U.S. Customs and Border Protection Officer Retirement Technical Corrections Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8844 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8844

 To correct the inequitable denial of enhanced retirement and annuity
    benefits to certain U.S. Customs and Border Protection Officers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2026

 Mr. Fitzpatrick (for himself and Mr. Golden of Maine) introduced the
 following bill; which was referred to the Committee on Oversight and
    Government Reform, and in addition to the Committee on Homeland
Security, for a period to be subsequently determined by the Speaker, in
   each case for consideration of such provisions as fall within the
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 To correct the inequitable denial of enhanced retirement and annuity
    benefits to certain U.S. Customs and Border Protection Officers.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``U.S. Customs and Border Protection
Officer Retirement Technical Corrections Act''.

SEC. 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 that describes the
        results of the review conducted pursuant to paragraph (1) to--
                    (A) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    (B) the Committee on Homeland Security of the House
                of Representatives; and
                    (C) the Committee on Oversight and Government
                Reform of the House of Representatives.
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