March 3, 2022

Katherine MacFarland

National Institute of Standards and Technology

U.S. Department of Commerce

100 Bureau Drive, Stop 2000

Gaithersburg, MD 20899

Dear Ms. MacFarland:

In response to the Request for Information, Evaluating and Improving NIST Cybersecurity 

Resources: The Cybersecurity Framework and Cybersecurity Supply Chain Risk Management (87 

FR 9579), attached please find newly updated Western Governors’ Association (WGA) Policy 

Resolutions 2022-05, Cybersecurity, and 2022-01, Energy in the West. 

The cybersecurity resolution recognizes the importance of the National Institute for Standards and 

Technology (NIST) and its role in facilitating effective, consistent, and risk-based decisionmaking in 

government and industry. Western Governors urge government and industry to run real-world 

simulations of attacks on critical infrastructure to prepare for potential threats. In the energy 

resolution, Western Governors advocate for securing the United States’ energy supply and systems

and safeguarding those systems against cybersecurity risks.

As NIST takes action to improve its cybersecurity resources, Western Governors encourage your 

consideration of the priorities and recommendations highlighted in these resolutions. Thank you 

for your attention to this matter, and please do not hesitate to contact us if we may be of assistance 

as you contemplate how to strengthen our nation’s cybersecurity. In the meantime, with warm 

regards and best wishes, I am 

Respectfully, 

James D. Ogsbury 

Executive Director

Attachments
Western Governors’ Association Page 1 of 5 Policy Resolution 2022-05

Policy Resolution 2022-05

Cybersecurity

A. BACKGROUND

1. In the age of automation, digitization, big data, artificial intelligence, and machine-tomachine learning, the United States’ capabilities to prevent, detect and respond to 

cyberattacks are of ever-growing importance to our society. The cybersecurity of our 

nation is an all-of-government and industry-wide endeavor.

2. Aging information technology (IT) infrastructure and systems pose serious cybersecurity

risks and increase vulnerabilities for government and organizations. Due to the 

longstanding financial and national security implications of prior cybersecurity breaches 

resulting in data theft and other adverse outcomes, modernizing these systems to help

prevent successful cyberattacks and better safeguard our data is imperative.

3. The COVID-19 pandemic has transformed society and accelerated the shift to a virtual 

environment, further increasing vulnerabilities across systems as threat actors become

more complex and widespread. Ransomware attacks, a type of malicious software attack 

that threatens to publish sensitive information or impedes access to data or computer 

systems until the victim pays a ransom to the attacker, have grown by 148 percent due to 

the rise in remote activities. These attacks can shut down public and private sector 

operations, posing particular challenges to critical infrastructure functions.

4. Cybersecurity is especially imperative for critical infrastructure, which includes the nation’s

electric grid, energy resource supply and delivery chains, finance, communications, election 

systems, the chemical industry, commercial facilities, critical manufacturing, defense 

industrial base, emergency services, food and agriculture, government facilities, health care 

and public health, information technology, transportation, and water and wastewater 

systems. Large-scale cyber incidents, including the SolarWinds and Colonial Pipeline 

attacks, demonstrate the risk cybercrime now presents to national security.

5. Addressing cybersecurity needs across critical infrastructure sectors is further complicated 

by the increasing interdependency and interconnectedness of our nation’s data systems to a

myriad of non-critical infrastructure systems and a dynamic threat environment. Effective 

cybersecurity programs require strategic and functional relationships and information

sharing between federal, state and local levels of government, and the public and private 

sectors.

6. The cybersecurity of their states and the nation is a high priority of Western Governors. 

State governments are responsible for securing public networks, the state’s digital assets,

and citizen data, as well as coordinating their cybersecurity efforts with federal agencies 

and potentially-affected private entities (e.g., utilities, financial institutions, transportation, 

and health). Governors lead efforts to plan and implement state cybersecurity programs, 

respond to cyberattacks, and investigate intrusions.
Western Governors’ Association Page 2 of 5 Policy Resolution 2022-05

7. National Guard cyber protection teams, serving in 59 cyber units, provide invaluable 

assistance to states across the country with threat assessment and cyber incident response 

and remediation. Currently, states can mobilize Guard members through State Active Duty 

(SAD) and Title 32 of the U.S. Code. Supported by state funds, Governors can activate SAD 

for disasters or homeland defense, although state constitutions or statutes often constrain 

deployment of the Guard to state emergencies. Title 32 gives Governors the authority to 

order the Guard to duty, using federal funds, with the approval of the President or the 

Secretary of Defense. However, this process can create barriers to rapid and nimble action

in the face of cyberattacks. While both of these functions are vital resources, potential exists 

to further leverage the capabilities of the National Guard for the cybersecurity posture of 

states.

