New Collar Jobs Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 334 To increase cybersecurity education and job growth, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 8, 2019 Mr. TED LIEU of California (for himself, Mr. CARTWRIGHT, Ms. KUSTER of New Hampshire, and Mrs. TORRES of California) introduced the fol- lowing bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Ways and Means, Edu- cation and Labor, and Oversight and Reform, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase cybersecurity education and job growth, and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘New Collar Jobs Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Employee cybersecurity education. VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 334 IH Sec. 4. Student loan repayment for certain cybersecurity employees. Sec. 5. CyberCorps scholarship-for-service program. Sec. 6. Increased funding for Advanced Technology Education program. Sec. 7. Cybersecurity training incentive for Government contracts. SEC. 2. FINDINGS. 1 Congress find the following: 2 (1) Domestic factory output has increased by 3 21 percent since June 2009, but manufacturing em- 4 ployment has only increased 5 percent during that 5 time, and has been flat since late 2014. 6 (2) As manufacturers leverage new technologies 7 from robotics to distributed control systems to create 8 modern factories and industrial plants, different em- 9 ployment requirements have emerged including the 10 need for cybersecurity talent. 11 (3) Leading cybersecurity experts have reported 12 spike of 250 percent in industrial automation and 13 control system cyber-incidents occurring during the 14 period between 2011 and 2015 and as a result are 15 seeking personnel with knowledge of their industry 16 coupled with knowledge of security technology to 17 prevent their organization from becoming victims of 18 cyber-attacks. 19 SEC. 3. EMPLOYEE CYBERSECURITY EDUCATION. 20 (a) IN GENERAL.—Subpart D of part IV of sub- 21 chapter A of chapter 1 of the Internal Revenue Code of 22 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 334 IH 1986 is amended by adding at the end the following new 1 section: 2 ‘‘SEC. 45S. EMPLOYEE CYBERSECURITY EDUCATION. 3 ‘‘(a) IN GENERAL.—For purposes of section 38, the 4 employee cybersecurity education credit determined under 5 this section for the taxable year is an amount equal to 6 50 percent of the aggregate qualified employee cybersecu- 7 rity education expenses paid or incurred by the employer 8 during such taxable year. 9 ‘‘(b) LIMITATION.—The amount allowed as a credit 10 under subsection (a) for the taxable year with respect to 11 an employee shall not exceed $5,000. 12 ‘‘(c) QUALIFIED EMPLOYEE CYBERSECURITY EDU- 13 CATION EXPENSES.—For purposes of this section, the 14 term ‘qualified employee cybersecurity education expenses’ 15 means amounts paid or incurred for each employee who 16 earns a certificate or degree at the undergraduate or grad- 17 uate level or industry-recognized certification relating to 18 those specialty areas and work roles that are listed in 19 NCWF Work Roles in the document entitled, ‘NICE Cy- 20 bersecurity Workforce Framework (NCWF)’, published by 21 the National Initiative for Cybersecurity Education 22 (NICE) of the National Institute of Standards and Tech- 23 nology. 24 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 334 IH ‘‘(d) CERTAIN RULES TO APPLY.—Rules similar to 1 the rules of subsections (i)(1) and (k) of section 51 shall 2 apply for purposes of this section.’’. 3 (b) CREDIT MADE PART OF GENERAL BUSINESS 4 CREDIT.