FY2023 NDAA: Cyber Personnel Policies
March 6, 2023
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, 117th Congress) and Senate Armed Services Committee (SASC)-
Manpower
reported (S. 4543, 117th Congress) Fiscal Year (FY) 2023 National Defense Authorization Act
(NDAA) included several provisions that relate to recruiting, retention, and career management
Catherine A. Theohary
of DOD military and civilian personnel in cyber career fields. These provisions fall into three
Specialist in National
broad categories.
Security Policy, Cyber and
Information Operations
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.
The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263; FY2023 NDAA), enacted on
December 27, 2022, adopted many such measures. Several of the enacted provisions require DOD to strengthen organization,
plans, processes, and ongoing implementation of cyber workforce initiatives and to update Congress through periodic reports
and briefings. A list of selected reporting requirements, deadlines, and responsible officials is provided in the Appendix of
this report.
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FY2023 NDAA: Cyber Personnel Policies
Contents
Background ..................................................................................................................................... 1
Cyber Mission Force ................................................................................................................. 1
Cyber Excepted Service ............................................................................................................ 2
Selected Provisions in the FY2023 NDAA ..................................................................................... 2
Reserve Component and Civilian Staffing in Response to Cyber Threats ................................ 5
Reviews of cyber personnel policies, strategy, and planning .................................................... 6
Annual Budget-Cycle Reporting ......................................................................................... 6
Establishing a New Force Generation Model for CYBERCOM ........................................ 7
Navy Cyber Career Paths .................................................................................................... 7
Plan for CMF Readiness Shortfalls ..................................................................................... 8
Education and Training of DOD’s Cyber Workforce ................................................................ 8
Review of Professional Military Education ........................................................................ 8
Department of Defense Cyber and Digital Service Academy ............................................. 9
Hacking for National Security and Public Service Innovation Program ............................ 9
Tables
Table 1. Selected FY2023 NDAA Provisions Related to Cyber Personnel ..................................... 3
Table A-1. Selected Reporting Requirements in the FY2023 NDAA ............................................ 11
Appendixes
Appendix. Selected Reporting Requirements ................................................................................. 11
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.4CRS In Focus IF10537,
Defense
Primer: Cyberspace Operations
The CMF’s 133 teams comprise approximately 6,000 servicemembers and civilians, including
reserve component personnel on active duty.5 Reportedly, DOD expected 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 projected to add about 600 people, a 10% increase, to
1 P.L. 114-328 §923; 10 U.S.C. §167b; U.S. Cyber Command, Our History, at
https://www.cybercom.mil/About/History/. In the November 2022 DOD Dictionary of Military and Associated Terms,
cyberspace is defined as “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, 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, policymakers, 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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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 CYBERCOM’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 DOD 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, and these provisions provide DOD with flexible tools to attract and
retain civilians with cyber skills.12 Prior to this law’s enactment 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, as of September 2022
there were 15,000 department employees in the CES, and the Department planned 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, 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 §1107; 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 Comment by Mark Gorak, Principal Director for Resources and Analysis in the DoD CIO’s office, reported in Justin
Doubleday,
White House developing cyber workforce strategy to be more ‘action oriented,’ September 9, 2022, at
https://federalnewsnetwork.com/cybersecurity/2022/09/white-house-developing-cyber-workforce-strategy-to-be-more-
action-oriented/.
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FY2023 NDAA: Cyber Personnel Policies
passed-version (H.R. 7900, 117th Congress) and Senate Armed Services Committee (SASC)-
reported version (S. 4543, 117th Congress) of the National Defense Authorization Act for Fiscal
Year 2023 (FY2023 NDAA) included several provisions that relate to recruiting, retention, and
career management of DOD military and civilian personnel in cyber career fields (se
e Table 1).
Provisions enacted 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, 117th
SASC-Reported (S. 4543, 117th
Enacted (P.L. 117-263)
Congress)
Congress)
Reserve component (RC) and civilian staffing in response to cyber threats
No similar provision
Section 512 would have authorized
Not adopted.
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 have
Section 1540 adopts the Senate
established a civilian cybersecurity
provision with an amendment
reserve pilot project to provide
requiring DOD to engage with a
manpower to U.S. Cyber
federally funded research and
Command.
development center (FFRDC) or
other non-profit to assess the
feasibility and advisability of creating
a civilian cybersecurity reserve
corps, including consideration of
the results of a prior
congressionally-mandated report on
non-traditional cyber support.
