[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
June 28, 2010.
Resolved, That the bill from the Senate (S. 1510) entitled ``An Act
to transfer statutory entitlements to pay and hours of work authorized
by the District of Columbia Code for current members of the United
States Secret Service Uniformed Division from the District of Columbia
Code to the United States Code.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Secret Service
Uniformed Division Modernization Act of 2010''.
TITLE I--PERSONNEL RULES FOR UNITED STATES SECRET SERVICE UNIFORMED
DIVISION
SEC. 101. PURPOSE.
The purpose of this title is to transfer statutory entitlements to
pay and hours of work authorized by laws codified in the District of
Columbia Official Code for current members of the United States Secret
Service Uniformed Division from such laws to the United States Code.
SEC. 102. HUMAN RESOURCES FOR UNITED STATES SECRET SERVICE UNIFORMED
DIVISION.
(a) Pay for Members of the United States Secret Service Uniformed
Division.--Subpart I of part III of title 5, United States Code, is
amended by adding at the end the following:
``CHAPTER 102--UNITED STATES SECRET SERVICE UNIFORMED DIVISION
PERSONNEL
``Sec.
``10201. Definitions.
``10202. Authorities.
``10203. Basic pay.
``10204. Rate of pay for original appointments.
``10205. Service step adjustments.
``10206. Technician positions.
``10207. Promotions.
``10208. Demotions.
``10209. Clothing allowances.
``10210. Reporting requirement.
``Sec. 10201. Definitions
``In this chapter--
``(1) the term `member' means an employee of the United
States Secret Service Uniformed Division having the authorities
described under section 3056A(b) of title 18;
``(2) the term `Secretary' means the Secretary of the
Department of Homeland Security; and
``(3) the term `United States Secret Service Uniformed
Division' has the meaning given that term under section 3056A
of title 18.
``Sec. 10202. Authorities
``(a) In General.--The Secretary is authorized to--
``(1) fix and adjust rates of basic pay for members of the
United States Secret Service Uniformed Division, subject to the
requirements of this chapter;
``(2) determine what constitutes an acceptable level of
competence for the purposes of section 10205;
``(3) establish and determine the positions at the Officer
and Sergeant ranks to be included as technician positions; and
``(4) determine the rate of basic pay of a member who is
changed or demoted to a lower rank, in accordance with section
10208.
``(b) Delegation of Authority.--The Secretary is authorized to
delegate to the designated agent or agents of the Secretary, any power
or function vested in the Secretary under in this chapter.
``(c) Regulations.--The Secretary may prescribe such regulations as
may be necessary to administer this chapter.
``Sec. 10203. Basic pay
``(a) In General.--The annual rates of basic pay of members of the
United States Secret Service Uniformed Division shall be fixed in
accordance with the following schedule of rates, except that the
payable annual rate of basic pay for positions at the Lieutenant,
Captain, and Inspector ranks is limited to 95 percent of the rate of
pay for level V of the Executive Schedule under subchapter II of
chapter 53.
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``Rank Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13
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Officer.................................................. $44,000 $46,640 $49,280 $51,920 $54,560 $57,200 $59,840 $62,480 $65,120 $67,760 $70,400 $73,040 $75,680
Sergeant................................................. ........ ........ ........ 59,708 62,744 65,780 68,816 71,852 74,888 77,924 80,960 83,996 87,032
Lieutenant............................................... ........ ........ ........ ........ 69,018 72,358 75,698 79,038 82,378 85,718 89,058 92,398 95,738
Captain.................................................. ........ ........ ........ ........ ........ 79,594 83,268 86,942 90,616 94,290 97,964 101,638 105,312
Inspector................................................ ........ ........ ........ ........ ........ 91,533 95,758 99,983 104,208 108,433 112,658 116,883 121,108
Deputy Chief............................................. The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive
Schedule.
Assistant Chief.......................................... The rate of basic pay the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive
Schedule.
Chief.................................................... The rate of basic pay the Chief position will be equal to the rate of pay for level V of the Executive Schedule.
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``(b) Schedule Adjustment.--
``(1)(A) Effective at the beginning of the first pay period
commencing on or after the first day of the month in which an
adjustment in the rates of basic pay under the General Schedule
takes effect under section 5303 or other authority, the
schedule of annual rates of basic pay of members (except the
Deputy Chiefs, Assistant Chief and Chief) shall be adjusted by
the Secretary by a percentage amount corresponding to the
percentage adjustment made in the rates of pay under the
General Schedule.
