II 

117TH CONGRESS 

1ST SESSION H. R. 3599 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2021 

Received 

AN ACT 

To establish a Federal rotational cyber workforce program 

for the Federal cyber workforce, and for other purposes. 

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 2021’’. 

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) COMPETITIVE SERVICE.—The term ‘‘com12 petitive service’’ has the meaning given that term in 

13 section 2102 of title 5, United States Code. 

14 (3) COUNCILS.—The term ‘‘Councils’’ means— 

15 (A) the Chief Human Capital Officers 

16 Council established under section 1303 of the 

17 Chief Human Capital Officers Act of 2002 (5 

18 U.S.C. 1401 note); and 

19 (B) the Chief Information Officers Council 

20 established under section 3603 of title 44, 

21 United States Code. 

22 (4) CYBER WORKFORCE POSITION.—The term 

23 ‘‘cyber workforce position’’ means a position identi24 fied as having information technology, cybersecurity, 

25 or other cyber-related functions under section 303 of 


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1 the Federal Cybersecurity Workforce Assessment 

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

3 (5) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the Office of Personnel Management. 

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

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

7 United States Code. 

8 (7) EMPLOYING AGENCY.—The term ‘‘employ9 ing agency’’ means the agency from which an em10 ployee is detailed to a rotational cyber workforce po11 sition. 

12 (8) EXCEPTED SERVICE.—The term ‘‘excepted 

13 service’’ has the meaning given that term in section 

14 2103 of title 5, United States Code. 

15 (9) ROTATIONAL CYBER WORKFORCE POSI16 TION.—The term ‘‘rotational cyber workforce posi17 tion’’ means a cyber workforce position with respect 

18 to which a determination has been made under sec19 tion 3(a)(1). 

20 (10) ROTATIONAL CYBER WORKFORCE PRO21 GRAM.—The term ‘‘rotational cyber workforce pro22 gram’’ means the program for the detail of employ23 ees among rotational cyber workforce positions at 

24 agencies. 


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1 (11) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Homeland Security. 

3 SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS. 

4 (a) DETERMINATION WITH RESPECT TO ROTA5 TIONAL SERVICE.— 

6 (1) IN GENERAL.—The head of each agency 

7 may determine that a cyber workforce position in 

8 that agency is eligible for the rotational cyber work9 force program, which shall not be construed to mod10 ify the requirement under section 4(b)(3) that par11 ticipation in the rotational cyber workforce program 

12 by an employee shall be voluntary. 

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

14 shall submit to the Director— 

15 (A) notice regarding any determination 

16 made by the head of the agency under para17 graph (1); and 

18 (B) for each position with respect to which 

19 the head of the agency makes a determination 

20 under paragraph (1), the information required 

21 under subsection (b)(1). 

22 (b) PREPARATION OF LIST.—The Director, with as23 sistance from the Councils and the Secretary, shall develop 

24 a list of rotational cyber workforce positions that— 


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

2 extent that the information does not disclose sen3 sitive national security information, includes— 

4 (A) the title of the position; 

5 (B) the occupational series with respect to 

6 the position; 

7 (C) the grade level or work level with re8 spect to the position; 

9 (D) the agency in which the position is lo10 cated; 

11 (E) the duty location with respect to the 

12 position; and 

13 (F) the major duties and functions of the 

14 position; and 

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

16 workforce program. 

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

18 than annually, the Director shall distribute an updated list 

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

20 and other appropriate entities. 

21 SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM. 

22 (a) OPERATION PLAN.— 

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

24 after the date of enactment of this Act, and in con25 sultation with the Councils, the Secretary, representVerDate Sep 11 2014 02:54 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3599.RDS H3599

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1 atives of other agencies, and any other entity as the 

2 Director determines appropriate, the Director shall 

3 develop and issue a Federal Rotational Cyber Work4 force Program operation plan providing policies, 

5 processes, and procedures for a program for the de6 tailing of employees among rotational cyber work7 force positions at agencies, which may be incor8 porated into and implemented through mechanisms 

9 in existence on the date of enactment of this Act. 

