[Congressional Record Volume 156, Number 129 (Thursday, September 23, 2010)]
[House]
[Pages H6963-H6965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BORDER PROTECTION APPOINTMENT ACT

  Mr. THOMPSON of Mississippi. Madam Speaker, I move to suspend the 
rules and concur in the Senate amendment to 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.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Strike out all after the enacting clause and insert:

     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.

[[Page H6964]]

     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 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 U.S. 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).
       (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.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to affect the pay of 
     any individual for services performed by such individual 
     before the date of the conversion of such individual.

     SEC. 4. TERMINATION.

       The authority of the Commissioner to 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 shall terminate on the date that is 2 years after 
     the date of the enactment of this Act.

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


                             General Leave

  Mr. THOMPSON of Mississippi. Madam Speaker, I ask unanimous consent 
that all Members have 5 legislative days in which to revise and extend 
their remarks and insert extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Madam Speaker, I rise in support of the 
motion to concur in the Senate amendment to H.R. 1517 and yield myself 
such time as I may consume.
  Madam Speaker, H.R. 1517 would allow the U.S. Customs and Border 
Protection to correct an employee classification error affecting a few 
CBP personnel currently serving overseas. Decades ago, the Immigration 
and Naturalization Service hired a few people, on a temporary, part-
time basis, to work in pre-clearance operations at ports in Ireland, 
Aruba and the Bahamas. Over the past 20 years, their work evolved into 
full-time, permanent jobs. However, due to a technical issue, it turns 
out that their positions fell into a ``gray area.''
  Though long-term CBP staff, they are ineligible for permanent U.S. 
civil service positions and, by extension, are not conferred the 
protections and immunities afforded to permanent CBP employees in the 
U.S. Additionally, this situation puts CBP in violation of a U.S. 
agreement with Ireland, ratified after these individuals were hired, 
which requires all pre-clearance employees to be permanent employees.
  CBP, the Office of Personnel Management, and the Department of State 
have tried to resolve this matter but congressional action is 
necessary.
  H.R. 1517 grants the CBP commissioner the authority to convert the 
positions of 24 overseas employees to full-time, permanent civil 
service positions. This action is not without precedent. It has been 
done before at the IRS and the Library of Congress. Without this 
legislation, these long-term CBP employees may face termination and CBP 
would lose the benefit of their expertise.
  Going forward, it is our hope that the commissioner will take the 
histories of these dedicated individuals into account when determining 
their futures. H.R. 1517 directs the commissioner to make conversion 
decisions based on CBP's operational needs and in a manner that, to the 
extent practicable, does not disrupt these workers. It was introduced 
by Representative Elliot Engel and the ranking member of my committee, 
Peter King. The House passed the bill last December and the Senate did 
so last month with minor changes. Passage today will clear the bill for 
the President's signature.
  I urge my colleagues to support this bill that remedies a discrete 
personnel issue that jeopardizes the continued employment of a cadre of 
U.S. citizens who provide a valuable border security service to our 
country.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1840

  Mr. ROGERS of Alabama. Madam Speaker, I yield myself such time as I 
may assume.
  I rise in support of H.R. 1517, to grant special 2-year authority to 
the Commissioner of Customs and Border Protection, CBP, to correct a 
mistake in the hiring appointment for certain CBP employees stationed 
overseas at the pre-inspection posts. This corrective action will 
ensure CBP is able to keep trained officers stationed in key overseas 
positions.
  This bill provides authority to CBP to noncompetitively convert 
employees mistakenly hired under an overseas limited appointment to 
permanent status. This action will correct the employment category and 
protect their Federal benefits and retirement.
  There are approximately 35 employees in Ireland, Aruba, Bermuda, the 
Bahamas, and Canada affected by this hiring error. Without legislative 
authority, the employees will be required to convert to locally hired 
staff or return to the U.S. and compete for domestic CBP jobs.
  These employees have been working between 6 and 15 years in their 
overseas posts to ensure that travelers coming to the U.S. do not pose 
a threat. The CBP officers in these posts work in the pre-clearance 
program which deploys CBP officers at select overseas airports to 
conduct entry-level inspections before planes depart foreign soil for 
the U.S.
  Through no fault of their own, these employees are now facing 
problems with their employment status due to a mistake made years ago 
when they were initially hired. With the passage of this legislation, 
we can fix this error and ensure that the employees continue their work 
and maintain their level of pay and benefits.
  The development and consideration of this legislation was bipartisan 
from the beginning, and I would like to thank the bill's sponsors, 
Congressman Engel and Ranking Member King, for introducing the bill, 
and Chairman Thompson for his support in moving the bill out of the 
committee.
  I urge my colleagues to support this bill and send it to the 
President in a timely manner.
  I yield back the balance of my time.

[[Page H6965]]

  Mr. THOMPSON of Mississippi. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, the CBP employees affected by H.R. 1517 work every day 
to help secure our Nation's borders. Retaining their expertise at 
overseas ports is the right thing to do for them and for DHS. 
Therefore, I strongly encourage my colleagues to join me in supporting 
this important legislation.
  Mr. ENGEL. Madam Speaker, I rise today in support of my legislation, 
H.R. 1517, the Conversion of Certain Overseas Customs and Border 
Protection, CBP, Employees. I would also like to give special 
recognition to my New York colleague, Representative King, for the hard 
work that he has put into this legislation.
  H.R. 1517 would grant the Commissioner of the U.S. Customs and Border 
Protection the authority to non-competitively convert employees serving 
on overseas limited appointments into permanent employees. The need for 
this legislation was brought to my attention by fifteen 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: (1) By hiring locally engaged staff, LES, and/or (2) 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 in this case, limited for an indefinite 
duration), CBP is in violation of the two countries' agreement. More 
troubling to me, the fifteen 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 thirty other CBP employees in Aruba, the Bahamas, 
Bermuda, and Canada. It has been through no fault of their own that 
these loyal employees, some who have been protecting our country for 
almost twenty years, are now in employment limbo. Without this 
legislation, they will have to either 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. Either choice would destroy an established way of life in Ireland 
or an established career with the U.S. Customs and Border Protection. 
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 House 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 U.S. after five 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.
  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. Each has had the opportunity for input into 
the final legislation.
  I would strongly encourage my colleagues to join with me in support 
of this bipartisan legislation. Continued employment of these 
individuals is in the best interest of CBP as the work requirement 
remains and is critical to CBP protecting our Nation's borders.
  Mr. THOMPSON of Mississippi. Madam Speaker, I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Mississippi (Mr. Thompson) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 1517.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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