I 

118TH CONGRESS 

2D SESSION H. R. 7869 

To correct the inequitable denial of enhanced retirement and annuity benefits 

to certain U.S. Customs and Border Protection Officers. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2024 

Mr. FITZPATRICK (for himself, Mr. RASKIN, Mr. CISCOMANI, and Mr. LYNCH) 

introduced the following bill; which was referred to the Committee on 

Oversight and Accountability, and in addition to the Committee on 

Homeland Security, 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 correct the inequitable denial of enhanced retirement and 

annuity benefits to certain U.S. Customs and Border 

Protection Officers. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘U.S. Customs and Bor5 der Protection Officer Retirement Technical Corrections 

6 Act’’. 


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1 SEC. 2. ADJUSTMENT RELATED TO TRANSITION RULES. 

2 (a) DEFINED TERM.—In this section the term ‘‘Eligi3 ble Individual’’ means any individual who— 

4 (1) received a tentative offer of employment as 

5 a U.S. Customs and Border Protection Officer be6 fore July 6, 2008; and 

7 (2) entered into duty as a U.S. Customs and 

8 Border Protection officer on or after July 6, 2008, 

9 as a result of an offer described in paragraph (1). 

10 (b) TREATMENT OF ELIGIBLE INDIVIDUALS.—Eligi11 ble Individuals— 

12 (1) are considered to be individuals serving as 

13 U.S. Customs and Border Protection Officers on 

14 July 6, 2008, for purposes of section 535(e) of the 

15 Department of Homeland Security Appropriations 

16 Act, 2008 (division E of Public Law 110–161; 121 

17 Stat. 1844); and 

18 (2) are entitled to— 

19 (A) the minimum annuity amount required 

20 under section 535(e)(2)(C) of such Act; and 

21 (B) an exemption from mandatory retire22 ment otherwise required under section 

23 8425(b)(1) of title 5, United States Code. 

24 (c) IMPLEMENTATION.— 


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1 (1) SUBMISSION OF INFORMATION.—Not later 

2 than 120 days after the date of the enactment of 

3 this Act, the Secretary of Homeland Security shall— 

4 (A) create a list of all Eligible Individuals; 

5 (B) notify each Eligible Individual of the 

6 annuity correction described in subsection (b); 

7 and 

8 (C) provide the Director of the Office of 

9 Personnel Management with all of the informa10 tion that is necessary for making annuity cor11 rections with respect to Eligible Individuals. 

12 (2) COMPLETION OF ANNUITY CORRECTION.— 

13 After receiving the information described in para14 graph (1)(C), the Director of the Office of Personnel 

15 Management shall make the annuity correction de16 scribed in subsection (b) with respect to each Eligi17 ble Individual, including a retroactive annuity ad18 justment for Eligible Individuals who retired before 

19 the date of the enactment of this Act. 

20 (d) WAIVERS AND GUIDANCE.— 

21 (1) WAIVERS.—The Secretary of Homeland Se22 curity may retroactively waive the maximum entry 

23 age requirement under 3307(g) of title 5, United 

24 States Code, to the extent necessary, to ensure that 

25 each Eligible Individual is eligible for immediate reVerDate Sep 11 2014 20:34 Apr 05, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7869.IH H7869

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1 tirement with the annuity correction described in 

2 subsection (b). 

3 (2) GUIDANCE.—The Director of the Office of 

4 Personnel Management, in consultation with the 

5 Secretary of Homeland Security, shall issue appro6 priate guidance to assist in the implementation of 

7 the annuity correction described in subsection (b). 

8 (e) GOVERNMENT ACCOUNTABILITY OFFICE.—The 

9 Comptroller General of the United States— 

10 (1) shall review U.S. Customs and Border Pro11 tection (referred to in this subsection as ‘‘CBP’’) 

12 hiring practices, policies, and procedures related to 

13 eligibility for enhanced retirement benefits referred 

14 to in this section by assessing— 

15 (A) the process for determining whether an 

16 employee qualifies for such benefits, including 

17 considering any potential factors that would 

18 make an employee ineligible for such enhanced 

19 retirement benefits; 

20 (B) the internal controls used by CBP to 

21 ensure that all eligible employees, and only eli22 gible employees, receive such enhanced retire23 ment benefits; 

24 (C) the policies regarding the use of em25 ployees’ personnel files to ensure compliance 


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1 with current laws governing retirement benefits; 

2 and 

3 (D) the adequacy of the training provided 

4 to CBP senior executives regarding human re5 sources and hiring practices at CBP; and 

6 (2) not later than 18 months after the date of 

7 the enactment of this Act, shall submit a report to 

8 the Committee on Homeland Security and Govern9 mental Affairs of the Senate and the Committee on 

10 Homeland Security of the House of Representatives 

11 that describes the results of the review conducted 

12 pursuant to paragraph (1). 

Æ 


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