I 
118TH CONGRESS 
1ST SESSION H. R. 3855 
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 
JUNE 6, 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, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Digital Re-
serve Corps Act’’. 
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SEC. 2. NATIONAL DIGITAL RESERVE CORPS. 
(a) IN GENERAL.—Subpart I of part III of title 5, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 104—NATIONAL DIGITAL 
RESERVE CORPS 
‘‘10401. Definitions. 
‘‘10402. Establishment. 
‘‘10403. Organization. 
‘‘10404. Assignments. 
‘‘10405. Reservist continuing education. 
‘‘10406. Congressional reports. 
‘‘10407. Construction. 
‘‘§ 10401. Definitions 
‘‘In this chapter: 
‘‘(1) ACTIVE RESERVIST.—The term ‘active re-
servist’ means a reservist holding a position to which 
such reservist has been appointed under section 
10403(c)(2). 
‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the General 
Services Administration. 
‘‘(3) COVERED EXECUTIVE AGENCY.—The term 
‘covered Executive agency’ means an Executive 
agency as defined in section 105, except that such 
term includes the United States Postal Service, the 
Postal Regulatory Commission, and the Executive 
Office of the President. 
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‘‘(4) PROGRAM.—The term ‘Program’ means 
the program established under section 10402(a). 
‘‘(5) RESERVIST.—The term ‘reservist’ means 
an individual who is a member of the National Dig-
ital Reserve Corps. 
‘‘§ 10402. Establishment 
‘‘(a) ESTABLISHMENT.—There is established in the 
General Services Administration a program to establish, 
recruit, manage, and assign a reserve of individuals with 
relevant skills and credentials, to be known as the ‘Na-
tional Digital Reserve Corps’, to help address the digital 
and cybersecurity needs of covered Executive agencies. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) GUIDANCE.—Not later than six months 
after the date of the enactment of this section, the 
Administrator, in consultation with the Director of 
the Office of Personnel Management, shall issue 
guidance for the National Digital Reserve Corps, 
which shall include procedures for coordinating with 
covered Executive agencies to— 
‘‘(A) identify digital and cybersecurity 
needs which may be addressed by the National 
Digital Reserve Corps; and 
‘‘(B) assign active reservists to address 
such needs. 
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‘‘(B) CONTESTS.—The agreement under 
subparagraph (A) shall— 
‘‘(i) require the individual seeking to 
become a reservist to serve as a reservist 
for a 3-year period, during which such in-
dividual shall serve not less than 30 days 
per year as an active reservist; and 
‘‘(ii) set forth all other the rights and 
obligations of the individual and the Gen-
eral Services Administration. 
‘‘(2) COMPENSATION.—The Administrator shall 
determine the appropriate compensation for service 
as a reservist, except that the annual pay for such 
service shall not exceed $10,000. 
‘‘(3) EMPLOYMENT
PROTECTIONS.—The Sec-
retary of Labor shall prescribe such regulations as 
necessary to ensure the reemployment, continuation 
of benefits, and nondiscrimination in reemployment 
of active reservists, provided that such regulations 
shall include, at a minimum, those rights and obliga-
tions set forth under chapter 43 of title 38. 
‘‘(4) PENALTIES.— 
‘‘(A) IN GENERAL.—A reservist that fails 
to accept an appointment under subsection 
(c)(2) or fails to carry out the duties assigned 
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to a reservist under such an appointment shall, 
after notice and an opportunity to be heard— 
‘‘(i) cease to be a reservist; and 
‘‘(ii) be fined an amount equal to the 
sum of— 
‘‘(I) an amount equal to the 
amounts, if any, paid under section 
10405 with respect to such reservist; 
and 
‘‘(II) the difference between the 
amount of compensation such reserv-
ist would have received if the reservist 
completed the entire term of service 
as a reservist agreed to in the agree-
ment described in paragraph (1) and 
the amount of compensation such re-
servist has received under such agree-
ment. 
‘‘(B) EXCEPTION.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply with respect to a failure of 
a reservist to accept an appointment under 
subsection (c)(2) or to carry out the duties 
assigned to the reservist under such an ap-
pointment if— 
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‘‘(I) the failure was due to the 
death or disability of such reservist; or 
‘‘(II) the Administrator, in con-
sultation with the head of the relevant 
covered Executive agency, determines 
that subparagraph (A) should not 
apply with respect to the failure. 
‘‘(ii) RELEVANT COVERED EXECUTIVE 
AGENCY DEFINED.—In this subparagraph, 
the term ‘relevant covered Executive agen-
cy’ means— 
‘‘(I) in the case of a reservist 
failing to accept an appointment 
under subsection (c)(2), the covered 
Executive agency to which such re-
servist would have been appointed; 
and 
‘‘(II) in the case of a reservist 
failing to carry out the duties as-
signed to such reservist under such an 
appointment, the covered Executive 
agency to which such reservist was 
appointed. 
‘‘(c) HIRING AUTHORITY.— 
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‘‘(1) CORPS LEADERSHIP.—The Administrator 
may appoint qualified candidates to positions in the 
competitive service in the General Service Adminis-
tration for which the primary duties are related to 
the management or administration of the National 
Digital Reserve Corps, as determined by the Admin-
istrator. 
