[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5255 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5255
To amend the Homeland Security Act of 2002 to establish a Department of
Homeland Security Reserve Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2018
Mr. Carson of Indiana introduced the following bill; which was referred
to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish a Department of
Homeland Security Reserve Service, and for other purposes.
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 ``Department of Homeland Security
Reserve Service Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Components within the Department of Homeland Security
face personnel shortages related to hiring processes, retention
of employees, and surges in need.
(2) In response to the devastation caused by Hurricane
Harvey, Hurricane Irma, Hurricane Jose, and Hurricane Maria,
the Federal Emergency Management Agency has deployed thousands
of their temporary on-call reservists and specialized Cadre On-
Call Response/Recovery (CORE) workforces.
(3) In 2017, the Director of the United States Secret
Service asked Congress to increase federally mandated caps on
salary and overtime for the agency. At the time of the request,
more than 1,000 agents had worked numerous, uncompensated hours
of overtime. The Director cited a protracted presidential
campaign, a large first family, ongoing personnel shortages,
and increasing demands in investigative missions as having
strained the organization.
(4) In 2015, the Committee on Oversight and Government
Reform of the House of Representatives issued bipartisan report
documenting the Secret Service as understaffed, overburdened,
and ``in crisis''. The agency has posted announcements to hire
annuitants for the position of investigator to help mitigate
shortages in their investigative mission.
(5) In 2016, Congress approved a request from the
Transportation Security Administration to hire new officers and
pay overtime to ease travel disruptions and increase security.
(6) The Transportation Security Administration 2017 budget
request calls for the first Federal Air Marshal class since
2011.
(7) In 2017, Customs and Border Protection and Immigration
and Customs Enforcement initiated a hiring surge. The Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
extended the temporary authority for agency heads (including
the Secretary of Homeland Security) to grant dual compensation
waivers for certain part-time, temporary reemployed annuitants
through December 2019. Dual compensation waivers allow
reemployed annuitants to receive an unreduced salary while
concurrently receiving their full pension benefit. U.S. Customs
and Border Protection is currently making use of this dual
compensation waiver authority in efforts to rehire retired
Customs and Border Protection officers as reemployed annuitants
to support recruitment and training efforts.
(b) Sense of Congress.--It is the sense of Congress that by
establishing a reserve service comprised of skilled, ready-to-work
former employees, components of the Department of Homeland Security can
better mitigate personnel shortages and meet emergent demands without
unnecessarily recruiting, hiring, and training new permanent employees.
(c) Purpose.--The purpose of this Act is to establish a reserve
service to assist the Department of Homeland Security in maintaining a
skilled, ready-to-work pool for performing non-continuous duties of
investigation, patrol, response, security, protection, recovery, and
inspection. The reserve service capitalizes on investments in human
capital, providing for efficient and effective service to agency
stakeholders. The reserve service is for temporary needs and shall not
be used to supplant new hires.
SEC. 3. DEPARTMENT OF HOMELAND SECURITY RESERVE SERVICE.
(a) In General.--Title VII of the Homeland Security Act of 2002 is
amended by adding at the end the following new section:
``SEC. 708. DEPARTMENT OF HOMELAND SECURITY RESERVE SERVICE.
``(a) Establishment.--The Secretary of Homeland Security may
establish a Homeland Security Reserve Service (hereinafter referred to
as the `Reserve Service') in each covered component of the Department,
which shall provide for the temporary employment of former employees of
the covered component and the temporary reemployment of annuitants of
the covered component to stand ready to mobilize during elevated
demands for, or critical shortages of, personnel and in times of
crisis. The Secretary shall develop and implement an expedited process
for hiring such employees and shall not use a competitive process.
``(b) Covered Components.--In this section, a covered component is
any of the following:
``(1) U.S. Customs and Border Protection.
``(2) U.S. Immigration and Customs Enforcement.
``(3) The Transportation Security Administration.
``(4) The United States Secret Service.
``(5) The Federal Protective Service of the National
Protection and Programs Directorate.
