[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Reported in Senate (RS)]
Calendar No. 516
111th CONGRESS
2d Session
H. R. 1517
[Report No. 111-248]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2009
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
August 5, 2010
Reported by Mr. Lieberman, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. DEFINITIONS.</DELETED>
<DELETED> For purposes of this Act--</DELETED>
<DELETED> (1) the term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection;</DELETED>
<DELETED> (2) the term ``U.S. Customs and Border
Protection'' means U.S. Customs and Border Protection of the
Department of Homeland Security;</DELETED>
<DELETED> (3) the term ``competitive service'' has the
meaning given such term by section 2102 of title 5, United
States Code; and</DELETED>
<DELETED> (4) the term ``overseas limited appointment''
means an appointment under--</DELETED>
<DELETED> (A) subpart B of part 301 of title 5 of
the Code of Federal Regulations, as in effect on
January 1, 2008; or</DELETED>
<DELETED> (B) any similar antecedent or succeeding
authority, as determined by the Commissioner.</DELETED>
<DELETED>SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED
APPOINTMENTS TO PERMANENT APPOINTMENTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>An employee whose appointment is converted under the preceding
sentence acquires competitive status upon conversion.</DELETED>
<DELETED> (b) Indemnification and Privileges.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) that occurs before, on, or after the
date of the enactment of this Act,</DELETED>
<DELETED>including any claim for taxes owed to the foreign
country or a subdivision thereof.</DELETED>
<DELETED> (2) Services and payments.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) for which such individual
(including any dependents) was not eligible by
reason of such individual's overseas limited
appointment.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) meets the operational needs of the U.S.
Customs and Border Protection; and</DELETED>
<DELETED> (2) to the greatest extent practicable, is not
disruptive to the employees affected under this Act.</DELETED>
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.
Calendar No. 516
111th CONGRESS
2d Session
H. R. 1517
[Report No. 111-248]
_______________________________________________________________________
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.
_______________________________________________________________________
August 5, 2010
Reported with an amendment