[Pages H14887-H14890]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED APPOINTMENTS TO PERMANENT
APPOINTMENTS

Mr. CUELLAR. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1517) to allow certain U.S. Customs and Border Protection
employees who serve under an overseas limited appointment for at least
2 years, and whose service is rated fully successful or higher
throughout that time, to be converted to a permanent appointment in the
competitive service, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1517

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

SECTION 1. DEFINITIONS.

For purposes of this Act--
(1) the term ``Commissioner'' means the Commissioner of
U.S. Customs and Border Protection;
(2) the term ``U.S. Customs and Border Protection'' means
U.S. Customs and Border Protection of the Department of
Homeland Security;
(3) the term ``competitive service'' has the meaning given
such term by section 2102 of title 5, United States Code; and
(4) the term ``overseas limited appointment'' means an
appointment under--
(A) subpart B of part 301 of title 5 of the Code of Federal
Regulations, as in effect on January 1, 2008; or
(B) any similar antecedent or succeeding authority, as
determined by the Commissioner.

SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED
APPOINTMENTS TO PERMANENT APPOINTMENTS.

(a) In General.--Notwithstanding chapter 33 of title 5,
United States Code, or any other provision of law relating to
the examination, certification, and appointment of
individuals in the competitive service, the Commissioner may
convert an employee serving under an overseas limited
appointment within U.S. Customs and Border Protection to a
permanent appointment in the competitive service within U.S.
Customs and Border Protection, if--
(1) as of the time of conversion, the employee has
completed at least 2 years of current continuous service
under 1 or more overseas limited appointments; and
(2) the employee's performance has, throughout the period
of continuous service referred to in paragraph (1), been
rated at least fully successful or the equivalent.
An employee whose appointment is converted under the
preceding sentence acquires competitive status upon
conversion.
(b) Indemnification and Privileges.--
(1) Indemnification.--The United States shall, in the case
of any individual whose appointment is converted under
subsection (a), indemnify and hold such individual harmless
from any claim arising from any event, act, or omission--
(A) that arises from the exercise of such individual's
official duties, including by reason

[[Page H14888]]

of such individual's residency status, in the foreign country
in which such individual resides at the time of conversion,
(B) for which the individual would not have been liable had
the individual enjoyed the same privileges and immunities in
the foreign country as an individual who either was a
permanent employee, or was not a permanent resident, in the
foreign country at the time of the event, act, or omission
involved, and
(C) that occurs before, on, or after the date of the
enactment of this Act,
including any claim for taxes owed to the foreign country or
a subdivision thereof.
(2) Services and payments.--
(A) In general.--In the case of any individual whose
appointment is converted under subsection (a), the United
States shall provide to such individual (including any
dependents) services and monetary payments--
(i) equivalent to the services and monetary payments
provided to other Customs and Border Protection employees in
similar positions (and their dependents) in the same country
of assignment by international agreement, an exchange of
notes, or other diplomatic policy; and
(ii) for which such individual (including any dependents)
was not eligible by reason of such individual's overseas
limited appointment.
(B) Applicability.--Services and payments under this
paragraph shall be provided to an individual (including any
dependents) to the same extent and in the same manner as if
such individual had held a permanent appointment in the
competitive service throughout the period described in
subsection (a)(1). The preceding sentence shall, in the case
of any individual, be effective as of the first day of the
period described in subsection (a)(1) with respect to such
individual.
(c) Guidance on Implementation.--The Commissioner shall
implement the conversion of an employee serving under an
overseas limited appointment to a permanent appointment in
the competitive service in a manner that--
(1) meets the operational needs of the U.S. Customs and
Border Protection; and
(2) to the greatest extent practicable, is not disruptive
to the employees affected under this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Cuellar) and the gentleman from Alabama (Mr. Rogers) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.

General Leave

Mr. CUELLAR. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous materials on the bill that is under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. CUELLAR. Mr. Speaker, I rise in support of this bill and yield
myself such time as I may consume.
H.R. 1517 would help fix a previous hiring error for a select number
of employees serving oversees in positions for Customs and Border
Protection. Through no fault of their own, there are about 35 employees
in several CBP pre-clearance locations across the globe that were hired
under a limited term appointment by the Immigration and Naturalization
Service.
Some of those workers have been employed, Mr. Speaker, since 1987,
with the majority hired in the mid-1990s. Mr. Speaker, they have been,
for the most part, treated the same way as other CBP officers and
personnel, regardless of their initial appointment status. However
these employees, these hardworking employees, unbeknownst to them, were
in personnel limbo for the past 15 years to 20 years and were not
covered by the protections and immunities afforded to permanent CBP
employees engaged in similar work.
This personnel situation was initially brought to the employees'
attention in 2005. Since then, the CBP, OPM, and the Department of
State have been trying to fix this glitch, but they realize that they
need the help of Congress. This is why H.R. 1517 will give the CBP
Commissioner the authority to noncompetitively convert these 35
employees to full-time permanent civil service positions.
Doing so would not only ensure that these employees continue to
receive their appropriate benefits but also will provide them with the
protections they deserve as dedicated employees serving the CBP mission
abroad. This ability to convert these employees will also ensure that
CBP and that the United States honor the agreements between our
countries and others such as Ireland.
Going forward, it is our hope that the Commissioner will take the
past histories of these dedicated 35 individuals into account when
determining their future. As I had mentioned, through no fault of their
own, these employees find themselves in this very difficult situation.
Other employees assigned to work overseas rotate back to the U.S.
after a period of time. The majority of these employees affected by the
bill, however, have been at their posts for many years and have put
down roots in these locations.
In light of these employees' unique circumstances, the bill provides
guidance to the Commissioner, stating that the implementation of the
bill shall, number one, meet the operational needs of CBP and, number
two, to the greatest extent practicable, not be disruptive to this
discrete number of affected employees.
In our attempt to right the system, CBP should not unduly disrupt the
lives of these dedicated individuals who have provided a very valuable
service to our country.

