[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1324 Reported in Senate (RS)]
<DOC>
Calendar No. 348
117th CONGRESS
2d Session
S. 1324
[Report No. 117-97]
To establish a Civilian Cyber Security Reserve as a pilot project to
address the cyber security needs of the United States with respect to
national security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2021
Ms. Rosen (for herself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
April 27, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a Civilian Cyber Security Reserve as a pilot project to
address the cyber security needs of the United States with respect to
national security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Civilian Cyber Security
Reserve Act''.</DELETED>
<DELETED>SEC. 2. CIVILIAN CYBER SECURITY RESERVE PILOT
PROJECT.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate agency head.--The term
``appropriate agency head'' means--</DELETED>
<DELETED> (A) in the case of the Department of
Homeland Security, the Secretary of Homeland Security;
and</DELETED>
<DELETED> (B) in the case of the Department of
Defense, the Secretary of Defense.</DELETED>
<DELETED> (2) Competitive service.--The term ``competitive
service'' has the meaning given the term in section 2102 of
title 5, United States Code.</DELETED>
<DELETED> (3) Covered agency.--The term ``covered agency''
means the Department of Homeland Security or the Department of
Defense.</DELETED>
<DELETED> (4) Excepted service.--The term ``excepted
service'' has the meaning given the term in section 2103 of
title 5, United States Code.</DELETED>
<DELETED> (5) Temporary.--The term ``temporary'' means a
period of not more than 6 months.</DELETED>
<DELETED> (6) Uniformed services.--The term ``uniformed
services'' has the meaning given the term in section 2101 of
title 5, United States Code.</DELETED>
<DELETED> (b) Pilot Project.--</DELETED>
<DELETED> (1) In general.--Each appropriate agency head may
carry out a pilot project to establish a Civilian Cyber
Security Reserve at the covered agency to address the cyber
security needs of the United States with respect to national
security.</DELETED>
<DELETED> (2) Appointments.--Under a pilot project
authorized under paragraph (1), the appropriate agency head may
noncompetitively appoint members of the Civilian Cyber Security
Reserve to temporary positions in the competitive or excepted
service.</DELETED>
<DELETED> (3) Status as employees.--An individual appointed
under paragraph (2) shall be considered a Federal civil service
employee under section 2105 of title 5, United States
Code.</DELETED>
<DELETED> (4) Additional employees.--Individuals appointed
under paragraph (2) shall be in addition to any employees of
the covered agency who provide cyber security
services.</DELETED>
<DELETED> (5) Employment protections.--The Secretary of
Labor shall prescribe such regulations as necessary to ensure
the reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
paragraph (2), provided that such regulations shall include, at
a minimum, those rights and obligations set forth under chapter
43 of title 38, United States Code.</DELETED>
<DELETED> (c) Eligibility; Application and Selection.--</DELETED>
<DELETED> (1) In general.--Under a pilot project authorized
under subsection (b), the appropriate agency head shall
establish criteria for--</DELETED>
<DELETED> (A) individuals to be eligible for the
Civilian Cyber Security Reserve in the covered agency;
and</DELETED>
<DELETED> (B) the application and selection
processes for the Reserve.</DELETED>
<DELETED> (2) Requirements for individuals.--The criteria
established under paragraph (1)(A) with respect to an
individual shall include--</DELETED>
<DELETED> (A) previous employment by the Federal
Government or within the uniformed services;
and</DELETED>
<DELETED> (B) cyber security expertise.</DELETED>
<DELETED> (3) Agreement required.--An individual may become
a member of the Civilian Cyber Security Reserve only if the
individual enters into an agreement with the appropriate agency
head to become such a member, which shall set forth the rights
and obligations of the individual and the covered
agency.</DELETED>
<DELETED> (4) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cyber Security Reserve.</DELETED>
<DELETED> (d) Components of the Civilian Cyber Security Reserve.--
The appropriate agency head may consider, in carrying out a pilot
project authorized under subsection (b), developing different
components of the Civilian Cyber Security Reserve in the covered
agency, one with an obligation to respond when called into activation
at the direction of the appropriate agency head and one that is not
compelled to so respond, with appropriate corresponding differing
benefits for each such component.</DELETED>
<DELETED> (e) Security Clearances.--</DELETED>
<DELETED> (1) In general.--The appropriate agency head shall
ensure that all members of the Civilian Cyber Security Reserve
in the covered agency undergo the appropriate personnel vetting
and adjudication commensurate with the duties of the position,
including a determination of eligibility for access to
classified information where a security clearance is necessary,
in accordance with Executive Order 12968 (50 U.S.C. 3161 note;
relating to access to classified information) and Executive
Order 13467 (50 U.S.C. 3161 note; relating to reforming
processes related to suitability for Government employment,
fitness for contractor employees, and eligibility for access to
classified national security information).</DELETED>
<DELETED> (2) Cost of maintaining clearances.--The original
sponsor of a security clearance of a member of a Civilian Cyber
Security Reserve at a covered agency shall be responsible for
the cost of maintaining that security clearance.</DELETED>
<DELETED> (f) Project Guidance.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, each appropriate agency head may
issue guidance establishing and implementing a pilot project
authorized under subsection (b) at the covered
agency.</DELETED>
<DELETED> (2) Penalties.--</DELETED>
<DELETED> (A) In general.--In developing guidance
under paragraph (1), an appropriate agency head may
provide for penalties for individuals who do not
