I 

111TH CONGRESS 

1ST SESSION H. R. 1517 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2009 

Mr. ENGEL (for himself and Mr. KING of New York) introduced the following 

bill; which was referred to the Committee on Homeland Security, and in 

addition to the Committee on Oversight and Government Reform, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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 Nov 24 2008 04:15 Mar 17, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1517.IH 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. 

Æ 


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