S. 1324 — Reported in Senate → Engrossed in Senate

(a)

Definitions— In this section:

(1)

changed ~~Appropriate agency head—~~Agency— The term ~~appropriate agency head means—~~Agency means the Cybersecurity and Infrastructure Security Agency.

(2)

added Appropriate congressional committees— The term appropriate congressional committees means—

(A)

added the Committee on Homeland Security and Governmental Affairs of the Senate;

(B)

added the Committee on Appropriations of the Senate;

(C)

added the Committee on Homeland Security of the House of Representatives;

(D)

added the Committee on Oversight and Reform of the House of Representatives; and

(E)

added the Committee on Appropriations of the House of Representatives.

(A)

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

(B)

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

(3)

renumbered was (2)(4) Competitive service— The term competitive service has the meaning given the term in section 2102 of title 5, United States Code.

(4)

added Director— The term Director means the Director of the Agency.

(3)

removed ~~Covered agency—~~ ~~The term covered agency means the Department of Homeland Security or the Department of Defense.~~

(5)

renumbered was (2)(6) Excepted service— The term excepted service has the meaning given the term in section 2103 of title 5, United States Code.

(6)

added Significant incident— The term significant incident—

(A)

added means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to—

(i)

added the national security interests, foreign relations, or economy of the United States; or

(ii)

added the public confidence, civil liberties, or public health and safety of the people of the United States; and

(B)

added does not include an incident or a portion of a group of related incidents that occurs on—

(i)

added a national security system, as defined in section 3552 of title 44, United States Code; or

(ii)

added an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code.

(7)

added Temporary position— The term temporary position means a position in the competitive or excepted service for a period of 6 months or less.

(5)

removed ~~Temporary—~~ ~~The term temporary means a period of not more than 6 months.~~

(8)

renumbered was (2)(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)

changed In general— ~~Each appropriate agency head~~ The Director may carry out a pilot project to establish a Civilian ~~Cyber Security~~ Cybersecurity Reserve at the ~~covered agency to address the cyber security needs of the United States with respect to national security.~~Agency.

(2)

changed ~~Appointments—~~Purpose— ~~Under a pilot project authorized under paragraph (1), the appropriate agency head may noncompetitively appoint members~~ The purpose of ~~the~~ a Civilian ~~Cyber Security~~ Cybersecurity Reserve is to ~~temporary positions in~~ enable the ~~competitive or excepted service.~~Agency to effectively respond to significant incidents.

(3)

changed ~~Status as employees—~~Alternative methods— ~~An individual appointed under paragraph (2) shall be considered a Federal civil service employee under~~ Consistent with section ~~2105~~ 4703 of title 5, United States ~~Code.~~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)

added establishing qualifications requirements for, recruitment of, and appointment to positions; and

(B)

added classifying positions.

(4)

changed ~~Additional employees—~~Appointments— ~~Individuals appointed~~ Under the pilot project authorized under paragraph ~~(2) shall be in addition to any employees~~ (1), upon occurrence of a significant incident, the ~~covered agency who provide cyber security services.~~Director—

(A)

added may activate members of the Civilian Cybersecurity Reserve by—

(i)

added noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or

(ii)

added appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service;

(B)

added shall notify Congress whenever a member is activated under subparagraph (A); and

(C)

added may appoint not more than 30 members to the Civilian Cybersecurity Reserve under subparagraph (A) at any time.

(5)

changed ~~Employment protections—~~Status as employees— ~~The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals~~ An individual appointed under ~~paragraph (2), provided that such regulations~~ subsection (b)(4) shall ~~include, at~~ be considered a ~~minimum, those rights and obligations set forth~~ Federal civil service employee under ~~chapter 43~~ section 2105 of title ~~38,~~ 5, United States Code.

(6)

added Additional employees— Individuals appointed under subsection (b)(4) shall be in addition to any employees of the Agency who provide cybersecurity services.

