Maximum Age for Appointment to Customs and Border Protection Officer, Firefighter, and Law Enforcement Officer Positions

Department of Homeland Security

DHS Directives System

Directive Number: 251-03

Revision Number: 01

Issue Date: 09/24/2018

MAXIMUM AGE FOR APPOINTMENT

TO CUSTOMS AND BORDER

PROTECTION OFFICER,

FIREFIGHTER, AND LAW

ENFORCEMENT OFFICER POSITIONS

I. Purpose

This Directive establishes the Department of Homeland Security (DHS) human capital

policy and responsibilities regarding the maximum age for original appointment to a

customs and border protection officer, firefighter, or law enforcement officer position.

II. Scope

A. This Directive applies throughout DHS, unless exempted by federal

statutory or regulatory authority.

B. DHS Directive 252-08, Revision 00, “Maximum Age for Appointment to the

Department of Homeland Security Customs and Border Protection Officer

Positions,” is hereby superseded.

C. DHS Directive 251-03, Revision 00, “Maximum Age for Original

Appointment to DHS Law Enforcement Officers and Firefighter Positions,” is

hereby cancelled.

III. Authorities

A. Title 5, United States Code (U.S.C.), § 2108, “Veteran; Disabled Veteran;

Preference Eligible”

B. Title 5, U.S.C. § 3307, “Competitive Service; Maximum-Age Entrance

Requirements; Exceptions”

C. Title 5, U.S.C. § 3312, “Preference Eligibles; Physical Qualifications;

Waiver”

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D. Title 5, U.S.C. § 3320, “Excepted Service; Government of the District of

Columbia; Selection”

E. Title 5, U.S.C. §§ 8331 and 8401, “Definitions” for Civil Service Retirement

System (CSRS) and for Federal Employees’ Retirement System (FERS)

F. Title 5, U.S.C. §§ 8336 and 8412, “Immediate Retirement” for CSRS and

FERS

G. Title 5, Code of Federal Regulations (CFR), Part 831, Subpart I, “Law

Enforcement Officers and Firefighters” and Subpart P, “Customs and Border

Protection Officers” for CSRS

H. Title 5, CFR, Part 842, Subpart H, “Law Enforcement Officers, Firefighters

and Air Traffic Controllers” and Subpart J, “Customs and Border Protection

Officers” for FERS

I. DHS Delegation 00002, “Delegation to the Under Secretary for

Management”

J. DHS Delegation 03000, “Delegation for Human Capital and Human

Resources”

IV. Responsibilities

A. The Under Secretary for Management establishes the policy regarding

maximum age for original appointment to customs and border protection officer,

firefighter, and law enforcement officer positions within DHS.

B. The DHS Chief Human Capital Officer establishes and oversees the

implementation of the human capital policy and guidance regarding the maximum

age policy, consistent with the statutes, regulations, and guidelines prescribed by

Office of Personnel Management.

C. The Component Heads:

1. Oversee the administration and implementation of the maximum

age policy within their Components, in compliance with all applicable

federal laws, rules, and regulations; the policy and procedures outlined in

this Directive and associated Instructions; and any other DHS policies,

procedures, and guidance; and

2. Establish guidelines and procedures, as necessary, to administer

the maximum age policy within their Components.

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D. The Executive Director, Headquarters Human Resources

Management and Services assumes the responsibilities listed under section

IV.C. for all Support Components with the exception of the National Protection

and Programs Directorate (NPPD), the Office of Inspector General (OIG), and

the Federal Law Enforcement Training Centers (FLETC).

E. The Heads of NPPD, OIG, and FLETC assume the responsibilities listed

under section IV.C. for their respective Support Component.

V. Policy and Requirements

A. The day before an individual’s 37

birthday is the maximum age for

original appointment to a customs and border protection officer, firefighter, or law

enforcement officer position within DHS.

B. The maximum age policy allows the appointment or reappointment of an

individual to a customs and border protection officer, firefighter, or law

enforcement officer position when:

1. The individual is able to complete a total of twenty years of service

covered by the special provisions of the retirement law [as described in 5

U.S.C. § 8336(c) for CSRS or § 8412(d) for FERS] before the age of 57;

2. The individual was previously appointed under an exception to the

maximum age policy (provided under section V.C.3. or equivalent

authority exercised within DHS or another federal agency) and is able to

complete the service requirements described in section V.B.1. before the

age of 60.

C. Exceptions to the maximum age policy:

1. The maximum age policy does not apply to positions determined to

be secondary positions.

2. The maximum age policy does not apply to the appointment of a

preference eligible veteran, unless the hiring component can show that the

age requirement is essential to the performance of the duties of the

position for which the application has been made.

3. Component Heads may establish exceptions to the maximum entry

age policy up to the day before an individual’s 40

birthday:

a. In cases involving highly qualified individuals and the unique

needs of the Component, or

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ip Fulgh

cretary for Management

b. To address documented skills shortages in specific positions

or in certain geographic areas.

4. An individual who has retired under the special provisions for

customs and border protection officers, firefighters, and law enforcement

officers [5 U.S.C. § 8336(c) for CSRS or 5 U.S.C. § 8412(d) for FERS] is

barred from reemployment in a primary or rigorous position after the age

of 60.

VI. Questions

Address any questions or concerns regarding this Directive to the Office of the Chief

Human Capital Officer.

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