[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1305 Reported in Senate (RS)]
<DOC>
Calendar No. 447
115th CONGRESS
2d Session
S. 1305
[Report No. 115-270]
To provide U.S. Customs and Border Protection with adequate flexibility
in its employment authorities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2017
Mr. Flake (for himself and Ms. Heitkamp) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
June 7, 2018
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide U.S. Customs and Border Protection with adequate flexibility
in its employment authorities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``U.S. Customs and Border
Protection Hiring and Retention Act of 2017'' or the ``CBP HiRe
Act''.</DELETED>
<DELETED>SEC. 2. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.</DELETED>
<DELETED> (a) In General.--Chapter 97 of title 5, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 9702. U.S. Customs and Border Protection employment
authorities</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `Commissioner' means the
Commissioner of U.S. Customs and Border Protection;</DELETED>
<DELETED> ``(2) the term `covered CBP employee' means--
</DELETED>
<DELETED> ``(A) a customs and border protection
officer, as defined in section 8331(31); and</DELETED>
<DELETED> ``(B) a border patrol agent, as defined in
section 5550(a);</DELETED>
<DELETED> ``(3) the term `Director' means the Director of
the Office of Personnel Management;</DELETED>
<DELETED> ``(4) the term `local infrastructure' means--
</DELETED>
<DELETED> ``(A) established communities;</DELETED>
<DELETED> ``(B) suitable places of residence,
including sufficient affordable housing
choices;</DELETED>
<DELETED> ``(C) amenities and services, including
medical care, child care, and schools, that contribute
to quality of life;</DELETED>
<DELETED> ``(D) consumer goods and services;
or</DELETED>
<DELETED> ``(E) other local infrastructure, as
determined by the Commissioner; and</DELETED>
<DELETED> ``(5) the term `rural or remote area' means an
area within the United States--</DELETED>
<DELETED> ``(A) in which a facility of U.S. Customs
and Border Protection is located;</DELETED>
<DELETED> ``(B) that is so distant from the nearest
local infrastructure as to require an appreciable
degree of expense, hardship, and inconvenience, beyond
that normally encountered in metropolitan life, on the
part of an individual living or working in the area;
and</DELETED>
<DELETED> ``(C) that--</DELETED>
<DELETED> ``(i) has not been defined and
designated as an urbanized area by the Bureau
of the Census during the most recently
completed decennial census; or</DELETED>
<DELETED> ``(ii) has been determined by the
Commissioner to be a rural or remote area based
on any other factors that the Commissioner
considers relevant.</DELETED>
<DELETED> ``(b) Demonstration of Recruitment and Retention
Difficulties in Rural or Remote Areas.--For purposes of subsections
(c), (d), and (e), the Commissioner shall demonstrate a direct
relationship between the rural or remote nature of a rural or remote
area, and difficulty in the recruitment and retention of covered CBP
employees in the area, by providing evidence--</DELETED>
<DELETED> ``(1) that the Commissioner--</DELETED>
<DELETED> ``(A) is unable to efficiently and
effectively recruit individuals for positions as
covered CBP employees, which may be demonstrated with
various types of evidence, including--</DELETED>
<DELETED> ``(i) evidence that multiple
positions have been continuously vacant for
significantly longer than the national average
period for which similar positions in U.S.
