[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 885 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 204
118th CONGRESS
  1st Session
                                 S. 885

                          [Report No. 118-96]

  To establish a Civilian Cybersecurity Reserve in the Department of 
Homeland Security as a pilot project to address the cybersecurity needs 
 of the United States with respect to national security, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2023

  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

                           September 11, 2023

               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 Cybersecurity Reserve in the Department of 
Homeland Security as a pilot project to address the cybersecurity 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 ``Department of Homeland 
Security Civilian Cybersecurity Reserve Act''.</DELETED>

<DELETED>SEC. 2. CIVILIAN CYBERSECURITY RESERVE PILOT 
              PROJECT.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Agency.--The term ``Agency'' means the 
        Cybersecurity and Infrastructure Security Agency.</DELETED>
        <DELETED>    (2) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (C) the Committee on Homeland Security of 
                the House of Representatives;</DELETED>
                <DELETED>    (D) the Committee on Oversight and 
                Accountability of the House of Representatives; 
                and</DELETED>
                <DELETED>    (E) the Committee on Appropriations of the 
                House of Representatives.</DELETED>
        <DELETED>    (3) Competitive service.--The term ``competitive 
        service'' has the meaning given the term in section 2102 of 
        title 5, United States Code.</DELETED>
        <DELETED>    (4) Director.--The term ``Director'' means the 
        Director of the Agency.</DELETED>
        <DELETED>    (5) Excepted service.--The term ``excepted 
        service'' has the meaning given the term in section 2103 of 
        title 5, United States Code.</DELETED>
        <DELETED>    (6) Significant incident.--The term ``significant 
        incident''--</DELETED>
                <DELETED>    (A) means an incident or a group of 
                related incidents that results, or is likely to result, 
                in demonstrable harm to--</DELETED>
                        <DELETED>    (i) the national security 
                        interests, foreign relations, or economy of the 
                        United States; or</DELETED>
                        <DELETED>    (ii) the public confidence, civil 
                        liberties, or public health and safety of the 
                        people of the United States; and</DELETED>
                <DELETED>    (B) does not include an incident or a 
                portion of a group of related incidents that occurs 
                on--</DELETED>
                        <DELETED>    (i) a national security system, as 
                        defined in section 3552 of title 44, United 
                        States Code; or</DELETED>
                        <DELETED>    (ii) an information system 
                        described in paragraph (2) or (3) of section 
                        3553(e) of title 44, United States 
                        Code.</DELETED>
        <DELETED>    (7) Temporary position.--The term ``temporary 
        position'' means a position in the competitive or excepted 
        service for a period of 6 months or less.</DELETED>
        <DELETED>    (8) 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.--The Director may carry out a 
        pilot project to establish a Civilian Cybersecurity Reserve at 
        the Agency.</DELETED>
        <DELETED>    (2) Purpose.--The purpose of a Civilian 
        Cybersecurity Reserve is to enable the Agency to effectively 
        respond to significant incidents.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) establishing qualifications 
                requirements for, recruitment of, and appointment to 
                positions; and</DELETED>
                <DELETED>    (B) classifying positions.</DELETED>
        <DELETED>    (4) Appointments.--Under the pilot project 
        authorized under paragraph (1), upon occurrence of a 
        significant incident, the Director--</DELETED>
                <DELETED>    (A) may activate members of the Civilian 
                Cybersecurity Reserve by--</DELETED>
                        <DELETED>    (i) noncompetitively appointing 
                        members of the Civilian Cybersecurity Reserve 
                        to temporary positions in the competitive 
                        service; or</DELETED>
                        <DELETED>    (ii) appointing members of the 
                        Civilian Cybersecurity Reserve to temporary 
                        positions in the excepted service;</DELETED>
                <DELETED>    (B) shall notify Congress whenever a 
                member is activated under subparagraph (A); 
                and</DELETED>
                <DELETED>    (C) may appoint not more than 30 members 
                to the Civilian Cybersecurity Reserve under 
                subparagraph (A) at any time.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Additional employees.--Individuals appointed 
        under subsection (b)(4) shall be in addition to any employees 
        of the Agency who provide cybersecurity services.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Eligibility; Application and Selection.--</DELETED>
        <DELETED>    (1) In general.--Under the pilot project 
        authorized under subsection (b), the Director shall establish 
        criteria for--</DELETED>
                <DELETED>    (A) individuals to be eligible for the 
                Civilian Cybersecurity Reserve; and</DELETED>
                <DELETED>    (B) the application and selection 
                processes for the Civilian Cybersecurity 
                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--</DELETED>
                        <DELETED>    (i) by the executive 
                        branch;</DELETED>
                        <DELETED>    (ii) within the uniformed 
                        services;</DELETED>
                        <DELETED>    (iii) as a Federal contractor 
