II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defense Support for 

5 Cyber Emergencies Response Act of 2023’’. 

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1 SEC. 2. SELECTED RESERVE ORDER TO ACTIVE DUTY TO 

2 RESPOND TO A SIGNIFICANT CYBER INCI3 DENT. 

4 Section 12304 of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘for any 

7 named operational mission’’; 

8 (2) by redesignating subsections (c) through (j) 

9 as subsections (d) through (k), respectively; 

10 (3) by inserting after subsection (b) the fol11 lowing new subsection: 

12 ‘‘(c) AUTHORITY RELATING TO SIGNIFICANT CYBER

13 INCIDENTS.—When the Secretary of Defense or the Sec14 retary of the department in which the Coast Guard is op15 erating determines that it is necessary to augment the ac16 tive armed forces for the response of the Department of 

17 Defense or other department under which the Coast 

18 Guard is operating, respectively, to a covered incident, 

19 such Secretary may, without the consent of the member 

20 affected, order any unit, and any member not assigned 

21 to a unit organized to serve as a unit of the Selected Re22 serve (as defined in section 10143(a) of this title), under 

23 the respective jurisdiction of such Secretary, to active duty 

24 for not more than 365 consecutive days.’’; 

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1 (4) in paragraph (1) of subsection (d), as redes2 ignated by paragraph (2), by inserting ‘‘or sub3 section (c)’’ after ‘‘subsection (b)’’; 

4 (5) in subsection (g), as redesignated by para5 graph (2), by inserting ‘‘or subsection (c)’’ after 

6 ‘‘subsection (a)’’; 

7 (6) by amending subsection (h), as redesignated 

8 by paragraph (2), to read as follows: 

9 ‘‘(h) TERMINATION OF DUTY.—(1) Whenever any 

10 unit of the Selected Reserve or any member of the Selected 

11 Reserve not assigned to a unit organized to serve as a 

12 unit, or any member of the Individual Ready Reserve, is 

13 ordered to active duty under authority of subsection (a), 

14 the service of all units or members so ordered to active 

15 duty may be terminated by— 

16 ‘‘(A) order of the President; or 

17 ‘‘(B) law. 

18 ‘‘(2) Whenever any unit of the Selected Reserve or 

19 any member of the Selected Reserve not assigned to a unit 

20 organized to serve as a unit is ordered to active duty under 

21 authority of subsection (c), the service of all units or mem22 bers so ordered to active duty may be terminated by— 

23 ‘‘(A) order of the Secretary of Defense or, with 

24 respect to the Coast Guard, the Secretary of the De25 partment in which the Coast Guard is operating; or 

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1 ‘‘(B) law.’’; and 

2 (7) in subsection (k), as redesignated by para3 graph (2)— 

4 (A) by redesignating paragraphs (1) and 

5 (2) as paragraphs (2) and (3), respectively; and 

6 (B) by inserting after the matter preceding 

7 paragraph (2), as so redesignated, the following 

8 new paragraph: 

9 ‘‘(1) The term ‘covered incident’ means— 

10 ‘‘(A) a cyber incident involving a Depart11 ment of Defense information system, or a 

12 breach of a Department of Defense system that 

13 involves personally identifiable information, that 

14 the Secretary of Defense determines is likely to 

15 result in demonstrable harm to the national se16 curity interests, foreign relations, or the econ17 omy of the United States, or to the public con18 fidence, civil liberties, or public health and safe19 ty of the people of the United States; 

20 ‘‘(B) a cyber incident involving a Depart21 ment of Homeland Security information system, 

22 or a breach of a Department of Homeland Se23 curity system that involves personally identifi24 able information, that the Secretary of Home25 land Security determines is likely to result in 

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1 demonstrable harm to the national security in2 terests, foreign relations, or the economy of the 

3 United States or to the public confidence, civil 

4 liberties, or public health and safety of the peo5 ple of the United States; 

6 ‘‘(C) a cyber incident, or collection of re7 lated cyber incidents, that the President deter8 mines is likely to result in demonstrable harm 

9 to the national security interests, foreign rela10 tions, or economy of the United States or to the 

11 public confidence, civil liberties, or public health 

12 and safety of the people of the United States; 

13 or 

14 ‘‘(D) a significant incident declared pursu15 ant to section 2233 of the Homeland Security 

16 Act of 2002 (6 U.S.C. 677b).’’. 

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