II Calendar No. 217 118th CONGRESS 1st Session S. 311 [Report No. 118–101] 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. Short title This Act may be cited as the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act . 2. Adjustment related to transition rules (a) Defined term In this section the term Eligible Individual means any individual who— (1) received and accepted an offer of employment as a U.S. Customs and Border Protection Officer before July 6, 2008; and (2) entered into duty as a U.S. Customs and Border Protection officer on or after July 6, 2008, as a result of an offer described in paragraph (1). (b) Treatment of Eligible Individuals Eligible Individuals— (1) are considered to be individuals serving as U.S. Customs and Border Protection Officers on July 6, 2008, for purposes of section 535(e) of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 1844); and (2) are entitled to— (A) the minimum annuity amount required under section 535(e)(2)(C) of such Act; and (B) an exemption from mandatory retirement otherwise required under section 8425(b)(1) of title 5, United States Code. (c) Implementation (1) Submission of information Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (A) create a list of all Eligible Individuals; (B) notify each Eligible Individual of the annuity correction described in subsection (b); and (C) provide the Director of the Office of Personnel Management with all of the information that is necessary for making annuity corrections with respect to Eligible Individuals. (2) Completion of annuity correction After receiving the information described in paragraph (1)(C), the Director of the Office of Personnel Management shall make the annuity correction described in subsection (b) with respect to each Eligible Individual, including a retroactive annuity adjustment for Eligible Individuals who retired before the date of the enactment of this Act. (d) Waivers and guidance (1) Waivers The Secretary of Homeland Security may retroactively waive the maximum entry age requirement under 3307(g) of title 5, United States Code, to the extent necessary, to ensure that each Eligible Individual is eligible for immediate retirement with the annuity correction described in subsection (b). (2) Guidance The Director of the Office of Personnel Management, in consultation with the Secretary of Homeland Security, shall issue appropriate guidance to assist in the implementation of the annuity correction described in subsection (b). (e) Government Accountability Office The Comptroller General of the United States— (1) shall review U.S. Customs and Border Protection (referred to in this subsection as CBP ) hiring practices, policies, and procedures related to eligibility for enhanced retirement benefits referred to in this section by assessing— (A) the process for determining whether an employee qualifies for such benefits, including considering any potential factors that would make an employee ineligible for such enhanced retirement benefits; (B) the internal controls used by CBP to ensure that all eligible employees, and only eligible employees, receive such enhanced retirement benefits; (C) the policies regarding the use of employees’ personnel files to ensure compliance with current laws governing retirement benefits; and (D) the adequacy of the training provided to CBP senior executives regarding human resources and hiring practices at CBP; and (2) not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted pursuant to paragraph (1).

1. Short title This Act may be cited as the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act . 2. Adjustment related to transition rules (a) Defined term In this section the term Eligible Individual means any individual who— (1) received a tentative offer of employment as a U.S. Customs and Border Protection Officer before July 6, 2008; and (2) entered into duty as a U.S. Customs and Border Protection officer on or after July 6, 2008, as a result of an offer described in paragraph (1). (b) Treatment of Eligible Individuals Eligible Individuals— (1) are considered to be individuals serving as U.S. Customs and Border Protection Officers on July 6, 2008, for purposes of section 535(e) of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 1844); and (2) are entitled to— (A) the minimum annuity amount required under section 535(e)(2)(C) of such Act; and (B) an exemption from mandatory retirement otherwise required under section 8425(b)(1) of title 5, United States Code. (c) Implementation (1) Submission of information Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (A) create a list of all Eligible Individuals; (B) notify each Eligible Individual of the annuity correction described in subsection (b); and (C) provide the Director of the Office of Personnel Management with all of the information that is necessary for making annuity corrections with respect to Eligible Individuals. (2) Completion of annuity correction After receiving the information described in paragraph (1)(C), the Director of the Office of Personnel Management shall make the annuity correction described in subsection (b) with respect to each Eligible Individual, including a retroactive annuity adjustment for Eligible Individuals who retired before the date of the enactment of this Act. (d) Waivers and guidance (1) Waivers The Secretary of Homeland Security may retroactively waive the maximum entry age requirement under 3307(g) of title 5, United States Code, to the extent necessary, to ensure that each Eligible Individual is eligible for immediate retirement with the annuity correction described in subsection (b). (2) Guidance The Director of the Office of Personnel Management, in consultation with the Secretary of Homeland Security, shall issue appropriate guidance to assist in the implementation of the annuity correction described in subsection (b). (e) Government Accountability Office The Comptroller General of the United States— (1) shall review U.S. Customs and Border Protection (referred to in this subsection as CBP ) hiring practices, policies, and procedures related to eligibility for enhanced retirement benefits referred to in this section by assessing— (A) the process for determining whether an employee qualifies for such benefits, including considering any potential factors that would make an employee ineligible for such enhanced retirement benefits; (B) the internal controls used by CBP to ensure that all eligible employees, and only eligible employees, receive such enhanced retirement benefits; (C) the policies regarding the use of employees’ personnel files to ensure compliance with current laws governing retirement benefits; and (D) the adequacy of the training provided to CBP senior executives regarding human resources and hiring practices at CBP; and (2) not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted pursuant to paragraph (1).

October 3, 2023 Reported with an amendment