H.R. 3599House117th Congress (2021-2023)Passed House

Federal Rotational Cyber Workforce Program Act of 2021

Sponsored by Ro KhannaRep. Ro Khanna (D-CA)
Introduced May 28, 2021

AI-Generated Summary

Updated February 8, 2026 at 3:49 AM UTC

The Federal Rotational Cyber Workforce Program Act creates a voluntary program that lets federal cyber employees rotate among designated cyber positions in different agencies. It aims to broaden skills, improve inter‑agency coordination, and keep employees’ pay and benefits intact. The program applies to all executive agencies with cyber workforce positions, except the GAO.

Key Provisions

  • Agency heads may designate cyber positions as eligible for rotation and must notify the Director of OPM of those designations.
  • The Director, with the Chief Human Capital Officers Council, the Chief Information Officers Council, and the Secretary of Homeland Security, compiles and annually distributes a list of eligible rotational cyber positions.
  • Within 270 days, the Director must issue an operation plan outlining policies, training, eligibility, performance measures, and reporting for the rotational program, with periodic updates allowed.
  • Employee participation is voluntary and requires approval from the employee’s employing agency; details are non‑reimbursable and last 180 days to 1 year, with a possible 60‑day extension.
  • After a detail, the employee returns to their original or an equivalent position with no loss of pay, seniority, or benefits, and receives performance evaluations coordinated between the employing and host agencies.
  • Employees detailed to a position must sign a written service agreement to work an equal period for their original agency after the detail ends.
  • The GAO must submit a report to Congress by the end of the third fiscal year after the operation plan is issued, assessing agency participation, employee experiences, skill gains, and inter‑agency integration.
  • The program expires five years after enactment.
  • The bill includes a PAYGO budget‑effects determination provision.

Legislative Activity

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13 earlier actions
SenateCalendars Latest Action

Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 343.

April 6, 2022

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HouseIntro Referral

Introduced in House

May 28, 2021

HouseIntro Referral

Referred to the House Committee on Oversight and Reform.

May 28, 2021

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 29, 2021

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.

June 29, 2021

HouseFloor

Ms. Norton moved to suspend the rules and pass the bill, as amended.

July 26, 2021 • 4:18 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3875-3877)

July 26, 2021 • 4:18 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3599.

July 26, 2021 • 4:18 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

July 26, 2021 • 4:30 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5525-5526)

September 29, 2021 • 2:03 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 15 (Roll no. 307).(text: CR 07/26/2021 H3875-3876)

September 29, 2021 • 2:19 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 15 (Roll no. 307). (text: CR 07/26/2021 H3875-3876)

September 29, 2021 • 2:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 29, 2021 • 2:19 PM

SenateIntro Referral

Received in the Senate.

September 30, 2021

SenateCalendars

Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 343.

April 6, 2022

Floor Debate

24 members

What members said about H.R. 3599 on the floor

12 Republicans12 Democrats
Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Feb 2, 2022

Mr. Speaker, I want to thank the gentleman for yielding. But more importantly, I want to thank him for his service to this country. After ignoring the China threat for years, House Democrats finally…

Brian Babin
Rep. Brian BabinR-TX-36 · Feb 2, 2022

Madam Speaker, I yield 2 minutes to the gentleman from Utah (Mr. Moore). Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Mrs. Cammack). Madam Speaker, I yield myself such time as I…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Feb 2, 2022

Madam Speaker, I thank the gentlewoman for her recognition. I want to recognize her as a great leader on the matter before us today. This legislation, the America COMPETES Act, is something that has…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 2, 2022

Madam Speaker, first of all, I think it is important to say how great it is to have an opportunity to create jobs and promote human rights at the same time, while respecting our fellow Americans,…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Feb 2, 2022

Mr. Speaker, pursuant to House Resolution 900, I call up the bill (H.R. 4521) to provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering…

Show 8 more
Michael Waltz
Rep. Michael WaltzR-FL-6 · Feb 2, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we are here today to discuss what House Democrats are now calling the America COMPETES Act, and frankly, it is a shame. It is a…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-18 · Feb 2, 2022

