118TH CONGRESS 

1ST SESSION S. 311 

AN ACT 

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, 
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†S 311 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘U.S. Customs and Bor3 der Protection Officer Retirement Technical Corrections 

4 Act’’. 

5 SEC. 2. ADJUSTMENT RELATED TO TRANSITION RULES. 

6 (a) DEFINED TERM.—In this section the term ‘‘Eligi7 ble Individual’’ means any individual who— 

8 (1) received a tentative offer of employment as 

9 a U.S. Customs and Border Protection Officer be10 fore July 6, 2008; and 

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

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

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

14 (b) TREATMENT OF ELIGIBLE INDIVIDUALS.—Eligi15 ble Individuals— 

16 (1) are considered to be individuals serving as 

17 U.S. Customs and Border Protection Officers on 

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

19 Department of Homeland Security Appropriations 

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

21 Stat. 1844); and 

22 (2) are entitled to— 

23 (A) the minimum annuity amount required 

24 under section 535(e)(2)(C) of such Act; and 
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1 (B) an exemption from mandatory retire2 ment otherwise required under section 

3 8425(b)(1) of title 5, United States Code. 

4 (c) IMPLEMENTATION.— 

5 (1) SUBMISSION OF INFORMATION.—Not later 

6 than 120 days after the date of the enactment of 

7 this Act, the Secretary of Homeland Security shall— 

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

9 (B) notify each Eligible Individual of the 

10 annuity correction described in subsection (b); 

11 and 

12 (C) provide the Director of the Office of 

13 Personnel Management with all of the informa14 tion that is necessary for making annuity cor15 rections with respect to Eligible Individuals. 

16 (2) COMPLETION OF ANNUITY CORRECTION.— 

17 After receiving the information described in para18 graph (1)(C), the Director of the Office of Personnel 

19 Management shall make the annuity correction de20 scribed in subsection (b) with respect to each Eligi21 ble Individual, including a retroactive annuity ad22 justment for Eligible Individuals who retired before 

23 the date of the enactment of this Act. 

24 (d) WAIVERS AND GUIDANCE.— 
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1 (1) WAIVERS.—The Secretary of Homeland Se2 curity may retroactively waive the maximum entry 

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

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

5 each Eligible Individual is eligible for immediate re6 tirement with the annuity correction described in 

7 subsection (b). 

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

9 Personnel Management, in consultation with the 

10 Secretary of Homeland Security, shall issue appro11 priate guidance to assist in the implementation of 

12 the annuity correction described in subsection (b). 

13 (e) GOVERNMENT ACCOUNTABILITY OFFICE.—The 

14 Comptroller General of the United States— 

15 (1) shall review U.S. Customs and Border Pro16 tection (referred to in this subsection as ‘‘CBP’’) 

17 hiring practices, policies, and procedures related to 

18 eligibility for enhanced retirement benefits referred 

19 to in this section by assessing— 

20 (A) the process for determining whether an 

21 employee qualifies for such benefits, including 

22 considering any potential factors that would 

23 make an employee ineligible for such enhanced 

24 retirement benefits; 
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1 (B) the internal controls used by CBP to 

2 ensure that all eligible employees, and only eli3 gible employees, receive such enhanced retire4 ment benefits; 

5 (C) the policies regarding the use of em6 ployees’ personnel files to ensure compliance 

7 with current laws governing retirement benefits; 

8 and 

9 (D) the adequacy of the training provided 

10 to CBP senior executives regarding human re11 sources and hiring practices at CBP; and 

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

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

14 the Committee on Homeland Security and Govern15 mental Affairs of the Senate and the Committee on 

16 Homeland Security of the House of Representatives 

17 that describes the results of the review conducted 

18 pursuant to paragraph (1). 

Passed the Senate November 8, 2023. 

Attest: 

Secretary. 
118TH CONGRESS 

1ST SESSION S. 311 

AN ACT 

To correct the inequitable denial of enhanced retiretoms and Border Protection Officers. ment and annuity benefits to certain U.S. Cus-