S2153-118

1. Short title This Act may be cited as the Defense Support for Cyber Emergencies Response Act.

2. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident Section 12304 of title 10, United States Code, is amended— in the subsection heading for subsection (a), by striking Authority and inserting Operational missions and other emergencies; by redesignating subsections (c) through (j) as subsections (d) through (k), respectively; by inserting after subsection (b) the following new subsection: The Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense determines it is necessary to augment the active forces for a Department of Defense response to a covered incident. in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting or subsection (c) after subsection (b); in subsection (h) (as so redesignated)— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; by striking Whenever any and inserting (1) Whenever any; and by adding at the end the following new paragraph: Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by— order of the Secretary of Defense; or law. in subsection (k) (as so redesignated)— by redesignating paragraph (2) as paragraph (3); and by inserting after paragraph (1) the following new paragraph: The term covered incident means— a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States; a cyber incident or collection of related cyber incidents that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b). (c)Support for covered cyber incidentsThe Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense determines it is necessary to augment the active forces for a Department of Defense response to a covered incident.; (2)Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by—(A)order of the Secretary of Defense; or (B)law.; and (2)The term covered incident means—(A)a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;(B)a cyber incident or collection of related cyber incidents that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or(C)a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b)..