10 (2) UPDATING.—The Director may, in consulta11 tion with the Councils, the Secretary, and other enti12 ties as the Director determines appropriate, periodi13 cally update the operation plan developed and issued 

14 under paragraph (1). 

15 (b) REQUIREMENTS.—The operation plan developed 

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

17 (1) identify agencies for participation in the ro18 tational cyber workforce program; 

19 (2) establish procedures for the rotational cyber 

20 workforce program, including— 

21 (A) any training, education, or career de22 velopment requirements associated with partici23 pation in the rotational cyber workforce pro24 gram; 


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1 (B) any prerequisites or requirements for 

2 participation in the rotational cyber workforce 

3 program; and 

4 (C) appropriate rotational cyber workforce 

5 program performance measures, reporting re6 quirements, employee exit surveys, and other 

7 accountability devices for the evaluation of the 

8 program; 

9 (3) provide that participation in the rotational 

10 cyber workforce program by an employee shall be 

11 voluntary; 

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

13 participate in the rotational cyber workforce pro14 gram if the head of the employing agency of the em15 ployee, or a designee of the head of the employing 

16 agency of the employee, approves of the participation 

17 of the employee; 

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

19 rotational cyber workforce position under the rota20 tional cyber workforce program shall be on a nonre21 imbursable basis; 

22 (6) provide that agencies may agree to partner 

23 to ensure that the employing agency of an employee 

24 that participates in the rotational cyber workforce 


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1 program is able to fill the position vacated by the 

2 employee; 

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

5 cyber workforce program, upon the end of the period 

6 of service with respect to the detail, shall be entitled 

7 to return to the position held by the employee, or an 

8 equivalent position, in the employing agency of the 

9 employee without loss of pay, seniority, or other 

10 rights or benefits to which the employee would have 

11 been entitled had the employee not been detailed; 

12 (8) provide that discretion with respect to the 

13 assignment of an employee under the rotational 

14 cyber workforce program shall remain with the em15 ploying agency of the employee; 

16 (9) require that an employee detailed to a rota17 tional cyber workforce position under the rotational 

18 cyber workforce program in an agency that is not 

19 the employing agency of the employee shall have all 

20 the rights that would be available to the employee if 

21 the employee were detailed under a provision of law 

22 other than this Act from the employing agency to 

23 the agency in which the rotational cyber workforce 

24 position is located; 


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1 (10) provide that participation by an employee 

2 in the rotational cyber workforce program shall not 

3 constitute a change in the conditions of the employ4 ment of the employee; and 

5 (11) provide that an employee participating in 

6 the rotational cyber workforce program shall receive 

7 performance evaluations relating to service in the ro8 tational cyber workforce program in a participating 

9 agency that are— 

10 (A) prepared by an appropriate officer, su11 pervisor, or management official of the employ12 ing agency, acting in coordination with the su13 pervisor at the agency in which the employee is 

14 performing service in the rotational cyber work15 force position; 

16 (B) based on objectives identified in the 

17 operation plan with respect to the employee; 

18 and 

19 (C) based in whole or in part on the con20 tribution of the employee to the agency in which 

21 the employee performed such service, as com22 municated from that agency to the employing 

23 agency of the employee. 

24 (c) PROGRAM REQUIREMENTS FOR ROTATIONAL

25 SERVICE.— 


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

2 cyber workforce position in an agency may, with the 

3 approval of the head of the agency, submit an appli4 cation for detail to a rotational cyber workforce posi5 tion that appears on the list developed under section 

6 3(b). 

