,,ii ,calendar ,no4 #ddg #aaeth ,,congress #b;d ,session ,s4 #acje ,report ,no4 #aae-bgj ,,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 ,june #g1 #bjah,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,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 #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 ,june #g1 #bjah,reported with an amendment