S. 1305Senate115th Congress (2017-2019)Passed Senate

CBP HiRe Act

Sponsored by Jeff FlakeSen. Jeff Flake (R-AZ)
Introduced June 7, 2017

AI-Generated Summary

Updated April 15, 2026 at 4:19 PM UTC

The CBP HiRe Act gives U.S. Customs and Border Protection new flexibility to hire and keep staff in rural or remote locations. It lets the Secretary of Homeland Security bypass normal competitive hiring rules, offer bonuses and special pay, and require annual reviews of these hiring tools. The law is aimed at improving recruitment and retention of CBP employees in hard‑to‑staff areas.

Key Provisions

  • Defines key terms such as “CBP employee,” “rural or remote area,” and who makes hiring decisions.
  • Allows the Secretary to declare a critical hiring need in a rural/remote area and use direct‑hire authority, ignoring standard competitive service rules.
  • Authorizes recruitment/relocation bonuses (up to 100% of annual salary) and retention bonuses (up to 50% of annual salary) for employees who sign a minimum two‑year service agreement.
  • Requires the Office of Personnel Management to oversee and, if necessary, set aside the Secretary’s determinations.
  • Permits the Director of Personnel Management to establish special pay rates for positions in qualifying rural/remote areas.
  • Mandates yearly reviews of the hiring flexibilities, reporting to Congress on their impact and effectiveness.
  • Calls for a training and outreach strategy to educate CBP hiring officials and develop recruitment partnerships.
  • Requires an Inspector General review within two years and sets a five‑year sunset for the new hiring authorities.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

8 earlier actions
HouseIntro Referral Latest Action

Referred to the House Committee on Oversight and Government Reform.

October 12, 2018

View full timeline
SenateIntro Referral

Introduced in Senate

June 7, 2017

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S3329-3330)

June 7, 2017

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

October 4, 2017

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-270.

June 7, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 447.

June 7, 2018

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S6774-6775; text: CR S6774-6775)

October 10, 2018

SenateFloor

Message on Senate action sent to the House.

October 11, 2018

HouseFloor

Received in the House.

October 12, 2018 • 9:33 AM

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

October 12, 2018

Floor Debate

23 members

What members said about S. 1305 on the floor

5 Republicans18 Democrats
Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, I rise today to speak…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the most important words in our Constitution are the first three--``We the People''--written in…

Heidi  Heitkamp
Sen. Heidi HeitkampD-ND · Jun 7, 2017

Mr. President, I thank my good friend the Senator from Minnesota. She just exists to the east of me. We share a common border, but we also share a common belief that Washington is not devoid of…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 7, 2017

Mr. President, I rise today to introduce the Affordable Health Insurance for the Middle Class Act, a common sense fix to improve affordability of health insurance on the individual market. I am…

John Barrasso
Sen. John BarrassoR-WY · Jun 7, 2017

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, for a number of years, we have been debating healthcare in this country. Clearly, our…

Show 8 more
Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, Donald Trump has decided to withdraw the United States from the Paris Agreement on climate…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, it is nice to see the Presiding Officer in the Chair. Because he is a student of history, I know…

Robert Menendez
Sen. Robert MenendezD-NJ · Jun 7, 2017

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I rise today in strong support of the Countering Iran's Destabilizing Activities Act of…

John McCain
Sen. John McCainR-AZ · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise in support of Countering Iran's Destabilizing Activities Act of 2017. For too long, a…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I understand that we had originally scheduled for, in about 1 minute, a vote on cloture on the…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jun 7, 2017

Mr. President, I want to first thank my friend and colleague, the senior Senator from Minnesota, Ms. Klobuchar. She is a very important part of our Senate Agriculture, Nutrition, and Forestry…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Jun 7, 2017

Mr. President, I rise today to join my colleagues to speak about the need to ensure that the policies that we make in this Chamber work for and support rural America. Senators Stabenow, Heitkamp, and…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this body has a dual obligation--to ensure that there are sanctions against Iran for its…

Show 11 more
Ron Wyden
Sen. Ron WydenD-OR · Jun 7, 2017

Mr. President, I ask unanimous consent to bring two baskets of hemp products onto the floor of this body. Mr. President, this is National Hemp History Week, a chance to recognize a product that has…

Bill Cassidy
Sen. Bill CassidyR-LA · Jun 7, 2017

Mr. President, I thank my colleague from New York for yielding, as well as for the tremendous work she and our staffs have done together on the Flood Insurance Affordability and Sustainability Act of…

Jeff Flake
Sen. Jeff FlakeR-AZ · Jun 7, 2017

Mr. President, I rise to speak in support of the Customs and Border Protection Hiring and Retention Act, or CBP HiRe Act. In recent years, U.S. Customs and Border Protection, or CBP, has had a lot of…

Jeff Flake
Sen. Jeff FlakeR-AZ · Jun 7, 2017

Mr. President, I rise to speak in support of the Customs and Border Protection Hiring and Retention Act, or CBP HiRe Act. In recent years, U.S. Customs and Border Protection, or CBP, has had a lot of…

Gary C. Peters
Sen. Gary C. PetersD-MI · Jun 7, 2017

Mr. President, I rise to speak about legislation I am introducing with my colleague from Michigan Senator Stabenow to authorize funding for a new Soo Lock. Since 1855, locks at the St. Mary's River…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jun 7, 2017

Mr. President, this week, I am introducing a bill known as the Trafficking Victims Protection Act of 2017. I want to thank Senators Feinstein, Cornyn, Klobuchar, Corker and Rubio for joining as…

Kirsten E. Gillibrand
Sen. Kirsten E. GillibrandD-NY · Jun 7, 2017

Mr. President, I thank the senior Senator from Louisiana for working with me on the flood insurance bill that we are introducing today. This issue is so important to both of our States because both…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 7, 2017

Mr. President, I voted no today on the motion to invoke cloture on the motion to proceed to consideration of S. 722, the Iran sanctions bill. I did so not because I oppose the underlying bill and the…

Christopher Murphy
Sen. Christopher MurphyD-CT · Jun 7, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I come to the floor very briefly to make what, I hope, is a reasonable recommendation to my…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 7, 2017

Mr. President, founded more than two centuries ago, Vermont boasts a trove of historically preserved buildings, structures, and towns. These are part of our heritage, and our State's character.…

Tim Kaine
Sen. Tim KaineD-VA · Jun 7, 2017

Mr. President. Today I am introducing a bipartisan bill to make the process of siting natural gas pipelines fairer and more transparent. For some time now, I have been listening to Virginians with…

Bill Text

4 versions available

Reading Mode
Latest
Referred in HouseIssued October 12, 2018

IC

115th CONGRESS

2d Session

S. 1305

IN THE HOUSE OF REPRESENTATIVES

October 12, 2018

Referred to the Committee on Oversight and Government Reform

AN ACT

To provide U.S. Customs and Border Protection with adequate flexibility in its employment authorities.

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.

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:

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.

.

Passed the Senate October 10, 2018.

Julie E. Adams,

Secretary