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S. 2153Senate118th Congress (2023-2025)In Committee

Defense Support for Cyber Emergencies Response Act

Sponsored by Gary C. PetersSen. Gary C. Peters (D-MI)
Introduced June 22, 2023

AI-Generated Summary

Updated January 20, 2026 at 9:22 AM UTC

The Defense Support for Cyber Emergencies Response Act lets the Secretary of Defense order members of the Selected Reserve and Individual Ready Reserve to active duty to help respond to major cyber incidents. Orders can last up to 365 days and do not require the member’s consent. The bill defines which cyber events qualify as “covered incidents” and applies to reserve personnel not currently assigned to a unit.

Key Provisions

  • Adds a new subsection allowing the Secretary of Defense to activate Selected Reserve or Individual Ready Reserve members for up to one year to support a Department of Defense response to a covered cyber incident, without the member’s consent.
  • Defines “covered incident” as a DoD cyber incident causing potential harm to national security, foreign relations, the economy, public confidence, civil liberties, or public health, or a cyber incident the President deems similarly harmful, or a significant incident declared under the Homeland Security Act.
  • Allows the Secretary of Defense (or law) to terminate the active‑duty service of any reserve members ordered under this authority.
  • Re‑numbers and re‑labels existing subsections of 10 U.S.C. § 12304 to accommodate the new provisions.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 22, 2023

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SenateIntro Referral

Introduced in Senate

June 22, 2023

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 22, 2023

Bill Text

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Introduced in SenateIssued June 22, 2023

II

118th CONGRESS

1st Session

S. 2153

IN THE SENATE OF THE UNITED STATES

June 22, 2023

Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To provide for the use of members of the Selected Reserve and Individual Ready Reserve to respond to significant cyber events.

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—

(1)

in the subsection heading for subsection (a), by striking Authority and inserting Operational missions and other emergencies;

(2)

by redesignating subsections (c) through (j) as subsections (d) through (k), respectively;

(3)

by inserting after subsection (b) the following new subsection:

(c)

Support for covered cyber incidents

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.

;

(4)

in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting or subsection (c) after subsection (b);

(5)

in subsection (h) (as so redesignated)—

(A)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(B)

by striking Whenever any and inserting (1) Whenever any; and

(C)

by adding at the end the following new paragraph:

(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

(6)

in subsection (k) (as so redesignated)—

(A)

by redesignating paragraph (2) as paragraph (3); and

(B)

by inserting after paragraph (1) the following new paragraph:

(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).

.