FY2023 NDAA: Cyber Personnel Policies
October 4, 2022
Over the past decade, Congress, the Department of Defense (DOD), and other federal agencies
have engaged in several initiatives to enhance cyber defense and warfighting capabilities and
Kristy N. Kamarck
build a workforce with the technical skills needed to protect and manage digital infrastructure.
Specialist in Military
The House-passed (H.R. 7900) and Senate Armed Services Committee (SASC)-reported (S.
Manpower
4543) National Defense Authorization Act for Fiscal Year 2023 (FY2023 NDAA) include
several provisions that relate to recruiting, retention, and career management of DOD military
Catherine A. Theohary
and civilian personnel in cyber career fields. These provisions fall into three broad categories.
Specialist in National
Security Policy, Cyber and
Reserve component (RC) and civilian staffing in response to cyber threats;
Information Operations
Reviews of cyber personnel policies, strategy and planning; and
Cyber-related education and training for DOD’s workforce.
Hibbah Kaileh
Research Assistant
In legislative deliberations around the FY2023 NDAA, Congress may consider how these
proposals intersect with existing federal authorities and programs related to the cyber workforce.
Several of the proposed provisions would seek more clarity on DOD organization, plans,
processes, and ongoing implementation of cyber workforce initiatives through periodic reports
and briefings to Congress. These proposed assessments may augment or overlap with prior congressionally mandated reports
or ongoing reviews. A selected list of proposed reporting requirements, deadlines, and responsible officials is provided in the
Appendix of this report.
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Contents
Background ..................................................................................................................................... 1
Cyber Mission Force ................................................................................................................. 1
Cyber Excepted Service ............................................................................................................ 2
Selected Provisions in the FY2023 NDAA ..................................................................................... 2
Discussion ....................................................................................................................................... 4
Reserve Component and Civilian Staffing in Response to Cyber Threats ................................ 4
Reviews of cyber personnel policies, strategy, and planning .................................................... 5
Education and Training of DOD’s Cyber Workforce ................................................................ 7
Tables
Table 1. Selected FY2023 NDAA Provisions Related to Cyber Personnel ..................................... 3
Table A-1. Selected Reporting Requirements Proposed in the FY2023 NDAA ............................. 9
Appendixes
Appendix. Selected Reporting Requirements .................................................................................. 9
Contacts
Author Information ........................................................................................................................ 13
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FY2023 NDAA: Cyber Personnel Policies
Background
The Department of Defense (DOD) first established the U.S. Cyber Command (USCYBERCOM,
or CYBERCOM) as a subordinate command under the U.S. Strategic Command
(USSTRATCOM) in 2010 in response to the growing national cyber threat. Congress elevated
CYBERCOM to a unified combatant command as part of the National Defense Authorization Act
for FY2017 (FY2017 NDAA).1 The military services (Army, Navy, Air Force, Marines Corps,
and Space Force) are responsible for manning, training, and equipping units assigned to
CYBERCOM. These units make up the Cyber Mission Force (CMF), which executes the
command’s mission to direct, synchronize, and coordinate cyberspace operations in defense of
U.S. national interests.2
Cyber Mission Force
The CMF undertakes three types of missions in cyberspace:3
Offensive cyberspace operations – missions intended to project power in and
through cyberspace.
Defensive cyberspace operations – missions to preserve the ability to use
cyberspace capabilities and protect data, networks, cyberspace-enabled devices,
and other designated systems by defeating ongoing or imminent malicious
cyberspace activity.
Department of Defense Information Network (DODIN) operations –
operational actions taken to secure, configure, operate, extend, maintain, and
sustain DOD cyberspace and to create and preserve the confidentiality,
availability, and integrity of the DODIN.4
The CMF’s 133 teams comprise approximately 6,000 servicemembers and civilians, including
reserve component personnel on active duty.5 Reportedly, according to FY2021 budget
documents, DOD expects the CMF to add 14 more teams to the existing 133 between FY2022
and FY2024, with four teams to be added in FY2022 and five in FY2023.6 The growth is
1 P.L. 114-328 §923; 10 U.S.C. §167b; U.S. Cyber Command, Our History, at
https://www.cybercom.mil/About/History/. Cyberspace is defined by DOD in a global domain within the information
environment consisting of the interdependent network of information technology infrastructures and resident data,
including the internet, telecommunications networks, computer systems, and embedded processors and controllers. For
additional information, see CRS In Focus IF10537, Defense Primer: Cyberspace Operations, by Catherine A.
