U.S. Customs and Border Protection Officer Retirement Technical Corrections Act
Officially: “U.S. Customs and Border Protection Officer Retirement Technical Corrections Act” Read the full text
What it does
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1Short title
This section says the Act may be called the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act.
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1. Short title This Act may be cited as the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act .
2Adjustment related to transition rules
This section defines an 'Eligible Individual' as anyone who received a tentative job offer to become a U.S. Customs and Border Protection (CBP) Officer before July 6, 2008, and who then actually started duty as a CBP Officer on or after July 6, 2008 because of that offer. For these Eligible Individuals, the bill would treat them as if they had already been serving as CBP Officers on July 6, 2008, for purposes of section 535(e) of the Department of Homeland Security Appropriations Act, 2008. Based on that treatment, each Eligible Individual would be entitled to the minimum annuity amount required under section 535(e)(2)(C) of that 2008 Act, and would be exempt from the mandatory retirement requirement otherwise imposed under section 8425(b)(1) of title 5 of the United States Code. To carry this out, the bill would require the Secretary of Homeland Security, within 120 days after the bill becomes law, to create a list of all Eligible Individuals, notify each Eligible Individual of the annuity correction described above, and give the Director of the Office of Personnel Management (OPM) all the information OPM needs to make the annuity corrections. After receiving that information, the OPM Director would be required to complete the annuity correction for each Eligible Individual, including a retroactive annuity adjustment for any Eligible Individual who had already retired before the bill becomes law. The bill would also let the Secretary of Homeland Security retroactively waive the maximum entry age requirement under section 3307(g) of title 5, United States Code, to the extent necessary so that each Eligible Individual can qualify for immediate retirement with the annuity correction. The OPM Director, working with the Secretary of Homeland Security, would be required to issue guidance to help carry out the annuity correction. Separately, the bill would require the Comptroller General of the United States to review CBP's hiring practices, policies, and procedures related to eligibility for these enhanced retirement benefits, looking at how CBP determines whether an employee qualifies (including factors that could make an employee ineligible), the internal controls CBP uses to make sure that all eligible employees receive the benefits and that only eligible employees receive them, CBP's policies on using employee personnel files to check compliance with retirement laws, and whether CBP gives its senior executives adequate training on human resources and hiring practices. Not later than 18 months after the bill becomes law, the Comptroller General would have to report the results of that review to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Homeland Security.
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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).
Where it is
In the Senate.