[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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