SB3240sam002 103RD GENERAL ASSEMBLY

Sen. Mike Porfirio

Filed: 4/18/2024

10300SB3240sam002 LRB103 38061 BDA 72302 a

AMENDMENT TO SENATE BILL 3240

AMENDMENT NO. ______. Amend Senate Bill 3240, AS AMENDED, by inserting at the end of the bill the following:

"Section 15. 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 may 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 a disaster 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 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.".