Cyber Defense National Guard Act

I 117TH CONGRESS 1ST SESSION H. R. 119 To require the Director of National Intelligence to conduct a study on the feasibility of establishing a Cyber Defense National Guard. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Ms. JACKSON LEE introduced the following bill; which was referred to the Permanent Select Committee on Intelligence A BILL To require the Director of National Intelligence to conduct a study on the feasibility of establishing a Cyber Defense National Guard. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cyber Defense Na- 4 tional Guard Act’’. 5 SEC. 2. STUDY ON ESTABLISHMENT OF CYBER DEFENSE 6 NATIONAL GUARD. 7 (a) STUDY.—The Director of National Intelligence, 8 in consultation with the Secretary of Defense and the Sec- 9 retary of Homeland Security, shall conduct a study on the 10 VerDate Sep 11 2014 18:07 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H119.IH H119 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 119 IH feasibility of establishing a Cyber Defense National 1 Guard. 2 (b) CONTENTS.—The study required under sub- 3 section (a) shall include an analysis of— 4 (1) the cost of creating a Cyber Defense Na- 5 tional Guard; 6 (2) the number of persons who would be needed 7 to defend the critical infrastructure of the United 8 States from a cyber attack or manmade intentional 9 or unintentional catastrophic incident; 10 (3) the sources of potential members of a Cyber 11 Defense National Guard, including industry, aca- 12 demic institutions, research facilities, and Federal 13 contractors; 14 (4) which elements of the Federal Government 15 would be best equipped to recruit, train, and manage 16 a Cyber Defense National Guard; 17 (5) the criteria required for persons to serve in 18 a Cyber Defense National Guard; 19 (6) if an incident disrupts communications in a 20 region or area, what resources can be pre-positioned 21 and training instilled to assure the effectiveness and 22 responsiveness of a Cyber Defense National Guard; 23 VerDate Sep 11 2014 18:07 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H119.IH H119 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 119 IH (7) the minimum requirements for consider- 1 ation for inclusion in a Cyber Defense National 2 Guard; 3 (8) the impact of the effectiveness of a Cyber 4 Defense National Guard of the possibility that the 5 population of potential recruits may be dominated by 6 men and women without military, intelligence, law 7 enforcement, or government work experience; 8 (9) the recruitment and vetting costs for a 9 Cyber Defense National Guard; 10 (10) the frequency of cyber defense and unit co- 11 hesion training; 12 (11) how well military discipline is able to be 13 adapted for use for creating command and control 14 systems and protocols for a Cyber Defense National 15 Guard; 16 (12) the logistics of allowing governors to use 17 the Cyber Defense National Guard in States during 18 times of cyber emergency; 19 (13) the advantages and disadvantages of cre- 20 ating a Cyber Defense National Guard on the cyber 21 security of the United States; and 22 (14) whether a force trained to defend the net- 23 works of the United States in the event of a major 24 attack or natural or manmade disaster will benefit 25 VerDate Sep 11 2014 18:07 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H119.IH H119 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 119 IH overall efforts to defend the interests of the United 1 States. 2 (c) REPORT.— 3 (1) SUBMISSION.—Not later than 240 days 4 after the date of the enactment of this Act, the Di- 5 rector of National Intelligence, in consultation with 6 the Secretary of Defense and the Secretary of 7 Homeland Security, shall submit to the Committee 8 on Armed Services, the Committee on Homeland Se- 9 curity, the Permanent Select Committee on Intel- 10 ligence, and the Committee on the Judiciary of the 11 House of Representatives and the Committee on 12 Armed Services, the Committee on Homeland Secu- 13 rity and Governmental Affairs, the Select Committee 14 on Intelligence, and the Committee on the Judiciary 15 of the Senate a report containing the results of the 16 study required under subsection (a). 17 (2) FORM.—The report required under para- 18 graph (1) shall be submitted in unclassified form, 19 but may include a classified annex. 20 Æ VerDate Sep 11 2014 18:07 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H119.IH H119 pamtmann on DSKBC07HB2PROD with BILLS