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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Rotational 

3 Cyber Workforce Program Act of 2019’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) AGENCY.—The term ‘‘agency’’ has the 

7 meaning given the term ‘‘Executive agency’’ in sec8 tion 105 of title 5, United States Code, except that 

9 the term does not include the Government Account10 ability Office. 

11 (2) COUNCIL.—The term ‘‘Council’’ means the 

12 Chief Human Capital Officers Council established 

13 under section 1303 of the Chief Human Capital Of14 ficers Act of 2002 (5 U.S.C. 1401 note). 

15 (3) CYBER WORKFORCE POSITION.—The term 

16 ‘‘cyber workforce position’’ means a position identi17 fied as having information technology, cybersecurity, 

18 or other cyber-related functions under section 303 of 

19 the Federal Cybersecurity Workforce Assessment 

20 Act of 2015 (5 U.S.C. 301 note). 

21 (4) DIRECTOR.—The term ‘‘Director’’ means 

22 the Director of the Office of Personnel Management. 

23 (5) EMPLOYEE.—The term ‘‘employee’’ has the 

24 meaning given the term in section 2105 of title 5, 

25 United States Code. 


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1 (6) EMPLOYING AGENCY.—The term ‘‘employ2 ing agency’’ means the agency from which an em3 ployee is detailed to a rotational cyber workforce po4 sition. 

5 (7) ROTATIONAL CYBER WORKFORCE POSI6 TION.—The term ‘‘rotational cyber workforce posi7 tion’’ means a cyber workforce position with respect 

8 to which a determination has been made under sec9 tion 3(a)(1). 

10 (8) ROTATIONAL CYBER WORKFORCE PRO11 GRAM.—The term ‘‘rotational cyber workforce pro12 gram’’ means the program for the detail of employ13 ees among rotational cyber workforce positions at 

14 agencies. 

15 SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS. 

16 (a) DETERMINATION WITH RESPECT TO ROTA17 TIONAL SERVICE.— 

18 (1) IN GENERAL.—The head of each agency, in 

19 the sole and exclusive discretion of the head of the 

20 agency, may determine that a cyber workforce posi21 tion in that agency is eligible for the rotational cyber 

22 workforce program. 

23 (2) NOTICE PROVIDED.—The head of an agency 

24 shall submit to the Director— 


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1 (A) notice regarding any determination 

2 made by the head of the agency under para3 graph (1); and 

4 (B) for each position with respect to which 

5 the head of the agency makes a determination 

6 under paragraph (1), the information required 

7 under subsection (b)(1). 

8 (b) PREPARATION OF LIST.—The Director, with as9 sistance from the Council and the Secretary of Homeland 

10 Security, shall develop a list of rotational cyber workforce 

11 positions that— 

12 (1) with respect to each such position, to the 

13 extent that the information does not disclose sen14 sitive national security information, includes— 

15 (A) the title of the position; 

16 (B) the occupational series with respect to 

17 the position; 

18 (C) the grade level with respect to the po19 sition; 

20 (D) the agency in which the position is lo21 cated; 

22 (E) the duty location with respect to the 

23 position; and 

24 (F) the major duties and functions of the 

25 position; and 


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1 (2) shall be used to support the rotational cyber 

2 workforce program. 

3 (c) DISTRIBUTION OF LIST.—Not less frequently 

4 than annually, the Director shall distribute an updated list 

5 developed under subsection (b) to the head of each agency 

6 and other appropriate entities. 

7 SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM. 

8 (a) OPERATION PLAN.— 

9 (1) IN GENERAL.—Not later than 270 days 

10 after the date of enactment of this Act, the Director, 

11 in consultation with the Council, the Chief Informa12 tion Officer of the Department of Homeland Secu13 rity, representatives of other agencies, and any other 

14 entity as the Director determines appropriate, shall 

15 develop and issue a Federal Rotational Cyber Work16 force Program operation plan providing policies, 

17 processes, and procedures for a program for the de18 tailing of employees among rotational cyber work19 force positions at agencies. 

