,i #aafth ,,congress #b;d ,session ,h4 ,r4 #geij ,,in ,,the ,,house ,,of ,,representatives ,july #ac1 #bjbj,mr4 ,katko 7for himself1 ,mr4 ,brindisi1 and ,mr4 ,gallagher7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,oversight and ,reform1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish in the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security a pilot program for the purpose of carrying out a talent exchange program between the private sector and the ,cybersecurity and ,infrastructure ,security ,agency1 and for other purposes4 #a4 ,establishment of public-private talent exchange for cybersecurity skills development 7a7 ,purpose ,there is established1 within the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security1 a pilot program for the purpose of carrying out a talent exchange program between the private sector and the ,cybersecurity and ,infrastructure ,security ,agency 7in this section referred to as the program7 in order to-- 7#a7 facilitate collaboration with the best and most diverse minds from outside the ,federal ,government to improve national security2 7#b7 incorporate public and private sector talent to challenge thinking1 test innovative ideas1 and enable greater understanding on cybersecurity1 bringing public and private sector expertise together in a way that helps both sectors learn lessons1 identify systemic vulnerabilities1 and reduce the future impact of cyber attacks2 and 7#c7 expand existing ,cybersecurity and ,infrastructure ,security ,agency programs that integrate private sector and interagency personnel4 7b7 ,requirements ,in carrying out the program1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall-- 7#a7 promote public-private cooperation and intelligence sharing2 7#b7 develop and publicize the knowledge1 skills1 and abilities1 including relevant education1 training1 apprenticeships1 certifications1 and other experiences1 that are required to participate in the program2 7#c7 provide for participation by cleared and uncleared public and private employees2 and 7#d7 develop a plan and application process for the private sector to participate in the program4 7c7 ,assignment authority ,the ,director of the ,cybersecurity and ,infrastructure ,security ,agency may1 with the agreement of a private sector entity and the consent of a employee of the ,agency or such entity1 as the case may be1 arrange for the temporary assignment of-- 7#a7 such employee of the ,agency to such entity2 or 7#b7 such employee of such entity to the ,agency4 7d7 ,agreements 7#a7 ,in general ,before any temporary assignment may be made under the program1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall enter into a written agreement with the private sector entity and the employee concerned regarding the terms and conditions of such assignment1 which shall-- 7,a7 require that an employee of the ,cybersecurity and ,infrastructure ,security ,agency1 upon completion of such assignment1 serve in the ,cybersecurity and ,infrastructure ,security ,agency1 or1 if appropriate1 elsewhere in the civil service1 for a period of time equal to at least twice the length of such assignment2 7,b7 provide that if an employee of the ,cybersecurity and ,infrastructure ,security ,agency or of the private sector entity1 as the case may be1 fails to abide by the terms of such agreement1 such employee shall be liable to the ,united ,states for payment of all expenses of the assignment of such employee1 including the value of the salary and benefits of such employee1 unless such failure was for good cause as determined by the ,director of the ,cybersecurity and ,infrastructure ,security ,agency2 and 7,c7 contain language prohibiting an employee of the ,cybersecurity and ,infrastructure ,security ,agency from improperly utilizing pre-decisional or draft deliberative information such employee may be privy to or aware of related to ,department of ,homeland ,security programing1 budgeting1 resourcing1 acquisition1 or procurement for the benefit or advantage of the private sector entity at which such employee is temporarily assigned4 7#b7 ,collection of costs 7,a7 ,in general ,an amount for which an employee is liable under paragraph 7#a77;,b7 shall be treated as a debt due the ,united ,states4 7,b7 ,waiver ,the ,director may waive1 in whole or in part1 collection of a debt described in subparagraph 7,a7 based on a determination that the collection would be against equity and good conscience and not in the best interests of the ,united ,states1 after taking into account any indication of fraud1 misrepresentation1 fault1 or lack of good faith on the part of the employee concerned4 7e7 ,termination ,an assignment under the program may1 at any time and for any reason1 be terminated by the ,director of the ,cybersecurity and ,infrastructure ,security ,agency or the private sector entity concerned4 7f7 ,duration 7#a7 ,in general ,an assignment under the program shall be for a period of not less than one year and not more than three years4 7#b7 ,,cisa employees ,no employee of the ,cybersecurity and ,infrastructure ,security ,agency may be assigned under the program for more than a total of four years inclusive of all such assignments4 7g7 ,status of ,federal employees assigned to private-,sector entities ,an employee of the ,cybersecurity and ,infrastructure ,security ,agency who is assigned to a private sector entity under the program shall be considered1 during the period of such assignment1 to be employed by the ,cybersecurity and ,infrastructure ,security ,agency for all purposes4 7h7 ,mission continuity ,before authorizing the temporary assignment of an employee of the ,cybersecurity and ,infrastructure ,security ,agency to a private sector entity under the program1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall-- 7#a7 ensure that the normal duties and functions of such employee can be reasonably performed by other employees of the ,cybersecurity and ,infrastructure ,security ,agency without the permanent transfer or reassignment of other personnel of the ,cybersecurity and ,infrastructure ,security ,agency2 7#b7 ensure that the normal duties and functions of such employee are not1 as a result of and during the course of such assignment1 performed or augmented by contractor personnel in violation of section #agaj of title #da1 ,united ,states ,code2 and 7#c7 certify that such assignment shall not have an adverse or negative impact on mission attainment or organizational capabilities associated with such assignment4 7i7 ,terms and conditions for private-,sector employees ,an employee of a private sector entity who is assigned to the ,cybersecurity and ,infrastructure ,security ,agency under the program-- 7#a7 shall continue to receive pay and benefits from the private sector entity from which such employee is assigned and may not receive pay or benefits from the ,cybersecurity and ,infrastructure ,security ,agency2 7#b7 may not have access to any trade secrets or to any other nonpublic information which is of commercial value to such private sector entity2 7#c7 may perform work that is considered inherently governmental in nature only when requested in writing by the ,director of the ,cybersecurity and ,infrastructure ,security ,agency2 and 7#d7 may not be used to circumvent the provisions of section #agaj of title #da1 ,united ,states ,code4 7j7 ,reporting requirement ,the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives1 not later than #a month after the end of the fiscal year involved1 a report on any activities carried out utilizing the authorities provided by this section during that fiscal year1 including information concerning-- 7#a7 the private sector entities to and from which employees were assigned under the program2 7#b7 the positions such employees held while so assigned2 7#c7 a description of the tasks such employees performed while so assigned2 and 7#d7 a discussion of any actions that might be taken to improve the effectiveness of the program1 including any proposed changes in law4 7k7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 value is derived from the program when participants are meaningfully integrated into their host entities1 which will often require a personnel security clearance process for participants from the private sector2 7#b7 the success of the program1 and the workforce development efforts critical for the success of key national security priorities more generally1 are severely hampered by the current personnel security clearance process2 and 7#c7 until such time as the wait times for personnel security clearances meet the stated goals of ,federal departments and agencies1 in order to implement the program1 the ,director of the ,cybersecurity and ,critical ,infrastructure ,agency should encourage-- 7,a7 declassification of information as broadly and quickly as possible2 and 7,b7 participation of the private sector at the unclassified level to promote open dialogue and information sharing outside the classified space4