[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1517
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2009
Mr. Engel (for himself and Mr. King of New York) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on Oversight and Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 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).
The preceding sentence shall, in the case of any
individual, be effective as of the first day of the
period described in subsection (a)(1) with respect to
such individual.
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