Public Safety - Maryland Cyber Reserve - Established

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0183*

SENATE BILL 183
E4 6lr1550
SB 5/20 – EHE (PRE–FILED)
By: Senator Hester
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Public Safety – Maryland Cyber Reserve – Established 2

FOR the purpose of establishing the Maryland Cyber Reserve within the Military 3
Department to provide educational and technical support to prevent and resolve 4
certain cyber attacks; and generally relating to the Maryland Cyber Reserve. 5

BY repealing and reenacting, with amendments, 6
Article – Public Safety 7
Section 13–101, 13–203(b), 13–206(a), and 13–210 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2025 Supplement) 10

BY adding to 11
Article – Public Safety 12
Section 13 –5A–01 through 13 –5A–08 to be under the new subtitle “Subtitle 5A. 13
Maryland Cyber Reserve” 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Public Safety 19

13–101. 20

(a) In this title the following words have the meanings indicated. 21

(b) “Department” means the Military Department. 22

2 SENATE BILL 183

(c) “MARYLAND CYBER RESERVE” MEANS THE MILITARY F ORCE 1
ESTABLISHED UNDER SUBTITLE 5A OF THIS TITLE. 2

(D) “Maryland Defense Force” means the military force established under Subtitle 3
5 of this title. 4

[(d)] (E) “National Guard” means the Maryland Army National Guard and 5
Maryland Air National Guard. 6

[(e)] (F) (1) “State active duty” means military duty performed in service of 7
the State by a unit or member of the militia under orders issued by the Governor under 8
Article II, § 8 of the Maryland Constitution or § 13–702 of this title. 9

(2) Unless the Governor specifically provides otherwise, “State active duty” 10
does not include drill periods, preparation for drill periods, annual training, or ot her 11
equivalent training or duty conducted under orders issued under Title 10 or Title 32 of the 12
United States Code. 13

13–203. 14

(b) The organized militia of the State consists of: 15

(1) the National Guard; 16

(2) the Inactive National Guard; [and] 17

(3) the Maryland Defense Force; AND 18

(4) THE MARYLAND CYBER RESERVE. 19

13–206. 20

(a) An individual enlisting in the organized militia shall take and subscribe to the 21
following oath of enlistment: 22

“I do hereby acknowledge to have voluntarily enlisted this ....... day of .........., 20 ....., 23
in the (National Guard) (Maryland Defense Force) (MARYLAND CYBER RESERVE) of the 24
State of Maryland for the period of ...... year(s), under the conditions prescribed by law, 25
unless sooner discharged by proper authority. I, ..........., do solemnly swear (or affirm) that 26
I will bear true faith and allegiance to the United States of America and to the State of 27
Maryland; that I will serve them honestly and faithfully against all their enemies 28
whomsoever; and that I will obey th e orders of the President of the United States and the 29
Governor of Maryland and the orders of the officers appointed over me, according to law 30
and regulations.” 31

13–210. 32
SENATE BILL 183 3

(a) (1) This subsection applies to the period of time that an employee is ordered 1
by the Governor to active military duty in the organized militia of the State for service 2
during: 3

(i) a civil disorder; 4

(ii) a natural disaster; 5

(iii) a labor disorder; [or] 6

(iv) A CYBER ATTACK; OR 7

(V) any other activity requiring support of the State militia. 8

(2) The Adjutant General shall secure compensation under the Maryland 9
Workers’ Compensation Act for each officer and enlisted individual of the organized militia 10
by maintaining an insurance policy with the Chesapeake Employers’ In surance Company 11
or with a stock corporation or mutual association authorized to transact the business of 12
workers’ compensation insurance in the State. 13

(3) (i) An officer, enlisted individual, or employee of the Department is 14
not entitled to the benefits of this section if the officer, enlisted individual, or employee is 15
injured in the course of employment and has insurance coverage through the federal 16
government that is equal to or better than the coverage provided by this title. 17

(ii) If a benefit provided by the federal government is less than that 18
provided by the Maryland Workers’ Compensation Act, the State and its insurer shall 19
furnish the additional benefit necessary to make up the difference between the benefit 20
provided by the federal government and the similar benefit required under the Maryland 21
Workers’ Compensation Act. 22

(4) The insurance provided under this subsection shall only cover incidents 23
that occur after July 1, 1979. 24

