S.Amdt. 1936

SA 1936. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 590 and insert the following:

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.

(a) Pilot Programs Authorized.--The Secretary of the Army
and the Secretary of the Air Force may each, in coordination
with the Secretary of Homeland Security and 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.
(b) Assessment Prior to Commencement.--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--
(1) conduct an assessment of--
(A) existing cyber response capacities of the Army National
Guard or Air National Guard, as applicable, in each State;
and
(B) any existing platform, technology, or capability of a
National Guard that provides the capability described in
subsection (a); and
(2) determine whether a platform, technology, or capability
described in paragraph (1)(B) is suitable for expansion for
purposes of the pilot program.
(c) Elements.--A pilot program under subsection (a) shall
include the following:
(1) 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.
(2) Policies, processes, procedures, and authorities for
use of such a capability, including with respect to the
following:
(A) 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).
(B) Necessary updates to the Defense Cyber Incident
Coordinating Procedure, or any other applicable Department of
Defense instruction, for purposes of implementing the
capability.
(C) Program management and governance structures for
deployment and maintenance of the capability.
(D) Security when performing remote support, including such
in matters such as authentication and remote sensing.
(3) 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:
(A) Participation of not fewer than two State governments
and their National Guards.
(B) Circumstances designed to test and validate the
policies, processes, procedures, and authorities developed
pursuant to paragraph (2).
(C) An after action review of the exercise.
(d) Use of Existing Technology.--An administering Secretary
may use an existing platform, technology, or capability to
provide the capability described in subsection (a) under the
pilot program.
(e) Eligibility and Participation Requirements.--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.
(f) Construction With Certain Current Authorities.--
(1) Command authorities.--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.
(2) Emergency management assistance compact.--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.
(g) Evaluation Metrics.--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.
(h) Term.--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.
(i) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the commencement of the pilot program, the administering
Secretary, in coordination with the Secretary of Homeland
Security, 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.
(2) Final report.--Not later than 180 days after the
termination of the pilot program, the administering
Secretary, in coordination with the Secretary of Homeland
Security, shall submit to the appropriate committees of
Congress a report on the pilot program. The report shall
include the following:
(A) A description of the pilot program, including any
partnerships entered into by the Chief of the National Guard
Bureau under the pilot program.
(B) A summary of the assessment performed prior to the
commencement of the pilot program in accordance with
subsection (b).
(C) A summary of the evaluation metrics established in
accordance with subsection (g).
(D) An assessment of the effectiveness of the pilot
program, and of the capability described in subsection (a)
under the pilot program.
(E) A description of costs associated with the
implementation and conduct of the pilot program.
(F) A recommendation as to the termination or extension of
the pilot program, or

[[Page S3416]]

the making of the pilot program permanent with an expansion
nationwide.
(G) An estimate of the costs of making the pilot program
permanent and expanding it nationwide in accordance with the
recommendation in subparagraph (F).
(H) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(j) State Defined.--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.
______