[117th Congress Public Law 149]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 1289]]
Public Law 117-149
117th Congress
An Act
To establish a Federal rotational cyber workforce program for the
Federal cyber workforce. <<NOTE: June 21, 2022 - [S. 1097]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, <<NOTE: Federal Rotational Cyber Workforce Program Act of
2021. 5 USC 3341 note prec.>>
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).
[[Page 136 STAT. 1290]]
(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) <<NOTE: Deadline. Updates.>> 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. <<NOTE: Deadline. Consultation. Procedures.>> --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. <<NOTE: Consultation.>> --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).
[[Page 136 STAT. 1291]]
(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) <<NOTE: Evaluation.>> 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
[[Page 136 STAT. 1292]]
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. <<NOTE: Application.>> --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.
[[Page 136 STAT. 1293]]
SEC. 5. REPORTING BY GAO.
Not <<NOTE: Assessments.>> 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.
[[Page 136 STAT. 1294]]
SEC. 6. SUNSET.
Effective 5 years after the date of enactment of this Act, this Act
is repealed.
Approved June 21, 2022.
LEGISLATIVE HISTORY--S. 1097:
---------------------------------------------------------------------------
SENATE REPORTS: No. 117-47 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 167 (2021):
Dec. 14, considered and passed
Senate.
Vol. 168 (2022):
May 10, considered and passed House.
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