I 

117TH CONGRESS 

1ST SESSION H. R. 2894 

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 HOUSE OF REPRESENTATIVES 

APRIL 28, 2021 

Mr. PANETTA (for himself and Mr. CALVERT) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civilian Cyber Security 

5 Reserve Act’’. 


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1 SEC. 2. CIVILIAN CYBER SECURITY RESERVE PILOT 

2 PROJECT. 

3 (a) PILOT PROJECT.— 

4 (1) IN GENERAL.—Each appropriate agency 

5 head may carry out a pilot project to establish a Ci6 vilian Cyber Security Reserve at the covered agency 

7 to address the cyber security needs of the United 

8 States with respect to national security. 

9 (2) APPOINTMENTS.—Under a pilot project au10 thorized under paragraph (1), the appropriate agen11 cy head may noncompetitively appoint members of 

12 the Civilian Cyber Security Reserve to temporary po13 sitions in the competitive or excepted service. 

14 (3) STATUS AS EMPLOYEES.—An individual ap15 pointed under paragraph (2) shall be considered a 

16 Federal civil service employee under section 2105 of 

17 title 5, United States Code. 

18 (b) ELIGIBILITY; APPLICATION AND SELECTION.— 

19 (1) IN GENERAL.—Under a pilot project au20 thorized under subsection (a), the appropriate agen21 cy head shall establish criteria for— 

22 (A) individuals to be eligible for the Civil23 ian Cyber Security Reserve in the covered agen24 cy; and 

25 (B) the application and selection processes 

26 for the Reserve. 


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1 (2) REQUIREMENTS FOR INDIVIDUALS.—The 

2 criteria established under paragraph (1)(A) with re3 spect to an individual shall include— 

4 (A) previous employment by the Federal 

5 Government or within the uniformed services; 

6 and 

7 (B) cyber security expertise. 

8 (3) AGREEMENT REQUIRED.—An individual 

9 may become a member of the Civilian Cyber Secu10 rity Reserve only if the individual enters into an 

11 agreement with the appropriate agency head to be12 come such a member, which shall set forth the rights 

13 and obligations of the individual and the covered 

14 agency. 

15 (4) EXCEPTION FOR CONTINUING MILITARY

16 SERVICE COMMITMENTS.—A member of the Selected 

17 Reserve under section 10143 of title 10, United 

18 States Code, may not be a member of the Civilian 

19 Cyber Security Reserve. 

20 (c) COMPONENTS OF THE CIVILIAN CYBER SECURITY

21 RESERVE.—The appropriate agency head may consider, 

22 in carrying out a pilot project authorized under subsection 

23 (a), developing different components of the Civilian Cyber 

24 Security Reserve in the covered agency, one with an obli25 gation to respond when called into activation at the direcVerDate Sep 11 2014 16:37 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2894.IH H2894

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1 tion of the appropriate agency head and one that is not 

2 compelled to so respond, with appropriate corresponding 

3 differing benefits for each such component. 

4 (d) SECURITY CLEARANCES.— 

5 (1) IN GENERAL.—The appropriate agency 

6 head shall ensure that all members of the Civilian 

7 Cyber Security Reserve in the covered agency under8 go the appropriate personnel vetting and adjudica9 tion commensurate with the duties of the position, 

10 including a determination of eligibility for access to 

11 classified information where a security clearance is 

12 necessary, in accordance with Executive Order 

13 12968 (50 U.S.C. 3161 note; relating to access to 

14 classified information) and Executive Order 13467 

15 (50 U.S.C. 3161 note; relating to reforming proc16 esses related to suitability for Government employ17 ment, fitness for contractor employees, and eligibility 

18 for access to classified national security informa19 tion). 

20 (2) COST OF MAINTAING CLEARANCES.—The 

21 original sponsor of a security clearance of a member 

22 of a Civilian Cyber Security Reserve at a covered 

23 agency shall be responsible for the cost of maintain24 ing that security clearance. 

25 (e) PROJECT GUIDANCE.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, each ap3 propriate agency head may issue guidance estab4 lishing and implementing a pilot project authorized 

5 under subsection (a) at the covered agency. 

6 (2) PENALTIES.— 

7 (A) IN GENERAL.—In developing guidance 

8 under paragraph (1), an appropriate agency 

9 head may provide for penalties for individuals 

10 who do not respond to activation when called, 

11 such as recoupment of pay or benefits earned 

12 as a member of the Civilian Cybersecurity Re13 serve, or recoupment of civilian service cred14 itable under section 8411 of title 5, United 

15 States Code. 

16 (B) PROCEDURES.—In the case of a pro17 posed penalty or action under this paragraph, 

18 the individual shall be entitled to the applicable 

19 procedures set forth in title 5, Code of Federal 

20 Regulations, or as otherwise specified in appli21 cable guidance. 

22 (f) EVALUATION.—Not later than 5 years after the 

23 pilot project authorized under subsection (a) is established 

24 in each covered agency, the Comptroller General of the 

25 United States shall— 


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1 (1) conduct a study evaluating the pilot project 

2 at each such agency; and 

3 (2) submit to Congress— 

4 (A) a report on the results of the study; 

5 and 

6 (B) a recommendation with respect to 

7 whether the pilot project should be modified, 

8 extended in duration, or established as a per9 manent program. 

10 (g) REPORT.—Not later than 5 years after the pilot 

11 project authorized under subsection (a) is established in 

12 a covered agency, the appropriate agency head shall sub13 mit to the Committee on Homeland Security and Govern14 mental Affairs and the Committee on Armed Services of 

15 the Senate and the Committee on Homeland Security and 

16 the Committee on Armed Services of the House of Rep17 resentatives a report— 

18 (1) relating to the activities carried out under 

19 the pilot project; and 

20 (2) that includes a recommendation with re21 spect to whether the pilot project should be modi22 fied, extended in duration, or established as a per23 manent program. 


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1 (h) SUNSET.—A pilot project authorized under this 

2 section shall terminate on the date that is 6 years after 

3 the date on which the pilot project is established. 

4 (i) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE AGENCY HEAD.—The term 

6 ‘‘appropriate agency head’’ means— 

7 (A) in the case of the Department of 

8 Homeland Security, the Secretary of Homeland 

9 Security; and 

10 (B) in the case of the Department of De11 fense, the Secretary of Defense. 

12 (2) COMPETITIVE SERVICE.—The term ‘‘com13 petitive service’’ has the meaning given that term in 

14 section 2102 of title 5, United States Code. 

15 (3) COVERED AGENCY.—The term ‘‘covered 

16 agency’’ means the Department of Homeland Secu17 rity or the Department of Defense. 

18 (4) EXCEPTED SERVICE.—The term ‘‘excepted 

19 service’’ has the meaning given the term in section 

20 2103 of title 5, United States Code. 

21 (5) TEMPORARY.—The term ‘‘temporary’’ 

22 means a period of not more than 6 months. 

23 (6) UNIFORMED SERVICES.—The term ‘‘uni24 formed services’’ has the meaning given that term in 

25 section 2101 of title 5, United States Code. 


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1 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to each appropriate 

3 agency head such sums as may be necessary to carry out 

4 this section. 

Æ 


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