Federal Rotational Cyber Workforce Program Act of 2019

IC 116TH CONGRESS 1ST SESSION S. 406 IN THE HOUSE OF REPRESENTATIVES MAY 2, 2019 Referred to the Committee on Oversight and Reform AN ACT To establish a Federal rotational cyber workforce program for the Federal cyber workforce. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 2 S 406 RFH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Federal Rotational 2 Cyber Workforce Program Act of 2019’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) AGENCY.—The term ‘‘agency’’ has the 6 meaning given the term ‘‘Executive agency’’ in sec- 7 tion 105 of title 5, United States Code, except that 8 the term does not include the Government Account- 9 ability Office. 10 (2) COUNCIL.—The term ‘‘Council’’ means the 11 Chief Human Capital Officers Council established 12 under section 1303 of the Chief Human Capital Of- 13 ficers Act of 2002 (5 U.S.C. 1401 note). 14 (3) CYBER WORKFORCE POSITION.—The term 15 ‘‘cyber workforce position’’ means a position identi- 16 fied as having information technology, cybersecurity, 17 or other cyber-related functions under section 303 of 18 the Federal Cybersecurity Workforce Assessment 19 Act of 2015 (5 U.S.C. 301 note). 20 (4) DIRECTOR.—The term ‘‘Director’’ means 21 the Director of the Office of Personnel Management. 22 (5) EMPLOYEE.—The term ‘‘employee’’ has the 23 meaning given the term in section 2105 of title 5, 24 United States Code. 25 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 3 S 406 RFH (6) EMPLOYING AGENCY.—The term ‘‘employ- 1 ing agency’’ means the agency from which an em- 2 ployee is detailed to a rotational cyber workforce po- 3 sition. 4 (7) ROTATIONAL CYBER WORKFORCE POSI- 5 TION.—The term ‘‘rotational cyber workforce posi- 6 tion’’ means a cyber workforce position with respect 7 to which a determination has been made under sec- 8 tion 3(a)(1). 9 (8) ROTATIONAL CYBER WORKFORCE PRO- 10 GRAM.—The term ‘‘rotational cyber workforce pro- 11 gram’’ means the program for the detail of employ- 12 ees among rotational cyber workforce positions at 13 agencies. 14 SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS. 15 (a) DETERMINATION WITH RESPECT TO ROTA- 16 TIONAL SERVICE.— 17 (1) IN GENERAL.—The head of each agency, in 18 the sole and exclusive discretion of the head of the 19 agency, may determine that a cyber workforce posi- 20 tion in that agency is eligible for the rotational cyber 21 workforce program. 22 (2) NOTICE PROVIDED.—The head of an agency 23 shall submit to the Director— 24 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 4 S 406 RFH (A) notice regarding any determination 1 made by the head of the agency under para- 2 graph (1); and 3 (B) for each position with respect to which 4 the head of the agency makes a determination 5 under paragraph (1), the information required 6 under subsection (b)(1). 7 (b) PREPARATION OF LIST.—The Director, with as- 8 sistance from the Council and the Secretary of Homeland 9 Security, shall develop a list of rotational cyber workforce 10 positions that— 11 (1) with respect to each such position, to the 12 extent that the information does not disclose sen- 13 sitive national security information, includes— 14 (A) the title of the position; 15 (B) the occupational series with respect to 16 the position; 17 (C) the grade level with respect to the po- 18 sition; 19 (D) the agency in which the position is lo- 20 cated; 21 (E) the duty location with respect to the 22 position; and 23 (F) the major duties and functions of the 24 position; and 25 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 5 S 406 RFH (2) shall be used to support the rotational cyber 1 workforce program. 2 (c) DISTRIBUTION OF LIST.—Not less frequently 3 than annually, the Director shall distribute an updated list 4 developed under subsection (b) to the head of each agency 5 and other appropriate entities. 6 SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM. 7 (a) OPERATION PLAN.— 8 (1) IN GENERAL.—Not later than 270 days 9 after the date of enactment of this Act, the Director, 10 in consultation with the Council, the Chief Informa- 11 tion Officer of the Department of Homeland Secu- 12 rity, representatives of other agencies, and any other 13 entity as the Director determines appropriate, shall 14 develop and issue a Federal Rotational Cyber Work- 15 force Program operation plan providing policies, 16 processes, and procedures for a program for the de- 17 tailing of employees among rotational cyber work- 18 force positions at agencies. 19 (2) UPDATING.