Sec. 4. Rotational cyber workforce program

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Not later than 270 days after the date of enactment of this Act, the Director, in consultation with the Council, the Chief Information Officer of the Department of Homeland Security, representatives of other agencies, and any other entity as the Director determines appropriate, shall develop and issue a Federal Rotational Cyber Workforce Program operation plan providing policies, processes, and procedures for a program for the detailing of employees among rotational cyber workforce positions at agencies.

The Director may, in consultation with the Council and other entities as the Director determines appropriate, periodically update the operation plan developed and issued under paragraph (1). The operation plan developed and issued under subsection

(a)shall, at a minimum— identify agencies for participation in the rotational cyber workforce program; establish procedures for the rotational cyber workforce program, including— any training, education, or career development requirements associated with participation in the rotational cyber workforce program; any prerequisites or requirements for participation in the rotational cyber workforce program; and appropriate rotational cyber workforce program performance measures, reporting requirements, employee exit surveys, and other accountability devices for the evaluation of the program; provide that participation in the rotational cyber workforce program by an employee shall be voluntary; provide that an employee shall be eligible to participate in the rotational cyber workforce program if the head of the employing agency of the employee, or a designee of the head of the employing agency of the employee, approves of the participation of the employee; provide that the detail of an employee to a rotational cyber workforce position under the rotational cyber workforce program shall be on a nonreimbursable basis; provide that agencies may agree to partner to ensure that the employing agency of an employee that participates in the rotational cyber workforce program is able to fill the position vacated by the employee; require that an employee detailed to a rotational 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 a corresponding position, in the employing agency of the employee; and shall not be entitled to return to another position in the employing agency of the employee, including a more senior position, if the position held by the employee upon accepting the detail remains open; provide that discretion with respect to the assignment of an employee under the rotational cyber workforce program shall remain with the employing agency of the employee; require that an employee detailed to a rotational 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; provide that participation by an employee in the rotational cyber workforce program shall not constitute a change in the conditions of the employment of the employee; and provide that an employee participating in the rotational cyber workforce program shall receive performance evaluations relating to service in the rotational cyber workforce program in a participating agency that are— prepared by an appropriate officer, supervisor, or management official of the employing agency; based, acting in coordination with the supervisor at the agency in which the employee is performing that service, on objectives identified in the operation plan with respect to the employee; and based in whole or in part on the contribution of the employee to the agency in which the employee performed such service, as communicated from that agency to the employing agency of the employee. An employee serving in a cyber workforce position in an agency may, with the approval of the head of the agency, submit an application for detail to a rotational cyber workforce position that appears on the list developed under section 3(b). 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 consistent with the merit system principles under section 2301(b) of title 5, United States Code. Except as provided in subparagraph (C), and notwithstanding section 3341(b) of title 5, United States Code, a detail to a rotational cyber workforce position shall be for a period of not less than 180 days and not more than 1 year. The Chief Human Capital Officer of the agency to which an employee is detailed under the rotational cyber workforce program may extend the period of a detail described 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. The detail of an employee to a rotational cyber position shall be contingent upon the employee entering into a written service agreement with the employing agency under which the employee is required to complete a period of employment with the employing agency following the conclusion of the detail that is equal in length to the period of the detail. 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 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 regulation.