[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 429 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 429
To require the establishment of exchange programs relating to
cybersecurity positions between the private sector and certain Federal
agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2019
Ms. Klobuchar (for herself and Mr. Thune) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the establishment of exchange programs relating to
cybersecurity positions between the private sector and certain Federal
agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Security Exchange Act''.
SEC. 2. CYBERSECURITY PROFESSIONAL EXCHANGE PROGRAMS.
(a) Establishment of Programs.--
(1) Reports to congress.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Director of National
Intelligence, the Secretary of Defense, the Secretary
of Homeland Security, the Secretary of Energy, and the
Attorney General shall each submit to the appropriate
committees of Congress with respect to that agency head
a report that contains--
(i) a plan and timeline for implementing
the program described in paragraph (2) at the
agency (or, in the case of the Director of
National Intelligence, at an element of the
intelligence community); and
(ii) an evaluation of the benefits to the
agency (or, in the case of the Director of
National Intelligence, to an element of the
intelligence community) from the establishment
of the program described in paragraph (2).
(B) Inability to establish program.--If an agency
head described in subparagraph (A) determines that the
agency head is unable to establish the program required
under paragraph (2) at the agency (or, in the case of
the Director of National Intelligence, at an element of
the intelligence community), the agency head shall
submit to Congress a notification that describes--
(i) the legal basis for that inability; and
(ii) any other specific factor that
prevents the establishment of the program.
(2) Establishment.--Except in the case of a determination
made under paragraph (1)(B), not later than 180 days after the
date on which each agency head described in paragraph (1)(A)
submits the report required under that paragraph, the agency
head shall, after consultation with the Director of the Office
of Personnel Management, establish a voluntary exchange program
between the applicable agency (or, with respect to the Director
of National Intelligence, an element of the intelligence
community) and private sector institutions, under which--
(A) a covered individual who is an employee of the
agency, or of an element of the intelligence community,
as applicable--
(i) may elect to be temporarily detailed to
a private sector institution that has elected
to receive the covered individual; and
(ii) during the period of detail described
in clause (i), shall be considered to be on
detail to a regular work assignment in that
agency or element for all purposes; and
(B) a covered individual who is an employee of a
private sector institution--
(i) may elect to be temporarily detailed to
the agency or element--
(I) if the agency or element has
elected to receive the covered
individual; and
(II) for a period of not shorter
than 90 days and not longer than 2
years; and
(ii) during the period of detail described
in clause (i)(II), shall--
(I) receive from the private sector
institution financial compensation,
benefits, and any other type of
compensation or support otherwise
provided by or through the private
sector institution during the course of
the employment of the covered
individual with the private sector
institution; and
(II) be considered to be an
employee of the private sector
institution, and not of the agency or
element, for all purposes.
(b) Rules of Construction.--Nothing in this Act may be construed
to--
(1) modify or otherwise affect any program that is in
effect on the day before the date of enactment of this Act; or
(2) prevent a covered individual who is detailed under
subsection (a)(2)(B) from serving as an instructor at an
institution of higher education or a research institution
during that period of detail.
(c) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) with respect to the Director of National
Intelligence--
(i) the Select Committee on Intelligence of
the Senate; and
(ii) the Permanent Select Committee on
Intelligence of the House of Representatives;
(B) with respect to the Secretary of Defense--
(i) the Committee on Armed Services of the
Senate; and
(ii) the Committee on Armed Services of the
House of Representatives;
(C) with respect to the Secretary of Homeland
Security--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Oversight and Reform
of the House of Representatives;
(D) with respect to the Secretary of Energy--
(i) the Committee on Armed Services of the
Senate;
(ii) the Committee on Energy and Natural
Resources of the Senate;
(iii) the Committee on Armed Services of
the House of Representatives; and
(iv) the Committee on Energy and Commerce
of the House of Representatives; and
(E) with respect to the Attorney General--
(i) the Committee on the Judiciary of the
Senate; and
(ii) the Committee on the Judiciary of the
House of Representatives;
(2) the term ``covered individual'' means an individual who
has demonstrated expertise and work experience in cybersecurity
or a related discipline;
(3) the term ``cybersecurity or a related discipline''--
(A) means a discipline relating to cybersecurity;
and
(B) includes--
(i) a field or discipline relating to--
(I) intrusion detection;
(II) secure software development;
(III) attack mitigation;
(IV) system administration;
(V) network services;
(VI) operating systems;
(VII) software application;
(VIII) enterprise architecture;
(IX) internet services;
(X) data management;
(XI) system analysis; or
(XII) malware analysis; and
(ii) any other field or discipline that the
Director of National Intelligence, the
Secretary of Defense, the Secretary of Homeland
Security, the Secretary of Energy, or the
Attorney General determines appropriate for the
purposes of the applicable program established
by that agency head under subsection (a)(2);
(4) 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);
(5) the term ``intelligence community'' has the meaning
given the term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003); and
(6) the term ``private sector institution'' includes--
(A) a nonpublic or commercial person or business;
(B) a research institution;
(C) an institution of higher education; and
(D) any other institution that the Director of
National Intelligence, the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of
Energy, or the Attorney General determines appropriate
for the purposes of the applicable program established
by that agency head under subsection (a)(2).
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