Authority To Convert Certain Overseas Limited Appointments To Permanent Appointments

Floor Speech

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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.

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