[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 903 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 903

 To require the Secretary of the Army to carry out a pilot project to 
  establish a Civilian Cybersecurity Reserve, 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 Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Army to carry out a pilot project to 
  establish a Civilian Cybersecurity Reserve, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Civilian 
Cybersecurity Reserve Act''.

SEC. 2. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.

    (a) Definitions.--In this Act:
            (1) 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 Armed Services of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on Armed Services of the House of 
                Representatives.
            (2) Competitive service.--The term ``competitive service'' 
        has the meaning given the term in section 2102 of title 5, 
        United States Code.
            (3) Excepted service.--The term ``excepted service'' has 
        the meaning given the term in section 2103 of title 5, United 
        States Code.
            (4) Temporary position.--The term ``temporary position'' 
        means a position in the competitive or excepted service for a 
        period of 180 days or less.
    (b) Pilot Project.--
            (1) In general.--The Secretary of the Army shall carry out 
        a pilot project to establish a Civilian Cybersecurity Reserve.
            (2) Purpose.--The purpose of the Civilian Cybersecurity 
        Reserve is to enable the Army to provide manpower to the United 
        States Cyber Command to effectively--
                    (A) preempt, defeat, deter, or respond to malicious 
                cyber activity;
                    (B) conduct cyberspace operations;
                    (C) secure information and systems of the 
                Department of Defense against malicious cyber activity; 
                and
                    (D) assist in solving cyber workforce-related 
                challenges.
            (3) Alternative methods.--Consistent with section 4703 of 
        title 5, United States Code, in carrying out the pilot project 
        required under paragraph (1), the Secretary 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 required under 
        paragraph (1), in order to fulfill the purpose under paragraph 
        (2), the Secretary--
                    (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 50 members to the 
                Civilian Cybersecurity Reserve under subparagraph (A) 
                at any time.
            (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 
        United States Cyber Command 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 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 required under 
        subsection (b)(1), the Secretary of the Army 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) if the individual has previously served as a 
                member of the Civilian Cybersecurity Reserve, 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; and
                    (B) cybersecurity expertise.
            (3) Prescreening.--The Secretary 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 Secretary 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 Secretary to become such a 
        member, which shall set forth the rights and obligations of the 
        individual and the Army.
            (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) 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 Secretary of the Army 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 the duties of the member, the Army shall be 
        responsible for the cost of sponsoring the security clearance 
        of the member.
    (e) Implementation Plan.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary of Defense submits to the Committee on 
        Armed Services of the Senate and the Committee on Armed 
        Services of the House of Representatives the report required 
        under section 1540(d)(2) of the James M. Inhofe National 
        Defense Authorization Act for Fiscal Year 2023 (Public Law 117-
        263) on the feasibility and advisability of creating and 
        maintaining a civilian cybersecurity reserve corps, the 
        Secretary of the Army shall--
                    (A) submit to the appropriate congressional 
                committees an implementation plan for the pilot project 
                required under subsection (b)(1); and
                    (B) provide to the appropriate congressional 
                committees a briefing on the implementation plan.
            (2) Prohibition.--The Secretary of the Army may not take 
        any action to begin implementation of the pilot project 
        required under subsection (b)(1) until the Secretary fulfills 
        the requirements under paragraph (1).
    (f) Project Guidance.--Not later than two years after the date of 
the enactment of this Act, the Secretary of the Army shall, in 
consultation with the Office of Personnel Management and the Office of 
Government Ethics, issue guidance establishing and implementing the 
pilot project required under subsection (b)(1).
    (g) Briefings and Report.--
            (1) Briefings.--Not later than one year after the date on 
        which the guidance required under subsection (f) is issued, and 
        every year thereafter until the date on which the pilot project 
        required under subsection (b)(1) terminates under subsection 
        (i), the Secretary of the Army shall provide to the appropriate 
        congressional committees a briefing on activities carried out 
        under the pilot project, 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 
                Army; and
                    (D) an evaluation of the eligibility requirements 
                for the pilot project.
            (2) Report.--Not earlier than 180 days and not later than 
        90 days before the date on which the pilot project required 
        under subsection (b)(1) terminates under subsection (i), the 
        Secretary 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 three years after the pilot project 
required under subsection (b)(1) is established, the Comptroller 
General of the United States shall--
            (1) conduct a study evaluating the pilot project; 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.
    (i) Sunset.--The pilot project required under subsection (b)(1) 
shall terminate on the date that is four 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 Army.
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