[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3180 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3180

    To improve hiring and human resources flexibilities for Federal 
     agencies in geographic areas affected by unique situations or 
    circumstances, including remoteness, that cause recruitment and 
    retention challenges, and to provide agencies experiencing such 
  challenges with a toolkit of resources to overcome those challenges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2016

 Ms. Heitkamp introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To improve hiring and human resources flexibilities for Federal 
     agencies in geographic areas affected by unique situations or 
    circumstances, including remoteness, that cause recruitment and 
    retention challenges, and to provide agencies experiencing such 
  challenges with a toolkit of resources to overcome those challenges.

    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 ``Flexible Hiring and Improving 
Recruitment, Retention, and Education Act of 2016'' or the ``Flexible 
HIRE Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Federal agencies should take aggressive action to 
        respond to hiring and retention challenges in geographic areas 
        affected by a unique situation or circumstance, including when 
        such challenges develop from a need to fill positions or retain 
        employees due to the remoteness of the geographic area in 
        question;
            (2) to respond to such challenges, Federal agencies should 
        take advantage of all appropriate hiring and human resources 
        flexibilities, including special pay rates and recruitment, 
        relocation, and retention bonuses; and
            (3) both the Office of Personnel Management and all Federal 
        agencies have a significant responsibility to ensure that 
        hiring and human resources flexibilities are as accessible as 
        possible to Federal employees in geographic areas affected by a 
        unique situation or circumstance.

SEC. 3. COMPETITIVE SERVICE; EXAMINATIONS.

    Section 3304 of title 5, United States Code, is amended--
            (1) in subsection (a)(3)(B), by striking ``determined 
        that'' and all that follows through the period and inserting 
        the following: ``determined that--
                            ``(i) there exists a severe shortage of 
                        highly qualified candidates;
                            ``(ii) there is a critical hiring need; or
                            ``(iii) the positions are in a geographic 
                        area affected by a unique situation or 
                        circumstance that has directly and 
                        significantly affected recruitment and 
                        retention of employees in the area, in 
                        accordance with subsection (g).''; and
            (2) by adding at the end the following:
    ``(g) Recruitment and Retention Difficulties in Geographic Areas 
Affected by Unique Situations or Circumstances.--
            ``(1) Definition.--In this subsection, the term `geographic 
        area affected by a unique situation or circumstance' means an 
        area within the continental United States in which the 
        recruitment and retention of Federal employees has become a 
        severe challenge for an agency as the direct result of a 
        dramatic economic development, hardship, or other relevant 
        situation, including remoteness, that has a substantial impact 
        on the area.
            ``(2) Demonstration of recruitment and retention 
        difficulties.--An agency may demonstrate that a geographic area 
        is affected by a unique situation or circumstance that has 
        directly and significantly affected recruitment and retention 
        of employees in the area by--
                    ``(A) providing evidence--
                            ``(i) that the agency is unable to 
                        efficiently and effectively recruit employees 
                        for positions, which may be demonstrated by 
                        various types of evidence, including evidence 
                        that multiple positions have been continuously 
                        vacant for significantly longer than the 
                        national average period for which similar 
                        positions in the Federal Government are vacant;
                            ``(ii) that the agency experiences a 
                        consistent inability to retain employees that 
                        negatively impacts agency operations at a local 
                        or regional level;
                            ``(iii) that the agency is unable to 
                        recruit and retain qualified candidates due to 
                        the remoteness of the geographic area, which 
                        remoteness may be demonstrated in the same 
                        manner as remoteness from the nearest local 
                        infrastructure is demonstrated under section 
                        5942(b); or
                            ``(iv) of any other inability that the 
                        Office determines sufficient; and
                    ``(B) meeting any other criteria established by the 
                Office.
            ``(3) Prioritization of hiring veterans.--If an agency uses 
        the direct hiring authority under subsection (a)(3)(B)(iii), 
        the agency shall work to prioritize the hiring of veterans by 
        following the principles contained in part 307 of title 5, Code 
        of Federal Regulations, or any successor regulation, regarding 
        the appointment of qualified veterans to the competitive 
        service.''.

SEC. 4. SPECIAL PAY AUTHORITY.

