322 
assign to duty, in addition to the officers and agents au-
thorized under subsections (a) through (g), 631 U.S. Cus-
toms and Border Protection agricultural specialists to 
ports of entry along the southern border and the northern 
border. 
(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
Not later than September 30, 2022, the Commissioner 
shall hire, train, and assign sufficient Office of Profes-
sional Responsibility special agents to maintain an active 
duty presence of not fewer than 550 full-time equivalent 
special agents. 
(j) U.S. CUSTOMS AND BORDER PROTECTION OF-
FICE OF INTELLIGENCE.—Not later than September 30, 
2022, the Commissioner shall hire, train, and assign suffi-
cient Office of Intelligence personnel to maintain not fewer 
than 700 full-time equivalent employees. 
(k) GAO REPORT.—If the staffing levels required 
under this section are not achieved by September 30, 
2022, the Comptroller General of the United States shall 
conduct a review of the reasons why such levels were not 
achieved. 
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SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RE-
TENTION INCENTIVES. 
(a) IN GENERAL.—Chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 9702. U.S. Customs and Border Protection tem-
porary employment authorities 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘CBP employee’ means an em-
ployee of U.S. Customs and Border Protection de-
scribed under any of subsections (a) through (h) of 
section 1131 of the Border Security for America Act 
of 2018; 
‘‘(2) the term ‘Commissioner’ means the Com-
missioner of U.S. Customs and Border Protection; 
‘‘(3) the term ‘Director’ means the Director of 
the Office of Personnel Management; 
‘‘(4) the term ‘Secretary’ means the Secretary 
of Homeland Security; and 
‘‘(5) the term ‘appropriate congressional com-
mittees’ means the Committee on Oversight and 
Government 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. 
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‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND 
RELOCATION BONUSES; RETENTION BONUSES.— 
‘‘(1) STATEMENT
OF
PURPOSE
AND
LIMITA-
TION.—The purpose of this subsection is to allow 
U.S. Customs and Border Protection to expedi-
tiously meet the hiring goals and staffing levels re-
quired by section 1131 of the Border Security for 
America Act of 2018. The Secretary shall not use 
this authority beyond meeting the requirements of 
such section. 
‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 
may appoint, without regard to any provision of sec-
tions 3309 through 3319, candidates to positions in 
the competitive service as CBP employees if the Sec-
retary has given public notice for the positions. 
‘‘(3) RECRUITMENT
AND
RELOCATION
BO-
NUSES.—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 at 
the beginning of the service period multiplied by the 
number of years (including a fractional part of a 
year) in the required service period to an individual 
(other than an individual described in subsection 
(a)(2) of section 5753) if— 
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‘‘(A) the Secretary determines that condi-
tions 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 the regula-
tions referenced in subsection (b)(2)(B(ii)(I) of 
such section or to any other provision of that 
section); and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination 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— 
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‘‘(aa) the conditions under 
which the agreement may be ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(4) RETENTION
BONUSES.—The Secretary 
may pay a retention bonus of up to 50 percent of 
basic pay to an individual CBP employee (other than 
an individual described in subsection (a)(2) of sec-
tion 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) 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 posi-
tion in another agency or component 
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327 
of the Department of Homeland Secu-
rity; and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination 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 ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
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‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(5) RULES FOR BONUSES.— 
‘‘(A) MAXIMUM BONUS.—A bonus paid to 
an employee under— 
‘‘(i) paragraph (3) 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 (4) may not exceed 50 
percent of the annual rate of basic pay of 
the employee. 
‘‘(B) RELATIONSHIP
TO
BASIC
PAY.—A 
bonus paid to an employee under paragraph (3) 
or (4) shall not be considered part of the basic 
pay of the employee for any purpose, including 
for retirement or in computing a lump-sum pay-
ment to the covered employee for accumulated 
and accrued annual leave under section 5551 or 
section 5552. 
‘‘(C) PERIOD OF SERVICE FOR RECRUIT-
MENT, 
RELOCATION, 
AND
RETENTION
BO-
NUSES.— 
‘‘(i) A bonus paid to an employee 
under paragraph (4) may not be based on 
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329 
any period of such service which is the 
basis for a recruitment or relocation bonus 
under paragraph (3). 
