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) introduced the following bill; which was referred to the Committee on Oversight 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. 

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 ‘‘National Digital Re5 serve Corps Act’’. 


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1 SEC. 2. NATIONAL DIGITAL RESERVE CORPS. 

2 (a) IN GENERAL.—Subpart I of part III of title 5, 

3 United States Code, is amended by adding at the end the 

4 following new chapter: 

5 ‘‘CHAPTER 104—NATIONAL DIGITAL 

6 RESERVE CORPS 

‘‘Sec. 10401. Definitions. 

‘‘Sec. 10402. Establishment. 

‘‘Sec. 10403. Organization. 

‘‘Sec. 10404. Assignments. 

‘‘Sec. 10405. Reservist continuing education. 

‘‘Sec. 10406. Congressional reports. 

7 ‘‘SEC. 10401. DEFINITIONS. 

8 ‘‘In this chapter: 

9 ‘‘(1) ACTIVE RESERVIST.—The term ‘active re10 servist’ means a reservist holding a position to which 

11 such reservist has been appointed under section 

12 10403(c)(2). 

13 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis14 trator’ means the Administrator of the General 

15 Services Administration. 

16 ‘‘(3) PROGRAM.—The term ‘Program’ means 

17 the program established under section 10402(a). 

18 ‘‘(4) RESERVIST.—The term ‘reservist’ means 

19 an individual who is a member of the National Dig20 ital Reserve Corps. 


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1 ‘‘SEC. 10402. ESTABLISHMENT. 

2 ‘‘(a) ESTABLISHMENT.—There is established in the 

3 General Services Administration a program to establish, 

4 manage, and assign a reserve of individuals with relevant 

5 skills and credentials, to be know as the ‘National Digital 

6 Reserve Corps’, to help address the digital and cybersecu7 rity needs of Executive agencies. 

8 ‘‘(b) IMPLEMENTATION.— 

9 ‘‘(1) GUIDANCE.—Not later than six months 

10 after the date of the enactment of this section, the 

11 Administrator shall issue guidance for the National 

12 Digital Reserve Corps, which shall include proce13 dures for coordinating with Executive agencies to— 

14 ‘‘(A) identify digital and cybersecurity 

15 needs which may be addressed by the National 

16 Digital Reserve Corps; and 

17 ‘‘(B) assign active reservists to address 

18 such needs. 

19 ‘‘(2) RECRUITMENT AND INITIAL ASSIGN20 MENTS.—Not later than one year after the date of 

21 the enactment of this section, the Administrator 

22 shall begin recruiting reservists and assigning active 

23 reservists under the Program. 

24 ‘‘SEC. 10403. ORGANIZATION. 

25 ‘‘(a) ADMINISTRATION.— 


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1 ‘‘(1) IN GENERAL.—The National Digital Re2 serve Corps shall be administered by the Adminis3 trator. 

4 ‘‘(2) RESPONSIBILITIES.—In carrying out the 

5 Program, the Administrator shall— 

6 ‘‘(A) establish standards for serving as a 

7 reservist, including educational attainment, pro8 fessional qualifications, and background checks; 

9 ‘‘(B) ensure the standards established 

10 under subparagraph (A) are met; 

11 ‘‘(C) recruit individuals to the National 

12 Digital Reserve Corps; 

13 ‘‘(D) activate and deactivate reservists as 

14 necessary; 

15 ‘‘(E) coordinate with Executive agencies 

16 to— 

17 ‘‘(i) determine the digital and cyberse18 curity needs which reservists shall be as19 signed to address; 

20 ‘‘(ii) ensure reservists have access, re21 sources, and equipment required to address 

22 digital and cybersecurity needs which such 

23 reservists are assigned to address; and 

24 ‘‘(iii) analyze potential assignments 

25 for reservists to determine outcomes, deVerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162

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1 velop anticipated assignment timelines, and 

2 identify Executive agency partners; 

3 ‘‘(F) ensure reservists acquire and main4 tain appropriate security clearances; and 

5 ‘‘(G) determine what additional resources, 

6 if any, are required to successfully implement 

7 the Program. 

