reports in subsection (i) 
        jointly with the Secretary of Homeland Security and in 
        consultation with the Chief of the National Guard Bureau and 
        entities representing State governments (such as Governors and 
        chief information officers).
    (b) Assessment Prior to Commencement.--For purposes of evaluating 
existing platforms, technologies, and capabilities under subsection 
(c), and for establishing eligibility and participation requirements 
under subsection (d), for purposes of the pilot program, an 
administering Secretary shall, prior to commencing the pilot program--
            (1) conduct an assessment of--
                    (A) existing cyber capabilities available to 
                States;
                    (B) existing cyber response capacities of the Army 
                National Guard or Air National Guard, as applicable, in 
                each State;
                    (C) any existing platform, technology, or 
                capability of a National Guard that provides the 
                capability described in subsection (a); and
                    (D) any other available existing platform, 
                technology, or capabilities that may provide the 
                capability described in subsection (a); and
            (2) determine whether a platform, technology, or capability 
        described in paragraph (1)(C) or (1)(D) is suitable for 
        expansion for purposes of the pilot program.
    (c) Elements.--A pilot program under subsection (a) shall include 
the following:
            (1) A technical capability that enables the National Guard 
        of a State to remotely provide cybersecurity technical 
        assistance to State governments and the National Guard of other 
        States, without the need to deploy outside its home State. The 
        design and any development of such capability shall--
                    (A) occur in consultation with the Secretary of 
                Homeland Security; and
                    (B) enable, upon deployment and operation of the 
                capability, interoperability with other Federal and 
                non-Federal cyber response entities, including the 
                Department of Homeland Security.
            (2) Policies, processes, procedures, and authorities for 
        use of such a capability, including with respect to the 
        following:
                    (A) The roles, responsibilities, and authorities of 
                both requesting and deploying State governments, 
                National Guards, and the Department of Homeland 
                Security with respect to such remote technical 
                assistance, taking into account the matters specified 
                in subsection (f).
                    (B) Program management and governance structures 
                for deployment and maintenance of the capability.
                    (C) Security when performing remote support, 
                including such in matters such as authentication and 
                remote sensing.
                    (D) The efficient and effective use by Federal and 
                non-Federal entities of the interoperability 
                functionality of the capability, as required by 
                paragraph (1)(B).
            (3) The conduct, in consultation also with the Director of 
        the Federal Bureau of Investigation, other Federal agencies, 
        and appropriate non-Federal entities (in addition to the 
        entities referred to in subsection (a)(3)), of at least one 
        exercise to demonstrate the capability, which exercise shall 
        include the following:
                    (A) Participation of not fewer than two State 
                governments and their National Guards.
                    (B) Circumstances designed to test and validate the 
                policies, processes, procedures, and authorities 
                developed pursuant to paragraph (2) and the 
                interoperability functionality of the capability, as 
                required pursuant to paragraph (1)(B).
    (d) Use of Existing Technology.--An administering Secretary may use 
an existing platform, technology, or capability to provide the 
capability described in subsection (a) under the pilot program.
    (e) Eligibility and Participation Requirements.--An administering 
Secretary shall establish requirements with respect to eligibility and 
participation of State governments and their National Guards in the 
pilot program.
    (f) Construction With Certain Current Authorities.--
            (1) Command authorities.--Nothing in a pilot program under 
        subsection (a) may be construed as affecting or altering the 
        command authorities otherwise applicable to any unit of the 
        National Guard unit participating in the pilot program.
            (2) Emergency management assistance compact.--Nothing in a 
        pilot program may be construed as affecting or altering any 
        current agreement under the Emergency Management Assistance 
        Compact, or any other State agreements, or as determinative of 
        the future content of any such agreement.
    (g) Evaluation Metrics.--An administering Secretary shall establish 
metrics to evaluate the effectiveness of the pilot program.
    (h) Term.--A pilot program under subsection (a) shall terminate on 
the date that is three years after the date of the commencement of the 
pilot program.
