[Congressional Record (Bound Edition), Volume 155 (2009), Part 23]
[House]
[Pages 31847-31850]
[From the U.S. 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 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

[[Page 31848]]

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.
  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

[[Page 31849]]

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. THOMPSON of Mississippi. Mr. Speaker, I rise today in support of 
H.R. 1517, a bipartisan bill authored by Representative Engel and the 
ranking member on the Committee of Homeland Security, Representative 
King.
  As chairman of the Committee on Homeland Security, I am grateful to 
these members for putting before us today a bill that aims to fix a 
discrete but important issue at Customs and Border Protection.
  In short, this bill gives the Commissioner the authority to 
noncompetitively convert approximately 35 overseas CBP employees into 
full-time permanent civil service positions.
  These employees were originally hired by the Immigration and 
Naturalization Service under ``limited overseas appointment'' authority 
between 1987 and 2003.
  Over time, the nature of their work changed, but their employment 
designation did not.
  Since 2005, CBP, the Office of Personnel Management and the 
Department of State have been trying to fix the glitch, but realize 
they need the help of Congress.
  Doing so will not only ensure that the employees continue to receive 
the appropriate benefits, but will also provide them with the 
protections they deserve as dedicated employees serving the CBP mission 
abroad.
  Further, this conversion of employment status will ensure that CBP 
and the United States honor agreements between our country and our 
foreign counterparts, such as Ireland, governing U.S. personnel 
overseas.
  Going forward, using the authorities provided to the Commissioner in 
H.R. 1517, it is my hope that the Commissioner will take the histories 
of these dedicated 35 individuals into account when applying CBP's 
rotation policy.
  In our attempt to ``right the system,'' CBP should not unduly disrupt 
the lives of these dedicated individuals, who provide a valuable 
service to this country.
  Mr. CUELLAR. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by 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.

[[Page 31850]]



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