Sec. 1653. STUDY AND REPORT ON RESERVE COMPONENT CYBER CIVIL SUPPORT TEAMS

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## SEC. 1653 STUDY AND REPORT ON RESERVE COMPONENT CYBER CIVIL SUPPORT TEAMS ###

(a)Study Required The Secretaries concerned shall conduct a study on the feasibility and advisability of the establishment of reserve component cyber civil support teams for each State. ###

(b)Elements The study under subsection

(a)shall include the following: ####

(1)An examination of the potential ability of the teams referred to in such subsection to respond to an attack, natural disaster, or other large-scale incident affecting computer networks, electronics, or cyber capabilities, including an analysis of the following: #####

(A)The command structure and lines of authority for such teams. #####

(B)The operational capabilities of such teams. #####

(C)The legal authorities available to and constraints placed on such teams. #####

(D)The amount of funding and other resources that would be required by the Department of Defense to organize, train, and equip such teams. ####

(2)An analysis of the current use of reserve and active duty components in the Department of Defense and an explanation of how the establishment of such teams may affect the ability of the Department of Defense to— #####

(A)organize, train, equip, and employ the Cyber Mission Force, and other organic cyber forces; and #####

(B)perform the national defense missions and defense support to civil authorities for cyber incident response. ####

(3)An explanation of how the establishment of such teams may affect the ability of the Department of Homeland Security to— #####

(A)organize, train, equip, and employ cyber incident response teams; and #####

(B)perform civilian cyber response missions. ####

(4)An explanation as to how the establishment of such teams would fit into the current missions of the Department of Defense and the Department of Homeland Security. ####

(5)An analysis of current and projected State civilian and private sector cyber response capabilities and services, including an identification of any gaps in such capabilities and services, and including an analysis of the following: #####

(A)Whether such teams would be, on a risk- and cost-adjusted basis, of use for each State. #####

(B)How the establishment of such teams may impact Federal, State, and private sector resourcing for State civilian and private sector cyber response capabilities and services. ####

(6)An identification of the potential role of such teams with respect to the principles and processes set forth in— #####

(A)Presidential Policy Directive 20 (United States Cyber Operations Policy); #####

(B)Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience); and #####

(C)Presidential Policy Directive 41 (United States Cyber Incident Coordination). ####

(7)An explanation of how such teams may interact with other organizations and elements of the Federal Government that have responsibilities under the Presidential Policy Directives referred to in paragraph (6). ####

(8)Any effects on the privacy and civil liberties of United States persons that may result from the establishment of such teams. ####

(9)Any other considerations determined to be relevant by the Secretaries concerned. ###

(c)Report Required Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall submit to the appropriate congressional committees a report that includes— ####

(1)the results of the study conducted under subsection (a), including an explanation of each element described in subsection (b); and ####

(2)the final determination of the Secretaries with respect to the feasibility and advisability of establishing reserve component cyber civil support teams for each State. ###

(d)Definitions In this section: ####

(1)The term “appropriate congressional committees” means— #####

(A)the congressional defense committees; #####

(B)the Committee on Homeland Security of the House of Representatives; and #####

(C)the Committee on Homeland Security and Governmental Affairs of the Senate. ####

(2)The term “reserve component cyber civil support team” means a team that— #####

(A)is comprised of members of the reserve components; #####

(B)is organized, trained, equipped, and sustained by the Department of Defense for the purpose of assisting State authorities in preparing for and responding to cyber incidents, cyber emergencies, and cyber attacks; and #####

(C)operates principally under the command and control of the Chief Executive of the State in which the team is located. ####

(3)The term “Secretaries concerned” means the Secretary of Defense and the Secretary of Homeland Security acting jointly. ####

(4)The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.