,,ii #aahth ,,congress #ast ,session ,s4 #hhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbc,ms4 ,rosen 7for herself and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,department of ,homeland ,security ,civilian ,cybersecurity ,reserve ,act4 #b4 ,civilian ,cybersecurity ,reserve pilot project 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term ,agency means the ,cybersecurity and ,infrastructure ,security ,agency4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,d7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives2 and 7,e7 the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,competitive service ,the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 7#d7 ,director ,the term ,director means the ,director of the ,agency4 7#e7 ,excepted service ,the term excepted service has the meaning given the term in section #bajc of title #e1 ,united ,states ,code4 7#f7 ,significant incident ,the term significant incident-- 7,a7 means an incident or a group of related incidents that results1 or is likely to result1 in demonstrable harm to-- 7i7 the national security interests1 foreign relations1 or economy of the ,united ,states2 or 7ii7 the public confidence1 civil liberties1 or public health and safety of the people of the ,united ,states2 and 7,b7 does not include an incident or a portion of a group of related incidents that occurs on-- 7i7 a national security system1 as defined in section #ceeb of title #dd1 ,united ,states ,code2 or 7ii7 an information system described in paragraph 7#b7 or 7#c7 of section #ceec7;e7 of title #dd1 ,united ,states ,code4 7#g7 ,temporary position ,the term temporary position means a position in the competitive or excepted service for a period of #f months or less4 7#h7 ,uniformed services ,the term uniformed services has the meaning given the term in section #baja of title #e1 ,united ,states ,code4 7b7 ,pilot project 7#a7 ,in general ,the ,director may carry out a pilot project to establish a ,civilian ,cybersecurity ,reserve at the ,agency4 7#b7 ,purpose ,the purpose of a ,civilian ,cybersecurity ,reserve is to enable the ,agency to effectively respond to significant incidents4 7#c7 ,alternative methods ,consistent with section #dgjc of title #e1 ,united ,states ,code1 in carrying out a pilot project authorized under paragraph 7#a71 the ,director may1 without further authorization from the ,office of ,personnel ,management1 provide for alternative methods of-- 7,a7 establishing qualifications requirements for1 recruitment of1 and appointment to positions2 and 7,b7 classifying positions4 7#d7 ,appointments ,under the pilot project authorized under paragraph 7#a71 upon occurrence of a significant incident1 the ,director-- 7,a7 may activate members of the ,civilian ,cybersecurity ,reserve by-- 7i7 noncompetitively appointing members of the ,civilian ,cybersecurity ,reserve to temporary positions in the competitive service2 or 7ii7 appointing members of the ,civilian ,cybersecurity ,reserve to temporary positions in the excepted service2 7,b7 shall notify ,congress whenever a member is activated under subparagraph 7,a72 and 7,c7 may appoint not more than #cj members to the ,civilian ,cybersecurity ,reserve under subparagraph 7,a7 at any time4 7#e7 ,status as employees ,an individual appointed under subsection 7b77#d7 shall be considered a ,federal civil service employee under section #baje of title #e1 ,united ,states ,code4 7#f7 ,additional employees ,individuals appointed under subsection 7b77#d7 shall be in addition to any employees of the ,agency who provide cybersecurity services4 7#g7 ,employment protections ,the ,secretary of ,labor shall prescribe such regulations as necessary to ensure the reemployment1 continuation of benefits1 and non-discrimination in reemployment of individuals appointed under subsection 7b77#d71 provided that such regulations shall include1 at a minimum1 those rights and obligations set forth under chapter #dc of title #ch1 ,united ,states ,code4 7#h7 ,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 7b77#d71 and during any period in between any such appointments1 the individual shall not be considered a ,federal employee4 7c7 ,eligibility2 application and selection 7#a7 ,in general ,under the pilot project authorized under subsection 7b71 the ,director shall establish criteria for-- 7,a7 individuals to be eligible for the ,civilian ,cybersecurity ,reserve2 and 7,b7 the application and selection processes for the ,civilian ,cybersecurity ,reserve4 7#b7 ,requirements for individuals ,the criteria established under paragraph 7#a77;,a7 with respect to an individual shall include-- 7,a7 previous employment-- 7i7 by the executive branch2 7ii7 within the uniformed services2 7iii7 as a ,federal contractor within the executive branch2 or 7iv7 by a ,state1 local1 ,tribal1 or territorial government2 7,b7 if the individual has previously served as a member of the ,civilian ,cybersecurity ,reserve of the ,agency1 that the previous appointment ended not less than #fj days before the individual may be appointed for a subsequent temporary position in the ,civilian ,cybersecurity ,reserve of the ,agency2 and 7,c7 cybersecurity expertise4 7#c7 ,prescreening ,the ,agency shall-- 7,a7 conduct a prescreening of each individual prior to appointment under subsection 7b77#d7 for any topic or product that would create a conflict of interest2 and 7,b7 require each individual appointed under subsection 7b77#d7 to notify the ,agency if a potential conflict of interest arises during the appointment4 7#d7 ,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 member1 which shall set forth the