``(B) The Secretary may establish a methodology of schedule
adjustment that--
``(i) results in uniform fixed-dollar step
increments within any given rank; and
``(ii) preserves the established percentage
differences among rates of different ranks at the same
step position.
``(2) Notwithstanding paragraph (1), the payable annual
rate of basic pay for positions at the Lieutenant, Captain, and
Inspector ranks after adjustment under paragraph (1) may not
exceed 95 percent of the rate of pay for level V of the
Executive Schedule under subchapter II of chapter 53.
``(3) Locality-based comparability payments authorized
under section 5304 shall be applicable to the basic pay for all
ranks under this section, except locality-based comparability
payments may not be paid at a rate which, when added to the
rate of basic pay otherwise payable to the member, would cause
the total to exceed the rate of basic pay payable for level IV
of the Executive Schedule.
``Sec. 10204. Rate of pay for original appointments
``(a) In General.--Except as provided in subsection (b), all
original appointments shall be made at the minimum rate of basic pay
for the Officer rank set forth in the schedule in section 10203.
``(b) Exception for Superior Qualifications or Special Need.--The
Director of the United States Secret Service or the designee of the
Director may appoint an individual at a rate above the minimum rate of
basic pay for the Officer rank based on the individual's superior
qualifications or a special need of the Government for the individual's
services.
``Sec. 10205. Service step adjustments
``(a) Definition.--In this section, the term `calendar week of
active service' includes all periods of leave with pay or other paid
time off, and periods of non-pay status which do not cumulatively equal
one 40-hour workweek.
``(b) Adjustments.--Each member whose current performance is at an
acceptable level of competence shall have a service step adjustment as
follows:
``(1) Each member in service step 1, 2, or 3 shall be
advanced successively to the next higher service step at the
beginning of the first pay period immediately following the
completion of 52 calendar weeks of active service in the
member's service step.
``(2) Each member in service step 4, 5, 6, 7, 8, 9, 10, or
11 shall be advanced successively to the next higher service
step at the beginning of the first pay period immediately
following the completion of 104 calendar weeks of active
service in the member's service step.
``(3) Each member in service step 12 shall be advanced
successively to the next higher service step at the beginning
of the first pay period immediately following the completion of
156 calendar weeks of active service in the member's service
step.
``Sec. 10206. Technician positions
``(a) In General.--(1) Each member whose position is determined
under section 10202(a)(3) to be included as a technician position
shall, on or after such date, receive, in addition to the member's
scheduled rate of basic pay, an amount equal to 6 percent of the sum of
such member's rate of basic pay and the applicable locality-based
comparability payment.
``(2) A member described in this subsection shall receive the
additional compensation authorized by this subsection until such time
as the member's position is determined under section 10202(a)(3) not to
be a technician position, or until the member no longer occupies such
position, whichever occurs first.
``(3) The additional compensation authorized by this subsection
shall be paid to a member in the same manner and at the same time as
the member's basic pay is paid.
``(b) Exceptions.--(1) Except as provided in paragraph (2), the
additional compensation authorized by subsection (a)(1) shall be
considered as basic pay for all purposes, including section 8401(4).
``(2) The additional compensation authorized by subsection (a)(1)
shall not be considered as basic pay for the purposes of--
``(A) section 5304; or
``(B) section 7511(a)(4).
``(3) The loss of the additional compensation authorized by
subsection (a)(1) shall not constitute an adverse action for the
purposes of section 7512.
``Sec. 10207. Promotions
``(a) In General.--Each member who is promoted to a higher rank
shall receive basic pay at the same step at which such member was being
compensated prior to the date of the promotion.
``(b) Credit for Service.--For the purposes of a service step
adjustment under section 10205, periods of service at the lower rank
shall be credited in the same manner as if it was service at the rank
to which the employee is promoted.
``Sec. 10208. Demotions
``When a member is changed or demoted from any rank to a lower
rank, the Secretary may fix the member's rate of basic pay at the rate
of pay for any step in the lower rank which does not exceed the lowest
step in the lower rank for which the rate of basic pay is equal to or
greater than the member's existing rate of basic pay.
``Sec. 10209. Clothing allowances
``(a) In General.--In addition to the benefits provided under
section 5901, the Director of the United States Secret Service or the
designee of the Director is authorized to provide a clothing allowance
to a member assigned to perform duties in normal business or work
attire purchased at the discretion of the employee. Such clothing
allowance shall not to be treated as part of the member's basic pay for
any purpose (including retirement purposes) and shall not be used for
the purpose of computing the member's overtime pay, pay during leave or
other paid time off, lump-sum payments under section 5551 or section
5552, workers' compensation, or any other benefit. Such allowance for
any member may be discontinued at any time upon written notification by
the Director of the United States Secret Service or the designee of the
Director.