‘‘(ii) A bonus paid to an employee 
under paragraph (3) or (4) 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. 
‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir-
cumstances described in subsection (b) of section 5305, 
the Director may establish special rates of pay in accord-
ance with that section to assist the Secretary in meeting 
the requirements of section 1131 of the Border Security 
for America Act of 2018. The Director shall prioritize the 
consideration of requests from the Secretary for such spe-
cial rates of pay and issue a decision as soon as prac-
ticable. The Secretary shall provide such information to 
the Director as the Director deems necessary to evaluate 
special rates of pay under this subsection. 
‘‘(d) OPM OVERSIGHT.— 
‘‘(1) Not later than September 30 of each year, 
the Secretary shall provide a report to the Director 
on U.S. Customs and Border Protection’s use of au-
thorities provided under subsections (b) and (c). In 
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330 
each report, the Secretary shall provide such infor-
mation as the Director determines is appropriate to 
ensure appropriate use of authorities under such 
subsections. Each report shall also include an assess-
ment of— 
‘‘(A) the impact of the use of authorities 
under subsections (b) and (c) on implementa-
tion of section 1131 of the Border Security for 
America Act of 2018; 
‘‘(B) solving hiring and retention chal-
lenges at the agency, including at specific loca-
tions; 
‘‘(C) whether hiring and retention chal-
lenges still exist at the agency or specific loca-
tions; and 
‘‘(D) whether the Secretary needs to con-
tinue to use authorities provided under this sec-
tion at the agency or at specific locations. 
‘‘(2) CONSIDERATION.—In compiling a report 
under paragraph (1), the Secretary shall consider— 
‘‘(A) whether any CBP employee accepted 
an employment incentive under subsection (b) 
and (c) and then transferred to a new location 
or left U.S. Customs and Border Protection; 
and 
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331 
‘‘(B) the length of time that each employee 
identified under subparagraph (A) stayed at the 
original location before transferring to a new lo-
cation or leaving U.S. Customs and Border 
Protection. 
‘‘(3) DISTRIBUTION.—In addition to the Direc-
tor, the Secretary shall submit each report required 
under this subsection to the appropriate congres-
sional committees. 
‘‘(e) OPM ACTION.—If the Director determines the 
Secretary has inappropriately used authorities under sub-
section (b) or a special rate of pay provided under sub-
section (c), the Director shall notify the Secretary and the 
appropriate congressional committees in writing. Upon re-
ceipt of the notification, the Secretary may not make any 
new appointments or issue any new bonuses under sub-
section (b), nor provide CBP employees with further spe-
cial rates of pay, until the Director has provided the Sec-
retary and the appropriate congressional committees a 
written notice stating the Director is satisfied safeguards 
are in place to prevent further inappropriate use. 
‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 
‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 
Not later than 180 days after the date of the enact-
ment of this section, and in conjunction with the 
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332 
Chief Human Capital Officer of the Department of 
Homeland Security, the Secretary shall develop and 
implement a strategy to improve the education re-
garding hiring and human resources flexibilities (in-
cluding 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 em-
ployees. 
‘‘(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 re-
sources flexibilities for employees who are in-
volved in the recruitment, hiring, assessment, or 
selection of candidates, as well as the retention 
of current employees. 
‘‘(B) Regular training sessions for per-
sonnel who are critical to filling open positions 
in rural or remote areas. 
‘‘(C) The development of pilot programs or 
other programs, as appropriate, consistent with 
authorities provided to the Secretary to address 
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333 
identified hiring challenges, including in rural 
or remote areas. 
‘‘(D) 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 pro-
gram in regions that could assist in filling posi-
tions in rural or remote areas. 
‘‘(E) Examination of existing agency pro-
grams 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 qual-
ity 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. 