20 (2) UPDATING.—The Director may, in consulta21 tion with the Council and other entities as the Direc22 tor determines appropriate, periodically update the 

23 operation plan developed and issued under para24 graph (1). 


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1 (b) REQUIREMENTS.—The operation plan developed 

2 and issued under subsection (a) shall, at a minimum— 

3 (1) identify agencies for participation in the ro4 tational cyber workforce program; 

5 (2) establish procedures for the rotational cyber 

6 workforce program, including— 

7 (A) any training, education, or career de8 velopment requirements associated with partici9 pation in the rotational cyber workforce pro10 gram; 

11 (B) any prerequisites or requirements for 

12 participation in the rotational cyber workforce 

13 program; and 

14 (C) appropriate rotational cyber workforce 

15 program performance measures, reporting re16 quirements, employee exit surveys, and other 

17 accountability devices for the evaluation of the 

18 program; 

19 (3) provide that participation in the rotational 

20 cyber workforce program by an employee shall be 

21 voluntary; 

22 (4) provide that an employee shall be eligible to 

23 participate in the rotational cyber workforce pro24 gram if the head of the employing agency of the em25 ployee, or a designee of the head of the employing 


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1 agency of the employee, approves of the participation 

2 of the employee; 

3 (5) provide that the detail of an employee to a 

4 rotational cyber workforce position under the rota5 tional cyber workforce program shall be on a nonre6 imbursable basis; 

7 (6) provide that agencies may agree to partner 

8 to ensure that the employing agency of an employee 

9 that participates in the rotational cyber workforce 

10 program is able to fill the position vacated by the 

11 employee; 

12 (7) require that an employee detailed to a rota13 tional cyber workforce position under the rotational 

14 cyber workforce program, upon the end of the period 

15 of service with respect to the detail— 

16 (A) shall be entitled to return to the posi17 tion held by the employee, or a corresponding 

18 position, in the employing agency of the em19 ployee; and 

20 (B) shall not be entitled to return to an21 other position in the employing agency of the 

22 employee, including a more senior position, if 

23 the position held by the employee upon accept24 ing the detail remains open; 


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1 (8) provide that discretion with respect to the 

2 assignment of an employee under the rotational 

3 cyber workforce program shall remain with the em4 ploying agency of the employee; 

5 (9) require that an employee detailed to a rota6 tional cyber workforce position under the rotational 

7 cyber workforce program in an agency that is not 

8 the employing agency of the employee shall have all 

9 the rights that would be available to the employee if 

10 the employee were detailed under a provision of law 

11 other than this Act from the employing agency to 

12 the agency in which the rotational cyber workforce 

13 position is located; 

14 (10) provide that participation by an employee 

15 in the rotational cyber workforce program shall not 

16 constitute a change in the conditions of the employ17 ment of the employee; and 

18 (11) provide that an employee participating in 

19 the rotational cyber workforce program shall receive 

20 performance evaluations relating to service in the ro21 tational cyber workforce program in a participating 

22 agency that are— 

23 (A) prepared by an appropriate officer, su24 pervisor, or management official of the employ25 ing agency; 


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1 (B) based, acting in coordination with the 

2 supervisor at the agency in which the employee 

3 is performing that service, on objectives identi4 fied in the operation plan with respect to the 

5 employee; and 

6 (C) based in whole or in part on the con7 tribution of the employee to the agency in which 

8 the employee performed such service, as com9 municated from that agency to the employing 

10 agency of the employee. 

11 (c) PROGRAM REQUIREMENTS FOR ROTATIONAL

12 SERVICE.— 

13 (1) IN GENERAL.—An employee serving in a 

14 cyber workforce position in an agency may, with the 

15 approval of the head of the agency, submit an appli16 cation for detail to a rotational cyber workforce posi17 tion that appears on the list developed under section 

18 3(b). 