rights and obligations of the individual and the ,agency4 7#e7 ,exception for continuing military service commitments ,a member of the ,selected ,reserve under section #ajadc of title #aj1 ,united ,states ,code1 may not be a member of the ,civilian ,cybersecurity ,reserve4 7#f7 ,priority ,in appointing individuals to the ,civilian ,cybersecurity ,reserve1 the ,agency shall prioritize the appointment of individuals described in clause 7i7 or 7ii7 of paragraph 7#b77;,a7 before considering individuals described in clause 7iii7 or 7iv7 of paragraph 7#b77;,a74 7#g7 ,prohibition ,any individual who is an employee of the executive branch may not be recruited or appointed to serve in the ,civilian ,cybersecurity ,reserve4 7d7 ,security clearances 7#a7 ,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 position1 including a determination of eligibility for access to classified information where a security clearance is necessary1 according to applicable policy and authorities4 7#b7 ,cost of sponsoring clearances ,if a member of the ,civilian ,cybersecurity ,reserve requires a security clearance in order to carry out their duties1 the ,agency shall be responsible for the cost of sponsoring the security clearance of a member of the ,civilian ,cybersecurity ,reserve4 7e7 ,study and implementation plan 7#a7 ,study ,not later than #fj days after the date of enactment of this ,act1 the ,agency shall begin a study on the design and implementation of the pilot project authorized under subsection 7b77#a7 at the ,agency1 including-- 7,a7 compensation and benefits for members of the ,civilian ,cybersecurity ,reserve2 7,b7 activities that members may undertake as part of their duties2 7,c7 methods for identifying and recruiting members1 including alternatives to traditional qualifications requirements2 7,d7 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 concerns2 7,e7 resources1 including additional funding1 needed to carry out the pilot project2 7,f7 possible penalties for individuals who do not respond to activation when called1 in accordance with the rights and procedures set forth under title #e1 ,code of ,federal ,regulations2 and 7,g7 processes and requirements for training and onboarding members4 7#b7 ,implementation plan ,not later than #a year after beginning the study required under paragraph 7#a71 the ,agency shall-- 7,a7 submit to the appropriate congressional committees an implementation plan for the pilot project authorized under subsection 7b77#a72 and 7,b7 provide to the appropriate congressional committees a briefing on the implementation plan4 7#c7 ,prohibition ,the ,agency may not take any action to begin implementation of the pilot project authorized under subsection 7b77#a7 until the ,agency fulfills the requirements under paragraph 7#b74 7f7 ,project guidance ,not later than #b years after the date of enactment of this ,act1 the ,director shall1 in consultation with the ,office of ,personnel ,management and the ,office of ,government ,ethics1 issue guidance establishing and implementing the pilot project authorized under subsection 7b77#a7 at the ,agency4 7g7 ,briefings and report 7#a7 ,briefings ,not later than #a year after the date on which the ,director issues the guidance required under subsection 7f71 and every year thereafter1 the ,agency shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project of the ,agency1 including-- 7,a7 participation in the ,civilian ,cybersecurity ,reserve1 including the number of participants1 the diversity of participants1 and any barriers to recruitment or retention of members2 7,b7 an evaluation of the ethical requirements of the pilot project2 7,c7 whether the ,civilian ,cybersecurity ,reserve has been effective in providing additional capacity to the ,agency during significant incidents2 and 7,d7 an evaluation of the eligibility requirements for the pilot project4 7#b7 ,report ,not earlier than #f months and not later than #c months before the date on which the pilot project of the ,agency terminates under subsection 7i71 the ,agency shall submit to the appropriate congressional committees a report and provide a briefing on recommendations relating to the pilot project1 including recommendations for-- 7,a7 whether the pilot project should be modified1 extended in duration1 or established as a permanent program1 and if so1 an appropriate scope for the program2 7,b7 how to attract participants1 ensure a diversity of participants1 and address any barriers to recruitment or retention of members of the ,civilian ,cybersecurity ,reserve2 7,c7 the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns2 and 7,d7 an evaluation of the eligibility requirements for the pilot project4 7h7 ,evaluation ,not later than #c years after the pilot project authorized under subsection 7b7 is established in the ,agency1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study evaluating the pilot project at the ,agency2 and 7#b7 submit to ,congress-- 7,a7 a report on the results of the study2 and 7,b7 a recommendation with respect to whether the pilot project should be modified1 extended in duration1 or established as a permanent program4 7i7 ,sunset ,the pilot project authorized under this section shall terminate on the date that is #d years after the date on which the pilot project is established4 7j7 ,no additional funds 7#a7 ,in general ,no additional funds are authorized to be appropriated for the purpose of carrying out this ,act4 7#b7 ,existing authorized amounts ,funds to carry out this ,act may1 as provided in advance in appropriations ,acts1 only come from amounts authorized to be appropriated to the ,agency4