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.

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.

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.

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.

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.

I yield an additional 1 minute to the gentleman from New York.

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.

I yield back the balance of my time.

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.

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.

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.

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.

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.

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.

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.

Madam Speaker, I yield back the balance of my time.

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.

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.