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[111th Congress Public Law 252]
[From the U.S. Government Printing Office]

[[Page 2631]]

              U.S. BORDER PROTECTION APPOINTMENT CONVERSION

[[Page 124 STAT. 2632]]

Public Law 111-252
111th Congress

                                 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. <<NOTE: Oct. 5, 2010 -  [H.R. 1517]>> 

    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.--

[[Page 124 STAT. 2633]]

            (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 <<NOTE: Salaries.>> 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

[[Page 124 STAT. 2634]]

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.

    Approved October 5, 2010.

LEGISLATIVE HISTORY--H.R. 1517:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-373, Pt. 1 (Comm. on Homeland Security).
SENATE REPORTS: No. 111-248 (Comm. on Homeland Security and              
      Governmental Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 155 (2009):
                                    Dec. 15, considered and passed 
                                        House.
                                                        Vol. 156 (2010):
                                    Aug. 5, considered and passed 
                                        Senate, amended.
                                    Sept. 23, House concurred in Senate 
                                        amendment.

                                  <all>
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