8. Although state and local governments remain significant targets for cyberattacks, they often 

lack adequate funding to address these issues and modernize their systems. According to a 

study by Deloitte and the National Association of State Chief Information Officers, state 

cybersecurity budgets comprise less than 3 percent of their overall IT budgets. 

9. Prior to the passage of Public Law 117-58, the Infrastructure Investment and Jobs Act, the

Homeland Security Grant Program was the primary federal mechanism to provide 

cybersecurity funding to state, local, territorial, and Tribal governments. Over the years, 

less than 4 percent of that funding was allocated to cybersecurity. Such low levels of 

funding have been insufficient for states to meet their pressing, and rapidly growing, 

cybersecurity needs. The Infrastructure Investment and Jobs Act sought to address this

issue by establishing a much-needed standalone cybersecurity grant program for state and 

local governments, marking a huge increase in federal support for state and local 

cybersecurity efforts. 

10. The $1 billion program will be administered by the Federal Emergency Management Agency 

(FEMA) for four years, with the Cybersecurity and Infrastructure Security Agency (CISA) 

serving in an advisory role. Funding will be distributed to states, tribes, and territories, who 

must allocate about 80 percent to their localities. States must also meet varying match 

requirements to share the financial burden and account for cybersecurity costs in their 

budgets.

11. State election systems remain targets of foreign interference. As Governors, we remain 

committed to protecting our states’ election systems. There is nothing more fundamental to 

the enduring success of our American democracy, and we take seriously our responsibility 

to protect the integrity and security of our elections. This is an imminent national security 

threat that transcends party lines. This is a matter of protecting and preserving fair 

elections – the underpinning of our democracy.

12. The Office of Management and Budget and Department of Homeland Security May 2018 

Federal Cybersecurity Risk Determination Report and Action Plan concluded that 71 of 96 

federal agencies are at risk or high risk of cyber intrusions. It also determined that federal 

agencies are not equipped to determine how threat actors seek to gain access to their 

information. This deficiency results in ineffective allocations of the agencies’ limited cyber 

resources.
Western Governors’ Association Page 3 of 5 Policy Resolution 2022-05

13. Currently, there is a severe deficit of cyber workers, especially in government. Our nation 

cannot defend itself without a well-trained, experienced cyber workforce. The public sector 

must dedicate resources to “K through gray” cybersecurity education, training, work-based 

learning and apprenticeships, and recruitment programs and encourage the private sector 

to do the same through effective policy.

14. While investments in workforce development and human capital are a key component in 

addressing workforce shortages, states can leverage other tools to meet the scale of these 

challenges. Technology and innovation will be needed to alleviate workforce strains and 

keep pace with a wide range of attacks while also reducing burdens associated with 

operational functions. 

B. GOVERNORS’ POLICY STATEMENT

1. Western Governors urge Congress to improve coordination of congressional oversight and 

legislative activity on cybersecurity, including by reducing the number of committees in 

Congress that have jurisdiction over this issue.

2. Western Governors support modernizing our systems to be more resilient to minimize

vulnerabilities and protect against unauthorized access to information and data theft. We 

request that FEMA and CISA work collaboratively with Governors in executing the newly 

created state and local cybersecurity grant program to ensure the funds are administered in 

a flexible and measurable manner to all states, Tribes, and territories. Designated, 

flexible, and measurable cybersecurity funding would help ensure that states, Tribes, and 

territories have resources to build resilient systems and meet growing cybersecurity 

challenges. 

3. The federal government has a responsibility to provide adequate funding for states to meet 

election security needs. Western Governors encourage Congress and the Administration to 

work cooperatively with states in developing election security legislation and mandates, 

and to fully fund implementation.