(b) In addition to the benefits under subsection (a) of this sec tion, the Adjutant 25
General shall maintain workers’ compensation insurance for members of the Maryland 26
Defense Force AND MARYLAND CYBER RESERVE during training. 27

(c) The Adjutant General shall pay the premiums for the insurance policy 28
required under this section from appropriations for the militia that the Governor includes 29
in the State budget. 30

SUBTITLE 5A. MARYLAND CYBER RESERVE. 31

13–5A–01. 32
4 SENATE BILL 183

(A) (1) THERE IS ESTABLISHED IN THE STATE A MARYLAND CYBER 1
RESERVE WITHIN THE MILITARY DEPARTMENT. 2

(2) THE GOVERNOR IS THE COMMA NDER–IN–CHIEF OF THE 3
MARYLAND CYBER RESERVE. 4

(3) THE MARYLAND CYBER RESERVE IS UNDER THE OPERATIONAL 5
CONTROL OF THE ADJUTANT GENERAL. 6

(4) THERE IS A COMMANDING GENERAL OF THE MARYLAND CYBER 7
RESERVE WHO IS APPOIN TED BY THE ADJUTANT GENERAL AND SERVES AT THE 8
PLEASURE OF THE ADJUTANT GENERAL. 9

(B) THE MARYLAND CYBER RESERVE IS A COMPONENT OF THE ORGANIZED 10
MILITIA OF THE STATE IN ADDITION TO AND SEPARATE FROM TH E NATIONAL 11
GUARD. 12

(C) (1) THE MARYLAND CYBER RESERVE SHALL HAVE TH E PRI MARY 13
MISSION OF PROVIDING EDUCATIONAL AND TECHNICAL SUPPORT TO PREVENT AND 14
RESOLVE CYBER ATTACKS AGAINST: 15

(I) STATE, COUNTY, AND LOCAL GOVERNMENT AGENCIES; AND 16

(II) CRITICAL INFRASTRUCTURE WITHIN THE STATE. 17

(2) THE MARYLAND CYBER RESERVE SHALL ALSO HAVE OTHER 18
DUTIES AND MISSIONS AS IT MAY BE ASSIGNED FROM TIME TO TIME BY COMPETENT 19
AUTHORITY, INCLUDING PROVIDING TECHNICAL SUPPORT TO: 20

(I) CORPORATIONS CONDUCT ING BUSINESS WITHIN THE 21
STATE TARGETED IN A CYBER ATTACK; AND 22

(II) CITIZENS OF THE STATE TARGETED IN A CYBER ATTACK. 23

13–5A–02. 24

(A) (1) THE GOVERNOR MAY ADOPT RE GULATIONS TO CARRY O UT THIS 25
SUBTITLE GOVERNING T HE ENLISTMENT , ORGANIZATION, ADMINISTRATION, 26
EQUIPMENT, MAINTENANCE, TRAINING, AND DISCIPLINE OF THE MARYLAND CYBER 27
RESERVE. 28

(2) THE GOVERNOR MAY PRESCRIB E A UNIFORM FOR THE 29
SENATE BILL 183 5

MARYLAND CYBER RESERVE. 1

(B) (1) THE REGULATIONS SHALL PROHIBIT THE MARYLAND CYBER 2
RESERVE OR A MEMBER O F THE MARYLAND CYBER RESERVE FROM ACCEPTIN G 3
GIFTS, DONATIONS, GRATUITIES, OR ANYTHING OF VALUE FROM A PERSON IN 4
EXCHANGE FOR SPECIFIC AND ISOLATED SERVICES RENDERED BY THE MARYLAND 5
CYBER RESERVE. 6

(2) THIS SUBSECTION MAY N OT BE INTERPRETED TO PROHIBIT 7
GIFTS, BEQUESTS, AND THE LIKE FROM ANY INDIVIDUAL OR ORGANIZATION TO THE 8
MARYLAND CYBER RESERVE OR ANY FOUNDATION OR THE LIKE ESTABLISHED TO 9
SUPPORT ITS ACTIVITIES. 10

