; 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