Madam Speaker, I thank the chairwoman who has done so much extraordinary work in leading the Science Committee and bringing this forward. Madam Speaker, I rise with great enthusiasm in support of…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Feb 2, 2022

Today, I think about when my four children were young. They are stair-stepped 2 years apart. They used to have competitions in the backyard. They would race from the patio to the elm tree and back.…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Feb 2, 2022

Mr. Speaker, I appreciate the gentleman yielding. I rise in strong opposition to this dangerous bill. This isn't just a missed opportunity to boost American competitiveness; it actually will set us…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Feb 2, 2022

Mr. Speaker, last year, the CCP's hypersonic weapons program successfully launched a missile that traveled all the way around the world. That program was built on the backbone of U.S. technology. And…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Feb 2, 2022

Mr. Speaker, I rise in strong support of the America COMPETES Act. Our country is home to some of the most cutting edge research, innovative discoveries, and unparalleled national laboratories in the…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · Feb 2, 2022

Madam Speaker, I am proud to join with Speaker Pelosi and my Democratic colleagues in support of the ``America COMPETES Act''--legislation that holds the promise of preserving America's place as a…

Andy Barr
Rep. Andy BarrR-KY-6 · Feb 2, 2022

Mr. Speaker, let's be clear, the so-called America COMPETES Act, is not about countering the threat from the Chinese Communist Party. It is a subterfuge intended to conceal what this legislation is…

Show 11 more
Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · May 10, 2022

Mr. Speaker, I move to suspend the rules and pass the bill (S. 1097) to establish a Federal rotational cyber workforce program for the Federal cyber workforce. Mr. Speaker, I ask unanimous consent…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Jul 26, 2021

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.…

Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · Feb 2, 2022

Madam Speaker, I rise today to express my strong opposition to H.R. 4521. This bill does nothing to counter the global threat posed by the Chinese Communist Party. This bill will not make our global…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Feb 2, 2022

Mr. Speaker, I stand in strong support of the America COMPETES Act, legislation that restores a strong and robust American manufacturing base that can outcompete any other nation. It will put us on…

Randy K. Weber, Sr.
Rep. Randy K. Weber, Sr.R-TX-14 · Feb 2, 2022

Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, when I testified before the Rules Committee yesterday on behalf of the Science, Space, and Technology Committee Republicans, I…

Madam Speaker, the America COMPETES Act makes landmark investments to ensure our people, research, innovation, and manufacturing remain competitive globally. The legislation includes several of my…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Feb 2, 2022

Mr. Speaker, I thank Chairwoman Johnson and House leadership for finding a path forward on this important bill. I am so pleased to see renewed enthusiasm for Federal scientific investment under this…

Fred Keller
Rep. Fred KellerR-PA-12 · Jul 26, 2021

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,…

Nancy Mace
Rep. Nancy MaceR-SC-1 · May 10, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the U.S. Government is under constant attack. We watch news story after news story of private companies being attacked by hackers…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-5 · Feb 2, 2022

Madam Speaker, I rise today in strong support of this bill. We find ourselves in a strategic competition with an increasingly assertive People's Republic of China. The PRC is trying to manipulate and…

Liz Cheney
Rep. Liz CheneyR-WY · Feb 2, 2022

Madam Speaker, I rise in support of my Amendment No. 45 that would prohibit the Secretary of the Interior from altering the designation of uranium as a critical mineral until completing a report…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued April 6, 2022

II

Calendar No. 343

117th CONGRESS

2d Session

H. R. 3599

IN THE SENATE OF THE UNITED STATES

September 30, 2021

Received

April 6, 2022

Read twice and placed on the calendar

AN ACT

To establish a Federal rotational cyber workforce program for the Federal cyber workforce, and for other purposes.

1.

Short title

This Act may be cited as the Federal Rotational Cyber Workforce Program Act of 2021.

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.

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.

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).

(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.

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.

6.

Sunset

Effective 5 years after the date of enactment of this Act, this Act is repealed.

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.

Passed the House of Representatives September 29, 2021.

Cheryl L. Johnson,

Clerk.

April 6, 2022

Read twice and placed on the calendar