13–5A–03. 11

(A) THE MARYLAND CYBER RESERVE CONSISTS OF: 12

(1) COMMISSIONED OR ASSIGNED OFFICERS; AND 13

(2) QUALIFIED INDIVIDUAL S WHO VOLUNTEER TO S ERVE AND ARE 14
COMMISSIONED, APPOINTED, OR ENLISTED IN THE MARYLAND CYBER RESERVE. 15

(B) AN INDIVIDUAL MAY NOT BE COMMISSIONED OR E NLISTED IN THE 16
MARYLAND CYBER RESERVE IF THE INDIVIDUAL: 17

(1) IS NOT A CITIZEN OF THE UNITED STATES; 18

(2) HAS BEEN DISMISSED F ROM OR RECEIVED A BA D CONDUCT 19
DISCHARGE, A DISHONORABLE DISCH ARGE, OR ANY DISCHARGE OTH ER THAN 20
UNDER HONORABLE COND ITIONS FROM A MILITA RY OR NAVAL ORGANIZA TION OF 21
THIS STATE OR OF ANOTHER STATE, OR FROM ANY OF THE UNITED STATES ARMED 22
FORCES OR ITS AUXILIARIES, OR HAS BEEN CONVICTED OF AN OFFENSE UNDER THE 23
LAWS OF THE UNITED STATES OR OF ANY STAT E PUNISHABLE BY IMPR ISONMENT 24
FOR MORE THAN 1 YEAR, NO MATTER WHAT PUNISHMENT WAS ACTUALLY IMPOSED; 25
OR 26

(3) DOES NOT MEET THE QU ALIFICATIONS FOR COM MISSIONING, 27
APPOINTMENT, OR ENLISTMENT SPECIF IED IN REGUL ATIONS GOVERNING THE 28
MARYLAND CYBER RESERVE. 29

(C) A CIVIL ORGANIZATION , A SOCIETY, A CLUB, A POST, AN ORDER, A 30
FRATERNITY, AN ASSOCIATION, A BROTHERHOOD, A BODY, A UNION, A LEAGUE, OR 31
ANY OTHER COMBINATION OF PERSONS OR CIVIL GROUPS MAY NOT ENLIST IN THE 32
6 SENATE BILL 183

MARYLAND CYBER RESERVE AS AN ORGANIZATION OR A UNIT. 1

(D) (1) ALL MEMBERS OF THE MARYLAND CYBER RESERVE SERVE ON A 2
VOLUNTARY BASIS AND WITHOUT PAY, UNLESS UNDER ORDERS, APPROVED BY THE 3
ADJUTANT GENERAL, SPECIFYING THAT THE MEMBER’S SERVICE IS WITH PAY. 4

(2) (I) IF AN ORDER APPROVED BY THE ADJUTANT GENERAL 5
SPECIFIES THAT THE SERVICE OF A MEMBER OF THE MARYLAND CYBER RESERVE 6
IS WITH PAY , THE MEMBER SHALL REC EIVE A RATE OF PAY D ETERMINED AND 7
PROVIDED BY RULE BY THE ADJUTANT GENERAL. 8

(II) THE RULE SHALL ESTABLISH A RATE OF PAY REASONABLE 9
AND COMMENSURATE WIT H THE TRAINING , EXPERIENCE, AND PROFESSIONAL 10
QUALIFICATIONS OF THE MEMBER. 11

13–5A–04. 12

(A) AN OFFICER OR A WARRANT OFFICER COMMISSIONED OR APPOINTED IN 13
THE MARYLAND CYBER RESERVE SHALL TAKE TH E OATH P RESCRIBED IN § 14
13–5A–07 OF THIS SUBTITLE. 15

(B) AN INDIVIDUAL WHO ENL ISTS IN THE MARYLAND CYBER RESERVE 16
SHALL TAKE AN OATH S UBSTANTIALLY IN THE FORM REQUIRED FOR EN LISTED 17
PERSONNEL OF THE NATIONAL GUARD, SUBSTITUTING “MARYLAND CYBER 18
RESERVE” WHERE NECESSARY IN THE OATH. 19

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 20
THE ENLISTMENT PERIOD IN THE MARYLAND CYBER RESERVE IS DETERMINED BY 21
THE COMMANDING OFFICER BASED ON THE SPEC IALTY OF THE RECRUIT AND THE 22
NEEDS OF THE MILITIA AND MAY BE RENEWED. 23

