,,ii  #aacth ,,congress  #ast ,session  
,s4 #feh  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bb1 #bjac   
,mrs4 ,gillibrand 7for herself1 ,mr4    
,vitter1 ,mr4 ,coons1 ,mr4 ,blunt1 ,ms4 
,landrieu1 ,mr4 ,leahy1 ,mr4 ,warner1   
and ,mrs4 ,murray7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to amend titles  
#aj and #cb1 ,united ,states ,code1 to  
enhance capabilities to prepare for and 
respond to cyber emergencies1 and for   
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,cyber ,warrior
 ,act of #bjac4  #b4 ,findings ,congress
 makes the following findings3  7#a7    
,the report of the ,department of       
,defense ,science ,board ,task ,force on
 ,resilient ,military ,systems and the  
,advanced ,cyber ,threat finds that it  
is not clear that high-end cyber        
practitioners can be found in sufficient
 numbers within typical recruitments    
pools4  7#b7 ,the report recommends that

 the ,department must scale up its      
efforts to recruit1 provided facilities 
and training1 and use effectively these 
critical people4  7#c7 ,the ,national   
,guard has the authority to operate on  
active duty under title #aj1 ,united    
,states ,code1 and in ,national ,guard  
status under title #cb1 ,united ,states 
,code4  7#d7 ,the ,national ,guard can  
leverage the expertise of private sector
 information technology 7,,it7          
specialists and help retain the         
capability of retiring military         
personnel trained in cybersecurity      
matters4  7#e7 ,the ,national ,guard in 
its status under title #cb1 ,united     
,states ,code1 supports the ,department 
of ,homeland ,security and the          
,governors of the ,states in responding 
to natural disasters4  #c4 ,enhancement 
of preparation for and response to cyber
 emergencies  7a7 ,establishment of     
,cyber and ,computer ,network ,incident 
,response ,teams  7#a7 ,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 #abcaj7;d7 of title #aj1       
,united ,states ,code 7as amended by    
subsection 7b771 and section #eaj of    
title #cb1 ,united ,states ,code 7as    
added by subsection 7c771 to perform    
duties relating to analysis and         
protection in support of programs to    
prepare for and respond to emergencies  
involving an attack or natural disaster 
impacting a computer1 electronic1 or    
cyber network4  7#b7 ,designation ,each 
team established under paragraph 7#a7   
shall be known as a ,cyber and ,computer
 ,network ,incident ,response ,team4    
7b7 ,use of active ,national ,guard     
personnel ,section #abcaj of title #aj1 
,united ,states ,code1 is amended--     
7#a7 by redesignating subsection 7d7 as 
subsection 7e72 and  7#b7 by inserting  
after subsection 7c7 the following new  
subsection 7d73  7d7 ,operations        
relating to protection of public and    

private cyber infrastructure  7#a7      
,notwithstanding subsection 7b71 a      
member of the ,national ,guard on active
 duty as described in subsection 7a71 or
 a member of the ,national ,guard       
serving on full-time ,national ,guard   
duty under section #ejb7;f7 of title #cb
 in connection with functions referred  
to in subsection 7a71 may perform duties
 relating to analysis and protection in 
support of programs to prepare for and  
respond to emergencies involving an     
attack or natural disaster impacting a  
computer1 electronic1 or cyber network4 
7#b7 ,the duties of members under this  
subsection may include duties to assist 
the combatant commands in developing and
 expanding their capacity relating to   
analysis and protection in support of   
programs to prepare for and respond to  
emergencies involving an attack or      
natural disaster impacting a computer1  
electronic1 or cyber network4  7#c7 ,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 #c7;a7 of the ,cyber
 ,warrior ,act of #bjac4  7#d7          
,notwithstanding section #ejb7;f7 of    
title #cb1 the costs of the pay1        
allowances1 clothing1 subsistence1      
gratuities1 travel1 and related expenses
 for a member of the ,national ,guard   
performing duties under this subsection 
shall be paid from the appropriation    
that is available to pay such costs for 
members of the regular component of the 
armed force of that member4  7#e7       
,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      
#aae7;a77#a7 of this title4 ,the        
justification 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 duties      

described in this subsection during that
 fiscal year4  7#f7 ,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 ,representatives that the     
members possess the requisite skills1   
training1 and equipment to be proficient
 in all mission requirements4  4  7c7   
,use of ,national ,guard personnel      
performing training or drill  7#a7 ,in  
general ,chapter #e of title #cb1       
,united ,states ,code1 is amended by    
adding at the end the following new     
section3  #eaj4 ,preparation for and    
response to cyber emergencies  ,under   
regulations prescribed by the ,secretary
 of the ,army or the ,secretary of the  
,air ,force1 as the case may be1 members
 of the ,national ,guard performing     
training or drill required by this      
chapter may perform duties relating to  
analysis and protection in support of   

