Sec. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR DEPARTMENT OF DEFENSE
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## SEC. 1540 INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR DEPARTMENT OF DEFENSE ###
(a)In General Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center with expertise in cybersecurity and workforce management to conduct an assessment of the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps to enable the Department of Defense and military services to provide qualified civilian manpower to the Department of Defense to effectively respond to significant cyber incidents or to assist in solving other exceptionally difficult cyber workforce-related challenges. ###
(b)Consideration of Prior Report ####
(1)In general In conducting the assessment required by subsection (a), the entity or center shall take into consideration the results of the evaluation of nontraditional cyber support to the Department of Defense required by section 1730 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283). ####
(2)Limitation on availability of funds pending submission of report Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Under Secretary of Defense for Policy, not more than 75 percent may be obligated or expended until the date on which the Principal Cyber Advisor submits the report referenced in paragraph (1). ###
(c)Elements The assessment conducted under subsection
(a)shall include analysis of the following matters: ####
(1)The feasibility of the concept of a civilian cybersecurity reserve program, including an analysis of the available talent pool, potential impact on employers, and propensity to serve. ####
(2)The likelihood of utilizing civilian cybersecurity reservists to augment the existing Department of Defense workforce, including an assessment of the duration of periods of activation. ####
(3)The result of outreach conducted with industry and State and Federal Government agencies employing individuals likely to meet qualification criteria for service in such a program. ####
(4)The necessity for participants to access classified information, and the need to maintain appropriate security clearances as a participant in the program, including while not in Federal service. ####
(5)Appropriate compensation and benefits for members of such a program. ####
(6)Activities that members may undertake as part of their duties. ####
(7)Methods for identifying and recruiting members, including alternative methods to traditional qualifications requirements. ####
(8)Methods for preventing conflicts of interest or other ethical concerns as a result of participation in such a program. ####
(9)Resources, including funding levels, necessary to carry out such a program. ####
(10)Potential penalties or other adverse action taken against individuals who do not respond to activation when called. ####
(11)Any other matters the Secretary considers relevant for the purpose of this assessment. ###
(d)Reports ####
(1)In general Not later than 270 days after the date on which the Secretary enters into the agreement described in subsection (a), such entity or center shall submit to the Secretary a report on the results of the research and analysis under such subsection. ####
(2)Submission to congress Not later than one year after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each of the following: #####
(A)A copy of the report submitted under paragraph
(1)without change. #####
(B)Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis conducted under subsection
(a)and contained in such report, including a specific recommendation on whether a civilian cybersecurity reserve should be established, as described in such subsection, or with modification.
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Sec. 1540
INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR DEPARTMENT OF DEFENSE
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