(2) IN THE CASE THAT A STATE OF WAR EXISTS BETWEEN THE UNITED 24
STATES AND ANY OTHER NATION, OR THAT THERE IS A F EDERAL OR STATE 25
DECLARATION OF EMERG ENCY PRESENTLY IN FO RCE IN THE STATE, ALL 26
ENLISTMENTS SHALL CO NTINUE UNTIL 3 MONTHS AFTER SAID ST ATE OF WAR OR 27
EMERGENCY ENDS, UNLESS THE ENLISTED INDIVIDUAL IS DISCHARGED SOONER BY 28
PROPER AUTHORITY. 29

(D) THE GOVERNOR MAY ACCEPT T HE RESIGNATION OF AN OFFICER OR 30
GRANT A DISCHARGE TO AN ENLISTED INDIVIDUAL AT ANY TIME. 31

13–5A–05. 32

SENATE BILL 183 7

(A) THE GOVERNOR MAY REQ UISITION ANY ARMS AN D EQUIPMENT FROM 1
THE UNITED STATES SECRETARY OF DEFENSE THAT ARE IN T HE POSSESSION OF 2
AND CAN BE SPARED BY THE DEPARTMENT OF DEFENSE FOR USE BY TH E 3
MARYLAND CYBER RESERVE. 4

(B) THE GOVERNOR MAY ALLOW THE MARYLAND CYBER RESERVE TO USE 5
THE FACILITIES AND EQUIPMENT OF A STATE ARMORY OR OTHER AVAILABLE STATE 6
PREMISES AND PROPERTY. 7

(C) A SCHOOL AUTHORITY MAY ALLOW THE MARYLAND CYBER RESERVE 8
TO USE A SCHOOL BUILDING OR SCHOOL GROUNDS. 9

13–5A–06. 10

(A) (1) THIS TITLE DOES NOT A UTHORIZE THE MARYLAND CYBER 11
RESERVE TO BE ORDERED OR DRAFTED INTO THE MILITARY SERVICE OF THE 12
UNITED STATES, EXCEPT BY ORDER OF T HE PRESIDENT OF THE UNITED STATES 13
ACTING PURSUANT TO THE CONSTITUTION AND LAWS OF THE UNITED STATES. 14

(2) THIS SUBSECTION MAY N OT BE CONST RUED TO PROHIBIT 15
SERVICE OF THE MARYLAND CYBER RESERVE OR PERSONNEL THEREOF IN 16
MISSIONS IN WHICH FE DERAL MILITARY PERSO NNEL ARE ALSO SERVIN G OR IN 17
COMMAND. 18

(B) AN INDIVIDUAL IS NOT EXEMPT FROM MILITARY SERVICE UNDER THE 19
LAWS OF THE UNITED STATES BECAUSE THE INDIVIDUAL IS EN LISTED, 20
COMMISSIONED, OR APPOINTED IN THE MARYLAND CYBER RESERVE. 21

13–5A–07. 22

A COMMISSIONED OFFICER OF THE MARYLAND CYBER RESERVE SHALL TAKE 23
THE FOLLOWING OATH OF OFFICE: 24

“I, ..............., DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THE 25
CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF 26
MARYLAND, AGAINST ALL ENEMIES , FOREIGN AND DOMESTIC ; THAT I WILL BEAR 27
TRUE FAITH AND ALLEGIANCE TO THE SAME; THAT I WILL OBEY THE ORDERS OF THE 28
PRESIDENT OF THE UNITED STATES AND OF THE GOVERNOR OF THE STATE OF 29
MARYLAND; THAT I TAKE THIS OBLIGATION FREELY, WITHOUT ANY MENTAL 30
RESERVATION OR PURPOSE OF EVASION, AND THAT I WILL WELL AND FAITHFULLY 31
DISCHARGE THE DUTIES OF THE OFFICE OF ................... IN THE MARYLAND CYBER 32
RESERVE UPON WHICH I AM ABOUT TO ENTER, SO HELP ME GOD.” 33

13–5A–08. 34
8 SENATE BILL 183

(A) (1) THE GOVERNOR SHALL APPOIN T AND COMMISSION EAC H 1
COMMISSIONED OFFICER OR APPOINT EACH WARRANT OFFICER OF THE ORGANIZED 2
MILITIA ON RECOMMENDATION OF THE ADJUTANT GENERAL. 3

