Sec. 307. Cybersecurity workforce
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In this section— the term congressional homeland security committees means— the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives; the term Department means the Department of Homeland Security; and the term Secretary means the Secretary of Homeland Security. Not later than 1 year after the date of enactment of this Act, the Secretary shall commence carrying out a cybersecurity talent exchange pilot program.
The Secretary may delegate any authority under this section to the Director of the Cybersecurity and Infrastructure Security Agency of the Department. Under regulations prescribed by the Secretary for the purpose of carrying out the pilot program established under subsection (b), the Secretary may, with the agreement of a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to the private-sector organization, or from the private-sector organization to a Department organization under this section.
Employees participating in the pilot program established under subsection
(b)shall have significant education, skills, or experience relating to cybersecurity. The Secretary shall provide for a written agreement among the Department, the private-sector organization, and the employee concerned regarding the terms and conditions of the assignment of the employee under this section, which— shall require that the employee of the Department, upon completion of the assignment, will serve in the Department, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length of the assignment; shall provide that if the employee of the Department or of the private-sector organization, as the case may be, fails to carry out the agreement, the employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary; shall contain language ensuring that the employee of the Department does not improperly use pre-decisional or draft deliberative information that the employee may be privy to or aware of related to Department programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization; and shall cover matters relating to confidentiality, intellectual property rights, and such other matters as the Secretary considers appropriate. An amount for which an employee is liable under subparagraph (i)(II) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of a debt described in subparagraph
(B)based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee. An assignment under this subsection may, at any time and for any reason, be terminated by the Department or the private-sector organization concerned. Except as provided in subparagraph (B), an assignment under this subsection shall be for a period of not less than 3 months and not more than 2 years, and renewable up to a total of 4 years. An assignment under this subsection may be for a period in excess of 2 years, but not more than 4 years, if the Secretary determines that the assignment is necessary to meet critical mission or program requirements. No employee of the Department may be assigned under this subsection for more than a total of 4 years inclusive of all assignments. An employee of the Department who is assigned to a private-sector organization under this subsection shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under paragraph
(3)shall address the specific terms and conditions related to the continued status of the employee as a Federal employee. In establishing a temporary assignment of an employee of the Department to a private-sector organization, the Secretary shall— ensure that the normal duties and functions of the employee can be reasonably performed by other employees of the Department without the transfer or reassignment of other personnel of the Department; and certify that the temporary assignment of the employee shall not have an adverse or negative impact on organizational capabilities associated with the assignment. An employee of a private-sector organization who is assigned to a Department organization under this subsection— shall continue to receive pay and benefits from the private-sector organization from which the employee is assigned and shall not receive pay or benefits from the Department, except as provided in subparagraph (B); is deemed to be an employee of the Department for the purposes of— chapters 73 and 81 of title 5, United States Code; sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code; sections 1343, 1344, and 1349(b) of title 31, United States Code; chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ) and any other Federal tort liability statute; the Ethics in Government Act of 1978 (5 U.S.C. App.); and chapter 21 of title 41, United States Code; shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which the employee is assigned; may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary; and may not be used to circumvent any limitation or restriction on the size of the workforce of the Department. A private-sector organization may not charge the Department or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department organization under this subsection for the period of the assignment. The Secretary may pay for travel and other work-related expenses associated with individuals participating in the pilot program established under subsection (b). The Secretary shall not pay for lodging or per diem expenses for employees of a private sector organization, unless such expenses are in furtherance of work-related travel other than participating in the pilot program. A private person supporting an individual participating in the pilot program may pay for a background investigation associated with the participation of the individual in the pilot program. Not more than 250 individuals may concurrently participate in the pilot program established under subsection (b). With the consent of an individual participating in the pilot program established under subsection (b), the Secretary may, under the pilot program, detail the individual to another Federal department or agency. The pilot program established under subsection
(b)shall terminate on the date that is 7 years after the date of enactment of this Act. Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the congressional homeland security committees a preliminary report describing the implementation of the pilot program established under subsection (b), including the number of participating employees from the Department and from private sector organizations, the departmental missions or programs carried out by employees participating in the pilot program, and recommendations to maximize efficiencies and the effectiveness of the pilot program in order to support Department cybersecurity missions and objectives. Not later than 6 years after the date of enactment of this Act, the Secretary shall submit to the congressional homeland security committees a final report describing the implementation of the pilot program established under subsection (b), including the number of participating employees from the Department and from private sector organizations, the departmental missions or programs carried out by employees participating in the pilot program, and providing a recommendation on whether the pilot program should be made permanent. Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq.), as amended by this title, is further amended by adding at the end the following new section: The director of cybersecurity and infrastructure security agency may establish a cybersecurity apprenticeship program in coordination with the National Institutes of Standards and Technology National Initiative for Cybersecurity Education and the Department of Labor Apprenticeship Office. . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2217, as added by this title, the following new item: Sec. 2218. Cybersecurity apprenticeships. .
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Sec. 307
Cybersecurity workforce
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