SB3223 103RD GENERAL ASSEMBLY

LRB103 38867 KTG 69004 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3223

Introduced 2/6/2024, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

20 ILCS 1805/29.1 new

Amends the Military Code of Illinois. Requires the Governor to organize and maintain within this State, on a reserve basis, a volunteer civilian cybersecurity auxiliary force, known as the Illinois Cyber Auxiliary Force (ICAF), that is capable of being expanded and trained to educate and protect from cyber incidents State, county, and local government entities and critical infrastructure, including election systems, businesses, and the citizens of this State. Provides that 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 ICAF as the exigency of the occasion requires. Provides that the ICAF shall be operated as an interagency effort between the Illinois Department of Military Affairs (IDMA), the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS), and the Illinois Department of Innovation and Technology (DoIT). Provides that IEMA-OHS shall have oversight of the entire program and act as the lead agency for the ICAF for mission and project development; DoIT shall evaluate threats and recommend missions to the Homeland Security Advisor; and IDMA shall focus on recruiting, manning, and mission assignments. Provides that the Adjutant General, in cooperation with the Homeland Security Advisor, shall request activation of ICAF for cyber incident response; and that IDMA shall stock and issue uniform articles as required. Contains provisions concerning training for ICAF members; funds appropriated by the General Assembly for the actual and necessary expenses incurred by the ICAF for administration, training, and deployment; and the adoption of rules by IEMA-OHS that are consistent with the provisions of law governing the membership, organization, administration, equipment, and maintenance of the ICAF. Provides that ICAF members may not be called or ordered into the military service. Provides that no person shall be accepted into the ICAF who is not a United States national or a lawful permanent resident. Contains provisions concerning background checks on applicants; the removal or resignation of ICAF members; and other matters.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Military Code of Illinois is amended by adding Section 29.1 as follows:

(20 ILCS 1805/29.1 new)

Sec. 29.1. Creation of Illinois Cyber Auxiliary Force.

(a) The Governor shall organize and maintain within this State, on a reserve basis, a volunteer civilian cybersecurity auxiliary force, known as the Illinois Cyber Auxiliary Force (ICAF), that is capable of being expanded and trained to educate and protect from cyber incidents State, county, and local government entities and critical infrastructure, including election systems, businesses, and the citizens of this State. 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 ICAF as the exigency of the occasion requires.

(b) The ICAF shall be operated as an interagency effort between the Illinois Department of Military Affairs (IDMA), the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS), and the Illinois Department of Innovation and Technology (DoIT).

(1) IEMA-OHS shall have oversight of the entire program and act as the lead agency for the ICAF for mission and project development. The Homeland Security Advisor shall be the final approval for ICAF missions. IEMA-OHS shall be responsible for the evaluation and exercising of the ICAF.

(2) DoIT shall evaluate threats and recommend missions to the Homeland Security Advisor. DoIT shall develop standards and training for ICAF members, while ensuring their training and credentials meet mission requirements. DoIT cyber navigators may provide liaison support to the ICAF.

(3) IDMA shall focus on recruiting, manning, and mission assignments. IDMA shall provide key sustainment requirements, such as pay and reimbursement for missions utilizing existing State Active Duty systems and processes. The Adjutant General, in cooperation with the Homeland Security Advisor, shall request activation of ICAF for cyber incident response. IDMA shall stock and issue uniform articles as required.

(c) Appropriate training shall be provided to current and potential members of the ICAF. While performing training and other volunteer duties such as public engagement, current and potential auxiliary members shall serve in an unpaid volunteer status.

(d) The ICAF shall use funds appropriated by the General Assembly for the actual and necessary expenses incurred by the ICAF for administration, training, and deployment of the ICAF, at the discretion of the Director of IEMA-OHS or the Director's designee. Expenses for administration, training, and deployment may include, but are not limited to, permanent or temporary State employees or contractual internal or external administrative staff, travel and subsistence expenses, the purchase or rental of equipment and hardware, and local operational support.

(e) The Director of IEMA-OHS shall adopt rules consistent with the provisions of law governing the membership, organization, administration, equipment, and maintenance of the ICAF.

(f) ICAF members may not be called or ordered into the military service of the United States.

(g) No person shall be accepted into the ICAF who is not a United States national or a lawful permanent resident. Applicants shall be subject to an appropriate background check, in accordance with rules adopted by the Director of IEMA-OHS, before admittance into the ICAF. Notwithstanding any other provision of this Code, no person shall be disqualified from acceptance into the ICAF 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.

(h) The Director of IEMA-OHS may accept the resignation of any ICAF member at any time. ICAF members serve at the pleasure of the Governor and may be removed from the auxiliary in accordance with adopted rules. The Director of IEMA-OHS may require reimbursement for training, equipment, and uniforms if an ICAF member does not serve the full term of the member's membership agreement and the member's inability to serve out the term of the membership agreement was not due to a disability or a similar disabling medical condition.

(i) The Governor, may authorize the Director of IEMA-OHS to employ individuals or units of the ICAF as compensated State employees using IDMA State Active Duty procedures to protect State, county, and local government entities and critical infrastructure, including election systems, or for training as the Governor determines necessary. The Governor, upon the request of a business or U.S. citizen, also may order individuals or units of the ICAF to State Active Duty to protect that business or U.S. citizen.