Theohary.
2 U.S. Army Cyber Command, “DOD Fact Sheet: Cyber Mission Force,” February 10, 2020, at
https://www.arcyber.army.mil/Info/Fact-Sheets/Fact-Sheet-View-Page/Article/2079594/dod-fact-sheet-cyber-mission-
force/.
3 Department of Defense Joint Publication 3-12 Cyberspace Operations, June 8, 2018, available at
https://www.jcs.mil/Portals/36/Documents/Doctrine/pubs/jp3_12.pdf.
4 Ibid. The DODIN is the set of information capabilities and associated processes for collecting, processing, storing,
disseminating, and managing information on-demand to warfighters, policy makers, and support personnel, whether
interconnected or stand-alone, including owned and leased communications and computing systems and services,
software (including applications), data, security services, other associated services, and national security systems.
5 For more information on the Reserve Component, see CRS In Focus IF10540, Defense Primer: Reserve Forces, by
Lawrence Kapp.
6 Mark Pomerleau, “Army adding more cyber teams,” FEDSCOOP, August 17, 2022 at
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expected to add about 600 people, a 10% increase, to the CMF.7 The new CMF teams are to
include both civilian and military personnel. Each military service is responsible for recruiting
and training their own CMF units. CYBERCOM has reported that it is in the process of
centralizing advanced cyber training, with the Army serving as the executive agent.8
While the CMF is CYBERCOMS’s arm for operating in cyberspace as a warfighting domain,
other cyber-related professionals, both military and civilian, make up the overall DOD cyber
workforce. The Office of the Chief Information Officer oversees the management of DOD
information technology and cybersecurity elements of the DOD cyberspace workforce.9 Formerly
known as the information assurance workforce, the cybersecurity workforce is defined in DOD
Directive 8140.01 as “personnel who secure, defend, and preserve data, networks, net-centric
capabilities, and other designated systems by ensuring appropriate security controls and measures
are in place, and taking internal defense actions.”10
Cyber Excepted Service
The Cyber Excepted Service (CES) is a DOD enterprise-wide personnel system for managing
defense civilians in the cyber workforce.11 Congress established the authorities for this system as
part of the FY2016 NDAA, in part to provide DOD with flexible tools to attract and retain
civilians with in-demand cyber skills.12 Prior to this law being enacted a majority of cyber
positions were in the competitive service; certain existing competitive service employees were
offered the opportunity to convert to CES.13 The DOD Chief Information Officer (CIO) is
responsible for developing CES policy and providing recommended policy issuances to the
Undersecretary of Defense for Personnel and Readiness. According to the DOD CIO’s office,
there are currently 15,000 department employees in the CES, and the Department plans to expand
the number of CES positions in coming years.14
Selected Provisions in the FY2023 NDAA
Since the creation of CYBERCOM, Congress has demonstrated concern about whether adequate
resources, policies, and programs are in place to support a cyber-capable workforce. The House-
https://www.fedscoop.com/army-adding-more-cyber-teams/.
7 C. Todd Lopez, "Cyber Mission Force Set to Add More Teams," DOD News, April 6, 2022, at
https://www.defense.gov/News/News-Stories/Article/Article/2991699/cyber-mission-force-set-to-add-more-teams/.
8 Testimony of U.S. Cyber Command Commander General Paul M. Nakasone, in U.S. Congress, Senate Armed
Services Committee, United States Special Operations Command and United States Cyber Command, hearings, 117th
Congress, 1st sess., March 25, 2021, at https://www.armed-services.senate.gov/imo/media/doc/Nakasone_03-25-21.pdf.
9 DOD doctrine uses both “cyber workforce” and “cyberspace workforce” as umbrella terms to denote DOD cyber
personnel. For example, see https://dodcio.defense.gov/Cyber-Workforce/CWM.aspx.
10 Department of Defense Directive 8140.01 Cyberspace Workforce Management, October 5, 2020. Available at
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/814001p.pdf. The term “information assurance”
was removed from the DOD Dictionary of Military and Associated Terms.
11 For more information, see CRS In Focus IF11510, Defense Primer: Department of Defense Civilian Employees, by
Alan Ott.
