Federal Cybersecurity Workforce Expansion Act

II Calendar No. 446 117TH CONGRESS 2D SESSION S. 2274 [Report No. 117–131] 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. IN THE SENATE OF THE UNITED STATES JUNE 24, 2021 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 JULY 18, 2022 Reported by Mr. PETERS, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To authorize the Director of the Cybersecurity and Infra- structure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecu- rity training for veterans and members of the Armed Forces transitioning to civilian life, and for other pur- poses. VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2274 RS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Cybersecurity 4 Workforce Expansion Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) the need for qualified cybersecurity per- 8 sonnel is greater than ever, as demonstrated by the 9 recent SolarWinds breach and the growing spate of 10 ransomware attacks on critical infrastructure enti- 11 ties and State and local governments; 12 (2) the Federal Government is facing a short- 13 age of qualified cybersecurity personnel, as noted in 14 a March 2019 Government Accountability Office re- 15 port on critical staffing needs in the Federal cyber- 16 security workforce; 17 (3) there is a national shortage of qualified cy- 18 bersecurity personnel, and according to CyberSeek, a 19 project supported by the National Initiative for Cy- 20 bersecurity Education within the National Institute 21 of Standards and Technology, there are approxi- 22 mately 500,000 cybersecurity job openings around 23 the United States; 24 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2274 RS (4) in May 2021, the Department of Homeland 1 Security announced that the Department was initi- 2 ating a 60 day sprint to hire 200 cybersecurity per- 3 sonnel across the Department, with 100 of those 4 hires for the Cybersecurity and Infrastructure Secu- 5 rity Agency, to address a cybersecurity workforce 6 shortage; and 7 (5) the Federal Government needs to— 8 (A) expand the cybersecurity workforce 9 pipeline of the Federal Government to 10 sustainably close a Federal cybersecurity work- 11 force shortage; and 12 (B) work cooperatively with the private 13 sector and State and local government authori- 14 ties to expand opportunities for new cybersecu- 15 rity professionals. 16 SEC. 3. CYBERSECURITY AND INFRASTRUCTURE SECURITY 17 APPRENTICESHIP PROGRAM. 18 (a) IN GENERAL.—Subtitle A of title XXII of the 19 Homeland Security Act (6 U.S.C. 651 et seq.) is amended 20 by adding at the end the following: 21 ‘‘SEC. 2218. APPRENTICESHIP PROGRAM. 22 ‘‘(a) DEFINITIONS.—In this section: 23 ‘‘(1) AREA CAREER AND TECHNICAL EDU- 24 CATION SCHOOL.—The term ‘area career and tech- 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2274 RS nical education school’ has the meaning given the 1 term in section 3 of the Carl D. Perkins Career and 2 Technical Education Act of 2006 (20 U.S.C. 2302). 3 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com- 4 munity college’ means a public institution of higher 5 education at which the highest degree that is pre- 6 dominantly awarded to students is an associate’s de- 7 gree, including— 8 ‘‘(A) a 2-year Tribal College or University, 9 as defined in section 316 of the Higher Edu- 10 cation Act of 1965 (20 U.S.C. 1059c); and 11 ‘‘(B) a public 2-year State institution of 12 higher education. 13 ‘‘(3) CYBERSECURITY WORK ROLES.—The term 14 ‘cybersecurity work roles’ means the work roles out- 15 lined in the National Initiative for Cybersecurity 16 Education Cybersecurity Workforce Framework 17 (NIST Special Publication 800–181), or any suc- 18 cessor framework. 19 ‘‘(4) EDUCATION AND TRAINING PROVIDER.