I 
113TH CONGRESS 
1ST SESSION H. R. 1640 
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 HOUSE OF REPRESENTATIVES 
APRIL 18, 2013 
Mr. ISRAEL (for himself, Mr. HANNA, Ms. SCHWARTZ, Mr. ENYART, and Mr. 
PALAZZO) introduced the following bill; which was referred to the Com-
mittee on Armed Services 
A BILL 
To amend titles 10 and 32, United States Code, to enhance 
capabilities to prepare for and respond to cyber emer-
gencies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cyber Warrior Act of 
2013’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The report of the Department of Defense 
Science Board Task Force on Resilient Military Sys-
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
tems and the Advanced Cyber Threat finds that 
‘‘[i]t is not clear that high-end cyber practitioners 
can be found in sufficient numbers within typical 
recruitments pools’’. 
(2) The report recommends that ‘‘[t]he Depart-
ment must scale up its efforts to recruit, provided 
facilities and training, and use effectively these crit-
ical people’’. 
(3) The National Guard has the authority to 
operate on active duty under title 10, United States 
Code, and in National Guard status under title 32, 
United States Code. 
(4) The National Guard can leverage the exper-
tise of private sector information technology (IT) 
specialists and help retain the capability of retiring 
military personnel trained in cybersecurity matters. 
(5) The National Guard in its status under title 
32, United States Code, supports the Department of 
Homeland Security and the Governors of the States 
in responding to natural disasters. 
SEC. 3. ENHANCEMENT OF PREPARATION FOR AND RE-
SPONSE TO CYBER EMERGENCIES. 
(a) ESTABLISHMENT
OF CYBER
AND COMPUTER 
NETWORK INCIDENT RESPONSE TEAMS.— 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
(1) IN
GENERAL.—The Secretary of Defense 
shall establish in each of the several States and the 
District of Columbia a separate team of members of 
the National Guard under section 12310(d) of title 
10, United States Code (as amended by subsection 
(b)), and section 510 of title 32, United States Code 
(as added by subsection (c)), to perform duties relat-
ing to analysis and protection in support of pro-
grams to prepare for and respond to emergencies in-
volving an attack or natural disaster impacting a 
computer, electronic, or cyber network. 
(2) DESIGNATION.—Each team established 
under paragraph (1) shall be known as a ‘‘Cyber 
and Computer Network Incident Response Team’’. 
(b) USE
OF
ACTIVE
NATIONAL
GUARD
PER-
SONNEL.—Section 12310 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) OPERATIONS RELATING
TO PROTECTION
OF 
PUBLIC
AND PRIVATE CYBER INFRASTRUCTURE.—(1) 
Notwithstanding subsection (b), a member of the National 
Guard on active duty as described in subsection (a), or 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
a member of the National Guard serving on full-time Na-
tional Guard duty under section 502(f) of title 32 in con-
nection with functions referred to in subsection (a), may 
perform duties relating to analysis and protection in sup-
port of programs to prepare for and respond to emer-
gencies involving an attack or natural disaster impacting 
a computer, electronic, or cyber network. 
‘‘(2) The duties of members under this subsection 
may include duties to assist the combatant commands in 
developing and expanding their capacity relating to anal-
ysis and protection in support of programs to prepare for 
and respond to emergencies involving an attack or natural 
disaster impacting a computer, electronic, or cyber net-
work. 
‘‘(3) The duties performed by members under this 
subsection may be performed for or in support of cyber 
and computer network incident response teams established 
pursuant to section 3(a) of the Cyber Warrior Act of 
2013. 
‘‘(4) Notwithstanding section 502(f) of title 32, the 
costs of the pay, allowances, clothing, subsistence, gratu-
ities, travel, and related expenses for a member of the Na-
tional Guard performing duties under this subsection shall 
be paid from the appropriation that is available to pay 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
such costs for members of the regular component of the 
armed force of that member. 
‘‘(5) Members of the National Guard on active duty 
who are performing duty described in this subsection shall 
be counted against the annual end strength authorizations 
required by section 115(a)(1) of this title. The justifica-
tion materials for the defense budget request for a fiscal 
year shall identify the number and component of members 
of the National Guard programmed to be performing du-
ties described in this subsection during that fiscal year. 
‘‘(6) Members may not perform duties under this 
subsection unless the Secretary of Defense has certified 
to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Rep-
resentatives that the members possess the requisite skills, 
training, and equipment to be proficient in all mission re-
quirements.’’. 
(c) USE OF NATIONAL GUARD PERSONNEL PER-
FORMING TRAINING OR DRILL.— 
(1) IN GENERAL.—Chapter 5 of title 32, United 
States Code, is amended by adding at the end the 
following new section: 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
‘‘§ 510. Preparation for and response to cyber emer-
gencies 
‘‘Under regulations prescribed by the Secretary of the 
Army or the Secretary of the Air Force, as the case may 
be, members of the National Guard performing training 
or drill required by this chapter may perform duties relat-
ing to analysis and protection in support of programs to 
prepare for and respond to emergencies involving an at-
tack or natural disaster impacting a computer, electronic, 
or cyber network, including in connection with cyber and 
computer network incident response teams established 
pursuant to section 3(a) of the Cyber Warrior Act of 
2013.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 5 of such title is 
amended by adding at the end the following new 
item: 
‘‘510. Preparation for and response to cyber emergencies.’’. 
