Fitzpatrick-Golden Bill to Restore Retirement Benefits for CBP Officers Advances to House Floor

Bipartisan legislation passed Oversight Committee 40-0, corrects CBP error, and adds accountability safeguards

WASHINGTON, D.C. - Today, Congressman Brian Fitzpatrick (PA-1) announced that his bipartisan U.S. Customs and Border Protection Officer Retirement Technical Corrections Act, introduced with Congressman Jared Golden (ME-02), passed the House Committee on Oversight and Government Reform unanimously by a vote of 40-0.

The legislation corrects a CBP error that caused certain officers to lose enhanced retirement benefits they were promised and planned around. The bill restores those benefits, adds accountability safeguards, and is supported by the National Treasury Employees Union (NTEU).

"Our CBP officers stand on the front lines of America's security every day-protecting our ports of entry, stopping illicit activity, facilitating lawful trade and travel, and helping keep our communities safe," said Fitzpatrick. "When these officers relied on guidance from their own agency, they made career and retirement decisions in good faith. This is not special treatment. It is basic fairness, government accountability, and keeping faith with those who serve our country. A bureaucratic error should never erase benefits these officers were promised, planned around, and earned. This bill corrects the record, restores fairness, and honors their service to our nation. I will always stand with the men and women who protect America, and look forward to bringing this bipartisan fix to the House floor. I am grateful to Congressman Golden, Chairman Comer, NTEU, and my colleagues on both sides of the aisle for their unanimous support."

"What's fair is fair, and clerical screw-ups shouldn't be allowed to stand between federal law enforcement officers and the benefits they were promised," Golden said. "This bill is a simple solution to ensure the federal government lives up to its word. I urge my colleagues in the House to support this bill to restore fairness for these essential federal workers."

"NTEU is proud to support the US Customs and Border Protection Officer Retirement Technical Corrections Act. This bipartisan, common-sense legislation will fix a longstanding error affecting approximately 1,500 CBPOs who have planned their retirements around guidance they were given when they were hired. H.R 8844 fixes this error and makes sure the government keeps its promise to these workers. We appreciate Reps. Fitzpatrick, Golden, and the entire House Oversight and Government Reform Committee for standing up for our CBP workforce," said NTEU National President Doreen Greenwald.

"Since this small group of officers have planned their retirements and their lives and careers around incorrect guidance given to them by CBP, this bill corrects the misunderstanding by providing the enhanced benefits to this small group in the same way as existing officers. This bill also requires a Government Accountability Office report to ensure proper management of this benefit at CBP to prevent any similar mistakes from occurring. I am pleased this bill provides an opportunity to right a wrong for Customs and Border Protection officers while providing accountability measures to protect against similar mistakes from happening again," said Chairman Comer.

Specifically, the bill would:

• Ensure eligible officers receive the enhanced retirement and annuity treatment they were promised;
• Require the Department of Homeland Security to identify and notify eligible officers;
• Direct the Office of Personnel Management to make the necessary annuity corrections, including retroactive adjustments for eligible officers who have already retired;
• Allow necessary waivers to ensure eligible officers can receive the corrected retirement treatment; and
• Require the Government Accountability Office to review CBP hiring practices, internal controls, personnel-file policies, and training related to enhanced retirement benefits to help prevent similar errors in the future.

The U.S. Customs and Border Protection Officer Retirement Technical Corrections Act now heads to the House floor for consideration.

Read the full bill text here.

Background:

In 2008, CBP officers became eligible for enhanced law enforcement retirement coverage. During that transition, a limited group of officers received tentative job offers before the effective date but entered duty afterward, and were told they would remain eligible for proportional annuity treatment. Based on that guidance, they planned their careers and retirements around benefits they were later told they could not receive. The U.S. Customs and Border Protection Officer Retirement Technical Corrections Act corrects that error, restores the retirement treatment these officers were promised, and requires a GAO review to strengthen oversight and prevent similar failures in the future.