New Bill Would Codify States’ Ability to Use Federally Funded National Guard for Cybersecurity

New Bill Would Codify States’ Ability to Use Federally Funded National Guard for Cybersecurity

Sens. Maggie Hassan, D-N.H., and John Cornyn, R-Texas, proposed amending U.S. law to explicitly include cybersecurity operations for protecting critical infrastructure as part of training and other duties of federally activated National Guard troops.


‘‘Such training or other duty may include cybersecurity operations or missions undertaken by the [Guard] member’s unit at the request of the Governor of the State concerned to protect critical infrastructure,” reads a bill the senators introduced Wednesday.


That sentence would be added to provisions about drills and field exercises in Title 32 of U.S. code which governs the use of National Guard troops in receipt of federal funding. 


“Right now, the National Guard is limited in how it can support state efforts to improve their cyber defenses, and the senators’ bill makes clear that states are authorized to use the National Guard to provide cyber support services to states and localities,” according to a press release of the bill. 


States and the federal government have joint custody over members of the National Guard, which has a dedicated presence in the states and territories, with stipulations around who can use them for what purpose. National Guard troops that have been deployed to monitor cybersecurity in this year’s elections are doing so under “State Active Duty.”


Cornyn has backed Senate Majority Leader Mitch McConnell, R-Ky., in opposing higher levels of federal funding for election s ..

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