IB 
Union Calendar No. 218 
111TH CONGRESS 
1ST SESSION H. R. 1517 
[Report No. 111–373, Part I] 
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 com-
mittee concerned 
DECEMBER 14, 2009 
Additional sponsors: Mr. BILIRAKIS, Mrs. MILLER of Michigan, and Ms. 
RICHARDSON 
DECEMBER 14, 2009 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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DECEMBER 14, 2009 
Committee on Oversight and Government Reform discharged; committed to 
the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on March 16, 2009] 
A BILL 
To allow certain U.S. Customs and Border Protection em-
ployees 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 con-
verted to a permanent appointment in the competitive 
service. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘Commissioner’’ means the Com-
missioner of U.S. Customs and Border Protection; 
(2) the term ‘‘U.S. Customs and Border Protec-
tion’’ means U.S. Customs and Border Protection of 
the Department of Homeland Security; 
(3) the term ‘‘competitive service’’ has the mean-
ing 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 Jan-
uary 1, 2008; or 
(B) any similar antecedent or succeeding 
authority, as determined by the Commissioner. 
SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIM-
ITED APPOINTMENTS TO PERMANENT AP-
POINTMENTS. 
(a) IN GENERAL.—Notwithstanding chapter 33 of title 
5, United States Code, or any other provision of law relat-
ing to the examination, certification, and appointment of 
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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 serv-
ice under 1 or more overseas limited appointments; 
and 
(2) the employee’s performance has, throughout 
the period of continuous service referred to in para-
graph (1), been rated at least fully successful or the 
equivalent. 
An employee whose appointment is converted under the pre-
ceding sentence acquires competitive status upon conver-
sion. 
(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 in-
dividual’s official duties, including by reason of 
such individual’s residency status, in the foreign 
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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 indi-
vidual whose appointment is converted under 
subsection (a), the United States shall provide to 
such individual (including any dependents) serv-
ices and monetary payments— 
(i) equivalent to the services and mone-
tary payments provided to other Customs 
and Border Protection employees in similar 
positions (and their dependents) in the 
same country of assignment by inter-
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national agreement, an exchange of notes, or 
other diplomatic policy; and 
(ii) for which such individual (includ-
ing any dependents) was not eligible by rea-
son of such individual’s overseas limited ap-
pointment. 
(B) APPLICABILITY.—Services and pay-
ments 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 sen-
tence shall, in the case of any individual, be ef-
fective as of the first day of the period described 
in subsection (a)(1) with respect to such indi-
vidual. 
(c) GUIDANCE ON IMPLEMENTATION.—The Commis-
sioner shall implement the conversion of an employee serv-
ing 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. Cus-
toms and Border Protection; and 
(2) to the greatest extent practicable, is not dis-
ruptive to the employees affected under this Act. 
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Union Calendar No. 218 
111TH CONGRESS 
1ST SESSION 
H. R. 1517 
[Report No. 111–373, Part I] 
A BILL 
To allow certain U.S. Customs and Border Protec-
tion employees who serve under an overseas lim-
ited appointment for at least 2 years, and whose 
service is rated fully successful or higher 
throughout that time, to be converted to a per-
manent appointment in the competitive service. 
DECEMBER 14, 2009 
Reported from the Committee on Homeland Security 
with an amendment 
DECEMBER 14, 2009 
Committee on Oversight and Government Reform dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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