‘‘(2) CORPS RESERVISTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
may appoint qualified reservists to temporary 
positions in the competitive service for the pur-
pose of assigning such reservists under section 
10404 and to otherwise carry out the National 
Digital Reserve Corps. 
‘‘(B) APPOINTMENT LIMITS.— 
‘‘(i) IN GENERAL.—The Administrator 
may not appoint an individual under this 
paragraph if, during the 365-day period 
ending on the date of such appointment, 
such individual has been an officer or em-
ployee of the executive or legislative branch 
of the United States Government, of any 
independent agency of the United States, 
or of the District of Columbia for not less 
than 130 days. 
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‘‘(ii) AUTOMATIC APPOINTMENT TER-
MINATION.—The appointment of an indi-
vidual under this paragraph shall termi-
nate upon such individual being employed 
as an officer or employee of the executive 
or legislative branch of the United States 
Government, of any independent agency of 
the United States, or of the District of Co-
lumbia for 130 days during the previous 
365 days. 
‘‘(C) EMPLOYEE
STATUS.—An individual 
appointed under this paragraph shall be consid-
ered a special Government employee (as such 
term is defined in section 202(a) of title 18). 
‘‘(D) CONFLICT
OF
INTEREST.—Individ-
uals appointed under this section shall not, as 
an active reservist, have access to proprietary or 
confidential information that is of commercial 
value to any private entity or individual employ-
ing such appointee. 
‘‘(E) ADDITIONAL
EMPLOYEES.—Individ-
uals appointed under this paragraph shall be in 
addition to any employees of the General Serv-
ices Administration whose duties relate to the 
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digital or cybersecurity needs of the General 
Services Administration. 
‘‘§ 10404. Assignments 
‘‘(a) IN GENERAL.—The Administrator may assign 
active reservists to address the digital and cybersecurity 
needs of covered Executive agencies, including cybersecu-
rity services, digital education and training, data triage, 
acquisition assistance, guidance on digital projects, devel-
opment of technical solutions, and bridging public needs 
and private sector capabilities. 
‘‘(b) ASSIGNMENT-SPECIFIC ACCESS, RESOURCES, 
SUPPLIES, OR EQUIPMENT.—The head of a covered Exec-
utive agency shall, to the extent practicable, provide each 
active reservist assigned to address a digital or cybersecu-
rity need of such covered Executive agency under sub-
section (a) with any specialized access, resources, supplies, 
or equipment required to address such digital or cyberse-
curity need. 
‘‘(c) DURATION.—An assignment of an individual 
under subsection (a) shall terminate on the earlier of— 
‘‘(1) the date determined by the Administrator; 
‘‘(2) the date on which the Administrator re-
ceives notification of the decision of the head of the 
covered Executive agency, the digital or cybersecu-
rity needs of which such individual is assigned to ad-
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dress under subsection (a), that such assignment 
should terminate; or 
‘‘(3) the date on which the assigned individual 
ceases to be an active reservist. 
‘‘§ 10405. Reservist continuing education 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Administrator may pay for reservists to 
acquire training and receive continuing education related 
to the duties assigned to such reservists pursuant to ap-
pointments under section 10403(c)(2), including attending 
conferences and seminars and obtaining certifications, 
that will enable reservists to more effectively meet the dig-
ital and cybersecurity needs of covered Executive agencies. 
‘‘(b) APPLICATION.—The Administrator shall estab-
lish a process for reservists to apply for the payment of 
reasonable expenses related to the training or continuing 
education described in subsection (a). 
‘‘(c) REPORT.—Not later than one year after the date 
of the enactment of this section, and annually thereafter, 
the Administrator shall submit to Congress a report on 
the expenditures under this subsection. 
‘‘§ 10406. Congressional reports 
‘‘Not later than two years after the date of the enact-
ment of this section, and annually thereafter, the Adminis-
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trator shall submit to Congress a report on the Program, 
including— 
‘‘(1) the number of reservists; 
‘‘(2) a list of covered Executive agencies that 
have submitted requests for support from the Na-
tional Digital Reserve Corps; 
‘‘(3) the nature and status of such requests; 
and 
‘‘(4) with respect to each such request to which 
active reservists have been assigned and for which 
work by the National Digital Reserve Corps has con-
cluded, an evaluation of such work and the results 
of such work by— 
‘‘(A) the covered Executive agency that 
submitted the request; and 
‘‘(B) the reservists assigned to such re-
quest. 
‘‘§ 10407. Construction 
‘‘Nothing in this chapter shall be construed to abro-
gate or otherwise affect the authorities or the responsibil-
ities of the head of any other Executive agency.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part III of title 5, United States Code, is amended 
by inserting after the item related to chapter 103 the fol-
lowing new item: 
‘‘104. National Digital Reserve Corps ..................................................... 10401’’. 
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(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $30,000,000, to remain 
available until fiscal year 2024 to carry out the program 
established under section 10402(a) of title 5, United 
States Code, as added by this section. 
SEC. 3. TRANSITION ASSISTANCE PROGRAM. 
Section 1142(b)(3) of title 10, United States Code, 
is amended by inserting ‘‘and the National Digital Reserve 
Corps’’ after ‘‘Selected Reserve’’. 
Æ 
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