National Digital Reserve Corps Act

I 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) intro- duced the following bill; which was referred to the Committee on Over- sight 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Digital Re- 4 serve Corps Act’’. 5 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 162 IH SEC. 2. NATIONAL DIGITAL RESERVE CORPS. 1 (a) IN GENERAL.—Subpart I of part III of title 5, 2 United States Code, is amended by adding at the end the 3 following new chapter: 4 ‘‘CHAPTER 104—NATIONAL DIGITAL 5 RESERVE CORPS 6 ‘‘Sec. 10401. Definitions. ‘‘Sec. 10402. Establishment. ‘‘Sec. 10403. Organization. ‘‘Sec. 10404. Assignments. ‘‘Sec. 10405. Reservist continuing education. ‘‘Sec. 10406. Congressional reports. ‘‘SEC. 10401. DEFINITIONS. 7 ‘‘In this chapter: 8 ‘‘(1) ACTIVE RESERVIST.—The term ‘active re- 9 servist’ means a reservist holding a position to which 10 such reservist has been appointed under section 11 10403(c)(2). 12 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- 13 trator’ means the Administrator of the General 14 Services Administration. 15 ‘‘(3) PROGRAM.—The term ‘Program’ means 16 the program established under section 10402(a). 17 ‘‘(4) RESERVIST.—The term ‘reservist’ means 18 an individual who is a member of the National Dig- 19 ital Reserve Corps. 20 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 162 IH ‘‘SEC. 10402. ESTABLISHMENT. 1 ‘‘(a) ESTABLISHMENT.—There is established in the 2 General Services Administration a program to establish, 3 manage, and assign a reserve of individuals with relevant 4 skills and credentials, to be know as the ‘National Digital 5 Reserve Corps’, to help address the digital and cybersecu- 6 rity needs of Executive agencies. 7 ‘‘(b) IMPLEMENTATION.— 8 ‘‘(1) GUIDANCE.—Not later than six months 9 after the date of the enactment of this section, the 10 Administrator shall issue guidance for the National 11 Digital Reserve Corps, which shall include proce- 12 dures for coordinating with Executive agencies to— 13 ‘‘(A) identify digital and cybersecurity 14 needs which may be addressed by the National 15 Digital Reserve Corps; and 16 ‘‘(B) assign active reservists to address 17 such needs. 18 ‘‘(2) RECRUITMENT AND INITIAL ASSIGN- 19 MENTS.—Not later than one year after the date of 20 the enactment of this section, the Administrator 21 shall begin recruiting reservists and assigning active 22 reservists under the Program. 23 ‘‘SEC. 10403. ORGANIZATION. 24 ‘‘(a) ADMINISTRATION.— 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 162 IH ‘‘(1) IN GENERAL.—The National Digital Re- 1 serve Corps shall be administered by the Adminis- 2 trator. 3 ‘‘(2) RESPONSIBILITIES.—In carrying out the 4 Program, the Administrator shall— 5 ‘‘(A) establish standards for serving as a 6 reservist, including educational attainment, pro- 7 fessional qualifications, and background checks; 8 ‘‘(B) ensure the standards established 9 under subparagraph (A) are met; 10 ‘‘(C) recruit individuals to the National 11 Digital Reserve Corps; 12 ‘‘(D) activate and deactivate reservists as 13 necessary; 14 ‘‘(E) coordinate with Executive agencies 15 to— 16 ‘‘(i) determine the digital and cyberse- 17 curity needs which reservists shall be as- 18 signed to address; 19 ‘‘(ii) ensure reservists have access, re- 20 sources, and equipment required to address 21 digital and cybersecurity needs which such 22 reservists are assigned to address; and 23 ‘‘(iii) analyze potential assignments 24 for reservists to determine outcomes, de- 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 162 IH velop anticipated assignment timelines, and 1 identify Executive agency partners; 2 ‘‘(F) ensure reservists acquire and main- 3 tain appropriate security clearances; and 4 ‘‘(G) determine what additional resources, 5 if any, are required to successfully implement 6 the Program. 7 ‘‘(b) NATIONAL DIGITAL RESERVE CORPS PARTICI- 8 PATION.— 9 ‘‘(1) SERVICE OBLIGATION AGREEMENT.— 10 ‘‘(A) IN GENERAL.—An individual may be- 11 come a reservist only if such individual enters 12 into a written agreement with the Adminis- 13 trator to become a reservist. 14 ‘‘(B) CONTENTS.