12 P.L. 114-92 §1106; 10 U.S.C. §1599f.
13 David Knapp et al., Employee Conversions to the Cyber Excepted Service, RAND Corporation, Assessing Factors
and Characteristics Related to Personnel Conversion Decisions, Santa Monica, CA, 2021.
14 Justin Doubleday, White House developing cyber workforce strategy to be more ‘action oriented,’ September 9,
2022, Available at https://federalnewsnetwork.com/cybersecurity/2022/09/white-house-developing-cyber-workforce-
strategy-to-be-more-action-oriented/.
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passed (H.R. 7900) and Senate Armed Services Committee (SASC)-reported (S. 4543) National
Defense Authorization Act for Fiscal Year 2023 (FY2023 NDAA) include several provisions that
relate to recruiting, retention, and career management of DOD military and civilian personnel in
cyber career fields (see Table 1).
Provisions in the FY2023 NDAA related to cyber personnel fall into three broad categories:
reserve component (RC) and civilian staffing in response to cyber threats;
reviews of cyber personnel policies, strategy and planning; and
cyber-related education and training for DOD’s workforce.
Table 1. Selected FY2023 NDAA Provisions Related to Cyber Personnel
House-passed (H.R. 7900)
SASC-Reported (S. 4543)
Reserve component (RC) and civilian staffing in response to cyber threats
No similar provision
Section 512 would authorize the Secretary of Defense
to order reserve units to active duty to respond to a
significant cyber incident for a continuous period of up
to 365 days.
No similar provision
Section 1112 would establish a civilian cybersecurity
reserve pilot project to provide manpower to U.S.
Cyber Command.
Section 1533 would require DOD to conduct a
Section 1114 would require DOD to report annually
comprehensive review of the Cyber Excepted Service
on Cyber Excepted Service positions.
policies, including personnel compensation and
advancement.
Reviews of cyber personnel policies, strategy and planning
Section 1606 would require a DOD study on the
responsibilities of the military services for organizing,
training, and presenting the total force to CYBERCOM.
Section 1531 would require DOD annual reports to be
Section 1603 would require the Secretary of Defense
submitted with the President’s budget request on CMF
and the Chairman of the Joint Chiefs of Staff to develop
readiness and the adequacy of policies, plans,
a plan and recommendations to address CMF personnel
procedures, and the execution of manning, training, and readiness shortfalls.
equipping the CMF starting in FY2024.
Section 1610 would require a review of certain cyber
operations personnel policies, including recruitment,
retention, professional military education, personnel
data sharing, structures, and departmental guidance and
processes.
Section 1503 would direct the Secretary of the Navy to Section 1625 would require the Secretary of the Navy
establish and sustain certain Cyber Warfare career
to report on recommendations for improving cyber
designators as well as a training pipeline and
career paths in the Navy.
implementation plan.
Section 1532 would require an independent review of
No similar provision
the staffing levels of DOD’s Office of the Chief
Information Officer (CIO).
Education and Training
Section 1535 would establish a “Hacking for National
No similar provision
Security and Public Service Innovation Program”
(H4NSPSI) to, in part, support the development and
acquisition of cyber talent in the federal workforce.
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House-passed (H.R. 7900)
SASC-Reported (S. 4543)
Section 558 would require the Secretary of Defense to
No similar provision
establish a consortium of military and civilian education
institutions to provide a forum to share information on
matters of cybersecurity.
No similar provision
Section 1111 would establish a program to provide
financial support for the pursuit of programs in
disciplines related to cyber or digital technology at
institutions of higher education.
Source: CRS analysis of legislation on Congress.gov.
Notes: Several provisions in the House-passed and SASC-reported bil would address other aspects of military
cyber policy beyond the scope of this product, including: organizational structure, roles, and missions; cyber
warfighting architecture; strategy alignment and interagency coordination; cyber innovation incentives; and
foreign military cooperation.
Discussion
Reserve Component and Civilian Staffing in Response to Cyber
Threats
Some experts have called for leveraging the Reserve Component (RC) to meet increased demand
for cyber personnel. A 2017 RAND study found that tens of thousands of reservists either have
cyber expertise or are able to easily acquire cyber-related skills through civilian-based training,
and many express a desire to use these skills in the military.15 In a March 2021 Senate Armed
Services Committee Hearing, CYBERCOM Commander Paul Nakasone called the ability to
bring on personnel with relevant private-sector expertise “invaluable.”16 Provisions in the SASC-
reported version of the FY2023 NDAA would expand authorities for activating RC members and
hiring civilians to respond to “significant cyber incidents.”17 Section 512 of the SASC-reported
bill would amend 10 U.S.C. §12304 to authorize the Secretary of Defense to involuntarily
activate individuals in the Selected Reserve and Individual Ready Reserve for up to 365
continuous days to respond to such events.18 There are no similar provisions in the House bill.
