    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-252
    111th Congress

    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.--

    [[Page 2633]]

    (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

    [[Page 2634]]

    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.

    Approved October 5, 2010.

    LEGISLATIVE HISTORY--H.R. 1517:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-373, Pt. 1 (Comm. on Homeland Security).
    SENATE REPORTS: No. 111-248 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Dec. 15, considered and passed
    House.
    Vol. 156 (2010):
    Aug. 5, considered and passed
    Senate, amended.
    Sept. 23, House concurred in Senate
    amendment.