Washington, DC -- Congressman Eliot Engel’s legislation to change the status of U.S. Customs and Border Protection (CBP) employees working in pre-clearance in Shannon and Dublin airports in Ireland passed the House yesterday and now goes to the president for his signature. The bill affects 15 CBP employees in Ireland with 20 others at other locations originally hired as temporary workers. Over time the positions evolved into permanent positions and the bill changes their status.

The bill passed the Senate by unanimous consent last week, with only a small change to the original December 2009 House-passed version.  The amended Senate version passed the House yesterday by a voice vote.  The measure now goes to President Barack Obama for his signature.

These appointments date to the 1990’s with Immigration and Naturalization Service (INS). Rep. Engel’s legislation (HR 1517) would allow these employees to remain in Ireland as career Federal employees, rather than requiring a return to the U.S. and the dismantling of established lives in Ireland.

Rep. Engel said, “Because an agreement between the United States and Ireland requires that all pre-clearance employees be ‘permanent’ employees, and by definition employees on temporary overseas appointments are ‘limited’ employees (albeit in this case, limited for an indefinite duration), the status of the workers had CBP in violation of the agreement. Continued employment of these individuals is in the best interest of CBP and America as the work is critical to protecting our Nation’s borders.”  

A full text of his remarks follows:

 

3 Minute Statement

By

Congressman Eliot Engel

Of

New York

On September 23, 2010

 

H.R. 1517

Conversion of Certain Overseas Customs and Border Protection Employees

Madame 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 US 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 US 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" US 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 US.  Either choice would destroy an established way of life in Ireland or an established career with the US 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 US 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 US 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.

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