—The Director may, in consulta- 20 tion with the Council and other entities as the Direc- 21 tor determines appropriate, periodically update the 22 operation plan developed and issued under para- 23 graph (1). 24 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 6 S 406 RFH (b) REQUIREMENTS.—The operation plan developed 1 and issued under subsection (a) shall, at a minimum— 2 (1) identify agencies for participation in the ro- 3 tational cyber workforce program; 4 (2) establish procedures for the rotational cyber 5 workforce program, including— 6 (A) any training, education, or career de- 7 velopment requirements associated with partici- 8 pation in the rotational cyber workforce pro- 9 gram; 10 (B) any prerequisites or requirements for 11 participation in the rotational cyber workforce 12 program; and 13 (C) appropriate rotational cyber workforce 14 program performance measures, reporting re- 15 quirements, employee exit surveys, and other 16 accountability devices for the evaluation of the 17 program; 18 (3) provide that participation in the rotational 19 cyber workforce program by an employee shall be 20 voluntary; 21 (4) provide that an employee shall be eligible to 22 participate in the rotational cyber workforce pro- 23 gram if the head of the employing agency of the em- 24 ployee, or a designee of the head of the employing 25 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 7 S 406 RFH agency of the employee, approves of the participation 1 of the employee; 2 (5) provide that the detail of an employee to a 3 rotational cyber workforce position under the rota- 4 tional cyber workforce program shall be on a nonre- 5 imbursable basis; 6 (6) provide that agencies may agree to partner 7 to ensure that the employing agency of an employee 8 that participates in the rotational cyber workforce 9 program is able to fill the position vacated by the 10 employee; 11 (7) require that an employee detailed to a rota- 12 tional cyber workforce position under the rotational 13 cyber workforce program, upon the end of the period 14 of service with respect to the detail— 15 (A) shall be entitled to return to the posi- 16 tion held by the employee, or a corresponding 17 position, in the employing agency of the em- 18 ployee; and 19 (B) shall not be entitled to return to an- 20 other position in the employing agency of the 21 employee, including a more senior position, if 22 the position held by the employee upon accept- 23 ing the detail remains open; 24 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 8 S 406 RFH (8) provide that discretion with respect to the 1 assignment of an employee under the rotational 2 cyber workforce program shall remain with the em- 3 ploying agency of the employee; 4 (9) require that an employee detailed to a rota- 5 tional cyber workforce position under the rotational 6 cyber workforce program in an agency that is not 7 the employing agency of the employee shall have all 8 the rights that would be available to the employee if 9 the employee were detailed under a provision of law 10 other than this Act from the employing agency to 11 the agency in which the rotational cyber workforce 12 position is located; 13 (10) provide that participation by an employee 14 in the rotational cyber workforce program shall not 15 constitute a change in the conditions of the employ- 16 ment of the employee; and 17 (11) provide that an employee participating in 18 the rotational cyber workforce program shall receive 19 performance evaluations relating to service in the ro- 20 tational cyber workforce program in a participating 21 agency that are— 22 (A) prepared by an appropriate officer, su- 23 pervisor, or management official of the employ- 24 ing agency; 25 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 9 S 406 RFH (B) based, acting in coordination with the 1 supervisor at the agency in which the employee 2 is performing that service, on objectives identi- 3 fied in the operation plan with respect to the 4 employee; and 5 (C) based in whole or in part on the con- 6 tribution of the employee to the agency in which 7 the employee performed such service, as com- 8 municated from that agency to the employing 9 agency of the employee. 10 (c) PROGRAM REQUIREMENTS FOR ROTATIONAL 11 SERVICE.— 12 (1) IN GENERAL.—An employee serving in a 13 cyber workforce position in an agency may, with the 14 approval of the head of the agency, submit an appli- 15 cation for detail to a rotational cyber workforce posi- 16 tion that appears on the list developed under section 17 3(b). 