II 

118TH CONGRESS 

1ST SESSION S. 311 

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 and Mr. HAWLEY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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’’. 

7 SEC. 2. ADJUSTMENT RELATED TO TRANSITION RULES. 

8 (a) DEFINED TERM.—In this section the term ‘‘Eligi9 ble Individual’’ means any individual who— 


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1 (1) received and accepted an offer of employ2 ment as a U.S. Customs and Border Protection Offi3 cer before 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, 

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

7 (b) TREATMENT OF ELIGIBLE INDIVIDUALS.—Eligi8 ble Individuals— 

9 (1) are considered to be individuals serving as 

10 U.S. Customs and Border Protection Officers on 

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

12 Department of Homeland Security Appropriations 

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

14 Stat. 1844); 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 

20 8425(b)(1) 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 

24 this 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 

5 Personnel Management with all of the informa6 tion that is necessary for making annuity cor7 rections 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 Eligi13 ble Individual, including a retroactive annuity ad14 justment for Eligible Individuals who retired before 

15 the 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 

23 subsection (b). 

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

25 Personnel Management, in consultation with the 


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1 Secretary of Homeland Security, shall issue appro2 priate guidance to assist in the implementation of 

3 the annuity 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’’) 

8 hiring practices, policies, and procedures related to 

9 eligibility for enhanced retirement benefits referred 

10 to in 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 eli18 gible employees, receive such enhanced retire19 ment benefits; 

20 (C) the policies regarding the use of em21 ployees’ personnel files to ensure compliance 

22 with current laws governing retirement benefits; 

23 and 


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1 (D) the adequacy of the training provided 

2 to CBP senior executives regarding human re3 sources and hiring practices at CBP; and 

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

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

6 the Committee on Homeland Security and Govern7 mental Affairs of the Senate and the Committee on 

8 Homeland Security of the House of Representatives 

9 that describes the results of the review conducted 

10 pursuant to paragraph (1). 

Æ 


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