[Congressional Record Volume 167, Number 130 (Monday, July 26, 2021)]
[House]
[Pages H3875-H3877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL ROTATIONAL CYBER WORKFORCE PROGRAM ACT OF 2021
Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3599) to establish a Federal rotational cyber workforce
program for the Federal cyber workforce, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3599
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Rotational Cyber
Workforce Program Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code, except that the term does not include the
Government Accountability Office.
(2) Competitive service.--The term ``competitive service''
has the meaning given that term in section 2102 of title 5,
United States Code.
(3) Councils.--The term ``Councils'' means--
(A) the Chief Human Capital Officers Council established
under section 1303 of the Chief Human Capital Officers Act of
2002 (5 U.S.C. 1401 note); and
(B) the Chief Information Officers Council established
under section 3603 of title 44, United States Code.
(4) Cyber workforce position.--The term ``cyber workforce
position'' means a position identified as having information
technology, cybersecurity, or other cyber-related functions
under section 303 of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note).
(5) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(6) Employee.--The term ``employee'' has the meaning given
the term in section 2105 of title 5, United States Code.
(7) Employing agency.--The term ``employing agency'' means
the agency from which an employee is detailed to a rotational
cyber workforce position.
(8) Excepted service.--The term ``excepted service'' has
the meaning given that term in section 2103 of title 5,
United States Code.
(9) Rotational cyber workforce position.--The term
``rotational cyber workforce position'' means a cyber
workforce position with respect to which a determination has
been made under section 3(a)(1).
(10) Rotational cyber workforce program.--The term
``rotational cyber workforce program'' means the program for
the detail of employees among rotational cyber workforce
positions at agencies.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ROTATIONAL CYBER WORKFORCE POSITIONS.
(a) Determination With Respect to Rotational 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 workforce program, which shall not be
construed to modify the requirement under section 4(b)(3)
that participation 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 paragraph (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 assistance
from the Councils and the Secretary, shall develop a list of
rotational cyber workforce positions that--
(1) with respect to each such position, to the extent that
the information does not disclose sensitive 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 respect to the
position;
(D) the agency in which the position is located;
(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 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) Updating.--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) Requirements.--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) Program Requirements for Rotational Service.--
(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 application for detail to a rotational
cyber workforce position that appears on the list developed
under section 3(b).
[[Page H3876]]
(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 successor
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
consistent with the merit system principles under section
2301(b) of title 5, United States Code.
(B) Term.--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) Extension.--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) Written service agreements.--
(A) In general.--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) Other agreements and obligations.--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.
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 operation and
effectiveness of the rotational cyber workforce program,
which shall address, at a minimum--
(1) the extent to which agencies have participated in the
rotational cyber workforce program, including 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 participating agencies serve
in positions described in subparagraph (A); and
(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 description of how many such requests were approved; and
(2) the experiences of employees serving in rotational
cyber workforce positions under the rotational cyber
workforce program, including an assessment of--
(A) the period of service;
(B) the positions (including grade level and occupational
series or work level) held by employees 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 workforce position under the rotational
cyber workforce program achieved a higher skill level, or
attained a skill level in a different area, with respect to
information technology, cybersecurity, or other cyber-related
functions; and
(D) the extent to which service in rotational cyber
workforce positions has affected 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, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from
Pennsylvania (Mr. Keller) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and insert extraneous material on H.R. 3599.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to support H.R. 3599, the Federal Rotational
Cyber Workforce Program Act. This bill is the product of bipartisan
cooperation of our Oversight and Reform Committee members,
Representatives Ro Khanna and Nancy Mace, and I want to thank them for
their work on this bill.
Earlier this year, our committee held a hearing on the Government
Accountability Office's 2021 High-Risk Report, which details the areas
of government operations at greatest risk of failing to meet the
considerable challenges they face.
Cybersecurity was near the top of the list, along with the cyber
skills gap that persists across the Federal workforce. As the
Government Accountability Office report described, Federal agencies are
struggling to ensure that staff have the skills required to address the
critical cybersecurity risks and challenges that our government faces.
Recent cyberattacks have demonstrated the dire consequences of
failing to improve the Federal Government's cybersecurity operations.
These include the SolarWinds breach, in which Russian hackers
infiltrated the networks of nine Federal agencies and went undetected
for months.
Around the same time, cyberattacks linked to the Chinese government
targeted Microsoft's enterprise email software and threatened the
internal data of Federal agencies. In addition, Russian hackers
successfully breached the servers of the U.S. Department of State and
stole thousands of emails.
The Federal Rotational Cyber Workforce Program Act, as it is called,
would enable cybersecurity professionals in the Federal Government to
rotate through assignments outside of their regular position. This
would allow more agencies to benefit from their enterprise and give
program participants the opportunities for professional development.
The program would be authorized for 5 years and, after 3 years, the
Government Accountability Office would assess the operation and
effectiveness of the program.
This legislation would go a long way toward improving Federal
agencies' capacity to strengthen cybersecurity operations, help retain
top talent, and facilitate the exchange of expertise in this critical
field.
The security of Federal information technology systems and data is
essential to national security, to preserving public trust in
government institutions, and to ensuring that agencies meet their
missions in serving the American people.
I strongly support this bill, and I urge my colleagues to do the
same.
