S.Amdt. 3380

1. Inserts new text on page 62, between lines 23 and 24

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   Inserted: (l) Enhancing Response and Recovery Operations and Programs.--

   Inserted: (1) In general.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 526. ADMINISTRATION OF RESPONSE AND RECOVERY OPERATIONS AND PROGRAMS.

   Inserted: "(a) Definitions.--In this section--

   Inserted: "(1) the term 'annuitant' means an annuitant under a Government retirement system;

   Inserted: "(2) the terms 'deployed' and 'deployment' mean the performance of services under the response and recovery operations and programs of the Agency, including exercises and training for such operations and programs;

   Inserted: "(3) the term 'disaster reserve workforce' means the disaster reserve workforce established under subsection (b);

   Inserted: "(4) the term 'employee' has the meaning given under section 2105 of title 5, United States Code;

   Inserted: "(5) the term 'employee designated for short term deployments' means an employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) designated only for short-term deployments;

   Inserted: "(6) the term 'Government retirement system' means a retirement system established by law for employees of the Government of the United States;

   Inserted: "(7) the term 'major project' means any project for which the total costs are greater than $400,000;

   Inserted: "(8) the term 'permanent seasonal employee' means an employee, including an employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)), working under seasonal employment as defined under section 340.401 of title 5 of the Code of Federal Regulations or any successor regulation;

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   Inserted: "(9) the term 'reservist' means an employee who is a member of the disaster reserve workforce;

   Inserted: "(10) the term 'response and recovery operations and programs' means response operations and programs and recovery operations and programs;

   Inserted: "(11) the term 'response operations and programs' means operations and programs that involve taking immediate actions to save lives, protect property or the environment, or meet basic human needs;

   Inserted: "(12) the term 'recovery operations and programs' means operations and programs to support and enable recovery, as defined in section 501 of the Homeland Security Act of 2002; and

   Inserted: "(13) the term 'term employee' means an employee, including an employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)), who is appointed to a term of 1 or more years.

   Inserted: "(b) Disaster Reserve Workforce.--In order to provide efficiency, continuity, quality, and accuracy in services performed under response and recovery operations and programs there is within the Agency a disaster reserve workforce, which shall be used to supplement the work of permanent full-time employees of the Agency on response and recovery operations and programs.

   Inserted: "(c) Provision of Services Performed Under Response and Recovery Operations and Programs.--

   Inserted: "(1) In general.--The Administrator shall ensure that the disaster reserve workforce can rapidly and efficiently deploy qualified, skilled, and trained reservists for a sufficiently long period to provide continuity in response and recovery operations and programs.

   Inserted: "(2) Management and implementation.--

   Inserted: "(A) In general.--Sufficient numbers of qualified permanent full-time employees of the Agency shall lead and manage the disaster reserve workforce and implement response and recovery operations and programs, including leading individual major projects under sections 404, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c, 5172, and 5173).

   Inserted: "(B) Disaster reserve workforce.--The disaster reserve workforce shall include--

   Inserted: "(i) term employees;

   Inserted: "(ii) permanent seasonal employees;

   Inserted: "(iii) employees designated for short-term deployments;

   Inserted: "(iv) employees of the Department who are not employees of the Agency; and

   Inserted: "(v) employees of other Federal agencies.

   Inserted: "(C) Reliance on certain employees.--In supporting the work of permanent full-time employees, the Administrator--

   Inserted: "(i) shall rely to the greatest extent possible on term employees and permanent seasonal employees deployed for long periods of time in order to help ensure greater efficiency, continuity, quality, and accuracy in services performed under recovery operations and programs; and

   Inserted: "(ii) may use discretion to deploy the reservists most able to ensure the greatest efficiency, continuity, quality, and accuracy in services performed under response and recovery operations and programs.

   Inserted: "(3) Policies and procedures.--In order to ensure that efficient, continuous, and accurate services are provided under response and recovery operations and programs, not later than 180 days after the date of enactment of this section, the Administrator shall develop--

   Inserted: "(A) staffing policies and procedures that provide for the management of response and recovery operations and programs by sufficient numbers of permanent full-time senior-level officials;

   Inserted: "(B) plans to recruit individuals who reside in the area affected by a major disaster when long-term recovery efforts are needed; and

   Inserted: "(C) policies and procedures relating to sections 403, 404, 406, 407, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5170c, 5172, 5173, and 5192).

   Inserted: "(4) Minimum standards and guidelines for the disaster reserve workforce.--

   Inserted: "(A) Standards and guidelines.--Not later than 180 days after the date of enactment of this section, the Administrator shall develop standards and guidelines for the disaster reserve workforce, including--

   Inserted: "(i) setting appropriate mandatory before and after disaster training requirements;

   Inserted: "(ii) establishing the minimum number of days annually an individual is required to deploy in a year during which there is sufficient work for members of the disaster reserve workforce;

   Inserted: "(iii) providing for a reasonably long time period for deployment to ensure continuity in operations; and

   Inserted: "(iv) establishing performance requirements, including for the timely and accurate resolution of issues and projects.

