[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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