Senate Bill S6822

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6822
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 30, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the military law, in relation to establishing the civil-
   ian cyber security reserve forces
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 2 of the military law, as amended
 by chapter 731 of the laws of 1958, is amended to read as follows:
   1. The militia of the state shall be divided into the organized  mili-
 tia,  the state reserve list, the state retired list and the unorganized
 militia. The organized militia shall be composed of the  New  York  army
 national  guard;  the New York air national guard; the inactive national
 guard; THE CIVILIAN CYBER SECURITY RESERVE FORCES; the  New  York  naval
 militia;  the  New  York guard whenever such a state force shall be duly
 organized and such additional forces as may be created by the governor.
   § 2. The military law is amended by adding a new article 14 to read as
 follows:
                                ARTICLE 14
                  CIVILIAN CYBER SECURITY RESERVE FORCES
 SECTION 350. CIVILIAN CYBER SECURITY RESERVE FORCES.
         351. RULES AND  REGULATIONS;  CIVILIAN  CYBER  SECURITY  RESERVE
                FORCES.
         352. EQUIPMENT.
         353. RESTRICTIONS.
         354. MEMBERSHIP.
         355. NEW YORK CODE OF MILITARY JUSTICE.
         356. RESIGNATION.
         357. GOVERNOR'S ROLE.
   §  350.  CIVILIAN CYBER SECURITY RESERVE FORCES. 1. THE GOVERNOR SHALL
 ORGANIZE AND MAINTAIN WITHIN THIS STATE, ON A  RESERVE  BASIS,  CIVILIAN
 CYBER  SECURITY  RESERVE FORCES CAPABLE OF BEING EXPANDED AND TRAINED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14089-01-9