   Inserted: "(B) Maintaining membership in the disaster reserve workforce.--In order to maintain membership in the disaster reserve workforce, a reservist shall--

   Inserted: "(i) be credentialed in accordance with section 510; and

   Inserted: "(ii) meet all minimum standards and guidelines established under subparagraph (A)--

   Inserted: "(I) for term employees, before being appointed to a term in the disaster reserve workforce; and

   Inserted: "(II) annually for all other reservists.

   Inserted: "(C) Evaluation system.--In consultation with the Director of the Office of Personnel Management, the Administrator shall develop and implement a system to continuously evaluate reservists to ensure that all minimum standards and guidelines under this paragraph are satisfied annually by all reservists. Chapter 43 of title 5, United States Code, shall not apply to reservists covered under the system developed and implemented under this subparagraph.

   Inserted: "(5) Contractors.--Not later than 180 days after the date of enactment of this section, the Administrator, in conjunction with the Chief Human Capital Officer of the Agency, shall establish policies and procedures for contractors that support response and recovery operations and programs, which shall ensure that the contractors have appropriate skills, training, knowledge, and experience for assigned tasks, including by ensuring that the contractors meet training, credentialing, and performance requirements similar to the requirements for reservists.

   Inserted: "(6) Reemployed annuitants.--

   Inserted: "(A) In general.--In appointing reservists to the disaster reserve workforce, the application of sections 8344 and 8468 of title 5, United States Code, (relating to annuities and pay on reemployment) or any other similar provision of law under a Government retirement system may be waived by the Administrator for annuitants reemployed on deployments involving a direct threat to life or property or other unusual circumstances for the entirety of the deployment.

   Inserted: "(B) Limitations.--The authority under subparagraph (A)--

   Inserted: "(i) is granted to assist the Administrator in establishing and effectively operating the disaster reserve workforce if--

   Inserted: "(I) no other qualified applicant is available for a reservist position; or

   Inserted: "(II) if the employment of an annuitant would serve the mission of the Agency by gaining the benefit of the institutional knowledge and experience of the annuitant; and

   Inserted: "(ii) may be exercised only--

   Inserted: "(I) with respect to natural disasters, acts of terrorism, or other man-made disasters, including catastrophic incidents; and

   Inserted: "(II) if the applicant will not accept the position without a waiver.

   Inserted: "(C) Guidelines and limitations.--Before the Administrator may exercise the authority under subparagraph (A), the Administrator shall establish guidelines and limitations on the appointment of annuitants under that subparagraph in order to manage the need for annuitant experience with workforce growth, succession planning, and fiscal responsibilities.

   Inserted: "(D) Not employee for retirement purposes.--An annuitant to whom a waiver under subparagraph (A) is in effect shall not be considered an employee for purposes of any Government retirement system.

   Inserted: "(7) Permanent employment positions.--

   Inserted: "(A) In general.--An employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) and a member of the FEMA corps of the National Civilian Community Corps who completes the terms of service of the member pursuant to the interagency agreement between the Federal Emergency Management Agency and the Corporation for National and Community Service may compete for permanent positions in the Agency under merit promotion procedures. The actual time deployed as an employee or member shall be considered creditable service for purposes of such competition and shall be calculated, for purposes of section 8411 of title 5, United States Code, by dividing the total number of days of service as a reservist by 365 to obtain the number of years of service and dividing any remainder by 30 to obtain the number of additional months of service and excluding from the aggregate the fractional part of a month, if any.

   Inserted: "(B) Consideration.--In evaluating a reservist hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) for a potential permanent employment position, the Administrator shall consider the qualifications of, and performance as a reservist by, the reservist, including the ability of the reservist to timely, accurately, and creatively resolve issues and projects when deployed.

   Inserted: "(C) Effective date and application.--This paragraph shall--

   Inserted: "(i) take effect on the date on which the Administrator implements the evaluation system under paragraph (4)(C); and

   Inserted: "(ii) apply to periods of service performed after that date.

   Inserted: "(8) No impact on agency personnel ceiling.--Reservists shall not be counted against any personnel ceiling limitation applicable to the Agency.".

   Inserted: (2) Technical and conforming amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 525 the following:

   Inserted: "Sec. 526. Administration of response and recovery operations and programs.".

   Inserted: (3) Permanent seasonal employees.--Section 306(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)) is amended--

   Inserted: (A) in paragraph (1), by inserting "or permanent seasonal employees (as that term is defined under section 526(a)(8) of the Homeland Security Act of 2002)" after "temporary personnel"; and

   Inserted: (B) in paragraph (3), by inserting "or the employment of permanent seasonal employees (as that term is defined under section 526(a)(8) of the Homeland Security Act of 2002)" after "additional personnel".

   Original wording

   On page 62, between lines 23 and 24, insert the following:

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