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S. 1324: Civilian Cyber Security Reserve Act


The text of the bill below is as of Apr 22, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 1324

IN THE SENATE OF THE UNITED STATES

April 22, 2021

(for herself and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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.

Short title

This Act may be cited as the Civilian Cyber Security Reserve Act.

2.

Civilian Cyber Security Reserve pilot project

(a)

Definitions

In this section:

(1)

Appropriate agency head

The term appropriate agency head means—

(A)

in the case of the Department of Homeland Security, the Secretary of Homeland Security; and

(B)

in the case of the Department of Defense, the Secretary of Defense.

(2)

Competitive service

The term competitive service has the meaning given the term in section 2102 of title 5, United States Code.

(3)

Covered agency

The term covered agency means the Department of Homeland Security or the Department of Defense.

(4)

Excepted service

The term excepted service has the meaning given the term in section 2103 of title 5, United States Code.

(5)

Temporary

The term temporary means a period of not more than 6 months.

(6)

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

Each appropriate agency head may carry out a pilot project to establish a Civilian Cyber Security Reserve at the covered agency to address the cyber security needs of the United States with respect to national security.

(2)

Appointments

Under a pilot project authorized under paragraph (1), the appropriate agency head may noncompetitively appoint members of the Civilian Cyber Security Reserve to temporary positions in the competitive or excepted service.

(3)

Status as employees

An individual appointed under paragraph (2) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code.

(4)

Additional employees

Individuals appointed under paragraph (2) shall be in addition to any employees of the covered agency who provide cyber security services.

(5)

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 (2), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code.

(c)

Eligibility; application and selection

(1)

In general

Under a pilot project authorized under subsection (b), the appropriate agency head shall establish criteria for—

(A)

individuals to be eligible for the Civilian Cyber Security Reserve in the covered agency; and

(B)

the application and selection processes for the Reserve.

(2)

Requirements for individuals

The criteria established under paragraph (1)(A) with respect to an individual shall include—

(A)

previous employment by the Federal Government or within the uniformed services; and

(B)

cyber security expertise.

(3)

Agreement required

An individual may become a member of the Civilian Cyber Security Reserve only if the individual enters into an agreement with the appropriate agency head to become such a member, which shall set forth the rights and obligations of the individual and the covered agency.

(4)

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 Cyber Security Reserve.

(d)

Components of the Civilian Cyber Security Reserve

The appropriate agency head may consider, in carrying out a pilot project authorized under subsection (b), developing different components of the Civilian Cyber Security Reserve in the covered agency, one with an obligation to respond when called into activation at the direction of the appropriate agency head and one that is not compelled to so respond, with appropriate corresponding differing benefits for each such component.

(e)

Security clearances

(1)

In general

The appropriate agency head shall ensure that all members of the Civilian Cyber Security Reserve in the covered agency 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, in accordance with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information) and Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).

(2)

Cost of maintaining clearances

The original sponsor of a security clearance of a member of a Civilian Cyber Security Reserve at a covered agency shall be responsible for the cost of maintaining that security clearance.

(f)

Project guidance

(1)

In general

Not later than 180 days after the date of enactment of this Act, each appropriate agency head may issue guidance establishing and implementing a pilot project authorized under subsection (b) at the covered agency.

(2)

Penalties

(A)

In general

In developing guidance under paragraph (1), an appropriate agency head may provide for penalties for individuals who do not respond to activation when called, such as recoupment of pay or benefits earned as a member of the Civilian Cyber Security Reserve or recoupment of civilian service creditable under section 8411 of title 5, United States Code.

(B)

Procedures

In the case of a proposed penalty or action under this paragraph, the individual shall be entitled to the applicable procedures set forth in title 5, Code of Federal Regulations, or as otherwise specified in applicable guidance.

(g)

Evaluation

Not later than 5 years after the pilot project authorized under subsection (b) is established in each covered agency, the Comptroller General of the United States shall—

(1)

conduct a study evaluating the pilot project at the covered 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.

(h)

Report

Not later than 5 years after the pilot project authorized under subsection (b) is established in a covered agency, the appropriate agency head shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate and the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives a report—

(1)

on the activities carried out under the pilot project; and

(2)

that includes a recommendation with respect to whether the pilot project should be modified, extended in duration, or established as a permanent program.

(i)

Sunset

A pilot project authorized under this section shall terminate on the date that is 6 years after the date on which the pilot project is established.

(j)

Authorization of appropriations

There are authorized to be appropriated to each appropriate agency head such sums as may be necessary to carry out this section.