15 Isaac R. Porche III, Caolionn O'Connell, John S. Davis II, et al., Cyber Power Potential of the Army's Reserve
Component. Santa Monica, CA: RAND Corporation, 2017, at
https://www.rand.org/pubs/research_reports/RR1490.html.
16 Testimony of U.S. Cyber Command Commander General Paul M. Nakasone, in U.S. Congress, Senate Armed
Services Committee, United States Special Operations Command and United States Cyber Command, hearings, 117th
Congress, 1st sess., March 25, 2021, at https://www.armed-services.senate.gov/imo/media/doc/Nakasone_03-25-21.pdf.
17 Presidential Policy Directive/PPD-41 United States Cyber Incident Coordination defines a significant cyber incident
as one that 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 American people.” July
26, 2016, at https://obamawhitehouse.archives.gov/the-press-office/2016/07/26/presidential-policy-directive-united-
states-cyber-incident.
18 10 U.S.C. §12304 currently authorizes the President to involuntarily mobilize reservists for certain emergencies
related to “use or threatened use of a weapon of mass destruction” or “a terrorist attack or threatened terrorist attack in
the United States that results, or could result, in significant loss of life or property.” For more information, see CRS
Report RL30802, Reserve Component Personnel Issues: Questions and Answers, by Lawrence Kapp and Barbara
Salazar Torreon.
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Section 1112 of the SASC-reported bill would require the Secretary of the Army to establish a
four-year “Civilian Cybersecurity Reserve” pilot project to augment the CYBERCOM
workforce.19 This pilot authority would allow the Army to establish criteria for selection into the
Civilian Cybersecurity Reserve and would allow for noncompetitive temporary appointments of
up to 50 personnel into the competitive service (under 5 U.S.C. §2102) and excepted service
(under 5 U.S.C. §2103).20
Title 10 of the U.S. Code includes some existing special authorities that allow DOD to recruit,
retain, and develop individuals with cyber or information technology skills. These Cyber
Excepted Service (CES) authorities were intended in part to give DOD more flexibility when
hiring for cyber and IT jobs.21 While provisions in the House-passed and SASC-reported bills
would not amend CES authorities, they would require review of CES policies and positions.
Section 1533 of H.R. 7900 would require a comprehensive review of pay and compensation
disparities between CES and the private sector, eligibility criteria for participation in CES, and
whether there are limitations on the mobility and advancement of civilians in CES. Section 1114
of the SASC-reported bill would require DOD to report annually on CES positions, workforce
planning, training, and other aspects of the use and effectiveness of existing authorities.
Reviews of cyber personnel policies, strategy, and planning
The House-passed and SASC-reported bills call for several assessments, reports, and briefings on
the state of the cyber workforce and plans for the recruitment, retention, and career management
of this force (see Appendix for a list of reporting requirements). Congress might consider how
these provisions would build on or overlap with research and analysis efforts from prior
congressionally mandated reviews, for example, the “zero-based review” (ZBR) of the cyber and
information technology personnel” required section 1652 of the FY2020 NDAA (P.L. 116-92), or
reports and briefings regarding cyber personnel education matters required by section 1506 of the
FY2022 NDAA (P.L. 117-81) 22
Section 1531 of the House bill would require the CYBERCOM Commander to submit a report in
conjunction with the President’s annual budget request to Congress23 that evaluates the support by
military departments for cyberspace operations, and CMF capability, readiness, and resourcing.
This reporting requirement would go into effect in the FY2024 budget cycle. The FY2021 NDAA
also delegates responsibility to the CYBERCOM commander for directly controlling and
19 The congressionally mandated National Commission on Military, National, and Public Service recommended such a
project in 2020. National Commission on Military, National, and Public Service, Inspired to Serve, March 2020, p. 81,
at https://www.volckeralliance.org/sites/default/files/attachments/Final%20Report%20-
%20National%20Commission.pdf.
20 For more on federal civilian service see CRS Report R45635, Categories of Federal Civil Service Employment: A
Snapshot, by Jon O. Shimabukuro and Jennifer A. Staman.
