Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2153 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 2153
55 To provide for the use of members of the Selected Reserve and Individual
66 Ready Reserve to respond to significant cyber events.
77 IN THE SENATE OF THE UNITED STATES
88 JUNE22, 2023
99 Mr. P
1010 ETERSintroduced the following bill; which was read twice and referred
1111 to the Committee on Armed Services
1212 A BILL
1313 To provide for the use of members of the Selected Reserve
1414 and Individual Ready Reserve to respond to significant
1515 cyber events.
1616 Be it enacted by the Senate and House of Representa-1
1717 tives of the United States of America in Congress assembled, 2
1818 SECTION 1. SHORT TITLE. 3
1919 This Act may be cited as the ‘‘Defense Support for 4
2020 Cyber Emergencies Response Act’’. 5
2121 SEC. 2. SELECTED RESERVE AND READY RESERVE ORDER 6
2222 TO ACTIVE DUTY TO RESPOND TO A SIGNIFI-7
2323 CANT CYBER INCIDENT. 8
2424 Section 12304 of title 10, United States Code, is 9
2525 amended— 10
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2929 (1) in the subsection heading for subsection (a), 1
3030 by striking ‘‘A
3131 UTHORITY’’ and inserting ‘‘OPER-2
3232 ATIONALMISSIONS ANDOTHEREMERGENCIES’’; 3
3333 (2) by redesignating subsections (c) through (j) 4
3434 as subsections (d) through (k), respectively; 5
3535 (3) by inserting after subsection (b) the fol-6
3636 lowing new subsection: 7
3737 ‘‘(c) S
3838 UPPORT FORCOVEREDCYBERINCIDENTS.— 8
3939 The Secretary of Defense may, without the consent of the 9
4040 member affected, order any unit, and any member not as-10
4141 signed to a unit organized to serve as a unit, of the Se-11
4242 lected Reserve or Individual Ready Reserve to active duty 12
4343 for a continuous period of not more than 365 days when 13
4444 the Secretary of Defense determines it is necessary to aug-14
4545 ment the active forces for a Department of Defense re-15
4646 sponse to a covered incident.’’; 16
4747 (4) in paragraph (1) of subsection (d), as redes-17
4848 ignated by paragraph (2) of this section, by insert-18
4949 ing ‘‘or subsection (c)’’ after ‘‘subsection (b)’’; 19
5050 (5) in subsection (h) (as so redesignated)— 20
5151 (A) by redesignating paragraphs (1) and 21
5252 (2) as subparagraphs (A) and (B), respectively; 22
5353 (B) by striking ‘‘Whenever any’’ and in-23
5454 serting ‘‘(1) Whenever any’’; and 24
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5858 (C) by adding at the end the following new 1
5959 paragraph: 2
6060 ‘‘(2) Whenever any unit of the Selected Reserve or 3
6161 any member of the Selected Reserve not assigned to a unit 4
6262 organized to serve as a unit, or any member of the Indi-5
6363 vidual Ready Reserve, is ordered to active duty under au-6
6464 thority of subsection (c), the service of all units or mem-7
6565 bers so ordered to active duty may be terminated by— 8
6666 ‘‘(A) order of the Secretary of Defense; or 9
6767 ‘‘(B) law.’’; and 10
6868 (6) in subsection (k) (as so redesignated)— 11
6969 (A) by redesignating paragraph (2) as 12
7070 paragraph (3); and 13
7171 (B) by inserting after paragraph (1) the 14
7272 following new paragraph: 15
7373 ‘‘(2) The term ‘covered incident’ means— 16
7474 ‘‘(A) a cyber incident involving a Depart-17
7575 ment of Defense information system, or a 18
7676 breach of a Department of Defense system that 19
7777 involves personally identifiable information, that 20
7878 the Secretary of Defense determines is likely to 21
7979 result in demonstrable harm to the national se-22
8080 curity interests, foreign relations, or the econ-23
8181 omy of the United States, or to the public con-24
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8585 fidence, civil liberties, or public health and safe-1
8686 ty of the people of the United States; 2
8787 ‘‘(B) a cyber incident or collection of re-3
8888 lated cyber incidents that the President deter-4
8989 mines is likely to result in demonstrable harm 5
9090 to the national security interests, foreign rela-6
9191 tions, or economy of the United States or to the 7
9292 public confidence, civil liberties, or public health 8
9393 and safety of the people of the United States; 9
9494 or 10
9595 ‘‘(C) a significant incident declared pursu-11
9696 ant to section 2233 of the Homeland Security 12
9797 Act of 2002 (6 U.S.C. 677b).’’. 13
9898 Æ
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