    Section 5305(b)(4) of title 5, United States Code, is amended by 
striking ``any other circumstances which'' and inserting ``any other 
circumstances, including the location of a position in a geographic 
area affected by a unique situation or circumstance that has directly 
and significantly affected recruitment and retention of employees in 
the area (as described in section 3304(a)(3)(B)(iii)), that''.

SEC. 5. RECRUITMENT AND RELOCATION BONUSES.

    Section 5753(b)(1) of title 5, United States Code, is amended by 
striking ``bonus'' and inserting the following: ``bonus, including a 
position in a geographic area affected by a unique situation or 
circumstance that has directly and significantly affected recruitment 
and retention of employees in the area (as described in section 
3304(a)(3)(B)(iii))''.

SEC. 6. RETENTION BONUSES.

    Section 5754(b)(2) of title 5, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting the following: ``, including if the employee 
        would be likely to leave for a similar position in the Federal 
        service in a different duty location, or request and be granted 
        a reassignment to a different duty location within the agency, 
        because of the challenging circumstances of remaining in a 
        position in a geographic area affected by a unique situation or 
        circumstance that has directly and significantly affected 
        recruitment and retention of employees in the area (as 
        described in section 3304(a)(3)(B)(iii)); or''; and
            (3) by adding at the end the following:
                    ``(C) the Federal service or for a different 
                position in the Federal Service because of the 
                challenging circumstances of remaining in a position in 
                a geographic area affected by a unique situation or 
                circumstance that has directly and significantly 
                affected recruitment and retention of employees in the 
                area (as described in section 3304(a)(3)(B)(iii)).''.

SEC. 7. ALLOWANCE BASED ON DUTY AT REMOTE WORKSITES.

    Section 5942 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following: ``Commuting Factors.--
            ``(1)  In general.--Notwithstanding'';
                    (B) in paragraph (1), as so designated, by striking 
                ``of not to exceed $10 a day'' and all that follows and 
                inserting the following: ``for the cost of the commute 
                at a mileage reimbursement rate prescribed by the 
                Director of the Office of Personnel Management under 
                paragraph (2)''; and
                    (C) by adding at the end the following:
            ``(2) OPM regulations.--For purposes of paragraph (1), the 
        Director of the Office of Personnel Management shall prescribe 
        by regulation a mileage reimbursement rate that is equivalent, 
        to the maximum extent practicable, to the mileage reimbursement 
        rate for privately owned automobiles prescribed by the 
        Administrator of General Services under section 5707(b)(2).''; 
        and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Non-Commuting Factors.--
            ``(1) In general.--Notwithstanding section 5536 of this 
        title, an employee of an Executive department or an independent 
        establishment who is assigned to duty, except temporary duty, 
        at a site so remote from the nearest local infrastructure as to 
        require an appreciable degree of expense, hardship, and 
        inconvenience, beyond that normally encountered in metropolitan 
        life, on the part of the employee, is entitled, in addition to 
        pay otherwise due the employee, to an allowance in an amount 
        not to exceed the necessary amount per day, as determined by 
        the agency that employs the employee in accordance with 
        paragraph (2) of this subsection.
            ``(2) Determination of necessary amount; opm approval.--
                    ``(A) Determination of necessary amount.--In 
                determining the necessary amount of an allowance under 
                paragraph (1), an agency shall consider the factors 
                considered by the Director of the Office of Personnel 
                Management under subpart B of part 591 of title 5, Code 
                of Federal Regulations.
                    ``(B) OPM approval.--An agency may not pay an 
                allowance under paragraph (1) unless the Director of 
                the Office of Personnel Management approves the amount 
                of the allowance.
            ``(3) Definition of local infrastructure.--For purposes of 
        this subsection, the term `local infrastructure' means--
                    ``(A) established communities;
                    ``(B) suitable places of residence, including 
                sufficient affordable housing choices;
                    ``(C) amenities and services, including medical 
                care, child care and schools, and employment options 
                for spouses;
                    ``(D) consumer goods and services; or
                    ``(E) other local infrastructure as determined by 
                the Director of the Office of Personnel Management.''.

SEC. 8. OFFICE OF PERSONNEL MANAGEMENT AND OTHER AGENCY MANDATES.

