[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3855 Introduced in House (IH)]

<DOC>






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''.
                                 <all>