— 20 The term ‘education and training provider’ means— 21 ‘‘(A) an area career and technical edu- 22 cation school; 23 ‘‘(B) an early college high school; 24 ‘‘(C) an educational service agency; 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2274 RS ‘‘(D) a high school; 1 ‘‘(E) a local educational agency or State 2 educational agency; 3 ‘‘(F) a Tribal educational agency, Tribally 4 controlled college or university, or Tribally con- 5 trolled postsecondary career and technical insti- 6 tution; 7 ‘‘(G) a postsecondary educational institu- 8 tion; 9 ‘‘(H) a minority-serving institution; 10 ‘‘(I) a provider of adult education and lit- 11 eracy activities under the Adult Education and 12 Family Literacy Act (29 U.S.C. 3271 et seq.); 13 ‘‘(J) a local agency administering plans 14 under title I of the Rehabilitation Act of 1973 15 (29 U.S.C. 720 et seq.), other than section 112 16 or part C of that title (29 U.S.C. 732, 741); 17 ‘‘(K) a related instruction provider, includ- 18 ing a qualified intermediary acting as a related 19 instruction provider as approved by a registra- 20 tion agency; 21 ‘‘(L) a Job Corps center, as defined in sec- 22 tion 142 of the Workforce Innovation and Op- 23 portunity Act (29 U.S.C. 3192); or 24 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2274 RS ‘‘(M) a consortium of entities described in 1 any of subparagraphs (A) through (L). 2 ‘‘(5) ELIGIBLE ENTITY.— 3 ‘‘(A) IN GENERAL.—The term ‘eligible en- 4 tity’ means— 5 ‘‘(i) a program sponsor; 6 ‘‘(ii) a State workforce development 7 board or State workforce agency, or a local 8 workforce development board or local 9 workforce development agency; 10 ‘‘(iii) an education and training pro- 11 vider; 12 ‘‘(iv) if the applicant is in a State 13 with a State apprenticeship agency, such 14 State apprenticeship agency; 15 ‘‘(v) an Indian Tribe or Tribal organi- 16 zation; 17 ‘‘(vi) an industry or sector partner- 18 ship, a group of employers, a trade asso- 19 ciation, or a professional association that 20 sponsors or participates in a program 21 under the national apprenticeship system; 22 ‘‘(vii) a Governor of a State; 23 ‘‘(viii) a labor organization or joint 24 labor-management organization; or 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2274 RS ‘‘(ix) a qualified intermediary. 1 ‘‘(B) SPONSOR REQUIREMENT.—Not fewer 2 than 1 entity described in subparagraph (A) 3 shall be the sponsor of a program under the na- 4 tional apprenticeship system. 5 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— 6 The term ‘institution of higher education’ has the 7 meaning given the term in section 101 of the Higher 8 Education Act of 1965 (20 U.S.C. 1001). 9 ‘‘(7) LOCAL EDUCATIONAL AGENCY; SEC- 10 ONDARY SCHOOL.—The terms ‘local educational 11 agency’ and ‘secondary school’ have the meanings 12 given those terms in section 8101 of the Elementary 13 and Secondary Education Act of 1965 (20 U.S.C. 14 7801). 15 ‘‘(8) LOCAL WORKFORCE DEVELOPMENT 16 BOARD.—The term ‘local workforce development 17 board’ has the meaning given the term ‘local board’ 18 in section 3 of the Workforce Innovation and Oppor- 19 tunity Act (29 U.S.C. 3102). 20 ‘‘(9) NONPROFIT ORGANIZATION.—The term 21 ‘nonprofit organization’ means an organization that 22 is described in section 501(c) of the Internal Rev- 23 enue Code of 1986 and exempt from taxation under 24 section 501(a) of such Code. 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 8 •S 2274 RS ‘‘(10) PROVIDER OF ADULT EDUCATION.—The 1 term ‘provider of adult education’ has the meaning 2 given the term ‘eligible provider’ in section 203 of 3 the Adult Education and Family Literacy Act (29 4 U.S.C. 3272). 5 ‘‘(11) RELATED INSTRUCTION.—The term ‘re- 6 lated instruction’ means an organized and system- 7 atic form of instruction designed to provide an indi- 8 vidual in an apprenticeship program with the knowl- 9 edge of the technical subjects related to the intended 10 occupation of the individual after completion of the 11 program. 12 ‘‘(12) SPONSOR.—The term ‘sponsor’ means 13 any person, association, committee, or organization 14 operating an apprenticeship program and in whose 15 name the program is, or is to be, registered or ap- 16 proved. 17 ‘‘(13) STATE APPRENTICESHIP AGENCY.—The 18 term ‘State apprenticeship agency’ has the meaning 19 given the term in section 29.2 of title 29, Code of 20 Federal Regulations, or any corresponding similar 21 regulation or ruling. 22 ‘‘(14) STATE WORKFORCE DEVELOPMENT 23 BOARD.—The term ‘State workforce development 24 board’ has the meaning given the term ‘State board’ 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 9 •S 2274 RS in section 3 of the Workforce Innovation and Oppor- 1 tunity Act (29 U.S.C. 3102). 2 ‘‘(15) WIOA TERMS.—The terms ‘career plan- 3 ning’, ‘community-based organization’, ‘economic de- 4 velopment agency’, ‘industry or sector partnership’, 5 ‘on-the-job training’, ‘recognized postsecondary cre- 6 dential’, and ‘workplace learning advisor’ have the 7 meanings given those terms in section 3 of the 8 Workforce Innovation and Opportunity Act (29 9 U.S.C. 3102). 