[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2153 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2153

     To provide for the use of members of the Selected Reserve and 
    Individual Ready Reserve to respond to significant cyber events.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

  Mr. Peters introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
     To provide for the use of members of the Selected Reserve and 
    Individual Ready Reserve to respond to significant cyber events.

    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''.

SEC. 2. SELECTED RESERVE AND READY RESERVE ORDER TO ACTIVE DUTY TO 
              RESPOND TO A SIGNIFICANT CYBER INCIDENT.

    Section 12304 of title 10, United States Code, is amended--
            (1) in the subsection heading for subsection (a), by 
        striking ``Authority'' and inserting ``Operational Missions and 
        Other Emergencies'';
            (2) by redesignating subsections (c) through (j) as 
        subsections (d) through (k), respectively;
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Support for Covered Cyber Incidents.--The Secretary of 
Defense 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 or Individual Ready Reserve to active 
duty for a continuous period of not more than 365 days when the 
Secretary of Defense determines it is necessary to augment the active 
forces for a Department of Defense response to a covered incident.'';
            (4) in paragraph (1) of subsection (d), as redesignated by 
        paragraph (2) of this section, by inserting ``or subsection 
        (c)'' after ``subsection (b)'';
            (5) in subsection (h) (as so redesignated)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by striking ``Whenever any'' and inserting 
                ``(1) Whenever any''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(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, or any member of the Individual Ready Reserve, 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
            ``(B) law.''; and
            (6) in subsection (k) (as so redesignated)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) 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 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
                    ``(C) a significant incident declared pursuant to 
                section 2233 of the Homeland Security Act of 2002 (6 
                U.S.C. 677b).''.
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