,,ii  #aaeth ,,congress  #ast ,session  
,s4 #acje  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #g1      
#bjag,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   
,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 ,commissioner means the           
,commissioner of ,u4,s4 ,customs and    
,border ,protection2  7#b7 the term     

covered ,,cbp employee means-- 7,a7 a   
customs and border protection officer1  
as defined in section #hcca7ca72 and    
7,b7 a border patrol agent1 as defined  
in section #eeej7;a72  7#c7 the term    
,director means the ,director of the    
,office of ,personnel ,management2  7#d7
 the term local infrastructure means--  
7,a7 established communities2  7,b7     
suitable places of residence1 including 
sufficient affordable housing choices2  
7,c7 amenities and services1 including  
medical care1 child care1 and schools1  
that contribute to quality of life2     
7,d7 consumer goods and services2 or    
7,e7 other local infrastructure1 as     
determined by the ,commissioner2 and    
7#e7 the term rural or remote area means
 an area within the ,united ,states--   
7,a7 in which a facility of ,u4,s4      
,customs and ,border ,protection is     
located2  7,b7 that is so distant from  
the nearest local infrastructure as to  
require an appreciable degree of        
expense1 hardship1 and inconvenience1   

beyond that normally encountered in     
metropolitan life1 on the part of an    
individual living or working in the     
area2 and  7,c7 that-- 7i7 has not been 
defined and designated as an urbanized  
area by the ,bureau of the ,census      
during the most recently completed      
decennial census2 or  7ii7 has been     
determined by the ,commissioner to be a 
rural or remote area based on any other 
factors that the ,commissioner considers
 relevant4  7b7 ,demonstration of       
recruitment and retention difficulties  
in rural or remote areas ,for purposes  
of subsections 7c71 7d71 and 7e71 the   
,commissioner shall demonstrate a direct
 relationship between the rural or      
remote nature of a rural or remote area1
 and difficulty in the recruitment and  
retention of covered ,,cbp employees in 
the area1 by providing evidence--  7#a7 
that the ,commissioner-- 7,a7 is unable 
to efficiently and effectively recruit  
individuals for positions as covered    
,,cbp employees1 which may be           

demonstrated with various types of      
evidence1 including--  7i7 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 or  7ii7 recruitment studies    
that demonstrate the inability of the   
,commissioner to efficiently and        
effectively recruit covered ,,cbp       
employees for positions in the area2 or 
7,b7 experiences a consistent inability 
to retain covered ,,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 ,commissioner determines       
sufficient4  7c7 ,direct hire authority2
 recruitment and relocation bonuses2    
retention bonuses  7#a7 ,direct hire    
authority  7,a7 ,in general ,in addition
 to the authority under section         
#ccjd7;a77#c77;,b71 the ,commissioner   

may appoint1 without regard to the      
provision of sections #ccji through     
#ccah1 candidates to positions as       
covered ,,cbp employees if the          
,commissioner determines that there     
exists a severe shortage of highly      
qualified candidates because the        
positions are in a rural or remote area4
  7,b7 ,prioritization of hiring        
veterans ,if the ,commissioner uses the 
direct hiring authority under           
subparagraph 7,a71 the ,commissioner    
shall work to prioritize the hiring of  
veterans by following the principles    
contained in part #cjg of title #e1     
,code of ,federal ,regulations1 or any  
successor regulation1 regarding the     
appointment of qualified veterans to the
 competitive service4  7#b7 ,recruitment
 and relocation bonuses ,the            
,commissioner may pay a bonus to an     
individual if the ,commissioner         
determines that-- 7,a7 the conditions   
under paragraphs 7#a7 and 7#b7 of       
subsection 7b7 of section #egec are     

satisfied with respect to the individual
 7without regard to any other provision 
of that section72 and  7,b7 the position
 to which the individual is appointed or
 to which the individual moves or must  
relocate--  7i7 is a position as a      
covered ,,cbp employee2 and  7ii7 is in 
a rural or remote area4  7#c7 ,retention
 bonuses ,the ,commissioner may pay a   
retention bonus to a covered ,,cbp      
employee if the ,commissioner determines
 that--  7,a7 the condition under       
subsection 7b77#a7 of section #eged is  
satisfied 7without regard to any other  
provision of that section72  7,b7 the   
covered ,,cbp employee is employed in a 
rural or remote area2 and  7,c7 in the  
absence of a retention bonus1 the       
covered ,,cbp employee would be likely  
to leave--  7i7 the ,federal service2 or
  7ii7 for a different position in the  
,federal service1 including a position  
in another agency or component of the   
,department of ,homeland ,security4     
7#d7 ,,opm oversight ,the ,director--   