                        within the executive branch; or</DELETED>
                        <DELETED>    (iv) by a State, local, Tribal, or 
                        territorial government;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) cybersecurity expertise.</DELETED>
        <DELETED>    (3) Prescreening.--The Agency shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) require each individual appointed 
                under subsection (b)(4) to notify the Agency if a 
                potential conflict of interest arises during the 
                appointment.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Security Clearances.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Study and Implementation Plan.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) compensation and benefits for members 
                of the Civilian Cybersecurity Reserve;</DELETED>
                <DELETED>    (B) activities that members may undertake 
                as part of their duties;</DELETED>
                <DELETED>    (C) methods for identifying and recruiting 
                members, including alternatives to traditional 
                qualifications requirements;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) resources, including additional 
                funding, needed to carry out the pilot 
                project;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (G) processes and requirements for 
                training and onboarding members.</DELETED>
        <DELETED>    (2) Implementation plan.--Not later than 1 year 
        after beginning the study required under paragraph (1), the 
        Agency shall--</DELETED>
                <DELETED>    (A) submit to the appropriate 
                congressional committees an implementation plan for the 
                pilot project authorized under subsection (b)(1); 
                and</DELETED>
                <DELETED>    (B) provide to the appropriate 
                congressional committees a briefing on the 
                implementation plan.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Briefings and Report.--</DELETED>
        <DELETED>    (1) Briefings.--Not later than 1 year after the 
        date on which the Director issues the guidance required under 
        subsection (f), 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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) an evaluation of the ethical 
                requirements of the pilot project;</DELETED>
                <DELETED>    (C) whether the Civilian Cybersecurity 
                Reserve has been effective in providing additional 
                capacity to the Agency during significant incidents; 
                and</DELETED>
                <DELETED>    (D) an evaluation of the eligibility 
                requirements for the pilot project.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) the ethical requirements of the pilot 
                project and the effectiveness of mitigation efforts to 
                address any conflict of interest concerns; 
                and</DELETED>
                <DELETED>    (D) an evaluation of the eligibility 
                requirements for the pilot project.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) conduct a study evaluating the pilot project 
        at the 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>    (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.</DELETED>
<DELETED>    (j) No Additional Funds.--</DELETED>
        <DELETED>    (1) In general.--No additional funds are 
        authorized to be appropriated for the purpose of carrying out 
        this Act.</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
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 Accountability 
                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 
                temporary positions.
            (5) Status as employees.--An individual appointed under 
        paragraph (4) shall be considered a Federal civil service 
        employee under section 2105 of title 5, United States Code.
            (6) Additional employees.--Individuals appointed under 
        paragraph (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 paragraph (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 paragraph (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)(1), 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 (as 
        defined in section 2105 of title 5, United States Code) 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 that member.
    (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 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 on 
        which the Director issues the guidance required under 
        subsection (f), and every year thereafter, the Agency shall 
        provide to the appropriate congressional committees a briefing 
        on activities carried out under the pilot project authorized 
        under subsection (b)(1), 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 on, 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)(1) 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 subsection (b)(1) 
shall terminate on the date that is 4 years after the date on which the 
pilot project is established, except that an activated member of the 
Civilian Cybersecurity Reserve who was appointed to and is serving in a 
temporary position under this section as of the day before that 
termination date may continue to serve until the end of the 
appointment.
    (j) No Additional Funds.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this Act.
                                                       Calendar No. 204

118th CONGRESS

  1st Session

                                 S. 885

                          [Report No. 118-96]

_______________________________________________________________________

                                 A BILL

  To establish a Civilian Cybersecurity Reserve in the Department of 
Homeland Security as a pilot project to address the cybersecurity needs 
 of the United States with respect to national security, and for other 
                               purposes.

_______________________________________________________________________

                           September 11, 2023

                       Reported with an amendment