House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, December 2, 2009.
Hon. Bennie Thompson,
Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Chairman Thompson: I am writing to confirm our mutual
understanding with respect to the consideration of H.R. 1517,
a bill to allow certain U.S. Customs and Border Protection
employees to be converted to a permanent appointment in the
competitive service.
I appreciate your effort to consult with the Committee on
Oversight and Government Reform regarding those provisions of
H.R. 1517 that fall within the Oversight Committee's
jurisdiction.
Given the importance of moving this bill forward promptly,
I do not intend to object to its consideration in the House.
However, I do so only with the understanding that this
procedure should not be construed to prejudice this
Committee's jurisdictional interest or prerogatives in the
subject matter of H.R. 1517, or any other similar
legislation.
I would also request your support for the appointment of
conferees from the Oversight Committee should H.R. 1517 or a
similar Senate bill be considered in conference with the
Senate.
Finally, I request that you include our exchange of letters
on this matter in the Congressional Record during
consideration of this legislation on the House floor.
Sincerely,
Edolphus Towns,
Chairman.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, December 2, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, House
of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Chairman Towns: Thank you for your letter regarding
H.R. 1517, a bill to allow certain U.S. Customs and Border
Protection employees to be converted to a permanent
appointment in the competitive service, introduced by
Congressman Eliot L. Engel on March 16, 2009.
I acknowledge that H.R. 1517 contains provisions within the
jurisdictional interest of the Committee on Oversight and
Government Reform. I appreciate your agreement to forgo
further consideration or action on this legislation to ensure
the timely consideration of this legislation, and acknowledge
that your decision to do so does not affect the jurisdiction
of the Committee on Oversight and Government Reform.
Further, I recognize that your Committee reserves the right
to seek appointment of conferees on the bill for the portions
of the bill that are within the jurisdiction of the Committee
on Oversight and Government Reform, and I agree to support
such a request.
I will ensure that this exchange of letters is included in
the legislative report on H.R. 1517 and in the Congressional
Record during floor consideration of the bill. I look forward
to working with you on this legislation and other matters of
great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.

Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 1517 to correct the hiring
status of approximately 30 Customs and Border Protection officers
stationed overseas under the wrong hiring appointments.
I appreciate the opportunity to stand in support of this legislation
in the place of Ranking Member Peter King, the Republican sponsor of
the bill.

[[Page H14889]]

