II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cyber Warrior Act of 

5 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The report of the Department of Defense 

9 Science Board Task Force on Resilient Military SysVerDate Mar 15 2010 22:15 Mar 29, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S658.IS S658

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1 tems and the Advanced Cyber Threat finds that 

2 ‘‘[i]t is not clear that high-end cyber practitioners 

3 can be found in sufficient numbers within typical 

4 recruitments pools’’. 

5 (2) The report recommends that ‘‘[t]he Depart6 ment must scale up its efforts to recruit, provided 

7 facilities and training, and use effectively these crit8 ical people’’. 

9 (3) The National Guard has the authority to 

10 operate on active duty under title 10, United States 

11 Code, and in National Guard status under title 32, 

12 United States Code. 

13 (4) The National Guard can leverage the exper14 tise of private sector information technology (IT) 

15 specialists and help retain the capability of retiring 

16 military personnel trained in cybersecurity matters. 

17 (5) The National Guard in its status under title 

18 32, United States Code, supports the Department of 

19 Homeland Security and the Governors of the States 

20 in responding to natural disasters. 

21 SEC. 3. ENHANCEMENT OF PREPARATION FOR AND RE22 SPONSE TO CYBER EMERGENCIES. 

23 (a) ESTABLISHMENT OF CYBER AND COMPUTER

24 NETWORK INCIDENT RESPONSE TEAMS.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall establish in each of the several States and the 

3 District of Columbia a separate team of members of 

4 the National Guard under section 12310(d) of title 

5 10, United States Code (as amended by subsection 

6 (b)), and section 510 of title 32, United States Code 

7 (as added by subsection (c)), to perform duties relat8 ing to analysis and protection in support of pro9 grams to prepare for and respond to emergencies in10 volving an attack or natural disaster impacting a 

11 computer, electronic, or cyber network. 

12 (2) DESIGNATION.—Each team established 

13 under paragraph (1) shall be known as a ‘‘Cyber 

14 and Computer Network Incident Response Team’’. 

15 (b) USE OF ACTIVE NATIONAL GUARD PER16 SONNEL.—Section 12310 of title 10, United States Code, 

17 is amended— 

18 (1) by redesignating subsection (d) as sub19 section (e); and 

20 (2) by inserting after subsection (c) the fol21 lowing new subsection (d): 

22 ‘‘(d) OPERATIONS RELATING TO PROTECTION OF

23 PUBLIC AND PRIVATE CYBER INFRASTRUCTURE.—(1) 

24 Notwithstanding subsection (b), a member of the National 

25 Guard on active duty as described in subsection (a), or 


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1 a member of the National Guard serving on full-time Na2 tional Guard duty under section 502(f) of title 32 in con3 nection with functions referred to in subsection (a), may 

4 perform duties relating to analysis and protection in sup5 port of programs to prepare for and respond to emer6 gencies involving an attack or natural disaster impacting 

7 a computer, electronic, or cyber network. 

8 ‘‘(2) The duties of members under this subsection 

9 may include duties to assist the combatant commands in 

10 developing and expanding their capacity relating to anal11 ysis and protection in support of programs to prepare for 

12 and respond to emergencies involving an attack or natural 

13 disaster impacting a computer, electronic, or cyber net14 work. 

15 ‘‘(3) The duties performed by members under this 

16 subsection may be performed for or in support of cyber 

17 and computer network incident response teams established 

18 pursuant to section 3(a) of the Cyber Warrior Act of 

19 2013. 

20 ‘‘(4) Notwithstanding section 502(f) of title 32, the 

21 costs of the pay, allowances, clothing, subsistence, gratu22 ities, travel, and related expenses for a member of the Na23 tional Guard performing duties under this subsection shall 

24 be paid from the appropriation that is available to pay 


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1 such costs for members of the regular component of the 

2 armed force of that member. 

3 ‘‘(5) Members of the National Guard on active duty 

4 who are performing duty described in this subsection shall 

5 be counted against the annual end strength authorizations 

6 required by section 115(a)(1) of this title. The justifica7 tion materials for the defense budget request for a fiscal 

8 year shall identify the number and component of members 

9 of the National Guard programmed to be performing du10 ties described in this subsection during that fiscal year. 

11 ‘‘(6) Members may not perform duties under this 

12 subsection unless the Secretary of Defense has certified 

13 to the Committee on Armed Services of the Senate and 

14 the Committee on Armed Services of the House of Rep15 resentatives that the members possess the requisite skills, 

16 training, and equipment to be proficient in all mission re17 quirements.’’. 

18 (c) USE OF NATIONAL GUARD PERSONNEL PER19 FORMING TRAINING OR DRILL.— 

20 (1) IN GENERAL.—Chapter 5 of title 32, United 

21 States Code, is amended by adding at the end the 

22 following new section: 


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1 ‘‘§ 510. Preparation for and response to cyber emer2 gencies 

3 ‘‘Under regulations prescribed by the Secretary of the 

4 Army or the Secretary of the Air Force, as the case may 

5 be, members of the National Guard performing training 

6 or drill required by this chapter may perform duties relat7 ing to analysis and protection in support of programs to 

8 prepare for and respond to emergencies involving an at9 tack or natural disaster impacting a computer, electronic, 

10 or cyber network, including in connection with cyber and 

11 computer network incident response teams established 

12 pursuant to section 3(a) of the Cyber Warrior Act of 

13 2013.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 5 of such title is 

16 amended by adding at the end the following new 

17 item: 

‘‘510. Preparation for and response to cyber emergencies.’’. 

