I 

118TH CONGRESS 

2D SESSION H. R. 8497 

To provide the Secretary of Homeland Security certain direct hiring 

authorities. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2024 

Mr. GALLEGO introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide the Secretary of Homeland Security certain direct 

hiring authorities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DIRECT HIRE AUTHORITY. 

4 (a) USCIS DIRECT HIRE AUTHORITY.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security may appoint, without regard to the provi7 sions of sections 3309 through 3319 of title 5, 

8 United States Code, candidates needed for positions 

9 within the Refugee, Asylum and International OperVerDate Sep 11 2014 03:39 Jul 04, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8497.IH H8497

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1 ations Directorate, the Field Operations Directorate, 

2 and the Service Center Operations Directorate of 

3 U.S. Citizenship and Immigration Services for 

4 which— 

5 (A) public notice has been given; 

6 (B) the Secretary has determined that a 

7 critical hiring need exists; and 

8 (C) the Secretary has consulted with the 

9 Director of the Office of Personnel Management 

10 regarding— 

11 (i) the positions for which the Sec12 retary plans to recruit; 

13 (ii) the quantity of candidates Sec14 retary is seeking; and 

15 (iii) the assessment and selection poli16 cies the Secretary plans to utilize. 

17 (2) DEFINITION OF CRITICAL HIRING NEED.— 

18 In this subsection, the term ‘‘critical hiring need’’ 

19 means personnel necessary for the implementation of 

20 this Act and associated work. 

21 (3) REPORTING.—Not later than 1 year after 

22 the date of enactment of this Act, and annually 

23 thereafter for the following 4 years, the Secretary of 

24 Homeland Security, in consultation with the DirecVerDate Sep 11 2014 03:39 Jul 04, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8497.IH H8497

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1 tor of the Office of Personnel Management, shall 

2 submit to Congress a report that includes— 

3 (A) demographic data, including veteran 

4 status, regarding individuals hired pursuant to 

5 the authority under paragraph (1); 

6 (B) salary information of individuals hired 

7 pursuant to such authority; and 

8 (C) how the Department of Homeland Se9 curity exercised such authority consistently with 

10 merit system principles. 

11 (4) SUNSET.—The authority to make an ap12 pointment under this subsection shall terminate on 

13 the date that is 5 years after the date of the enact14 ment of this Act. 

15 (b) ICE DIRECT HIRE AUTHORITY.— 

16 (1) IN GENERAL.—The Secretary of Homeland 

17 Security may appoint, without regard to the provi18 sions of sections 3309 through 3319 of title 5, 

19 United States Code, candidates needed for positions 

20 within Enforcement and Removal Operations of U.S. 

21 Immigration and Customs Enforcement as a depor22 tation officer or with duties exclusively relating to 

23 the Enforcement and Removal, Custody Operations, 

24 Alternatives to Detention, or Transportation and 

25 Removal program for which— 


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1 (A) public notice has been given; 

2 (B) the Secretary has determined that a 

3 critical hiring need exists; and 

4 (C) the Secretary has consulted with the 

5 Director of the Office of Personnel Management 

6 regarding— 

7 (i) the positions for which the Sec8 retary plans to recruit; 

9 (ii) the quantity of candidates the 

10 Secretary is seeking; and 

11 (iii) the assessment and selection poli12 cies the Secretary plans to utilize. 

13 (2) DEFINITION OF CRITICAL HIRING NEED.— 

14 In this subsection, the term ‘‘critical hiring need’’ 

15 means personnel necessary for the implementation of 

16 this Act and associated work. 

17 (3) REPORTING.—Not later than 1 year after 

18 the date of the enactment of this Act, and annually 

19 thereafter for the following 4 years, the Secretary of 

20 Homeland Security, in consultation with the Direc21 tor of the Office of Personnel Management, shall 

22 submit to Congress a report that includes— 

23 (A) demographic data, including veteran 

24 status, regarding individuals hired pursuant to 

25 the authority under paragraph (1); 


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1 (B) salary information of individuals hired 

2 pursuant to such authority; and 

3 (C) how the Department of Homeland Se4 curity exercised such authority consistently with 

5 merit system principles. 

6 (4) SUNSET.—The authority to make an ap7 pointment under this subsection shall terminate on 

8 the date that is 5 years after the date of the enact9 ment of this Act. 

Æ 


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