Customs and Border Protection are vacant;
or</DELETED>
<DELETED> ``(ii) recruitment studies that
demonstrate the inability of the Commissioner
to efficiently and effectively recruit covered
CBP employees for positions in the area;
or</DELETED>
<DELETED> ``(B) experiences a consistent inability
to retain covered CBP employees that negatively impacts
agency operations at a local or regional level;
or</DELETED>
<DELETED> ``(2) of any other inability, directly related to
recruitment or retention difficulties, that the Commissioner
determines sufficient.</DELETED>
<DELETED> ``(c) Direct Hire Authority; Recruitment and Relocation
Bonuses; Retention Bonuses.--</DELETED>
<DELETED> ``(1) Direct hire authority.--</DELETED>
<DELETED> ``(A) In general.--In addition to the
authority under section 3304(a)(3)(B), the Commissioner
may appoint, without regard to the provision of
sections 3309 through 3318, 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 area.</DELETED>
<DELETED> ``(B) Prioritization of hiring veterans.--
If the Commissioner uses the direct hiring authority
under subparagraph (A), the Commissioner shall work to
prioritize the hiring of veterans by following the
principles contained in part 307 of title 5, Code of
Federal Regulations, or any successor regulation,
regarding the appointment of qualified veterans to the
competitive service.</DELETED>
<DELETED> ``(2) Recruitment and relocation bonuses.--The
Commissioner may pay a bonus to an individual if the
Commissioner determines that--</DELETED>
<DELETED> ``(A) the conditions under paragraphs (1)
and (2) of subsection (b) of section 5753 are satisfied
with respect to the individual (without regard to any
other provision of that section); and</DELETED>
<DELETED> ``(B) the position to which the individual
is appointed or to which the individual moves or must
relocate--</DELETED>
<DELETED> ``(i) is a position as a covered
CBP employee; and</DELETED>
<DELETED> ``(ii) is in a rural or remote
area.</DELETED>
<DELETED> ``(3) Retention bonuses.--The Commissioner may pay
a retention bonus to a covered CBP employee if the Commissioner
determines that--</DELETED>
<DELETED> ``(A) the condition under subsection
(b)(1) of section 5754 is satisfied (without regard to
any other provision of that section);</DELETED>
<DELETED> ``(B) the covered CBP employee is employed
in a rural or remote area; and</DELETED>
<DELETED> ``(C) in the absence of a retention bonus,
the covered CBP employee would be likely to leave--
</DELETED>
<DELETED> ``(i) the Federal service;
or</DELETED>
<DELETED> ``(ii) for a different position in
the Federal service, including a position in
another agency or component of the Department
of Homeland Security.</DELETED>
<DELETED> ``(4) OPM oversight.--The Director--</DELETED>
<DELETED> ``(A) 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
determination; and</DELETED>
<DELETED> ``(B) shall oversee the compliance of the
Commissioner with this subsection.</DELETED>
<DELETED> ``(d) Special Pay Authority.--In addition to the
circumstances described in subsection (b) of section 5305, 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 are, or are likely to become, significantly
handicapped because the positions are located in a rural or remote
area.</DELETED>
<DELETED> ``(e) Allowance Based on Duty at Remote Worksites.--
</DELETED>
<DELETED> ``(1) In general.--Section 5942(a) shall be
applied, with respect to a covered CBP employee, as if `of not
to exceed $10 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
Management'.</DELETED>
<DELETED> ``(2) OPM determination.--For purposes of section
5942(a), as applied in accordance with paragraph (1) of this
subsection, the Director shall publish in the Federal Register
a notice of a mileage reimbursement rate that is equivalent, to
the maximum extent practicable, to the mileage reimbursement
rate for privately owned automobiles prescribed by the
Administrator of General Services under section
5707(b)(2).</DELETED>
<DELETED> ``(3) Non-commuting factors.--</DELETED>
<DELETED> ``(A) In general.--A covered CBP employee
who is assigned to duty, except temporary duty, at a
location in a rural or remote area is eligible for, in
addition to pay otherwise due the employee, an
allowance in an amount not to exceed the necessary
amount per day, as determined by the Commissioner in
accordance with subparagraph (C).</DELETED>
<DELETED> ``(B) Exception.--The Commissioner shall
not be required to pay the allowance under subparagraph
(A) 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 employee.</DELETED>
<DELETED> ``(C) Determination of necessary amount;
opm approval.--</DELETED>
<DELETED> ``(i) Determination of necessary
amount.--In determining the necessary amount of
an allowance under subparagraph (A), the
Commissioner shall consider the factors
considered by the Director under regulations
implementing section 5942.</DELETED>
<DELETED> ``(ii) OPM approval.--The
Commissioner may not pay an allowance under
subparagraph (A) unless the Director approves
the amount of the allowance.</DELETED>
<DELETED> ``(f) Improving CBP Hiring and Retention.--</DELETED>
<DELETED> ``(1) Education of cbp hiring officials.--Not
later than 180 days after the date of enactment of the U.S.
