[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3855 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3855
To amend title 5, United States Code, to establish a National Digital
Reserve Corps to help address the digital and cybersecurity needs of
Executive agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2023
Mr. Tony Gonzales of Texas (for himself and Ms. Kelly of Illinois)
introduced the following bill; which was referred to the Committee on
Oversight and Accountability, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to establish a National Digital
Reserve Corps to help address the digital and cybersecurity needs of
Executive agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Digital Reserve Corps
Act''.
SEC. 2. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 104--NATIONAL DIGITAL RESERVE CORPS
``10401. Definitions.
``10402. Establishment.
``10403. Organization.
``10404. Assignments.
``10405. Reservist continuing education.
``10406. Congressional reports.
``10407. Construction.
``Sec. 10401. Definitions
``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist holding a position to which such reservist has been
appointed under section 10403(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of the General Services Administration.
``(3) Covered executive agency.--The term `covered
Executive agency' means an Executive agency as defined in
section 105, except that such term includes the United States
Postal Service, the Postal Regulatory Commission, and the
Executive Office of the President.
``(4) Program.--The term `Program' means the program
established under section 10402(a).
``(5) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.
``Sec. 10402. Establishment
``(a) Establishment.--There is established in the General Services
Administration a program to establish, recruit, manage, and assign a
reserve of individuals with relevant skills and credentials, to be
known as the `National Digital Reserve Corps', to help address the
digital and cybersecurity needs of covered Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the date
of the enactment of this section, the Administrator, in
consultation with the Director of the Office of Personnel
Management, shall issue guidance for the National Digital
Reserve Corps, which shall include procedures for coordinating
with covered Executive agencies to--
``(A) identify digital and cybersecurity needs
which may be addressed by the National Digital Reserve
Corps; and
``(B) assign active reservists to address such
needs.
``(2) Recruitment and initial assignments.--Not later than
one year after the date of the enactment of this section, the
Administrator shall begin recruiting reservists and assigning
active reservists under the Program.
``Sec. 10403. Organization
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a
reservist, including educational attainment,
professional qualifications, and background checks in
accordance with existing Federal guidance;
``(B) ensure the standards established under
subparagraph (A) are met;
``(C) recruit individuals to the National Digital
Reserve Corps;
``(D) activate and deactivate reservists as
necessary;
``(E) coordinate with covered Executive agencies
to--
``(i) determine the digital and
cybersecurity needs which reservists shall be
assigned to address;
``(ii) ensure active reservists have
access, resources, and equipment required to
address digital and cybersecurity needs which
such reservists are assigned to address; and
``(iii) analyze potential assignments for
reservists to determine outcomes, develop
anticipated assignment timelines, and identify
covered Executive agency partners;
``(F) ensure reservists acquire and maintain
appropriate security clearances; and
``(G) determine what additional resources, if any,
are required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a
reservist only if such individual enters into a written
agreement with the Administrator to become a reservist.
``(B) Contests.--The agreement under subparagraph
(A) shall--
``(i) require the individual seeking to
become a reservist to serve as a reservist for
a 3-year period, during which such individual
shall serve not less than 30 days per year as
an active reservist; and
``(ii) set forth all other the rights and
obligations of the individual and the General
Services Administration.
``(2) Compensation.--The Administrator shall determine the
appropriate compensation for service as a reservist, except
that the annual pay for such service shall not exceed $10,000.
``(3) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and nondiscrimination
in reemployment of active reservists, provided that such
regulations shall include, at a minimum, those rights and
obligations set forth under chapter 43 of title 38.
``(4) Penalties.--
``(A) In general.--A reservist that fails to accept
an appointment under subsection (c)(2) or fails to
carry out the duties assigned to a reservist under such
an appointment shall, after notice and an opportunity
to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to the sum
of--
``(I) an amount equal to the
amounts, if any, paid under section
10405 with respect to such reservist;
and
``(II) the difference between the
amount of compensation such reservist
would have received if the reservist
completed the entire term of service as
a reservist agreed to in the agreement
described in paragraph (1) and the
amount of compensation such reservist
has received under such agreement.
``(B) Exception.--
``(i) In general.--Subparagraph (A) shall
not apply with respect to a failure of a
reservist to accept an appointment under
subsection (c)(2) or to carry out the duties
assigned to the reservist under such an
appointment if--
``(I) the failure was due to the
death or disability of such reservist;
or
``(II) the Administrator, in
consultation with the head of the
relevant covered Executive agency,
determines that subparagraph (A) should
not apply with respect to the failure.
