[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1112-S1113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1995. Ms. HEITKAMP submitted an amendment intended to be proposed
by her to the bill H.R. 2579, to amend the Internal Revenue Code of
1986 to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. U.S. CUSTOMS AND BORDER PROTECTION HIRING AND
RETENTION.
(a) Short Title.--This section may be cited as the ``U.S.
Customs and Border Protection Hiring and Retention Act of
2018'' or the ``CBP HiRe Act''.
(b) Flexibility in Employment Authorities.--
(1) 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; or
``(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--
[[Page S1113]]
``(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 1 or more areas or locations
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 2018, 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
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 2018, 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 Patrol
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 2018.''.
(2) 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.''.
______