[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,

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This Act may be cited as the ``Federal Rotational Cyber Workforce
Program Act of 2021''.

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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.

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(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.

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(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.

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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.

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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.

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Federal Rotational Cyber Workforce Program Act of 2021 — S. 1097

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