Section 1533 would have required
Section 1114 would have required
Section 1541 adopts elements of
DOD to conduct a comprehensive
DOD to report annually on CES
both House and Senate provisions.
review of Cyber Excepted Service
positions through 2028.
policies, including personnel
compensation and advancement.
Reviews of cyber personnel policies, strategy and planning
Section 1531 would have required
No similar provision.
Section 1502 adopts the House
DOD annual reports to be
provision with an amendment that
submitted with the President’s
modifies the reporting
budget request on CMF readiness
requirements.
and the adequacy of policies, plans,
procedures, and the execution of
manning, training, and equipping the
CMF starting in FY2024.
Section 1606 would have required a Section 1533 adopts the Senate
DOD study on the responsibilities
provision with an amendment to
No similar provision.
of the military services for
modify the scope of the required
organizing, training, and presenting
report.
the total force to CYBERCOM.
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House-passed (H.R. 7900, 117th
SASC-Reported (S. 4543, 117th
Enacted (P.L. 117-263)
Congress)
Congress)
Section 1503 would have directed
Section 1625 would have required
Section 1532 adopts House
the Secretary of the Navy to
the Secretary of the Navy to report
provision 1503 with an amendment
establish and sustain certain Cyber
on recommendations for improving
that modifies the timeline
Warfare career designators as well
cyber career paths in the Navy.
requirements for the career
as a training pipeline and
designators.
implementation plan.
Section 1536 adopts Senate
provision 1625.
No similar provision.
Section 1603 would have required
Section 1534 adopts the Senate
the Secretary of Defense and the
provision with an amendment to
Chairman of the Joint Chiefs of Staff modify the scope of the effort.
to develop a plan and
recommendations to address CMF
personnel readiness shortfalls.
No similar provision.
Section 1610 would have required a Not adopted.
review of certain cyber operations
personnel policies, including
recruitment, retention, professional
military education, personnel data
sharing, structures, and
departmental guidance and
processes.
Education and Training
Section 558 would have required
No similar provision.
Several provisions (Sections 557,
the Secretary of Defense to
558, and 559) in the House bil
establish a consortium of military
would have established various
and civilian education institutions to
professional military education
provide a forum to share
(PME) consortiums and a
information on matters of
commission. In lieu of this, Section
cybersecurity.
557 adopts a requirement for DOD
to report on the effectiveness of
officer PME by December 1, 2025,
with an appraisal of the feasibility
and advisability of establishing a
consortium.
Section 5867 would have required a Section 1111 included a similar
Section 1535 adopts the Senate
financial support program at
provision to House Section 5867.
provision and directs the Secretary
institutes of higher education
of Defense to establish a program
designated as a Center of Academic
that provides financial support for
Excellence in Cyber Education for
the pursuit of programs that are
the pursuit of programs in
critically needed and related to
disciplines related to cyber or
cyber or digital technology.
digital technology.
Section 1535 would have
No similar provision.
Not adopted.
established 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.
Source: CRS analysis of legislation on Congress.gov.
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Notes: Several provisions in the House-passed, SASC-reported, and enacted legislation 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.
Reserve Component and Civilian Staffing in Response to Cyber
Threats
Some experts have called for leveraging the Reserve Component (RC) to meet increased federal
government demand for cyber personnel. A 2017 RAND study found that over ten thousand
reservists either have cyber expertise or are able to acquire cyber-related skills through civilian-
based training; and many of these individuals express a desire to use these skills in the military.15
In a March 2021 Senate Armed Services Committee Hearing, CYBERCOM Commander General
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 have
expanded authorities for activating RC members and hiring civilians to respond to “significant
cyber incidents.”17 Section 512 of the SASC-reported bill would have amended 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
were no similar provisions in the House-passed bill and this provision was not enacted.
Section 1112 of the SASC-reported bill would have required 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 have allowed the Army to establish criteria for selection
and accession 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 The enacted FY2023 NDAA does not
provide authority for an Army pilot program. Instead, it requires (under Section 1540) that DOD
engage with a federally funded research and development center (FFRDC) or other independent
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.
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.
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non-profit entity to evaluate the feasibility and advisability of such a reserve corps across DOD.
This provision requires the research entity to take into consideration a study on “nontraditional
cyber support” required by the FY2021 NDAA.21 This report was to include an evaluation of
different reserve models to support DOD cyber operations. Section 1540 also limits the amount of
FY2023 appropriated funds that the Under Secretary of Defense for Policy may obligate or
expend to not more than 75% until a copy of the FY2021 congressionally-mandated report is
submitted to the Armed Services committees. This report was due to the committees in September
2022.
