[Congressional Record Volume 167, Number 215 (Tuesday, December 14, 2021)]
[Senate]
[Pages S9156-S9157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL ROTATIONAL CYBER WORKFORCE PROGRAM ACT OF 2021
Ms. CANTWELL. Madam President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 177, S.
1097.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1097) 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.
Ms. CANTWELL. I ask unanimous consent that the bill 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 bill (S. 1097) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 1097
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
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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.
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