[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7929-S7931]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4420. Ms. ROSEN (for herself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 1109 and insert the following:

     SEC. 1109. CIVILIAN CYBERSECURITY RESERVES PILOT PROJECT.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Cybersecurity 
     and Infrastructure Security Agency.
       (2) Competitive service.--The term ``competitive service'' 
     has the meaning given the term in section 2102 of title 5, 
     United States Code.
       (3) Director.--The term ``Director'' means the Director of 
     the Agency.
       (4) Excepted service.--The term ``excepted service'' has 
     the meaning given the term in section 2103 of title 5, United 
     States Code.
       (5) Executive agent.--The term ``Executive Agent'' means 
     the Executive Agent of the United States Cyber Command.
       (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 180 days 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.--There is established a pilot project 
     under which--
       (1) the Executive Agent, in coordination with the Chief 
     Information Officer of the Department of Defense, shall 
     establish a Civilian Cybersecurity Reserve at the United 
     States Cyber Command in accordance with subsection (c); and
       (2) the Director may establish a Civilian Cybersecurity 
     Reserve at the Agency in accordance with subsection (d).
       (c) Civilian Cybersecurity Reserve at the United States 
     Cyber Command.--
       (1) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (ii) the Committee on Armed Services of the Senate;
       (iii) the Committee on Appropriations of the Senate;
       (iv) the Committee on Homeland Security of the House of 
     Representatives;
       (v) the Committee on Armed Services of the House of 
     Representatives; and
       (vi) the Committee on Appropriations of the House of 
     Representatives.
       (B) Civilian cybersecurity reserve.--The term ``Civilian 
     Cybersecurity Reserve'' means the Civilian Cybersecurity 
     Reserve at the United States Cyber Command established under 
     subsection (b)(1).
       (C) Pilot project.--The term ``pilot project'' means the 
     pilot project established by subsection (b) with respect to 
     the United States Cyber Command.
       (2) Purpose.--The purpose of the Civilian Cybersecurity 
     Reserve is to enable the United States Cyber Command to 
     effectively respond to significant incidents.
       (3) Alternative methods.--Consistent with section 4703 of 
     title 5, United States Code, in carrying out the pilot 
     project, the Executive Agent 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, upon occurrence 
     of a significant incident, the Executive Agent--

[[Page S7930]]

