H. R. 1517 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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, 

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.— 
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(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 
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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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.