4. Federal agencies must engage in early, meaningful, substantive, and ongoing consultation 

with Governors or their designees on all aspects of cybersecurity. Western Governors 

advise the federal government to clearly define the roles for state representatives in CISA’s

recently established Joint Cyber Defense Collaborative.

5. Western Governors recommend that the federal government continue the DHS State, Local, 

Tribal, and Territorial Engagement Program, which provides cybersecurity risk briefings 

and resources to Governors and other officials. The Governors also support CISA Central,

with which state chief information officers regularly interact.

6. The federal government must continue to clarify the roles and responsibilities of federal 

agencies in preventing, preparing for, and responding to cyberattacks. Centralized 

authority, points of contact, and formalized communication pathways are necessary to 

address increasingly complex threats. In addition, these pathways must occur at each level 

within government and other organizations. 

7. The federal government must also improve agency coordination to use often-constrained 

security resources more efficiently and harmonize disparate regulations that put an 
Western Governors’ Association Page 4 of 5 Policy Resolution 2022-05

unnecessary burden on state governments. Western Governors urge Congress to provide 

appropriations for the Office of the National Cyber Director commensurate with the 

importance of the office’s position in leading federal coordination efforts. 

8. The National Institute for Standards and Technology (NIST) Cybersecurity Framework and 

other standards can facilitate effective, consistent, and risk-based decision making in 

government and industry. Real-world simulations of attacks on critical infrastructure are 

essential to prepare our nation for potential threats.

9. The federal government should build a stronger international framework for cybercrime 

and use the full range of economic tools, including travel and financial sanctions, to deter 

cyberattacks organized, supported, or harbored by nation-states.

10. Western Governors recognize the need for states, Tribes, and territories to work together to 

address gaps or vulnerabilities in these systems to reduce disruptions. The public sector, 

particularly the federal government, must take steps to mitigate global supply chain and 

national critical infrastructure risks (e.g. ransomware) in collaboration with the private 

sector.

11. Western Governors implore Congress and the Administration to reduce bureaucratic 

burdens and change restrictive guidance related to deploying the National Guard under USC 

Title 32 for cybersecurity prevention, detection, and response activities. Clarifying the use 

of the National Guard for these purposes and streamlining the approval process would

improve state capacity to confront cyberattacks, contain threats, and help protect

neighboring jurisdictions. Western Governors also support efforts to develop civilian 

cybersecurity reserves, which help alleviate workforce shortages and augment National 

Guard forces.

12. The Administration should propose, and Congress should provide, long-term authorization 

and sufficient appropriations for high-quality cybersecurity education and workforce 

development programs to grow and sustain the cybersecurity workforce, including those 

that target underrepresented populations, those that include rotational components to 

retain personnel, and work-based learning opportunities such as apprenticeships. The 

federal government should also expand the CyberCorps: Scholarship for Service program 

and continue to support educational initiatives, such as NIST’s Initiative for Cybersecurity 

Education and National Centers of Academic Excellence in Cyber Defense.

13. Government and industry should increase the cybersecurity awareness of government and 

private employees through training and education. Western Governors encourage the 

federal government to develop a national cybersecurity literacy and awareness campaign to

educate citizens about how to stay safe online and prevent effective cyberattacks.

14. Western Governors support incentives for the creation of and participation in programs 

that encourage information sharing across all levels government, industry verticals, and 

regions. We also support other policies that incentivize the private sector to improve 

cybersecurity and share information regarding cyber threats as early as possible, including 

policies to improve access to information or create common standards for informationsharing. The federal government should emphasize the benefits of information sharing, 

while alleviating private sector concerns with this essential communication. The federal 
Western Governors’ Association Page 5 of 5 Policy Resolution 2022-05

government and states should continue to investigate liability protections, such as safe 

harbor provisions, for entities that report cyber intrusions.

15. Our nation requires innovation in detecting, preventing, and responding to continually 

evolving cyber threats. More research is required to understand the use of blockchain and 

encryption by perpetrators and its utility for defense against cyber threats, and address 

vulnerabilities of other emerging technologies, including connected vehicles and Internet of 

Things devices. The federal government should provide funding and technical assistance 

for these and other types of cybersecurity research and development.

