CHAPTER 747-CIVILIAN EMPLOYEES

        

Editorial Notes

Amendments

2018- Pub. L. 115–232, div. A, title VIII, §808(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1839 , redesignated chapter 373 of this title as this chapter and items 4021, 4024, 4025, and 4027 as 7371, 7374, 7375, and 7377, respectively.

2000- Pub. L. 106–398, §1 [[div. A], title V, §554(a)(2)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-126, added item 4027.

1989- Pub. L. 101–189, div. A, title XI, §1124(b)(2), Nov. 29, 1989, 103 Stat. 1559 , added item 4021.

1983- Pub. L. 98–94, title IX, §932(b)(2), Sept. 24, 1983, 97 Stat. 650 , struck out item 4022 "Contract surgeons".

1962- Pub. L. 87–651, title I, §116(2), Sept. 7, 1962, 76 Stat. 513 , struck out item 4023 "Service club and library services".

1958- Pub. L. 85–861, §1(102), Sept. 2, 1958, 72 Stat. 1489 , struck out item 4021 "Appointment: professional and scientific services".

Statutory Notes and Related Subsidiaries

Authority To Conduct Pilot Program on Civilian Cybersecurity Reserve

Pub. L. 118–31, div. A, title XV, §1536, Dec. 22, 2023, 137 Stat. 567 , provided that:

"(a) Authority.-The Secretary of the Army may conduct a pilot program to establish a Civilian Cybersecurity Reserve to provide to the United States Cyber Command manpower to effectively-

"(1) preempt, defeat, deter, or respond to malicious cyber activity;

"(2) conduct cyberspace operations;

"(3) secure information and systems of the Department of Defense against malicious cyber activity; and

"(4) assist in solving cyber workforce-related challenges.

"(b) Conditions Prior to Conduct of Pilot Program.-

"(1) Implementation plan.-The Secretary of the Army may not take any action to commence a pilot program pursuant to the authority under subsection (a) until the Secretary-

"(A) submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an implementation plan for the pilot program; and

"(B) provides to the congressional defense committees a briefing on such implementation plan.

"(2) Program guidance.-If the Secretary of the Army intends to conduct a pilot program pursuant to the authority under subsection (a), prior to commencing such pilot program, the Secretary, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Government Ethics, shall issue guidance for the establishment and implementation of the pilot program.

"(c) Conditions on Conduct of Pilot Program.-Any pilot program conducted by the Secretary of the Army pursuant to the authority under subsection (a) shall be subject to the following:

"(1) Hiring authority; status in reserve.-

"(A) Hiring authority.-In conducting the pilot program, the Secretary of the Army may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including the authority under section 1599f of title 10, United States Code.

"(B) Status in reserve.-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 to the Civilian Cybersecurity Reserve, and during any period elapsing between any such appointments, the individual may not be considered a Federal employee.

"(2) Eligibility; application and selection.-

"(A) Criteria required.-The Secretary of the Army shall establish criteria for-

"(i) individuals to be eligible to serve in the Civilian Cybersecurity Reserve; and

"(ii) the application and selection processes for service in the Civilian Cybersecurity Reserve.

"(B) Requirements for individuals.-The criteria under subparagraph (A) shall include, with respect to an individual-

"(i) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not fewer than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and

"(ii) cybersecurity expertise.

"(C) Prescreening.-The Secretary of the Army shall-

"(i) prior to the appointment of an individual to the Civilian Cybersecurity Reserve, conduct a prescreening of the individual for any topic or product that would create a conflict of interest; and

"(ii) require each individual so appointed to notify the Secretary if a potential conflict of interest arises during such appointment.

"(D) Agreement required.-The Secretary of the Army may only appoint an individual to the Civilian Cybersecurity Reserve if the individual enters into an agreement with the Secretary to serve in the Civilian Cybersecurity Reserve. Such agreement shall set forth the rights and obligations of the individual and the Army.

"(E) Exception for continuing military service commitments.-A member of the Selected Reserve under section 10143 of title 10, United States Code, may not serve as a member of the Civilian Cybersecurity Reserve.

"(F) Prohibition.-No individual who is an officer or employee of the United States Government, including any member of the uniformed services, may be recruited or appointed to serve in the Civilian Cybersecurity Reserve.

"(3) Security clearances.-

"(A) In general.-The Secretary of the Army shall ensure that each member of the Civilian Cybersecurity Reserve is subject to appropriate personnel vetting and adjudication commensurate with the duties of the position, including, with respect to positions for which a security clearance is necessary, a favorable determination of eligibility for access to classified information, consistent with applicable provisions of law and policy.

"(B) Cost of sponsoring clearances.-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.

"(4) Briefings.-Not later than one year after the date on which the guidance under subsection (b)(2) is issued with respect to the pilot program, and annually thereafter until the date on which the pilot program terminates pursuant to paragraph (7), the Secretary of the Army shall provide to the congressional defense committees a briefing on activities carried out under the pilot program, including-

"(A) participation in the Civilian Cybersecurity Reserve, including the number of members of the Civilian Cybersecurity Reserve, the diversity of such members, and any barriers to recruitment or retention of such members;

"(B) an evaluation of the ethical requirements of the pilot program;

"(C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and

"(D) an evaluation of the eligibility requirements for the pilot program.

"(5) Final report and briefing required.-Not earlier than 180 days and not later than 90 days prior to the date on which the pilot program terminates pursuant to paragraph (7), the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report, and provide to the congressional defense committees a briefing, on recommendations relating to the pilot program, including recommendations for-

"(A) whether the pilot program should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program;

"(B) how to attract prospective members of the Civilian Cybersecurity Reserve, ensure a diversity of such members, and address any barriers to recruitment or retention of such members;

"(C) the ethical requirements of the pilot program and the effectiveness of mitigation efforts to address any conflict of interest concerns; and

"(D) an evaluation of the eligibility requirements for the pilot program.

"(6) Evaluation required.-Not later than three years after the date on which the pilot program commences, the Comptroller General of the United States shall-

"(A) conduct a study evaluating the pilot program; and

"(B) submit to the congressional defense committees-

"(i) a report on the results of the study; and

"(ii) a recommendation with respect to whether the pilot program should be modified.

"(7) Sunset.-The authority to conduct the pilot program shall terminate on the date that is four years after the date on which the pilot program commences."