[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 406 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 406
To establish a Federal rotational cyber workforce program for the
Federal cyber workforce.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2019
Mr. Peters (for himself, Mr. Hoeven, Ms. Hassan, and Mr. Johnson)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Rotational Cyber Workforce
Program Act of 2019''.
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.
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