C. GOVERNORS’ MANAGEMENT DIRECTIVE

1. The Governors direct WGA staff to work with congressional committees of jurisdiction, the 

Executive Branch, and other entities, where appropriate, to achieve the objectives of this 

resolution.

2. Furthermore, the Governors direct WGA staff to consult with the Staff Advisory Council 

regarding its efforts to realize the objectives of this resolution and to keep the Governors 

apprised of its progress in this regard.

This resolution will expire in December 2024. Western Governors enact new policy resolutions and 

amend existing resolutions on a semiannual basis. Please consult http://www.westgov.org/resolutions

for the most current copy of a resolution and a list of all current WGA policy resolutions.
Western Governors’ Association 1 of 6 Policy Resolution 2022-01

Policy Resolution 2022-01

Energy in the West

A. BACKGROUND

1. Energy policy and the development of sustainable energy resources are major priorities for 

every Western Governor. 

2. Western Governors recognize that approaches to energy use and development vary among 

our states and territories. However, the Governors remain committed to the development 

of policies and utilization of state energy endowments that result in sustainable practices 

that can benefit citizens, the region, the nation, and the world. 

3. Electricity generation and delivery systems are undergoing rapid, significant change across 

the West. The increasing integration of renewable energy and distributed energy resources, 

electrification of vehicles and buildings, and retirement of traditional energy generating 

assets are all contributing to fundamental shifts in the electric sector. Several western 

states have accelerated these developments by enacting legislation to create targets or 

deadlines to further support renewable energy. 

4. In addition, some energy systems face heightened threats from digital and physical sources, 

including wildfires, severe storms, heat waves, droughts, and other extreme weather events. 

Ensuring the reliability of energy generation and delivery systems despite these threats is a 

priority of every Western Governor.

5. Western states and communities are served by a diverse mix of electricity providers. 

Investor-owned utilities, public power utilities, and rural electric cooperatives all serve an 

invaluable role in delivering reliable, affordable power across the West. These electricity 

providers are characterized by differences in federal and state oversight, governance 

structures, capital assets, and geographic service territories.

6. The presence of federal lands affects energy projects and infrastructure deployment across 

the West. Planning, permitting, and siting energy generating assets and transmission and 

pipeline infrastructure can require close coordination between states, private developers, 

utilities, and one or more federal agencies. Western Governors are committed to working 

with federal agencies to create an effective state-federal partnership in energy 

development, land management, and environmental protection.

7. Western energy production is indispensable to meeting national energy demands. Because 

of this, the West is in a strong position to lead the development of energy systems that make 

the best use of land and resources and balance technical, economic, environmental and 

cultural considerations. The West provides a diverse range of energy resources: 

a. Western states have the vast majority of high-yield geothermal energy capacity in the 

United States.
Western Governors’ Association 2 of 6 Policy Resolution 2022-01

b. Western states supply the majority of non-federal United States petroleum.

c. Western states are at the forefront of unconventional natural gas production and 

produce the majority of the nation’s natural gas. Natural gas currently accounts for 

approximately 40 percent of the nation’s electricity generation mix. 

d. The West produces the largest output of hydropower in the nation.

e. Western states have the largest contiguous areas of land-based wind power resources in 

the nation and have over two-thirds of the nation’s installed capacity. In addition, the 

Pacific Ocean offers some of the best offshore wind resources in U.S. waters. 

f. The West has some of the highest-identified solar energy resource areas in the country 

and the majority of installed solar capacity.

g. Western states produce the largest portion of coal in the United States.

h. The West has the largest contiguous areas of high-yield biomass energy resource 

potential in the nation.

i. Western states are uniquely situated to produce low carbon intensity, clean hydrogen to 

facilitate greater economic development and decarbonization efforts. 

j. Western states have conventional nuclear power generation facilities, produce all 

domestic uranium, and are at the forefront of advanced nuclear reactor technology 

development.

8. Western states are also leading the way in the development and deployment of innovative 

energy storage technologies. Utilities across the West have installed a range of battery 

technologies to improve grid function, flexibility, and resilience. 

9. Western states and Pacific territories have the resources to drive job creation and economic 

development through broad growth in the energy industry.

10. The Merchant Marine Act of 1920 has prevented certain noncontiguous states and

territories from being supplied with domestically produced energy commodities.