21 P.L. 114-92 §1107; 10 U.S.C. §1599f.
22 A zero-based review is defined in this context as “review in which an assessment is conducted with each item,
position, or person costed anew, rather than in relation to its size or status in any previous budget.” DOD reported in
April 2021 that component-level ZBR reviews and recommendations were to be completed by December 2021 and
reported to the Congress by June 2022. See Senate Armed Services Committee, Statement by John Sherman, Acting
Chief Information Officer for DOD Before the Senate Armed Services Committee on Cyber Workforce, April 21, 2021;
and Molly McIntosh et al., Support to the DOD Cyber Workforce Zero-Based Review; Developing a Repeatable
Process for Conducting ZBRs within DOD, RAND Corporation, Santa Monica, CA, 2022.
23 31 U.S.C. §1105.
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managing the planning, programming, budgeting, and execution (PPBE) of resources starting in
the FY2024 budget cycle.24
Several proposals in the SASC-reported bill would require DOD to consider how it staffs and
trains the cyber workforce and what the roles and responsibilities of the military services are in
this regard. Section 1603 of the SASC-reported bill would require DOD to develop a plan to
address CMF “readiness shortfalls” with recommendations for legislative action in areas, such as
promotion, assignment, training, and compensation authorities. Section 1610 of the SASC-
reported bill would require DOD to review and report on policies related to the CYBERCOM
Commander’s authority under 10 U.S.C. §167b to monitor “the promotion of cyber operation
forces and coordinating with the military departments regarding the assignment, retention,
training, professional military education, and special and incentive pays of cyber operation
forces.”25
Section 1606 of the SASC-reported bill would require DOD to consider a new force generation
model for CYBERCOM.26 This study would include consideration of use of the RC and
nonmilitary personnel27 to support CMF teams, along with different training models. The
CYBERCOM Commander would be responsible for providing a proposed force generation plan
to the Secretary of Defense no later than June 1, 2024, and the Secretary would be required to
submit an implementation plan to Congress no later than June 1, 2025. This provision of the
SASC-reported bill also explicitly directs the Secretary of Defense to consider whether the Navy
should continue to be involved in developing and providing personnel and resources to
CYBERCOM. In recent years, some observers identified the Navy as the least capable of the
military services for cyberspace operations and cybersecurity.28 The Navy is the only military
branch without service-retained offensive cyber units and according to critics, lacks sufficient
cyber capabilities, forces, and training.29 Navy leadership views cyber operations as a joint
endeavor, relying on other services’ warfighting capabilities with support from its cryptologic
warfare officers whose mission differs from that of other cyber operators.30
Other provisions in the House-passed and SASC-reported bill would specifically address the
Navy’s cyber career paths. Section 1503 of the House-passed bill would direct the Secretary of
the Navy to establish and sustain a specific Cyber Warfare Operations career field for uniformed
personnel, including a training pipeline and implementation plan. The Navy does not currently
have a dedicated military occupational specialty (called a designator for officers or rating for
enlisted members) for cyber operations. The House bill would prohibit the Navy from assigning
servicemembers with non-cyber designators or ratings to a CMF after June 1, 2024. Some critics
24 P.L. 117-81 §1507. For more on PPBE, see CRS Report R47178, DOD Planning, Programming, Budgeting, and
Execution (PPBE): Overview and Selected Issues for Congress, by Brendan W. McGarry.
25 10 U.S.C. §167b.
26 A force generation model is a structured process for providing trained personnel to meet service or joint operational
needs.
27 Section 1606 describes nonmilitary personnel as “civilian government employees, contracted experts, commercial
partners, and domain or technology-specific experts in industry or the intelligence community.”
28 Lieutenant Commander Derek Bernsen USN, “The Navy Needs a Cyber Course Correction,” Proceedings Vol.
148/8/1,434, U.S. Naval Institute, August 2022 available at
https://www.usni.org/magazines/proceedings/2022/august/navy-needs-cyber-course-correction.
29 Ibid.
30 Ibid. Personnel who support cyber operations are primarily sourced from the Cryptologic Warfare (CW), Information
Specialist, Intelligence and Cyber Warfare Engineer communities. The CW community is generally responsible for
signals intelligence, electronic warfare, and information operations.