``(c) Employees.--
``(1) Selection.--The Secretary shall offer employment or
reemployment under the Reserve Service to individuals who--
``(A) previously served as employees of the
Department whose prior experience and training
qualifies them for investigative, inspection, response
and patrol, security and protective, or advisory duties
as required;
``(B) are citizens of the United States; and
``(C) the Secretary determines are fit to hold the
position in the Reserve Service, including with respect
to health, character, knowledge, and ability.
``(2) Service.--An individual who is employed or reemployed
under this section may be employed on a full-time or part-time
basis. The period of such employment or reemployment may not
exceed one year for each assignment for which the individual is
called into service.
``(3) Pay.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), an individual who is a
member of the Reserve Service shall not be compensated
except for periods during which the individual performs
active service in the Reserve Service. For any period
during which such an individual is not performing such
service, the individual shall be an employee of the
Department in a non-duty, non-pay status.
``(B) Coordination and training.--Except as
specifically authorized by the Secretary, in addition
to compensation provided under subparagraph (A), an
individual who is a member of the Reserve Service may
be compensated for--
``(i) not more than 80 hours per year for
coordination activities with the Reserve
Service; and
``(ii) not more than 80 hours per year
while completing mandatory training.
``(C) Employment-related activities.--In addition
to compensation under subparagraphs (A) and (B), an
individual who is a member of the Reserve Service shall
be compensated for the performance of employment-
related activities that are time-consuming and required
for employment or continued employment. For purposes of
this subparagraph, the term `time consuming' means
requiring more than 15 minutes of time.
``(D) Amount.--The amount of compensation payable
under subparagraphs (A), (B), and (C) shall be
determined by the head of each covered component in
consultation with appropriate human capital managers.
``(4) Benefits.--An individual who is employed or
reemployed under this section shall not be eligible for any
Federal benefits by reason of such employment or reemployment.
Time employed in a position under this section shall not count
toward competitive status, career tenure, or, consistent with
subsection (d), any additional benefits provided under chapter
83 or 84 of title 5, United States Code.
``(5) Number of personnel.--
``(A) In general.--The employment or reemployment
of individuals by a covered component under this
section shall not--
``(i) supplant the hiring of new employees
by the component;
``(ii) result in the elimination of any
full-time or part-time position of employment
at the component; or
``(iii) force an employee out of a position
held by that employee so that the employee can
be employed or reemployed under this section.
``(B) Oversight.--The Inspector General of the
Department shall--
``(i) provide oversight to ensure the
covered components comply with subparagraph
(A); and
``(ii) report to Congress any suspected
malfeasance or violation of subparagraph (A).
``(6) Preference in hiring.--No individual shall receive a
preference in hiring or employment in any position in any
Federal department or agency by reason of the employment or
reemployment of the individual under this section.
``(7) Applicability of ethics laws.--All Federal laws and
Department regulations and standards of conduct relating to
ethics shall apply with respect to an individual who is
employed or reemployed under this section in the same manner as
a full-time employee of the Department.
``(d) Annuitants.--
``(1) In general.--If an annuitant becomes temporarily
reemployed pursuant to this section, such annuity shall not be
discontinued thereby. Subsection (c)(4) shall not be construed
to effect any Federal benefits that such an annuitant is
entitled to by virtue of employment in the civil service prior
to reemployment under this section.
``(2) Dual compensation waiver.--The Secretary may provide
dual compensation waivers for reemployed annuitants.
``(e) No Impact on Personnel Ceiling.--Reserve Service members
employed on a temporary basis pursuant to this section shall not count
against any personnel ceiling applicable to the Department or any
component of the Department.
``(f) Expenses.--The Secretary may provide members of the Reserve
Service transportation and per diem in lieu of subsistence, in
accordance with applicable provisions of this Act and title 5, United
States Code, for the purpose of participating in any training that
relates to service as a member of the Reserve Service.
``(g) Limitation.--
``(1) In general.--Except as provided in paragraph (2), not
more than 1,000 individuals may be employed in the Reserve
Service at any given time, to be divided across covered
components as determined by the Secretary.
