Sec. 372. Civilian Cybersecurity Reserve pilot project
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In this section: The term appropriate agency head means— in the case of the Department of Homeland Security, the Secretary of Homeland Security; and in the case of the National Security Agency, the director of the National Security Agency. The term competitive service has the meaning given that term in section 2102 of title 5, United States Code. The term covered agency means the Department of Homeland Security or the National Security Agency. The term uniformed services has the meaning given that term in section 2101 of title 5, United States Code.
The purpose of this section is to establish a Civilian Cybersecurity Reserve as a pilot project to provide to the Federal Government trained and qualified civilian personnel who have previously served with the Federal Government or in the uniformed services and possess cybersecurity expertise, in order to address cybersecurity needs of the United States to protect the national security of the United States. Each appropriate agency head may carry out a pilot project to establish a Civilian Cybersecurity Reserve at the covered agency.
Under a pilot project authorized under paragraph (1), the appropriate agency head may noncompetitively appoint members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service. Under a pilot project authorized under subsection (c), the appropriate agency head shall establish criteria for— individuals to be eligible for the Civilian Cybersecurity Reserve in the covered agency; and the application and selection processes for the Reserve. The criteria established under paragraph (1)(A) with respect to an individual shall include— previous employment by the Federal Government or within the uniformed services; and cybersecurity expertise.
An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the appropriate agency head to become such a member. The agreement shall set forth the rights and obligations of the individual and the covered agency. 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. The appropriate agency head may consider, in carrying out a pilot project authorized under subsection (c), developing different components of the Civilian Cybersecurity 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.
The appropriate agency head shall ensure that all members of the Civilian Cybersecurity Reserve in the covered agency have an active security clearance 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).
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
(c)at the covered agency. 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 loss of security clearance, 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. Not later than 5 years after the pilot project authorized under subsection
(c)is established in each covered agency, the Comptroller General of the United States shall— conduct a study evaluating the pilot project at that agency; 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, extended in duration, or established as a permanent program. 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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Sec. 372
Civilian Cybersecurity Reserve pilot project
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