II 

Calendar No. 217 

118TH CONGRESS 

1ST SESSION S. 311 

[Report No. 118–101] 

To correct the inequitable denial of enhanced retirement and annuity benefits 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. PETERS (for himself, Mr. HAWLEY, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

OCTOBER 3, 2023 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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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 and accepted an offer of employ9 ment as a U.S. Customs and Border Protection Offi10 cer before 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). 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘U.S. Customs and Bor21 der Protection Officer Retirement Technical Corrections 

22 Act’’. 

23 SEC. 2. ADJUSTMENT RELATED TO TRANSITION RULES. 

24 (a) DEFINED TERM.—In this section the term ‘‘Eligi25 ble Individual’’ means any individual who— 


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1 (1) received a tentative offer of employment as a 

2 U.S. Customs and Border Protection Officer before 

3 July 6, 2008; and 

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

5 Border Protection officer on or after July 6, 2008, as 

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

7 (b) TREATMENT OF ELIGIBLE INDIVIDUALS.—Eligible 

8 Individuals— 

9 (1) are considered to be individuals serving as 

10 U.S. Customs and Border Protection Officers on July 

11 6, 2008, for purposes of section 535(e) of the Depart12 ment of Homeland Security Appropriations Act, 2008 

13 (division E of Public Law 110–161; 121 Stat. 1844); 

14 and 

15 (2) are entitled to— 

16 (A) the minimum annuity amount required 

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

18 (B) an exemption from mandatory retire19 ment otherwise required under section 8425(b)(1) 

20 of title 5, United States Code. 

21 (c) IMPLEMENTATION.— 

22 (1) SUBMISSION OF INFORMATION.—Not later 

23 than 120 days after the date of the enactment of this 

24 Act, the Secretary of Homeland Security shall— 

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


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1 (B) notify each Eligible Individual of the 

2 annuity correction described in subsection (b); 

3 and 

4 (C) provide the Director of the Office of Per5 sonnel Management with all of the information 

6 that is necessary for making annuity corrections 

7 with respect to Eligible Individuals. 

8 (2) COMPLETION OF ANNUITY CORRECTION.— 

9 After receiving the information described in para10 graph (1)(C), the Director of the Office of Personnel 

11 Management shall make the annuity correction de12 scribed in subsection (b) with respect to each Eligible 

13 Individual, including a retroactive annuity adjust14 ment for Eligible Individuals who retired before the 

15 date of the enactment of this Act. 

16 (d) WAIVERS AND GUIDANCE.— 

17 (1) WAIVERS.—The Secretary of Homeland Se18 curity may retroactively waive the maximum entry 

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

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

21 each Eligible Individual is eligible for immediate re22 tirement with the annuity correction described in sub23 section (b). 

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

25 Personnel Management, in consultation with the SecVerDate Sep 11 2014 03:17 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S311.RS S311

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1 retary of Homeland Security, shall issue appropriate 

2 guidance to assist in the implementation of the annu3 ity correction described in subsection (b). 

4 (e) GOVERNMENT ACCOUNTABILITY OFFICE.—The 

5 Comptroller General of the United States— 

6 (1) shall review U.S. Customs and Border Pro7 tection (referred to in this subsection as ‘‘CBP’’) hir8 ing practices, policies, and procedures related to eligi9 bility for enhanced retirement benefits referred to in 

10 this section by assessing— 

11 (A) the process for determining whether an 

12 employee qualifies for such benefits, including 

13 considering any potential factors that would 

14 make an employee ineligible for such enhanced 

15 retirement benefits; 

16 (B) the internal controls used by CBP to 

17 ensure that all eligible employees, and only eligi18 ble employees, receive such enhanced retirement 

19 benefits; 

20 (C) the policies regarding the use of employ21 ees’ personnel files to ensure compliance with 

22 current laws governing retirement benefits; and 

23 (D) the adequacy of the training provided 

24 to CBP senior executives regarding human re25 sources and hiring practices at CBP; and 


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

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

3 Committee on Homeland Security and Governmental 

4 Affairs of the Senate and the Committee on Home5 land Security of the House of Representatives that de6 scribes the results of the review conducted pursuant to 

7 paragraph (1). 


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Calendar No. 217 

118TH CONGRESS 

1ST SESSION S. 311 

[Report No. 118–101] 

A BILL 

To correct the inequitable denial of enhanced retiretoms and Border Protection Officers. ment and annuity benefits to certain U.S. CusOCTOBER 3, 2023 

Reported with an amendment 


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