``(2) Waiver.--The Secretary may waive the limitation under
paragraph (1) for a period of not more than 90 days.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 707
the following new item:
``708. Department of Homeland Security Reserve Service.''.
(c) Implementation.--
(1) Implementation deadline.--The Secretary of Homeland
Security shall ensure that each covered component of the
Department of Homeland Security begins to formally initiate
policy, regulatory, and personnel action to carry out section
708 of the Homeland Security Act of 2002, as added by
subsection (a), by not later than 180 days after the date of
the enactment of this Act.
(2) Extension authority.--
(A) In general.--If the Secretary determines it
necessary, the Secretary may provide an extension to a
covered component with respect to the implementation
deadline under paragraph (1) for a period of not more
than 180 days. No such component may receive more than
two extensions under this paragraph.
(B) Notice to congress.--If the Secretary provides
an extension under this paragraph to a covered
component, the Secretary shall submit to Congress
notice of such extension and the justification for
providing such extension.
(C) Failure to implement.--If any covered component
receives two extensions under this paragraph and fails
to begin implementation of such section 708, the
Secretary shall appear before the appropriate
committees of Congress to provide an explanation for
such failure.
(3) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the plan of the Secretary for fully
implementing such section 708. Such report shall include the
plan of the Secretary--
(A) for creating position descriptions with
sufficient flexibility to utilize the full range of a
reservist's skill set;
(B) for outlining the processes for calling
reservists into service;
(C) for determining pay scale for each position,
with maximum total annual pay not to exceed the GS-15
level;
(D) for developing a training plan outlining how
employees will train and maintain standards and
certifications necessary to their reserve position;
(E) for determining a base rate of pay made to all
reservists not called into service, regardless of pay
scale determined under subparagraph (C), for attending
training to maintain skills or acquire skills
immediately prior to knowingly being called into
service;
(F) for releasing any individuals who do not meet
the training or certification standards established for
their positions; and
(G) for outlining requirements for non-conflicting
obligations of reemployed annuitants and when the
component has a right to terminate someone from the
pool or while working in reserve service capacity.
(d) Certification.--
(1) Initial certification.--Not later than 180 days after
the submittal of the report under subsection (c)(3), the
Secretary shall certify to Congress that--
(A) each covered component has a sufficient number
of reserve personnel in the Reserve Service under such
section 708 who are ready to be called into service in
response to immediate and short-term requirements; or
(B) the Secretary has provided an extension to a
covered component pursuant to subsection (c)(2).
(2) Final certification.--Not later than 180 days after the
Secretary provides the certification required under paragraph
(1), the Secretary shall certify to Congress that--
(A) each covered component has completed the
implementation of the Reserve Service under such
section 708; or
(B) the Secretary has provided an extension to a
covered component pursuant to subsection (c)(2).
(e) Waiver Authority.--After the date that is five years after the
submission of the final certification under subsection (d)(2), the
Secretary may waive the requirements of such section 708 for any period
of time if the Secretary submits to Congress notice of the waiver by
not later than 180 days before the date on which the waiver takes
effect.
(f) Annual Report.--Not later than one year after the date on which
the final certification is submitted under subsection (d)(2), and
annually thereafter for each of the subsequent five years, the
Secretary shall submit to Congress a detailed report on the
administration of the reserve service during the 12-month period
preceding the date of the submittal of the report. Each report shall
include, for the period covered by the report, each of the following:
(1) A discussion of any changes to the process used to
recruit, assess and hire Reserve Service personnel.
(2) A discussion of critical needs areas in the Reserve
Service and how the Secretary or component plans to fill them,
including plans to recruit and retain employees in the
positions.
(3) Any actions taken to fulfill such critical need areas.
(4) A description of any new positions created for the
reserve service along with demonstrated need for such
positions.
(5) The number of personnel onboarded or released from the
Reserve Service.
(6) A discussion of training provided to reservists and
identification of additional training and resource needs.
(7) A discussion and description of Reserve Service
activations the circumstances under which such activations were
made.
(8) A projection of new activations or maintained
activations for the 12-month period beginning on the date of
the submission of the report and explanations for such
projection.
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