—The agreement under 15 subparagraph (A) shall— 16 ‘‘(i) require the individual seeking to 17 become a reservist to serve as a reservist 18 for a three-year period, during which such 19 individual shall serve not less then 30 days 20 per year as an active reservist; and 21 ‘‘(ii) set forth all other the rights and 22 obligations of the individual and the Gen- 23 eral Services Administration. 24 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 162 IH ‘‘(2) COMPENSATION.—The Administrator shall 1 determine the appropriate compensation for service 2 as a reservists, except that the annual pay for such 3 service shall not exceed $10,000. 4 ‘‘(3) EMPLOYMENT PROTECTIONS.—The Sec- 5 retary of Labor shall prescribe such regulations as 6 necessary to ensure the reemployment, continuation 7 of benefits, and non-discrimination in reemployment 8 of active reservists, provided that such regulations 9 shall include, at a minimum, those rights and obliga- 10 tions set forth under chapter 43 of title 38. 11 ‘‘(4) PENALTIES.— 12 ‘‘(A) IN GENERAL.—A reservist that fails 13 to accept an appointment under subsection 14 (c)(2) or fails to carry out the duties assigned 15 to reservist under such an appointment shall, 16 after notice and an opportunity to be heard— 17 ‘‘(i) cease to be a reservist; and 18 ‘‘(ii) be fined an amount equal to the 19 sum of— 20 ‘‘(I) an amount equal to the 21 amounts, if any, paid under section 22 10405 with respect to such reservist, 23 and 24 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 162 IH ‘‘(II) the difference between the 1 amount of compensation such reserv- 2 ist would have received if the reservist 3 completed the entire term of service 4 as a reservist agreed to in the agree- 5 ment described in paragraph (1) and 6 the amount of compensation such re- 7 servist has received under such agree- 8 ment. 9 ‘‘(B) EXCEPTION.—Subparagraph (A) 10 shall not apply with respect to a failure of a re- 11 servist to accept an appointment under sub- 12 section (c)(2) or to carry out the duties as- 13 signed to the reservist under such an appoint- 14 ment if— 15 ‘‘(i) the failure was due to the death 16 or disability of such reservist; or 17 ‘‘(ii) the Administrator determines 18 that subparagraph (A) should not apply 19 with respect to the failure. 20 ‘‘(c) HIRING AUTHORITY.— 21 ‘‘(1) CORPS LEADERSHIP.—The Administrator 22 may appoint, without regard to the provisions of 23 subchapter I of chapter 33 (other than sections 24 3303 and 3328) of this title, qualified candidates to 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 162 IH positions in the competitive service in the General 1 Service Administration for which the primary duties 2 are related to the management or administration of 3 the National Digital Reserve Corps, as determined 4 by the Administrator. 5 ‘‘(2) CORPS RESERVISTS.— 6 ‘‘(A) IN GENERAL.—The Administrator 7 may appoint, without regard to the provisions 8 of subchapter I of chapter 33 (other than sec- 9 tions 3303 and 3328), qualified reservists to 10 temporary positions in the competitive service 11 for the purpose of assigning such reservists 12 under section 10404 and to otherwise carry out 13 the National Digital Reserve Corps. 14 ‘‘(B) APPOINTMENT LIMITS.— 15 ‘‘(i) IN GENERAL.—The Administrator 16 may not appoint an individual under this 17 paragraph if, during the 365-day period 18 ending on the date of such appointment, 19 such individual has been an officer or em- 20 ployee of the executive or legislative branch 21 of the United States Government, of any 22 independent agency of the United States, 23 or of the District of Columbia for not less 24 than 130 days. 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 162 IH ‘‘(ii) AUTOMATIC APPOINTMENT TER- 1 MINATION.—The appointment of an indi- 2 vidual under this paragraph shall termi- 3 nate upon such individual being employed 4 as an officer or employee of the executive 5 or legislative branch of the United States 6 Government, of any independent agency of 7 the United States, or of the District of Co- 8 lumbia for 130 days during the previous 9 365 days. 10 ‘‘(C) EMPLOYEE STATUS.