89–006 

111TH CONGRESS REPT. 111–373 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED 

APPOINTMENTS TO PERMANENT APPOINTMENTS 

DECEMBER 14, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

[To accompany H.R. 1517] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred 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, having considered the same, 

report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 6 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 6 

Federal Mandates Statement ................................................................................. 6 

Advisory Committee Statement .............................................................................. 6 

Constitutional Authority Statement ...................................................................... 6 

Applicability to Legislative Branch ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

Committee Correspondence .................................................................................... 9 


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The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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— 


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(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. 

PURPOSE AND SUMMARY

The purpose of H.R. 1517 is to allow certain U.S. Customs and 

Border Protection (CBP) employees who serve under an overseas 

limited appointment for at least 2 years, and whose service was 

rated fully successful or higher through that time, to be converted 

to a permanent appointment in the competitive service. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1517 addresses a small population of 35 employees at CBP 

currently in overseas limited positions in Aruba, Bahamas, Bermuda, Canada and Ireland who were hired under the legacy Immigration and Naturalization Service (INS) under different terms and 

conditions than those that are currently required. The appointments date as far back as 1987 with legacy INS. These employees 

were originally hired on overseas temporary part-time appointments to work in pre-clearance operations, but the requirements of 

the work evolved into full-time on a permanent basis. 

This issue came to the attention of the Committee in 2007 when 

it was realized that due to an agreement between the United 

States and Ireland, all pre-clearance employees at CBP are required to be permanent employees. By definition, these select 

groups of CBP employees on overseas appointments are termed as 

limited employees. Therefore, CBP is in violation of the two countries’ agreement. 

An agency is prohibited from non-competitively promoting an individual from a limited overseas appointment to a permanent, civil 

service position under 5 CFR Part 301. Therefore, H.R. 1517 provides CBP the authority to convert this select group of employees. 

This situation is not new. In fact, Congress granted the Internal 

Revenue Service and the Library of Congress the authority to convert similarly-situated employees from limited positions to permanent, civil service positions. 

In late 2007, the Department of State requested that CBP either 

convert the employees to Locally Engaged Staff, who are compensated by and receive benefits from the Irish Government, or to 

place the employees into competitive positions that would require 

CBP to return the employees to the United States. Since then, CBP 

and the Department of Homeland Security have been working with 

the Department of State and the Office of Personnel Management 

to develop a solution that would allow the employees to continue 

their work in their current positions and avoid adverse impacts to 

the employees. 

In June 2009 an interim administration action was taken to 

bring the affected positions under the purview of the National Security Decision Directive (NSDD) 38 which gives the Chief of Mission the control of the size, composition, and mandate of overseas 

full-time mission staffing for all United States Government agencies. This interim action brought the positions under the umbrella 

of the U.S. Embassy in Ireland to allow CBP additional time to 

take official action to convert these positions to competitive status, 


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while allowing CBP to increase staffing at pre-clearance operations, 

per the United States Government’s agreement with Ireland. 

The legislation provides discrete authority to the CBP Commissioner to convert these legacy positions from limited overseas appointments to permanent civil service positions. 

HEARINGS

No hearings were held on H.R. 1517. However, the Subcommittee 

on Border, Maritime and Global Counterterrorism held two oversight hearings that touched upon staffing and workforce issues at 

CBP. 

On June 11, 2009, the Subcommittee on Border, Maritime, and 

Global Counterterrorism held a hearing entitled ‘‘The FY 2010 

Budget for Immigration and Customs Enforcement, Customs and 

Border Protection, and the U.S. Coast Guard.’’ The Subcommittee 

received testimony from Mr. John T. Morton, Assistant Secretary, 

U.S. Immigration and Customs Enforcement, Department of Homeland Security; Mr. Jayson P. Ahern, Acting Commissioner, U.S. 

Customs and Border Protection, Department of Homeland Security; 

and Adm. Thad W. Allen, Commandant, U.S. Coast Guard, Department of Homeland Security. 

On October 22, 2009, the Subcommittee on Border, Maritime, 

and Global Counterterrorism held a hearing entitled ‘‘Cargo Security at Land Ports of Entry: Are We Meeting the Challenge?’’ The 

Subcommittee received testimony from Mr. Todd Owen, Executive 

Director, Cargo and Conveyance Security, Office of Field Operations, Customs and Border Protection, Department of Homeland 

Security; Ms. Janice Ayala, Deputy Assistant Director, Office of Investigations, Immigration and Customs Enforcement, Department 

of Homeland Security; Ms. Colleen M. Kelley, National President, 

National Treasury Employees Union; and Mr. Stephen Russell, 

Chairman and CEO, Celadon Group, Inc., testifying on behalf of 

the American Trucking Associations. 

COMMITTEE CONSIDERATION

The Subcommittee on Border, Maritime, and Global Counterterrorism considered H.R. 1517 on July 23, 2009, and forwarded the 

measure to the Full Committee for consideration with the recommendation that it pass, without amendment, by voice vote. The 

Subcommittee adopted the H.R. 1517 by unanimous consent. 

The Committee met on November 17, 2009, to consider H.R. 

