[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9611-S9612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  CIVILIAN CYBER SECURITY RESERVE ACT

  Mr. HEINRICH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 348, S. 1324.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1324) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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

[[Page S9612]]

     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.

  Mr. HEINRICH. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 1324), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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