HR 3599 RDS
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Homeland Security. 
SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS. 
(a) DETERMINATION WITH RESPECT
TO ROTA-
TIONAL SERVICE.— 
(1) IN
GENERAL.—The head of each agency 
may determine that a cyber workforce position in 
that agency is eligible for the rotational cyber work-
force program, which shall not be construed to mod-
ify the requirement under section 4(b)(3) that par-
ticipation in the rotational cyber workforce program 
by an employee shall be voluntary. 
(2) NOTICE PROVIDED.—The head of an agency 
shall submit to the Director— 
(A) notice regarding any determination 
made by the head of the agency under para-
graph (1); and 
(B) for each position with respect to which 
the head of the agency makes a determination 
under paragraph (1), the information required 
under subsection (b)(1). 
(b) PREPARATION OF LIST.—The Director, with as-
sistance from the Councils and the Secretary, shall develop 
a list of rotational cyber workforce positions that— 
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(1) with respect to each such position, to the 
extent that the information does not disclose sen-
sitive national security information, includes— 
(A) the title of the position; 
(B) the occupational series with respect to 
the position; 
(C) the grade level or work level with re-
spect to the position; 
(D) the agency in which the position is lo-
cated; 
(E) the duty location with respect to the 
position; and 
(F) the major duties and functions of the 
position; and 
(2) shall be used to support the rotational cyber 
workforce program. 
(c) DISTRIBUTION
OF LIST.—Not less frequently 
than annually, the Director shall distribute an updated list 
developed under subsection (b) to the head of each agency 
and other appropriate entities. 
SEC. 4. ROTATIONAL CYBER WORKFORCE PROGRAM. 
(a) OPERATION PLAN.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of this Act, and in con-
sultation with the Councils, the Secretary, represent-
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atives of other agencies, and any other entity as the 
Director determines appropriate, the Director shall 
develop and issue a Federal Rotational Cyber Work-
force Program operation plan providing policies, 
processes, and procedures for a program for the de-
tailing of employees among rotational cyber work-
force positions at agencies, which may be incor-
porated into and implemented through mechanisms 
in existence on the date of enactment of this Act. 
(2) UPDATING.—The Director may, in consulta-
tion with the Councils, the Secretary, and other enti-
ties as the Director determines appropriate, periodi-
cally update the operation plan developed and issued 
under paragraph (1). 
(b) REQUIREMENTS.—The operation plan developed 
and issued under subsection (a) shall, at a minimum— 
(1) identify agencies for participation in the ro-
tational cyber workforce program; 
(2) establish procedures for the rotational cyber 
workforce program, including— 
(A) any training, education, or career de-
velopment requirements associated with partici-
pation in the rotational cyber workforce pro-
gram; 
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(B) any prerequisites or requirements for 
participation in the rotational cyber workforce 
program; and 
(C) appropriate rotational cyber workforce 
program performance measures, reporting re-
quirements, employee exit surveys, and other 
accountability devices for the evaluation of the 
program; 
(3) provide that participation in the rotational 
cyber workforce program by an employee shall be 
voluntary; 
(4) provide that an employee shall be eligible to 
participate in the rotational cyber workforce pro-
gram if the head of the employing agency of the em-
ployee, or a designee of the head of the employing 
agency of the employee, approves of the participation 
of the employee; 
(5) provide that the detail of an employee to a 
rotational cyber workforce position under the rota-
tional cyber workforce program shall be on a nonre-
imbursable basis; 
(6) provide that agencies may agree to partner 
to ensure that the employing agency of an employee 
that participates in the rotational cyber workforce 
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program is able to fill the position vacated by the 
employee; 
(7) require that an employee detailed to a rota-
tional cyber workforce position under the rotational 
cyber workforce program, upon the end of the period 
of service with respect to the detail, shall be entitled 
to return to the position held by the employee, or an 
equivalent position, in the employing agency of the 
employee without loss of pay, seniority, or other 
rights or benefits to which the employee would have 
been entitled had the employee not been detailed; 
(8) provide that discretion with respect to the 
assignment of an employee under the rotational 
cyber workforce program shall remain with the em-
ploying agency of the employee; 
(9) require that an employee detailed to a rota-
tional cyber workforce position under the rotational 
cyber workforce program in an agency that is not 
the employing agency of the employee shall have all 
the rights that would be available to the employee if 
the employee were detailed under a provision of law 
other than this Act from the employing agency to 
the agency in which the rotational cyber workforce 
position is located; 
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(10) provide that participation by an employee 
in the rotational cyber workforce program shall not 
constitute a change in the conditions of the employ-
ment of the employee; and 
(11) provide that an employee participating in 
the rotational cyber workforce program shall receive 
performance evaluations relating to service in the ro-
tational cyber workforce program in a participating 
agency that are— 
(A) prepared by an appropriate officer, su-
pervisor, or management official of the employ-
ing agency, acting in coordination with the su-
pervisor at the agency in which the employee is 
performing service in the rotational cyber work-
force position; 
(B) based on objectives identified in the 
operation plan with respect to the employee; 
and 
(C) based in whole or in part on the con-
tribution of the employee to the agency in which 
the employee performed such service, as com-
municated from that agency to the employing 
agency of the employee. 