``(b) Maximum Amount Authorized.--A clothing allowance authorized
under this section shall not exceed $500 per annum.
``Sec. 10210. Reporting requirement
``Not later than 3 years after the date of the enactment of this
chapter, the Secretary shall prepare and transmit to Congress a report
on the operation of this chapter. The report shall include--
``(1) an assessment of the effectiveness of this chapter
with respect to efforts of the Secretary to recruit and retain
well-qualified personnel; and
``(2) recommendations for any legislation or administrative
action which the Secretary considers appropriate.''.
(b) Annual Leave Limitation for Members in the Deputy Chief,
Assistant Chief, and Chief Ranks.--Section 6304(f)(1) of title 5,
United States Code, is amended--
(1) in subparagraph (F), by striking ``or'' after the
semicolon;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) a position in the United States Secret
Service Uniformed Division at the rank of Deputy Chief,
Assistant Chief, or Chief.''.
(c) Sick Leave for Work-Related Injuries and Illnesses.--Section
6324 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``Executive Protective
Service force'' and inserting ``United States Secret Service
Uniformed Division'';
(2) in subsection (b)(3), by striking ``the Treasury for
the Executive Protective Service force'' and inserting
``Homeland Security for the United States Secret Service
Uniformed Division''; and
(3) by adding at the end the following:
``(c) This section shall not apply to members of the United States
Secret Service Uniformed Division who are covered under chapter 84 for
the purpose of retirement benefits.''.
SEC. 103. MISCELLANEOUS PROVISIONS.
(a) Conversion to New Salary Schedule.--
(1) In general.--
(A) Rates of pay fixed.--Effective the first day of
the first pay period which begins after the date of the
enactment of this Act, the Secretary shall fix the
rates of basic pay for members of the United States
Secret Service Uniformed Division, as defined under
section 10201 of title 5, United States Code, (as added
by section 102(a)) in accordance with the provisions of
this subsection.
(B) Rate based on creditable service.--
(i) In general.--Each member shall be
placed in and receive basic pay at the
corresponding scheduled rate under chapter 102
of title 5, United States Code, as added by
section 102(a) (after any adjustment under
paragraph (3) of this subsection) in accordance
with the member's total years of creditable
service, as provided in the table in this
clause. If the scheduled rate of basic pay for
the step to which the member would be assigned
in accordance with this paragraph is lower than
the member's rate of basic pay immediately
before the date of enactment of this paragraph,
the member shall be placed in and receive basic
pay at the next higher service step, subject to
the provisions of clause (iv). If the member's
rate of pay exceeds the highest step of the
rank, the rate of basic pay shall be determined
in accordance with clause (iv).
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Full Years of Creditable Service Step Assigned Upon Conversion
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0 1
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1 2
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2 3
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3 4
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5 5
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7 6
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9 7
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11 8
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13 9
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15 10
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17 11
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19 12
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22 13
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(ii) Creditable service.--For the purposes
of this subsection, a member's creditable
service is any police service in pay status
with the United States Secret Service Uniformed
Division, the United States Park Police, or the
District of Columbia Metropolitan Police
Department.
(iii) Step 13 conversion maximum rate.--
(I) In general.--A member who, at
the time of conversion, is in step 13
of any rank below Deputy Chief, is
entitled to that rate of basic pay
which is the greater of--
(aa) the rate of pay for
step 13 under the new salary
schedule; or
(bb) the rate of pay for
step 14 under the pay schedule
in effect immediately before
conversion.
(II) Step 14 rate.--Clause (iv)
shall apply to a member whose pay is
set in accordance with subclause
(I)(bb).
(iv) Adjustment based on former rate of
pay.--
(I) Definition.--In this clause,
the term ``former rate of basic pay''
means the rate of basic pay last
received by a member before the
conversion.
(II) In general.--If, as a result
of conversion to the new salary
schedule, the member's former rate of
basic pay is greater than the maximum
rate of basic pay payable for the rank
of the member's position immediately
after the conversion, the member is
entitled to basic pay at a rate equal
to the member's former rate of basic
pay, and increased at the time of any
increase in the maximum rate of basic
pay payable for the rank of the
member's position by 50 percent of the
dollar amount of each such increase.
