Sec. 1112. Civilian Cybersecurity Reserve pilot project
1,527 words·~7 min read·
/bill/117/s/4543/rs/section-1112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Armed Services of the Senate; the Committee on Homeland Security of the House of Representatives; and the Committee on Armed Services of the House of Representatives. The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. The term excepted service has the meaning given the term in section 2103 of title 5, United States Code.
The term significant incident — means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to— the national security interests, foreign relations, or economy of the United States; or the public confidence, civil liberties, or public health and safety of the people of the United States; and does not include an incident or a portion of a group of related incidents that occurs on— a national security system, as defined in section 3552 of title 44, United States Code; or an information system described in paragraph
(2)or
(3)of section 3553(e) of title 44, United States Code. The term temporary position means a position in the competitive or excepted service for a period of 180 days or less. The term uniformed services has the meaning given the term in section 2101 of title 5, United States Code. The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the cyberspace operations forces of the United States Cyber Command to effectively respond to significant incidents. Consistent with section 4703 of title 5, United States Code, in carrying out the pilot project required under paragraph (1), the Secretary may, without further authorization from the Office of Personnel Management, provide for alternative methods of— establishing qualifications requirements for, recruitment of, and appointment to positions; and classifying positions. Under the pilot project required under paragraph (1), upon occurrence of a significant incident, the Secretary— may activate members of the Civilian Cybersecurity Reserve by— noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service; shall notify Congress whenever a member is activated under subparagraph (A); and may appoint not more than 50 members to the Civilian Cybersecurity Reserve under subparagraph
(A)at any time. An individual appointed under paragraph
(4)shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. Individuals appointed under paragraph
(4)shall be in addition to any employees of the United States Cyber Command who provide cybersecurity services. 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. During the period beginning on the date on which an individual is recruited 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. Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— individuals to be eligible for the Civilian Cybersecurity Reserve; and the application and selection processes for the Civilian Cybersecurity Reserve. The criteria established under paragraph (1)(A) with respect to an individual shall include— if the individual has previously served as a member of the Civilian Cybersecurity Reserve, 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; and cybersecurity expertise. The Secretary shall— 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 require each individual appointed under subsection (b)(4) to notify the Secretary if a potential conflict of interest arises during the appointment. An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army. 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. Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. The Secretary of the Army 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. If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member. Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall begin a study on the design and implementation of the pilot project required under subsection (b)(1), including— compensation and benefits for members of the Civilian Cybersecurity Reserve; activities that members may undertake as part of their duties; methods for identifying and recruiting members, including alternatives to traditional qualifications requirements; 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; resources, including additional funding, needed to carry out the pilot project; 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 processes and requirements for training and onboarding members. Not later than one year after beginning the study required under paragraph (1), the Secretary shall— submit to the appropriate congressional committees an implementation plan for the pilot project required under subsection (b)(1); and provide to the appropriate congressional committees a briefing on the implementation plan. The Secretary may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (2). Not later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1). Not later than one year after the date of the enactment of this Act, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project, including— participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; an evaluation of the ethical requirements of the pilot project; whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army during significant incidents; and an evaluation of the eligibility requirements for the pilot project. Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the appropriate congressional committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— 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; how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and an evaluation of the eligibility requirements for the pilot project. Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— conduct a study evaluating the pilot project; and submit to Congress— a report on the results of the study; and a recommendation with respect to whether the pilot project should be modified. The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established. No additional funds are authorized to be appropriated for the purpose of carrying out this section. Funds to carry out this section may, as provided in advance in appropriations Acts, only come from amounts authorized to be appropriated to the Army.