II 

Calendar No. 516 

111TH CONGRESS 

2D SESSION H. R. 1517 

[Report No. 111–248] 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2009 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AUGUST 5, 2010 

Reported by Mr. LIEBERMAN, with an amendment 

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

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. 

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— 


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1 (1) the term ‘‘Commissioner’’ means the Com2 missioner of U.S. Customs and Border Protection; 

3 (2) the term ‘‘U.S. Customs and Border Pro4 tection’’ means U.S. Customs and Border Protection 

5 of the Department of Homeland Security; 

6 (3) the term ‘‘competitive service’’ has the 

7 meaning given such term by section 2102 of title 5, 

8 United States Code; and 

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

10 means an appointment under— 

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

12 Code of Federal Regulations, as in effect on 

13 January 1, 2008; or 

14 (B) any similar antecedent or succeeding 

15 authority, as determined by the Commissioner. 

16 SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIM17 ITED APPOINTMENTS TO PERMANENT AP18 POINTMENTS. 

19 (a) IN GENERAL.—Notwithstanding chapter 33 of 

20 title 5, United States Code, or any other provision of law 

21 relating to the examination, certification, and appointment 

22 of individuals in the competitive service, the Commissioner 

23 may convert an employee serving under an overseas lim24 ited appointment within U.S. Customs and Border ProtecVerDate Mar 15 2010 04:40 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H1517.RS H1517

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1 tion to a permanent appointment in the competitive serv2 ice within U.S. Customs and Border Protection, if— 

3 (1) as of the time of conversion, the employee 

4 has completed at least 2 years of current continuous 

5 service under 1 or more overseas limited appoint6 ments; and 

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

8 the period of continuous service referred to in para9 graph (1), been rated at least fully successful or the 

10 equivalent. 

11 An employee whose appointment is converted under the 

12 preceding sentence acquires competitive status upon con13 version. 

14 (b) INDEMNIFICATION AND PRIVILEGES.— 

15 (1) INDEMNIFICATION.—The United States 

16 shall, in the case of any individual whose appoint17 ment is converted under subsection (a), indemnify 

18 and hold such individual harmless from any claim 

19 arising from any event, act, or omission— 

20 (A) that arises from the exercise of such 

21 individual’s official duties, including by reason 

22 of such individual’s residency status, in the for23 eign country in which such individual resides at 

24 the time of conversion; 


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1 (B) for which the individual would not 

2 have been liable had the individual enjoyed the 

3 same privileges and immunities in the foreign 

4 country as an individual who either was a per5 manent employee, or was not a permanent resi6 dent, in the foreign country at the time of the 

7 event, act, or omission involved; and 

8 (C) that occurs before, on, or after the 

9 date of the enactment of this Act, 

10 including any claim for taxes owed to the foreign 

11 country or a subdivision thereof. 

12 (2) SERVICES AND PAYMENTS.— 

13 (A) IN GENERAL.—In the case of any indi14 vidual whose appointment is converted under 

15 subsection (a), the United States shall provide 

16 to such individual (including any dependents) 

17 services and monetary payments— 

18 (i) equivalent to the services and mon19 etary payments provided to other Customs 

20 and Border Protection employees in similar 

21 positions (and their dependents) in the 

22 same country of assignment by inter23 national agreement, an exchange of notes, 

24 or other diplomatic policy; and 


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1 (ii) for which such individual (includ2 ing any dependents) was not eligible by 

3 reason of such individual’s overseas limited 

4 appointment. 

5 (B) APPLICABILITY.—Services and pay6 ments under this paragraph shall be provided to 

7 an individual (including any dependents) to the 

8 same extent and in the same manner as if such 

9 individual had held a permanent appointment in 

10 the competitive service throughout the period 

11 described in subsection (a)(1). The preceding 

12 sentence shall, in the case of any individual, be 

13 effective as of the first day of the period de14 scribed in subsection (a)(1) with respect to such 

15 individual. 

16 (c) GUIDANCE ON IMPLEMENTATION.—The Commis17 sioner shall implement the conversion of an employee serv18 ing under an overseas limited appointment to a permanent 

19 appointment in the competitive service in a manner that— 

20 (1) meets the operational needs of the U.S. 

21 Customs and Border Protection; and 

22 (2) to the greatest extent practicable, is not dis23 ruptive to the employees affected under this Act. 

