IIB 

111TH CONGRESS 

1ST SESSION H. R. 1517 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2009 

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

Governmental Affairs 

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. 


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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 Pro8 tection’’ means U.S. Customs and Border Protection 

9 of the Department of Homeland Security; 

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

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

12 United 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 

17 January 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 

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

25 relating to the examination, certification, and appointment 


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1 of individuals in the competitive service, the Commissioner 

2 may convert an employee serving under an overseas lim3 ited appointment within U.S. Customs and Border Protec4 tion to a permanent appointment in the competitive serv5 ice within U.S. Customs and Border Protection, if— 

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

7 has completed at least 2 years of current continuous 

8 service under 1 or more overseas limited appoint9 ments; 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 

15 preceding sentence acquires competitive status upon con16 version. 

17 (b) INDEMNIFICATION AND PRIVILEGES.— 

18 (1) INDEMNIFICATION.—The United States 

19 shall, in the case of any individual whose appoint20 ment is converted under subsection (a), indemnify 

21 and hold such individual harmless from any claim 

22 arising from any event, act, or omission— 

23 (A) that arises from the exercise of such 

24 individual’s official duties, including by reason 

25 of such individual’s residency status, in the forVerDate Nov 24 2008 23:36 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1517.RFS H1517

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1 eign country in which such individual resides at 

2 the time of conversion; 

3 (B) for which the individual would not 

4 have been liable had the individual enjoyed the 

5 same privileges and immunities in the foreign 

6 country as an individual who either was a per7 manent employee, or was not a permanent resi8 dent, in the foreign country at the time of the 

9 event, act, or omission involved; and 

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

11 date 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 

18 to such individual (including any dependents) 

19 services and monetary payments— 

20 (i) equivalent to the services and mon21 etary 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 23:36 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1517.RFS H1517

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1 national agreement, an exchange of notes, 

2 or other diplomatic policy; and 

3 (ii) for which such individual (includ4 ing any dependents) was not eligible by 

5 reason of such individual’s overseas limited 

6 appointment. 

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 in 

12 the competitive service throughout the period 

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

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

15 effective as of the first day of the period de16 scribed in subsection (a)(1) with respect to such 

17 individual. 

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. 

23 Customs and Border Protection; and 


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1 (2) to the greatest extent practicable, is not dis2 ruptive to the employees affected under this Act. 

Passed the House of Representatives December 15, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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