[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7369 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7369
To provide U.S. Customs and Border Protection with adequate flexibility
in its employment authorities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Ciscomani (for himself and Mr. Stanton) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Customs and Border Protection
Hiring and Retention Act of 2024'' or the ``CBP HiRe Act of 2024''.
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 2024 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 2024, 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) Delegation.--
``(1) In general.--Subject to paragraph (2), the Secretary
may delegate any authority under this section to the
Commissioner.
``(2) 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
2024.''.
(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.''.
(c) Update.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall update
the U.S. Customs and Border Protection Office of Field Operations staff
model to take into account changes to mission requirements in a post-
COVID era and conditions at the Ports of Entry.
(d) Sense of Congress on Student Loan Repayments.--It is the sense
of the Congress that any employee hired pursuant to section 9702 of
title 5, United States Code, as added by subsection (a) of this Act,
should receive student loan repayments under section 5379 of such
title.
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