[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3437 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 671
115th CONGRESS
  2d Session
                                S. 3437

                          [Report No. 115-385]

   To establish a Federal rotational cyber workforce program for the 
                        Federal cyber workforce.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

  Mr. Peters (for himself, Mr. Hoeven, and Ms. Hassan) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           November 26, 2018

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To establish a Federal rotational cyber workforce program for the 
                        Federal cyber workforce.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Rotational Cyber 
Workforce Program Act of 2018''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agency.--The term ``agency'' has the meaning 
        given the term ``Executive agency'' in section 105 of title 5, 
        United States Code, except that the term does not include the 
        Government Accountability Office.</DELETED>
        <DELETED>    (2) Council.--The term ``Council'' means the Chief 
        Human Capital Officers Council established under section 1303 
        of the Homeland Security Act of 2002 (5 U.S.C. 1401 
        note).</DELETED>
        <DELETED>    (3) 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 (Public Law 114-113; 5 U.S.C. 
        301 note).</DELETED>
        <DELETED>    (4) Director.--The term ``Director'' means the 
        Director of the Office of Personnel Management.</DELETED>
        <DELETED>    (5) Employee.--The term ``employee'' has the 
        meaning given the term in section 2105 of title 5, United 
        States Code.</DELETED>
        <DELETED>    (6) Employing agency.--The term ``employing 
        agency'' means the agency from which an employee is detailed to 
        a rotational cyber workforce position.</DELETED>
        <DELETED>    (7) Rotational cyber workforce position.--The term 
        ``rotational cyber workforce position'' means a cyber workforce 
        position with respect to which a determination has been made 
        under section 3(a)(1).</DELETED>
        <DELETED>    (8) Rotational cyber workforce program.--The term 
        ``rotational cyber workforce program'' means the program for 
        the detail of employees among rotational cyber workforce 
        positions at agencies.</DELETED>

<DELETED>SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS.</DELETED>

<DELETED>    (a) Determination With Respect to Rotational Service.--
</DELETED>
        <DELETED>    (1) In general.--The head of each agency, in the 
        sole and exclusive discretion of the head of the agency, may 
        determine that a cyber workforce position in that agency is 
        eligible for the rotational cyber workforce program.</DELETED>
        <DELETED>    (2) Notice provided.--The head of an agency shall 
        submit to the Director--</DELETED>
                <DELETED>    (A) notice regarding any determination 
                made by the head of the agency under paragraph (1); 
                and</DELETED>
                <DELETED>    (B) for each position with respect to 
                which the head of the agency makes a determination 
                under paragraph (1), the information required under 
                subsection (b)(1).</DELETED>
<DELETED>    (b) Preparation of List.--The Director, with assistance 
from the Council and the Secretary of Homeland Security, shall develop 
a list of rotational cyber workforce positions that--</DELETED>
        <DELETED>    (1) with respect to each such position, to the 
        extent that the information does not disclose sensitive 
        national security information, includes--</DELETED>
                <DELETED>    (A) the title of the position;</DELETED>
                <DELETED>    (B) the occupational series with respect 
                to the position;</DELETED>
                <DELETED>    (C) the grade level with respect to the 
                position;</DELETED>
                <DELETED>    (D) the agency in which the position is 
                located;</DELETED>
                <DELETED>    (E) the duty location with respect to the 
                position; and</DELETED>
                <DELETED>    (F) the major duties and functions of the 
                position; and</DELETED>
        <DELETED>    (2) shall be used to support the rotational cyber 
        workforce program.</DELETED>
<DELETED>    (c) Distribution of List.--Not less frequently than 
annually, the Director shall distribute an updated list developed under 
subsection (b) to the head of each agency and other appropriate 
entities.</DELETED>

