‘‘§ 9702. U.S. Customs and Border Protection employ-
ment authorities 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘CBP employee’ means an em-
ployee of U.S. Customs and Border Protection; 
‘‘(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 ‘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 com-
pleted decennial census; and 
‘‘(5) the term ‘Secretary’ means the Secretary 
of Homeland Security. 
‘‘(b) DEMONSTRATION OF RECRUITMENT AND RE-
TENTION DIFFICULTIES IN RURAL OR REMOTE AREAS.— 
‘‘(1) IN
GENERAL.—For purposes of sub-
sections (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 
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‘‘(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 effec-
tively recruit individuals for positions as 
CBP employees, which may be dem-
onstrated with various types of evidence, 
including— 
‘‘(I) evidence that multiple posi-
tions have been continuously vacant 
for significantly longer than the na-
tional 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 Sec-
retary to efficiently and effectively re-
cruit CBP employees for positions in 
the area; or 
‘‘(ii) experiences a consistent inability 
to retain CBP employees that negatively 
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impacts agency operations at a local or re-
gional 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 sec-
tions 3309 through 3319, candidates to posi-
tions in the competitive service as CBP employ-
ees, in a rural or remote area, if the Sec-
retary— 
‘‘(i) determines that— 
‘‘(I) there is a critical hiring 
need; and 
‘‘(II) there exists a severe short-
age 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 
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‘‘(bb) difficulty in the re-
cruitment and retention of CBP 
employees in the area; and 
‘‘(ii) has given public notice for the 
positions. 
‘‘(B) PRIORITIZATION
OF
HIRING
VET-
ERANS.—If the Secretary uses the direct hiring 
authority under subparagraph (A), the Sec-
retary shall apply the principles of preference 
for the hiring of veterans established under sub-
chapter I of chapter 33. 
‘‘(2) RECRUITMENT
AND
RELOCATION
BO-
NUSES.—The Secretary may pay a bonus to an indi-
vidual (other than an individual described in sub-
section (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 indi-
vidual is appointed or to which the indi-
vidual moves or must relocate— 
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‘‘(I) is a position as a CBP em-
ployee; 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 re-
cruitment 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 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 
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‘‘(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 
‘‘(bb) the effect of a termi-
nation 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 Sec-
retary has identified a direct relationship 
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