[Congressional Record Volume 165, Number 70 (Tuesday, April 30, 2019)]
[Senate]
[Pages S2525-S2528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FEDERAL ROTATIONAL CYBER WORKFORCE PROGRAM ACT OF 2019

  Mr. CASSIDY. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 46, S. 406.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:


[[Page S2526]]


  

       A bill (S. 406) to establish a Federal rotational cyber 
     workforce program for the Federal cyber workforce.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment, as follows:

                                 S. 406

       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] Chief Human Capital Officers 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

[[Page S2527]]

     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.
  Mr. CASSIDY. I ask unanimous consent that the committee-reported 
amendment be agreed to; that the bill, as amended, be considered read a 
third time and passed; and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The bill (S. 406), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 406

       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 Chief Human Capital Officers 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

[[Page S2528]]

     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.

                          ____________________