II Calendar No. 255 118th CONGRESS 1st Session S. 2256 [Report No. 118–117] IN THE SENATE OF THE UNITED STATES July 12, 2023 Ms. Hassan (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs November 30, 2023 Reported by Mr. Peters , with amendments Omit the part struck through and insert the part printed in italic A BILL To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes.

1. Short title This Act may be cited as the Federal Cybersecurity Workforce Expansion Act . 2. Findings Congress finds that— (1) the need for qualified cybersecurity personnel is greater than ever, as demonstrated by the recent SolarWinds breach and the growing spate of ransomware attacks on critical infrastructure entities and State and local governments; (2) the Federal Government is facing a shortage of qualified cybersecurity personnel, as noted in a March 2019 Government Accountability Office report on critical staffing needs in the Federal cybersecurity workforce; (3) there is a national shortage of qualified cybersecurity personnel, and according to CyberSeek, a project supported by the National Initiative for Cybersecurity Education within the National Institute of Standards and Technology, there are approximately 500,000 cybersecurity job openings around the United States; (4) in May 2021, the Department of Homeland Security announced that the Department was initiating a 60 day sprint to hire 200 cybersecurity personnel across the Department, with 100 of those hires for the Cybersecurity and Infrastructure Security Agency, to address a cybersecurity workforce shortage; and (5) the Federal Government needs to— (A) expand the cybersecurity workforce pipeline of the Federal Government to sustainably close a Federal cybersecurity workforce shortage; and (B) work cooperatively with the private sector and State and local government authorities to expand opportunities for new cybersecurity professionals. 3. Definitions In this Act: (1) Department The term Department means the Department of Homeland Security. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Secretary The term Secretary means the Secretary of Homeland Security. 4. Cybersecurity apprenticeship pilot program (a) Definitions In this section: (1) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Community college The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including— (A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ); and (B) a public 2-year State institution of higher education. (3) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (4) Cyber workforce position The term cyber workforce position means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 ( 5 U.S.C. 301 note). (5) Early college high school; educational service agency; local educational agency; secondary school; State educational agency The terms early college high school , educational service agency , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Education and training provider The term education and training provider means— (A) an area career and technical education school; (B) an early college high school; (C) an educational service agency; (D) a high school; (E) a local educational agency or State educational agency; (F) a Tribal educational agency (as defined in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 )), Tribally controlled college or university (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a) ) ) , or Tribally controlled postsecondary career and technical institution (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )); (G) a postsecondary educational institution, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); (H) a minority-serving institution; (I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ); (J) a local agency administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741); (K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; (L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192 ), provided that the participation of the Job Corps center is consistent with the outcomes for Job Corps students described in section 141 of that Act ( 29 U.S.C. 3191 ); (M) a YouthBuild program, as defined in section 171(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3226(b) ); or (N) a consortium of entities described in any of subparagraphs (A) through (M). (7) Eligible entity The term eligible entity means— (A) a sponsor; (B) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; (C) an education and training provider; (D) a State apprenticeship agency; (E) an Indian Tribe or Tribal organization; (F) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; (G) a Governor of a State; (H) a labor organization or joint labor-management organization; or (I) a qualified intermediary. (8) Excepted service The term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (9) Local workforce development board The term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (10) Minority-serving institution The term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (11) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (12) Provider of adult education The term provider of adult education has the meaning given the term eligible provider in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). (13) Qualified intermediary (A) In general The term qualified intermediary means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by— (i) connecting employers to programs under the national apprenticeship system; (ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; (iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act section ; (iv) providing professional development activities such as training to mentors; (v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; (vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; (vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or (viii) serving as a sponsor. (B) Partnerships The term partnerships described in subparagraph (B) means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including— (i) industry or sector partnerships; (ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development agencies, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or (iii) partnerships among 1 or more of the entities described in clause (i) or (ii). (14) Related instruction The term related instruction means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. (15) Sponsor The term sponsor means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. (16) State The term State has the meaning given the term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (17) State apprenticeship agency The term State apprenticeship agency has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. (18) State workforce development board The term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (19) WIOA terms The terms career planning , career pathway , community-based organization , economic development agency , industry or sector partnership , on-the-job training , one-stop operator , one-stop partner , recognized postsecondary credential , and