#aaeth ,,congress #b;d ,session ,s4 #acje ,,an ,,act ,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 ,u4,s4 ,customs and ,border ,protection ,hiring and ,retention ,act of #bjag or the ,,cbp ,hi,re ,act4 #b4 ,flexibility in employment authorities 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 employment authorities 7a7 ,definitions ,in this section-- 7#a7 the term ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection2 7#b7 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#d7 the term rural or remote area means an area within the ,united ,states that is not within an area defined and designated as an urbanized area by the ,bureau of the ,census in the most recently completed decennial census2 and 7#e7 the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,demonstration of recruitment and retention difficulties in rural or remote areas 7#a7 ,in general ,for purposes of subsections 7c7 and 7d71 the ,secretary shall determine1 for a rural or remote area1 whether there is-- 7,a7 a critical hiring need in the area2 and 7,b7 a direct relationship between-- 7i7 the rural or remote nature of the area2 and 7ii7 difficulty in the recruitment and retention of ,,cbp employees in the area4 7#b7 ,factors ,to inform the determination of a direct relationship under paragraph 7#a77;,b71 the ,secretary may consider evidence-- 7,a7 that the ,secretary-- 7i7 is unable to efficiently and effectively recruit individuals for positions as ,,cbp employees1 which may be demonstrated with various types of evidence1 including-- 7,i7 evidence that multiple positions have been continuously vacant for significantly longer than the national average period for which similar positions in ,u4,s4 ,customs and ,border ,protection are vacant2 and 7,,ii7 recruitment studies that demonstrate the inability of the ,secretary to efficiently and effectively recruit ,,cbp employees for positions in the area2 or 7ii7 experiences a consistent inability to retain ,,cbp employees that negatively impacts agency operations at a local or regional level2 or 7,b7 of any other inability1 directly related to recruitment or retention difficulties1 that the ,secretary determines sufficient4 7c7 ,direct hire authority2 recruitment and relocation bonuses2 retention bonuses 7#a7 ,direct hire authority 7,a7 ,in general ,the ,secretary may appoint1 without regard to any provision of sections #ccji through #ccai1 candidates to positions in the competitive service as ,,cbp employees1 in a rural or remote area1 if the ,secretary-- 7i7 determines that-- 7,i7 there is a critical hiring need2 and 7,,ii7 there exists a severe shortage of qualified candidates because of the direct relationship identified by the ,secretary under subsection 7b77#a77;,b7 of this section between-- 7aa7 the rural or remote nature of the area2 and 7bb7 difficulty in the recruitment and retention of ,,cbp employees in the area2 and 7ii7 has given public notice for the positions4 7,b7 ,prioritization of hiring veterans ,if the ,secretary uses the direct hiring authority under subparagraph 7,a71 the ,secretary shall apply the principles of preference for the hiring of veterans established under subchapter ,i of chapter #cc4 7#b7 ,recruitment and relocation bonuses ,the ,secretary may pay a bonus to an individual 7other than an individual described in subsection 7a77#b7 of section #egec7 if-- 7,a7 the ,secretary determines that-- 7i7 conditions consistent with the conditions described in paragraphs 7#a7 and 7#b7 of subsection 7b7 of such section #egec are satisfied with respect to the individual 7without regard to any other provision of that section72 and 7ii7 the position to which the individual is appointed or to which the individual moves or must relocate-- 7,i7 is a position as a ,,cbp employee2 and 7,,ii7 is in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b7 of this section between-- 7aa7 the rural or remote nature of the area2 and 7bb7 difficulty in the recruitment and retention of ,,cbp employees in the area2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#c7 ,retention bonuses ,the ,secretary may pay a retention bonus to a ,,cbp employee 7other than an individual described in subsection 7a77#b7 of section #eged7 if-- 7,a7 the ,secretary determines that-- 7i7 a condition consistent with the condition described in subsection 7b77#a7 of such section #eged is satisfied with respect to the ,,cbp employee 7without regard to any other provision of that section72 7ii7 the ,,cbp employee is employed in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b7 of this section between-- 7,i7 the rural or remote nature of the area2 and 7,,ii7 difficulty in the recruitment and retention of ,,cbp employees in the area2 and 7iii7 in the absence of a retention bonus1 the ,,cbp employee would be likely to leave-- 7,i7 the ,federal service2 or 7,,ii7 for a different position in the ,federal service1 including a position in another agency or component of the ,department of ,homeland ,security2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#d7 ,rules for bonuses 7,a7 ,maximum bonus ,a bonus paid to an employee under-- 7i7 paragraph 7#b7 may not exceed #ajj percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period2 and 7ii7 paragraph 7#c7 may not exceed #ej percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period4 7,b7 ,relation to basic pay ,a bonus paid to an employee under paragraph 7#b7 or 7#c7 shall not be considered part of the basic pay of the employee for any purpose4 7#e7 ,,opm oversight ,the ,director shall1 to the extent practicable-- 7,a7 set aside a determination of the ,secretary under this subsection if the ,director finds substantial evidence that the ,secretary abused the discretion of the ,secretary in making the determination2 and 7,b7 oversee the compliance of the ,secretary with this subsection4 7d7 ,special pay authority ,in addition to the circumstances described in subsection 7b7 of section #ecje1 the ,director may establish special rates of pay in accordance with that section if the ,director finds that the recruitment or retention efforts of the ,secretary with respect to positions for ,,cbp employees in an area or location are1 or are