18 (2) SELECTION AND TERM.— 19 (A) SELECTION.—The head of an agency 20 shall select an employee for a rotational cyber 21 workforce position under the rotational cyber 22 workforce program in a manner that is con- 23 sistent with the merit system principles under 24 section 2301(b) of title 5, United States Code. 25 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 10 S 406 RFH (B) TERM.—Except as provided in sub- 1 paragraph (C), and notwithstanding section 2 3341(b) of title 5, United States Code, a detail 3 to a rotational cyber workforce position shall be 4 for a period of not less than 180 days and not 5 more than 1 year. 6 (C) EXTENSION.—The Chief Human Cap- 7 ital Officer of the agency to which an employee 8 is detailed under the rotational cyber workforce 9 program may extend the period of a detail de- 10 scribed in subparagraph (B) for a period of 60 11 days unless the Chief Human Capital Officer of 12 the employing agency of the employee objects to 13 that extension. 14 (3) WRITTEN SERVICE AGREEMENTS.— 15 (A) IN GENERAL.—The detail of an em- 16 ployee to a rotational cyber position shall be 17 contingent upon the employee entering into a 18 written service agreement with the employing 19 agency under which the employee is required to 20 complete a period of employment with the em- 21 ploying agency following the conclusion of the 22 detail that is equal in length to the period of 23 the detail. 24 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 11 S 406 RFH (B) CONTINUED SERVICE AGREEMENTS.— 1 A written service agreement under subpara- 2 graph (A) shall not supersede or modify the 3 terms or conditions of any other service agree- 4 ment entered into by the employee under any 5 other authority or relieve the obligations be- 6 tween the employee and the employing agency 7 under such a service agreement. Nothing in this 8 subparagraph prevents an employing agency 9 from terminating a service agreement entered 10 into under any other authority under the terms 11 of such agreement or as required by law or reg- 12 ulation. 13 SEC. 5. REPORTING BY GAO. 14 Not later than the end of the second fiscal year after 15 the fiscal year in which the operation plan under section 16 4(a) is issued, the Comptroller General of the United 17 States shall submit to Congress a report assessing the op- 18 eration and effectiveness of the rotational cyber workforce 19 program, which shall address, at a minimum— 20 (1) the extent to which agencies have partici- 21 pated in the rotational cyber workforce program, in- 22 cluding whether the head of each such participating 23 agency has— 24 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 12 S 406 RFH (A) identified positions within the agency 1 that are rotational cyber workforce positions; 2 (B) had employees from other partici- 3 pating agencies serve in positions described in 4 subparagraph (A); and 5 (C) had employees of the agency request to 6 serve in rotational cyber workforce positions 7 under the rotational cyber workforce program 8 in participating agencies, including a descrip- 9 tion of how many such requests were approved; 10 and 11 (2) the experiences of employees serving in ro- 12 tational cyber workforce positions under the rota- 13 tional cyber workforce program, including an assess- 14 ment of— 15 (A) the period of service; 16 (B) the positions (including grade level and 17 occupational series) held by employees before 18 completing service in a rotational cyber work- 19 force position under the rotational cyber work- 20 force program; 21 (C) the extent to which each employee who 22 completed service in a rotational cyber work- 23 force position under the rotational cyber work- 24 force program achieved a higher skill level, or 25 VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S406 pbinns on DSK79D2C42PROD with BILLS 13 S 406 RFH attained a skill level in a different area, with re- 1 spect to information technology, cybersecurity, 2 or other cyber-related functions; and 3 (D) the extent to which service in rota- 4 tional cyber workforce positions has affected 5 intra-agency and interagency integration and 6 coordination of cyber practices, functions, and 7 personnel management. 8 SEC. 6. SUNSET. 9 Effective 5 years after the date of enactment of this 10 Act, this Act is repealed. 11 Passed the Senate April 30, 2019. Attest: JULIE E. ADAMS, Secretary. VerDate Sep 11 2014 22:12 May 02, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RFH S4 [Text truncated for display. Full text available on Congress.gov.]