8 ‘‘(b) NATIONAL DIGITAL RESERVE CORPS PARTICI9 PATION.— 

10 ‘‘(1) SERVICE OBLIGATION AGREEMENT.— 

11 ‘‘(A) IN GENERAL.—An individual may be12 come a reservist only if such individual enters 

13 into a written agreement with the Adminis14 trator to become a reservist. 

15 ‘‘(B) CONTENTS.—The agreement under 

16 subparagraph (A) shall— 

17 ‘‘(i) require the individual seeking to 

18 become a reservist to serve as a reservist 

19 for a three-year period, during which such 

20 individual shall serve not less then 30 days 

21 per year as an active reservist; and 

22 ‘‘(ii) set forth all other the rights and 

23 obligations of the individual and the Gen24 eral Services Administration. 


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1 ‘‘(2) COMPENSATION.—The Administrator shall 

2 determine the appropriate compensation for service 

3 as a reservists, except that the annual pay for such 

4 service shall not exceed $10,000. 

5 ‘‘(3) EMPLOYMENT PROTECTIONS.—The Sec6 retary of Labor shall prescribe such regulations as 

7 necessary to ensure the reemployment, continuation 

8 of benefits, and non-discrimination in reemployment 

9 of active reservists, provided that such regulations 

10 shall include, at a minimum, those rights and obliga11 tions set forth under chapter 43 of title 38. 

12 ‘‘(4) PENALTIES.— 

13 ‘‘(A) IN GENERAL.—A reservist that fails 

14 to accept an appointment under subsection 

15 (c)(2) or fails to carry out the duties assigned 

16 to reservist under such an appointment shall, 

17 after notice and an opportunity to be heard— 

18 ‘‘(i) cease to be a reservist; and 

19 ‘‘(ii) be fined an amount equal to the 

20 sum of— 

21 ‘‘(I) an amount equal to the 

22 amounts, if any, paid under section 

23 10405 with respect to such reservist, 

24 and 


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1 ‘‘(II) the difference between the 

2 amount of compensation such reserv3 ist would have received if the reservist 

4 completed the entire term of service 

5 as a reservist agreed to in the agree6 ment described in paragraph (1) and 

7 the amount of compensation such re8 servist has received under such agree9 ment. 

10 ‘‘(B) EXCEPTION.—Subparagraph (A) 

11 shall not apply with respect to a failure of a re12 servist to accept an appointment under sub13 section (c)(2) or to carry out the duties as14 signed to the reservist under such an appoint15 ment if— 

16 ‘‘(i) the failure was due to the death 

17 or disability of such reservist; or 

18 ‘‘(ii) the Administrator determines 

19 that subparagraph (A) should not apply 

20 with respect to the failure. 

21 ‘‘(c) HIRING AUTHORITY.— 

22 ‘‘(1) CORPS LEADERSHIP.—The Administrator 

23 may appoint, without regard to the provisions of 

24 subchapter I of chapter 33 (other than sections 

25 3303 and 3328) of this title, qualified candidates to 


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1 positions in the competitive service in the General 

2 Service Administration for which the primary duties 

3 are related to the management or administration of 

4 the National Digital Reserve Corps, as determined 

5 by the Administrator. 

6 ‘‘(2) CORPS RESERVISTS.— 

7 ‘‘(A) IN GENERAL.—The Administrator 

8 may appoint, without regard to the provisions 

9 of subchapter I of chapter 33 (other than sec10 tions 3303 and 3328), qualified reservists to 

11 temporary positions in the competitive service 

12 for the purpose of assigning such reservists 

13 under section 10404 and to otherwise carry out 

14 the National Digital Reserve Corps. 

15 ‘‘(B) APPOINTMENT LIMITS.— 

16 ‘‘(i) IN GENERAL.—The Administrator 

17 may not appoint an individual under this 

18 paragraph if, during the 365-day period 

19 ending on the date of such appointment, 

20 such individual has been an officer or em21 ployee of the executive or legislative branch 

22 of the United States Government, of any 

23 independent agency of the United States, 

24 or of the District of Columbia for not less 

25 than 130 days. 


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1 ‘‘(ii) AUTOMATIC APPOINTMENT TER2 MINATION.—The appointment of an indi3 vidual under this paragraph shall termi4 nate upon such individual being employed 

5 as an officer or employee of the executive 

6 or legislative branch of the United States 

7 Government, of any independent agency of 

8 the United States, or of the District of Co9 lumbia for 130 days during the previous 

10 365 days. 

