II 

116TH CONGRESS 

1ST SESSION S. 429 

To require the establishment of exchange programs relating to cybersecurity 

positions between the private sector and certain Federal agencies, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Ms. KLOBUCHAR (for herself and Mr. THUNE) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require the establishment of exchange programs relating 

to cybersecurity positions between the private sector and 

certain Federal agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cyber Security Ex5 change Act’’. 

6 SEC. 2. CYBERSECURITY PROFESSIONAL EXCHANGE PRO7 GRAMS. 

8 (a) ESTABLISHMENT OF PROGRAMS.— 

9 (1) REPORTS TO CONGRESS.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this Act, 

3 the Director of National Intelligence, the Sec4 retary of Defense, the Secretary of Homeland 

5 Security, the Secretary of Energy, and the At6 torney General shall each submit to the appro7 priate committees of Congress with respect to 

8 that agency head a report that contains— 

9 (i) a plan and timeline for imple10 menting the program described in para11 graph (2) at the agency (or, in the case of 

12 the Director of National Intelligence, at an 

13 element of the intelligence community); 

14 and 

15 (ii) an evaluation of the benefits to 

16 the agency (or, in the case of the Director 

17 of National Intelligence, to an element of 

18 the intelligence community) from the es19 tablishment of the program described in 

20 paragraph (2). 

21 (B) INABILITY TO ESTABLISH PROGRAM.— 

22 If an agency head described in subparagraph 

23 (A) determines that the agency head is unable 

24 to establish the program required under para25 graph (2) at the agency (or, in the case of the 


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1 Director of National Intelligence, at an element 

2 of the intelligence community), the agency head 

3 shall submit to Congress a notification that de4 scribes— 

5 (i) the legal basis for that inability; 

6 and 

7 (ii) any other specific factor that pre8 vents the establishment of the program. 

9 (2) ESTABLISHMENT.—Except in the case of a 

10 determination made under paragraph (1)(B), not 

11 later than 180 days after the date on which each 

12 agency head described in paragraph (1)(A) submits 

13 the report required under that paragraph, the agen14 cy head shall, after consultation with the Director of 

15 the Office of Personnel Management, establish a vol16 untary exchange program between the applicable 

17 agency (or, with respect to the Director of National 

18 Intelligence, an element of the intelligence commu19 nity) and private sector institutions, under which— 

20 (A) a covered individual who is an em21 ployee of the agency, or of an element of the in22 telligence community, as applicable— 

23 (i) may elect to be temporarily de24 tailed to a private sector institution that 


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1 has elected to receive the covered indi2 vidual; and 

3 (ii) during the period of detail de4 scribed in clause (i), shall be considered to 

5 be on detail to a regular work assignment 

6 in that agency or element for all purposes; 

7 and 

8 (B) a covered individual who is an em9 ployee of a private sector institution— 

10 (i) may elect to be temporarily de11 tailed to the agency or element— 

12 (I) if the agency or element has 

13 elected to receive the covered indi14 vidual; and 

15 (II) for a period of not shorter 

16 than 90 days and not longer than 2 

17 years; and 

18 (ii) during the period of detail de19 scribed in clause (i)(II), shall— 

20 (I) receive from the private sector 

21 institution financial compensation, 

22 benefits, and any other type of com23 pensation or support otherwise pro24 vided by or through the private sector 

25 institution during the course of the 


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1 employment of the covered individual 

2 with the private sector institution; and 

3 (II) be considered to be an em4 ployee of the private sector institution, 

5 and not of the agency or element, for 

6 all purposes. 

7 (b) RULES OF CONSTRUCTION.—Nothing in this Act 

8 may be construed to— 

9 (1) modify or otherwise affect any program that 

10 is in effect on the day before the date of enactment 

11 of this Act; or 

12 (2) prevent a covered individual who is detailed 

13 under subsection (a)(2)(B) from serving as an in14 structor at an institution of higher education or a 

15 research institution during that period of detail. 

16 (c) DEFINITIONS.—In this section— 

17 (1) the term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) with respect to the Director of Na20 tional Intelligence— 

21 (i) the Select Committee on Intel22 ligence of the Senate; and 

23 (ii) the Permanent Select Committee 

24 on Intelligence of the House of Represent25 atives; 


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1 (B) with respect to the Secretary of De2 fense— 

3 (i) the Committee on Armed Services 

4 of the Senate; and 

5 (ii) the Committee on Armed Services 

6 of the House of Representatives; 

7 (C) with respect to the Secretary of Home8 land Security— 

9 (i) the Committee on Homeland Secu10 rity and Governmental Affairs of the Sen11 ate; and 

12 (ii) the Committee on Oversight and 

13 Reform of the House of Representatives; 

14 (D) with respect to the Secretary of En15 ergy— 

16 (i) the Committee on Armed Services 

17 of the Senate; 

18 (ii) the Committee on Energy and 

19 Natural Resources of the Senate; 

20 (iii) the Committee on Armed Services 

21 of the House of Representatives; and 

22 (iv) the Committee on Energy and 

23 Commerce of the House of Representa24 tives; and 

25 (E) with respect to the Attorney General— 


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1 (i) the Committee on the Judiciary of 

2 the Senate; and 

3 (ii) the Committee on the Judiciary of 

4 the House of Representatives; 

5 (2) the term ‘‘covered individual’’ means an in6 dividual who has demonstrated expertise and work 

7 experience in cybersecurity or a related discipline; 

8 (3) the term ‘‘cybersecurity or a related dis9 cipline’’— 

10 (A) means a discipline relating to cyberse11 curity; and 

12 (B) includes— 

13 (i) a field or discipline relating to— 

14 (I) intrusion detection; 

15 (II) secure software development; 

16 (III) attack mitigation; 

17 (IV) system administration; 

18 (V) network services; 

19 (VI) operating systems; 

20 (VII) software application; 

21 (VIII) enterprise architecture; 

22 (IX) internet services; 

23 (X) data management; 

24 (XI) system analysis; or 

25 (XII) malware analysis; and 


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1 (ii) any other field or discipline that 

2 the Director of National Intelligence, the 

3 Secretary of Defense, the Secretary of 

4 Homeland Security, the Secretary of En5 ergy, or the Attorney General determines 

6 appropriate for the purposes of the appli7 cable program established by that agency 

8 head under subsection (a)(2); 

9 (4) the term ‘‘institution of higher education’’ 

10 has the meaning given the term in section 101 of the 

11 Higher Education Act of 1965 (20 U.S.C. 1001); 

12 (5) the term ‘‘intelligence community’’ has the 

13 meaning given the term in section 3 of the National 

14 Security Act of 1947 (50 U.S.C. 3003); and 

15 (6) the term ‘‘private sector institution’’ in16 cludes— 

17 (A) a nonpublic or commercial person or 

18 business; 

19 (B) a research institution; 

20 (C) an institution of higher education; and 

21 (D) any other institution that the Director 

22 of National Intelligence, the Secretary of De23 fense, the Secretary of Homeland Security, the 

24 Secretary of Energy, or the Attorney General 

25 determines appropriate for the purposes of the 


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1 applicable program established by that agency 

2 head under subsection (a)(2). 

Æ 


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