S.Amdt. 4028

SA 4028. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. 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:

``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS

``Sec. 10301. Definitions.
``Sec. 10302. Establishment.
``Sec. 10303. Organization.
``Sec. 10304. Assignments.
``Sec. 10305. Reservist continuing education.
``Sec. 10306. Congressional reports.

``SEC. 10301. DEFINITIONS.

``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist occupying a position to which the reservist has
been appointed under section 10303(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(3) Inactive reservist.--The term `inactive reservist'
means a reservist who is not serving in an appointment under
section 10303(c)(2).
``(4) Program.--The term `Program' means the program
established under section 10302(a).
``(5) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.

``SEC. 10302. ESTABLISHMENT.

``(a) Establishment.--There is established in the General
Services Administration a program, to be known as the
`National Digital Reserve Corps', to establish, manage, and
assign a reserve of individuals with relevant skills and
credentials to help address the digital and cybersecurity
needs of Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than 180 days after the date of
enactment of this section, the Administrator shall issue
guidance with respect to the Program, which shall include
procedures for coordinating with Executive agencies to--
``(A) identify digital and cybersecurity needs that may be
addressed by the National Digital Reserve Corps; and
``(B) assign active reservists to address the needs
identified under subparagraph (A).
``(2) Recruitment and initial assignments.--Not later than
180 days after the date of enactment of this section, the
Administrator shall begin--
``(A) recruiting individuals to serve as reservists; and
``(B) assigning active reservists under the Program.

``SEC. 10303. ORGANIZATION.

``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.

[[Page S7506]]

``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a reservist,
including educational attainment, professional
qualifications, and background checks;
``(B) ensure the standards established under subparagraph
(A) are met;
``(C) recruit individuals to the National Digital Reserve
Corps;
``(D) activate and deactivate reservists as necessary;
``(E) coordinate with Executive agencies to--
``(i) determine the digital and cybersecurity needs that
reservists shall be assigned to address;
``(ii) ensure that reservists have access, resources, and
equipment required to address the digital and cybersecurity
needs that those reservists are assigned to address; and
``(iii) analyze potential assignments for reservists to
determine outcomes, develop anticipated assignment timelines,
and identify Executive agency partners;
``(F) ensure that reservists acquire and maintain
appropriate suitability and security eligibility and access;
and
``(G) determine what additional resources, if any, are
required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may serve as a reservist
only if the individual enters into a written agreement with
the Administrator to serve as a reservist.
``(B) Contents.--An agreement described in subparagraph (A)
shall--
``(i) require the individual seeking to become a reservist
to serve as a reservist for a 3-year period, during which
that individual shall serve not less than 30 days per year as
an active reservist; and
``(ii) set forth all other rights and obligations of the
individual and the Administrator with respect to the service
of the individual described in clause (i) as a reservist.
``(2) Employee status and compensation.--
``(A) Employee status.--An inactive reservist shall not be
considered to be an employee for any purpose solely on the
basis of being a reservist.
``(B) Compensation.--The Administrator shall determine the
appropriate compensation for an individual serving as an
active reservist, except that the maximum rate of basic pay
may not exceed the maximum rate of basic pay payable for a
position at GS-15 of the General Schedule (including any
applicable locality-based comparability payment under section
5304 or similar provision of law).
``(3) USERRA employment and reemployment rights.--
``(A) In general.--The protections, rights, benefits, and
obligations under chapter 43 of title 38 shall apply to
active reservists appointed under subsection (c)(2) to--
``(i) perform service to the General Services
Administration under section 10304; or
``(ii) train for service described in clause (i) under
section 10305.
``(B) Notice of absence from position of employment.--
``(i) In general.--Preclusion of giving notice of service
by necessity of service under subsection (c)(2) to perform
service to the General Services Administration under section
10304, or to train for such service under section 10305,
shall be deemed preclusion by `military necessity' for
purposes of section 4312(b) of title 38 pertaining to giving
notice of absence from a position of employment.
``(ii) Determination.--A determination of a necessity
described in clause (i) shall be made by the Administrator
and shall not be subject to review in any judicial or
administrative proceeding.
``(4) Penalties.--
``(A) In general.--Subject to subparagraph (B), a reservist
who fails to accept an appointment under subsection (c)(2),
or who fails to carry out the duties assigned to the
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) the amounts, if any, paid under section 10305 with
respect to training expenses for the reservist; and
``(II) the difference between--

``(aa) the amount of compensation the reservist would have
received under paragraph (2) if the reservist completed the
entire term of service as a reservist agreed to in the
agreement described in paragraph (1); and
``(bb) the amount of compensation the reservist has
received under the agreement described in item (aa).
``(B) Exception.--With respect to the 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 appointment--
``(i) subparagraph (A) shall not apply if the failure was
due to the continuation, recurrence, or onset of a serious
health condition or any other circumstance beyond the control
of the reservist; and
``(ii) the Administrator may waive the application of
subparagraph (A), in whole or in part, if the Administrator
determines that applying subparagraph (A) with respect to the
failure would be against equity and good conscience and not
in the best interest of the United States.
``(c) Appointment Authority.--
``(1) Corps leadership.--The Administrator may appoint
qualified candidates to positions in the competitive service
in the General Service Administration for which the primary
duties are related to the management or administration of the
National Digital Reserve Corps, as determined by the
Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint, without
regard to the provisions of subchapter I of chapter 33 (other
than sections 3303 and 3328), qualified reservists to
temporary positions in the competitive service to--
``(i) assign those reservists under section 10304; and
``(ii) otherwise carry out the Program.
``(B) Appointment limits.--
``(i) In general.--The Administrator may not appoint an
individual under this paragraph if, during the 1-year period
preceding the date on which the appointment is made, the
individual has been an officer or employee in the executive
or legislative branch of the United States Government, or of
any independent establishment, for not fewer than 130 days.
``(ii) Automatic appointment termination.--The appointment
of an individual under this paragraph shall terminate if the
individual has been employed as an officer or employee in the
executive or legislative branch of the United States
Government, or of any independent establishment, for 130 days
during the most recent 365-day period.
``(C) Employee status.--An individual appointed under this
paragraph shall be considered a special Government employee,
as that term is defined in section 202(a) of title 18.
``(D) Additional employees.--Individuals appointed under
this paragraph shall be in addition to any employees of the
General Services Administration, the duties of whom relate to
the digital or cybersecurity needs of the General Services
Administration.

