,,ii  #aadth ,,congress  #b;d ,session  
,s4 #cdid  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #e1  
#bjaf ,mr4 ,flake 7for himself and ,ms4 
,heitkamp7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to provide ,u4,s4 ,customs and ,border 
,protection with adequate flexibility in
 its employment authorities4  #a4 ,short
 title  ,this ,act may be cited as the  
,,cbp ,hiring and ,retention ,act of    
#bjaf or the ,,cbp ,hi,re ,act4  #b4    
,retention incentives  7a7 ,in general  
,chapter #ig of title #e1 ,united       
,states ,code1 is amended by adding at  
the end the following3  #igjb4 ,u4,s4   
,customs and ,border ,protection        
retention incentives  7a7 ,definitions  
,in this section--  7#a7 the term bonus 
percentage rate means the bonus         
percentage rate for a covered ,,cbp     
employee established in accordance with 
subsection 7d72  7#b7 the term covered  

,,cbp employee means an employee of     
,u4,s4 ,customs and ,border ,protection 
performing activities that are critical 
to border security1 as determined by the
 ,secretary2 and  7#c7 the term         
,secretary means the ,secretary of      
,homeland ,security4  7b7 ,authority    
,the ,secretary may pay a retention     
bonus to a covered ,,cbp employee if the
 ,secretary determines that1 in the     
absence of a retention bonus1 the       
covered ,,cbp employee would be likely  
to leave--  7#a7 ,federal service2 or   
7#b7 for a different position in the    
,federal service1 including a position  
in another agency or component of the   
,department of ,homeland ,security4  7c7
 ,written agreement  7#a7 ,in general   
,payment of a retention bonus under this
 section is contingent upon the covered 
,,cbp employee entering into a written  
service agreement with ,u4,s4 ,customs  
and ,border ,protection to complete a   
period of employment with ,u4,s4        
,customs and ,border ,protection4  7#b7 

,terms and conditions ,a written        
agreement under this section shall      
include-- 7,a7 the length of the        
required service period2  7,b7 the      
amount of the bonus2  7,c7 the method of
 payment2  7,d7 other terms and         
conditions under which the bonus is     
payable1 subject to the requirements of 
this section and regulations of the     
,secretary1 which shall include--  7i7  
the conditions under which the agreement
 may be terminated before the           
agreed-upon service period has been     
completed2 and  7ii7 the effect of the  
termination4  7d7 ,amount ,a retention  
bonus under this section--  7#a7 shall  
be stated as a percentage of the basic  
pay of the covered ,,cbp employee for   
the service period associated with the  
bonus2 and  7#b7 may not exceed #be     
percent of the basic pay of the covered 
,,cbp employee4  7e7 ,form of payment   
7#a7 ,in general ,a retention bonus may 
be paid to a covered ,,cbp employee in  
installments after completion of        

specified periods of service or in a    
single lump sum at the end of the full  
period of service required by the       
written service agreement4  7#b7        
,installment payments  7,a7 ,calculation
 of installments ,an installment payment
 is derived by multiplying the amount of
 basic pay earned in the installment    
period by a percentage not to exceed the
 bonus percentage rate established for  
the covered ,,cbp employee4  7,b7 ,lump 
sum final payment ,if the installment   
payment percentage established for the  
covered ,,cbp employee under            
subparagraph 7,a7 is less than the bonus
 percentage rate established for the    
covered ,,cbp employee1 the accrued but 
unpaid portion of the bonus is payable  
as part of the final installment payment
 to the covered ,,cbp employee after    
completion of the full service period   
under the terms of the written service  
agreement4  7f7 ,exclusion from basic   
pay ,a retention bonus under this       
section is not part of the basic pay of 

an employee for any purpose4  4  7b7    
,technical and conforming amendment ,the
 table of sections for chapter #ig of   
title #e1 ,united ,states ,code1 is     
amended by adding at the end the        
following3  #igjb4 ,u4,s4 ,customs and  
,border ,protection retention           
incentives4  4  #c4 ,pilot programs for 
,u4,s4 ,customs and ,border ,protection 
7a7 ,definitions ,in this section-- 7#a7
 the term covered area means a          
geographic area that the ,secretary     
determines--  7,a7 is in a remote       
location2 or  7,b7 is an area for which 
it is difficult to find employees       
willing to accept the area as a         
permanent duty station2  7#b7 the term  
covered ,,cbp employee has the meaning  
given that term in section #igjb of     
title #e1 ,united ,states ,code1 as     
added by section #b2  7#c7 the term     
,department means the ,department of    
,homeland ,security2 and  7#d7 the term 
,secretary means the ,secretary of      
,homeland ,security4  7b7 ,special rates

