[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5016-S5017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2723. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title X, add the following:

     SEC. 1006. ADJUSTMENT RELATED TO TRANSITION RULES FOR CBP 
                   OFFICERS.

       (a) Short Title.--This section may be cited as the ``U.S. 
     Customs and Border Protection Officer Retirement Technical 
     Corrections Act''.
       (b) 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).
       (c) 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.
       (d) 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 (c); 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 (c) 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.
       (e) Waivers and Guidance.--
       (1) Waivers.--The Secretary of Homeland Security may 
     retroactively waive the maximum entry age requirement under 
     3307(g) of

[[Page S5017]]

     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 (c).
       (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 (c).
       (f) 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).
                                 ______