IB 

Union Calendar No. 218 

111TH CONGRESS 

1ST SESSION H. R. 1517 

[Report No. 111–373, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2009 

Mr. ENGEL (for himself and Mr. KING of New York) introduced the following 

bill; which was referred to the Committee on Homeland Security, and in 

addition to the Committee on Oversight and Government Reform, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 14, 2009 

Additional sponsors: Mr. BILIRAKIS, Mrs. MILLER of Michigan, and Ms. 

RICHARDSON

DECEMBER 14, 2009 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 1517 RH

DECEMBER 14, 2009 

Committee on Oversight and Government Reform discharged; committed to 

the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 16, 2009] 

A BILL 

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. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 1517 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 For purposes of this Act— 

5 (1) the term ‘‘Commissioner’’ means the Com6 missioner of U.S. Customs and Border Protection; 

7 (2) the term ‘‘U.S. Customs and Border Protec8 tion’’ means U.S. Customs and Border Protection of 

9 the Department of Homeland Security; 

10 (3) the term ‘‘competitive service’’ has the mean11 ing given such term by section 2102 of title 5, United 

12 States Code; and 

13 (4) the term ‘‘overseas limited appointment’’ 

14 means an appointment under— 

15 (A) subpart B of part 301 of title 5 of the 

16 Code of Federal Regulations, as in effect on Jan17 uary 1, 2008; or 

18 (B) any similar antecedent or succeeding 

19 authority, as determined by the Commissioner. 

20 SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIM21 ITED APPOINTMENTS TO PERMANENT AP22 POINTMENTS. 

23 (a) IN GENERAL.—Notwithstanding chapter 33 of title 

24 5, United States Code, or any other provision of law relat25 ing to the examination, certification, and appointment of 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 1517 RH

1 individuals in the competitive service, the Commissioner 

2 may convert an employee serving under an overseas limited 

3 appointment within U.S. Customs and Border Protection 

4 to a permanent appointment in the competitive service 

5 within U.S. Customs and Border Protection, if— 

6 (1) as of the time of conversion, the employee has 

7 completed at least 2 years of current continuous serv8 ice under 1 or more overseas limited appointments; 

9 and 

10 (2) the employee’s performance has, throughout 

11 the period of continuous service referred to in para12 graph (1), been rated at least fully successful or the 

13 equivalent. 

14 An employee whose appointment is converted under the pre15 ceding sentence acquires competitive status upon conver16 sion. 

17 (b) INDEMNIFICATION AND PRIVILEGES.— 

18 (1) INDEMNIFICATION.—The United States shall, 

19 in the case of any individual whose appointment is 

20 converted under subsection (a), indemnify and hold 

21 such individual harmless from any claim arising 

22 from any event, act, or omission— 

23 (A) that arises from the exercise of such in24 dividual’s official duties, including by reason of 

25 such individual’s residency status, in the foreign 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 1517 RH

1 country in which such individual resides at the 

2 time of conversion, 

3 (B) for which the individual would not have 

4 been liable had the individual enjoyed the same 

5 privileges and immunities in the foreign country 

6 as an individual who either was a permanent 

7 employee, or was not a permanent resident, in 

8 the foreign country at the time of the event, act, 

9 or omission involved, and 

10 (C) that occurs before, on, or after the date 

11 of the enactment of this Act, 

12 including any claim for taxes owed to the foreign 

13 country or a subdivision thereof. 

14 (2) SERVICES AND PAYMENTS.— 

15 (A) IN GENERAL.—In the case of any indi16 vidual whose appointment is converted under 

17 subsection (a), the United States shall provide to 

18 such individual (including any dependents) serv19 ices and monetary payments— 

20 (i) equivalent to the services and mone21 tary payments provided to other Customs 

22 and Border Protection employees in similar 

23 positions (and their dependents) in the 

24 same country of assignment by interVerDate Nov 24 2008 00:50 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1517.RH H1517

jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 1517 RH

1 national agreement, an exchange of notes, or 

2 other diplomatic policy; and 

3 (ii) for which such individual (includ4 ing any dependents) was not eligible by rea5 son of such individual’s overseas limited ap6 pointment. 

7 (B) APPLICABILITY.—Services and pay8 ments under this paragraph shall be provided to 

9 an individual (including any dependents) to the 

10 same extent and in the same manner as if such 

11 individual had held a permanent appointment 

12 in the competitive service throughout the period 

13 described in subsection (a)(1). The preceding sen14 tence shall, in the case of any individual, be ef15 fective as of the first day of the period described 

16 in subsection (a)(1) with respect to such indi17 vidual. 

18 (c) GUIDANCE ON IMPLEMENTATION.—The Commis19 sioner shall implement the conversion of an employee serv20 ing under an overseas limited appointment to a permanent 

21 appointment in the competitive service in a manner that— 

22 (1) meets the operational needs of the U.S. Cus23 toms and Border Protection; and 

24 (2) to the greatest extent practicable, is not dis25 ruptive to the employees affected under this Act. 


jbell on DSKDVH8Z91PROD with BILLS

jbell on DSKDVH8Z91PROD with BILLS
Union Calendar No. 218 

111TH CONGRESS 

1ST SESSION H. R. 1517 

[Report No. 111–373, Part I] 

A BILL 

To allow certain U.S. Customs and Border Protecmanent appointment in the competitive service. throughout that time, to be converted to a per- service is rated fully successful or higher ited appointment for at least 2 years, and whose tion employees who serve under an overseas limDECEMBER 14, 2009 

Reported from the Committee on Homeland Security 

D

with an amendment 

ECEMBER 14, 2009 

Committee on Oversight and Government Reform disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


jbell on DSKDVH8Z91PROD with BILLS