 of pay  7#a7 ,authority ,the ,secretary
 may establish one or more special rates
 of pay for covered ,,cbp employees     
whose permanent duty station is located 
in a covered area4  7#b7 ,maximum amount
 ,a special rate of pay established     
under this subsection may not provide a 
rate of basic pay for any covered ,,cbp 
employee that exceeds #abe percent of   
the otherwise applicable rate of basic  
pay for the covered ,,cbp employee4     
7#c7 ,sunset  7,a7 ,in general ,subject 
to subparagraph 7,b71 on and after the  
first day of the first pay period that  
begins more than #b years after the date
 of enactment of this ,act1 the         
,secretary may not pay a covered ,,cbp  
employee under a special rate of pay    
established under this subsection4  7,b7
 ,extension ,if the ,secretary          
determines the program of special rates 
of pay under this subsection is         
performing satisfactorily1 the          
,secretary may extend the period during 
which the ,secretary may pay covered    

,,cbp employees under such special rates
 of pay through the day before the first
 pay period that begins more than #d    
years after the date of enactment of    
this ,act4  7#d7 ,savings provision ,for
 any covered ,,cbp employee being paid  
at a special rate of pay established    
under this subsection on the day before 
the date the pilot program terminates   
under paragraph 7#c71 effective on the  
date the pilot program terminates under 
paragraph 7#c7 the rate of pay for the  
covered ,,cbp employee shall be the rate
 of pay that would have been in effect  
for the covered ,,cbp employee had this 
section never been enacted1 including   
any periodic step-increase or other     
adjustment that would have taken effect 
if the covered ,,cbp employee had not   
been paid at a special rate of pay4  7c7
 ,limitation on use of polygraphs  7#a7 
,in general ,subject to paragraph 7#b71 
during the #a-year period beginning on  
the date of enactment of this ,act1 if  
an applicant for a position in ,u4,s4   

,customs and ,border ,protection does   
not successfully complete a polygraph   
examination required for appointment to 
that position--  7,a7 ,u4,s4 ,customs   
and ,border ,protection may not disclose
 the results of the polygraph           
examination to any other ,federal agency
 or any other agency or component of the
 ,department2 and  7,b7 another ,federal
 agency or another agency or component  
of the ,department may not use the      
results of the polygraph examination1 in
 whole or in part1 in determining       
whether to appoint the individual to a  
position in the agency or component4    
7#b7 ,extension ,if the ,secretary      
determines that the limitation on the   
use of polygraphs under paragraph 7#a7  
is performing satisfactorily1 the       
,secretary may extend the limitation    
until the end of the #b-year period     
beginning on the date of enactment of   
this ,act4  7#c7 ,disclosures  7,a7 ,in 
general ,the ,secretary shall provide   
each applicant for a position in ,u4,s4 

,customs and ,border ,protection who    
will be required to successfully        
complete a polygraph examination before 
appointment to the position a list of   
actions or conduct of1 or events        
relating to1 the applicant that could   
disqualify the applicant from being     
appointed to the position4  7,b7 ,list  
requirements ,when providing the list   
required under subparagraph 7,a71 the   
,secretary shall-- 7i7 provide          
applicants as complete a list as is     
possible of potential disqualifying     
actions1 conduct1 or events2 and  7ii7  
clearly inform all applicants that the  
list provided under subparagraph 7,a7   
does not constitute the complete list of
 potential disqualifying actions1       
conduct1 or events4  7#d7 ,use of       
polygraphs ,paragraph 7#a7 shall not--  
7,a7 restrict the authority of ,u4,s4   
,customs and ,border ,protection to     
report or refer an admission of criminal
 activity made by an applicant during a 
polygraph examination2  7,b7 limit the  

authority of ,u4,s4 ,customs and ,border
 ,protection to use the results of a    
polygraph examination administered as a 
requirement for appointment to a        
position in ,u4,s4 ,customs and ,border 
,protection1 in whole or in part1 in    
determining whether to appoint the      
individual to the position2 or  7,c7    
limit the authority of another ,federal 
agency or another agency or component of
 the ,department to use the results of a
 polygraph examination administered to  
an individual by a ,federal agency other
 than ,u4,s4 ,customs and ,border       
,protection1 in whole or in part1 in    
determining whether to appoint the      
individual to a position in the agency  
or component4