S.Amdt. 4598

SA 4598. Ms. HASSAN (for herself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E--FEDERAL CYBERSECURITY WORKFORCE EXPANSION ACT

SEC. 5101. SHORT TITLE.

This division may be cited as the ``Federal Cybersecurity
Workforce Expansion Act''.

SEC. 5102. DEFINITIONS.

In this division:
(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.

SEC. 5103. 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 division;
(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

[[Page S8110]]

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; or
(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), 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 the apprenticeship 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--

[[Page S8111]]

(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.

SEC. 5104. 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.

SEC. 5105. 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 ``2025''.

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