[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Enrolled Bill (ENR)]

        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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.