Customs and Border Protection Hiring and Retention Act of 2017,
and in conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Commissioner shall develop
and implement a strategy to improve education regarding hiring
and human resources flexibilities (including hiring and human
resources flexibilities for locations in rural or remote areas)
for all employees, serving in agency headquarters or field
offices, who are involved in the recruitment, hiring,
assessment, or selection of candidates for locations in a rural
or remote area, as well as the retention of current
employees.</DELETED>
<DELETED> ``(2) Elements.--Elements of the strategy under
paragraph (1) shall include the following:</DELETED>
<DELETED> ``(A) Developing or updating training and
educational materials on hiring and human resources
flexibilities for employees who are involved in the
recruitment, hiring, assessment, or selection of
candidates, as well as the retention of current
employees.</DELETED>
<DELETED> ``(B) Regular training sessions for
personnel who are critical to filling open positions in
rural or remote areas.</DELETED>
<DELETED> ``(C) The development of pilot programs or
other programs, as appropriate, to address identified
hiring challenges in rural or remote areas.</DELETED>
<DELETED> ``(D) Developing and enhancing strategic
recruiting efforts through relationships with local
colleges and universities, veterans transition and
employment centers, and job placement program in
regions that could assist in filling positions in rural
or remote areas.</DELETED>
<DELETED> ``(E) 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 area.</DELETED>
<DELETED> ``(F) Feedback from individuals who are
candidates or new hires at locations in a rural or
remote area, including feedback on the quality of life
in rural or remote areas for new hires and their
families.</DELETED>
<DELETED> ``(G) Feedback from covered CBP employees,
other than new hires, who are stationed at locations in
a rural or remote area, including feedback on the
quality of life in rural or remote areas for those
covered CBP employees and their families.</DELETED>
<DELETED> ``(H) Evaluation of Department of Homeland
Security internship programs and the usefulness of
those programs in improving hiring by the Commissioner
in rural or remote areas.</DELETED>
<DELETED> ``(3) Evaluation.--</DELETED>
<DELETED> ``(A) In general.--Each year, the
Commissioner shall--</DELETED>
<DELETED> ``(i) evaluate, on an annual
basis, the extent to which the strategy
developed and implemented under paragraph (1)
has improved the hiring and retention ability
of the Commissioner; and</DELETED>
<DELETED> ``(ii) make any appropriate
updates to the strategy under paragraph
(1).</DELETED>
<DELETED> ``(B) Information.--The evaluation
conducted under subparagraph (A) shall include--
</DELETED>
<DELETED> ``(i) any reduction in the time
taken by the Commissioner to fill mission-
critical positions in rural or remote
areas;</DELETED>
<DELETED> ``(ii) a general assessment of the
impact of the strategy implemented under
paragraph (1) on hiring challenges in rural or
remote areas; and</DELETED>
<DELETED> ``(iii) other information the
Commissioner determines relevant.</DELETED>
<DELETED> ``(g) Limitation on Use of Polygraphs.--</DELETED>
<DELETED> ``(1) In general.--If an applicant for a position
in U.S. Customs and Border Protection does not successfully
complete a polygraph examination required for appointment to
that position, 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 employer.</DELETED>
<DELETED> ``(2) Disclosures.--</DELETED>
<DELETED> ``(A) In general.--The Commissioner shall
provide each applicant for a position in U.S. 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 of, or events relating to, the applicant that
could disqualify the applicant from being appointed to
the position, which may include--</DELETED>
<DELETED> ``(i) the criteria for making a
suitability determination under part 731 of
title 5, Code of Federal Regulations (or any
successor regulation); or</DELETED>
<DELETED> ``(ii) the criteria for making an
eligibility determination under part 732 of
title 5, Code of Federal Regulations (or any
successor regulation).</DELETED>
<DELETED> ``(B) List requirements.--When providing
the list required under subparagraph (A), the
Commissioner shall clearly inform all applicants that
the list may not constitute the complete list of
potential disqualifying actions, conduct, or
events.</DELETED>
<DELETED> ``(3) Use of polygraphs.--Paragraph (1) shall
not--</DELETED>
<DELETED> ``(A) 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 officials;</DELETED>
<DELETED> ``(B) limit the authority of the
Commissioner to use the results of a polygraph
examination administered as a requirement for
appointment to a position in U.S. Customs and Border
Protection, in whole or in part, in determining whether
to appoint the individual to the position; or</DELETED>
<DELETED> ``(C) 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 U.S. Customs and Border
Protection, in whole or in part, in determining whether
to appoint the individual to a position in the agency
or component.</DELETED>
<DELETED> ``(h) 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
2301.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--The table of
sections for chapter 97 of title 5, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED>``9702. U.S. Customs and Border Protection employment
authorities.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Customs and Border Protection
Hiring and Retention Act of 2017'' or the ``CBP HiRe Act''.
SEC. 2. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection employment authorities
``(a) Definitions.--In this section--
``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection;
``(2) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(3) the term `Director' means the Director of the Office
of Personnel Management;
``(4) 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 census; and
``(5) the term `Secretary' means the Secretary of Homeland
Security.
``(b) Demonstration of Recruitment and Retention Difficulties in
Rural or Remote Areas.--
``(1) In general.--For purposes of subsections (c) and (d),
the Secretary shall determine, for a rural or remote area,
whether there is--
``(A) a critical hiring need in the area; and
``(B) a direct relationship between--
``(i) the rural or remote nature of the
area; and
``(ii) difficulty in the recruitment and
retention of CBP employees in the area.
