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Bill

S 5379

BIS STRENGTH Act

119th Congress Introduced by Jon Husted and 1 co-sponsor

Allows BIS to hire up to 25 non-civil-service experts for up to 5 years to fill specialized gaps in export-control enforcement, with caps and annual congressional reporting.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 5379

BIS STRENGTH Act (S. 5379, 119th Congress)

Purpose and intent

  • Establishes a framework for the Under Secretary of Commerce for Industry and Security (BIS) to attract highly qualified experts to BIS to address gaps in specialized knowledge and skills needed for enforcing export controls and fulfilling BIS’s mandate.
  • The bill aims to enhance BIS operations by allowing targeted non-civil-service appointments, subject to specific limits and oversight.

Key provisions and changes

  • Targeted recruitment authority (Section 2a):

    • BIS Under Secretary may identify gaps in uncommon expertise at BIS via an annual study.
    • BIS may appoint outside-civil-service personnel (i.e., non-civil-service hires) to BIS to fill those identified gaps, bypassing certain civil service appointment rules (as exceptions under 5 U.S.C. sections 3304 and 3309–3318).
    • Pay for these appointments may be set at rates not exceeding the maximum rate for senior-level positions, adjusted for locality-based pay (as defined by 5 U.S.C. 5376 and 5304).

  • Term of appointment (Section 2b):

    • Each appointment under this authority is limited to a maximum of 5 years.

  • Total compensation cap (Section 2c):

    • No additional payments may be made in a calendar year if total annual compensation would exceed the maximum amount payable to the Vice President (as per 3 U.S.C. 104).

  • Headcount limit (Section 2d):

    • The number of non-civil-service appointments and retainages under this authority cannot exceed 25 employees at any one time.

  • Reporting requirements (Section 2e):

    • The Under Secretary must submit an annual report to specified congressional committees (Senate Banking, Housing, and Urban Affairs; Senate Homeland Security and Governmental Affairs; House Oversight and Government Reform; House Foreign Affairs) and also provide a 180-day initial report, followed by annual reports.
    • Reports must include:
    • Areas with identified expertise gaps.
    • Steps taken to hire from within the civil service and the outcomes.
    • Number and qualifications of individuals appointed, and their responsibilities.
    • Impact on BIS mission and export-control activities.
    • An assessment of long-term BIS staffing needs for export controls, including needs identified through implementing this section.

  • Construction and ethics (Section 2f):

    • Clarifies that nothing in this section waives background investigations, qualifications, or compliance with federal ethics and conflict-of-interest laws.

  • Termination and transition (Section 2g):

    • The authority under this section expires 5 years after enactment.
    • Provisions ensure a “savings” approach: employees already serving under this authority may continue for the remainder of their appointment period (or the period to which their service is limited), and their pay may not be reduced as long as they remain in position without a break in service.

Who is affected

  • BIS and, specifically, the Under Secretary of Commerce for Industry and Security.
  • Potentially affected BIS operations through the addition of up to 25 non-civil-service experts over the life of the program.
  • BIS workforce planning and export-control enforcement capabilities could be strengthened by specialized talent in areas identified as gaps.

Procedural and timeline aspects

  • The authority is temporary, with a hard sunset 5 years after enactment.
  • Initial 180-day reporting requirement, followed by annual reports outlining gaps, hires, impact, and future staffing needs.
  • Appointment terms capped at 5 years, with a strict cap of 25 such appointments at any time.
  • Pay and compensation rules align with, but temporarily override, typical civil-service pay structure, subject to the specified caps.

Summary

The BIS STRENGTH Act seeks to empower BIS to recruit outside the traditional civil-service framework to fill strategic, specialized gaps in expertise essential for export-control enforcement and related regulatory functions. It creates a controlled, time-limited mechanism with explicit compensation and headcount limits, accompanied by mandatory oversight and reporting to Congress to assess effectiveness and ongoing staffing needs.

Compiled from official sources — confirm details with the bill’s official record.

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