10 ‘‘(16) QUALIFIED INTERMEDIARY.— 11 ‘‘(A) IN GENERAL.—The term ‘qualified 12 intermediary’ means an entity that dem- 13 onstrates expertise in building, connecting, sus- 14 taining, and measuring the performance of 15 partnerships described in subparagraph (B) and 16 serves program participants and employers 17 by— 18 ‘‘(i) connecting employers to programs 19 under the national apprenticeship system; 20 ‘‘(ii) assisting in the design and imple- 21 mentation of such programs, including cur- 22 riculum development and delivery for re- 23 lated instruction; 24 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 10 •S 2274 RS ‘‘(iii) supporting entities, sponsors, or 1 program administrators in meeting the 2 registration and reporting requirements of 3 this Act; 4 ‘‘(iv) providing professional develop- 5 ment activities such as training to men- 6 tors; 7 ‘‘(v) supporting the recruitment, re- 8 tention, and completion of potential pro- 9 gram participants, including nontraditional 10 apprenticeship populations and individuals 11 with barriers to employment; 12 ‘‘(vi) developing and providing person- 13 alized program participant supports, in- 14 cluding by partnering with organizations to 15 provide access to or referrals for supportive 16 services and financial advising; 17 ‘‘(vii) providing services, resources, 18 and supports for development, delivery, ex- 19 pansion, or improvement of programs 20 under the national apprenticeship system; 21 or 22 ‘‘(viii) serving as a program sponsor. 23 ‘‘(B) PARTNERSHIPS.—The term ‘partner- 24 ships described in subparagraph (B)’ means 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 11 •S 2274 RS partnerships among entities involved in, or ap- 1 plying to participate in, programs under the na- 2 tional apprenticeship system, including— 3 ‘‘(i) industry or sector partnerships; 4 ‘‘(ii) partnerships among employers, 5 joint labor-management organizations, 6 labor organizations, community-based or- 7 ganizations, industry associations, State or 8 local workforce development boards, edu- 9 cation and training providers, social service 10 organizations, economic development orga- 11 nizations, Indian Tribes or Tribal organi- 12 zations, one-stop operators, one-stop part- 13 ners, or veterans service organizations in 14 the State workforce development system; 15 or 16 ‘‘(iii) partnerships among 1 or more 17 of the entities described in clauses (i) and 18 (ii). 19 ‘‘(b) ESTABLISHMENT OF APPRENTICESHIP PRO- 20 GRAMS.—Not later than 2 years after the date of enact- 21 ment of this section, the Director may establish 1 or more 22 apprenticeship programs as described in subsection (c). 23 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 12 •S 2274 RS ‘‘(c) APPRENTICESHIP PROGRAMS DESCRIBED.—An 1 apprenticeship program described in this subsection is an 2 apprenticeship program that— 3 ‘‘(1) leads directly to employment in— 4 ‘‘(A) a cybersecurity work role with the 5 Agency; or 6 ‘‘(B) a position with a company or other 7 entity provided that the position is— 8 ‘‘(i) certified by the Director as con- 9 tributing to the national cybersecurity of 10 the United States; and 11 ‘‘(ii) funded at least in majority part 12 through a contract, grant, or cooperative 13 agreement with the Agency; 14 ‘‘(2) is focused on competencies and related 15 learning necessary, as determined by the Director, to 16 meet the immediate and ongoing needs of cybersecu- 17 rity work roles at the Agency; and 18 ‘‘(3) is registered with and approved by the Of- 19 fice of Apprenticeship of the Department of Labor 20 or a State apprenticeship agency pursuant to the 21 Act of August 16, 1937 (commonly known as the 22 ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.). 23 ‘‘(d) COORDINATION.—In the development of an ap- 24 prenticeships program under this section, the Director 25 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S2274.RS S2274 kjohnson on DSK79L0C42PROD with BILLS 13 •S 2274 RS shall consult with the Secretary of Labor, the Director of 1 the National Institute of Standards and Technology, the 2 Secretary of Defense, the Director of the National Science 3 Foundation, and the Director of the Office of Personnel 4 Manag [Text truncated for display. 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