[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2894 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2894
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2021
Mr. Panetta (for himself and Mr. Calvert) introduced the following
bill; which was referred to the Committee on Armed Services, and in
addition to the Committee on Homeland Security, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Cyber Security Reserve
Act''.
SEC. 2. CIVILIAN CYBER SECURITY RESERVE PILOT PROJECT.
(a) 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.
(b) Eligibility; Application and Selection.--
(1) In general.--Under a pilot project authorized under
subsection (a), 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.
(c) Components of the Civilian Cyber Security Reserve.--The
appropriate agency head may consider, in carrying out a pilot project
authorized under subsection (a), 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.
(d) 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 maintaing 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.
(e) Project Guidance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, each appropriate agency head may
issue guidance establishing and implementing a pilot project
authorized under subsection (a) 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
Cybersecurity 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.
(f) Evaluation.--Not later than 5 years after the pilot project
authorized under subsection (a) is established in each covered agency,
the Comptroller General of the United States shall--
(1) conduct a study evaluating the pilot project at each
such 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.
(g) Report.--Not later than 5 years after the pilot project
authorized under subsection (a) 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) relating to 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.
(h) 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.
(i) 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 that 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 that term in section 2101 of title 5,
United States Code.
(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.
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