``(ii) Relevant covered executive agency
defined.--In this subparagraph, the term
`relevant covered Executive agency' means--
``(I) in the case of a reservist
failing to accept an appointment under
subsection (c)(2), the covered
Executive agency to which such
reservist would have been appointed;
and
``(II) in the case of a reservist
failing to carry out the duties
assigned to such reservist under such
an appointment, the covered Executive
agency to which such reservist was
appointed.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may appoint
qualified candidates to positions in the competitive service in
the General Service Administration for which the primary duties
are related to the management or administration of the National
Digital Reserve Corps, as determined by the Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint
qualified reservists to temporary positions in the
competitive service for the purpose of assigning such
reservists under section 10404 and to otherwise carry
out the National Digital Reserve Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator may
not appoint an individual under this paragraph
if, during the 365-day period ending on the
date of such appointment, such individual has
been an officer or employee of the executive or
legislative branch of the United States
Government, of any independent agency of the
United States, or of the District of Columbia
for not less than 130 days.
``(ii) Automatic appointment termination.--
The appointment of an individual under this
paragraph shall terminate upon such individual
being employed as an officer or employee of the
executive or legislative branch of the United
States Government, of any independent agency of
the United States, or of the District of
Columbia for 130 days during the previous 365
days.
``(C) Employee status.--An individual appointed
under this paragraph shall be considered a special
Government employee (as such term is defined in section
202(a) of title 18).
``(D) Conflict of interest.--Individuals appointed
under this section shall not, as an active reservist,
have access to proprietary or confidential information
that is of commercial value to any private entity or
individual employing such appointee.
``(E) Additional employees.--Individuals appointed
under this paragraph shall be in addition to any
employees of the General Services Administration whose
duties relate to the digital or cybersecurity needs of
the General Services Administration.
``Sec. 10404. Assignments
``(a) In General.--The Administrator may assign active reservists
to address the digital and cybersecurity needs of covered Executive
agencies, including cybersecurity services, digital education and
training, data triage, acquisition assistance, guidance on digital
projects, development of technical solutions, and bridging public needs
and private sector capabilities.
``(b) Assignment-Specific Access, Resources, Supplies, or
Equipment.--The head of a covered Executive agency shall, to the extent
practicable, provide each active reservist assigned to address a
digital or cybersecurity need of such covered Executive agency under
subsection (a) with any specialized access, resources, supplies, or
equipment required to address such digital or cybersecurity need.
``(c) Duration.--An assignment of an individual under subsection
(a) shall terminate on the earlier of--
``(1) the date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the covered
Executive agency, the digital or cybersecurity needs of which
such individual is assigned to address under subsection (a),
that such assignment should terminate; or
``(3) the date on which the assigned individual ceases to
be an active reservist.
``Sec. 10405. Reservist continuing education
``(a) In General.--Subject to the availability of appropriations,
the Administrator may pay for reservists to acquire training and
receive continuing education related to the duties assigned to such
reservists pursuant to appointments under section 10403(c)(2),
including attending conferences and seminars and obtaining
certifications, that will enable reservists to more effectively meet
the digital and cybersecurity needs of covered Executive agencies.
``(b) Application.--The Administrator shall establish a process for
reservists to apply for the payment of reasonable expenses related to
the training or continuing education described in subsection (a).
``(c) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Administrator
shall submit to Congress a report on the expenditures under this
subsection.
``Sec. 10406. Congressional reports
``Not later than two years after the date of the enactment of this
section, and annually thereafter, the Administrator shall submit to
Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of covered Executive agencies that have
submitted requests for support from the National Digital
Reserve Corps;
``(3) the nature and status of such requests; and
``(4) with respect to each such request to which active
reservists have been assigned and for which work by the
National Digital Reserve Corps has concluded, an evaluation of
such work and the results of such work by--
``(A) the covered Executive agency that submitted
the request; and
``(B) the reservists assigned to such request.
``Sec. 10407. Construction
``Nothing in this chapter shall be construed to abrogate or
otherwise affect the authorities or the responsibilities of the head of
any other Executive agency.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by inserting after the item
related to chapter 103 the following new item:
``104. National Digital Reserve Corps....................... 10401''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000, to remain available until fiscal year 2024 to
carry out the program established under section 10402(a) of title 5,
United States Code, as added by this section.
SEC. 3. TRANSITION ASSISTANCE PROGRAM.
Section 1142(b)(3) of title 10, United States Code, is amended by
inserting ``and the National Digital Reserve Corps'' after ``Selected
Reserve''.
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