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.
Short title
This Act may be cited as the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act
.
Adjustment related to transition rules
Defined term
In this section the term Eligible Individual means any individual who—
received a tentative offer of employment as a U.S. Customs and Border Protection Officer before July 6, 2008; and
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).
Treatment of Eligible Individuals
Eligible Individuals—
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
are entitled to—
the minimum annuity amount required under section 535(e)(2)(C) of such Act; and
an exemption from mandatory retirement otherwise required under section 8425(b)(1) of title 5, United States Code.
Implementation
Submission of information
Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—
create a list of all Eligible Individuals;
notify each Eligible Individual of the annuity correction described in subsection (b); and
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.
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.
Waivers and guidance
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).
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).
Government Accountability Office
The Comptroller General of the United States—
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—
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;
the internal controls used by CBP to ensure that all eligible employees, and only eligible employees, receive such enhanced retirement benefits;
the policies regarding the use of employees’ personnel files to ensure compliance with current laws governing retirement benefits; and
the adequacy of the training provided to CBP senior executives regarding human resources and hiring practices at CBP; and
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).
Passed the Senate November 8, 2023.
Secretary