S.Amdt. 1019

SA 1019. Ms. HARRIS submitted an amendment intended to be proposed by
her to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PILOT PROGRAM ON INTEGRATING INTO THE DEPARTMENT OF
DEFENSE WORKFORCE INDIVIDUALS WITH
CYBERSECURITY SKILLS AND TECHNICAL EXPERTISE
WHOSE SERVICES ARE SUPPORTED BY PRIVATE
PERSONS.

(a) Pilot Program Required.--Not later than June 1, 2019,
the Secretary of Defense shall commence carrying out a pilot
program to assess the feasibility and advisability of
integrating into the workforce of the Department of Defense
individuals who have skills relating to cybersecurity and
whose services are supported, in whole or in part, by private
persons, such as businesses and research institutions.
(b) Duration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall carry out the pilot program during the period
beginning on the date of the commencement of the pilot
program and ending on June 1, 2024.
(2) Extension.--At the end of the period set forth in
paragraph (1), the Secretary may, as the Secretary considers
appropriate, extend the period of the pilot program for such
period as the Secretary considers appropriate, except that
such extension shall be less than two years.
(c) Location.--
(1) In general.--The Secretary shall carry out the pilot
program at one or more facilities of the Federal Government
or a nonprofit organization. Such facilities shall be
selected by the Secretary to maximize the number of
individuals participating in the pilot program consistent
with subsection (d).
(2) Workspaces for handling classified material.--The
Secretary shall ensure that such facilities include, as the
Secretary considers appropriate, workspaces for handling
classified material.
(d) Application and Selection.--
(1) Application by supporting persons.--A private person
seeking to support an individual participating in the pilot
program shall submit to the Secretary an application therefor
at such time, in such manner, and containing such information
as the Secretary may require.
(2) Selection of supporting persons.--The Secretary shall
establish a competitive process for the selection of private
persons who will support individuals participating in the
pilot program.
(3) Selection of individual participants.--A private person
selected under paragraph (2) may recommend to the Secretary
an individual to participate in the pilot program. The
Secretary shall select such individual to participate in the
pilot program unless the Secretary determines that there is
good cause not to permit such individual to participate in
the pilot program.
(4) Priorities.--In selecting supporting private persons
for the pilot program, the Secretary shall give priority to
private persons who will maximize the number of individual
participants who have not previously served as an employee or
contractor of the Federal Government and who possess
significant technical expertise relating to cybersecurity and
the defense of information systems. In selecting supporting
private persons for the pilot program, the Secretary shall
also give priority to private persons who will facilitate
knowledge and skills transfer and exchange of culture between
the private sector and the Federal Government cybersecurity
workforce.
(5) Maximum number of participants.--No more than 250
individuals may concurrently participate in the pilot
program.
(e) Federal Collaboration.--The Secretary shall detail
employees of the Department to the facilities selected under
subsection (c) to maximize productivity, collaboration,
knowledge and skills transfer, and exchange of culture.
(f) Appointments.--
(1) Authorities.--In carrying out the pilot program, the
Secretary shall use the authorities under--
(A) section 1599g of title 10, United States Code;
(B) section 3702 of title 5, United States Code,
notwithstanding the time limitations provided in that
section;
(C) section 1110 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 5 U.S.C. 3702 note),
notwithstanding the limitations in subsections (d), (h), and
(g)(1) of such section; and
(D) subchapter VI of chapter 33 of title 5, United States
Code, except that, for purposes of the pilot program, the
term ``other organization'', as used in such subchapter,
shall be deemed to include a for-profit organization.
(2) Compensation and ethics.--Nothing in this section shall
be construed as a modification of the compensation provisions
or ethics requirements associated with the appointment
authorities in paragraph (1).
(3) Expenses.--The Secretary may pay for travel and other
work-related expenses associated with individuals
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
individual's participation in the pilot program.
(4) Agreements.--The Secretary shall enter into an
agreement with each individual participating in the pilot
program and each private person supporting an individual
participating in the pilot program. Each such agreement shall
cover matters relating to confidentiality, intellectual
property rights, and such other matters as the Secretary
considers appropriate.
(g) Detailing of Participants.--With the consent of an
individual participating in the pilot program, the Secretary
may, under the pilot program, detail the individual to
another Federal department or agency.
(h) Security Clearances.--The Secretary may establish an
expedited process for providing appropriate security
clearances to individuals who participate in the pilot
program, consistent with counterintelligence best practices.
(i) Avoidance of Duplication.--In carrying out the pilot
program, the Secretary of Defense shall coordinate with the
Defense Digital Service, the Defense Innovation Unit
Experimental, and such other elements of the United States
Government as the Secretary considers appropriate to minimize
duplication of effort and facilities.
(j) Reports.--
(1) Preliminary report.--Not later than June 1, 2022, the
Secretary shall submit to the congressional defense
committees a preliminary report describing the results of the
pilot program, recommending how the pilot program could be
improved, and providing a recommendation on whether the pilot
program should be made permanent.
(2) Final report.--Not later than January 1, 2025, the
Secretary shall submit to the congressional defense
committees a final report describing the results of the pilot
program, recommending how the pilot program could be
improved, and providing a recommendation on whether the pilot
program should be made permanent.
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