—An individual 11 appointed under this paragraph shall be consid- 12 ered a special Government employee (as such 13 term is defined in section 202(a) of title 18). 14 ‘‘(D) ADDITIONAL EMPLOYEES.—Individ- 15 uals appointed under this paragraph shall be in 16 addition to any employees of the General Serv- 17 ices Administration whose duties relate to the 18 digital or cybersecurity needs of the General 19 Services Administration. 20 ‘‘SEC. 10404. ASSIGNMENTS. 21 ‘‘(a) IN GENERAL.—The Administrator may assign 22 active reservists to address the digital and cybersecurity 23 needs of Executive agencies, including cybersecurity serv- 24 ices, digital education and training, data triage, acquisi- 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 162 IH tion assistance, guidance on digital projects, development 1 of technical solutions, and bridging public needs and pri- 2 vate sector capabilities. 3 ‘‘(b) ASSIGNMENT-SPECIFIC ACCESS, RESOURCES, 4 SUPPLIES, OR EQUIPMENT.—The head of an Executive 5 agency shall, to the extent practicable, provide each active 6 reservist assigned to address a digital or cybersecurity 7 need of such Executive agency under subsection (a) with 8 any specialized access, resources, supplies, or equipment 9 required to address such digital or cybersecurity need. 10 ‘‘(c) DURATION.—An assignment of an individual 11 under subsection (a) shall terminate on the earlier of— 12 ‘‘(1) the date determined by the Administrator; 13 ‘‘(2) the date on which the Administrator re- 14 ceives notification of the decision of the head of the 15 Executive agency, the digital or cybersecurity needs 16 of which such individual is assigned to address 17 under subsection (a), that such assignment should 18 terminate; or 19 ‘‘(3) the date on which the assigned individual 20 ceases to be an active reservist. 21 ‘‘SEC. 10405. RESERVIST CONTINUING EDUCATION. 22 ‘‘(a) IN GENERAL.—Subject to the availability of ap- 23 propriations, the Administrator may pay for reservists to 24 acquire training and receive continuing education, includ- 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 162 IH ing attending conferences and seminars and obtaining cer- 1 tifications, that will enable reservists to more effectively 2 meet the digital and cybersecurity needs of Executive 3 agencies. 4 ‘‘(b) APPLICATION.—The Administrator shall estab- 5 lish a process for reservists to apply for the payment of 6 reasonable expenses related to the training or continuing 7 education described in subsection (a). 8 ‘‘(c) REPORT.—Not later than one year after the date 9 of the enactment of this section, and annually thereafter, 10 the Administrator shall submit to Congress a report on 11 the expenditures under this subsection. 12 ‘‘SEC. 10406. CONGRESSIONAL REPORTS. 13 ‘‘Not later than two years after the date of the enact- 14 ment of this section, and annually thereafter, the Adminis- 15 trator shall submit to Congress a report on the Program, 16 including— 17 ‘‘(1) the number of reservists; 18 ‘‘(2) a list of Executive agencies that have sub- 19 mitted requests for support from the National Dig- 20 ital Reserve Corps; 21 ‘‘(3) the nature and status of such requests; 22 and 23 ‘‘(4) with respect to each such request to which 24 active reservists have been assigned and for which 25 VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 162 IH work by the National Digital Reserve Corps has con- 1 cluded, an evaluation of such work and the results 2 of such work by— 3 ‘‘(A) the Executive agency that submitted 4 the request; and 5 ‘‘(B) the reservists assigned to such re- 6 quest.’’. 7 (b) CLERICAL AMENDMENT.—The table of chapters 8 for part III of title 5, United States Code, is amended 9 by inserting after the item related to chapter 103 the fol- 10 lowing new item: 11 ‘‘104. National Digital Reserve Corps .......................................10401’’. (c) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated $30,000,000, to remain 13 available until fiscal year 2025, to carry out the program 14 established under section 10402(a) of title 5, United 15 States Code, as added by this Act. 16 Æ VerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H162.IH H162 kjohnson on DSK79L0C42PROD with BILLS