B. GOVERNORS’ POLICY STATEMENT

Governors’ Energy Priorities

1. Western Governors recognize the following as energy policy priorities for the West:

a. Secure the United States’ energy supply and systems, and safeguard against risks to 

cybersecurity and physical security.

b. Ensure energy is clean, affordable, equitable, and reliable by providing a balanced 

portfolio of resources.
Western Governors’ Association 3 of 6 Policy Resolution 2022-01

c. Increase energy efficiency associated with electricity, natural gas, and other energy 

sources and uses to enhance energy affordability and to effectively meet environmental 

goals.

d. Advance efficient environmental review, siting, and permitting processes that facilitate

clean energy development and the improvement and construction of necessary energy 

infrastructure, while ensuring environmental and natural resource protection.

e. Improve the United States’ electric grid’s reliability and resiliency.

f. Protect western wildlife, natural resources, and the environment, including clean air 

and clean water, and reduce greenhouse gas emissions.

g. Make the West a leader in energy education, technology development, research, and 

innovation.

h. Utilize an all-of-the-above approach to energy development and use in the West, while 

protecting the environment, wildlife, and natural resources, and reducing emissions.

Grid Modernization and Resilience 

2. A robust, resilient, and well-maintained energy delivery system is vital to the economy and 

quality of life in the West. Grid infrastructure in the West faces potential disruptions due to 

natural disasters, particularly wildfires, as well as growing cyber threat landscape. 

Increased grid threats due to wildfires and extreme weather events highlight the need to 

use and develop energy systems that are both reliable and combat climate change. 

Upgrades to transmission and distribution infrastructure, including information technology 

systems, are needed to properly address these risk factors, as well as anticipated increased 

electricity demand. Coordination between electricity providers and states in energy 

markets can lead to cost-effective energy for ratepayers and leverage regional resources.

3. Transmission infrastructure in western states often crosses one or multiple federal lands 

jurisdictions. In these situations, close coordination between states, utilities, and federal 

agencies is needed to ensure that projects are planned, permitted, and sited in a timely, 

efficient manner. Western Governors encourage federal agencies to streamline projectpermitting reviews to minimize timelines without compromising environmental and 

natural resource protection or states’ roles in those processes.

4. Western Governors encourage Congress to provide federal agencies, particularly the Bureau 

of Land Management (BLM), the Environmental Protection Agency, the Department of 

Energy (DOE), the Federal Energy Regulatory Commission, U.S. Forest Service (USFS), 

Bureau of Ocean Energy Management, and U.S. Fish and Wildlife Service with additional 

support to enhance staff and resource capacity to conduct environmental review and 

permitting activities associated with transmission infrastructure. 

5. Western Governors recommend federal agencies leverage designated West-wide Energy 

Corridors to support the effective and efficient permitting and siting of energy 

infrastructure assets. Where applicable, Western Governors encourage the BLM and USFS 

to integrate designated corridor specifications into local land use plans. 
Western Governors’ Association 4 of 6 Policy Resolution 2022-01

6. Western Governors believe clear, coordinated and consistent wildfire mitigation strategies 

including application of federal vegetation management practices is integral to maintaining 

the health of western forests, preventing dangerous and damaging wildfires, and 

maintaining grid reliability. The Governors support effective and efficient crossjurisdictional coordination that enables vegetation management for federal transmission 

rights-of-way.

Innovation and Technology 

7. Western Governors encourage innovation and application of energy storage, including 

battery, hydrogen, pumped hydropower, and compressed air technologies, where costeffective.

8. The U.S. has the opportunity to continue global leadership in carbon capture and storage 

(CCUS) research and technology development, while further deploying CCUS technologies, 

where cost-effective, that provide financial benefits to our nation’s entire value chain.

9. The President and Congress should consider federal incentives to expand cost-effective 

deployment of carbon dioxide (CO2) capture at power plants and other industrial sources.

10. Federal policies aimed to limit CO2 emissions should promote, and not impede, 

development and deployment of CO2 capture and commoditization. Federal regulations 

should allow states to create programs tailored to individual state needs, industries and 

economies and consider permanent CO2 storage that results from enhanced oil recovery in 

meeting federal regulatory objectives. 