``(2) Factors.--To inform the determination of a direct
relationship under paragraph (1)(B), the Secretary may consider
evidence--
``(A) that the Secretary--
``(i) is unable to efficiently and
effectively recruit individuals for positions
as CBP employees, which may be demonstrated
with various types of evidence, including--
``(I) evidence that multiple
positions have been continuously vacant
for significantly longer than the
national average period for which
similar positions in U.S. Customs and
Border Protection are vacant; and
``(II) recruitment studies that
demonstrate the inability of the
Secretary to efficiently and
effectively recruit CBP employees for
positions in the area; or
``(ii) experiences a consistent inability
to retain CBP employees that negatively impacts
agency operations at a local or regional level;
or
``(B) of any other inability, directly related to
recruitment or retention difficulties, that the
Secretary determines sufficient.
``(c) Direct Hire Authority; Recruitment and Relocation Bonuses;
Retention Bonuses.--
``(1) Direct hire authority.--
``(A) In general.--The Secretary may appoint,
without regard to any provision of sections 3309
through 3319, candidates to positions in the
competitive service as CBP employees, in a rural or
remote area, if the Secretary--
``(i) determines that--
``(I) there is a critical hiring
need; and
``(II) there exists a severe
shortage of qualified candidates
because of the direct relationship
identified by the Secretary under
subsection (b)(1)(B) of this section
between--
``(aa) the rural or remote
nature of the area; and
``(bb) difficulty in the
recruitment and retention of
CBP employees in the area; and
``(ii) has given public notice for the
positions.
``(B) Prioritization of hiring veterans.--If the
Secretary uses the direct hiring authority under
subparagraph (A), the Secretary shall apply the
principles of preference for the hiring of veterans
established under subchapter I of chapter 33.
``(2) Recruitment and relocation bonuses.--The Secretary
may pay a bonus to an individual (other than an individual
described in subsection (a)(2) of section 5753) if--
``(A) the Secretary determines that--
``(i) conditions consistent with the
conditions described in paragraphs (1) and (2)
of subsection (b) of such section 5753 are
satisfied with respect to the individual
(without regard to any other provision of that
section); and
``(ii) the position to which the individual
is appointed or to which the individual moves
or must relocate--
``(I) is a position as a CBP
employee; and
``(II) is in a rural or remote area
for which the Secretary has identified
a direct relationship under subsection
(b)(1)(B) of this section between--
``(aa) the rural or remote
nature of the area; and
``(bb) difficulty in the
recruitment and retention of
CBP employees in the area; and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(3) Retention bonuses.--The Secretary may pay a retention
bonus to a CBP employee (other than an individual described in
subsection (a)(2) of section 5754) if--
``(A) the Secretary determines that--
``(i) a condition consistent with the
condition described in subsection (b)(1) of
such section 5754 is satisfied with respect to
the CBP employee (without regard to any other
provision of that section);
``(ii) the CBP employee is employed in a
rural or remote area for which the Secretary
has identified a direct relationship under
subsection (b)(1)(B) of this section between--
``(I) the rural or remote nature of
the area; and
``(II) difficulty in the
recruitment and retention of CBP
employees in the area; and
``(iii) in the absence of a retention
bonus, the CBP employee would be likely to
leave--
``(I) the Federal service; or
``(II) for a different position in
the Federal service, including a
position in another agency or component
of the Department of Homeland Security;
and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(4) Rules for bonuses.--
``(A) Maximum bonus.--A bonus paid to an employee
under--
``(i) paragraph (2) may not exceed 100
percent of the annual rate of basic pay of the
employee as of the commencement date of the
applicable service period; and
``(ii) paragraph (3) may not exceed 50
percent of the annual rate of basic pay of the
employee as of the commencement date of the
applicable service period.
``(B) Relation to basic pay.--A bonus paid to an
employee under paragraph (2) or (3) shall not be
considered part of the basic pay of the employee for
any purpose.
``(5) OPM oversight.--The Director shall, to the extent
practicable--
``(A) 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 determination; and
``(B) oversee the compliance of the Secretary with
this subsection.
``(d) Special Pay Authority.--In addition to the circumstances
described in subsection (b) of section 5305, 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 are, or
are likely to become, significantly handicapped because the positions
are located in a rural or remote area for which the Secretary has
identified a direct relationship under subsection (b)(1)(B) of this
section between--
``(1) the rural or remote nature of the area; and
``(2) difficulty in the recruitment and retention of CBP
employees in the area.
``(e) Regular CBP Review.--
``(1) Ensuring flexibilities meet cbp needs.--Each year,
the Secretary shall review the use of hiring flexibilities
under subsections (c) and (d) to fill positions at a location
in a rural or remote area to determine--
``(A) the impact of the use of those flexibilities
on solving hiring and retention challenges at the
location;
``(B) whether hiring and retention challenges still
exist at the location; and
``(C) whether the Secretary needs to continue to
use those flexibilities at the location.
