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 examina-
tion, 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 sub-
section (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 resi-
dency status, in the foreign country in which such indi-
vidual resides at the time of conversion; 
(B) for which the individual would not have been liable 
had the individual enjoyed the same privileges and immuni-
ties in the foreign country as an individual who either 
was a permanent 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 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 pay-
ments 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 individ-
ual’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 competi-
tive service within U.S. Customs and Border Protection shall termi-
nate 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.