24 SECTION 1. DEFINITIONS. 

25 For purposes of this Act— 


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1 (1) the term ‘‘Commissioner’’ means the Com2 missioner of U.S. Customs and Border Protection; 

3 (2) the term ‘‘U.S. Customs and Border Protec4 tion’’ means U.S. Customs and Border Protection of 

5 the Department of Homeland Security; 

6 (3) the term ‘‘competitive service’’ has the mean7 ing given such term by section 2102 of title 5, United 

8 States Code; and 

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

10 means an appointment under— 

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

12 Code of Federal Regulations, as in effect on Jan13 uary 1, 2008; or 

14 (B) any similar antecedent or succeeding 

15 authority, as determined by the Commissioner. 

16 SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIM17 ITED APPOINTMENTS TO PERMANENT AP18 POINTMENTS. 

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

20 5, United States Code, or any other provision of law relat21 ing to the examination, certification, and appointment of 

22 individuals in the competitive service, the Commissioner 

23 may convert an employee serving under an overseas limited 

24 appointment within U.S. Customs and Border Protection 


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1 to a permanent appointment in the competitive service 

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

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

4 completed at least 2 years of current continuous serv5 ice under 1 or more overseas limited appointments; 

6 and 

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

8 the period of continuous service referred to in para9 graph (1), been rated at least fully successful or the 

10 equivalent. 

11 An employee whose appointment is converted under the pre12 ceding sentence acquires competitive status upon conver13 sion. 

14 (b) INDEMNIFICATION AND PRIVILEGES.— 

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

16 in the case of any individual whose appointment is 

17 converted under subsection (a), indemnify and hold 

18 such individual harmless from any claim arising 

19 from any event, act, or omission— 

20 (A) that arises from the exercise of such in21 dividual’s official duties, including by reason of 

22 such individual’s residency status, in the foreign 

23 country in which such individual resides at the 

24 time of conversion; 


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1 (B) for which the individual would not have 

2 been liable had the individual enjoyed the same 

3 privileges and immunities in the foreign country 

4 as an individual who either was a permanent 

5 employee, or was not a permanent resident, in 

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

7 or omission involved; and 

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

9 of the enactment of this Act, 

10 including any claim for taxes owed to the foreign 

11 country or a subdivision thereof. 

12 (2) SERVICES AND PAYMENTS.— 

13 (A) IN GENERAL.—In the case of any indi14 vidual whose appointment is converted under 

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

16 such individual (including any dependents) serv17 ices and monetary payments— 

18 (i) equivalent to the services and mone19 tary payments provided to other U.S. Cus20 toms and Border Protection employees in 

21 similar positions (and their dependents) in 

22 the same country of assignment by inter23 national agreement, an exchange of notes, or 

24 other diplomatic policy; and 


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1 (ii) for which such individual (includ2 ing any dependents) was not eligible by rea3 son of such individual’s overseas limited ap4 pointment. 

5 (B) APPLICABILITY.—Services and pay6 ments under this paragraph shall be provided to 

7 an individual (including any dependents) to the 

8 same extent and in the same manner as if such 

9 individual had held a permanent appointment 

10 in the competitive service throughout the period 

11 described in subsection (a)(1). 

12 (c) GUIDANCE ON IMPLEMENTATION.—The Commis13 sioner shall implement the conversion of an employee serv14 ing under an overseas limited appointment to a permanent 

15 appointment in the competitive service in a manner that— 

16 (1) meets the operational needs of the U.S. Cus17 toms and Border Protection; and 

18 (2) to the greatest extent practicable, is not dis19 ruptive to the employees affected under this Act. 

20 SEC. 3. RULE OF CONSTRUCTION. 

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

22 of any individual for services performed by such individual 

23 before the date of the conversion of such individual. 


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1 SEC. 4. TERMINATION. 

2 The authority of the Commissioner to convert an em3 ployee serving under an overseas limited appointment with4 in U.S. Customs and Border Protection to a permanent ap5 pointment in the competitive service within U.S. Customs 

6 and Border Protection shall terminate on the date that is 

7 2 years after the date of the enactment of this Act. 


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Calendar No. 516 

111TH CONGRESS 

2D SESSION H. R. 1517 

[Report No. 111–248] 

AN ACT 

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 limAUGUST 5, 2010 

Reported with an amendment 


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