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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act--</DELETED>
        <DELETED>    (1) the term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection;</DELETED>
        <DELETED>    (2) the term ``U.S. Customs and Border 
        Protection'' means U.S. Customs and Border Protection of the 
        Department of Homeland Security;</DELETED>
        <DELETED>    (3) the term ``competitive service'' has the 
        meaning given such term by section 2102 of title 5, United 
        States Code; and</DELETED>
        <DELETED>    (4) the term ``overseas limited appointment'' 
        means an appointment under--</DELETED>
                <DELETED>    (A) subpart B of part 301 of title 5 of 
                the Code of Federal Regulations, as in effect on 
                January 1, 2008; or</DELETED>
                <DELETED>    (B) any similar antecedent or succeeding 
                authority, as determined by the Commissioner.</DELETED>

<DELETED>SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED 
              APPOINTMENTS TO PERMANENT APPOINTMENTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>An employee whose appointment is converted under the preceding 
sentence acquires competitive status upon conversion.</DELETED>
<DELETED>    (b) Indemnification and Privileges.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) that occurs before, on, or after the 
                date of the enactment of this Act,</DELETED>
        <DELETED>including any claim for taxes owed to the foreign 
        country or a subdivision thereof.</DELETED>
        <DELETED>    (2) Services and payments.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) for which such individual 
                        (including any dependents) was not eligible by 
                        reason of such individual's overseas limited 
                        appointment.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) meets the operational needs of the U.S. 
        Customs and Border Protection; and</DELETED>
        <DELETED>    (2) to the greatest extent practicable, is not 
        disruptive to the employees affected under this Act.</DELETED>

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 U.S. 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).
    (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--
            (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.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to affect the pay of any 
individual for services performed by such individual before the date of 
the conversion of such individual.

SEC. 4. TERMINATION.

    The authority of the Commissioner to 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 shall terminate on the date that is 
2 years after the date of the enactment of this Act.
                                                       Calendar No. 516

111th CONGRESS

  2d Session

                               H. R. 1517

                          [Report No. 111-248]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 5, 2010

                       Reported with an amendment
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