S. 2256 — what changed

Definitions— In this section:

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).

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 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and

a public 2-year State institution of higher education.

Competitive service— The term competitive service has the meaning given the term in section 2102 of title 5, United States Code.

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).

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).

Education and training provider— The term education and training provider means—

an area career and technical education school;

an early college high school;

an educational service agency;

a high school;

a local educational agency or State educational agency;

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));

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);

a minority-serving institution;

a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.);

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);

a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency;

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);

a YouthBuild program, as defined in section 171(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(b)); or

a consortium of entities described in any of subparagraphs (A) through (M).

Eligible entity— The term eligible entity means—

a sponsor;

a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency;

an education and training provider;

a State apprenticeship agency;

an Indian Tribe or Tribal organization;

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;

a Governor of a State;

a labor organization or joint labor-management organization; or

a qualified intermediary.

Excepted service— The term excepted service has the meaning given the term in section 2103 of title 5, United States Code.

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).

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)).

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.

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).

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—

connecting employers to programs under the national apprenticeship system;

assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction;

providing professional development activities such as training to mentors;

supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment;

developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising;

providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or

serving as a sponsor.

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—

industry or sector partnerships;

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

partnerships among 1 or more of the entities described in clause (i) or (ii).

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.

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.

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).

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.

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).

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).

In general— Not later than 3 years after the date of enactment of this Act, the Secretary shall establish an apprenticeship pilot program.

Requirements— The apprenticeship pilot program established under paragraph (1) shall—

employ pilot program participants in cyber workforce positions within the Department;

employ not more than 25 new pilot program participants during each year during which the pilot program is carried out;

be intended to lead to employment in a cyber workforce position within a Federal agency;

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;

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.);

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

be sponsored by the Department or an eligible entity receiving a contract, cooperative agreement, or grant under subsection (d).

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.

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—

demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs;

having knowledge of cybersecurity workforce development;

being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Department as described in this section;

providing participants who complete the apprenticeship pilot program with 1 or more recognized postsecondary credentials;

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

demonstrating successful outcomes connecting participants in apprenticeship programs to careers relevant to the apprenticeship pilot program.

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.

Priority— In selecting eligible entities to receive a contract, cooperative agreement, or grant under subsection (d), the Secretary may prioritize an eligible entity that—

is a member of an industry or sector partnership that sponsors or participates in a program under the national apprenticeship system;

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);

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;

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;

has successfully increased the representation in cybersecurity of women, underrepresented minorities, and individuals from other underrepresented communities; or

focuses on recruiting women, underrepresented minorities, and individuals from other underrepresented communities.

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.

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.

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.

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.

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).

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 description of—

any activity carried out by the Department under this section;

any entity that enters into a contract or cooperative agreement with or receives a grant from the Department under subsection (d);

any activity carried out using a contract, cooperative agreement, or grant under this section as described in subsection (d); and

best practices used to leverage the investment of the Federal Government under this section; and

an assessment of the results achieved by the pilot program, including—

the rate of continued employment within a Federal agency for participants after completing the pilot program;

the demographics of participants in the pilot program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities;

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

the return on investment for the pilot program.

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.

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.