In the Senate of the United States, 

August 5, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 1517) entitled ‘‘An Act 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.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. DEFINITIONS. 

2 For purposes of this Act— 

3 (1) the term ‘‘Commissioner’’ means the Com4 missioner of U.S. Customs and Border Protection; 

5 (2) the term ‘‘U.S. Customs and Border Protec6 tion’’ means U.S. Customs and Border Protection of 

7 the Department of Homeland Security; 
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1 (3) the term ‘‘competitive service’’ has the mean2 ing given such term by section 2102 of title 5, United 

3 States Code; and 

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

5 means an appointment under— 

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

7 Code of Federal Regulations, as in effect on Jan8 uary 1, 2008; or 

9 (B) any similar antecedent or succeeding 

10 authority, as determined by the Commissioner. 

11 SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIM12 ITED APPOINTMENTS TO PERMANENT AP13 POINTMENTS. 

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

15 5, United States Code, or any other provision of law relat16 ing to the examination, certification, and appointment of 

17 individuals in the competitive service, the Commissioner 

18 may convert an employee serving under an overseas limited 

19 appointment within U.S. Customs and Border Protection 

20 to a permanent appointment in the competitive service 

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

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

23 completed at least 2 years of current continuous serv24 ice under 1 or more overseas limited appointments; 

25 and 
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1 (2) the employee’s performance has, throughout 

2 the period of continuous service referred to in para3 graph (1), been rated at least fully successful or the 

4 equivalent. 

5 An employee whose appointment is converted under the pre6 ceding sentence acquires competitive status upon conver7 sion. 

8 (b) INDEMNIFICATION AND PRIVILEGES.— 

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

10 in the case of any individual whose appointment is 

11 converted under subsection (a), indemnify and hold 

12 such individual harmless from any claim arising 

13 from any event, act, or omission— 

14 (A) that arises from the exercise of such in15 dividual’s official duties, including by reason of 

16 such individual’s residency status, in the foreign 

17 country in which such individual resides at the 

18 time of conversion; 

19 (B) for which the individual would not have 

20 been liable had the individual enjoyed the same 

21 privileges and immunities in the foreign country 

22 as an individual who either was a permanent 

23 employee, or was not a permanent resident, in 

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

25 or omission involved; and 
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1 (C) that occurs before, on, or after the date 

2 of the enactment of this Act, 

3 including any claim for taxes owed to the foreign 

4 country or a subdivision thereof. 

5 (2) SERVICES AND PAYMENTS.— 

6 (A) IN GENERAL.—In the case of any indi7 vidual whose appointment is converted under 

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

9 such individual (including any dependents) serv10 ices and monetary payments— 

11 (i) equivalent to the services and mone12 tary payments provided to other U.S. Cus13 toms and Border Protection employees in 

14 similar positions (and their dependents) in 

15 the same country of assignment by inter16 national agreement, an exchange of notes, or 

17 other diplomatic policy; and 

18 (ii) for which such individual (includ19 ing any dependents) was not eligible by rea20 son of such individual’s overseas limited ap21 pointment. 

22 (B) APPLICABILITY.—Services and pay23 ments under this paragraph shall be provided to 

24 an individual (including any dependents) to the 

25 same extent and in the same manner as if such 
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1 individual had held a permanent appointment 

2 in the competitive service throughout the period 

3 described in subsection (a)(1). 

4 (c) GUIDANCE ON IMPLEMENTATION.—The Commis5 sioner shall implement the conversion of an employee serv6 ing under an overseas limited appointment to a permanent 

7 appointment in the competitive service in a manner that— 

8 (1) meets the operational needs of the U.S. Cus9 toms and Border Protection; and 

10 (2) to the greatest extent practicable, is not dis11 ruptive to the employees affected under this Act. 

12 SEC. 3. RULE OF CONSTRUCTION. 

13 Nothing in this Act shall be construed to affect the pay 

14 of any individual for services performed by such individual 

15 before the date of the conversion of such individual. 

16 SEC. 4. TERMINATION. 

17 The authority of the Commissioner to convert an em18 ployee serving under an overseas limited appointment with19 in U.S. Customs and Border Protection to a permanent ap20 pointment in the competitive service within U.S. Customs 
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1 and Border Protection shall terminate on the date that is 

2 2 years after the date of the enactment of this Act. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 1517 

AMENDMENT