workplace learning advisor have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (b) Establishment of apprenticeship pilot program (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall establish an apprenticeship pilot program. (2) Requirements The apprenticeship pilot program established under paragraph (1) shall— (A) employ pilot program participants in cyber workforce positions within the Department; (B) employ not more than 25 new pilot program participants during each year during which the pilot program is carried out; (C) be intended to lead to employment in a cyber workforce position within a Federal agency; (D) focus on related learning necessary, as determined by the Secretary in consultation with the Director of the Office of Personnel Management and based upon the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework, to meet the immediate and ongoing needs of cyber workforce positions within Federal agencies; (E) be registered with and approved by the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency pursuant to the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ); (F) be approved by the Secretary of Veterans Affairs, pursuant to chapter 36 of title 38, United States Code, or other applicable provisions of law, as eligible for educational assistance to veterans; and (G) be sponsored by the Department or an eligible entity receiving a contract, cooperative agreement, or grant under subsection (d). (c) Coordination In the development of the apprenticeship pilot program under this section, the Secretary shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. (d) Optional use of contracts, cooperative agreements, or grants The apprenticeship pilot program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Secretary based on the eligible entity— (1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs; (2) having knowledge of cybersecurity workforce development; (3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Department as described in this section; (4) providing participants who complete the apprenticeship pilot program with 1 or more recognized postsecondary credentials; (5) using related instruction that is specifically aligned with the needs of Federal agencies and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and (6) demonstrating successful outcomes connecting participants in apprenticeship programs to careers relevant to the apprenticeship pilot program. (e) Applications If the Secretary enters into an arrangement as described in subsection (d), an eligible entity seeking a contract, cooperative agreement, or grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (f) Priority In selecting eligible entities to receive a contract, cooperative agreement, or grant under subsection (d), the Secretary may prioritize an eligible entity that— (1) is a member of an industry or sector partnership that sponsors or participates in a program under the national apprenticeship system; (2) provides related instruction for an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the contract, cooperative agreement, or grant under subsection (e); (3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship programs in a relevant sector; (4) plans to use the contract, cooperative agreement, or grant to carry out the apprenticeship pilot program under this section with an entity that receives State funding or is operated by a State agency; (5) has successfully increased the representation in cybersecurity of women, underrepresented minorities, and individuals from other underrepresented communities; or (6) focuses on recruiting women, underrepresented minorities, and individuals from other underrepresented communities. (g) Technical assistance The Secretary shall provide technical assistance to eligible entities that receive a contract, cooperative agreement, or grant under subsection (d) to leverage the existing job training and education programs of the Department and other relevant programs at appropriate Federal agencies. (h) Service agreement for pilot program participants (1) In general Participants in the apprenticeship pilot program under this section shall enter into an agreement to, after completion of the apprenticeship pilot program and if offered employment in a cyber workforce position within a Federal agency post-apprenticeship, accept and continue employment in such cyber workforce position for a period of obligated service equal to the length of service in a position under the apprenticeship pilot program by the participant. (2) Repayment for period of unserved obligated service If a participant in the apprenticeship pilot program under this section fails to satisfy the requirements of the service agreement entered into under paragraph (1) for a reason other than involuntary separation, the participant shall repay the cost of any education and training provided to the participant as a part of the apprenticeship pilot program, reduced by the ratio of the period of obligated service completed divided by the total period of obligated service. (3) Exception The Secretary may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this subsection if the Secretary determines that compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (i) Apprenticeship hiring authority Participants in the apprenticeship pilot program under this section may be appointed to cybersecurity-specific positions in the excepted service as determined appropriate by the Secretary and authorized by section 2208 of the Homeland Security Act of 2002 ( 6 U.S.C. 658 ). (j) Post-Apprenticeship hiring authority Pursuant to subsection (b)(2) (B) (C) , a participant who successfully completes the apprenticeship pilot program under this section may be appointed to a cyber workforce position in the excepted service for which the participant is qualified. (k) Post-Apprenticeship trial period Federal service following participation in the apprenticeship pilot program under this section shall be subject to completion of a trial period in accordance with any applicable law, Executive order, rule, or regulation. (l) Report (1) Secretary Not later than 2 years after the date on which the apprenticeship pilot program is established under this section, and annually thereafter, the Secretary, in consultation with the Secretary of Labor and the Director of the Office of Personnel Management, shall submit to Congress a report on the pilot program, including— (A) a description of— (i) any activity carried out by the Department under this section; (ii) any entity that enters into a contract or cooperative agreement with or receives a grant from the Department under subsection (d); (iii) any activity carried out using a contract, cooperative agreement, or grant under this section as described in subsection (d); and (iv) best practices used to leverage the investment of the Federal Government under this section; and (B) an assessment of the results achieved by the pilot program, including— (i) the rate of continued employment within a Federal agency for participants after completing the pilot program; (ii) the demographics of participants in the pilot program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities; (iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program; and (iv) the return on investment for the pilot program. (2) Comptroller general Not later than 4 years after the date on which the apprenticeship pilot program is established under this section, the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended. (m) Termination The authority to carry out the apprenticeship pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the apprenticeship pilot program under this section. 