II 
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 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. 
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— 
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(1) the term ‘‘Commissioner’’ means the Com-
missioner of U.S. Customs and Border Protection; 
(2) the term ‘‘U.S. Customs and Border Pro-
tection’’ 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 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 
relating to the examination, certification, and appointment 
of individuals in the competitive service, the Commissioner 
may convert an employee serving under an overseas lim-
ited appointment within U.S. Customs and Border Protec-
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tion to a permanent appointment in the competitive serv-
ice 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 appoint-
ments; 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 
preceding sentence acquires competitive status upon con-
version. 
(b) INDEMNIFICATION AND PRIVILEGES.— 
(1)
INDEMNIFICATION.—The
United
States 
shall, in the case of any individual whose appoint-
ment 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 for-
eign country in which such individual resides at 
the time of conversion; 
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(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 per-
manent employee, or was not a permanent resi-
dent, 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) 
services and monetary payments— 
(i) equivalent to the services and mon-
etary payments provided to other Customs 
and Border Protection employees in similar 
positions (and their dependents) in the 
same
country
of
assignment
by
inter-
national agreement, an exchange of notes, 
or other diplomatic policy; and 
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(ii) for which such individual (includ-
ing any dependents) was not eligible by 
reason of such individual’s overseas limited 
appointment. 
(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 
sentence shall, in the case of any individual, be 
effective as of the first day of the period de-
scribed in subsection (a)(1) with respect to such 
individual. 
(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. 
Customs and Border Protection; and 
(2) to the greatest extent practicable, is not dis-
ruptive to the employees affected under this Act. 
SECTION 1. DEFINITIONS. 
For purposes of this Act— 
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(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 
individuals in the competitive service, the Commissioner 
may convert an employee serving under an overseas limited 
appointment within U.S. Customs and Border Protection 
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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 
country in which such individual resides at the 
time of conversion; 
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(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 U.S. Cus-
toms and Border Protection employees in 
similar positions (and their dependents) in 
the same country of assignment by inter-
national agreement, an exchange of notes, or 
other diplomatic policy; and 
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(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). 
(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. 
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. 
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SEC. 4. TERMINATION. 
The authority of the Commissioner to convert an em-
ployee serving under an overseas limited appointment with-
in U.S. Customs and Border Protection to a permanent ap-
pointment 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. 
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Calendar No. 516 
111TH CONGRESS 
2D SESSION 
H. R. 1517 
[Report No. 111–248] 
AN ACT 
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. 
AUGUST 5, 2010 
Reported with an amendment 
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