programs to prepare for and respond to  
emergencies involving an attack or      
natural disaster impacting a computer1  
electronic1 or cyber network1 including 
in connection with cyber and computer   
network incident response teams         
established pursuant to section #c7;a7  
of the ,cyber ,warrior ,act of #bjac4  4
  7#b7 ,clerical amendment ,the table of
 sections at the beginning of chapter #e
 of such title is amended by adding at  
the end the following new item3  #eaj4  
,preparation for and response to cyber  
emergencies4  4  7d7 ,homeland defense  
activities  7#a7 ,in general ,chapter #i
 of title #cb1 ,united ,states ,code1 is
 amended by inserting after section #ijb
 the following new section3  #ijb;a4    
,homeland defense activities3 activities
 relating to preparation for and        
response to cyber emergencies  7a7 ,in  
general ,the homeland defense activities
 for which funds may be provided under  
this chapter shall include the          
following3  7#a7 ,the provision by units

 or members of the ,national ,guard of  
education and training for ,state and   
local law enforcement and governmental  
personnel on analysis and protection to 
prepare for and respond to emergencies  
involving an attack or natural disaster 
impacting a computer1 electronic1 or    
cyber network4  7#b7 ,upon the order of 
the ,governor of the ,state1 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 7#a74  7b7 ,members authorized
 ,to perform activities ,the members of 
the ,national ,guard who may perform    
activities authorized by this section   
are members on full-time ,national      
,guard duty under section #ejb7;f7 of   
this title4  7c7 ,performance in        
connection with cyber and computer      
network incident response 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 #c7;a7 of the ,cyber
 ,warrior ,act of #bjac4  7d7           
,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 subsections 7b71 7c71 and
 7d7 of section #ijd of this title4  7e7
 ,definitions ,in this section3  7#a7   
,the term ,governor1 in the case of the 
,district of ,columbia1 means the       
commanding general of the ,district of  
,columbia ,national ,guard4  7#b7 ,the  
term ,state means the several ,states1  
the ,district of ,columbia1 the         
,commonwealth of ,puerto ,rico1 and the 
,territories of the ,united ,states4  4 
7#b7 ,clerical amendment ,the table of  
sections at the beginning of chapter #i 
of such title is amended by inserting   
after the item relating to section #ijb 

the following new item3  #ijb;a4        
,homeland defense activities3 activities
 relating to preparation for and        
response to cyber emergencies4  4  7e7  
,training on cyber duties  7#a7 ,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 ,national ,guard   
and the ,air ,national ,guard1          
respectively1 on analysis and protection
 to prepare for and respond to          
emergencies involving an attack or      
natural disaster impacting a computer1  
electronic1 or cyber network shall1 to  
the extent practicable1 be equivalent to
 the training provided members of the   
regular component of the ,army and the  
,air ,force on such matters4  7#b7      
,reports ,not later than one year after 
the date of the enactment of this ,act1 
and annually thereafter for four years1 
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        
training provided to members of the     
,army ,national ,guard and the ,air     
,national ,guard pursuant to paragraph  
7#a7 on the matters described in that   
paragraph4 ,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 matters1 and such        
recommendations as the ,secretary       
considers appropriate for improvements  
to such training in order to better     
align such training for members of the  
,army ,national ,guard and the ,air     
,national ,guard1 on the one hand1 and  
members of the regular component of the 
,army and the ,air ,force1 on the other4
  7f7 ,additional report ,not later than
 #ahj days after the date of the        
enactment of this ,act1 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 setting forth 
the following3  7#a7 ,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 operations1 including modifications 
of the curricula for the ,reserve       
,officers' ,training ,corps programs1   
enhanced opportunities for individuals  
to select their preferred ,armed ,force 
of accession1 payment of recruitment and
 retention bonuses1 the provision of    
educational scholarships and stipends1  
and enhanced funding of training and    
certification programs4  7#b7 ,an       
assessment of the circumstances         
7including short-term deployment1       
virtual deployment1 or both7 under which
 members of the reserve components with 
computer network defense duties can be  
managed without the geographic          
relocation of such members4  7#c7 ,a    

description of the training requirements
 and physical demands1 if any1 for      
military occupational specialties       
relating to computer network defense4