respond to activation when called, such as recoupment
of pay or benefits earned as a member of the Civilian
Cyber Security Reserve or recoupment of civilian
service creditable under section 8411 of title 5,
United States Code.</DELETED>
<DELETED> (B) Procedures.--In the case of a proposed
penalty or action under this paragraph, the individual
shall be entitled to the applicable procedures set
forth in title 5, Code of Federal Regulations, or as
otherwise specified in applicable guidance.</DELETED>
<DELETED> (g) Evaluation.--Not later than 5 years after the pilot
project authorized under subsection (b) is established in each covered
agency, the Comptroller General of the United States shall--</DELETED>
<DELETED> (1) conduct a study evaluating the pilot project
at the covered agency; and</DELETED>
<DELETED> (2) submit to Congress--</DELETED>
<DELETED> (A) a report on the results of the study;
and</DELETED>
<DELETED> (B) a recommendation with respect to
whether the pilot project should be modified, extended
in duration, or established as a permanent
program.</DELETED>
<DELETED> (h) Report.--Not later than 5 years after the pilot
project authorized under subsection (b) is established in a covered
agency, the appropriate agency head shall submit to the Committee on
Homeland Security and Governmental Affairs and the Committee on Armed
Services of the Senate and the Committee on Homeland Security and the
Committee on Armed Services of the House of Representatives a report--
</DELETED>
<DELETED> (1) on the activities carried out under the pilot
project; and</DELETED>
<DELETED> (2) that includes a recommendation with respect to
whether the pilot project should be modified, extended in
duration, or established as a permanent program.</DELETED>
<DELETED> (i) Sunset.--A pilot project authorized under this section
shall terminate on the date that is 6 years after the date on which the
pilot project is established.</DELETED>
<DELETED> (j) Authorization of Appropriations.--There are authorized
to be appropriated to each appropriate agency head such sums as may be
necessary to carry out this section.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Cybersecurity Reserve
Act''.
SEC. 2. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Cybersecurity
and Infrastructure Security Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives;
(D) the Committee on Oversight and Reform of the
House of Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(4) Director.--The term ``Director'' means the Director of
the Agency.
(5) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(6) Significant incident.--The term ``significant
incident''--
(A) means an incident or a group of related
incidents that results, or is likely to result, in
demonstrable harm to--
(i) the national security interests,
foreign relations, or economy of the United
States; or
(ii) the public confidence, civil
liberties, or public health and safety of the
people of the United States; and
(B) does not include an incident or a portion of a
group of related incidents that occurs on--
(i) a national security system, as defined
in section 3552 of title 44, United States
Code; or
(ii) an information system described in
paragraph (2) or (3) of section 3553(e) of
title 44, United States Code.
(7) Temporary position.--The term ``temporary position''
means a position in the competitive or excepted service for a
period of 6 months or less.
(8) Uniformed services.--The term ``uniformed services''
has the meaning given the term in section 2101 of title 5,
United States Code.
(b) Pilot Project.--
(1) In general.--The Director may carry out a pilot project
to establish a Civilian Cybersecurity Reserve at the Agency.
(2) Purpose.--The purpose of a Civilian Cybersecurity
Reserve is to enable the Agency to effectively respond to
significant incidents.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out a pilot project
authorized under paragraph (1), the Director may, without
further authorization from the Office of Personnel Management,
provide for alternative methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(4) Appointments.--Under the pilot project authorized under
paragraph (1), upon occurrence of a significant incident, the
Director--
(A) may activate members of the Civilian
Cybersecurity Reserve by--
(i) noncompetitively appointing members of
the Civilian Cybersecurity Reserve to temporary
positions in the competitive service; or
(ii) appointing members of the Civilian
Cybersecurity Reserve to temporary positions in
the excepted service;
(B) shall notify Congress whenever a member is
activated under subparagraph (A); and
(C) may appoint not more than 30 members to the
Civilian Cybersecurity Reserve under subparagraph (A)
at any time.
(5) Status as employees.--An individual appointed under
subsection (b)(4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
subsection (b)(4) shall be in addition to any employees of the
Agency who provide cybersecurity services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-discrimination
in reemployment of individuals appointed under subsection
(b)(4), provided that such regulations shall include, at a
minimum, those rights and obligations set forth under chapter
43 of title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited by the Agency to serve
in the Civilian Cybersecurity Reserve and ending on the date on
which the individual is appointed under subsection (b)(4), and
during any period in between any such appointments, the
individual shall not be considered a Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project authorized under
subsection (b), the Director shall establish criteria for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) previous employment--
(i) by the executive branch;
(ii) within the uniformed services;
(iii) as a Federal contractor within the
executive branch; or
(iv) by a State, local, Tribal, or
territorial government;
(B) if the individual has previously served as a
member of the Civilian Cybersecurity Reserve of the
Agency, that the previous appointment ended not less
than 60 days before the individual may be appointed for
a subsequent temporary position in the Civilian
Cybersecurity Reserve of the Agency; and
(C) cybersecurity expertise.