(c) PROGRAM
REQUIREMENTS
FOR
ROTATIONAL 
SERVICE.— 
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(1) IN GENERAL.—An employee serving in a 
cyber workforce position in an agency may, with the 
approval of the head of the agency, submit an appli-
cation for detail to a rotational cyber workforce posi-
tion that appears on the list developed under section 
3(b). 
(2) OPM APPROVAL FOR CERTAIN POSITIONS.— 
An employee serving in a position in the excepted 
service may only be selected for a rotational cyber 
workforce position that is in the competitive service 
with the prior approval of the Office of Personnel 
Management, in accordance with section 300.301 of 
title 5, Code of Federal Regulations, or any suc-
cessor thereto. 
(3) SELECTION AND TERM.— 
(A) SELECTION.—The head of an agency 
shall select an employee for a rotational cyber 
workforce position under the rotational cyber 
workforce program in a manner that is con-
sistent with the merit system principles under 
section 2301(b) of title 5, United States Code. 
(B) TERM.—Except as provided in sub-
paragraph (C), and notwithstanding section 
3341(b) of title 5, United States Code, a detail 
to a rotational cyber workforce position shall be 
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for a period of not less than 180 days and not 
more than 1 year. 
(C) EXTENSION.—The Chief Human Cap-
ital Officer of the agency to which an employee 
is detailed under the rotational cyber workforce 
program may extend the period of a detail de-
scribed in subparagraph (B) for a period of 60 
days unless the Chief Human Capital Officer of 
the employing agency of the employee objects to 
that extension. 
(4) WRITTEN SERVICE AGREEMENTS.— 
(A) IN GENERAL.—The detail of an em-
ployee to a rotational cyber workforce position 
shall be contingent upon the employee entering 
into a written service agreement with the em-
ploying agency under which the employee is re-
quired to complete a period of employment with 
the employing agency following the conclusion 
of the detail that is equal in length to the pe-
riod of the detail. 
(B) OTHER
AGREEMENTS
AND
OBLIGA-
TIONS.—A written service agreement under 
subparagraph (A) shall not supersede or modify 
the terms or conditions of any other service 
agreement entered into by the employee under 
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any other authority or relieve the obligations 
between the employee and the employing agency 
under such a service agreement. Nothing in this 
subparagraph prevents an employing agency 
from terminating a service agreement entered 
into under any other authority under the terms 
of such agreement or as required by law or reg-
ulation. 
SEC. 5. REPORTING BY GAO. 
Not later than the end of the third fiscal year after 
the fiscal year in which the operation plan under section 
4(a) is issued, the Comptroller General of the United 
States shall submit to Congress a report assessing the op-
eration and effectiveness of the rotational cyber workforce 
program, which shall address, at a minimum— 
(1) the extent to which agencies have partici-
pated in the rotational cyber workforce program, in-
cluding whether the head of each such participating 
agency has— 
(A) identified positions within the agency 
that are rotational cyber workforce positions; 
(B) had employees from other partici-
pating agencies serve in positions described in 
subparagraph (A); and 
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(C) had employees of the agency request to 
serve in rotational cyber workforce positions 
under the rotational cyber workforce program 
in participating agencies, including a descrip-
tion of how many such requests were approved; 
and 
(2) the experiences of employees serving in ro-
tational cyber workforce positions under the rota-
tional cyber workforce program, including an assess-
ment of— 
(A) the period of service; 
(B) the positions (including grade level and 
occupational series or work level) held by em-
ployees before completing service in a rotational 
cyber workforce position under the rotational 
cyber workforce program; 
(C) the extent to which each employee who 
completed service in a rotational cyber work-
force position under the rotational cyber work-
force program achieved a higher skill level, or 
attained a skill level in a different area, with re-
spect to information technology, cybersecurity, 
or other cyber-related functions; and 
(D) the extent to which service in rota-
tional cyber workforce positions has affected 
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intra-agency and interagency integration and 
coordination of cyber practices, functions, and 
personnel management. 
SEC. 6. SUNSET. 
Effective 5 years after the date of enactment of this 
Act, this Act is repealed. 
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives September 29, 
2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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