II 

115TH CONGRESS 

2D SESSION S. 2620 

To establish a Federal cyber joint duty program for cyber employees of 

Federal agencies. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Mr. PETERS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish a Federal cyber joint duty program for cyber 

employees of Federal agencies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Cyber Joint 

5 Duty Program Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given the term ‘‘Executive agency’’ under 

10 section 105 of title 5, United States Code. 


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1 (2) CYBER POSITION.—The term ‘‘cyber posi2 tion’’ means a position identified as having informa3 tion technology, cybersecurity, or other cyber-related 

4 functions under section 303 of the Federal Cyberse5 curity Workforce Assessment Act of 2015 (Public 

6 Law 114–113; 5 U.S.C. 301 note). 

7 (3) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the Office of Personnel Management. 

9 (4) EMPLOYEE.—The term ‘‘employee’’ has the 

10 meaning given that term in section 2105 of title 5, 

11 United States Code. 

12 (5) JOINT CYBER POSITION.—The term ‘‘joint 

13 cyber position’’ means a position that— 

14 (A) is a cyber position; 

15 (B) is in the competitive service (as de16 fined in section 2102 of title 5, United States 

17 Code) in an agency; and 

18 (C) that requires or provides experience 

19 with information technology, cybersecurity, or 

20 other cyber-related functions that relate to mul21 tiple agencies, as determined by the Director. 

22 (6) ROTATIONAL CYBER POSITION.—The term 

23 ‘‘rotational cyber position’’ means a joint cyber posi24 tion designated to be filled only as part of rotational 

25 service under section 4. 


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1 SEC. 3. JOINT CYBER POSITIONS. 

2 (a) PREPARATION OF LIST.—The Director, in con3 sultation with the heads of agencies, shall develop a list 

4 of joint cyber positions. 

5 (b) DESIGNATION FOR ROTATIONAL SERVICE.—The 

6 head of each agency may designate a joint cyber position 

7 in that agency as a rotational cyber position if the head 

8 of the agency determines it appropriate. 

9 (c) DISTRIBUTION OF LIST.—The Director shall an10 nually distribute an updated list of joint cyber positions 

11 to the head of each agency and other appropriate entities 

12 that includes— 

13 (1) the title, agency, and duty location for the 

14 joint cyber position; 

15 (2) whether the joint cyber position is a rota16 tional cyber position; and 

17 (3) whether the position is vacant or is expected 

18 to become vacant within a year. 

19 (d) COMPETITIVE APPOINTMENT.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the head of an agency shall make ap22 pointments to joint cyber positions (including rota23 tional cyber positions) in a fully open and competi24 tive manner that is consistent with the merit system 

25 principles set forth in paragraphs (1) and (2) of sec26 tion 2301(b) of title 5, United States Code. 


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1 (2) WAIVER.—The Director may waive the re2 quirements on appointments under paragraph (1). 

3 SEC. 4. ROTATIONAL SERVICE. 

4 (a) IN GENERAL.—An employee serving in a cyber 

5 position in an agency may submit an application for ap6 pointment to a rotational cyber position in that agency 

7 or another agency. 

8 (b) TERM.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), and notwithstanding section 3341 of title 

11 5, United States Code, an appointment to a rota12 tional cyber position shall be for a period of not less 

13 than 1 year and not longer than 3 years. 

14 (2) WAIVER.—The Chief Human Capital Offi15 cer of an agency may waive the limitation on the pe16 riod of an appointment under paragraph (1). 

17 (c) APPOINTMENT TO POSITIONS IN OTHER AGEN18 CIES.— 

19 (1) DETAIL ON A NONREIMBURSABLE BASIS.— 

20 Service by an employee in a rotational cyber position 

21 in an agency that is not the agency employing the 

22 employee— 

23 (A) shall constitute a detail of the em24 ployee from the agency employing the employee; 

25 and 


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1 (B) shall be performed without reimburse2 ment. 

3 (2) RETURN TO PRIOR POSITION.—An employee 

4 performing service in a rotational cyber position in 

5 an agency that is not the agency employing the em6 ployee shall be entitled to return to the position held 

7 by the employee in the agency employing the em8 ployee within a reasonable period of time after the 

9 end of the period of service. 

10 (d) PERSONNEL LAW MATTERS.—An employee per11 forming service in a rotational cyber position in an agency 

12 that is not the agency employing the employee shall have 

13 all the rights that would be available to the employee if 

14 the employee was detailed or appointed under a provision 

15 of law other than this Act from the agency employing the 

16 employee to the agency in which the rotational cyber posi17 tion is located. 

18 SEC. 5. REPORTING. 

19 The Director shall submit to the Committee on 

20 Homeland Security and Governmental Affairs of the Sen21 ate and the Committee on Oversight and Government Re22 form of the House of Representatives an annual report 

23 on the program under this Act, which shall include statis24 tics about the efficacy of the program, including— 


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1 (1) the number of joint cyber positions identi2 fied, by agency; 

3 (2) the number of rotational cyber positions 

4 designated by each agency; 

5 (3) the number of applicants for and employees 

6 appointed to a rotational cyber position, by agency; 

7 and 

8 (4) the number and identity of agencies that 

9 have 1 or more joint cyber positions in the agency 

10 and did not designate any positions in the agency as 

11 rotational cyber positions. 

Æ 


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