(7)

added 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)

added 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)

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

(A)

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

(B)

changed 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)

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

(i)

added by the executive branch;

(ii)

added within the uniformed services;

(iii)

added as a Federal contractor within the executive branch; or

(iv)

added by a State, local, Tribal, or territorial government;

(B)

changed ~~cyber security expertise.~~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)

added cybersecurity expertise.

(3)

changed ~~Agreement required—~~Prescreening— 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.The Agency shall—

(A)

added 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)

added require each individual appointed under subsection (b)(4) to notify the Agency if a potential conflict of interest arises during the appointment.

(4)

changed ~~Exception for continuing military service commitments—~~Agreement required— A An individual may become a member of the ~~Selected~~ Civilian Cybersecurity Reserve ~~under section 10143 of title 10, United States Code, may not be~~ only if the individual enters into an agreement with the Director to become such a ~~member~~ member, which shall set forth the rights and obligations of the ~~Civilian Cyber Security Reserve.~~individual and the Agency.

(5)

added 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)

added 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)

added 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)

added Security clearances—

(1)

added 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)

added 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.

(d)

removed ~~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)

changed ~~Security clearances—~~Study and implementation plan—

(1)

changed ~~In general—~~Study— ~~The appropriate agency head shall ensure that all members of~~ Not later than 60 days after the ~~Civilian Cyber Security Reserve in~~ date of enactment of this Act, the ~~covered agency undergo~~ Agency shall begin a study on the ~~appropriate personnel vetting~~ design and ~~adjudication commensurate with the duties~~ implementation 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).pilot project authorized under subsection (b)(1) at the Agency, including—

(A)

added compensation and benefits for members of the Civilian Cybersecurity Reserve;

(B)

added activities that members may undertake as part of their duties;

(C)

added methods for identifying and recruiting members, including alternatives to traditional qualifications requirements;

(D)

added 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)

added resources, including additional funding, needed to carry out the pilot project;

(F)

added 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)

added processes and requirements for training and onboarding members.

(2)

changed ~~Cost of maintaining clearances—~~Implementation plan— ~~The original sponsor of a security clearance of a member of a Civilian Cyber Security Reserve at a covered agency shall be responsible for~~ Not later than 1 year after beginning the ~~cost of maintaining that security clearance.~~study required under paragraph (1), the Agency shall—

(A)

added submit to the appropriate congressional committees an implementation plan for the pilot project authorized under subsection (b)(1); and

(B)

added provide to the appropriate congressional committees a briefing on the implementation plan.

(3)

added 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)

added 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)

added Briefings and report—

(1)

added 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)

added 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)

added an evaluation of the ethical requirements of the pilot project;

(C)

added whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Agency during significant incidents; and

(D)

added an evaluation of the eligibility requirements for the pilot project.

(f)

removed ~~Project guidance—~~

(1)

removed ~~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)

removed ~~Penalties—~~

(A)

removed ~~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)

removed ~~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)

removed ~~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—~~

(2)

changed Report— ~~conduct a study evaluating~~ Not earlier than 6 months and not later than 3 months before the date on which the pilot project at of the ~~covered agency; and~~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)

added 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)

added 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)

added the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and

(D)

added an evaluation of the eligibility requirements for the pilot project.

(h)

added 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)

added conduct a study evaluating the pilot project at the Agency; and

(2)

renumbered was (8)(4) submit to Congress—

(A)

renumbered was (8)(4)(2) a report on the results of the study; and

(B)

renumbered was (8)(4)(3) a recommendation with respect to whether the pilot project should be modified, extended in duration, or established as a permanent program.

(h)

removed ~~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)

removed ~~on the activities carried out under the pilot project; and~~

(2)

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

(i)

changed Sunset— A The pilot project authorized under this section shall terminate on the date that is 6 4 years after the date on which the pilot project is established.

(j)

added No additional funds—

(1)

added In general— No additional funds are authorized to be appropriated for the purpose of carrying out this Act.

(2)

added 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.

(j)

removed ~~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.~~

S. 1324 — what changed

Section 1 Short title

Sec. 2 Civilian Cybersecurity Reserve pilot project

Cite this provision

Incoming references