II 

Calendar No. 525 

117TH CONGRESS 

2D SESSION S. 3868 

[Report No. 117–175] 

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 

MARCH 17, 2022 

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 

OCTOBER 18, 2022 

Reported under authority of the order of the Senate of October 14, 2022, 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 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘U.S. Customs and Bor15 der Protection Officer Retirement Technical Corrections 

16 Act’’. 

17 SEC. 2. ADJUSTMENT RELATED TO TRANSITION RULES. 

18 (a) DEFINED TERM.—In this section the term ‘‘Eligi19 ble Individual’’ means any individual who— 

20 (1) received and accepted an offer of employment 

21 as a U.S. Customs and Border Protection Officer be22 fore July 6, 2008; and 

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

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

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


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1 (b) TREATMENT OF ELIGIBLE INDIVIDUALS.—Eligible 

2 Individuals— 

3 (1) are considered to be individuals serving as 

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

5 6, 2008, for purposes of section 535(e) of the Depart6 ment of Homeland Security Appropriations Act, 2008 

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

8 and 

9 (2) are entitled to— 

10 (A) the minimum annuity amount required 

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

12 (B) an exemption from mandatory retire13 ment otherwise required under section 8425(b)(1) 

14 of title 5, United States Code. 

15 (c) IMPLEMENTATION.— 

16 (1) SUBMISSION OF INFORMATION.—Not later 

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

18 Act, the Secretary of Homeland Security shall— 

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

20 (B) notify each Eligible Individual of the 

21 annuity correction described in subsection (b); 

22 and 

23 (C) provide the Director of the Office of Per24 sonnel Management with all of the information 


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1 that is necessary for making annuity corrections 

2 with respect to Eligible Individuals. 

3 (2) COMPLETION OF ANNUITY CORRECTION.— 

4 After receiving the information described in para5 graph (1)(C), the Director of the Office of Personnel 

6 Management shall make the annuity correction de7 scribed in subsection (b) with respect to each Eligible 

8 Individual, including a retroactive annuity adjust9 ment for Eligible Individuals who retired before the 

10 date of the enactment of this Act. 

11 (d) WAIVERS AND GUIDANCE.— 

12 (1) WAIVERS.—The Secretary of Homeland Se13 curity may retroactively waive the maximum entry 

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

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

16 each Eligible Individual is eligible for immediate re17 tirement with the annuity correction described in sub18 section (b). 

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

20 Personnel Management, in consultation with the Sec21 retary of Homeland Security, shall issue appropriate 

22 guidance to assist in the implementation of the annu23 ity correction described in subsection (b). 

24 (e) GOVERNMENT ACCOUNTABILITY OFFICE.—The 

25 Comptroller General of the United States— 


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1 (1) shall review U.S. Customs and Border Pro2 tection (referred to in this subsection as ‘‘CBP’’) hir3 ing practices, policies, and procedures related to eligi4 bility for enhanced retirement benefits referred to in 

5 this section by assessing— 

6 (A) the process for determining whether an 

7 employee qualifies for such benefits, including 

8 considering any potential factors that would 

9 make an employee ineligible for such enhanced 

10 retirement benefits; 

11 (B) the internal controls used by CBP to 

12 ensure that all eligible employees, and only eligi13 ble employees, receive such enhanced retirement 

14 benefits; 

15 (C) the policies regarding the use of employ16 ees’ personnel files to ensure compliance with 

17 current laws governing retirement benefits; and 

18 (D) the adequacy of the training provided 

19 to CBP senior executives regarding human re20 sources and hiring practices at CBP; and 

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

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

23 Committee on Homeland Security and Governmental 

24 Affairs of the Senate and the Committee on Home25 land Security of the House of Representatives that deVerDate Sep 11 2014 21:12 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S3868.RS S3868

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1 scribes the results of the review conducted pursuant to 

2 paragraph (1). 


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Calendar No. 525 

117TH CONGRESS 

2D SESSION S. 3868 

[Report No. 117–175] 

A BILL 

To correct the inequitable denial of enhanced retiretoms and Border Protection Officers. ment and annuity benefits to certain U.S. CusOCTOBER 18, 2022 

Reported under authority of the order of the Senate of 

October 14, 2022, with an amendment 


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