In the Senate of the United States, 
August 5, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1517) entitled ‘‘An Act to allow certain U.S. Cus-
toms 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.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
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;
† HR 1517 EAS 
(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 
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
† HR 1517 EAS 
(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; 
(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
† HR 1517 EAS 
(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 
(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
† HR 1517 EAS 
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. 
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
† HR 1517 EAS 
and Border Protection shall terminate on the date that is 
2 years after the date of the enactment of this Act. 
Attest: 
Secretary.