Sec. 590. Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents
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/bill/116/s/4049/rs/section-590A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of the Army and the Secretary of the Air Force may each, in consultation with the Chief of the National Guard Bureau, 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 National Guards 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.
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. 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, in consultation with the Chief of the National Guard Bureau, shall, prior to commencing the pilot program— conduct an assessment of— existing cyber response capacities of the Army National Guard or Air National Guard, as applicable, in each State; and any existing platform, technology, or capability of a National Guard that provides the capability described in subsection (a); and determine whether a platform, technology, or capability described in paragraph (1)(B) is suitable for expansion for purposes of the pilot program.
A pilot program under subsection
(a)shall include the following: A technical capability that enables the National Guard of a State to remotely provide cybersecurity technical assistance to State governments and National Guards of other States, without the need to deploy outside its home State. Policies, processes, procedures, and authorities for use of such a capability, including with respect to the following: The roles and responsibilities of both requesting and deploying State governments and National Guards with respect to such technical assistance, taking into account the matters specified in subsection (f). Necessary updates to the Defense Cyber Incident Coordinating Procedure, or any other applicable Department of Defense instruction, for purposes of implementing the capability. Program management and governance structures for deployment and maintenance of the capability. Security when performing remote support, including such in matters such as authentication and remote sensing. The conduct, in coordination with the Chief of the National Guard Bureau and the Secretary of Homeland Security and in consultation with the Director of the Federal Bureau of Investigation, other Federal agencies, and appropriate non-Federal entities, of at least one exercise to demonstrate the capability, which exercise shall include the following: Participation of not fewer than two State governments and their National Guards. Circumstances designed to test and validate the policies, processes, procedures, and authorities developed pursuant to paragraph (2). An after action review of the exercise. An administering Secretary may use an existing platform, technology, or capability to provide the capability described in subsection
(a)under the pilot program. An administering Secretary shall, in consultation with the Chief of the National Guard Bureau, establish requirements with respect to eligibility and participation of State governments and their National Guards in the pilot program. 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. 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. An administering Secretary shall, in consultation with the Chief of the National Guard Bureau and the Secretary of Homeland Security, establish metrics to evaluate the effectiveness of the pilot program. 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. Not later than 180 days after the date of the commencement of the pilot program, the administering Secretary 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 Secretary considers appropriate. Not later than 180 days after the termination of the pilot program, the administering Secretary shall submit to the appropriate committees of Congress a report on the pilot program. The report shall include the following: A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the pilot program. A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (b). A summary of the evaluation metrics established in accordance with subsection (g). An assessment of the effectiveness of the pilot program, and of the capability described in subsection
(a)under the pilot program. A description of costs associated with the implementation and conduct of the pilot program. A recommendation as to the termination or extension of the pilot program, or the making of the pilot program permanent with an expansion nationwide. An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F). Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program. In this subsection, the term appropriate committees of Congress means— the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. 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.