5. Pilot program on cybersecurity training for veterans and military spouses (a) Definitions In this section: (1) Eligible individual The term eligible individual means an individual who is— (A) a veteran who is entitled to educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code; (B) a member of the active or a reserve component of the Armed Forces that the Secretary of Veterans Affairs determines will become an eligible individual under subparagraph (A) within 180 days of such determination, provided that if the individual does anything to make themselves ineligible during the 180-day period, the Secretary of Veterans Affairs may require the individual to repay any benefits received under this section; or (C) an eligible spouse described in section 1784a(b) of title 10, United States Code. (2) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (4) Work-based learning The term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (b) Establishment Not later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Veterans Affairs, shall establish a pilot program to provide cybersecurity training at no cost to eligible individuals. (c) Elements The pilot program established under subsection (b) shall incorporate— (1) coursework and training that, if applicable, qualifies for postsecondary credit toward an associate or baccalaureate degree at an institution of higher education; (2) virtual learning opportunities; (3) hands-on learning and performance-based assessments; (4) Federal work-based learning opportunities and programs; and (5) the provision of recognized postsecondary credentials to eligible individuals who complete the pilot program. (d) Alignment with NICE workforce framework for cybersecurity The pilot program established under subsection (b) shall align with the taxonomy, including work roles and competencies and the associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework. (e) Coordination (1) Training, platforms, and frameworks In developing the pilot program under subsection (b), the Secretary shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cybersecurity education and training to prevent duplication of efforts. (2) Existing educational assistance In developing the pilot program under subsection (b), the Secretary shall coordinate with the Secretary of Veterans Affairs to ensure that, to the greatest extent possible, eligible individuals can utilize educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code, or other educational assistance available to eligible individuals, such as the high technology pilot program described in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( 38 U.S.C. 3001 note), while participating in the program. (3) Federal work-based learning opportunities and programs In developing the Federal work-based learning opportunities and programs required under subsection (c)(4), the Secretary shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create, as necessary, interagency opportunities that will enable the pilot program established under subsection (b) to— (A) allow the participants to acquire and demonstrate competencies; and (B) give participants the capabilities necessary to qualify for Federal employment. (f) Resources (1) In general In any case in which the pilot program established under subsection (b)— (A) uses training, platforms, and frameworks described in subsection (e)(1), the Secretary, in coordination with the Secretary of Veterans Affairs, shall take such actions as may be necessary to ensure that the trainings, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use training, platforms, and frameworks described in subsection (e)(1), the Secretary, in coordination with the Secretary of Veterans Affairs, shall take such actions as may be necessary to develop or procure training, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. (2) Actions Actions described in paragraph (1) may include providing additional funding, staff, or other resources to— (A) recruit and retain women, underrepresented minorities, and individuals from other underrepresented communities; (B) provide administrative support for basic functions of the pilot program; (C) ensure the success and ongoing engagement of eligible individuals participating in the pilot program; (D) connect participants who complete the pilot program to job opportunities within the Federal Government; and (E) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs, as required under subsection (c)(4), for participants to gain the competencies necessary to pursue permanent Federal employment. (g) Reports (1) Secretary Not later than 2 years after the date on which the pilot program is established under subsection (b), and annually thereafter, the Secretary shall submit to Congress a report on the pilot program, including— (A) a description of— (i) any activity carried out by the Department under this section; and (ii) the existing training, platforms, and frameworks of the Federal Government leveraged in accordance with subsection (e)(1); and (B) an assessment of the results achieved by the pilot program, including— (i) the admittance rate into the pilot program; (ii) the demographics of participants in the program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities; (iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program; (iv) as applicable, the transfer rates to other academic or vocational programs, and certifications and licensure exam passage rates; (v) the rate of continued employment within a Federal agency for participants after completing the pilot program; (vi) the rate of continued employment for participants after completing the pilot program; and (vii) the median annual salary of participants who completed the pilot program and were subsequently employed. (2) Comptroller general Not later than 4 years after the date on which the pilot program is established under subsection (b), the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended. (h) Termination The authority to carry out the pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the pilot program under this section. 6. Federal cybersecurity workforce assessment extension Section 304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 ( 5 U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by striking 2022 and inserting 2027 .

November 30, 2023 Reported with amendments