,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cibi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #aj1     
#bjbj,mr4 ,peters introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to authorize     
pilot programs on the remote provision  
by the ,national ,guard to ,state       
governments and ,national ,guards in    
other ,states of cybersecurity technical
 assistance in training1 preparation1   
and response to cyber incidents1 and for
 other purposes4  #a4 ,pilot programs on
 remote provision by ,national ,guard to
 ,state governments and ,national       
,guards in other ,states of             
cybersecurity technical assistance in   
training1 preparation1 and response to  
cyber incidents  7a7 ,pilot programs    
authorized  7#a7 ,in general ,the       
,secretary of the ,army and the         
,secretary of the ,air ,force may each  
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 the     
,national ,guard of other ,states       
7whether or not in the same ,armed      
,force as the providing ,national       
,guard7 with cybersecurity technical    
assistance in training1 preparation1 and
 response to cyber incidents4  7#b7     
,construction in discharge ,if such     
,secretary elects to conduct such a     
pilot program1 such ,secretary shall be 
known as an administering ,secretary for
 purposes of this section1 and any      
reference in this section to the pilot  
program shall be treated as a reference 
to the pilot program conducted by such  
,secretary4  7#c7 ,coordination and     
consultation ,except as otherwise       
provided in this section1 if such       
,secretary elects to conduct such a     
pilot program1 such ,secretary shall    
conduct all components of the assessment
 in subsection 7b7 and all components of

 the pilot program and reports in       
subsection 7i7 jointly with the         
,secretary of ,homeland ,security and in
 consultation with the ,chief of the    
,national ,guard ,bureau and entities   
representing ,state governments 7such as
 ,governors and chief information       
officers74  7b7 ,assessment prior to    
commencement ,for purposes of evaluating
 existing platforms1 technologies1 and  
capabilities under subsection 7c71 and  
for establishing eligibility and        
participation requirements under        
subsection 7d71 for purposes of the     
pilot program1 an administering         
,secretary shall1 prior to commencing   
the pilot program-- 7#a7 conduct an     
assessment of-- 7,a7 existing cyber     
capabilities available to ,states2  7,b7
 existing cyber response capacities of  
the ,army ,national ,guard or ,air      
,national ,guard1 as applicable1 in each
 ,state2  7,c7 any existing platform1   
technology1 or capability of a ,national
 ,guard that provides the capability    

described in subsection 7a72 and  7,d7  
any other available existing platform1  
technology1 or capabilities that may    
provide the capability described in     
subsection 7a72 and  7#b7 determine     
whether a platform1 technology1 or      
capability described in paragraph       
7#a77;,c7 or 7#a77;,d7 is suitable for  
expansion for purposes of the pilot     
program4  7c7 ,elements ,a pilot program
 under subsection 7a7 shall include the 
following3 7#a7 ,a technical capability 
that enables the ,national ,guard of a  
,state to remotely provide cybersecurity
 technical assistance to ,state         
governments and the ,national ,guard of 
other ,states1 without the need to      
deploy outside its home ,state4 ,the    
design and any development of such      
capability shall-- 7,a7 occur in        
consultation with the ,secretary of     
,homeland ,security2 and  7,b7 enable1  
upon deployment and operation of the    
capability1 interoperability with other 
,federal and non-,federal cyber response

 entities1 including the ,department of 
,homeland ,security4  7#b7 ,policies1   
processes1 procedures1 and authorities  
for use of such a capability1 including 
with respect to the following3 7,a7 ,the
 roles1 responsibilities1 and           
authorities of both requesting and      
deploying ,state governments1 ,national 
,guards1 and the ,department of         
,homeland ,security with respect to such
 remote technical assistance1 taking    
into account the matters specified in   
subsection 7f74  7,b7 ,program          
management and governance structures for
 deployment and maintenance of the      
capability4  7,c7 ,security when        
performing remote support1 including    
such in matters such as authentication  
and remote sensing4  7,d7 ,the efficient
 and effective use by ,federal and      
non-,federal entities of the            
interoperability functionality of the   
capability1 as required by paragraph    
7#a77;,b74  7#c7 ,the conduct1 in       
consultation also with the ,director of 

the ,federal ,bureau of ,investigation1 
other ,federal agencies1 and appropriate
 non-,federal entities 7in addition to  
the entities referred to in subsection  
7a77#c771 of at least one exercise to   
demonstrate the capability1 which       
exercise shall include the following3   
7,a7 ,participation of not fewer than   
two ,state governments and their        
,national ,guards4  7,b7 ,circumstances 
designed to test and validate the       
policies1 processes1 procedures1 and    
authorities developed pursuant to       
paragraph 7#b7 and the interoperability 
functionality of the capability1 as     
required pursuant to paragraph          
7#a77;,b74  7d7 ,use of existing        
technology ,an administering ,secretary 
may use an existing platform1           
technology1 or capability to provide the
 capability described in subsection 7a7 
under the pilot program4  7e7           
,eligibility and participation          
requirements ,an administering          
,secretary shall establish requirements 

with respect to eligibility and         
participation of ,state governments and 
their ,national ,guards in the pilot    
program4  7f7 ,construction with certain
 current authorities  7#a7 ,command     
authorities ,nothing in a pilot program 
under subsection 7a7 may be construed as
 affecting or altering the command      
authorities otherwise applicable to any 
unit of the ,national ,guard unit       
participating in the pilot program4     
7#b7 ,emergency ,management ,assistance 
,compact ,nothing in a pilot program may
 be construed as affecting or altering  
any current agreement under the         
,emergency ,management ,assistance      
,compact1 or any other ,state           
agreements1 or as determinative of the  
future content of any such agreement4   
7g7 ,evaluation metrics ,an             
administering ,secretary shall establish
 metrics to evaluate the effectiveness  
of the pilot program4  7h7 ,term ,a     
pilot program under subsection 7a7 shall
 terminate on the date that is three    