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argue that requiring the Navy to establish a dedicated Cyber Warfare Operations career field
would encourage the Navy to place a higher priority on its offensive cyber mission, while others
contend that the status quo is adequate and proposed career field changes are unnecessary.31
Section 1625 of the SASC-passed bill would not require new career designators/ratings, but
would require the Secretary of the Navy to report on recommendations for improving cyber
career paths in the Navy.
Education and Training of DOD’s Cyber Workforce
Provisions in the FY2023 NDAA bills would seek to develop or strengthen partnerships with
academic institutions and other federal agency programs to support a pipeline for a federal cyber
workforce and to support continuing education and training for existing DOD uniformed and
civilian personnel. These provisions could potentially augment existing DOD programs and
initiatives such as
the Hacking for Defense (HFD) program;
federal grants for DOD Cyber Institute pilot programs at institutions of higher
education;32
the University Consortium for Cybersecurity (UC2);33 and
capacity building grants and scholarships under the Cyber Scholarship Program
(CySP).34
Section 1535 of the House-passed bill would require DOD to establish a “Hacking for National
Security and Public Service Innovation Program” (H4NSPSI) to, in part, “support the
development and acquisition” of cyber talent in the federal workforce. The bill would direct the
DOD-led National Security Innovation Network (NSIN) to coordinate the H4NSPSI effort with
other federal agencies and academic institutions. NSIN currently sponsors a 10-16 week Hacking
for Defense (H4D) college course that engages student teams in working on real-world national
security programs.35 Other agencies sponsor similar programs: for example, Hacking for
Homeland Security (Department of Homeland Security; DHS) and Hacking for Diplomacy
(Department of State).36 Section 1535 would encourage DOD to coordinate and partner with
these and other federal agency-led programs.
Section 558 of the House-passed bill would require the Secretary of Defense to establish a
consortium of military and civilian education institutions to provide a forum to share information
31 Mark Pomerleau, "House Armed Services Committee concerned with state of Navy cyber readiness," FEDSCOOP,
July 28, 2022, at https://www.fedscoop.com/house-armed-services-committee-concerned-with-state-of-navy-cyber-
readiness/.
32 As authorized by the FY2019 NDAA (P.L. 115-232, Section 1640). DOD has established this pilot program at the
six senior military colleges: Norwich University, in Northfield, Vermont; Texas A&M University, in College Station,
Texas; The Citadel, in Charleston, South Carolina; Virginia Military Institute, in Lexington, Virginia; Virginia Tech, in
Blacksburg, Virginia; and the University of North Georgia, in Dahlonega, Georgia. The FY2021 NDAA (P.L. 116-283
§283) amended the pilot program authority to require a report to Congress by September 30, 2021 on opportunities to
report on the effectiveness of the Cyber Institutes and on opportunities to expand these to other institutions with ROTC
units.
33 As mandated by the FY2020 NDAA (P.L. 116-92, Section 1659).
34 As authorized by 10 U.S.C. §2200b.
35 NSIN, Hacking for Defense, at https://www.nsin.mil/hacking-for-defense/.
36 See https://www.dhs.gov/science-and-technology/hacking-homeland-security and https://www.bmnt.com/hacking-4-
diplomacy.
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on matters related to cybersecurity.37 Functions of this consortium would include sharing
information on the “education of cyber mission forces.” The consortium would be required to
conduct annual cyberspace war games with its members. Section 558 would direct the Secretary
of Defense to coordinate the efforts of this new consortium with the “Consortia of Universities to
Advise Secretary of Defense on Cybersecurity Matters” previously mandated by Section 1659 of
the FY2020 NDAA.38 This consortium, called the University Consortium for Cybersecurity
(UC2), was launched on December 7, 2021, and is led by the National Defense University
College of Information and Cyberspace.39 In deliberations around the FY2023 NDAA, Congress
might consider whether Section 558 of the House bill would create a parallel consortium, or
would expand the mandate of the existing consortium.
