[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7505-S7507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4028. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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:

             ``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS

``Sec. 10301. Definitions.
``Sec. 10302. Establishment.
``Sec. 10303. Organization.
``Sec. 10304. Assignments.
``Sec. 10305. Reservist continuing education.
``Sec. 10306. Congressional reports.

     ``SEC. 10301. DEFINITIONS.

       ``In this chapter:
       ``(1) Active reservist.--The term `active reservist' means 
     a reservist occupying a position to which the reservist has 
     been appointed under section 10303(c)(2).
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of General Services.
       ``(3) Inactive reservist.--The term `inactive reservist' 
     means a reservist who is not serving in an appointment under 
     section 10303(c)(2).
       ``(4) Program.--The term `Program' means the program 
     established under section 10302(a).
       ``(5) Reservist.--The term `reservist' means an individual 
     who is a member of the National Digital Reserve Corps.

     ``SEC. 10302. ESTABLISHMENT.

       ``(a) Establishment.--There is established in the General 
     Services Administration a program, to be known as the 
     `National Digital Reserve Corps', to establish, manage, and 
     assign a reserve of individuals with relevant skills and 
     credentials to help address the digital and cybersecurity 
     needs of Executive agencies.
       ``(b) Implementation.--
       ``(1) Guidance.--Not later than 180 days after the date of 
     enactment of this section, the Administrator shall issue 
     guidance with respect to the Program, which shall include 
     procedures for coordinating with Executive agencies to--
       ``(A) identify digital and cybersecurity needs that may be 
     addressed by the National Digital Reserve Corps; and
       ``(B) assign active reservists to address the needs 
     identified under subparagraph (A).
       ``(2) Recruitment and initial assignments.--Not later than 
     180 days after the date of enactment of this section, the 
     Administrator shall begin--
       ``(A) recruiting individuals to serve as reservists; and
       ``(B) assigning active reservists under the Program.

     ``SEC. 10303. ORGANIZATION.

       ``(a) Administration.--
       ``(1) In general.--The National Digital Reserve Corps shall 
     be administered by the Administrator.

[[Page S7506]]

       ``(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 that 
     reservists shall be assigned to address;
       ``(ii) ensure that reservists have access, resources, and 
     equipment required to address the digital and cybersecurity 
     needs that those 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 that reservists acquire and maintain 
     appropriate suitability and security eligibility and access; 
     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 serve as a reservist 
     only if the individual enters into a written agreement with 
     the Administrator to serve as a reservist.
       ``(B) Contents.--An agreement described in subparagraph (A) 
     shall--
       ``(i) require the individual seeking to become a reservist 
     to serve as a reservist for a 3-year period, during which 
     that individual shall serve not less than 30 days per year as 
     an active reservist; and
       ``(ii) set forth all other rights and obligations of the 
     individual and the Administrator with respect to the service 
     of the individual described in clause (i) as a reservist.
       ``(2) Employee status and compensation.--
       ``(A) Employee status.--An inactive reservist shall not be 
     considered to be an employee for any purpose solely on the 
     basis of being a reservist.
       ``(B) Compensation.--The Administrator shall determine the 
     appropriate compensation for an individual serving as an 
     active reservist, except that the maximum rate of basic pay 
     may not exceed the maximum rate of basic pay payable for a 
     position at GS-15 of the General Schedule (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law).
       ``(3) USERRA employment and reemployment rights.--
       ``(A) In general.--The protections, rights, benefits, and 
     obligations under chapter 43 of title 38 shall apply to 
     active reservists appointed under subsection (c)(2) to--
       ``(i) perform service to the General Services 
     Administration under section 10304; or
       ``(ii) train for service described in clause (i) under 
     section 10305.
       ``(B) Notice of absence from position of employment.--
       ``(i) In general.--Preclusion of giving notice of service 
     by necessity of service under subsection (c)(2) to perform 
     service to the General Services Administration under section 
     10304, or to train for such service under section 10305, 
     shall be deemed preclusion by `military necessity' for 
     purposes of section 4312(b) of title 38 pertaining to giving 
     notice of absence from a position of employment.
       ``(ii) Determination.--A determination of a necessity 
     described in clause (i) shall be made by the Administrator 
     and shall not be subject to review in any judicial or 
     administrative proceeding.
       ``(4) Penalties.--
       ``(A) In general.--Subject to subparagraph (B), a reservist 
     who fails to accept an appointment under subsection (c)(2), 
     or who fails to carry out the duties assigned to the 
     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) the amounts, if any, paid under section 10305 with 
     respect to training expenses for the reservist; and
       ``(II) the difference between--