<DELETED>SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM.</DELETED>

<DELETED>    (a) Operation Plan.--</DELETED>
        <DELETED>    (1) In general.--Not later than 270 days after the 
        date of enactment of this Act, the Director, in consultation 
        with the Council, the Chief Information Officer of the 
        Department of Homeland Security, representatives of other 
        agencies, and any other entity as the Director determines 
        appropriate, shall develop and issue a Federal Rotational Cyber 
        Workforce Program operation plan providing policies, processes, 
        and procedures for a program for the detailing of employees 
        among rotational cyber workforce positions at 
        agencies.</DELETED>
        <DELETED>    (2) Updating.--The Director may, in consultation 
        with the Council and other entities as the Director determines 
        appropriate, periodically update the operation plan developed 
        and issued under paragraph (1).</DELETED>
<DELETED>    (b) Requirements.--The operation plan developed and issued 
under subsection (a) shall, at a minimum--</DELETED>
        <DELETED>    (1) identify agencies for participation in the 
        rotational cyber workforce program;</DELETED>
        <DELETED>    (2) establish procedures for the rotational cyber 
        workforce program, including--</DELETED>
                <DELETED>    (A) any training, education, or career 
                development requirements associated with participation 
                in the rotational cyber workforce program;</DELETED>
                <DELETED>    (B) any prerequisites or requirements for 
                participation in the rotational cyber workforce 
                program; and</DELETED>
                <DELETED>    (C) appropriate rotational cyber workforce 
                program performance measures, reporting requirements, 
                employee exit surveys, and other accountability devices 
                for the evaluation of the program;</DELETED>
        <DELETED>    (3) provide that participation in the rotational 
        cyber workforce program by an employee shall be 
        voluntary;</DELETED>
        <DELETED>    (4) provide that an employee shall be eligible to 
        participate in the rotational cyber workforce program if the 
        head of the employing agency of the employee, or a designee of 
        the head of the employing agency of the employee, approves of 
        the participation of the employee;</DELETED>
        <DELETED>    (5) provide that the detail of an employee to a 
        rotational cyber workforce position under the rotational cyber 
        workforce program shall be on a nonreimbursable 
        basis;</DELETED>
        <DELETED>    (6) provide that agencies may agree to partner to 
        ensure that the employing agency of an employee that 
        participates in the rotational cyber workforce program is able 
        to fill the position vacated by the employee;</DELETED>
        <DELETED>    (7) require that an employee detailed to a 
        rotational cyber workforce position under the rotational cyber 
        workforce program, upon the end of the period of service with 
        respect to the detail--</DELETED>
                <DELETED>    (A) shall be entitled to return to the 
                position held by the employee, or a corresponding 
                position, in the employing agency of the employee; 
                and</DELETED>
                <DELETED>    (B) shall not be entitled to return to 
                another position in the employing agency of the 
                employee, including a more senior position, if the 
                position held by the employee upon accepting the detail 
                remains open;</DELETED>
        <DELETED>    (8) provide that discretion with respect to the 
        assignment of an employee under the rotational cyber workforce 
        program shall remain with the employing agency of the 
        employee;</DELETED>
        <DELETED>    (9) require that an employee detailed to a 
        rotational cyber workforce position under the rotational cyber 
        workforce program--</DELETED>
                <DELETED>    (A) in an agency that is not the employing 
                agency of the employee shall have all the rights that 
                would be available to the employee if the employee were 
                detailed under a provision of law other than this Act 
                from the employing agency to the agency in which the 
                rotational cyber workforce position is located; 
                and</DELETED>
                <DELETED>    (B) including under an extension granted 
                under subsection (c)(2)(C), shall be excluded from the 
                application of chapter 71 of title 5, United States 
                Code, during the period in which the employee is 
                detailed;</DELETED>
        <DELETED>    (10) provide that chapter 71 of title 5, United 
        States Code, shall not apply with respect to any changes in the 
        conditions of the employment of an employee relating to 
        participation by the employee in the rotational cyber workforce 
        program; and</DELETED>
        <DELETED>    (11) provide that an employee participating in the 
        rotational cyber workforce program shall receive performance 
        evaluations relating to service in the rotational cyber 
        workforce program in a participating agency that are--
        </DELETED>
                <DELETED>    (A) prepared by an appropriate officer, 
                supervisor, or management official of the employing 
                agency;</DELETED>
                <DELETED>    (B) in coordination with the supervisor at 
                the agency in which the employee is performing that 
                service, based on objectives identified in the 
                operation plan with respect to the employee; 
                and</DELETED>
                <DELETED>    (C) based in whole or in part on the 
                contribution of the employee to the agency in which the 
                employee performed such service, as communicated from 
                that agency to the employing agency of the 
                employee.</DELETED>
<DELETED>    (c) Program Requirements for Rotational Service.--
</DELETED>
        <DELETED>    (1) In general.--An employee serving in a cyber 
        workforce position in an agency may, with the approval of the 
        head of the agency, submit an application for detail to a 
        rotational cyber workforce position that appears on the list 
        developed under section 3(b).</DELETED>
        <DELETED>    (2) Selection and term.--</DELETED>
                <DELETED>    (A) Selection.--The head of an agency 
                shall select an employee for a rotational cyber 
                workforce position under the rotational cyber workforce 
                program in a manner that is consistent with the merit 
                system principles under section 2301(b) of title 5, 
                United States Code.</DELETED>
                <DELETED>    (B) Term.--Except as provided in 
                subparagraph (C), and notwithstanding section 3341(b) 
                of title 5, United States Code, a detail to a 
                rotational cyber workforce position shall be for a 
                period of not less than 180 days and not more than 1 
                year.</DELETED>
                <DELETED>    (C) Extension.--The Chief Human Capital 
                Officer of the agency to which an employee is detailed 
                under the rotational cyber workforce program may extend 
                the period of a detail described in subparagraph (B) 
                for a period of 60 days unless the Chief Human Capital 
                Officer of the employing agency of the employee objects 
                to that extension.</DELETED>
        <DELETED>    (3) Written service agreements.--</DELETED>
                <DELETED>    (A) In general.--The detail of an employee 
                to a rotational cyber position shall be contingent upon 
                the employee entering into a written service agreement 
                with the employing agency under which the employee is 
                required to complete a period of employment with the 
                employing agency following the conclusion of the detail 
                that is equal in length to the period of the 
                detail.</DELETED>
                <DELETED>    (B) Continued service agreements.--A 
                written service agreement under subparagraph (A) shall 
                not supersede or modify the terms or conditions of any 
                other service agreement entered into by the employee 
                under any other authority or relieve the obligations 
                between the employee and the employing agency under 
                such a service agreement. Nothing in this subparagraph 
                prevents an employing agency from terminating a service 
                agreement entered into under any other authority under 
                the terms of such agreement or as required by law or 
                regulation.</DELETED>