(3) Prescreening.--The Agency shall--
(A) conduct a prescreening of each individual prior
to appointment under subsection (b)(4) for any topic or
product that would create a conflict of interest; and
(B) require each individual appointed under
subsection (b)(4) to notify the Agency if a potential
conflict of interest arises during the appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Director to become such a
member, which shall set forth the rights and obligations of the
individual and the Agency.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Priority.--In appointing individuals to the Civilian
Cybersecurity Reserve, the Agency shall prioritize the
appointment of individuals described in clause (i) or (ii) of
paragraph (2)(A) before considering individuals described in
clause (iii) or (iv) of paragraph (2)(A).
(7) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve in
the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Director shall ensure that all members
of the Civilian Cybersecurity Reserve undergo the appropriate
personnel vetting and adjudication commensurate with the duties
of the position, including a determination of eligibility for
access to classified information where a security clearance is
necessary, according to applicable policy and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance in
order to carry out their duties, the Agency shall be
responsible for the cost of sponsoring the security clearance
of a member of the Civilian Cybersecurity Reserve.
(e) Study and Implementation Plan.--
(1) Study.--Not later than 60 days after the date of
enactment of this Act, the Agency shall begin a study on the
design and implementation of the pilot project authorized under
subsection (b)(1) at the Agency, including--
(A) compensation and benefits for members of the
Civilian Cybersecurity Reserve;
(B) activities that members may undertake as part
of their duties;
(C) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(D) methods for preventing conflicts of interest or
other ethical concerns as a result of participation in
the pilot project and details of mitigation efforts to
address any conflict of interest concerns;
(E) resources, including additional funding, needed
to carry out the pilot project;
(F) possible penalties for individuals who do not
respond to activation when called, in accordance with
the rights and procedures set forth under title 5, Code
of Federal Regulations; and
(G) processes and requirements for training and
onboarding members.
(2) Implementation plan.--Not later than 1 year after
beginning the study required under paragraph (1), the Agency
shall--
(A) submit to the appropriate congressional
committees an implementation plan for the pilot project
authorized under subsection (b)(1); and
(B) provide to the appropriate congressional
committees a briefing on the implementation plan.
(3) Prohibition.--The Agency may not take any action to
begin implementation of the pilot project authorized under
subsection (b)(1) until the Agency fulfills the requirements
under paragraph (2).
(f) Project Guidance.--Not later than 2 years after the date of
enactment of this Act, the Director shall, in consultation with the
Office of Personnel Management and the Office of Government Ethics,
issue guidance establishing and implementing the pilot project
authorized under subsection (b)(1) at the Agency.
(g) Briefings and Report.--
(1) Briefings.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the Agency
shall provide to the appropriate congressional committees a
briefing on activities carried out under the pilot project of
the Agency, including--
(A) participation in the Civilian Cybersecurity
Reserve, including the number of participants, the
diversity of participants, and any barriers to
recruitment or retention of members;
(B) an evaluation of the ethical requirements of
the pilot project;
(C) whether the Civilian Cybersecurity Reserve has
been effective in providing additional capacity to the
Agency during significant incidents; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(2) Report.--Not earlier than 6 months and not later than 3
months before the date on which the pilot project of the Agency
terminates under subsection (i), the Agency shall submit to the
appropriate congressional committees a report and provide a
briefing on recommendations relating to the pilot project,
including recommendations for--
(A) whether the pilot project should be modified,
extended in duration, or established as a permanent
program, and if so, an appropriate scope for the
program;
(B) how to attract participants, ensure a diversity
of participants, and address any barriers to
recruitment or retention of members of the Civilian
Cybersecurity Reserve;
(C) the ethical requirements of the pilot project
and the effectiveness of mitigation efforts to address
any conflict of interest concerns; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(h) Evaluation.--Not later than 3 years after the pilot project
authorized under subsection (b) is established in the Agency, the
Comptroller General of the United States shall--
(1) conduct a study evaluating the pilot project at the
Agency; and
(2) submit to Congress--
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the
pilot project should be modified, extended in duration,
or established as a permanent program.
(i) Sunset.--The pilot project authorized under this section shall
terminate on the date that is 4 years after the date on which the pilot
project is established.
(j) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this Act.
(2) Existing authorized amounts.--Funds to carry out this
Act may, as provided in advance in appropriations Acts, only
come from amounts authorized to be appropriated to the Agency.
Calendar No. 348
117th CONGRESS
2d Session
S. 1324
[Report No. 117-97]
_______________________________________________________________________
A BILL
To establish a Civilian Cyber Security Reserve as a pilot project to
address the cyber security needs of the United States with respect to
national security, and for other purposes.
_______________________________________________________________________
April 27, 2022
Reported with an amendment