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 give DOD more flexibility when hiring for cyber and IT
jobs.22 Section 1541 of the FY2023 NDAA adopts elements of both House-passed and SASC-
reported provisions requiring DOD to conduct a comprehensive review of the CES. Under this
provision, the DOD CIO is required to report to the congressional defense committees within 30
days of completing the review with annual updates through September 30, 2028.
Reviews of cyber personnel policies, strategy, and planning
The FY2023 NDAA requires 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). These reporting requirements add to a substantial
body of oversight products related to cyber personnel that Congress has required in recent years.
Requirements include the “zero-based review” (ZBR) 23 of the “cyber and information technology
personnel” required by section 1652 of the FY2020 NDAA (P.L. 116-92) and reports and
briefings regarding cyber personnel education matters required by section 1506 of the FY2022
NDAA (P.L. 117-81), among other requirements.
Annual Budget-Cycle Reporting
Section 1502 of the FY2023 NDAA adopts a House-passed provision requiring the CYBERCOM
Commander to submit a report in conjunction with the President’s annual budget request to
Congress24 that evaluates the support by military departments for cyberspace operations, and
CMF capability, readiness, and resourcing. This reporting requirement is first required in the
FY2024 budget cycle. The FY2021 NDAA delegated responsibility to the CYBERCOM
commander for directly controlling and managing the planning, programming, budgeting, and
execution (PPBE) of resources starting in the FY2024 budget cycle.25
21 As required by P.L. 116-283 §1730.
22 P.L. 114-92 §1107; 10 U.S.C. §1599f.
23 A
zero-based review is defined in this context as a “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,
p. 5 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.
24 31 U.S.C. §1105.
25 See 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.
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Establishing a New Force Generation Model for CYBERCOM
Section 1533 of the FY2023 NDAA adopts Section 1606 of the SASC-reported bill requiring
DOD to study the prospect of a new force generation model for CYBERCOM.26 The scope of this
study includes consideration of use of the RC and nonmilitary personnel27 to support CMF teams.
DOD’s Principal Cyber Advisor and the CYBERCOM Commander are responsible for providing
a proposed force generation plan to the Secretary of Defense no later than June 1, 2024, and the
Secretary is required to submit an implementation plan to Congress no later than June 1, 2025.
Section 1533 explicitly directs the Secretary of Defense to consider whether 1) the Navy should
no longer be responsible for developing and providing personnel and resources to CYBERCOM,
2) whether a single military service should be responsible for providing forces to CYBERCOM,
or 3) whether DOD should “create a separate service to perform the functions and missions
currently performed by Cyber Mission Force units generated by multiple military services.”
Navy Cyber Career Paths
In recent years, some observers have 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 Some in Navy leadership have expressed views of cyber
operations as a joint endeavor, relying on other services’ warfighting capabilities with support
from the Navy’s cryptologic warfare officers, whose mission differs from that of other cyber
operators.30 Provisions in the House-passed and SASC-reported bill specifically addressed the
Navy’s cyber career paths.
The FY2020 NDAA required the Secretary of the Navy to submit a report to the congressional
defense committees on issues related to improving cyber career paths.31 Section 1536 of the
FY2023 NDAA requires the Navy to report on the implementation progress for recommendations
made by the FY2020 congressionally-mandated report within 90 days of enactment. Section 1536
also requires a Comptroller General assessment of Government Accountability Office’s
implementation with an interim briefing and final report to Congress. Section 1502 of the
FY2023 NDAA (discussed in
“Annual Budget-Cycle Reporting”) requires DOD to report on the
sufficiency of career field management for cyber-related career fields across the entire CMF as
part of annual budget submissions.
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, at https://www.usni.org/magazines/proceedings/2022/august/navy-
needs-cyber-course-correction. 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/.
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.
31 P.L. 116-92 §1653. CRS does not have information on whether DOD delivered the congressionally-mandated report
to the defense committees on the dates they were due.