<DELETED>SEC. 5. REPORTING BY GAO.</DELETED>

<DELETED>    Not later than the end of the second fiscal year after the 
fiscal year in which the operation plan under section 4(a) is issued, 
the Comptroller General of the United States shall submit to Congress a 
report assessing the operation and effectiveness of the rotational 
cyber workforce program, which shall address, at a minimum--</DELETED>
        <DELETED>    (1) the extent to which agencies have participated 
        in the rotational cyber workforce program, including whether 
        the head of each such participating agency has--</DELETED>
                <DELETED>    (A) identified positions within the agency 
                that are rotational cyber workforce 
                positions;</DELETED>
                <DELETED>    (B) had employees from other participating 
                agencies serve in positions described in subparagraph 
                (A); and</DELETED>
                <DELETED>    (C) had employees of the agency request to 
                serve in rotational cyber workforce positions under the 
                rotational cyber workforce program in participating 
                agencies, including a description of how many such 
                requests were approved; and</DELETED>
        <DELETED>    (2) the experiences of employees serving in 
        rotational cyber workforce positions under the rotational cyber 
        workforce program, including an assessment of--</DELETED>
                <DELETED>    (A) the period of service;</DELETED>
                <DELETED>    (B) the positions (including grade level 
                and occupational series) held by employees before 
                completing service in a rotational cyber workforce 
                position under the rotational cyber workforce 
                program;</DELETED>
                <DELETED>    (C) the extent to which each employee who 
                completed service in a rotational cyber workforce 
                position under the rotational cyber workforce program 
                achieved a higher skill level, or attained a skill 
                level in a different area, with respect to information 
                technology, cybersecurity, or other cyber-related 
                functions; and</DELETED>
                <DELETED>    (D) the extent to which service in 
                rotational cyber workforce positions has affected 
                intra-agency and interagency integration and 
                coordination of cyber practices, functions, and 
                personnel management.</DELETED>

<DELETED>SEC. 6. SUNSET.</DELETED>

<DELETED>    Effective 5 years after the date of enactment of this Act, 
this Act is repealed.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Rotational Cyber Workforce 
Program Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code, except that the term does not include the 
        Government Accountability Office.
            (2) Council.--The term ``Council'' means the Chief Human 
        Capital Officers Council established under section 1303 of the 
        Homeland Security Act of 2002 (5 U.S.C. 1401 note).
            (3) 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).
            (4) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (5) Employee.--The term ``employee'' has the meaning given 
        the term in section 2105 of title 5, United States Code.
            (6) Employing agency.--The term ``employing agency'' means 
        the agency from which an employee is detailed to a rotational 
        cyber workforce position.
            (7) Rotational cyber workforce position.--The term 
        ``rotational cyber workforce position'' means a cyber workforce 
        position with respect to which a determination has been made 
        under section 3(a)(1).
            (8) Rotational cyber workforce program.--The term 
        ``rotational cyber workforce program'' means the program for 
        the detail of employees among rotational cyber workforce 
        positions at agencies.

SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS.

    (a) Determination With Respect to Rotational Service.--
            (1) In general.--The head of each agency, in the sole and 
        exclusive discretion of the head of the agency, may determine 
        that a cyber workforce position in that agency is eligible for 
        the rotational cyber workforce program.
            (2) Notice provided.--The head of an agency shall submit to 
        the Director--
                    (A) notice regarding any determination made by the 
                head of the agency under paragraph (1); and
                    (B) for each position with respect to which the 
                head of the agency makes a determination under 
                paragraph (1), the information required under 
                subsection (b)(1).
    (b) Preparation of List.--The Director, with assistance from the 
Council and the Secretary of Homeland Security, shall develop a list of 
rotational cyber workforce positions that--
            (1) with respect to each such position, to the extent that 
        the information does not disclose sensitive national security 
        information, includes--
                    (A) the title of the position;
                    (B) the occupational series with respect to the 
                position;
                    (C) the grade level with respect to the position;
                    (D) the agency in which the position is located;
                    (E) the duty location with respect to the position; 
                and
                    (F) the major duties and functions of the position; 
                and
            (2) shall be used to support the rotational cyber workforce 
        program.
    (c) Distribution of List.--Not less frequently than annually, the 
Director shall distribute an updated list developed under subsection 
(b) to the head of each agency and other appropriate entities.

SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM.

    (a) Operation Plan.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Director, in consultation with the 
        Council, the Chief Information Officer of the Department of 
        Homeland Security, representatives of other agencies, and any 
        other entity as the Director determines appropriate, shall 
        develop and issue a Federal Rotational Cyber Workforce Program 
        operation plan providing policies, processes, and procedures 
        for a program for the detailing of employees among rotational 
        cyber workforce positions at agencies.
            (2) Updating.--The Director may, in consultation with the 
        Council and other entities as the Director determines 
        appropriate, periodically update the operation plan developed 
        and issued under paragraph (1).
    (b) Requirements.--The operation plan developed and issued under 
subsection (a) shall, at a minimum--
            (1) identify agencies for participation in the rotational 
        cyber workforce program;
            (2) establish procedures for the rotational cyber workforce 
        program, including--
                    (A) any training, education, or career development 
                requirements associated with participation in the 
                rotational cyber workforce program;
                    (B) any prerequisites or requirements for 
                participation in the rotational cyber workforce 
                program; and
                    (C) appropriate rotational cyber workforce program 
                performance measures, reporting requirements, employee 
                exit surveys, and other accountability devices for the 
                evaluation of the program;
            (3) provide that participation in the rotational cyber 
        workforce program by an employee shall be voluntary;
            (4) provide that an employee shall be eligible to 
        participate in the rotational cyber workforce program if the 
        head of the employing agency of the employee, or a designee of 
        the head of the employing agency of the employee, approves of 
        the participation of the employee;
            (5) provide that the detail of an employee to a rotational 
        cyber workforce position under the rotational cyber workforce 
        program shall be on a nonreimbursable basis;
            (6) provide that agencies may agree to partner to ensure 
        that the employing agency of an employee that participates in 
        the rotational cyber workforce program is able to fill the 
        position vacated by the employee;
            (7) require that an employee detailed to a rotational cyber 
        workforce position under the rotational cyber workforce 
        program, upon the end of the period of service with respect to 
        the detail--
                    (A) shall be entitled to return to the position 
                held by the employee, or a corresponding position, in 
                the employing agency of the employee; and
                    (B) shall not be entitled to return to another 
                position in the employing agency of the employee, 
                including a more senior position, if the position held 
                by the employee upon accepting the detail remains open;
            (8) provide that discretion with respect to the assignment 
        of an employee under the rotational cyber workforce program 
        shall remain with the employing agency of the employee;
            (9) require that an employee detailed to a rotational cyber 
        workforce position under the rotational cyber workforce program 
        in an agency that is not the employing agency of the employee 
        shall have all the rights that would be available to the 
        employee if the employee were detailed under a provision of law 
        other than this Act from the employing agency to the agency in 
        which the rotational cyber workforce position is located;
            (10) provide that participation by an employee in the 
        rotational cyber workforce program shall not constitute a 
        change in the conditions of the employment of the employee; and
            (11) provide that an employee participating in the 
        rotational cyber workforce program shall receive performance 
        evaluations relating to service in the rotational cyber 
        workforce program in a participating agency that are--
                    (A) prepared by an appropriate officer, supervisor, 
                or management official of the employing agency;
                    (B) based, acting in coordination with the 
                supervisor at the agency in which the employee is 
                performing that service, on objectives identified in 
                the operation plan with respect to the employee; and
                    (C) based in whole or in part on the contribution 
                of the employee to the agency in which the employee 
                performed such service, as communicated from that 
                agency to the employing agency of the employee.
    (c) Program Requirements for Rotational Service.--
            (1) In general.--An employee serving in a cyber workforce 
        position in an agency may, with the approval of the head of the 
        agency, submit an application for detail to a rotational cyber 
        workforce position that appears on the list developed under 
        section 3(b).
            (2) Selection and term.--
                    (A) Selection.--The head of an agency shall select 
                an employee for a rotational cyber workforce position 
                under the rotational cyber workforce program in a 
                manner that is consistent with the merit system 
                principles under section 2301(b) of title 5, United 
                States Code.
                    (B) Term.--Except as provided in subparagraph (C), 
                and notwithstanding section 3341(b) of title 5, United 
                States Code, a detail to a rotational cyber workforce 
                position shall be for a period of not less than 180 
                days and not more than 1 year.
                    (C) Extension.--The Chief Human Capital Officer of 
                the agency to which an employee is detailed under the 
                rotational cyber workforce program may extend the 
                period of a detail described in subparagraph (B) for a 
                period of 60 days unless the Chief Human Capital 
                Officer of the employing agency of the employee objects 
                to that extension.
            (3) Written service agreements.--
                    (A) In general.--The detail of an employee to a 
                rotational cyber position shall be contingent upon the 
                employee entering into a written service agreement with 
                the employing agency under which the employee is 
                required to complete a period of employment with the 
                employing agency following the conclusion of the detail 
                that is equal in length to the period of the detail.
                    (B) Continued service agreements.--A written 
                service agreement under subparagraph (A) shall not 
                supersede or modify the terms or conditions of any 
                other service agreement entered into by the employee 
                under any other authority or relieve the obligations 
                between the employee and the employing agency under 
                such a service agreement. Nothing in this subparagraph 
                prevents an employing agency from terminating a service 
                agreement entered into under any other authority under 
                the terms of such agreement or as required by law or 
                regulation.