—Subsection (b) of section 38 of such Code is 5 amended by striking ‘‘plus’’ at the end of paragraph (35), 6 by striking the period at the end of paragraph (36) and 7 inserting ‘‘, plus’’, and by adding at the end the following 8 new paragraph: 9 ‘‘(37) the employee cybersecurity education 10 credit determined under section 45S(a).’’. 11 (c) DENIAL OF DOUBLE BENEFIT.—Subsection (a) 12 of section 280C of such Code is amended by inserting 13 ‘‘45S(a),’’ after ‘‘45P(a),’’. 14 (d) CLERICAL AMENDMENT.—The table of sections 15 for subpart D of part IV of subchapter A of chapter 1 16 of such Code is amended by adding at the end the fol- 17 lowing new item: 18 ‘‘Sec. 45S. Employee cybersecurity education.’’. (e) EFFECTIVE DATE.—The amendments made by 19 this section shall apply to individuals commencing appren- 20 ticeship programs after the date of the enactment of this 21 Act. 22 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 334 IH SEC. 4. STUDENT LOAN REPAYMENT FOR CERTAIN CYBER- 1 SECURITY EMPLOYEES. 2 Section 455 of the Higher Education Act of 1965 (20 3 U.S.C. 1087e) is amended by adding at the end the fol- 4 lowing: 5 ‘‘(r) LOAN REPAYMENT FOR CYBERSECURITY WORK- 6 ERS IN ECONOMICALLY DISTRESSED AREA.— 7 ‘‘(1) IN GENERAL.—The Secretary shall cancel 8 the amount described in paragraph (2) of the bal- 9 ance of interest and principal due, in accordance 10 with such paragraph, on any eligible Federal Direct 11 Loan not in default for a borrower who— 12 ‘‘(A) makes 36 consecutive monthly pay- 13 ments on the eligible Federal Direct Loan after 14 the date of the enactment of this section pursu- 15 ant to any one or a combination of the fol- 16 lowing— 17 ‘‘(i) payments under an income-based 18 repayment plan under section 493C; 19 ‘‘(ii) payments under a standard re- 20 payment plan under subsection (d)(1)(A), 21 based on a 10-year repayment period; 22 ‘‘(iii) monthly payments under a re- 23 payment plan under subsection (d)(1) or 24 (g) of not less than the monthly amount 25 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 334 IH calculated under subsection (d)(1)(A), 1 based on a 10-year repayment period; or 2 ‘‘(iv) payments under an income con- 3 tingent repayment plan under subsection 4 (d)(1)(D); and 5 ‘‘(B) during the period in which the bor- 6 rower makes each of the 36 consecutive month- 7 ly payments described in subparagraph (A), has 8 been employed in a cybersecurity job— 9 ‘‘(i) located in an area that, for at 10 least 12 of such consecutive monthly pay- 11 ments is an economically distressed area; 12 and 13 ‘‘(ii) that requires that the borrower 14 work in the economically distressed area no 15 less than 60 percent of total work hours. 16 ‘‘(2) CANCELLATION AMOUNT.—After the con- 17 clusion of the employment period described in para- 18 graph (1), the Secretary shall cancel the lesser of 19 the following: 20 ‘‘(A) The obligation to repay the balance of 21 principal and interest due as of the time of such 22 cancellation, on the eligible Federal Direct 23 Loans made to the borrower under this part. 24 ‘‘(B) $25,000. 25 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 334 IH ‘‘(3) INELIGIBILITY OF DOUBLE BENEFITS.— 1 No borrower may, for the same service, receive a re- 2 duction of loan obligations under both this sub- 3 section and— 4 ‘‘(A) subsection (m); or 5 ‘‘(B) section 428J, 428K, 428L, or 460. 6 ‘‘(4) DEFINITIONS.—In this section: 7 ‘‘(A) CYBERSECURITY JOB.—The term ‘cy- 8 bersecurity job’ means— 9 ‘‘(i) a skill role as defined in the 10 NCWF Work Roles by the National Initia- 11 tive for Cybersecurity Education (NICE) 12 Cybersecurity Workforce Framework 13 (NCWF) of the National Institute of 14 Standards and Technology, Special Publi- 15 cation 800–181, or any successor docu- 16 ment; or 17 ‘‘(ii) teaching a cybersecurity course 18 for a skill role described in clause (i). 