    (i) Reports.--
            (1) Initial report.--Not later than 180 days after the date 
        of the commencement of the pilot program, the administering 
        Secretary, in coordination solely with the Secretary of 
        Homeland Security, shall submit to the appropriate committees 
        of Congress a report setting forth a description of the pilot 
        program and such other matters in connection with the pilot 
        program as the administering Secretary considers appropriate.
            (2) Final report.--Not later than 180 days after the 
        termination of the pilot program, the administering Secretary, 
        in coordination solely with the Secretary of Homeland Security, 
        shall submit to the appropriate committees of Congress a report 
        on the pilot program. The report shall include the following:
                    (A) A description of the pilot program, including 
                any partnerships entered into by the administering 
                Secretary under the pilot program.
                    (B) A summary of the assessment performed prior to 
                the commencement of the pilot program in accordance 
                with subsection (b).
                    (C) A summary of the evaluation metrics established 
                in accordance with subsection (g).
                    (D) An assessment of the effectiveness of the pilot 
                program, and of the capability described in subsection 
                (a) under the pilot program.
                    (E) An assessment of any obstacles, either in 
                statute or policies of the Department of Defense or the 
                Department of Homeland Security, that impacted the 
                effectiveness of the capability described in subsection 
                (a) under the pilot program.
                    (F) A description of costs associated with the 
                implementation and conduct of the pilot program.
                    (G) A recommendation as to the termination or 
                extension of the pilot program, or the making of the 
                pilot program permanent with an expansion nationwide.
                    (H) An estimate of the costs of making the pilot 
                program permanent and expanding it nationwide in 
                accordance with the recommendation in subparagraph (G).
                    (I) Appropriate proposals for updates to national 
                cyber response plans.
                    (J) Such recommendations for legislative or 
                administrative action as the administering Secretary 
                considers appropriate in light of the pilot program.
            (3) Joint exercise after action report.--Not later than 90 
        days after completion of the exercise described in subsection 
        (c)(3), the administering Secretary, in coordination solely 
        with the Secretary of Homeland Security and in consultation 
        solely with the Chief of the National Guard Bureau, shall 
        submit to the appropriate committees of Congress a joint 
        Department of Defense and Department of Homeland Security 
        after-action report on the exercise. The report shall include 
        the following:
                    (A) A description of the exercise scenario and 
                participating entities.
                    (B) A discussion of the effectiveness of the 
                exercise in evaluating the capability described in 
                subsection (a), including the policies, processes, 
                procedures, and authorities developed pursuant to 
                subsection (c)(2) and the interoperability 
                functionality of the capability, as required pursuant 
                to subsection (c)(1)(B).
                    (C) A discussion of the effectiveness of the 
                exercise in evaluating coordination between the 
                National Guards and the Department of Homeland Security 
                during incident response.
                    (D) A discussion of strengths and weaknesses of 
                interdepartment communication, coordination, and joint 
                support to the State government or National Guard unit 
                requesting assistance during the exercise.
                    (E) Such recommendations for legislative or 
                administrative action as the administering Secretary or 
                the Secretary of Homeland Security considers 
                appropriate in light of the exercise.
            (4) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Homeland Security of the House of 
                Representatives.
    (j) State Defined.--In this section, the term ``State'' means each 
of the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the United States Virgin Islands, 
and the Commonwealth of the Northern Mariana Islands.
    (k) Funding.--
            (1) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for fiscal year 2021 for the 
        Department of Defense for operation and maintenance, Defense-
        wide activities, $6,000,000, with the amount to be available 
        for administrative and service-wide activities for the Office 
        of the Secretary of Defense for the pilot programs authorized 
        by subsection (a).
            (2) Construction with other funding.--The amount authorized 
        to be appropriated and available pursuant to paragraph (1) is 
        in additional to any other amounts authorized to be 
        appropriated for fiscal year 2021 for the Department of 
        Defense.
    (l) Transfer of Funds Authorized.--The Secretary of Defense may 
transfer amounts available pursuant to subsection (k)(1) to the 
Department of Homeland Security for credit to appropriations available 
for the Cybersecurity and Infrastructure Security Agency of the 
Department of Homeland Security. Amounts so transferred shall be merged 
with and available for the same time period as the appropriation to 
which transferred, and shall be available to carry out this section.
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