SEC. 5. REPORTING BY GAO.

    Not later than the end of the second fiscal year after the fiscal 
year in which the operation plan under section 4(a) is issued, the 
Comptroller General of the United States shall submit to Congress a 
report assessing the operation and effectiveness of the rotational 
cyber workforce program, which shall address, at a minimum--
            (1) the extent to which agencies have participated in the 
        rotational cyber workforce program, including whether the head 
        of each such participating agency has--
                    (A) identified positions within the agency that are 
                rotational cyber workforce positions;
                    (B) had employees from other participating agencies 
                serve in positions described in subparagraph (A); and
                    (C) had employees of the agency request to serve in 
                rotational cyber workforce positions under the 
                rotational cyber workforce program in participating 
                agencies, including a description of how many such 
                requests were approved; and
            (2) the experiences of employees serving in rotational 
        cyber workforce positions under the rotational cyber workforce 
        program, including an assessment of--
                    (A) the period of service;
                    (B) the positions (including grade level and 
                occupational series) held by employees before 
                completing service in a rotational cyber workforce 
                position under the rotational cyber workforce program;
                    (C) the extent to which each employee who completed 
                service in a rotational cyber workforce position under 
                the rotational cyber workforce program achieved a 
                higher skill level, or attained a skill level in a 
                different area, with respect to information technology, 
                cybersecurity, or other cyber-related functions; and
                    (D) the extent to which service in rotational cyber 
                workforce positions has affected intra-agency and 
                interagency integration and coordination of cyber 
                practices, functions, and personnel management.

SEC. 6. SUNSET.

    Effective 5 years after the date of enactment of this Act, this Act 
is repealed.
                                                       Calendar No. 671

115th CONGRESS

  2d Session

                                S. 3437

                          [Report No. 115-385]

_______________________________________________________________________

                                 A BILL

   To establish a Federal rotational cyber workforce program for the 
                        Federal cyber workforce.

_______________________________________________________________________

                           November 26, 2018

                       Reported with an amendment