Mr. Speaker, I reserve the balance of my time.
Mr. KELLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Federal Government has significant work to do on the
cybersecurity front. My colleagues, Representatives Khanna and Mace,
recognized this harsh reality when crafting their bill to improve our
Federal workforce's cybersecurity and IT expertise.
We face many challenges, including adequately securing IT
infrastructure from cyber intrusions, supply chain hacks, and
ransomware, each the subject of recent front-page news.
Our cyber readiness depends, in part, upon our ability to maintain a
prepared and capable Federal workforce to defend our Nation's
government from a relentless onslaught of cyberattacks.
Toward that end, the Federal Rotational Cyber Workforce Program Act
continues efforts created and implemented during the Trump
administration to promote cyber rotational details throughout Federal
agencies so that our valuable Federal cyber experts continue to sharpen
their skills.
This bill seeks to codify an additional rotational opportunity for
cyber-focused professionals throughout the Federal Government.
Former President Trump's executive order, ``America's Cybersecurity
Workforce,'' established a mechanism for Federal employees to be
detailed to
[[Page H3877]]
other agencies through a cybersecurity rotational assignment program.
The Federal Rotational Cyber Workforce Program Act places management of
a similar type of program under the Office of Personnel Management.
Importantly, for oversight purposes, the bill establishes
requirements for a detailed operational plan and a report from the
Government Accountability Office to enable congressional oversight.
This will help Congress evaluate whether the rotational program is
running as intended and meaningfully addressing both personnel and
agency needs.
If this new rotational program is not providing the intended value to
the Federal Government, then Congress will have the opportunity to
decline reauthorizing the program after it sunsets in 5 years. This is
a valuable safety valve to the expansion of the Federal Government,
which I am glad to see included in this bill.
I thank my colleagues for their work on this bipartisan bill, which
builds upon the cyber workforce efforts of the prior administration.
Mr. Speaker, I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Khanna).
Mr. KHANNA. Mr. Speaker, I thank Delegate Norton for her leadership,
and I thank Ranking Member Comer for his leadership on the bill and, of
course, Representative Mace, who has been a colleague and helped craft
this.
Everyone recognizes that our country faces cyberattacks. In the
private sector, we don't silo cybersecurity officials. You don't say,
``You just work in one department.'' They rotate through a company. We
shouldn't have separate silos in the Federal Government.
This bill is just common sense. It says that we need to have a
rotational system in the Federal Government so that you can have
expertise from all the different agencies, and we can have a
comprehensive response. It helps us get talent. And it is bipartisan.
We should give credit to the previous administration for having, as
was pointed out, the executive order. I worked with Matt Lira at the
previous White House. There is nothing that is partisan about making
sure that America isn't attacked with cybercrimes and cyberattacks.
That is a bipartisan initiative, and this does build on the work they
did. It makes it stronger, and we put, ultimately, resources toward it.
But I am proud of the work. I am proud of working with Representative
Mace on it. Frankly, I think we ought to be doing more things in this
body in a bipartisan way that strengthen American security.
Mr. KELLER. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from South Carolina (Ms. Mace).
Ms. MACE. Mr. Speaker, today, I rise in support of H.R. 3599, the
Federal Rotational Cyber Workforce Program Act. It is a long title, but
it is a very good bill. I thank my colleague, Ro Khanna, for his
leadership.
Cybersecurity is national security, and this is one area where it is
not Democrat or Republican. When 11 Federal agencies were hacked last
year by an organization affiliated with Russia, they didn't care if you
had an R or a D by your name.
Imagine if, in the Federal Government, or at least a portion of the
Federal Government, we could work and operate more like a business than
a bureaucracy. Well, we can do that right here today with H.R. 3599.
I thank, again, Ro Khanna for his leadership and for allowing me the
opportunity to work together with him on this. This is the third bill I
have worked on that I hope will pass on the floor of the House tonight.
We have an opportunity to show tremendous leadership here today. I
have heard a number of my colleagues here this afternoon, Republicans
and Democrats, working together for the American people, putting the
American people first, and that is what we are doing.
Every day, criminal elements are attempting to steal our secrets,
disrupt our infrastructure, and damage our economy by extorting money
from businesses and organizations across the United States.
Most recently, in the State of South Carolina, we saw the high-
profile Colonial Pipeline hacking and attack. It is a reminder that
America's adversaries are creative and cunning and that our government
must be the same to combat this growing threat.
It is imperative that our government be able to obtain, train, and
retain the cyber and technology talent needed to counter these
sophisticated hackers across the globe. The Federal Rotational Cyber
Workforce Program Act will allow Federal employees to collaborate and
broaden their work experiences, their knowledge, and their skill sets
across Federal agencies, much in the same way their counterparts do in
the private sector.
I thank my colleagues today, Republicans and Democrats, and I urge
each and every one of them to vote in favor of this legislation this
evening.
Mr. KELLER. Mr. Speaker, I have no further speakers, and I am
prepared to close.
Mr. Speaker, it is important to improve the readiness of our Nation's
cyber workforce through the expansion of cyber rotations between our
Federal agencies. I encourage my colleagues to support this important
legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. NORTON. Mr. Speaker, I urge passage of H.R. 3599, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, H.R. 3599, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. GREENE of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________