    (a) In General.--Subpart I of part III of title 5, United States 
Code, is amended by adding at the end the following:

        ``CHAPTER 103--HIRING AND HUMAN RESOURCES FLEXIBILITIES

``Sec.
``10301. Definitions.
``10302. Office of Personnel Management mandates.
``10302. Agency mandates.
``Sec. 10301. Definitions
    ``In this chapter--
            ``(1) the term `Chief Human Capital Officer' means--
                    ``(A) the Chief Human Capital Officer of an agency 
                designated or appointed under section 1401; or
                    ``(B) the equivalent;
            ``(2) the term `Director' means the Director of the Office;
            ``(3) the term `geographically related hiring and human 
        resources flexibilities' means hiring and human resources 
        flexibilities that an agency is authorized to exercise with 
        respect to a position in a geographic area affected by a unique 
        situation or circumstance that directly and significantly 
        affects the ability of the agency to recruit and retain 
        employees, including under--
                    ``(A) section 3304(a)(3)(B)(iii);
                    ``(B) section 5305;
                    ``(C) section 5753;
                    ``(D) section 5754;
                    ``(E) section 5942(b); and
                    ``(F) any other provision of law that the Director 
                determines appropriate;
            ``(4) the term `hiring and human resources flexibilities' 
        means authority, relating to appointments, compensation 
        (including bonuses, allowances, and other types of 
        compensation), leave, telework, or other incentives, that an 
        agency is authorized to exercise for a position with respect to 
        which the agency has had difficulty recruiting and retaining 
        employees; and
            ``(5) the term `Office' means the Office of Personnel 
        Management.
``Sec. 10302. Office of Personnel Management mandates
    ``(a) Permanent Working Group.--
            ``(1) Establishment.--The Director shall establish a 
        permanent hiring working group (referred to in this section as 
        the `working group') in the Office to help agencies prepare and 
        deal with geographic areas that are affected by a unique 
        situation or circumstance, including remoteness, that directly 
        and significantly affects the ability of the agencies to 
        recruit and retain employees.
            ``(2) Duty.--The working group shall continuously examine--
                    ``(A) hiring flexibilities;
                    ``(B) worksite designations;
                    ``(C) the application process;
                    ``(D) specific pay flexibilities for hiring and 
                retention;
                    ``(E) workforce and succession planning; and
                    ``(F) other issues related to recruitment and 
                retention.
            ``(3) Consultation.--In carrying out its duties under this 
        section, the working group shall consult with outsider 
        stakeholder and Federal employee groups, as necessary.
    ``(b) Exercise of Geographically Related Hiring and Human Resources 
Flexibilities.--If the Director determines that an agency is eligible 
to exercise geographically related hiring and human resources 
flexibilities, the Director shall--
            ``(1) designate not less than 1 person from the working 
        group to be the point person in the Office for each unique 
        situation or circumstance to--
                    ``(A) directly manage the challenges that the 
                agency faces as a result of the unique situation or 
                circumstance in the applicable geographic area;
                    ``(B) develop strategies through which solutions 
                developed for the agency can be shared with and 
                utilized by other agencies that face potentially 
                similar situations or circumstances;
                    ``(C) guide the working group in addressing the 
                challenges in the applicable geographic area; and
                    ``(D) provide leadership regarding individual roles 
                for members of the working group;
            ``(2) provide guidance and recommendations to the agency 
        regarding how to improve the hiring process, including through 
        the USA Jobs Internet website, so that applicants for positions 
        can be moved through the process as expeditiously as possible 
        to alleviate recruitment and retention problems as soon as 
        possible; and
            ``(3) streamline the implementation of geographically 
        related human resources flexibilities so that the recruitment, 
        retention, and relocation efforts of the agency are as 
        expeditious and effective as possible.
    ``(c) Strategy for Improving Application Process for Hiring 
Flexibilities.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the Director establishes the working group, the 
        working group shall submit to the Director a strategy that 
        contains recommendations on how to improve the application 
        process for agency use of hiring and human resources 
        flexibilities, including--
                    ``(A) special pay rates;
                    ``(B) recruitment, retention, and relocation 
                bonuses; and
                    ``(C) recruitment and hiring strategies.
            ``(2) Study.--In preparing the strategy under paragraph 
        (1), the working group shall examine how to improve the ability 
