Sec. 1216. Civilian Cybersecurity Reserve pilot project
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/bill/118/hr/2670/eas/section-1216·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term temporary position means a position in the competitive or excepted service for a period of 180 days or less. The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the United States Cyber Command to effectively— preempt, defeat, deter, or respond to malicious cyber activity; conduct cyberspace operations; secure information and systems of the Department of Defense against malicious cyber activity; and assist in solving cyber workforce-related challenges.
In carrying out this section, the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code. The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under this section, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code.
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 this section, and during any period in between any such appointments, the individual shall not be considered a Federal employee. Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— individuals to be eligible for the Civilian Cybersecurity Reserve; and the application and selection processes for the Civilian Cybersecurity Reserve.
The criteria established under paragraph (1)(A) with respect to an individual shall include— if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and cybersecurity expertise. The Secretary shall— conduct a prescreening of each individual prior to appointment under this section for any topic or product that would create a conflict of interest; and require each individual appointed under this section to notify the Secretary if a potential conflict of interest arises during the appointment.
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 member, which shall set forth the rights and obligations of the individual and the Army. 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. Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve.
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 position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member.
Not later than 180 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 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) on the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps, the Secretary of the Army shall— submit to the congressional defense committees an implementation plan for the pilot project required under subsection (b)(1); and provide to the congressional defense committees a briefing on the implementation plan.
The Secretary of the Army may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (1). Not later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1).
Not later than one year after the date on which the guidance required under subsection
(f)is issued, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the congressional defense committees a briefing on activities carried out under the pilot project, including— participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; an evaluation of the ethical requirements of the pilot project; whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and an evaluation of the eligibility requirements for the pilot project. Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the congressional defense committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and an evaluation of the eligibility requirements for the pilot project. Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— conduct a study evaluating the pilot project; 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. The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established.
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Sec. 1216
Civilian Cybersecurity Reserve pilot project
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