       ``(aa) the amount of compensation the reservist would have 
     received under paragraph (2) if the reservist completed the 
     entire term of service as a reservist agreed to in the 
     agreement described in paragraph (1); and
       ``(bb) the amount of compensation the reservist has 
     received under the agreement described in item (aa).
       ``(B) Exception.--With respect to the 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--
       ``(i) subparagraph (A) shall not apply if the failure was 
     due to the continuation, recurrence, or onset of a serious 
     health condition or any other circumstance beyond the control 
     of the reservist; and
       ``(ii) the Administrator may waive the application of 
     subparagraph (A), in whole or in part, if the Administrator 
     determines that applying subparagraph (A) with respect to the 
     failure would be against equity and good conscience and not 
     in the best interest of the United States.
       ``(c) Appointment 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, 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 to--
       ``(i) assign those reservists under section 10304; and
       ``(ii) otherwise carry out the Program.
       ``(B) Appointment limits.--
       ``(i) In general.--The Administrator may not appoint an 
     individual under this paragraph if, during the 1-year period 
     preceding the date on which the appointment is made, the 
     individual has been an officer or employee in the executive 
     or legislative branch of the United States Government, or of 
     any independent establishment, for not fewer than 130 days.
       ``(ii) Automatic appointment termination.--The appointment 
     of an individual under this paragraph shall terminate if the 
     individual has been employed as an officer or employee in the 
     executive or legislative branch of the United States 
     Government, or of any independent establishment, for 130 days 
     during the most recent 365-day period.
       ``(C) Employee status.--An individual appointed under this 
     paragraph shall be considered a special Government employee, 
     as that 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, the duties of whom relate to 
     the digital or cybersecurity needs of the General Services 
     Administration.

     ``SEC. 10304. 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 that Executive 
     agency under subsection (a) with any specialized access, 
     resources, supplies, or equipment required to address that 
     digital or cybersecurity need.
       ``(c) Duration.--The assignment of an individual under 
     subsection (a) shall terminate on the earlier of--
       ``(1) a 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 the 
     individual is assigned to address under subsection (a), that 
     the assignment should terminate; or
       ``(3) the date on which the assigned individual ceases to 
     be an active reservist.
       ``(d) Compliance.--The Administrator shall ensure that 
     assignments under subsection (a) are consistent with an 
     applicable Federal ethics rules and Federal appropriations 
     laws.

     ``SEC. 10305. 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 relating to the training or continuing education 
     described in subsection (a).
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this section, and annually thereafter, the 
     Administrator shall submit to Congress a report on the 
     expenditures made under this section.

     ``SEC. 10306. CONGRESSIONAL REPORTS.

       ``Not later than 2 years after the date of enactment of 
     this section, and annually thereafter, the Administrator 
     shall submit to Congress a report on the Program, including--
       ``(1) the number of reservists under the Program;
       ``(2) a list of Executive agencies that have submitted 
     requests for support under the Program;
       ``(3) the nature and status of the requests described in 
     paragraph (2); and
       ``(4) with respect to each request described in paragraph 
     (2) with respect to which active reservists have been 
     assigned, and for which work by the National Digital Reserve 
     Corps has concluded, an evaluation of that work (including 
     the results of that work) by--
       ``(A) the Executive agency that submitted the request; and
       ``(B) the reservists assigned to the request.''.
       (b) Clerical Amendment.--The table of chapters for subpart 
     I of part III of title 5, United States Code, is amended by 
     inserting after the item related to chapter 102 the 
     following:

``103. National Digital Reserve Corps......................10303''.....

[[Page S7507]]

  

       (c) Conforming Amendments.--
       (1) Service definitions.--Section 4303 of title 38, United 
     States Code, is amended--
       (A) in paragraph (13), by inserting ``, a period for which 
     a person is absent from a position of employment to perform 
     service to the General Services Administration as an active 
     reservist of the National Reserve Digital Corps under section 
     10304 of title 5, or inactive reservist training for such 
     service under section 10305 of title 5,'' before ``, and a 
     period''; and
       (B) in the second paragraph (16), by inserting ``, active 
     reservists of the National Reserve Digital Corps who are 
     appointed into General Services Administration service under 
     section 10303(c)(2) of title 5, or inactive reservist 
     training for such service under section 10305 of title 5,'' 
     before ``, and any other category''.
       (2) Reemployment service notice requirement.--Section 
     4312(b) of title 38, United States Code, is amended by 
     striking ``A determination of military necessity'' and all 
     that follows and inserting the following: ``A determination 
     of military necessity for the purposes of this subsection--
       ``(1) shall be made--
       ``(A) except as provided under subparagraph (B), (C), or 
     (D), pursuant to regulations prescribed by the Secretary of 
     Defense;
       ``(B) for persons performing service to the Federal 
     Emergency Management Agency under section 327 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5165f) and as intermittent personnel under section 
     306(b)(1) of such Act, by the Administrator of the Federal 
     Emergency Management Agency, as described in sections 
     327(j)(2) and 306(d)(2), respectively, of such Act;
       ``(C) for intermittent disaster-response appointees of the 
     National Disaster Medical System, by the Secretary of Health 
     and Human Services, as described in section 2812(d)(3)(B) of 
     the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B)); 
     and
       ``(D) for active reservists of the National Reserve Digital 
     Corps performing service to the General Services 
     Administration under section 10304 of title 5, or inactive 
     reservist training for such service under section 10305 of 
     title 5, by the Administrator of General Services, as 
     described in section 10303(b)(3)(B) of title 5; and
       ``(2) shall not be subject to judicial review.''.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator of General Services 
     $30,000,000, to remain available until fiscal year 2023, to 
     carry out the program established under section 10302(a) of 
     title 5, United States Code, as added by subsection (a).
                                 ______