18 (d) HOMELAND DEFENSE ACTIVITIES.— 

19 (1) IN GENERAL.—Chapter 9 of title 32, United 

20 States Code, is amended by inserting after section 

21 902 the following new section: 


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1 ‘‘§ 902a. Homeland defense activities: activities relat2 ing to preparation for and response to 

3 cyber emergencies 

4 ‘‘(a) IN GENERAL.—The homeland defense activities 

5 for which funds may be provided under this chapter shall 

6 include the following: 

7 ‘‘(1) The provision by units or members of the 

8 National Guard of education and training for State 

9 and local law enforcement and governmental per10 sonnel on analysis and protection to prepare for and 

11 respond to emergencies involving an attack or nat12 ural disaster impacting a computer, electronic, or 

13 cyber network. 

14 ‘‘(2) Upon the order of the Governor of the 

15 State, the performance by units or members of the 

16 National Guard of activities being undertaken by the 

17 State government and local governments in the 

18 State on analysis and protection to prepare for and 

19 respond to emergencies described in paragraph (1). 

20 ‘‘(b) MEMBERS AUTHORIZED TO PERFORM ACTIVI21 TIES.—The members of the National Guard who may per22 form activities authorized by this section are members on 

23 full-time National Guard duty under section 502(f) of this 

24 title. 

25 ‘‘(c) PERFORMANCE IN CONNECTION WITH CYBER

26 AND COMPUTER NETWORK INCIDENT RESPONSE


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1 TEAMS.—The activities performed by members under this 

2 section may be performed for or in support of cyber and 

3 computer network incident response teams established 

4 pursuant to section 3(a) of the Cyber Warrior Act of 

5 2013. 

6 ‘‘(d) INAPPLICABILITY OF CERTAIN REQUIREMENTS

7 AND LIMITATIONS.—The performance of activities under 

8 this section by members of the National Guard shall not 

9 be subject to the requirements and limitations in sub10 sections (b), (c), and (d) of section 904 of this title. 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘Governor’, in the case of the 

13 District of Columbia, means the commanding gen14 eral of the District of Columbia National Guard. 

15 ‘‘(2) The term ‘State’ means the several States, 

16 the District of Columbia, the Commonwealth of 

17 Puerto Rico, and the Territories of the United 

18 States.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 9 of such title is 

21 amended by inserting after the item relating to sec22 tion 902 the following new item: 

‘‘902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies.’’. 

23 (e) TRAINING ON CYBER DUTIES.— 


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1 (1) IN GENERAL.—The Secretary of the Army 

2 and the Secretary of the Air Force shall ensure that 

3 the training provided to members of the Army Na4 tional Guard and the Air National Guard, respec5 tively, on analysis and protection to prepare for and 

6 respond to emergencies involving an attack or nat7 ural disaster impacting a computer, electronic, or 

8 cyber network shall, to the extent practicable, be 

9 equivalent to the training provided members of the 

10 regular component of the Army and the Air Force 

11 on such matters. 

12 (2) REPORTS.—Not later than one year after 

13 the date of the enactment of this Act, and annually 

14 thereafter for four years, the Secretary of Defense 

15 shall submit to the Committee on Armed Services of 

16 the Senate and the Committee on Armed Services of 

17 the House of Representatives a report on the train18 ing provided to members of the Army National 

19 Guard and the Air National Guard pursuant to 

20 paragraph (1) on the matters described in that para21 graph. Each report shall include a description of the 

22 training currently provided to members of the Army 

23 National Guard and the Air National Guard on such 

24 matters, and such recommendations as the Secretary 

25 considers appropriate for improvements to such 


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1 training in order to better align such training for 

2 members of the Army National Guard and the Air 

3 National Guard, on the one hand, and members of 

4 the regular component of the Army and the Air 

5 Force, on the other. 

6 (f) ADDITIONAL REPORT.—Not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Defense shall submit to the Committee on Armed Serv9 ices of the Senate and the Committee on Armed Services 

10 of the House of Representatives a report setting forth the 

11 following: 

12 (1) A description and assessment of various 

13 mechanisms to recruit and retain members of the 

14 regular components and reserve components of the 

15 Armed Forces with expertise in computer network 

16 defense and operations, including modifications of 

17 the curricula for the Reserve Officers’ Training 

18 Corps programs, enhanced opportunities for individ19 uals to select their preferred Armed Force of acces20 sion, payment of recruitment and retention bonuses, 

21 the provision of educational scholarships and sti22 pends, and enhanced funding of training and certifi23 cation programs. 

24 (2) An assessment of the circumstances (includ25 ing short-term deployment, virtual deployment, or 


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1 both) under which members of the reserve compo2 nents with computer network defense duties can be 

3 managed without the geographic relocation of such 

4 members. 

5 (3) A description of the training requirements 

6 and physical demands, if any, for military occupa7 tional specialties relating to computer network de8 fense. 

Æ 


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