``SEC. 10304. ASSIGNMENTS.

``(a) In General.--The Administrator may assign active
reservists to address the digital and cybersecurity needs of
Executive agencies, including cybersecurity services, digital
education and training, data triage, acquisition assistance,
guidance on digital projects, development of technical
solutions, and bridging public needs and private sector
capabilities.
``(b) Assignment-specific Access, Resources, Supplies, or
Equipment.--The head of an Executive agency shall, to the
extent practicable, provide each active reservist assigned to
address a digital or cybersecurity need of that Executive
agency under subsection (a) with any specialized access,
resources, supplies, or equipment required to address that
digital or cybersecurity need.
``(c) Duration.--The assignment of an individual under
subsection (a) shall terminate on the earlier of--
``(1) a date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the Executive
agency, the digital or cybersecurity needs of which the
individual is assigned to address under subsection (a), that
the assignment should terminate; or
``(3) the date on which the assigned individual ceases to
be an active reservist.
``(d) Compliance.--The Administrator shall ensure that
assignments under subsection (a) are consistent with an
applicable Federal ethics rules and Federal appropriations
laws.

``SEC. 10305. RESERVIST CONTINUING EDUCATION.

``(a) In General.--Subject to the availability of
appropriations, the Administrator may pay for reservists to
acquire training and receive continuing education, including
attending conferences and seminars and obtaining
certifications, that will enable reservists to more
effectively meet the digital and cybersecurity needs of
Executive agencies.
``(b) Application.--The Administrator shall establish a
process for reservists to apply for the payment of reasonable
expenses relating to the training or continuing education
described in subsection (a).
``(c) Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report on the
expenditures made under this section.

``SEC. 10306. CONGRESSIONAL REPORTS.

``Not later than 2 years after the date of enactment of
this section, and annually thereafter, the Administrator
shall submit to Congress a report on the Program, including--
``(1) the number of reservists under the Program;
``(2) a list of Executive agencies that have submitted
requests for support under the Program;
``(3) the nature and status of the requests described in
paragraph (2); and
``(4) with respect to each request described in paragraph
(2) with respect to which active reservists have been
assigned, and for which work by the National Digital Reserve
Corps has concluded, an evaluation of that work (including
the results of that work) by--
``(A) the Executive agency that submitted the request; and
``(B) the reservists assigned to the request.''.
(b) Clerical Amendment.--The table of chapters for subpart
I of part III of title 5, United States Code, is amended by
inserting after the item related to chapter 102 the
following:

``103. National Digital Reserve Corps......................10303''.....

[[Page S7507]]

(c) Conforming Amendments.--
(1) Service definitions.--Section 4303 of title 38, United
States Code, is amended--
(A) in paragraph (13), by inserting ``, a period for which
a person is absent from a position of employment to perform
service to the General Services Administration as an active
reservist of the National Reserve Digital Corps under section
10304 of title 5, or inactive reservist training for such
service under section 10305 of title 5,'' before ``, and a
period''; and
(B) in the second paragraph (16), by inserting ``, active
reservists of the National Reserve Digital Corps who are
appointed into General Services Administration service under
section 10303(c)(2) of title 5, or inactive reservist
training for such service under section 10305 of title 5,''
before ``, and any other category''.
(2) Reemployment service notice requirement.--Section
4312(b) of title 38, United States Code, is amended by
striking ``A determination of military necessity'' and all
that follows and inserting the following: ``A determination
of military necessity for the purposes of this subsection--
``(1) shall be made--
``(A) except as provided under subparagraph (B), (C), or
(D), pursuant to regulations prescribed by the Secretary of
Defense;
``(B) for persons performing service to the Federal
Emergency Management Agency under section 327 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165f) and as intermittent personnel under section
306(b)(1) of such Act, by the Administrator of the Federal
Emergency Management Agency, as described in sections
327(j)(2) and 306(d)(2), respectively, of such Act;
``(C) for intermittent disaster-response appointees of the
National Disaster Medical System, by the Secretary of Health
and Human Services, as described in section 2812(d)(3)(B) of
the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B));
and
``(D) for active reservists of the National Reserve Digital
Corps performing service to the General Services
Administration under section 10304 of title 5, or inactive
reservist training for such service under section 10305 of
title 5, by the Administrator of General Services, as
described in section 10303(b)(3)(B) of title 5; and
``(2) shall not be subject to judicial review.''.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator of General Services
$30,000,000, to remain available until fiscal year 2023, to
carry out the program established under section 10302(a) of
title 5, United States Code, as added by subsection (a).
______