Sec. 5. Direct hire authority for Homeland Security Investigations
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Except as provided in paragraph (2), the head of Homeland Security Investigations may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, United States Code, qualified candidates to the positions described in section 2(a). The authority under paragraph
(1)shall not be available to the head if, during any period, at least 97 percent of such positions are occupied. Not later than 1 year after the date of the enactment of this Act and for each of the 4 following years, the head of Homeland Security Investigations shall submit a report to the Committee on the Judiciary and the Committee on Oversight and Accountability of the House of Representatives, the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, and any other relevant congressional committee of jurisdiction. Each such report shall include the following: The total number of individuals appointed by the head under this section during the preceding year. How the direct hiring authority under this section is being used by the head.