In the SASC-reported bill, Section 1111 would require the Secretary of Defense, in consultation
with DHS and the Office of Personnel Management (OPM), to establish a “Department of
Defense Cyber and Digital Service Academy” program to provide financial support for the
pursuit of educational programs at institutions of higher education in “critical” disciplines related
to cyber or digital technology. Covered disciplines would include computer-related arts and
sciences, cyber-related engineering, cyber-related law and policy, applied analytics-related
sciences, data management, and digital engineering, including artificial intelligence and machine
learning. This program would provide up to five years of academic scholarship assistance—
similar to Senior Reserve Officer Training Corps (SROTC) scholarships—to qualified students in
a course of study in one of the covered disciplines.40 Students who accept scholarship funding
would incur a federal employment commitment equal to the length of the scholarship. The
provision would require at least 50% of the funding authorized for this program to be directed to
institutions of higher education that have used federal grant funding under DOD’s Cyber
Scholarship Program (CySP).41 CySP currently provides recruitment and retention scholarship
support to students and DOD personnel, along with capacity-building grants to institutions.42
37 These institutions include institutes of higher education with established cybersecurity programs; military service
academies; professional and joint professional military education schools under 10 U.S.C. §§2151 and 2162; and the
Naval Postgraduate School.
38 P.L. 116-92.
39 National Defense University, College of Information and Cyberspace, The Department of Defense University
Consortium for Cybersecurity Coordination Center, at https://cic.ndu.edu/UC2/.
40 For more on SROTC, see CRS In Focus IF11235, Defense Primer: Senior Reserve Officer Training Corps, by Kristy
N. Kamarck.
41 This grant program is authorized by 10 U.S.C. §2200b.
42 DOD Cyber Exchange, DOD Cyber Scholarship Program, at https://public.cyber.mil/cw/cdp/dcysp/.
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Appendix. Selected Reporting Requirements
Table A-1. Selected Reporting Requirements Proposed in the FY2023 NDAA
Reporting Entity
Due Date for Report
Section
Matters to be Studied and Reported
to Congress
SASC Section
Civilian Cybersecurity Reserve Pilot Project
Secretary of the Army
Implementation plan
1112
- Number and diversity of program participants;
within one year and 60
days fol owing
- ethical considerations;
enactment,
- effectiveness in adding to Army capacity; and
Annual briefings
- evaluation of eligibility requirements.
- Evaluation of the pilot program.
Government
3 years fol owing pilot
Accountability Office
establishment
(GAO)
House Section
Annual reports on support by military departments for cyberspace operations
CYBERCOM
FY2024 budget request
1531
- Whether military departments are meeting CYBERCOM’s validated requirements;
Commander
(and annually
thereafter)
- adequacy of military department policies, procedures, execution, and investment in
- manning, training, equipping,
- assignment to CMF (including assignment duration),
- investment in CMF capabilities, and
- cyberspace-related military occupational specialties, designators, ratings, or specialty
codes; and
- readiness of CMF and cyberspace operations forces.
SASC Section
Correcting cyber mission force readiness shortfalls
Secretary of Defense
180 days fol owing
1603
- Analysis of options and a plan to increase personnel in key cyber roles, to include
and Chairman of Joint
enactment
Chiefs of Staff
- number of personnel needed,
- proper mix of civilian/military/contractor,
- use of existing, alternate, or standardized compensation models, and
- modifying career paths for consecutive assignments or multiple rotations; and
- modifying promotion systems.
CRS-9
Reporting Entity
Due Date for Report
Section
Matters to be Studied and Reported
to Congress
SASC Section
Total force generation for the Cyberspace Operations Forces
Secretary of Defense
Progress briefings 90
1606
- Which military services (including consideration of a separate service) should organize, train,
days after enactment
and equip military and civilian assets for assignment to CYBERCOM;
and every 180 days
thereafter
- sufficiency of accession and training models for Cyberspace Operations Forces;
- whether Cyberspace Operations Forces are appropriately organized;
Principal Cyber Advisor Recommendations to
and CYBERCOM
Secretary of Defense
- shortfalls in work roles and skil s;
Commander
Before June 1, 2024.
- unique or training-intensive roles and plans for development and retention in those roles;
Secretary of Defense
Implementation plan to
- whether compensation, career management, evaluations, and training are appropriate;
Congress by June 1,
- use of nonmilitary and/or reserve component personnel to augment CMF teams; and
2025
- proper mix of civilian/military/contractor.
SASC Section
Review of certain cyber operations personnel policies
Secretary of Defense
180 days fol owing
1610
- The respective roles of the military departments and CYBERCOM with respect to:
enactment
- the recruitment, retention, professional military education, and promotion of certain
cyber operations personnel;
- the sharing of personnel data between the military departments and CYBERCOM; and
- structures, departmental guidance, and processes developed between the military
departments and U.S. Special Operations Command that could be used as a model for
CYBERCOM.