19 ‘‘(B) ECONOMICALLY DISTRESSED AREA.— 20 The term ‘economically distressed area’ means 21 an area that meets one or more criteria under 22 section 301(a) of the Public Works and Eco- 23 nomic Development Act of 1965 (42 U.S.C. 24 3161(a)).’’. 25 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 334 IH SEC. 5. CYBERCORPS SCHOLARSHIP-FOR-SERVICE PRO- 1 GRAM. 2 (a) FUNDING INCREASE.—It is the sense of the Con- 3 gress that the number of scholarships awarded by the Na- 4 tional Science Foundation for scholarships awarded under 5 the Federal cyber scholarship-for-service program estab- 6 lished by section 302 of the Cybersecurity Enhancement 7 Act of 2014 for fiscal year 2019 and each succeeding fiscal 8 year should be not less than double the number of such 9 scholarships awarded for fiscal year 2018. 10 (b) CYBERSECURITY COURSE INSTRUCTION.—Sec- 11 tion 302 of the Cybersecurity Enhancement Act of 2014 12 (15 U.S.C. 7442) is amended— 13 (1) in subsection (a), by striking ‘‘and security 14 managers’’ and inserting ‘‘security managers, and 15 cybersecurity course instructors,’’; and 16 (2) in subsection (d), by adding at the end the 17 following: ‘‘Such work may include teaching a cyber- 18 security course for a skill role as defined in the 19 NCWF Work Roles by the National Initiative for 20 Cybersecurity Education (NICE) Cybersecurity 21 Workforce Framework (NCWF) of the National In- 22 stitute of Standards and Technology, Special Publi- 23 cation 800–181, or any successor document.’’. 24 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 334 IH (c) ELIMINATION OF PRIORITY FOR FEDERAL GOV- 1 ERNMENT EMPLOYMENT PLACEMENTS.—Section 302(b) 2 of such Act (15 U.S.C. 7442(b)) is amended— 3 (1) in paragraph (1), by adding ‘‘and’’ at the 4 end; 5 (2) in paragraph (2), by striking ‘‘; and’’ and 6 inserting a period; and 7 (3) by striking paragraph (3). 8 SEC. 6. INCREASED FUNDING FOR ADVANCED TECH- 9 NOLOGY EDUCATION PROGRAM. 10 It is the sense of the Congress that the amount ex- 11 pended for the Information Technology and Cybersecurity 12 Division of the Advanced Technological Education pro- 13 gram of the National Science Foundation established by 14 section 3(a) of the Scientific and Advanced-Technology 15 Act of 1992 (Public Law 102–476) for fiscal year 2019 16 should be an amount equal to not less than 110 percent 17 of the amount expended for such division for fiscal year 18 2018. 19 SEC. 7. CYBERSECURITY TRAINING INCENTIVE FOR GOV- 20 ERNMENT CONTRACTS. 21 (a) IN GENERAL.—Subpart 15.3 of the Federal Ac- 22 quisition Regulation shall be revised to require, in the eval- 23 uation of a competitive proposal received in response to 24 a solicitation for a contract valued in excess of 25 VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 334 IH $5,000,000, that the head of an executive agency award 1 a five percent score increase to each competitive proposal 2 submitted by a qualified offeror. 3 (b) DEFINITIONS.—In this section: 4 (1) EXECUTIVE AGENCY.—The term ‘‘executive 5 agency’’ has the meaning given that term in section 6 102 of title 40, United States Code. 7 (2) QUALIFIED OFFEROR.—The term ‘‘qualified 8 offeror’’ means a business that has claimed the em- 9 ployee cybersecurity education credit under section 10 45S of the Internal Revenue Code of 1986, as added 11 by section 3, at least once within the three-year pe- 12 riod preceding the date on which the business sub- 13 mits a competitive proposal for a contract valued in 14 excess of $5,000,000. 15 Æ VerDate Sep 11 2014 23:14 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H334.IH H334 pamtmann on DSKBFK8HB2PROD with BILLS