 S. 6822                             2
 
 EDUCATE AND PROTECT STATE, COUNTY, AND LOCAL GOVERNMENT ENTITIES,  CRIT-
 ICAL  INFRASTRUCTURE,  INCLUDING ELECTION SYSTEMS, BUSINESSES, AND CITI-
 ZENS OF THIS STATE FROM CYBER ATTACKS.  IN  THE  CASE  OF  AN  EMERGENCY
 PROCLAIMED  BY  THE  GOVERNOR,  OR  CAUSED BY ILLICIT ACTORS OR IMMINENT
 DANGER, THE GOVERNOR, AS COMMANDER-IN-CHIEF, SHALL EXPAND THE RESERVE AS
 THE EXIGENCY OF THE OCCASION REQUIRES.
   2. THE RESERVE SHALL BE A PART OF THE NEW YORK ORGANIZED MILITIA UNDER
 THE ADJUTANT GENERAL'S DEPARTMENT. THE RESERVE SHALL BE KNOWN AS THE NEW
 YORK CYBER RESERVE. THE ADJUTANT GENERAL SHALL ESTABLISH AND MAY REVISE,
 THE RATES OF PAY FOR RESERVE MEMBERS WHEN CALLED TO STATE  ACTIVE  DUTY.
 WHILE  PERFORMING  ANY DRILL OR TRAINING, RESERVE MEMBERS SHALL SERVE IN
 AN UNPAID VOLUNTEER STATUS. WHEN CALLED TO  STATE  ACTIVE  DUTY  BY  THE
 GOVERNOR,  RESERVE  MEMBERS  SHALL  FUNCTION  AS CIVILIAN MEMBERS OF THE
 ORGANIZED MILITIA.
   § 351. RULES AND REGULATIONS; CIVILIAN CYBER SECURITY RESERVE  FORCES.
 THE  GOVERNOR  MAY  ADOPT  RULES  AND  REGULATIONS  CONSISTENT  WITH THE
 PROVISIONS OF  LAW  GOVERNING  THE  MEMBERSHIP,  ORGANIZATION,  ADMINIS-
 TRATION,  EQUIPMENT,  AND  MAINTENANCE  OF THE NEW YORK CYBER RESERVE. A
 COPY OF THE RULES AND REGULATIONS SHALL BE AVAILABLE TO  THE  PUBLIC  IN
 THE ADJUTANT GENERAL'S OFFICE.
   §  352. EQUIPMENT. THE GOVERNOR MAY REQUISITION FROM THE UNITED STATES
 DEPARTMENT OF DEFENSE, FOR THE USE OF THE NEW YORK CYBER RESERVE, EQUIP-
 MENT THAT MAY BE IN THE POSSESSION AND CAN BE FURNISHED BY  THE  DEPART-
 MENT, AND MAKE AVAILABLE TO THE RESERVE THE FACILITIES OF STATE ARMORIES
 AND  EQUIPMENT  AND OTHER STATE PREMISES AND PROPERTY THAT MAY BE AVAIL-
 ABLE.
   § 353. RESTRICTIONS. THIS ARTICLE SHALL NOT  AUTHORIZE  THE  NEW  YORK
 CYBER  RESERVE,  OR  ANY  PART THEREOF, TO BE CALLED OR ORDERED INTO THE
 MILITARY SERVICE OF THE UNITES STATES. THE RESERVE MAY BECOME A CIVILIAN
 COMPONENT OF THE NEW YORK NATIONAL GUARD.
   § 354. MEMBERSHIP. 1. NO PERSON SHALL BE ACCEPTED INTO  THE  NEW  YORK
 CYBER  RESERVE WHO IS NOT A UNITED STATES NATIONAL OR A LAWFUL PERMANENT
 RESIDENT, OR WHO HAS BEEN EXPELLED OR DISHONORABLY DISCHARGED  FROM  THE
 ARMED  FORCES.  APPLICANTS SHALL BE SUBJECT TO AN APPROPRIATE BACKGROUND
 CHECK, IN ACCORDANCE WITH RULES AND REGULATIONS ADOPTED BY THE  GOVERNOR
 AND ADJUTANT GENERAL BEFORE ADMITTANCE INTO THE RESERVE.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, NO PERSON
 SHALL BE DISQUALIFIED FROM ACCEPTANCE INTO THE NEW YORK CYBER RESERVE ON
 THE BASIS THAT THE PERSON IS AN EMPLOYEE OF THE  STATE  OR  A  POLITICAL
 SUBDIVISION  OF  THE  STATE,  OR  AN EMPLOYEE OR PROPRIETOR OF A PRIVATE
 ENTITY THAT CONDUCTS BUSINESS WITH THE STATE OR A POLITICAL  SUBDIVISION
 OF THE STATE.
   §  355. NEW YORK CODE OF MILITARY JUSTICE. WHENEVER THE NEW YORK CYBER
 RESERVE, OR ANY PART THEREOF, IS ORDERED OUT FOR ACTIVE SERVICE  BY  THE
 GOVERNOR,  THE  NEW YORK CODE OF MILITARY JUSTICE SHALL BE IN FULL FORCE
 WITH RESPECT TO THOSE FORCES.
   § 356. RESIGNATION. 1. THE GOVERNOR MAY ACCEPT THE RESIGNATION OF  ANY
 NEW  YORK CYBER RESERVE MEMBER AT ANY TIME. RESERVE MEMBERS SERVE AT THE
 PLEASURE OF THE GOVERNOR AND MAY BE REMOVED FROM THE RESERVE IN  ACCORD-
 ANCE  WITH  RULES  AND  REGULATIONS  ADOPTED UNDER ARTICLE SEVEN OF THIS
 CHAPTER.
   2. THE GOVERNOR MAY REQUIRE REIMBURSEMENT FOR TRAINING, EQUIPMENT, AND
 UNIFORMS IF A NEW YORK CYBER RESERVE MEMBER DOES NOT SERVE THE FULL TERM
 OF THE MEMBER'S MEMBERSHIP AGREEMENT AND THE INABILITY TO SERVE OUT  THE
 TERM  OF  THE  MEMBERSHIP AGREEMENT WAS NOT DUE TO DISABILITY OR SIMILAR
 DISABLING MEDICAL CONDITION.

 S. 6822                             3
 
   § 357. GOVERNOR'S ROLE. 1. THE GOVERNOR, AS COMMANDER-IN-CHIEF OF  THE
 ORGANIZED  MILITIA, MAY ORDER INDIVIDUALS OR UNITS OF THE NEW YORK CYBER
 RESERVE TO STATE ACTIVE DUTY TO PROTECT STATE, COUNTY, AND LOCAL GOVERN-
 MENT ENTITIES AND CRITICAL INFRASTRUCTURE, INCLUDING  ELECTION  SYSTEMS,
 OR FOR TRAINING AS THE GOVERNOR DETERMINES NECESSARY. THE GOVERNOR, UPON
 THE  REQUEST  OF  A  BUSINESS  OR CITIZEN, ALSO MAY ORDER INDIVIDUALS OR
 UNITS OF THE NEW YORK CYBER RESERVE TO STATE ACTIVE DUTY TO PROTECT SUCH
 BUSINESS OR CITIZEN.
   2. WHEN ORDERED BY THE GOVERNOR TO PERFORM DUTY OR TRAINING UNDER THIS
 ARTICLE, MEMBERS OF THE NEW YORK  CYBER  RESERVE  SHALL  HAVE  THE  SAME
 PROTECTIONS  AFFORDED  BY THE "SERVICEMEMBERS CIVIL RELIEF ACT," PUB. L.
 NO. 108-189, 50 U.S.C. 3901-4043, AND BY THE "UNIFORMED SERVICES EMPLOY-
 MENT AND REEMPLOYMENT RIGHTS ACT," 108 STAT. 3149, 38 U.S.C.  4301-4333.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.