       (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 by the United States 
     Cyber Command 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.
       (9) Eligibility; application and selection.--
       (A) In general.--Under the pilot project, the Executive 
     Agent shall establish criteria for--
       (i) individuals to be eligible for the Civilian 
     Cybersecurity Reserve; and
       (ii) the application and selection processes for the 
     Civilian Cybersecurity Reserve.
       (B) Requirements for individuals.--The criteria established 
     under subparagraph (A)(i) with respect to an individual shall 
     include--
       (i) 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
       (ii) cybersecurity expertise.
       (C) Prescreening.--The Executive Agent shall--
       (i) conduct a prescreening of each individual prior to 
     appointment under paragraph (4) for any topic or product that 
     would create a conflict of interest; and
       (ii) require each individual appointed under paragraph (4) 
     to notify the Executive Agent if a potential conflict of 
     interest arises during the appointment.
       (D) Agreement required.--An individual may become a member 
     of the Civilian Cybersecurity Reserve only if the individual 
     enters into an agreement with the Executive Agent to become 
     such a member, which shall set forth the rights and 
     obligations of the individual and the United States Cyber 
     Command.
       (E) 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.
       (F) Prohibition.--Any individual who is an employee of the 
     executive branch may not be recruited or appointed to serve 
     in the Civilian Cybersecurity Reserve.
       (10) Security clearances.--
       (A) In general.--The Executive Agent 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.
       (B) 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 United 
     States Cyber Command shall be responsible for the cost of 
     sponsoring the security clearance of the member.
       (11) Study and implementation plan.--
       (A) Study.--Not later than 60 days after the date on which 
     the Principal Cyber Advisor to the Secretary of Defense, in 
     conjunction with the Under Secretary for Personnel and 
     Readiness of the Department of Defense and the Principal 
     Cyber Advisors of the military services, submits the 
     evaluation of reserve models tailored to the support of 
     cyberspace operations for the Department required by section 
     1730(a) of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283), 
     the Executive Agent shall begin a study on the design and 
     implementation of the pilot project required under subsection 
     (b)(1), including--
       (i) compensation and benefits for members of the Civilian 
     Cybersecurity Reserve;
       (ii) activities that members may undertake as part of their 
     duties;
       (iii) methods for identifying and recruiting members, 
     including alternatives to traditional qualifications 
     requirements;
       (iv) 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;
       (v) resources, including additional funding, needed to 
     carry out the pilot project;
       (vi) 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
       (vii) processes and requirements for training and 
     onboarding members.
       (B) Implementation plan.--Not later than one year after 
     beginning the study required under subparagraph (A), the 
     Executive Agent shall--
       (i) submit to the appropriate congressional committees an 
     implementation plan for the pilot project; and
       (ii) provide to the appropriate congressional committees a 
     briefing on the implementation plan.
       (C) Prohibition.--The Executive Agent may not take any 
     action to begin implementation of the pilot project until the 
     Executive Agent fulfills the requirements under subparagraph 
     (B).
       (12) Project guidance.--Not later than two years after the 
     date of the enactment of this Act, the Executive Agent shall, 
     in consultation with the Office of Personnel Management and 
     the Office of Government Ethics, issue guidance establishing 
     and implementing the pilot project.
       (13) Briefings and report.--
       (A) Briefings.--Not later than one year after the date on 
     which the Executive Agent issues guidance establishing and 
     implementing the pilot project under paragraph (12), the 
     Executive Agent shall provide to the appropriate 
     congressional committees a briefing on activities carried out 
     under the pilot project, including--
       (i) participation in the Civilian Cybersecurity Reserve, 
     including the number of participants, the diversity of 
     participants, and any barriers to recruitment or retention of 
     members;
       (ii) an evaluation of the ethical requirements of the pilot 
     project;
       (iii) whether the Civilian Cybersecurity Reserve has been 
     effective in providing additional capacity to the United 
     States Cyber Command during significant incidents; and
       (iv) an evaluation of the eligibility requirements for the 
     pilot project.
       (B) Report.--Not earlier than 180 days and not later than 
     90 days before the date on which the pilot project terminates 
     under subsection (e), the Executive Agent shall submit to the 
     appropriate congressional committees a report and provide a 
     briefing on recommendations relating to the pilot project, 
     including recommendations for--
       (i) 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;
       (ii) how to attract participants, ensure a diversity of 
     participants, and address any barriers to recruitment or 
     retention of members of the Civilian Cybersecurity Reserve;
       (iii) the ethical requirements of the pilot project and the 
     effectiveness of mitigation efforts to address any conflict 
     of interest concerns; and
       (iv) an evaluation of the eligibility requirements for the 
     pilot project.
       (14) Evaluation.--Not later than three years after the 
     Civilian Cybersecurity Reserve is established under 
     subsection (b)(1), the Comptroller General of the United 
     States shall--
       (A) conduct a study evaluating the pilot project; and
       (B) submit to Congress--
       (i) a report on the results of the study; and
       (ii) a recommendation with respect to whether the pilot 
     project should be modified.
       (d) Civilian Cybersecurity Reserve at the Cybersecurity and 
     Infrastructure Security Agency.--
       (1) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (ii) the Committee on Appropriations of the Senate;
       (iii) the Committee on Homeland Security of the House of 
     Representatives;
       (iv) the Committee on Oversight and Reform of the House of 
     Representatives; and
       (v) the Committee on Appropriations of the House of 
     Representatives.
       (B) Civilian cybersecurity reserve.--The term ``Civilian 
     Cybersecurity Reserve'' means the Civilian Cybersecurity 
     Reserve at the Agency established under subsection (b)(2).
       (C) Pilot project.--The term ``pilot project'' means the 
     pilot project established by subsection (b) with respect to 
     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 the pilot 
     project, 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.

[[Page S7931]]

       (4) Appointments.--Under the pilot project, 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 
     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.
       (9) Eligibility; application and selection.--
       (A) In general.--Under the pilot project, the Director 
     shall establish criteria for--
       (i) individuals to be eligible for the Civilian 
     Cybersecurity Reserve; and
       (ii) the application and selection processes for the 
     Civilian Cybersecurity Reserve.
       (B) Requirements for individuals.--The criteria established 
     under subparagraph (A)(i) with respect to an individual shall 
     include--
       (i) 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;

