[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 162 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 162
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
January 9, 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
_______________________________________________________________________
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
``Sec. 10401. Definitions.
``Sec. 10402. Establishment.
``Sec. 10403. Organization.
``Sec. 10404. Assignments.
``Sec. 10405. Reservist continuing education.
``Sec. 10406. Congressional reports.
``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) Program.--The term `Program' means the program
established under section 10402(a).
``(4) 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, manage, and assign a reserve of
individuals with relevant skills and credentials, to be know as the
`National Digital Reserve Corps', to help address the digital and
cybersecurity needs of Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the date
of the enactment of this section, the Administrator shall issue
guidance for the National Digital Reserve Corps, which shall
include procedures for coordinating with 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;
``(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 Executive agencies to--
``(i) determine the digital and
cybersecurity needs which reservists shall be
assigned to address;
``(ii) ensure 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
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) Contents.--The agreement under subparagraph
(A) shall--
``(i) require the individual seeking to
become a reservist to serve as a reservist for
a three-year period, during which such
individual shall serve not less then 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 reservists, 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 non-discrimination
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 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.--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 determines that
subparagraph (A) should not apply with respect
to the failure.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may appoint,
without regard to the provisions of subchapter I of chapter 33
(other than sections 3303 and 3328) of this title, 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,
without regard to the provisions of subchapter I of
chapter 33 (other than sections 3303 and 3328),
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) 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 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 an Executive agency shall, to the extent
practicable, provide each active reservist assigned to address a
digital or cybersecurity need of such 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 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, including attending conferences and
seminars and obtaining certifications, that will enable reservists to
more effectively meet the digital and cybersecurity needs of 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 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 Executive agency that submitted the
request; and
``(B) the reservists assigned to such request.''.
(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 2025,
to carry out the program established under section 10402(a) of title 5,
United States Code, as added by this Act.
<all>