19 (2) SELECTION AND TERM.— 

20 (A) SELECTION.—The head of an agency 

21 shall select an employee for a rotational cyber 

22 workforce position under the rotational cyber 

23 workforce program in a manner that is con24 sistent with the merit system principles under 

25 section 2301(b) of title 5, United States Code. 


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1 (B) TERM.—Except as provided in sub2 paragraph (C), and notwithstanding section 

3 3341(b) of title 5, United States Code, a detail 

4 to a rotational cyber workforce position shall be 

5 for a period of not less than 180 days and not 

6 more than 1 year. 

7 (C) EXTENSION.—The Chief Human Cap8 ital Officer of the agency to which an employee 

9 is detailed under the rotational cyber workforce 

10 program may extend the period of a detail de11 scribed in subparagraph (B) for a period of 60 

12 days unless the Chief Human Capital Officer of 

13 the employing agency of the employee objects to 

14 that extension. 

15 (3) WRITTEN SERVICE AGREEMENTS.— 

16 (A) IN GENERAL.—The detail of an em17 ployee to a rotational cyber position shall be 

18 contingent upon the employee entering into a 

19 written service agreement with the employing 

20 agency under which the employee is required to 

21 complete a period of employment with the em22 ploying agency following the conclusion of the 

23 detail that is equal in length to the period of 

24 the detail. 


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1 (B) CONTINUED SERVICE AGREEMENTS.— 

2 A written service agreement under subpara3 graph (A) shall not supersede or modify the 

4 terms or conditions of any other service agree5 ment entered into by the employee under any 

6 other authority or relieve the obligations be7 tween the employee and the employing agency 

8 under such a service agreement. Nothing in this 

9 subparagraph prevents an employing agency 

10 from terminating a service agreement entered 

11 into under any other authority under the terms 

12 of such agreement or as required by law or reg13 ulation. 

14 SEC. 5. REPORTING BY GAO. 

15 Not later than the end of the second fiscal year after 

16 the fiscal year in which the operation plan under section 

17 4(a) is issued, the Comptroller General of the United 

18 States shall submit to Congress a report assessing the op19 eration and effectiveness of the rotational cyber workforce 

20 program, which shall address, at a minimum— 

21 (1) the extent to which agencies have partici22 pated in the rotational cyber workforce program, in23 cluding whether the head of each such participating 

24 agency has— 


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1 (A) identified positions within the agency 

2 that are rotational cyber workforce positions; 

3 (B) had employees from other partici4 pating agencies serve in positions described in 

5 subparagraph (A); and 

6 (C) had employees of the agency request to 

7 serve in rotational cyber workforce positions 

8 under the rotational cyber workforce program 

9 in participating agencies, including a descrip10 tion of how many such requests were approved; 

11 and 

12 (2) the experiences of employees serving in ro13 tational cyber workforce positions under the rota14 tional cyber workforce program, including an assess15 ment of— 

16 (A) the period of service; 

17 (B) the positions (including grade level and 

18 occupational series) held by employees before 

19 completing service in a rotational cyber work20 force position under the rotational cyber work21 force program; 

22 (C) the extent to which each employee who 

23 completed service in a rotational cyber work24 force position under the rotational cyber work25 force program achieved a higher skill level, or 


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1 attained a skill level in a different area, with re2 spect to information technology, cybersecurity, 

3 or other cyber-related functions; and 

4 (D) the extent to which service in rota5 tional cyber workforce positions has affected 

6 intra-agency and interagency integration and 

7 coordination of cyber practices, functions, and 

8 personnel management. 

9 SEC. 6. SUNSET. 

10 Effective 5 years after the date of enactment of this 

11 Act, this Act is repealed. 

Passed the Senate April 30, 2019. 

Attest: JULIE E. ADAMS, 

Secretary. 


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