Title 5 — Government Organization and EmployeesRelease 119-73not60

§4 Rotational Cyber Workforce Program.

Title 5 › Part III— EMPLOYEES › Subpart B— Employment and Retention › Chapter 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter III— DETAILS, VACANCIES, AND APPOINTMENTS › § 4

Last updated Apr 3, 2026|Official source

Summary

The Director must make and publish a plan for a Federal Rotational Cyber Workforce Program within 270 days after June 21, 2022, and can update it later. The plan must name which agencies can take part and explain how the program will work. It must cover training, any qualifications to join, how performance will be measured and reported, and how the program will be evaluated (including exit surveys). Joining must be voluntary, and an employee may participate only with approval from their agency head or a designee. Details to rotational jobs will not be reimbursed. Agencies may work together so a worker’s old job can be covered while they are on detail. The plan must say that when the detail ends the employee can return to their old job or an equal one with no loss of pay, seniority, or benefits. The employee’s home agency keeps control over assignments. If an employee is detailed to a different agency, they get the same rights they would have under other law. Participation does not change an employee’s conditions of employment. Performance reviews for the detail must be prepared by the home agency in coordination with the host agency, follow objectives in the plan, and consider the employee’s contribution to the host agency. Employees in cyber positions may apply for listed rotational jobs with their agency head’s approval. Excepted service employees can only move into competitive service rotational jobs with prior OPM approval. Selection must follow merit system rules. Details must last at least 180 days and no more than 1 year, but the host agency’s Chief Human Capital Officer may extend a detail 60 days unless the home agency’s Chief Human Capital Officer objects. Details require a written service agreement that the employee will work for their home agency after the detail for a period equal to the detail. The agreement does not replace any other service agreement the employee already has.

Full Legal Text

Title 5, §4

Government Organization and Employees — Source: USLM XML via OLRC

“(a)“(1)Not later than 270 days after the date of enactment of this Act [June 21, 2022], and in consultation with the Councils, the Secretary, representatives of other agencies, and any other entity as the Director determines appropriate, the Director 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, which may be incorporated into and implemented through mechanisms in existence on the date of enactment of this Act.

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

“(b)The operation plan developed and issued under subsection (a) shall, at a minimum—

“(1)identify agencies for participation in the rotational cyber workforce program;

“(2)establish procedures for the rotational cyber workforce program, including—

“(A)any training, education, or career development requirements associated with participation in the rotational cyber workforce program;

“(B)any prerequisites or requirements for participation in the rotational cyber workforce program; and

“(C)appropriate rotational cyber workforce program performance measures, reporting requirements, 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 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;

“(5)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;

“(6)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;

“(7)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 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 employing agency of the employee;

“(9)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;

“(10)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

“(11)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—

“(A)prepared by an appropriate officer, supervisor, or management official of the employing agency, acting in coordination with the supervisor at the agency in which the employee is performing service in the rotational cyber workforce 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 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.

“(c)“(1)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).

“(2)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 successor thereto.

“(3)“(A)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.

“(B)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.

“(C)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.

“(4)“(A)The detail of an employee to a rotational cyber workforce 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.

“(B)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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 4

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60