,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #ebee ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjah,mr4 ,carson of ,indiana introduced the following bill2 which was referred to the ,committee on ,homeland ,security ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to establish a ,department of ,homeland ,security ,reserve ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,department of ,homeland ,security ,reserve ,service ,act4 #b4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,components within the ,department of ,homeland ,security face personnel shortages related to hiring processes1 retention of employees1 and surges in need4 7#b7 ,in response to the devastation caused by ,hurricane ,harvey1 ,hurricane ,irma1 ,hurricane ,jose1 and ,hurricane ,maria1 the ,federal ,emergency ,management ,agency has deployed thousands of their temporary on-call reservists and specialized ,cadre ,on-,call ,response_/,recovery 7,,core7 workforces4 7#c7 ,in #bjag1 the ,director of the ,united ,states ,secret ,service asked ,congress to increase federally mandated caps on salary and overtime for the agency4 ,at the time of the request1 more than #a1jjj agents had worked numerous1 uncompensated hours of overtime4 ,the ,director cited a protracted presidential campaign1 a large first family1 ongoing personnel shortages1 and increasing demands in investigative missions as having strained the organization4 7#d7 ,in #bjae1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives issued bipartisan report documenting the ,secret ,service as understaffed1 overburdened1 and in crisis4 ,the agency has posted announcements to hire annuitants for the position of investigator to help mitigate shortages in their investigative mission4 7#e7 ,in #bjaf1 ,congress approved a request from the ,transportation ,security ,administration to hire new officers and pay overtime to ease travel disruptions and increase security4 7#f7 ,the ,transportation ,security ,administration #bjag budget request calls for the first ,federal ,air ,marshal class since #bjaa4 7#g7 ,in #bjag1 ,customs and ,border ,protection and ,immigration and ,customs ,enforcement initiated a hiring surge4 ,the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia71 extended the temporary authority for agency heads 7including the ,secretary of ,homeland ,security7 to grant dual compensation waivers for certain part-time1 temporary reemployed annuitants through ,december #bjai4 ,dual compensation waivers allow reemployed annuitants to receive an unreduced salary while concurrently receiving their full pension benefit4 ,u4,s4 ,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 efforts4 7b7 ,sense of ,congress ,it is the sense of ,congress that by establishing a reserve service comprised of skilled1 ready-to-work former employees1 components of the ,department of ,homeland ,security can better mitigate personnel shortages and meet emergent demands without unnecessarily recruiting1 hiring1 and training new permanent employees4 7c7 ,purpose ,the purpose of this ,act is to establish a reserve service to assist the ,department of ,homeland ,security in maintaining a skilled1 ready-to-work pool for performing non-continuous duties of investigation1 patrol1 response1 security1 protection1 recovery1 and inspection4 ,the reserve service capitalizes on investments in human capital1 providing for efficient and effective service to agency stakeholders4 ,the reserve service is for temporary needs and shall not be used to supplant new hires4 #c4 ,department of ,homeland ,security ,reserve ,service 7a7 ,in general ,title ,,vii of the ,homeland ,security ,act of #bjjb is amended by adding at the end the following new section3 #gjh4 ,department of ,homeland ,security ,reserve ,service 7a7 ,establishment ,the ,secretary of ,homeland ,security may establish a ,homeland ,security ,reserve ,service 7hereinafter referred to as the ,reserve ,service7 in each covered component of the ,department1 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 for1 or critical shortages of1 personnel and in times of crisis4 ,the ,secretary shall develop and implement an expedited process for hiring such employees and shall not use a competitive process4 7b7 ,covered components ,in this section1 a covered component is any of the following3 7#a7 ,u4,s4 ,customs and ,border ,protection4 7#b7 ,u4,s4 ,immigration and ,customs ,enforcement4 7#c7 ,the ,transportation ,security ,administration4 7#d7 ,the ,united ,states ,secret ,service4 7#e7 ,the ,federal ,protective ,service of the ,national ,protection and ,programs ,directorate4 7c7 ,employees 7#a7 ,selection ,the ,secretary shall offer employment or reemployment under the ,reserve ,service to individuals who-- 7,a7 previously served as employees of the ,department whose prior experience and training qualifies them for investigative1 inspection1 response and patrol1 security and protective1 or advisory duties as required2 7,b7 are citizens of the ,united ,states2 and 7,c7 the ,secretary determines are fit to hold the position in the ,reserve ,service1 including with respect to health1 character1 knowledge1 and ability4 7#b7 ,service ,an individual who is employed or reemployed under this section may be employed on a full-time or part-time basis4 ,the period of such employment or reemployment may not exceed one year for each assignment for which the individual is called into service4 7#c7 ,pay 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 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 ,service4 ,for any period during which such an individual is not performing such service1 the individual shall be an employee of the ,department in a non-duty1 non-pay status4 7,b7 ,coordination and training ,except as specifically authorized by the ,secretary1 in addition to compensation provided under subparagraph 7,a71 an individual who is a member of the ,reserve ,service may be compensated for-- 7i7 not more than #hj hours per year for coordination activities with the ,reserve ,service2 and 7ii7 not more than #hj hours per year while completing mandatory training4 7,c7 ,employment-related activities ,in addition to compensation under subparagraphs 7,a7 and 7,b71 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 employment4 ,for purposes of this subparagraph1 the term time consuming means requiring more than #ae minutes of time4 7,d7 ,amount ,the amount of compensation payable under subparagraphs 7,a71 7,b71 and 7,c7 shall be determined by the head of each covered component in consultation with appropriate human capital managers4 7#d7 ,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 reemployment4 ,time employed in a position under this section shall not count toward competitive status1 career tenure1 or1 consistent with subsection 7d71 any additional benefits provided under chapter #hc or #hd of title #e1 ,united ,states ,code4 7#e7 ,number of personnel 7,a7 ,in general ,the employment or reemployment of individuals