       (ii) 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
       (iii) cybersecurity expertise.
       (C) Prescreening.--The Director shall--
       (i) conduct a prescreening of each individual prior to 
     appointment under paragraph (4) for any topic or product that 
     would create a conflict of interest; and
       (ii) require each individual appointed under paragraph (4) 
     to notify the Director if a potential conflict of interest 
     arises during the appointment.
       (D) 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.
       (E) 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.
       (F) Priority.--In appointing individuals to the Civilian 
     Cybersecurity Reserve, the Agency shall prioritize the 
     appointment of individuals described in subclause (I) or (II) 
     of subparagraph (B)(i) before considering individuals 
     described in subclause (III) or (IV) of subparagraph (B)(i).
       (G) Prohibition.--Any individual who is an employee of the 
     executive branch may not be recruited or appointed to serve 
     in the Civilian Cybersecurity Reserve.
       (10) Security clearances.--
       (A) 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.
       (B) 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 Agency 
     shall be responsible for the cost of sponsoring the security 
     clearance of the member.
       (11) Study and implementation plan.--
       (A) Study.--Not later than 60 days after the date of the 
     enactment of this Act, the Director shall begin a study on 
     the design and implementation of the pilot project, 
     including--
       (i) compensation and benefits for members of the Civilian 
     Cybersecurity Reserve;
       (ii) activities that members may undertake as part of their 
     duties;
       (iii) methods for identifying and recruiting members, 
     including alternatives to traditional qualifications 
     requirements;
       (iv) 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;
       (v) resources, including additional funding, needed to 
     carry out the pilot project;
       (vi) 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
       (vii) processes and requirements for training and 
     onboarding members.
       (B) Implementation plan.--Not later than one year after 
     beginning the study required under subparagraph (A), the 
     Director shall--
       (i) submit to the appropriate congressional committees an 
     implementation plan for the pilot project; and
       (ii) provide to the appropriate congressional committees a 
     briefing on the implementation plan.
       (C) Prohibition.--The Director may not take any action to 
     begin implementation of the pilot project until the Director 
     fulfills the requirements under subparagraph (B).
       (12) Project guidance.--If the Director establishes the 
     Civilian Cybersecurity Reserve, not later than two years 
     after the date of the 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.
       (13) Briefings and report.--
       (A) Briefings.--Not later than one year after the date on 
     which the Director issues guidance establishing and 
     implementing the pilot project under paragraph (12), and 
     every year thereafter until the date on which the pilot 
     project terminates under subsection (e), the Director shall 
     provide to the appropriate congressional committees a 
     briefing on activities carried out under the pilot project, 
     including--
       (i) participation in the Civilian Cybersecurity Reserve, 
     including the number of participants, the diversity of 
     participants, and any barriers to recruitment or retention of 
     members;
       (ii) an evaluation of the ethical requirements of the pilot 
     project;
       (iii) whether the Civilian Cybersecurity Reserve has been 
     effective in providing additional capacity to the Agency 
     during significant incidents; and
       (iv) an evaluation of the eligibility requirements for the 
     pilot project.
       (B) Report.--Not earlier than 180 days and not later than 
     90 days before the date on which the pilot project terminates 
     under subsection (e), the Director shall submit to the 
     appropriate congressional committees a report and provide a 
     briefing on recommendations relating to the pilot project, 
     including recommendations for--
       (i) 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;
       (ii) how to attract participants, ensure a diversity of 
     participants, and address any barriers to recruitment or 
     retention of members of the Civilian Cybersecurity Reserve;
       (iii) the ethical requirements of the pilot project and the 
     effectiveness of mitigation efforts to address any conflict 
     of interest concerns; and
       (iv) an evaluation of the eligibility requirements for the 
     pilot project.
       (14) Evaluation.--Not later than three years after the 
     Civilian Cybersecurity Reserve is established under 
     subsection (b)(2), the Comptroller General of the United 
     States shall--
       (A) conduct a study evaluating the pilot project; and
       (B) submit to Congress--
       (i) a report on the results of the study; and
       (ii) a recommendation with respect to whether the pilot 
     project should be modified, extended in duration, or 
     established as a permanent program.
       (e) Sunset.--The pilot project established by subsection 
     (b) shall terminate on the date that is four years after the 
     date of the enactment of this Act.
       (f) No Additional Funds.--
       (1) In general.--No additional funds are authorized to be 
     appropriated for the purpose of carrying out this section.
       (2) Existing authorized amounts.--Funds to carry out this 
     section may, as provided in advance in appropriations Acts, 
     only come from amounts authorized to be appropriated to--
       (A) the United States Cyber Command, with respect to the 
     Civilian Cybersecurity Reserve at the United States Cyber 
     Command established under subsection (b)(1); and
       (B) the Agency, with respect to the Civilian Cybersecurity 
     Reserve at the Agency established under subsection (b)(2).
                                 ______