[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2620 Introduced in Senate (IS)]

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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.

    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 Cyber Joint Duty Program Act 
of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' under section 105 of title 5, United 
        States Code.
            (2) Cyber position.--The term ``cyber 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 (Public Law 114-113; 5 U.S.C. 301 note).
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (4) Employee.--The term ``employee'' has the meaning given 
        that term in section 2105 of title 5, United States Code.
            (5) Joint cyber position.--The term ``joint cyber 
        position'' means a position that--
                    (A) is a cyber position;
                    (B) is in the competitive service (as defined in 
                section 2102 of title 5, United States Code) in an 
                agency; and
                    (C) that requires or provides experience with 
                information technology, cybersecurity, or other cyber-
                related functions that relate to multiple agencies, as 
                determined by the Director.
            (6) Rotational cyber position.--The term ``rotational cyber 
        position'' means a joint cyber position designated to be filled 
        only as part of rotational service under section 4.

SEC. 3. JOINT CYBER POSITIONS.

    (a) Preparation of List.--The Director, in consultation with the 
heads of agencies, shall develop a list of joint cyber positions.
    (b) Designation for Rotational Service.--The head of each agency 
may designate a joint cyber position in that agency as a rotational 
cyber position if the head of the agency determines it appropriate.
    (c) Distribution of List.--The Director shall annually distribute 
an updated list of joint cyber positions to the head of each agency and 
other appropriate entities that includes--
            (1) the title, agency, and duty location for the joint 
        cyber position;
            (2) whether the joint cyber position is a rotational cyber 
        position; and
            (3) whether the position is vacant or is expected to become 
        vacant within a year.
    (d) Competitive Appointment.--
            (1) In general.--Except as provided in paragraph (2), the 
        head of an agency shall make appointments to joint cyber 
        positions (including rotational cyber positions) in a fully 
        open and competitive manner that is consistent with the merit 
        system principles set forth in paragraphs (1) and (2) of 
        section 2301(b) of title 5, United States Code.
            (2) Waiver.--The Director may waive the requirements on 
        appointments under paragraph (1).

SEC. 4. ROTATIONAL SERVICE.

    (a) In General.--An employee serving in a cyber position in an 
agency may submit an application for appointment to a rotational cyber 
position in that agency or another agency.
    (b) Term.--
            (1) In general.--Except as provided in paragraph (2), and 
        notwithstanding section 3341 of title 5, United States Code, an 
        appointment to a rotational cyber position shall be for a 
        period of not less than 1 year and not longer than 3 years.
            (2) Waiver.--The Chief Human Capital Officer of an agency 
        may waive the limitation on the period of an appointment under 
        paragraph (1).
    (c) Appointment to Positions in Other Agencies.--
            (1) Detail on a nonreimbursable basis.--Service by an 
        employee in a rotational cyber position in an agency that is 
        not the agency employing the employee--
                    (A) shall constitute a detail of the employee from 
                the agency employing the employee; and
                    (B) shall be performed without reimbursement.
            (2) Return to prior position.--An employee performing 
        service in a rotational cyber position in an agency that is not 
        the agency employing the employee shall be entitled to return 
        to the position held by the employee in the agency employing 
        the employee within a reasonable period of time after the end 
        of the period of service.
    (d) Personnel Law Matters.--An employee performing service in a 
rotational cyber position in an agency that is not the agency employing 
the employee shall have all the rights that would be available to the 
employee if the employee was detailed or appointed under a provision of 
law other than this Act from the agency employing the employee to the 
agency in which the rotational cyber position is located.

SEC. 5. REPORTING.

    The Director shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Oversight and 
Government Reform of the House of Representatives an annual report on 
the program under this Act, which shall include statistics about the 
efficacy of the program, including--
            (1) the number of joint cyber positions identified, by 
        agency;
            (2) the number of rotational cyber positions designated by 
        each agency;
            (3) the number of applicants for and employees appointed to 
        a rotational cyber position, by agency; and
            (4) the number and identity of agencies that have 1 or more 
        joint cyber positions in the agency and did not designate any 
        positions in the agency as rotational cyber positions.
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