Date: June 22, 2022
The President Signs S. 1097, the
“Federal Rotational Cyber Workforce Program Act of 2021”
On June 21, 2022, the President signed S. 1097, the Federal Rotational Cyber Workforce Program Act of 2021. The bill previously passed the House on May 10, 2022 by voice vote and the Senate on December 14, 2021 by unanimous consent. The new law, Public Law 117-149, establishes a rotational cyber workforce program across the federal government.
S. 1097 contains the following provisions of interest to the Social Security Administration (SSA):
Sec. 3. Rotational Cyber Workforce Positions
- Allows the head of each agency1 , including SSA, to determine whether a cyber workforce position2 in that agency is eligible for the rotational program.
- Requires the head of an agency to submit a list to OPM with details about their eligible positions.
- Requires OPM to develop a comprehensive list of details about eligible positions that include:
- the title, occupational series and the grade level or work level of the position;
- the agency in which the position is located and the duty location; and
- the major duties and functions of the position.
- Requires OPM to distribute the comprehensive list of eligible positions to the head of each agency at least annually.
Sec. 4. Rotational Cyber Workforce Program
- Requires OPM 3 to develop and issue a Federal Rotational Cyber Workforce Program operation plan within 270 days after enactment, that provides policies, processes, and procedures for detailing employees among cyber workforce positions across federal agencies. At a minimum, the plan must:
- identify participating agencies;
- establish program procedures, including training, education, or career development, prerequisites for participation, performance measures, reporting requirements and other accountability devices;
- indicate employee participation is voluntary, not reimbursable and does not constitute change in employment conditions;
- provide that the head of the employing agency approves employee’s participation;
- provide that agencies may partner to ensure the participant’s employing agency is able to fill the vacancy created by the employee’s detail;
- provide that at the end of the rotation the detailed employee is required to return to the same or equivalent position held at the employing agency without loss of pay, seniority, or other rights and benefits granted prior to the detail;
- provide that the employing agency has discretion over its employee’s assignment under the program;
- require that an employee detailed to a rotational cyber workforce position have all the rights that would be available to the employee if the employee were detailed to a position within the rotational agency under a provision of law other than this Act; and
- provide that the employee receive a performance evaluation under the program.
- Allows employees serving in a cyber workforce position4 to apply for a 180-day detail5 to a position on the list distributed by OPM.
- Requires employee participation in a rotational cyber workforce position to be contingent upon entering into a written service agreement6 with the employing agency.
Sec. 5. Reporting by GAO
- Requires GAO to submit a report to Congress7 assessing the operation and effectiveness of the cyber workforce program.
Sec. 6. Sunset
- This legislation sunsets 5 years after enactment of this Act.
- Unless otherwise stated, the provisions of this bill are effective upon enactment.
1 The term “agency” has the meaning given the term “Executive agency” in 5 U.S.C. 105, an Executive department, a Government corporation, and an independent establishment.
2The 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 Act of 2015 (5 U.S.C. 301).
3In consultation with the Chief Human Capital and Chief Information Officers Councils, DHS, representatives of other agencies, and any other entity as OPM determines appropriate.
4An employee serving in an excepted service position (i.e. not in competitive service or the Senior Executive Service) may only be selected for a competitive service position with prior OPM approval in accordance with 5 CFR 300.301.
5 The Chief Human Capital Officer of the detailing agency may extend the detail for 60 days unless the Chief Human Capital Officer of the employing agency objects. The rotational detail cannot exceed 1 year.
6The agreement requires the employee to complete a period of employment with the employing agency at the end of the detail. The service agreement does not supersede or modify the terms or conditions of any other service agreement. Nothing in this law prevents the employing agency from terminating the service agreement.
7The GAO report to Congress must be submitted no later than the end of the third fiscal year after the fiscal year in which OPM issues the operation plan described in Section 4.