[111th Congress Public Law 252]
[From the U.S. Government Printing Office]
[[Page 2631]]
U.S. BORDER PROTECTION APPOINTMENT CONVERSION
[[Page 124 STAT. 2632]]
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. <<NOTE: Oct. 5, 2010 - [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.--
[[Page 124 STAT. 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 <<NOTE: Salaries.>> 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 124 STAT. 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:
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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.
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