[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
August 5, 2010.
Resolved, That the bill from the House of Representatives (H.R.
1517) entitled ``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.'', 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 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.--
(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 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 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.
Attest:
Secretary.
111th CONGRESS
2d Session
H.R. 1517
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AMENDMENT