Sec. 403. U.S. Customs and Border Protection retention incentives
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Chapter 97 of title 5, United States Code, is amended by adding at the end the following: In this section— the term CBP employee means an employee of U.S. Customs and Border Protection; the term Commissioner means the Commissioner of U.S. Customs and Border Protection; the term Director means the Director of the Office of Personnel Management; the term Secretary means the Secretary of Homeland Security; and the term appropriate congressional committees means the Committee on Oversight and Reform, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate.
The Secretary may appoint, without regard to sections 3309 through 3319, candidates to positions in the competitive service within U.S. Customs and Border Protection if the Secretary has given public notice of such positions before making any such appointment. The Secretary may pay a recruitment or relocation bonus of up to 50 percent of the annual rate of basic pay to an individual CBP employee as of the first day of the applicable service period (as prescribed by a written service agreement described in subparagraph (B)) multiplied by the number of years (including a fractional part of a year) in the service period if— the Secretary determines that conditions consistent with the conditions described in paragraphs
(1)and
(2)of subsection
(b)of section 5753 are satisfied with respect to the individual (without regard to the regulations referenced in subsection (b)(2)(B)(ii)(I)); and the individual enters into a written service agreement with the Secretary— under which the individual is required to complete a period of employment as a CBP employee of not less than 2 years; and that includes— the commencement and termination dates of the required service period (or provisions for the determination thereof); the amount of the bonus; and other terms and conditions under which the bonus is payable, subject to the requirements of this subsection, including— the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and the effect of a termination described in item (aa). The Secretary may pay a retention bonus of up to 50 percent of the annual rate of basic pay to an individual CBP employee if— the Secretary determines that— a condition consistent with the condition described in subsection (b)(1) of section 5754 is satisfied with respect to the CBP employee; and in the absence of a retention bonus, the CBP employee would be likely to leave— the Federal service; or for a different position in the Federal service, including a position in another agency or component of the Department of Homeland Security; and the CBP employee enters into a written service agreement with the Secretary— under which the employee is required to complete a period of employment as a CBP employee of not less than 2 years; and that includes— the commencement and termination dates of the required service period (or provisions for the determination thereof); the amount of the bonus; and other terms and conditions under which the bonus is payable, subject to the requirements of this subsection, including— the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and the effect of a termination described in item (aa). A CBP employee may not receive a total amount of bonuses under paragraph
(2)in excess of 100 percent of the annual rate of basic pay of the employee as of the first day of the applicable service period. A bonus paid to any CBP employee under paragraph
(3)may not exceed 50 percent of the annual rate of basic pay of the employee. A bonus paid under paragraph
(2)or
(3)shall not be considered part of the basic pay of the CBP employee for any purpose, including for retirement or in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552. A bonus paid under paragraph
(3)may not be based on any period of such service which is the basis for a recruitment or relocation bonus under paragraph (2). A bonus paid under paragraph
(2)or
(3)may not be based on any period of service which is the basis for a recruitment or relocation bonus under section 5753 or a retention bonus under section 5754. No bonus may be paid— under paragraph
(2)to any individual described in section 5753(a)(2); or under paragraph
(3)to any individual described in section 5754(a)(2). In addition to the circumstances described in subsection
(b)of section 5305, the Director of the Office of Personnel Management may establish special rates of pay in accordance with that section to assist the Secretary in meeting staffing levels as described in section 401. The Director shall prioritize the consideration of requests from the Secretary for such special rates of pay and issue a decision as soon as practicable. The Secretary shall provide such information to the Director as the Director deems necessary to evaluate special rates of pay under this subsection. Not later than September 30 of each year that the authorities under subsections
(b)and
(c)are in effect, the Secretary shall provide a report to the Director on U.S. Customs and Border Protection’s use of such authorities. In each report, the Secretary shall provide such information as the Director determines is appropriate to ensure appropriate use of authorities under such subsections. Each report shall also include an assessment of— the impact of the use of authorities under subsections
(b)and
(c)on implementation of meeting staffing levels as described in section 401; whether the authorities solved hiring and retention challenges at the agency, including at specific locations; whether hiring and retention challenges still exist at the agency or specific locations; and whether the Secretary needs to continue to use authorities provided under this section at the agency or at specific locations. In compiling a report under paragraph (1), the Secretary shall consider— whether any CBP employee accepted an employment incentive under subsections
(b)and
(c)and then transferred to a new location or left U.S. Customs and Border Protection; and 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. In addition to the Director, the Secretary shall submit each report required under this subsection to the appropriate congressional committees. If the Director determines the Secretary has inappropriately used authorities under subsection
(b)or (c), the Director shall notify the Secretary and the appropriate congressional committees in writing. Upon receipt of a notification under paragraph (1), the Secretary may not make any new appointment or issue any new bonus under subsection (b), or provide any CBP employee with further special rates of pay, until the Director has provided the Secretary and the appropriate congressional committees a written notice stating the Director is satisfied safeguards are in place to prevent further inappropriate use. The prohibition under paragraph
(2)shall not apply to any bonus under subsection
(b)due to a CBP employee pursuant to a written service agreement entered into before the date of receipt of a notification under such paragraph. Not later than 180 days after the date of the enactment of this section, 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 the training 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. Elements of the strategy under paragraph
(1)shall include the following: 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. Regular training sessions for personnel who are critical to filling open positions in rural or remote areas. The development of pilot programs or other programs, as appropriate, consistent with authorities provided to the Secretary to address identified hiring challenges, including in rural or remote areas. Developing and enhancing strategic recruiting efforts through the 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. 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. 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. 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. Feedback in the form of an exit interview from CBP employees who have decided to voluntarily leave the agency. 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. Not later than one year after developing and implementing the strategy under paragraph
(1)and each of the four years thereafter, the Secretary shall— evaluate the extent to which the strategy developed and implemented under such paragraph has improved the hiring and retention ability of the Secretary; and make any appropriate updates to the strategy under such paragraph. The evaluation conducted under subparagraph
(A)shall include the following: Any reduction in the time taken by the Secretary to fill mission-critical positions, including in rural or remote areas. A general assessment of the impact of the strategy implemented under paragraph
(1)on hiring challenges, including in rural or remote areas. Other information the Secretary determines relevant. Not later than two years after the date of the enactment of this section, the Inspector General of the Department of Homeland Security shall review the use of hiring and pay flexibilities under subsections
(b)and
(c)to determine whether the use of such flexibilities is helping the Secretary meet hiring and retention needs, including in rural and remote areas. The Secretary shall report to the appropriate congressional committees 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. The exercise of authority under subsection
(b)shall be subject to the sole and exclusive discretion of the Secretary (or the Commissioner of U.S. Customs and Border Protection, as applicable under paragraph
(2)of this subsection), notwithstanding chapter 71 and any collective bargaining agreement. The Secretary may delegate any authority under this section to the Commissioner. Nothing in this section may be construed to exempt the Secretary or the Director from applicability of the merit system principles under section 2301. The authorities under subsections
(b)and
(c)shall terminate on September 30, 2024. Any bonus to be paid pursuant to subsection
(b)that is approved before such date may continue until such bonus has been paid, subject to the conditions specified in this section. . The table of sections for chapter 97 of title 5, United States Code, is amended by adding at the end the following new item: 9702. U.S. Customs and Border Protection temporary employment authorities. .
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Sec. 403
U.S. Customs and Border Protection retention incentives
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