11. Western Governors are committed to considering advanced and small modular reactors as 

an energy resource.

12. Western Governors are committed to developing regional hydrogen hubs to spur economic 

development and add more clean energy sources to the region’s resource mix. 

13. The developing floating offshore wind industry presents a strong economic and sustainable 

energy generation opportunity for the West. Western states can work collectively, and in 

consultation with Tribal governments and in coordination with stakeholders, to address 

workforce, economic, infrastructure, social, environmental, and manufacturing challenges 

associated with offshore wind planning, siting, and deployment.

14. Western Governors commend efforts by the United States Geological Survey and state 

geological surveys to identify potential, critical minerals deposits for alternative energy 

technologies and other consumer products vital to modern society.

15. Governors also support development of emerging tools and technologies that address 

barriers to mineral supply chain reliability, including technologies that help recycle or reuse 

existing critical mineral resources for use in electric vehicles and other clean energy 

technologies.

16. Western Governors are committed to leveraging the vast expertise in the West’s industry, 

academic institutions, and national laboratories to make the region an international hub for 

new energy technology research and development, as well as energy education.
Western Governors’ Association 5 of 6 Policy Resolution 2022-01

17. Western Governors encourage Congress and DOE to support and fund research, 

development, demonstration, and deployment of advanced energy technologies.

18. Western Governors support the creation of public-private research and development 

partnerships among industry, academia, the national labs, and federal agencies to identify 

promising new technologies, including energy efficiency technologies that advance clean 

energy with reduced environmental impacts.

Economic and Workforce Development

19. Western Governors and states are committed to encouraging training and education in 

energy-related fields and ensuring there is an adequate workforce operating under the 

highest safety standards.

20. Many western states and communities have been affected by localized job losses due to 

changes in the energy sector and the closure of coal power plants. Western Governors and 

states are working diligently to facilitate the creation of employment opportunities for 

displaced energy sector workers. 

21. Western Governors offer their support for the U.S. Department of Agriculture (USDA) Rural 

Energy for America program, which has benefited farmers, ranchers and rural businesses 

that are often underserved by other federal energy efforts. 

22. Western Governors support funding and long-term authorization for the State Energy 

Program (SEP), Weatherization Assistance Program (WAP), and Low-Income Home Energy 

Assistance Program (LIHEAP).

23. Western Governors support legislative measures that promote flexibility for rural electric 

cooperatives to refinance or adjust loans secured through the USDA Rural Utilities Service.

24. Western Governors support increasing the development and use of energy storage and lowand zero-emissions vehicles and associated infrastructure. WGA’s Electric Vehicles 

Roadmap Initiative Report provides valuable insights on strategies to effectively integrate

electric vehicle charging equipment with local grid infrastructure.

25. Western Governors call on the federal government to lift a barrier to domestic free trade 

between the contiguous United States and the noncontiguous states and territories by the 

Merchant Marine Act of 1920 by allowing those jurisdictions to receive energy commodities 

produced in the mainland but transported by foreign vessels, should those jurisdictions, and 

the jurisdictions whose ports are being used to ship these materials, desire it.

26. Redundant federal regulation of energy development, transport, and use is not required 

where sufficient state or territorial regulations exist. Existing state authority should not be 

replaced or impeded by Congress or federal agencies. Where additional regulations are 

necessary, federal agencies should consult and coordinate with states and tribes to ensure 

collaboration and understanding of unique circumstances within individual states and tribal 

nations.
Western Governors’ Association 6 of 6 Policy Resolution 2022-01

C. GOVERNORS' MANAGEMENT DIRECTIVE

1. The Governors direct WGA staff to work with congressional committees of jurisdiction, the 

Executive Branch, and other entities, where appropriate, to achieve the objectives of this 

resolution.

2. Furthermore, the Governors direct WGA staff to consult with the Staff Advisory Council 

regarding its efforts to realize the objectives of this resolution and to keep the Governors 

apprised of its progress in this regard.

This resolution will expire in December 2024. Western Governors enact new policy resolutions and 

amend existing resolutions on a semiannual basis. Please consult http://www.westgov.org/resolutions

for the most current copy of a resolution and a list of all current WGA policy resolutions.