[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3505 Introduced in Senate (IS)]

<DOC>






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).''.
                                 <all>