H.R. 1517 grants special authority to the Commissioner of Customs and
Border Protection to noncompetitively convert about 30 CBP employees
mistakenly hired under an overseas limited deployment to permanent
status stationed at the overseas pre-inspection posts.
CBP operates pre-clearance stations at 15 foreign airports where
travelers to the U.S. are able to undergo entry inspections before
boarding their planes. This initiative facilitates travel while adding
an important security benefit.
Unfortunately, this hiring error, if not addressed, could force these
employees to transition into locally hired staff, much like Foreign
Service nationals at embassies, or to return to the United States and
compete for domestic CBP positions. Through no fault of their own these
employees are now facing the problems with their employment status due
to a mistake made years ago when they were initially hired. The
Congressional Budget Office analysis shows no significant impact from
this legislation, as these are existing employees who only need a
category adjustment to their employment records.
I would like to highlight and express appreciation for the bipartisan
manner in which this legislation was developed. Congressman Engel and
Ranking Member King worked together to develop this bill, and both
Chairwoman Sanchez and Chairman Thompson sponsored this bill as it
moved unanimously through our committee.
I urge my colleagues to support this bill.
I reserve the balance of my time.
Mr. CUELLAR. Mr. Speaker, I yield 4 minutes to the gentleman from New
York (Mr. Engel) who is the author of this bill and has been working
with the ranking member, Mr. King of New York.
Mr. ENGEL. I thank the gentleman, my good friend from Texas, for
yielding to me. I appreciate the comments made by Mr. Rogers as well.
Mr. Speaker, this bill rights a wrong. It's a very technical bill,
but the bottom line is that 35 loyal and hardworking Federal employees
stationed overseas, working for America, are being treated unfairly,
and the bill corrects this. When I was in Ireland at the Customs post,
I had a chance to speak with some of these employees, and I became
convinced that they were not being treated fairly.
I rise today in support of my legislation, H.R. 1517, for the
conversion of certain overseas Customs and Border Protection employees.
I would also like to give special recognition to my colleague and
friend, Representative Peter King of New York, for the hard work that
he has put into this legislation as well.
H.R. 1517 would grant the Commissioner of the U.S. Customs and Border
Protection the authority to noncompetitively convert employees serving
on overseas limited appointments into permanent employees. The need for
this legislation was brought to my attention by 15 U.S. CBP employees
serving at pre-clearance centers in Ireland, who were incorrectly hired
by the Immigration and Naturalization Service. These employees were
hired on overseas temporary appointments, but the work requirement
evolved into a permanent basis.
There are two ways for a Federal agency to fill permanent overseas
positions: one, by hiring locally engaged staff or, two, by U.S. direct
hire. Yet because an agreement between the United States and Ireland
requires that all pre-clearance employees be permanent employees, and,
by definition, employees on overseas appointments are limited
employees, albeit it in this case limited for an indefinite duration,
CBP is technically in violation of the two countries' agreement.
More troubling to me, the 15 employees on overseas limited
appointments are not covered by the protections and immunities afforded
by the agreement to permanent U.S. pre-clearance employees.
Later, I learned the number of employees in similar positions
included over 30 other CBP employees in Aruba, the Bahamas, Bermuda,
and Canada. It has been through no fault of their own that these loyal
employees, some of whom have been protecting our country for almost 20
years, are now in limbo.
Without this legislation, they will either have to become locally
engaged staff, who are compensated by and receive benefits from the
Irish government, or be placed into competitive positions that will
require a return to the U.S. Some of them have families and have been
living in Ireland working for the U.S. as American citizens, a choice
that would destroy an established way of life in Ireland if they were
forced to come to the United States, or a career with the U.S. Customs
and Border Protection. They would have to choose, and that's not right.
This was done through no fault of their own.
This bill, H.R. 1517, would allow these employees to stay close to
their families and keep their positions protecting our country.
I would like to applaud the Homeland Security Committee for including
language encouraging the CBP Commissioner not to be too disruptive to
the employees when implementing this legislation. I recognize the
standard CBP policy is for employees serving at overseas positions to
rotate back to the United States after 5 years. However, in this
extreme circumstance, it would be best for the CBP to allow the
employees to continue to serve where they are currently with the years
of experience they bring to their positions.
Let me say in closing, H.R. 1517 is a bipartisan bill. It is
supported by the U.S. Customs and Border Protection and the National
Treasury Employees Union, which represents the employees.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CUELLAR. I yield an additional 1 minute to the gentleman from New
York.
Mr. ENGEL. I thank the gentleman. This is a bipartisan bill. I
repeat: It is supported by the U.S. Customs and Border Protection and
the National Treasury Employees Union, which represents the employees.
Each has had the opportunity for input into the final legislation.
I would strongly encourage my colleagues to join with me in support,
again, of this bipartisan legislation. Continued employment of these
individuals is in the best interest of CBP and the best interest of our
country as the work requirement remains, and it's critical to CBP
protecting our Nation's borders.
Mr. ROGERS of Alabama. Mr. Speaker, I have no additional speakers. At
this time I would urge Members to support the bill.
I yield back the balance of my time.
Mr. CUELLAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I encourage my colleagues to support this important
legislation that Mr. Engel has been working on, along with the ranking
member, Mr. Peter King of New York. This is a piece of legislation that
will help those employees that have been working for our country. I
would ask all Members to support this important legislation.
Ms. RICHARDSON. Mr. Speaker, as a member of the Homeland Security
Committee, I rise today in strong support of H.R. 1517. This
legislation will allow certain U.S. Customs and Border Protection
employees who serve under an overseas limited appointment for at least
2 years, and whose service is rated fully successful or higher
throughout that time, to be converted to a permanent appointment in the
competitive service.
I would like to acknowledge Speaker Pelosi and Chairman Thompson for
their leadership in bringing this important bill to the floor. I would
also like to thank my colleague Congressman Engel, who worked so hard
authoring this important legislation.
Mr. Speaker, H.R. 1517 would correct a longstanding classification
problem among a small group of Customs and Border personnel that were
hired before DHS was created. These 35 people are working overseas,
mostly in Ireland, and need to be properly classified as CBP staff. I
am pleased that the Homeland Security Committee has taken action to
correct this problem and that this bill has come before the full
Congress today.
I support H.R. 1517 because it is an efficient fix to this
classification issue. Our Customs and Border personnel work so hard
every day to keep us safe, and they deserve prompt action by this body
to correct any problems in classification that could prevent them from
receiving any appointments they may deserve.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 1517.
Mr. CUELLAR. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by

[[Page H14890]]

the gentleman from Texas (Mr. Cuellar) that the House suspend the rules
and pass the bill, H.R. 1517, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CUELLAR. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________