[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Page S6978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BORDER PROTECTION APPOINTMENT ACT
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 516.
The PRESIDING OFFICER. The clerk will state the bill by title.
The assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:
H.R. 1517
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.
Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be agreed to, the bill, as amended, be
read the third time and passed, the motion to reconsider be laid upon
the table, with no intervening action or debate, and that any
statements relating to the measure be printed in the Record, as if
read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 1517), as amended, was read the third time and passed.
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