[Congressional Record (Bound Edition), Volume 156 (2010), Part 11] [Senate] [Pages 15396-15397] [From the U.S. 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. [[Page 15397]] 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. ____________________