(d) HOMELAND DEFENSE ACTIVITIES.— 
(1) IN GENERAL.—Chapter 9 of title 32, United 
States Code, is amended by inserting after section 
902 the following new section: 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
‘‘§ 902a. Homeland defense activities: activities relat-
ing to preparation for and response to 
cyber emergencies 
‘‘(a) IN GENERAL.—The homeland defense activities 
for which funds may be provided under this chapter shall 
include the following: 
‘‘(1) The provision by units or members of the 
National Guard of education and training for State 
and local law enforcement and governmental per-
sonnel on analysis and protection to prepare for and 
respond to emergencies involving an attack or nat-
ural disaster impacting a computer, electronic, or 
cyber network. 
‘‘(2) Upon the order of the Governor of the 
State, the performance by units or members of the 
National Guard of activities being undertaken by the 
State government and local governments in the 
State on analysis and protection to prepare for and 
respond to emergencies described in paragraph (1). 
‘‘(b) MEMBERS AUTHORIZED TO PERFORM ACTIVI-
TIES.—The members of the National Guard who may per-
form activities authorized by this section are members on 
full-time National Guard duty under section 502(f) of this 
title. 
‘‘(c) PERFORMANCE IN CONNECTION WITH CYBER 
AND
COMPUTER
NETWORK
INCIDENT
RESPONSE 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
TEAMS.—The activities performed by members under this 
section may be performed for or in support of cyber and 
computer network incident response teams established 
pursuant to section 3(a) of the Cyber Warrior Act of 
2013. 
‘‘(d) INAPPLICABILITY OF CERTAIN REQUIREMENTS 
AND LIMITATIONS.—The performance of activities under 
this section by members of the National Guard shall not 
be subject to the requirements and limitations in sub-
sections (b), (c), and (d) of section 904 of this title. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Governor’, in the case of the 
District of Columbia, means the commanding gen-
eral of the District of Columbia National Guard. 
‘‘(2) The term ‘State’ means the several States, 
the District of Columbia, the Commonwealth of 
Puerto Rico, and the Territories of the United 
States.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 9 of such title is 
amended by inserting after the item relating to sec-
tion 902 the following new item: 
‘‘902a. Homeland defense activities: activities relating to preparation for and re-
sponse to cyber emergencies.’’. 
(e) TRAINING ON CYBER DUTIES.— 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
(1) IN GENERAL.—The Secretary of the Army 
and the Secretary of the Air Force shall ensure that 
the training provided to members of the Army Na-
tional Guard and the Air National Guard, respec-
tively, on analysis and protection to prepare for and 
respond to emergencies involving an attack or nat-
ural disaster impacting a computer, electronic, or 
cyber network shall, to the extent practicable, be 
equivalent to the training provided members of the 
regular component of the Army and the Air Force 
on such matters. 
(2) REPORTS.—Not later than one year after 
the date of the enactment of this Act, and annually 
thereafter for four years, the Secretary of Defense 
shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of 
the House of Representatives a report on the train-
ing provided to members of the Army National 
Guard and the Air National Guard pursuant to 
paragraph (1) on the matters described in that para-
graph. Each report shall include a description of the 
training currently provided to members of the Army 
National Guard and the Air National Guard on such 
matters, and such recommendations as the Secretary 
considers appropriate for improvements to such 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
training in order to better align such training for 
members of the Army National Guard and the Air 
National Guard, on the one hand, and members of 
the regular component of the Army and the Air 
Force, on the other. 
(f) ADDITIONAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services 
of the House of Representatives a report setting forth the 
following: 
(1) A description and assessment of various 
mechanisms to recruit and retain members of the 
regular components and reserve components of the 
Armed Forces with expertise in computer network 
defense and operations, including modifications of 
the curricula for the Reserve Officers’ Training 
Corps programs, enhanced opportunities for individ-
uals to select their preferred Armed Force of acces-
sion, payment of recruitment and retention bonuses, 
the provision of educational scholarships and sti-
pends, and enhanced funding of training and certifi-
cation programs. 
(2) An assessment of the circumstances (includ-
ing short-term deployment, virtual deployment, or 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS
both) under which members of the reserve compo-
nents with computer network defense duties can be 
managed without the geographic relocation of such 
members. 
(3) A description of the training requirements 
and physical demands, if any, for military occupa-
tional specialties relating to computer network de-
fense. 
Æ 
VerDate Mar 15 2010 
02:08 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H1640.IH
H1640
jbell on DSK7SPTVN1PROD with BILLS