        of agencies to access the flexibilities described in that 
        paragraph in a timely fashion to meet critical human resource 
        challenges, including when a geographic area is affected by a 
        situation or circumstance that directly and significantly 
        affects the ability of an agency to recruit and retain 
        employees.
            ``(3) Recommendations.--The working group may, as needed, 
        develop recommendations for Congress regarding appropriate 
        legislative changes, including changes to existing hiring and 
        human resources flexibilities (including geographically related 
        hiring and human resources flexibilities), needed to improve 
        the ability of agencies to meet their hiring and retention 
        needs.
            ``(4) Updates to strategy.--
                    ``(A) In general.--The working group shall update 
                the strategy required under paragraph (1) and develop 
                new recommendations if the Director determines that the 
                strategy needs to be updated.
                    ``(B) Consultation.--In determining whether the 
                strategy required under paragraph (1) needs to be 
                updated, the Director may consult with the heads of 
                other agencies.
    ``(d) Education.--The Director shall improve education regarding 
hiring and human resources flexibilities (including geographically 
related hiring and human resources flexibilities) for all agencies by--
            ``(1) conducting not less than 1 annual training session 
        for the Chief Human Capital Officer of each agency and 
        employees of that officer; and
            ``(2) in coordination with the Chief Human Capital Officers 
        Council, developing training and educational materials on 
        Government-wide hiring and human resources flexibilities for 
        employees of each agency who are involved in recruitment, 
        hiring, assessment, or selection of candidates.
    ``(e) Evaluation.--
            ``(1) In general.--The Director shall evaluate, on an 
        annual basis, the extent to which training conducted directly 
        by the Office and by agencies has improved the hiring and 
        retention ability of agencies that face unique situations or 
        circumstances that impact hiring and retention.
            ``(2) Information.--The evaluation conducted under 
        paragraph (1) shall include--
                    ``(A) any reduction in the time taken by agencies 
                to fill mission-critical positions in geographic areas 
                facing unique situations or circumstances;
                    ``(B) the quality of new hires, including the 
                satisfaction of hiring managers with new hires, within 
                1 year of filling a position; and
                    ``(C) other information the Director determines 
                relevant.
``Sec. 10303. Agency mandates
    ``(a) In General.--If a geographic area is affected by a unique 
situation or circumstance that directly affects the ability of an 
agency to recruit and retain employees, including situations or 
circumstances where the remote location of a position significantly 
impacts the ability of an agency to recruit or retain employees, the 
agency shall--
            ``(1) take action to mitigate the challenge in a timely 
        fashion, including by creating pilot programs or other 
        programs, if appropriate, to increase the number of new 
        employees who are placed in that geographic area;
            ``(2) not later than 180 days after the date on which the 
        Director determines that the agency is eligible to exercise 
        geographically related human resources flexibilities, implement 
        any pilot program created under paragraph (1);
            ``(3) examine existing agency programs to determine how 
        to--
                    ``(A) most effectively aide spouses and families of 
                affected agency employees; and
                    ``(B) develop a strategy to aide those spouses and 
                families; and
            ``(4) enhance targeted recruiting efforts by building 
        relationships with local colleges and universities, veterans 
        transition and employment centers, and job placement programs 
        in the area.
    ``(b) Education.--An agency shall conduct annual training sessions 
for employees of the agency on hiring and human resources flexibilities 
(including geographically related hiring and human resources 
flexibilities), of which the Chief Human Capital Officer of the agency 
or a designee shall conduct not less than 2 training sessions for each 
employee of the agency serving in agency headquarters or field offices 
involved in the recruitment, hiring, assessment, or selection of 
candidates.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part III of title 5, United States Code, is amended by inserting after 
the item relating to chapter 102 the following:

``103. Human resources flexibilities........................   10301''.

SEC. 9. CENTRALIZED INTERNSHIP DATABASE.

    Section 3111a of title 5, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Centralized Database.--The Office of Personnel Management 
shall establish and maintain a centralized electronic database that 
contains the names, contact information, and relevant skills of 
individuals who--
            ``(1) have completed or are nearing completion of an 
        internship program; and
            ``(2) are seeking full-time Federal employment.''.
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