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Section 1532 of the FY2023 NDAA adopts a provision in the House-passed bill directing the
Secretary of the Navy to establish and sustain a specific Cyber Warfare Operations career field for
uniformed personnel, that is separate and distinct from the existing cryptologic warfare and
cryptologic technician career fields. The law also requires the Navy to develop 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
personnel. The enacted law precludes the Navy from assigning servicemembers with a
cryptologic technician rating or cryptologic warfare officer designator to a CMF after October 1,
2025 (the House-passed bill would have required this by June 1, 2024). Some critics argue that
requiring the Navy to establish a dedicated Cyber Warfare Operations career field may encourage
the Navy to place a higher priority on its cyber mission, while others contend that the status quo
was adequate and career field changes are unnecessary.32
Plan for CMF Readiness Shortfalls
Section 1534 of the FY2023 NDAA adopts section 1603 of the SASC-reported NDAA bill
requiring 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 1534 also incorporates elements of section 1610 of the SASC-reported bill
with respect to a review and report on policies related to the CYBERCOM Commander’s
authority under 10 U.S.C. §167b to monitor promotions of certain cyber operation forces.33
Section 1534 and other provisions enacted with the FY2023 NDAA require studies, planning, and
reports on matters related to recruitment, promotion, retention, and training.
Education and Training of DOD’s Cyber Workforce
Certain provisions in the FY2023 NDAA 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.
Review of Professional Military Education
Section 558 of the House-passed bill would have required the Secretary of Defense to establish a
consortium of military and civilian education institutions to provide a forum to share information
on matters related to cybersecurity.34 Congress previously mandated “one or more consortia of
Universities to Advise Secretary of Defense on Cybersecurity Matters” in section 1659 of the
FY2020 NDAA.35 The Secretary launched a consortium, called the
University Consortium for
Cybersecurity (UC2), on December 7, 2021; it is led by the National Defense University College
of Information and Cyberspace.36 Other provisions in the House-passed version of the FY2023
32 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/.
33 10 U.S.C. §167b.
34 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.
35 P.L. 116-92.
36 National Defense University, College of Information and Cyberspace, The Department of Defense University
Consortium for Cybersecurity Coordination Center, at https://cic.ndu.edu/UC2/.
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NDAA (Sections 557 and 559 respectively) would have created a consortium of military
education institutions and a commission on professional military education to more broadly
consider improvements to military education matters. The SASC-reported bill did not include
similar provisions. In lieu of establishing these three separate bodies, the enacted FY2023 NDAA
(Section 557) requires DOD to report to the Armed Services committees on the effectiveness of
professional military education in educating officers in the Armed Forces no later than December
1, 2025. The study’s mandate includes consideration if a consortium of educational institutions is
feasible and advisable, and is required to include an evaluation of curriculum to include “special
topics” such as cyber security and artificial intelligence. An interim briefing is due to the
committees on June 1, 2023.
Department of Defense Cyber and Digital Service Academy
Section 1535 of the FY2023 NDAA adopts similar provisions in the House-passed and SASC-
reported versions of the bill that require the Secretary of Defense, in consultation with DHS and
the Office of Personnel Management (OPM), to establish a program called the “Department of
Defense Cyber and Digital Service Academy.” This program is intended to provide educational
scholarships in “critical” disciplines related to cyber or digital technology. Covered disciplines
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 is authorized to 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.37
Students who accept scholarship funding are to incur a federal employment commitment equal to
the length of the scholarship. Repayment provisions would apply for failure to complete the
degree requirements or post-graduation federal employment commitment. The provision requires
at least 5% of the authorized funding to be directed towards associate’s degrees and 50% of the
authorized funding to be directed to institutions of higher education that have been awarded
federal grant funding under DOD’s Cyber Scholarship Program (CySP).38 CySP currently
provides recruitment and retention scholarship support to students and DOD personnel, along
with capacity-building grants to institutions.39 Congress directs the scholarship program to begin
no later than the 2024 academic year.
Hacking for National Security and Public Service Innovation Program
Section 1535 of the House-passed bill would have required 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 have
directed 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.40 The SASC-reported billdid not include a similar provision
and this initiative was not enacted. The Joint Explanatory Statement to accompany the FY2023
