Federal Rotational Cyber Workforce Program Act of 2021
PL 117-149 (S.1097), enacted 06/21/2022

[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:
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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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