years after the date of the commencement
 of the pilot program4  7i7 ,reports    
7#a7 ,initial report ,not later than    
#ahj days after the date of the         
commencement of the pilot program1 the  
administering ,secretary1 in            
coordination solely with the ,secretary 
of ,homeland ,security1 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 administering ,secretary considers 
appropriate4  7#b7 ,final report ,not   
later than #ahj days after the          
termination of the pilot program1 the   
administering ,secretary1 in            
coordination solely with the ,secretary 
of ,homeland ,security1 shall submit to 
the appropriate committees of ,congress 
a report on the pilot program4 ,the     
report shall include the following3 7,a7
 ,a description of the pilot program1   
including any partnerships entered into 
by the administering ,secretary under   

the pilot program4  7,b7 ,a summary of  
the assessment performed prior to the   
commencement of the pilot program in    
accordance with subsection 7b74  7,c7 ,a
 summary of the evaluation metrics      
established in accordance with          
subsection 7g74  7,d7 ,an assessment of 
the effectiveness of the pilot program1 
and of the capability described in      
subsection 7a7 under the pilot program4 
7,e7 ,an assessment of any obstacles1   
either in statute or policies of the    
,department of ,defense or the          
,department of ,homeland ,security1 that
 impacted the effectiveness of the      
capability described in subsection 7a7  
under the pilot program4  7,f7 ,a       
description of costs associated with the
 implementation and conduct of the pilot
 program4  7,g7 ,a recommendation as to 
the termination or extension of the     
pilot program1 or the making of the     
pilot program permanent with an         
expansion nationwide4  7,h7 ,an estimate
 of the costs of making the pilot       

program permanent and expanding it      
nationwide in accordance with the       
recommendation in subparagraph 7,g74    
7,i7 ,appropriate proposals for updates 
to national cyber response plans4  7,j7 
,such recommendations for legislative or
 administrative action as the           
administering ,secretary considers      
appropriate in light of the pilot       
program4  7#c7 ,joint exercise after    
action report ,not later than #ij days  
after completion of the exercise        
described in subsection 7c77#c71 the    
administering ,secretary1 in            
coordination solely with the ,secretary 
of ,homeland ,security and in           
consultation solely with the ,chief of  
the ,national ,guard ,bureau1 shall     
submit to the appropriate committees of 
,congress a joint ,department of        
,defense and ,department of ,homeland   
,security after-action report on the    
exercise4 ,the report shall include the 
following3 7,a7 ,a description of the   
exercise scenario and participating     

entities4  7,b7 ,a discussion of the    
effectiveness of the exercise in        
evaluating the capability described in  
subsection 7a71 including the policies1 
processes1 procedures1 and authorities  
developed pursuant to subsection 7c77#b7
 and the interoperability functionality 
of the capability1 as required pursuant 
to subsection 7c77#a77;,b74  7,c7 ,a    
discussion of the effectiveness of the  
exercise in evaluating coordination     
between the ,national ,guards and the   
,department of ,homeland ,security      
during incident response4  7,d7 ,a      
discussion of strengths and weaknesses  
of interdepartment communication1       
coordination1 and joint support to the  
,state government or ,national ,guard   
unit requesting assistance during the   
exercise4  7,e7 ,such recommendations   
for legislative or administrative action
 as the administering ,secretary or the 
,secretary of ,homeland ,security       
considers appropriate in light of the   
exercise4  7#d7 ,appropriate committees 

of ,congress defined ,in this           
subsection1 the term appropriate        
committees of ,congress means-- 7,a7 the
 ,committee on ,armed ,services and the 
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate2  
and  7,b7 the ,committee on ,armed      
,services and the ,committee on         
,homeland ,security of the ,house of    
,representatives4  7j7 ,state defined   
,in this section1 the term ,state means 
each of the several ,states1 the        
,district of ,columbia1 the             
,commonwealth of ,puerto ,rico1         
,american ,samoa1 ,guam1 the ,united    
,states ,virgin ,islands1 and the       
,commonwealth of the ,northern ,mariana 
,islands4  7k7 ,funding  7#a7           
,authorization of appropriations ,there 
is hereby authorized to be appropriated 
for fiscal year #bjba for the           
,department of ,defense for operation   
and maintenance1 ,defense-wide          
activities1 #f1jjj1jjj1 with the amount 
to be available for administrative and  

service-wide activities for the ,office 
of the ,secretary of ,defense for the   
pilot programs authorized by subsection 
7a74  7#b7 ,construction with other     
funding ,the amount authorized to be    
appropriated and available pursuant to  
paragraph 7#a7 is in additional to any  
other amounts authorized to be          
appropriated for fiscal year #bjba for  
the ,department of ,defense4  7l7       
,transfer of funds authorized ,the      
,secretary of ,defense may transfer     
amounts available pursuant to subsection
 7k77#a7 to the ,department of ,homeland
 ,security for credit to appropriations 
available for the ,cybersecurity and    
,infrastructure ,security ,agency of the
 ,department of ,homeland ,security4    
,amounts so transferred shall be merged 
with and available for the same time    
period as the appropriation to which    
transferred1 and shall be available to  
carry out this section4