,,ii #aahth ,,congress #ast ,session ,s4 #ijc ,,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 ,armed ,services ,a ,,bill ,to require the ,secretary of the ,army to carry out a pilot project to establish a ,civilian ,cybersecurity ,reserve1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,department of ,defense ,civilian ,cybersecurity ,reserve ,act4 #b4 ,civilian ,cybersecurity ,reserve pilot project 7a7 ,definitions ,in this ,act3 7#a7 ,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 ,armed ,services of the ,senate2 7,c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,d7 the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,competitive service ,the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 7#c7 ,excepted service ,the term excepted service has the meaning given the term in section #bajc of title #e1 ,united ,states ,code4 7#d7 ,temporary position ,the term temporary position means a position in the competitive or excepted service for a period of #ahj days or less4 7b7 ,pilot project 7#a7 ,in general ,the ,secretary of the ,army shall carry out a pilot project to establish a ,civilian ,cybersecurity ,reserve4 7#b7 ,purpose ,the purpose of the ,civilian ,cybersecurity ,reserve is to enable the ,army to provide manpower to the ,united ,states ,cyber ,command to effectively-- 7,a7 preempt1 defeat1 deter1 or respond to malicious cyber activity2 7,b7 conduct cyberspace operations2 7,c7 secure information and systems of the ,department of ,defense against malicious cyber activity2 and 7,d7 assist in solving cyber workforce-related challenges4 7#c7 ,alternative methods ,consistent with section #dgjc of title #e1 ,united ,states ,code1 in carrying out the pilot project required under paragraph 7#a71 the ,secretary 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 required under paragraph 7#a71 in order to fulfill the purpose under paragraph 7#b71 the ,secretary-- 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 #ej members to the ,civilian ,cybersecurity ,reserve under subparagraph 7,a7 at any time4 7#e7 ,status as employees ,an individual appointed under paragraph 7#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 paragraph 7#d7 shall be in addition to any employees of the ,united ,states ,cyber ,command 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 paragraph 7#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 to serve in the ,civilian ,cybersecurity ,reserve and ending on the date on which the individual is appointed under paragraph 7#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 required under subsection 7b77#a71 the ,secretary of the ,army 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 if the individual has previously served as a member of the ,civilian ,cybersecurity ,reserve1 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 ,reserve2 and 7,b7 cybersecurity expertise4 7#c7 ,prescreening ,the ,secretary 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 ,secretary 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 ,secretary to become such a member1 which shall set forth the rights and obligations of the individual and the ,army4 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 ,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 ,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 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 the duties of the member1 the ,army shall be responsible for the cost of sponsoring the security clearance of the member4 7e7 ,implementation plan 7#a7 ,in general ,not later than #ahj days after the date on which the ,secretary of ,defense submits to the ,committee on ,armed ,services of the ,senate and the ,committee on ,armed ,services of the ,house of ,representatives the report required under section #aedj7;d77#b7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc7 on the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps1 the ,secretary of the ,army shall-- 7,a7 submit to the appropriate congressional committees an implementation plan for the pilot project required under subsection 7b77#a72 and 7,b7 provide to the appropriate congressional committees a briefing on the implementation plan4 7#b7 ,prohibition ,the ,secretary of the ,army may not take any action to begin implementation of the pilot project required under subsection 7b77#a7 until the ,secretary fulfills the requirements under paragraph 7#a74 7f7 ,project guidance ,not later than two years after the date of the enactment of this ,act1 the ,secretary of the ,army shall1 in consultation with the ,office of ,personnel ,management and the ,office of ,government ,ethics1 issue guidance establishing and implementing the pilot project required under subsection 7b77#a74 7g7 ,briefings and report 7#a7 ,briefings ,not later than one year after the date on which the guidance required under subsection 7f7 is issued1 and every year thereafter until the date on which the pilot project required under subsection 7b77#a7 terminates under subsection 7i71 the ,secretary of the ,army shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project1 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 ,army2 and 7,d7 an evaluation of the eligibility requirements for the pilot project4 7#b7 ,report ,not earlier than #ahj days and not later than #ij days before the date on which the pilot project required under subsection 7b77#a7 terminates under subsection 7i71 the ,secretary 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 three years after the pilot project required under subsection 7b77#a7 is established1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study evaluating the pilot project2 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 modified4 7i7 ,sunset ,the pilot project required under subsection 7b77#a7 shall terminate on the date that is four 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 ,army4