Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB3505 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 3505
5	5	To amend title 10, United States Code, to authorize the ordering of units
6	6	of the Selected Reserve to active duty to respond to significant cyber
7	7	incidents, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	DECEMBER13, 2023
10	10	Mr. P
11	11	ETERSintroduced the following bill; which was read twice and referred
12	12	to the Committee on Armed Services
13	13	A BILL
14	14	To amend title 10, United States Code, to authorize the
15	15	ordering of units of the Selected Reserve to active duty
16	16	to respond to significant cyber incidents, and for other
17	17	purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Defense Support for 4
22	22	Cyber Emergencies Response Act of 2023’’. 5
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24	24	•S 3505 IS
25	25	SEC. 2. SELECTED RESERVE ORDER TO ACTIVE DUTY TO 1
26	26	RESPOND TO A SIGNIFICANT CYBER INCI-2
27	27	DENT. 3
28	28	Section 12304 of title 10, United States Code, is 4
29	29	amended— 5
30	30	(1) in subsection (a), by striking ‘‘for any 6
31	31	named operational mission’’; 7
32	32	(2) by redesignating subsections (c) through (j) 8
33	33	as subsections (d) through (k), respectively; 9
34	34	(3) by inserting after subsection (b) the fol-10
35	35	lowing new subsection: 11
36	36	‘‘(c) A
37	37	UTHORITYRELATING TOSIGNIFICANTCYBER 12
38	38	I
39	39	NCIDENTS.—When the Secretary of Defense or the Sec-13
40	40	retary of the department in which the Coast Guard is op-14
41	41	erating determines that it is necessary to augment the ac-15
42	42	tive armed forces for the response of the Department of 16
43	43	Defense or other department under which the Coast 17
44	44	Guard is operating, respectively, to a covered incident, 18
45	45	such Secretary may, without the consent of the member 19
46	46	affected, order any unit, and any member not assigned 20
47	47	to a unit organized to serve as a unit of the Selected Re-21
48	48	serve (as defined in section 10143(a) of this title), under 22
49	49	the respective jurisdiction of such Secretary, to active duty 23
50	50	for not more than 365 consecutive days.’’; 24
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52	52	•S 3505 IS
53	53	(4) in paragraph (1) of subsection (d), as redes-1
54	54	ignated by paragraph (2), by inserting ‘‘or sub-2
55	55	section (c)’’ after ‘‘subsection (b)’’; 3
56	56	(5) in subsection (g), as redesignated by para-4
57	57	graph (2), by inserting ‘‘or subsection (c)’’ after 5
58	58	‘‘subsection (a)’’; 6
59	59	(6) by amending subsection (h), as redesignated 7
60	60	by paragraph (2), to read as follows: 8
61	61	‘‘(h) T
62	62	ERMINATION OF DUTY.—(1) Whenever any 9
63	63	unit of the Selected Reserve or any member of the Selected 10
64	64	Reserve not assigned to a unit organized to serve as a 11
65	65	unit, or any member of the Individual Ready Reserve, is 12
66	66	ordered to active duty under authority of subsection (a), 13
67	67	the service of all units or members so ordered to active 14
68	68	duty may be terminated by— 15
69	69	‘‘(A) order of the President; or 16
70	70	‘‘(B) law. 17
71	71	‘‘(2) Whenever any unit of the Selected Reserve or 18
72	72	any member of the Selected Reserve not assigned to a unit 19
73	73	organized to serve as a unit is ordered to active duty under 20
74	74	authority of subsection (c), the service of all units or mem-21
75	75	bers so ordered to active duty may be terminated by— 22
76	76	‘‘(A) order of the Secretary of Defense or, with 23
77	77	respect to the Coast Guard, the Secretary of the De-24
78	78	partment in which the Coast Guard is operating; or 25
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80	80	•S 3505 IS
81	81	‘‘(B) law.’’; and 1
82	82	(7) in subsection (k), as redesignated by para-2
83	83	graph (2)— 3
84	84	(A) by redesignating paragraphs (1) and 4
85	85	(2) as paragraphs (2) and (3), respectively; and 5
86	86	(B) by inserting after the matter preceding 6
87	87	paragraph (2), as so redesignated, the following 7
88	88	new paragraph: 8
89	89	‘‘(1) The term ‘covered incident’ means— 9
90	90	‘‘(A) a cyber incident involving a Depart-10
91	91	ment of Defense information system, or a 11
92	92	breach of a Department of Defense system that 12
93	93	involves personally identifiable information, that 13
94	94	the Secretary of Defense determines is likely to 14
95	95	result in demonstrable harm to the national se-15
96	96	curity interests, foreign relations, or the econ-16
97	97	omy of the United States, or to the public con-17
98	98	fidence, civil liberties, or public health and safe-18
99	99	ty of the people of the United States; 19
100	100	‘‘(B) a cyber incident involving a Depart-20
101	101	ment of Homeland Security information system, 21
102	102	or a breach of a Department of Homeland Se-22
103	103	curity system that involves personally identifi-23
104	104	able information, that the Secretary of Home-24
105	105	land Security determines is likely to result in 25
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107	107	•S 3505 IS
108	108	demonstrable harm to the national security in-1
109	109	terests, foreign relations, or the economy of the 2
110	110	United States or to the public confidence, civil 3
111	111	liberties, or public health and safety of the peo-4
112	112	ple of the United States; 5
113	113	‘‘(C) a cyber incident, or collection of re-6
114	114	lated cyber incidents, that the President deter-7
115	115	mines is likely to result in demonstrable harm 8
116	116	to the national security interests, foreign rela-9
117	117	tions, or economy of the United States or to the 10
118	118	public confidence, civil liberties, or public health 11
119	119	and safety of the people of the United States; 12
120	120	or 13
121	121	‘‘(D) a significant incident declared pursu-14
122	122	ant to section 2233 of the Homeland Security 15
123	123	Act of 2002 (6 U.S.C. 677b).’’. 16
124	124	Æ
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