II 

Calendar No. 46 

116TH CONGRESS 

1ST SESSION S. 406 

[Report No. 116–15] 

To establish a Federal rotational cyber workforce program for the Federal 

cyber workforce. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Mr. PETERS (for himself, Mr. HOEVEN, Ms. HASSAN, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

MARCH 25, 2019 

Reported by Mr. JOHNSON, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Cyber Workforce Program Act of 2019’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 meaning given the term ‘‘Executive agency’’ in sec5 tion 105 of title 5, United States Code, except that 

6 the term does not include the Government Account7 ability Office. 

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

9 Chief Human Capital Officers Council established 

10 under section 1303 of the Homeland Security Chief 

11 Human Capital Officers Act of 2002 (5 U.S.C. 1401 

12 note). 

13 (3) CYBER WORKFORCE POSITION.—The term 

14 ‘‘cyber workforce position’’ means a position identi15 fied as having information technology, cybersecurity, 

16 or other cyber-related functions under section 303 of 

17 the Federal Cybersecurity Workforce Assessment 

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

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

20 the Director of the Office of Personnel Management. 

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

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

23 United States Code. 

24 (6) EMPLOYING AGENCY.—The term ‘‘employ25 ing agency’’ means the agency from which an emVerDate Sep 11 2014 22:36 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S406.RS S406

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1 ployee is detailed to a rotational cyber workforce po2 sition. 

3 (7) ROTATIONAL CYBER WORKFORCE POSI4 TION.—The term ‘‘rotational cyber workforce posi5 tion’’ means a cyber workforce position with respect 

6 to which a determination has been made under sec7 tion 3(a)(1). 

8 (8) ROTATIONAL CYBER WORKFORCE PRO9 GRAM.—The term ‘‘rotational cyber workforce pro10 gram’’ means the program for the detail of employ11 ees among rotational cyber workforce positions at 

12 agencies. 

13 SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS. 

14 (a) DETERMINATION WITH RESPECT TO ROTA15 TIONAL SERVICE.— 

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

17 the sole and exclusive discretion of the head of the 

18 agency, may determine that a cyber workforce posi19 tion in that agency is eligible for the rotational cyber 

20 workforce program. 

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

22 shall submit to the Director— 

23 (A) notice regarding any determination 

24 made by the head of the agency under para25 graph (1); and 


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1 (B) for each position with respect to which 

2 the head of the agency makes a determination 

3 under paragraph (1), the information required 

4 under subsection (b)(1). 

5 (b) PREPARATION OF LIST.—The Director, with as6 sistance from the Council and the Secretary of Homeland 

7 Security, shall develop a list of rotational cyber workforce 

8 positions that— 

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

10 extent that the information does not disclose sen11 sitive national security information, includes— 

12 (A) the title of the position; 

13 (B) the occupational series with respect to 

14 the position; 

15 (C) the grade level with respect to the po16 sition; 

17 (D) the agency in which the position is lo18 cated; 

19 (E) the duty location with respect to the 

20 position; and 

21 (F) the major duties and functions of the 

22 position; and 

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

24 workforce program. 


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

2 than annually, the Director shall distribute an updated list 

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

4 and other appropriate entities. 

5 SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM. 

6 (a) OPERATION PLAN.— 

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

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

9 in consultation with the Council, the Chief Informa10 tion Officer of the Department of Homeland Secu11 rity, representatives of other agencies, and any other 

12 entity as the Director determines appropriate, shall 

13 develop and issue a Federal Rotational Cyber Work14 force Program operation plan providing policies, 

15 processes, and procedures for a program for the de16 tailing of employees among rotational cyber work17 force positions at agencies. 

18 (2) UPDATING.—The Director may, in consulta19 tion with the Council and other entities as the Direc20 tor determines appropriate, periodically update the 

21 operation plan developed and issued under para22 graph (1). 

23 (b) REQUIREMENTS.—The operation plan developed 

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


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1 (1) identify agencies for participation in the ro2 tational cyber workforce program; 

3 (2) establish procedures for the rotational cyber 

4 workforce program, including— 

5 (A) any training, education, or career de6 velopment requirements associated with partici7 pation in the rotational cyber workforce pro8 gram; 

9 (B) any prerequisites or requirements for 

10 participation in the rotational cyber workforce 

11 program; and 

12 (C) appropriate rotational cyber workforce 

13 program performance measures, reporting re14 quirements, employee exit surveys, and other 

15 accountability devices for the evaluation of the 

16 program; 

17 (3) provide that participation in the rotational 

18 cyber workforce program by an employee shall be 

19 voluntary; 

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

21 participate in the rotational cyber workforce pro22 gram if the head of the employing agency of the em23 ployee, or a designee of the head of the employing 

24 agency of the employee, approves of the participation 

25 of the employee; 


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

2 rotational cyber workforce position under the rota3 tional cyber workforce program shall be on a nonre4 imbursable basis; 

5 (6) provide that agencies may agree to partner 

6 to ensure that the employing agency of an employee 

7 that participates in the rotational cyber workforce 

8 program is able to fill the position vacated by the 

9 employee; 

10 (7) require that an employee detailed to a rota11 tional cyber workforce position under the rotational 

12 cyber workforce program, upon the end of the period 

13 of service with respect to the detail— 

14 (A) shall be entitled to return to the posi15 tion held by the employee, or a corresponding 

