[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3505 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3505
To amend title 10, United States Code, to authorize the ordering of
units of the Selected Reserve to active duty to respond to significant
cyber incidents, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 2023
Mr. Peters introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to authorize the ordering of
units of the Selected Reserve to active duty to respond to significant
cyber incidents, 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 ``Defense Support for Cyber
Emergencies Response Act of 2023''.
SEC. 2. SELECTED RESERVE ORDER TO ACTIVE DUTY TO RESPOND TO A
SIGNIFICANT CYBER INCIDENT.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``for any named
operational mission'';
(2) by redesignating subsections (c) through (j) as
subsections (d) through (k), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Authority Relating to Significant Cyber Incidents.--When the
Secretary of Defense or the Secretary of the department in which the
Coast Guard is operating determines that it is necessary to augment the
active armed forces for the response of the Department of Defense or
other department under which the Coast Guard is operating,
respectively, to a covered incident, such Secretary may, without the
consent of the member affected, order any unit, and any member not
assigned to a unit organized to serve as a unit of the Selected Reserve
(as defined in section 10143(a) of this title), under the respective
jurisdiction of such Secretary, to active duty for not more than 365
consecutive days.'';
(4) in paragraph (1) of subsection (d), as redesignated by
paragraph (2), by inserting ``or subsection (c)'' after
``subsection (b)'';
(5) in subsection (g), as redesignated by paragraph (2), by
inserting ``or subsection (c)'' after ``subsection (a)'';
(6) by amending subsection (h), as redesignated by
paragraph (2), to read as follows:
``(h) Termination of Duty.--(1) Whenever any unit of the Selected
Reserve or any member of the Selected Reserve not assigned to a unit
organized to serve as a unit, or any member of the Individual Ready
Reserve, is ordered to active duty under authority of subsection (a),
the service of all units or members so ordered to active duty may be
terminated by--
``(A) order of the President; or
``(B) law.
``(2) Whenever any unit of the Selected Reserve or any member of
the Selected Reserve not assigned to a unit organized to serve as a
unit is ordered to active duty under authority of subsection (c), the
service of all units or members so ordered to active duty may be
terminated by--
``(A) order of the Secretary of Defense or, with respect to
the Coast Guard, the Secretary of the Department in which the
Coast Guard is operating; or
``(B) law.''; and
(7) in subsection (k), as redesignated by paragraph (2)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting after the matter preceding
paragraph (2), as so redesignated, the following new
paragraph:
``(1) The term `covered incident' means--
``(A) a cyber incident involving a Department of
Defense information system, or a breach of a Department
of Defense system that involves personally identifiable
information, that the Secretary of Defense determines
is likely to result in demonstrable harm to the
national security interests, foreign relations, or the
economy of the United States, or to the public
confidence, civil liberties, or public health and
safety of the people of the United States;
``(B) a cyber incident involving a Department of
Homeland Security information system, or a breach of a
Department of Homeland Security system that involves
personally identifiable information, that the Secretary
of Homeland Security determines is likely to result in
demonstrable harm to the national security interests,
foreign relations, or the economy of the United States
or to the public confidence, civil liberties, or public
health and safety of the people of the United States;
``(C) a cyber incident, or collection of related
cyber incidents, that the President determines is
likely to result in demonstrable harm to the national
security interests, foreign relations, or economy of
the United States or to the public confidence, civil
liberties, or public health and safety of the people of
the United States; or
``(D) a significant incident declared pursuant to
section 2233 of the Homeland Security Act of 2002 (6
U.S.C. 677b).''.
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