II Calendar No. 204 118th CONGRESS 1st Session S. 885 [Report No. 118–96] 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.

1. Short title This Act may be cited as the Department of Homeland Security Civilian Cybersecurity Reserve Act . 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 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 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 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— (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.

1. Short title This Act may be cited as the Department of Homeland Security Civilian Cybersecurity Reserve Act . 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.

September 11, 2023 Reported with an amendment