by a covered component under this section shall not-- 7i7 supplant the hiring of new employees by the component2 7ii7 result in the elimination of any full-time or part-time position of employment at the component2 or 7iii7 force an employee out of a position held by that employee so that the employee can be employed or reemployed under this section4 7,b7 ,oversight ,the ,inspector ,general of the ,department shall-- 7i7 provide oversight to ensure the covered components comply with subparagraph 7,a72 and 7ii7 report to ,congress any suspected malfeasance or violation of subparagraph 7,a74 7#f7 ,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 section4 7#g7 ,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 ,department4 7d7 ,annuitants 7#a7 ,in general ,if an annuitant becomes temporarily reemployed pursuant to this section1 such annuity shall not be discontinued thereby4 ,subsection 7c77#d7 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 section4 7#b7 ,dual compensation waiver ,the ,secretary may provide dual compensation waivers for reemployed annuitants4 7e7 ,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 ,department4 7f7 ,expenses ,the ,secretary may provide members of the ,reserve ,service transportation and per diem in lieu of subsistence1 in accordance with applicable provisions of this ,act and title #e1 ,united ,states ,code1 for the purpose of participating in any training that relates to service as a member of the ,reserve ,service4 7g7 ,limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 not more than #a1jjj individuals may be employed in the ,reserve ,service at any given time1 to be divided across covered components as determined by the ,secretary4 7#b7 ,waiver ,the ,secretary may waive the limitation under paragraph 7#a7 for a period of not more than #ij days4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #gjg the following new item3 #gjh4 ,department of ,homeland ,security ,reserve ,service4 4 7c7 ,implementation 7#a7 ,implementation deadline ,the ,secretary of ,homeland ,security shall ensure that each covered component of the ,department of ,homeland ,security begins to formally initiate policy1 regulatory1 and personnel action to carry out section #gjh of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 by not later than #ahj days after the date of the enactment of this ,act4 7#b7 ,extension authority 7,a7 ,in general ,if the ,secretary determines it necessary1 the ,secretary may provide an extension to a covered component with respect to the implementation deadline under paragraph 7#a7 for a period of not more than #ahj days4 ,no such component may receive more than two extensions under this paragraph4 7,b7 ,notice to ,congress ,if the ,secretary provides an extension under this paragraph to a covered component1 the ,secretary shall submit to ,congress notice of such extension and the justification for providing such extension4 7,c7 ,failure to implement ,if any covered component receives two extensions under this paragraph and fails to begin implementation of such section #gjh1 the ,secretary shall appear before the appropriate committees of ,congress to provide an explanation for such failure4 7#c7 ,report to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the plan of the ,secretary for fully implementing such section #gjh4 ,such report shall include the plan of the ,secretary-- 7,a7 for creating position descriptions with sufficient flexibility to utilize the full range of a reservist's skill set2 7,b7 for outlining the processes for calling reservists into service2 7,c7 for determining pay scale for each position1 with maximum total annual pay not to exceed the ,,gs-#ae level2 7,d7 for developing a training plan outlining how employees will train and maintain standards and certifications necessary to their reserve position2 7,e7 for determining a base rate of pay made to all reservists not called into service1 regardless of pay scale determined under subparagraph 7,c71 for attending training to maintain skills or acquire skills immediately prior to knowingly being called into service2 7,f7 for releasing any individuals who do not meet the training or certification standards established for their positions2 and 7,g7 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 capacity4 7d7 ,certification 7#a7 ,initial certification ,not later than #ahj days after the submittal of the report under subsection 7c77#c71 the ,secretary shall certify to ,congress that-- 7,a7 each covered component has a sufficient number of reserve personnel in the ,reserve ,service under such section #gjh who are ready to be called into service in response to immediate and short-term requirements2 or 7,b7 the ,secretary has provided an extension to a covered component pursuant to subsection 7c77#b74 7#b7 ,final certification ,not later than #ahj days after the ,secretary provides the certification required under paragraph 7#a71 the ,secretary shall certify to ,congress that-- 7,a7 each covered component has completed the implementation of the ,reserve ,service under such section #gjh2 or 7,b7 the ,secretary has provided an extension to a covered component pursuant to subsection 7c77#b74 7e7 ,waiver authority ,after the date that is five years after the submission of the final certification under subsection 7d77#b71 the ,secretary may waive the requirements of such section #gjh for any period of time if the ,secretary submits to ,congress notice of the waiver by not later than #ahj days before the date on which the waiver takes effect4 7f7 ,annual report ,not later than one year after the date on which the final certification is submitted under subsection 7d77#b71 and annually thereafter for each of the subsequent five years1 the ,secretary shall submit to ,congress a detailed report on the administration of the reserve service during the #ab-month period preceding the date of the submittal of the report4 ,each report shall include1 for the period covered by the report1 each of the following3 7#a7 ,a discussion of any changes to the process used to recruit1 assess and hire ,reserve ,service personnel4 7#b7 ,a discussion of critical needs areas in the ,reserve ,service and how the ,secretary or component plans to fill them1 including plans to recruit and retain employees in the positions4 7#c7 ,any actions taken to fulfill such critical need areas4 7#d7 ,a description of any new positions created for the reserve service along with demonstrated need for such positions4 7#e7 ,the number of personnel onboarded or released from the ,reserve ,service4 7#f7 ,a discussion of training provided to reservists and identification of additional training and resource needs4 7#g7 ,a discussion and description of ,reserve ,service activations the circumstances under which such activations were made4 7#h7 ,a projection of new activations or maintained activations for the #ab-month period beginning on the date of the submission of the report and explanations for such projection4