[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

[[Page S9157]]

     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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