NDAA stated,
37 For more on SROTC, see CRS In Focus IF11235,
Defense Primer: Senior Reserve Officer Training Corps, by Kristy
N. Kamarck.
38 This grant program is authorized by 10 U.S.C. §2200b.
39 DOD Cyber Exchange, DOD Cyber Scholarship Program, at https://public.cyber.mil/cw/cdp/dcysp/.
40 NSIN, Hacking for Defense, at https://www.h4d.us/.
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FY2023 NDAA: Cyber Personnel Policies
We recognize the success of the National Security Innovation Network (NSIN) in
encouraging the entry of new innovators into the national security community and believe
that such a model has applicability for challenges faced by the Department of Defense and
by other Federal departments and agencies. We encourage the Secretary of Defense to use
existing authorities to strengthen NSIN and create additional opportunities for
collaboration and shared experience between the Department of Defense, other Federal
agencies, the private sector, and academia through the expansion of existing programs,
partnerships, and activities, including, but not limited to, 351 such activities as Hacking for
Defense, Hacking for Homeland Security, Hacking for Diplomacy, Hacking for Space, and
Hacking for Manufacturing. We believe that such efforts are an important part of the
Department’s efforts to invest in the future of national security innovation by inspiring a
new generation to public service, supporting the diversity of the United States’ national
security innovation workforce, and modernizing government decision-making processes.41
41 Joint Explanatory Statement to Accompany the James M. Inhofe National Defense Authorization Act for Fiscal Year
2023, p. 351, at https://rules.house.gov/sites/republicans.rules118.house.gov/files/BILLS-117HR7776EAS-RCP117-
70-JES.pdf.
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Appendix. Selected Reporting Requirements
Table A-1. Selected Reporting Requirements in the FY2023 NDAA
Section of
Reporting Entity
FY2023
NDAA
Matter to be Studied and Reported
Due Date for Report to Congress
Section 1540
Feasibility and advisability of a DOD civilian
Secretary of Defense (as contracted with Report required Within one year of date of enactment (Dec.
cybersecurity reserve.
an FFRDC or other independent non-
27. 2023).
profit entity)
Report required by Section 1730 of the
Secretary of Defense
Appropriated funds limited until DOD delivers report.
FY2021 NDAA on nontraditional cyber
support.
Section 1502
Annual reports on support by military
CYBERCOM Commander
FY2024 budget request (and annually thereafter)
departments for cyberspace operations
Section 1534
Plan for correcting cyber mission force
Secretary of Defense, Chairman of Joint
Briefing required within 180 days of enactment (June 29, 2023).
readiness shortfalls
Chiefs of Staff, and Secretaries of Military
Departments
Section 1533
Study and implementation plan for total
Secretary of Defense
Progress briefings required within 90 days of enactment
force generation for the Cyberspace
(March 27, 2023) and every 180 days thereafter.
Operations Forces
Principal Cyber Advisor and
Recommendations to Secretary of Defense before June 1,
CYBERCOM Commander
2024.
Secretary of Defense
Implementation plan submitted to Congress by June 1, 2025.
Section 1541
Comprehensive review of Cyber Excepted
DOD Chief Information Officer and
Report required within 30 days after review completion.
Service (CES).
Under Secretary of Defense for
Annual updates until September 30, 2028.
Personnel and Readiness
Section 1532
Implementation plan for the establishment
Secretary of the Navy
Within 90 days of enactment (March 27, 2023).
of cyber operations designator and rating
for the Navy.
CRS-11
Section of
Reporting Entity
FY2023
NDAA
Matter to be Studied and Reported
Due Date for Report to Congress
CYBERCOM verification that the Navy’s
CYBERCOM
Within 60 days after Navy report submitted.
report satisfies requirements.
Section 1536
Report on recommendations from Navy
Secretary of the Navy
Report required within 90 days of enactment (March 27,
Civilian Career Path Study with
2023).
implementation plans.
Review of the Navy’s implementation of
Government Accountability Office
Report required within 180 days of Navy’s report submission.
recommendations.
Section 557
Report on the effectiveness of Professional
Secretary of Defense with the Chairman
Interim report on June 1, 2023.
Military Education (PME).
of the Joint Chiefs of Staff and
Final report on December 1, 2025.
Secretaries of military departments
Section 1535
Information about recruitment, hiring, and
Secretary of Defense in consultation
Report at a minimum of every two years fol owing
retention for scholarship recipients of the
with the Office of Personnel
implementation (start date is 2024 academic year).
Department of Defense Cyber and Digital
Management
Service Academy.
Source: CRS analysis of legislation on Congress.gov.
CRS-12
FY2023 NDAA: Cyber Personnel Policies
Author Information
Kristy N. Kamarck
Catherine A. Theohary
Specialist in Military Manpower
Specialist in National Security Policy, Cyber and
Information Operations
Acknowledgments
Hibbah Kaileh contributed to research for this report.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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Congressional Research Service
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