[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1097 Enrolled Bill (ENR)]

        S.1097

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two


                                 An Act


 
   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 2021''.
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) Competitive service.--The term ``competitive service'' has 
    the meaning given that term in section 2102 of title 5, United 
    States Code.
        (3) Councils.--The term ``Councils'' means--
            (A) the Chief Human Capital Officers Council established 
        under section 1303 of the Chief Human Capital Officers Act of 
        2002 (5 U.S.C. 1401 note); and
            (B) the Chief Information Officers Council established 
        under section 3603 of title 44, 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) Director.--The term ``Director'' means the Director of the 
    Office of Personnel Management.
        (6) Employee.--The term ``employee'' has the meaning given the 
    term in section 2105 of title 5, United States Code.
        (7) Employing agency.--The term ``employing agency'' means the 
    agency from which an employee is detailed to a rotational cyber 
    workforce position.
        (8) Excepted service.--The term ``excepted service'' has the 
    meaning given that term in section 2103 of title 5, United States 
    Code.
        (9) 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).
        (10) 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.
        (11) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS.
    (a) Determination With Respect to Rotational Service.--
        (1) In general.--The head of each agency may determine that a 
    cyber workforce position in that agency is eligible for the 
    rotational cyber workforce program, which shall not be construed to 
    modify the requirement under section 4(b)(3) that participation in 
    the rotational cyber workforce program by an employee shall be 
    voluntary.
        (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 
Councils and the Secretary, 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 or work 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, and in consultation with the Councils, the 
    Secretary, representatives of other agencies, and any other entity 
    as the Director determines appropriate, the Director 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, which may be incorporated into and 
    implemented through mechanisms in existence on the date of 
    enactment of this Act.
        (2) Updating.--The Director may, in consultation with the 
    Councils, the Secretary, 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, 
    shall be entitled to return to the position held by the employee, 
    or an equivalent position, in the employing agency of the employee 
    without loss of pay, seniority, or other rights or benefits to 
    which the employee would have been entitled had the employee not 
    been detailed;
        (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, acting in 
        coordination with the supervisor at the agency in which the 
        employee is performing service in the rotational cyber 
        workforce position;
            (B) based 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) OPM approval for certain positions.--An employee serving in 
    a position in the excepted service may only be selected for a 
    rotational cyber workforce position that is in the competitive 
    service with the prior approval of the Office of Personnel 
    Management, in accordance with section 300.301 of title 5, Code of 
    Federal Regulations, or any successor thereto.
        (3) 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.
        (4) Written service agreements.--
            (A) In general.--The detail of an employee to a rotational 
        cyber workforce 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) Other agreements and obligations.--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 third 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 or work level) 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.