11 ‘‘(C) EMPLOYEE STATUS.—An individual 

12 appointed under this paragraph shall be consid13 ered a special Government employee (as such 

14 term is defined in section 202(a) of title 18). 

15 ‘‘(D) ADDITIONAL EMPLOYEES.—Individ16 uals appointed under this paragraph shall be in 

17 addition to any employees of the General Serv18 ices Administration whose duties relate to the 

19 digital or cybersecurity needs of the General 

20 Services Administration. 

21 ‘‘SEC. 10404. ASSIGNMENTS. 

22 ‘‘(a) IN GENERAL.—The Administrator may assign 

23 active reservists to address the digital and cybersecurity 

24 needs of Executive agencies, including cybersecurity serv25 ices, digital education and training, data triage, acquisiVerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162

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1 tion assistance, guidance on digital projects, development 

2 of technical solutions, and bridging public needs and pri3 vate sector capabilities. 

4 ‘‘(b) ASSIGNMENT-SPECIFIC ACCESS, RESOURCES, 

5 SUPPLIES, OR EQUIPMENT.—The head of an Executive 

6 agency shall, to the extent practicable, provide each active 

7 reservist assigned to address a digital or cybersecurity 

8 need of such Executive agency under subsection (a) with 

9 any specialized access, resources, supplies, or equipment 

10 required to address such digital or cybersecurity need. 

11 ‘‘(c) DURATION.—An assignment of an individual 

12 under subsection (a) shall terminate on the earlier of— 

13 ‘‘(1) the date determined by the Administrator; 

14 ‘‘(2) the date on which the Administrator re15 ceives notification of the decision of the head of the 

16 Executive agency, the digital or cybersecurity needs 

17 of which such individual is assigned to address 

18 under subsection (a), that such assignment should 

19 terminate; or 

20 ‘‘(3) the date on which the assigned individual 

21 ceases to be an active reservist. 

22 ‘‘SEC. 10405. RESERVIST CONTINUING EDUCATION. 

23 ‘‘(a) IN GENERAL.—Subject to the availability of ap24 propriations, the Administrator may pay for reservists to 

25 acquire training and receive continuing education, includVerDate Sep 11 2014 07:02 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H162.IH H162

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1 ing attending conferences and seminars and obtaining cer2 tifications, that will enable reservists to more effectively 

3 meet the digital and cybersecurity needs of Executive 

4 agencies. 

5 ‘‘(b) APPLICATION.—The Administrator shall estab6 lish a process for reservists to apply for the payment of 

7 reasonable expenses related to the training or continuing 

8 education described in subsection (a). 

9 ‘‘(c) REPORT.—Not later than one year after the date 

10 of the enactment of this section, and annually thereafter, 

11 the Administrator shall submit to Congress a report on 

12 the expenditures under this subsection. 

13 ‘‘SEC. 10406. CONGRESSIONAL REPORTS. 

14 ‘‘Not later than two years after the date of the enact15 ment of this section, and annually thereafter, the Adminis16 trator shall submit to Congress a report on the Program, 

17 including— 

18 ‘‘(1) the number of reservists; 

19 ‘‘(2) a list of Executive agencies that have sub20 mitted requests for support from the National Dig21 ital Reserve Corps; 

22 ‘‘(3) the nature and status of such requests; 

23 and 

24 ‘‘(4) with respect to each such request to which 

25 active reservists have been assigned and for which 


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1 work by the National Digital Reserve Corps has con2 cluded, an evaluation of such work and the results 

3 of such work by— 

4 ‘‘(A) the Executive agency that submitted 

5 the request; and 

6 ‘‘(B) the reservists assigned to such re7 quest.’’. 

8 (b) CLERICAL AMENDMENT.—The table of chapters 

9 for part III of title 5, United States Code, is amended 

10 by inserting after the item related to chapter 103 the fol11 lowing new item: 

‘‘104. National Digital Reserve Corps .......................................10401’’. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $30,000,000, to remain 

14 available until fiscal year 2025, to carry out the program 

15 established under section 10402(a) of title 5, United 

16 States Code, as added by this Act. 

Æ 


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