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334 
‘‘(H) Evaluation of Department of Home-
land Security internship programs and the use-
fulness of those programs in improving hiring 
by the Secretary in rural or remote areas. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Each year, the Sec-
retary 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 con-
ducted under subparagraph (A) shall include— 
‘‘(i) any reduction in the time taken 
by the Secretary to fill mission-critical po-
sitions, including in rural or remote areas; 
‘‘(ii) a general assessment of the im-
pact of the strategy implemented under 
paragraph (1) on hiring challenges, includ-
ing in rural or remote areas; and 
‘‘(iii) other information the Secretary 
determines relevant. 
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335 
‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 
two years after the date of the enactment of this section, 
the Inspector General of the Department of Homeland Se-
curity 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 hir-
ing and retention needs, including in rural and remote 
areas. 
‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec-
retary shall report to the appropriate congressional com-
mittees 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 au-
thority under subsection (b) 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 and 
any collective bargaining agreement. 
‘‘(2) DELEGATION.—The Secretary may dele-
gate any authority under this section to the Com-
missioner. 
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336 
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to exempt the Secretary or the Di-
rector from applicability of the merit system principles 
under section 2301. 
‘‘(k) SUNSET.—The authorities under subsections (b) 
and (c) shall terminate on September 30, 2022. Any bonus 
to be paid pursuant to subsection (b) that is approved be-
fore such date may continue until such bonus has been 
paid, subject to the conditions specified in this section.’’. 
(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 fol-
lowing: 
‘‘9702. U.S. Customs and Border Protection temporary employment authori-
ties.’’. 
SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION 
ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Anti-Border Corruption Reauthorization Act of 2018’’. 
(b) HIRING FLEXIBILITY.—Section 3 of the Anti- 
Border Corruption Act of 2010 (6 U.S.C. 221) is amended 
by striking subsection (b) and inserting the following new 
subsections: 
‘‘(b) WAIVER AUTHORITY.—The Commissioner of 
U.S. Customs and Border Protection may waive the appli-
cation of subsection (a)(1)— 
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‘‘(1) to a current, full-time law enforcement of-
ficer employed by a State or local law enforcement 
agency who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investiga-
tion, or prosecution of, or the incarceration of 
any person for, any violation of law, and has 
statutory powers for arrest or apprehension; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) has, within the past ten years, suc-
cessfully completed a polygraph examination as 
a condition of employment with such officer’s 
current law enforcement agency; 
‘‘(2) to a current, full-time Federal law enforce-
ment officer who— 
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338 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized to make arrests, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, and other processes; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) holds a current Tier 4 background 
investigation or current Tier 5 background in-
vestigation; and 
‘‘(3) to a member of the Armed Forces (or a re-
serve component thereof) or a veteran, if such indi-
vidual— 
‘‘(A) has served in the Armed Forces for 
not fewer than three years; 
‘‘(B) holds, or has held within the past five 
years, a Secret, Top Secret, or Top Secret/Sen-
sitive Compartmented Information clearance; 
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339 
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 
‘‘(D) received, or is eligible to receive, an 
honorable discharge from service in the Armed 
Forces and has not engaged in criminal activity 
or committed a serious military or civil offense 
under the Uniform Code of Military Justice; 
and 
‘‘(E) was not granted any waivers to ob-
tain the clearance referred to subparagraph 
(B). 
‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 
authority to issue a waiver under subsection (b) shall ter-
minate on the date that is four years after the date of 
the enactment of the Border Security for America Act of 
2018.’’. 
(c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
DEFINITIONS.— 
(1) SUPPLEMENTAL
COMMISSIONER
AUTHOR-
ITY.—Section 4 of the Anti-Border Corruption Act 
of 2010 is amended to read as follows: 
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340 
‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NON-EXEMPTION.—An individual who receives 
a waiver under section 3(b) is not exempt from other hir-
ing requirements relating to suitability for employment 
and eligibility to hold a national security designated posi-
tion, as determined by the Commissioner of U.S. Customs 
and Border Protection. 
‘‘(b) BACKGROUND
INVESTIGATIONS.—Any indi-
vidual who receives a waiver under section 3(b) who holds 
a current Tier 4 background investigation shall be subject 
to a Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, as the case may be.’’. 
(2) REPORT.—The Anti-Border Corruption Act 
of 2010, as amended by paragraph (1), is further 
amended by adding at the end the following new sec-
tion: 
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