7 (2) OPM APPROVAL FOR CERTAIN POSITIONS.— 

8 An employee serving in a position in the excepted 

9 service may only be selected for a rotational cyber 

10 workforce position that is in the competitive service 

11 with the prior approval of the Office of Personnel 

12 Management, in accordance with section 300.301 of 

13 title 5, Code of Federal Regulations, or any suc14 cessor thereto. 

15 (3) SELECTION AND TERM.— 

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

17 shall select an employee for a rotational cyber 

18 workforce position under the rotational cyber 

19 workforce program in a manner that is con20 sistent with the merit system principles under 

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

22 (B) TERM.—Except as provided in sub23 paragraph (C), and notwithstanding section 

24 3341(b) of title 5, United States Code, a detail 

25 to a rotational cyber workforce position shall be 


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

2 more than 1 year. 

3 (C) EXTENSION.—The Chief Human Cap4 ital Officer of the agency to which an employee 

5 is detailed under the rotational cyber workforce 

6 program may extend the period of a detail de7 scribed in subparagraph (B) for a period of 60 

8 days unless the Chief Human Capital Officer of 

9 the employing agency of the employee objects to 

10 that extension. 

11 (4) WRITTEN SERVICE AGREEMENTS.— 

12 (A) IN GENERAL.—The detail of an em13 ployee to a rotational cyber workforce position 

14 shall be contingent upon the employee entering 

15 into a written service agreement with the em16 ploying agency under which the employee is re17 quired to complete a period of employment with 

18 the employing agency following the conclusion 

19 of the detail that is equal in length to the pe20 riod of the detail. 

21 (B) OTHER AGREEMENTS AND OBLIGA22 TIONS.—A written service agreement under 

23 subparagraph (A) shall not supersede or modify 

24 the terms or conditions of any other service 

25 agreement entered into by the employee under 


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1 any other authority or relieve the obligations 

2 between the employee and the employing agency 

3 under such a service agreement. Nothing in this 

4 subparagraph prevents an employing agency 

5 from terminating a service agreement entered 

6 into under any other authority under the terms 

7 of such agreement or as required by law or reg8 ulation. 

9 SEC. 5. REPORTING BY GAO. 

10 Not later than the end of the third fiscal year after 

11 the fiscal year in which the operation plan under section 

12 4(a) is issued, the Comptroller General of the United 

13 States shall submit to Congress a report assessing the op14 eration and effectiveness of the rotational cyber workforce 

15 program, which shall address, at a minimum— 

16 (1) the extent to which agencies have partici17 pated in the rotational cyber workforce program, in18 cluding whether the head of each such participating 

19 agency has— 

20 (A) identified positions within the agency 

21 that are rotational cyber workforce positions; 

22 (B) had employees from other partici23 pating agencies serve in positions described in 

24 subparagraph (A); and 


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1 (C) had employees of the agency request to 

2 serve in rotational cyber workforce positions 

3 under the rotational cyber workforce program 

4 in participating agencies, including a descrip5 tion of how many such requests were approved; 

6 and 

7 (2) the experiences of employees serving in ro8 tational cyber workforce positions under the rota9 tional cyber workforce program, including an assess10 ment of— 

11 (A) the period of service; 

12 (B) the positions (including grade level and 

13 occupational series or work level) held by em14 ployees before completing service in a rotational 

15 cyber workforce position under the rotational 

16 cyber workforce program; 

17 (C) the extent to which each employee who 

18 completed service in a rotational cyber work19 force position under the rotational cyber work20 force program achieved a higher skill level, or 

21 attained a skill level in a different area, with re22 spect to information technology, cybersecurity, 

23 or other cyber-related functions; and 

24 (D) the extent to which service in rota25 tional cyber workforce positions has affected 


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1 intra-agency and interagency integration and 

2 coordination of cyber practices, functions, and 

3 personnel management. 

4 SEC. 6. SUNSET. 

5 Effective 5 years after the date of enactment of this 

6 Act, this Act is repealed. 

7 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the House Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Passed the House of Representatives September 29, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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