likely to become1 significantly handicapped because the positions are located in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b7 of this section between-- 7#a7 the rural or remote nature of the area2 and 7#b7 difficulty in the recruitment and retention of ,,cbp employees in the area4 7e7 ,regular ,,cbp review 7#a7 ,ensuring flexibilities meet ,,cbp needs ,each year1 the ,secretary shall review the use of hiring flexibilities under subsections 7c7 and 7d7 to fill positions at a location in a rural or remote area to determine-- 7,a7 the impact of the use of those flexibilities on solving hiring and retention challenges at the location2 7,b7 whether hiring and retention challenges still exist at the location2 and 7,c7 whether the ,secretary needs to continue to use those flexibilities at the location4 7#b7 ,consideration ,in conducting the review under paragraph 7#a71 the ,secretary shall consider-- 7,a7 whether any ,,cbp employee accepted an employment incentive under subsection 7c7 or 7d7 and then transferred to a new location or left ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the length of time that each employee identified under subparagraph 7,a7 stayed at the original location before transferring to a new location or leaving ,u4,s4 ,customs and ,border ,protection4 7#c7 ,distribution ,the ,secretary shall submit to ,congress a report on each review required under paragraph 7#a74 7f7 ,improving ,,cbp hiring and retention 7#a7 ,education of ,,cbp hiring officials ,not later than #ahj days after the date of enactment of the ,u4,s4 ,customs and ,border ,protection ,hiring and ,retention ,act of #bjag1 and in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 the ,secretary shall develop and implement a strategy to improve education regarding hiring and human resources flexibilities 7including hiring and human resources flexibilities for locations in rural or remote areas7 for all employees1 serving in agency headquarters or field offices1 who are involved in the recruitment1 hiring1 assessment1 or selection of candidates for locations in a rural or remote area1 as well as the retention of current employees4 7#b7 ,elements ,elements of the strategy under paragraph 7#a7 shall include the following3 7,a7 ,developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment1 hiring1 assessment1 or selection of candidates1 as well as the retention of current employees4 7,b7 ,regular training sessions for personnel who are critical to filling open positions in rural or remote areas4 7,c7 ,the development of pilot programs or other programs1 as appropriate1 to address identified hiring challenges in rural or remote areas4 7,d7 ,developing and enhancing strategic recruiting efforts through relationships with institutions of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 veterans transition and employment centers1 and job placement program in regions that could assist in filling positions in rural or remote areas4 7,e7 ,examination of existing agency programs on how to most effectively aid spouses and families of individuals who are candidates or new hires in a rural or remote area4 7,f7 ,feedback from individuals who are candidates or new hires at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for new hires and their families4 7,g7 ,feedback from ,,cbp employees1 other than new hires1 who are stationed at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for those ,,cbp employees and their families4 7,h7 ,evaluation of ,department of ,homeland ,security internship programs and the usefulness of those programs in improving hiring by the ,secretary in rural or remote areas4 7#c7 ,evaluation 7,a7 ,in general ,each year1 the ,secretary shall-- 7i7 evaluate the extent to which the strategy developed and implemented under paragraph 7#a7 has improved the hiring and retention ability of the ,secretary2 and 7ii7 make any appropriate updates to the strategy under paragraph 7#a74 7,b7 ,information ,the evaluation conducted under subparagraph 7,a7 shall include-- 7i7 any reduction in the time taken by the ,secretary to fill mission-critical positions in rural or remote areas2 7ii7 a general assessment of the impact of the strategy developed and implemented under paragraph 7#a7 on hiring challenges in rural or remote areas2 and 7iii7 other information the ,secretary determines relevant4 7g7 ,inspector ,general review ,not later than #b years after the date of enactment of the ,u4,s4 ,customs and ,border ,protection ,hiring and ,retention ,act of #bjag1 the ,inspector ,general of the ,department of ,homeland ,security shall review the use of hiring flexibilities by the ,secretary under subsections 7c7 and 7d7 to determine whether the use of those flexibilities is helping the ,secretary meet hiring and retention needs in rural and remote areas4 7h7 ,report on polygraph requests ,the ,secretary shall report to ,congress on the number of requests the ,secretary receives from any other ,federal agency for the file of an applicant for a position in ,u4,s4 ,customs and ,border ,protection that includes the results of a polygraph examination4 7i7 ,exercise of authority 7#a7 ,sole discretion ,the exercise of authority under subsection 7c7 shall be subject to the sole and exclusive discretion of the ,secretary 7or the ,commissioner1 as applicable under paragraph 7#b7 of this subsection71 notwithstanding chapter #ga4 7#b7 ,delegation 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may delegate any authority under this section to the ,commissioner4 7,b7 ,oversight ,the ,commissioner may not make a determination under subsection 7b77#a7 unless the ,secretary approves the determination4 7j7 ,rule of construction ,nothing in this section shall be construed to exempt the ,secretary or the ,director from the applicability of the merit system principles under section #bcja4 7k7 ,sunset ,the authorities under subsections 7c7 and 7d7 shall terminate on the date that is #e years after the date of enactment of the ,u4,s4 ,customs and ,border ,protection ,hiring and ,retention ,act of #bjag4 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 employment authorities4 4 ,passed the ,senate ,october #aj1 #bjah4,secretary