(2) THE APPOINTMENTS UNDER P ARAGRAPH (1) OF THIS 4
SUBSECTION DO NOT REQUIRE CONFIRMATION BY THE SENATE OF MARYLAND. 5

(B) (1) EACH INDIVIDUAL COMMISSIONED OR APPOINTED AS AN OFFICER 6
OR A WARRANT OFFICER SHALL BE: 7

(I) AN OFFICER , A WARRANT OFFICER , OR AN ENLISTE D 8
INDIVIDUAL OF THE NATIONAL GUARD; 9

(II) A RETIRED OR FORMER OFFICER OR WARRANT OFFICER OF 10
THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, OR COAST GUARD, 11
OR ANY AUXILIARY THEREOF; 12

(III) AN INDIVIDUAL WITH P RIOR ENLISTED SERVIC E IN THE 13
UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, OR COAST GUARD, OR 14
ANY AUXILIARY THEREOF; 15

(IV) A GRADUATE OF THE UNITED STATES MILITARY ACADEMY, 16
NAVAL ACADEMY, COAST GUARD ACADEMY, MERCHANT MARINE ACADEMY, OR 17
AIR FORCE ACADEMY; 18

(V) A GRADUATE OF A SCHOOL, A COLLEGE, A UNIVERSITY, OR 19
AN OFFICERS’ TRAINING SCHOOL WHO RECEIVED MILITARY IN STRUCTION UNDER 20
THE SUPERVISION OF A N OFFICER OF THE UNITED STATES ARMY, NAVY, MARINE 21
CORPS, AIR FORCE, OR COAST GUARD WHO CERTIFIED THE GRADUATE’S FITNESS 22
FOR APPOINTMENT AS A COMMISSIONED OFFICER; OR 23

(VI) AN INDIVIDUAL NOT OT HERWISE IDENTIFIED I N ITEMS (I) 24
THROUGH (V) OF THIS PARAGRAPH WHO IS SPECIALLY QUALIFIED FOR SERVICE BY 25
ACHIEVEMENT IN ANY PROFESSIONAL, TECHNICAL, OR PUBLIC SERVICE CAPACITY 26
OR OTHERWISE DISPLAYS EXTRAORDINARY QUALIFICATIONS FOR COMMISSIONING 27
AS AN OFFICER OF THE MARYLAND CYBER RESERVE. 28

(2) BEFORE TAKING OFFICE , EACH MEMBER OF THE NATIONAL 29
GUARD SHALL TAKE THE OATH PRESCRIBED IN § 13–407 OF THIS TITLE AND EACH 30
MEMBER OF THE MARYLAND CYBER RESERVE SHALL TAKE THE OATH PRESCRIBED 31
IN § 13–5A–07 OF THIS SUBTITLE. 32

SENATE BILL 183 9

(C) WHEN INITIALLY APPOIN TED, A GENERAL OFFICER OR COLONEL OF 1
THE ORGANIZED MILITIA MUST: 2

(1) BE AN OFFICER IN THE NATIONAL GUARD OF A GRADE OF O–4 OR 3
HIGHER; OR 4

(2) HAVE SERVED IN ANY COMPONENT OR AUXILIARY OF THE UNITED 5
STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, OR COAST GUARD OR 6
NATIONAL GUARD WITH THE GRADE OF O–4 OR HIGHER. 7

(D) WHEN INITIALLY APPOIN TED, A LIEUTENANT COLONEL OR MAJOR OF 8
THE LINE MUST HAVE H AD SERVICE AS AN OFFICER FOR AT LEAST 2 YEARS IN ANY 9
COMPONENT OR AUXILIARY OF THE UNITED STATES ARMY, NAVY, MARINE CORPS, 10
AIR FORCE, OR COAST GUARD OR NATIONAL GUARD. 11

(E) SUBSECTIONS (C) AND (D) OF THIS SECTION DO NOT APPLY IN THE CASE 12
OF: 13

(1) OFFICERS PROMOTED TO THE GRADE OF MAJOR OR ABOVE FROM 14
WITHIN THE MARYLAND CYBER RESERVE; OR 15

(2) OFFICERS QUALIFIED U NDER SUBSECTION (B)(1)(VI) OF THIS 16
SECTION. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19