16 position, in the employing agency of the em17 ployee; and 

18 (B) shall not be entitled to return to an19 other position in the employing agency of the 

20 employee, including a more senior position, if 

21 the position held by the employee upon accept22 ing the detail remains open; 

23 (8) provide that discretion with respect to the 

24 assignment of an employee under the rotational 


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1 cyber workforce program shall remain with the em2 ploying agency of the employee; 

3 (9) require that an employee detailed to a rota4 tional cyber workforce position under the rotational 

5 cyber workforce program in an agency that is not 

6 the employing agency of the employee shall have all 

7 the rights that would be available to the employee if 

8 the employee were detailed under a provision of law 

9 other than this Act from the employing agency to 

10 the agency in which the rotational cyber workforce 

11 position is located; 

12 (10) provide that participation by an employee 

13 in the rotational cyber workforce program shall not 

14 constitute a change in the conditions of the employ15 ment of the employee; and 

16 (11) provide that an employee participating in 

17 the rotational cyber workforce program shall receive 

18 performance evaluations relating to service in the ro19 tational cyber workforce program in a participating 

20 agency that are— 

21 (A) prepared by an appropriate officer, su22 pervisor, or management official of the employ23 ing agency; 

24 (B) based, acting in coordination with the 

25 supervisor at the agency in which the employee 


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1 is performing that service, on objectives identi2 fied in the operation plan with respect to the 

3 employee; and 

4 (C) based in whole or in part on the con5 tribution of the employee to the agency in which 

6 the employee performed such service, as com7 municated from that agency to the employing 

8 agency of the employee. 

9 (c) PROGRAM REQUIREMENTS FOR ROTATIONAL

10 SERVICE.— 

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

12 cyber workforce position in an agency may, with the 

13 approval of the head of the agency, submit an appli14 cation for detail to a rotational cyber workforce posi15 tion that appears on the list developed under section 

16 3(b). 

17 (2) SELECTION AND TERM.— 

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

19 shall select an employee for a rotational cyber 

20 workforce position under the rotational cyber 

21 workforce program in a manner that is con22 sistent with the merit system principles under 

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

24 (B) TERM.—Except as provided in sub25 paragraph (C), and notwithstanding section 


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1 3341(b) of title 5, United States Code, a detail 

2 to a rotational cyber workforce position shall be 

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

4 more than 1 year. 

5 (C) EXTENSION.—The Chief Human Cap6 ital Officer of the agency to which an employee 

7 is detailed under the rotational cyber workforce 

8 program may extend the period of a detail de9 scribed in subparagraph (B) for a period of 60 

10 days unless the Chief Human Capital Officer of 

11 the employing agency of the employee objects to 

12 that extension. 

13 (3) WRITTEN SERVICE AGREEMENTS.— 

14 (A) IN GENERAL.—The detail of an em15 ployee to a rotational cyber position shall be 

16 contingent upon the employee entering into a 

17 written service agreement with the employing 

18 agency under which the employee is required to 

19 complete a period of employment with the em20 ploying agency following the conclusion of the 

21 detail that is equal in length to the period of 

22 the detail. 

23 (B) CONTINUED SERVICE AGREEMENTS.— 

24 A written service agreement under subpara25 graph (A) shall not supersede or modify the 


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1 terms or conditions of any other service agree2 ment entered into by the employee under any 

3 other authority or relieve the obligations be4 tween the employee and the employing agency 

5 under such a service agreement. Nothing in this 

6 subparagraph prevents an employing agency 

7 from terminating a service agreement entered 

8 into under any other authority under the terms 

9 of such agreement or as required by law or reg10 ulation. 

11 SEC. 5. REPORTING BY GAO. 

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

13 the fiscal year in which the operation plan under section 

14 4(a) is issued, the Comptroller General of the United 

15 States shall submit to Congress a report assessing the op16 eration and effectiveness of the rotational cyber workforce 

17 program, which shall address, at a minimum— 

18 (1) the extent to which agencies have partici19 pated in the rotational cyber workforce program, in20 cluding whether the head of each such participating 

21 agency has— 

22 (A) identified positions within the agency 

23 that are rotational cyber workforce positions; 


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1 (B) had employees from other partici2 pating agencies serve in positions described in 

3 subparagraph (A); and 

4 (C) had employees of the agency request to 

5 serve in rotational cyber workforce positions 

6 under the rotational cyber workforce program 

7 in participating agencies, including a descrip8 tion of how many such requests were approved; 

9 and 

10 (2) the experiences of employees serving in ro11 tational cyber workforce positions under the rota12 tional cyber workforce program, including an assess13 ment of— 

14 (A) the period of service; 

15 (B) the positions (including grade level and 

16 occupational series) held by employees before 

17 completing service in a rotational cyber work18 force position under the rotational cyber work19 force program; 

20 (C) the extent to which each employee who 

21 completed service in a rotational cyber work22 force position under the rotational cyber work23 force program achieved a higher skill level, or 

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1 spect to information technology, cybersecurity, 

2 or other cyber-related functions; and 

3 (D) the extent to which service in rota4 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. 


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Calendar No. 46 

116TH CONGRESS 

1ST SESSION S. 406 

[Report No. 116–15] 

A BILL 

To establish a Federal rotational cyber workforce 

program for the Federal cyber workforce. 

MARCH 25, 2019 

Reported with an amendment 


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