1517, and ordered the measure to be reported to the House with 

a favorable recommendation, amended, by voice vote. The Committee took the following actions: 

The Committee adopted the measure, as amended, by unanimous 

consent. 

The following amendments were offered: 

An Amendment in the Nature of a Substitute offered by Mr. 

Thompson (#1); was AGREED TO by unanimous consent. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 


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No recorded voted were requested during consideration of H.R. 

1517. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that 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, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

DECEMBER 3, 2009. 

Hon. BENNIE G. THOMPSON, 

Chairman, Committee on Homeland Security 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1517, a bill to allow certain U.S. Customs and Border Protection employees who serve 

under an overseas limited appointment for at least two years, and 

whose service is rated successful or higher throughout that time, 

to be converted to a permanent appointment in the competitive 

service. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 1517—A bill to allow certain U.S. Customs and Border Protection employees who serve under an overseas limited appointment for at least two years, and whose service is rated successful or higher throughout that time, to be converted to a permanent appointment in the competitive service 

CBO estimates that implementing H.R. 1517 would have no significant cost to the federal government. Enacting the bill would not 

affect revenues or direct spending. H.R. 1517 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act and would not affect the budgets of state, 

local, or tribal governments. 

H.R. 1517 would authorize U.S. Customs and Border Protection 

(CBP) in the Department of Homeland Security to change the emVerDate Nov 24 2008 05:03 Dec 15, 2009 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR373P1.XXX HR373P1

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ployment status of certain individuals stationed overseas. The bill 

would change those employees’ status from ‘‘overseas limited appointment’’ to ‘‘permanent appointment in the competitive service’’ 

to comply with certain international agreements between the 

United States and other countries. The legislation would apply to 

35 employees who began service with the former Immigration and 

Naturalization Service. H.R. 1517 would not change the salaries or 

significantly alter the benefits of those individuals. Thus, CBO estimates that implementing the bill would have no significant effect 

on spending by CBP. 

The CBO staff contact for this estimate is Mark Grabowicz. This 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 1517, contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized: To authorize the Commission of Customs and 

Border Protection to non-competitively convert certain CBP employees from their overseas limited appointments to permanent 

civil service positions; provide the converted employees the same 

indemnity protections, services, and payments as they would have 

had if they were hired as permanent employees; and ensure that 

the implementation of the conversion meets the operational needs 

of CBP and is not disruptive to the affected employees. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common Defense of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 


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accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Definitions 

This section defines, for purposes of this Act, the terms ‘‘Commissioner’’, ‘‘U.S. Customs and Border Protection’’, ‘‘competitive service’’, and ‘‘overseas limited appointment’’. 

Section 2. Authority to convert certain overseas customs and border protection employees 

This section grants special authority to the Commissioner of CBP 

to adjust the appointment for certain CBP employees stationed 

overseas in order to correct their employment category and protect 

their Federal benefits and retirement. 

Specifically, this section gives the authority to noncompetitively 

convert CBP employees hired under an overseas limited appointment to permanent status if the employee has two or more years 

of continuous service and the service has been rated successful or 

an equivalent. 

The section also requires the United States to indemnify and 

hold harmless employees covered under the Act from claims arising 

from the exercise of their duties before, on, and after enactment of 

the Act, including, but not limited to, claims arising from their residency status. 

Further, the section requires that employees covered under this 

Act and their dependents receive services and monetary payments 

equivalent to those provided to other CBP employees in similar positions in the same country of assignment and that such services 

and monetary payments be provided for the period dating from 

their initial overseas limited appointments. 

Lastly, the section provides guidance to the Commissioner with 

regards to the implementation of the conversion of an employee 

under this Act and specifically states that the implementation 

should meet the operations needs of CBP while at the same time, 

and to the greatest extent practicable, is not disruptive to the affected employees. 

The Committee believes that the legislation is necessary and will 

provide the needed authority for the Commissioner to convert these 

overseas limited appointments to permanent appointments. The 

Committee urges the Commissioner to affect such conversions immediately following enactment. 

Further, the Committee notes that these employees were in a 

personnel ‘‘limbo’’ for the past fifteen to twenty years and were not 

covered by the protections and immunities afforded to permanent 

CBP employees engaged in similar work. The Committee believes 

that the legislation rightly provides the employees the proper protections and immunities afforded to permanent employees. It is the 

Committee’s intent that no employee will see a loss of pay or benefit in this conversion. 

The Committee recognizes that there is a general rotation policy 

in place for CBP employees but believes that this small, distinct 

group is in a unique position that warrants special consideration. 

Therefore, the Committee encourages the Commissioner to ensure 


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that this conversion of these employees shall be implemented in a 

manner that does not negatively affect employees currently serving 

in these posts. In particular, it is the Committee’s intent that the 

Commissioner should take the past histories and individual circumstances of each employee into consideration to the greatest extent practicable, especially with respect to CBP’s personnel rotation 

policy. Further, it is the Committee’s intent that employees covered 

by this Act should not be involuntarily relocated from their current 

posts of duty, unless the Commissioner demonstrates that doing so 

is necessary to meet CBP’s operational requirements. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 1517 does not make any changes to existing law. 


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