7,a7 may set aside a determination of   
the ,commissioner under this subsection 
only if the ,director finds substantial 
evidence that the ,commissioner abused  
the discretion of the ,commissioner in  
making the determination2 and  7,b7     
shall oversee the compliance of the     
,commissioner 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            
,commissioner with respect to positions 
for covered ,,cbp employees in one or   
more areas or locations are1 or are     
likely to become1 significantly         
handicapped because the positions are   
located in a rural or remote area4  7e7 
,allowance based on duty at remote      
worksites  7#a7 ,in general ,section    
#eidb7;a7 shall be applied1 with respect
 to a covered ,,cbp employee1 as if of  

not to exceed #aj a day and all that    
follows were replaced with for the cost 
of the commute at a mileage             
reimbursement rate determined by the    
,director of the ,office of ,personnel  
,management4  7#b7 ,,opm determination  
,for purposes of section #eidb7;a71 as  
applied in accordance with paragraph    
7#a7 of this subsection1 the ,director  
shall publish in the ,federal ,register 
a notice of a mileage reimbursement rate
 that is equivalent1 to the maximum     
extent practicable1 to the mileage      
reimbursement rate for privately owned  
automobiles prescribed by the           
,administrator of ,general ,services    
under section #egjg7;b77#b74  7#c7      
,non-commuting factors  7,a7 ,in general
 ,a covered ,,cbp employee who is       
assigned to duty1 except temporary duty1
 at a location in a rural or remote area
 is eligible for1 in addition to pay    
otherwise due the employee1 an allowance
 in an amount not to exceed the         
necessary amount per day1 as determined 

by the ,commissioner in accordance with 
subparagraph 7,c74  7,b7 ,exception ,the
 ,commissioner shall not be required to 
pay the allowance under subparagraph    
7,a7 if the covered ,,cbp employee does 
not routinely operate the personal      
vehicle of the employee for             
transportation between the duty station 
and place of residence of the employee4 
7,c7 ,determination of necessary amount2
 ,,opm approval  7i7 ,determination of  
necessary amount ,in determining the    
necessary amount of an allowance under  
subparagraph 7,a71 the ,commissioner    
shall consider the factors considered by
 the ,director under regulations        
implementing section #eidb4  7ii7 ,,opm 
approval ,the ,commissioner may not pay 
an allowance under subparagraph 7,a7    
unless the ,director approves the amount
 of the allowance4  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 ,commissioner  
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 local
 colleges and universities1 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 covered ,,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 
covered ,,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 ,commissioner in rural or remote   
areas4  7#c7 ,evaluation  7,a7 ,in      
general ,each year1 the ,commissioner   
shall-- 7i7 evaluate1 on an annual      
basis1 the extent to which the strategy 
developed and implemented under         
paragraph 7#a7 has improved the hiring  
and retention ability of the            
,commissioner2 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  
,commissioner to fill mission-critical  

positions in rural or remote areas2     
7ii7 a general assessment of the impact 
of the strategy implemented under       
paragraph 7#a7 on hiring challenges in  
rural or remote areas2 and  7iii7 other 
information the ,commissioner determines
 relevant4  7g7 ,limitation on use of   
polygraphs  7#a7 ,in general ,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 position1 the ,commissioner may not
 disclose the results of the polygraph  
examination to any other ,federal agency
 or non-,federal employer unless the    
applicant signs a release granting the  
,commissioner permission to release all 
background investigation and            
adjudication materials to another       
,federal agency or a non-,federal       
employer4  7#b7 ,disclosures  7,a7 ,in  
general ,the ,commissioner 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 position1 which may    
include--  7i7 the criteria for making a
 suitability determination under part   
#gca of title #e1 ,code of ,federal     
,regulations 7or any successor          
regulation72 or  7ii7 the criteria for  
making an eligibility determination     
under part #gcb of title #e1 ,code of   
,federal ,regulations 7or any successor 
regulation74  7,b7 ,list requirements   
,when providing the list required under 
subparagraph 7,a71 the ,commissioner    
shall clearly inform all applicants that
 the list may not constitute the        
complete list of potential disqualifying
 actions1 conduct1 or events4  7#c7 ,use
 of polygraphs ,paragraph 7#a7 shall    
not-- 7,a7 restrict the authority of the
 ,commissioner to report or refer an    

admission of criminal conduct or        
activity made by an applicant during a  
polygraph examination to appropriate law
 enforcement officials2  7,b7 limit the 
authority of the ,commissioner 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  
of ,homeland ,security 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  7h7 ,rule 
of construction ,nothing in this section
 shall be construed to exempt the       
,commissioner or the ,director from the 

applicability of the merit system       
principles under section #bcja4  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