- Findings of the Secretaries of the military departments and CYBERCOM commander with
Secretary of Defense
90 days after review is
respect to the review and updates made fol owing the report, including recommendations for
submitted
legislative or administrative action.
House Section
Independent review of posture and staffing levels for the office of the CIO
Independent Review
30 days after review
1532
- Any limitations on the CIO’s office imposed by staffing levels; and
(non-DOD entity)
complete
- composition of civilian, military, and contractor personnel assigned to the CIO’s office.
House Section
Comprehensive review of Cyber Excepted Service (CES)
DOD Chief Information 30 days after review
1533
- Structural limitations on the mobility or advancement for civilians in the CES;
Officer
complete
- pay/compensation disparities between CES and comparable private sector employees; and
- eligibility criteria for participation in the CES.
CRS-10
Reporting Entity
Due Date for Report
Section
Matters to be Studied and Reported
to Congress
SASC Section
Report on Cyber Excepted Service
Secretary of Defense
One year fol owing
1114
- A description of the hiring and selection process for the CES;
enactment and annually
until 2028
- plans for recruitment and retention in the CES;
- assessment of training provided to CES supervisors;
- assessment of barriers to CES participation;
- assessment of implementation of CYBERCOM recruitment and retention under 10 U.S.C.
§1599f; and
- performance metrics including;
- number of employees by occupation, grade, and level or pay band,
- placement of employees by military department, agency, and component,
- number of veterans hired,
- number of separations by occupation, grade, and level or pay band,
- number and amounts of incentives paid, and
- number of employees that declined transfer to CES positions.
House Section
Establishment of cyber operations designator and rating for the Navy
Secretary of the Navy
One year fol owing
1503
- Certification that the Navy has
enactment
- established a separate Cyber Operations career designator,
- identified responsibilities for staffing and training the career field,
- established a training pipeline,
- established adequate funding for training,
- inventoried flag officer positions related to career field,
- established an implementation plan for fil ing CMF positions; and
- provided anticipated end-strength changes related to the new career designator.
- CYBERCOM verification that the Navy’s report satisfies requirements.
CYBERCOM
60 days after Navy
report submitted
SASC Section
Report on Recommendations from Navy Civilian Career Path Study
Secretary of the Navy
90 days fol owing
1625
- Recommendations from the cited study that relate to improving cyber career paths in the
enactment
Navy.
CRS-11
Reporting Entity
Due Date for Report
Section
Matters to be Studied and Reported
to Congress
GAO
180 days after Navy
report submitted
House Section
Establishment of consortium of institutions of military education for cybersecurity matters
Secretary of Defense
Interim report 180 days
558
- Organization, activities, funding, actions, milestones, and research of the consortium.
fol owing enactment
Annual reports in 2024
- 2028
SASC Section
Department of Defense Cyber and Digital Service Academy
Secretary of Defense
Every two years
1111
- Evaluation of program effectiveness in recruiting and retaining scholarship recipients in the
federal workforce.
Source: CRS analysis of legislation on Congress.gov.
Language in the SASC report (S.Rept. 117-130) accompanying the FY2023 NDAA also directs DOD to report to the Armed Services
Committees on the following personnel-related topics:
CMF manning, to include each services’ manning requirements, CMF specialties, recruiting and retention challenges, education
and training needs, and options to improve recruitment, retention, and career competency (by June 1, 2023);
Information on the services’ and components’ use of recruitment and retention incentives (e.g., bonuses) to servicemembers in
cyber career tracks over the past decade (by December 31, 2022); and
Evaluation by the Army, Navy and Air Force of the adaptability of the Marine Corps “Cyber Auxiliary” approach to train,
educate, assist, and mentor servicemembers in cyber career paths (by December 30, 2022).43
43 U.S. Marine Corps, “Marine Corps Cyber Auxiliary,” at https://www.hqmc.marines.mil/Agencies/Deputy-Commandant-for-Information/Information-Maneuver-
Division/Marine-Corps-Cyber-Auxiliary/.
CRS-12
FY2023 NDAA: Cyber Personnel Policies
Author Information
Kristy N. Kamarck
Hibbah Kaileh
Specialist in Military Manpower
Research Assistant
Catherine A. Theohary
Specialist in National Security Policy, Cyber and
Information Operations
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Congressional Research Service
R47270 · VERSION 1 · NEW
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