``(2) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider--
``(A) whether any CBP employee accepted an
employment incentive under subsection (c) or (d) and
then transferred to a new location or left U.S. Customs
and Border Protection; and
``(B) the length of time that each employee
identified under subparagraph (A) stayed at the
original location before transferring to a new location
or leaving U.S. Customs and Border Protection.
``(3) Distribution.--The Secretary shall submit to Congress
a report on each review required under paragraph (1).
``(f) Improving CBP Hiring and Retention.--
``(1) Education of cbp hiring officials.--Not later than
180 days after the date of enactment of the U.S. Customs and
Border Protection Hiring and Retention Act of 2017, and in
conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Secretary shall develop
and implement a strategy to improve education regarding hiring
and human resources flexibilities (including hiring and human
resources flexibilities for locations in rural or remote areas)
for all employees, serving in agency headquarters or field
offices, who are involved in the recruitment, hiring,
assessment, or selection of candidates for locations in a rural
or remote area, as well as the retention of current employees.
``(2) Elements.--Elements of the strategy under paragraph
(1) shall include the following:
``(A) Developing or updating training and
educational materials on hiring and human resources
flexibilities for employees who are involved in the
recruitment, hiring, assessment, or selection of
candidates, as well as the retention of current
employees.
``(B) Regular training sessions for personnel who
are critical to filling open positions in rural or
remote areas.
``(C) The development of pilot programs or other
programs, as appropriate, to address identified hiring
challenges in rural or remote areas.
``(D) Developing and enhancing strategic recruiting
efforts through relationships with institutions of
higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), veterans
transition and employment centers, and job placement
program in regions that could assist in filling
positions in rural or remote areas.
``(E) 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 area.
``(F) Feedback from individuals who are candidates
or new hires at locations in a rural or remote area,
including feedback on the quality of life in rural or
remote areas for new hires and their families.
``(G) Feedback from CBP employees, other than new
hires, who are stationed at locations in a rural or
remote area, including feedback on the quality of life
in rural or remote areas for those CBP employees and
their families.
``(H) Evaluation of Department of Homeland Security
internship programs and the usefulness of those
programs in improving hiring by the Secretary in rural
or remote areas.
``(3) Evaluation.--
``(A) In general.--Each year, the Secretary shall
--
``(i) evaluate the extent to which the
strategy developed and implemented under
paragraph (1) has improved the hiring and
retention ability of the Secretary; and
``(ii) make any appropriate updates to the
strategy under paragraph (1).
``(B) Information.--The evaluation conducted under
subparagraph (A) shall include--
``(i) any reduction in the time taken by
the Secretary to fill mission-critical
positions in rural or remote areas;
``(ii) a general assessment of the impact
of the strategy developed and implemented under
paragraph (1) on hiring challenges in rural or
remote areas; and
``(iii) other information the Secretary
determines relevant.
``(g) Inspector General Review.--Not later than 2 years after the
date of enactment of the U.S. Customs and Border Protection Hiring and
Retention Act of 2017, the Inspector General of the Department of
Homeland Security shall review the use of hiring flexibilities by the
Secretary under subsections (c) and (d) to determine whether the use of
those flexibilities is helping the Secretary meet hiring and retention
needs in rural and remote areas.
``(h) 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
U.S. Customs and Border Protection that includes the results of a
polygraph examination.
``(i) Exercise of Authority.--
``(1) Sole discretion.--The exercise of authority under
subsection (c) shall be subject to the sole and exclusive
discretion of the Secretary (or the Commissioner, as applicable
under paragraph (2) of this subsection), notwithstanding
chapter 71.
``(2) Delegation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may delegate any authority under this section
to the Commissioner.
``(B) Oversight.--The Commissioner may not make a
determination under subsection (b)(1) unless the
Secretary approves the determination.
``(j) 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 2301.
``(k) Sunset.--The authorities under subsections (c) and (d) shall
terminate on the date that is 5 years after the date of enactment of
the U.S. Customs and Border Protection Hiring and Retention Act of
2017.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 5, United States Code, is amended by adding at the
end the following:
``9702. U.S. Customs and Border Protection employment authorities.''.
Calendar No. 447
115th CONGRESS
2d Session
S. 1305
[Report No. 115-270]
_______________________________________________________________________
A BILL
To provide U.S. Customs and Border Protection with adequate flexibility
in its employment authorities.
_______________________________________________________________________
June 7, 2018
Reported with an amendment