(III) Promotions.--For the purpose
of applying section 10207 of title 5,
United States Code, relating to
promotions, (as added by section
102(a)) an employee receiving a rate
above the maximum rate as provided
under this clause shall be deemed to be
at step 13.
(2) Credit for service.--Each member whose position is
converted to the salary schedule under chapter 102 of title 5,
United States Code, (as added by section 102(a)) in accordance
with this subsection shall be granted credit for purposes of
such member's first service step adjustment made after
conversion to the salary schedule under that chapter for all
satisfactory service performed by the member since the member's
last increase in basic pay before the adjustment under this
section.
(3) Adjustments during transition.--The schedule of rates
of basic pay shall be increased by the percentage of any annual
adjustment applicable to the General Schedule authorized under
section 5303 of title 5, United States Code, or any other
authority, which takes effect during the period beginning on
January 1, 2010, through the last day of the last pay period
preceding the first pay period which begins after the date of
the enactment of this Act. The Secretary of Homeland Security
may establish a methodology of schedule adjustment that results
in uniform fixed-dollar step increments within any given rank
and preserves the established percentage differences among
rates of different ranks at the same step position.
(b) Impact on Benefits Under the District of Columbia Police and
Firefighters' Retirement and Disability System.--
(1) Salary increases for purposes of certain pensions and
allowances.--The conversion of positions and members of the
United States Secret Service Uniformed Division to appropriate
ranks in the salary schedule set forth in this title and the
amendments made by this title, and the initial adjustments of
rates of basic pay of those positions and individuals in
accordance with this title and the amendments made by this
title, shall be treated as an increase of 2.50 percent in the
salary of current members for purposes of section 3 of the Act
entitled ``An Act to provide increased pensions for widows and
children of deceased members of the Police Department and the
Fire Department of the District of Columbia'', approved August
4, 1949 (sec. 5-744, D.C. Official Code) and section 301 of the
District of Columbia Police and Firemen's Salary Act of 1953
(sec. 5-745, D.C. Official Code).
(2) Treatment of retirement benefits and pensions of
current and former members.--Except as otherwise provided in
this title, nothing in this title shall affect retirement
benefits and pensions of current members and former members who
have retired under the District of Columbia Police and
Firefighters' Retirement and Disability System.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--To the extent that any provision of any law
codified in the District of Columbia Official Code that authorizes an
entitlement to pay or hours of work for current members of the United
States Secret Service Uniformed Division is not expressly revoked by
this title, such provision shall not apply to such members after the
effective date of this Act.
(b) Technical and Conforming Amendments to Laws Codified in
District of Columbia Official Code.--The following laws codified in the
District of Columbia Official Code are amended as follows:
(1) The Act entitled ``An Act to provide for granting to
officers and members of the Metropolitan Police force, the Fire
Department of the District of Columbia, and the White House and
United States Park Police forces additional compensation for
working on holidays'', approved October 24, 1951, is amended--
(A) in the second sentence of section 1 (sec. 5-
521.01, D.C. Official Code), by striking ``the Fire
Department of the District of Columbia,'' and all that
follows through ``and the United States Park Police
Force'' and inserting ``the Fire Department of the
District of Columbia, and the United States Park Police
Force'';
(B) in section 2 (sec. 5-521.02, D.C. Official
Code), by striking ``and with respect'' and all that
follows through ``United States Park Police force'' and
inserting ``and with respect to officers and members of
the United States Park Police force''; and
(C) in section 3 (sec. 5-521.03, D.C. Official
Code), by striking ``shall be applicable'' and all that
follows and inserting the following: ``shall be
applicable to the United States Park Police force under
regulations promulgated by the Secretary of the
Interior.''.
(2) The District of Columbia Police and Firemen's Salary
Act of 1958 is amended as follows:
(A) In section 202 (sec. 5-542.02, D.C. Official
Code), by striking ``United States Secret Service
Uniformed Division,''.
(B) In section 301(b) (sec. 5-543.01(b), D.C.
Official Code), by striking ``the United States Secret
Service Uniformed Division,''.
(C) In section 302 (sec. 5-543.02, D.C. Official
Code)--
(i) in subsection (a), by striking ``the
Secretary of Treasury, in the case of the
United States Secret Service Uniformed
Division,'';
(ii) in subsection (b), by striking ``the
United States Secret Service Uniformed Division
or''; and
(iii) in subsection (e), by striking ``the
United States Secret Service Uniformed Division
or''.
(D) In section 303(a)(5) (sec. 5-543.03(a)(5), D.C.
Official Code), by striking ``the United States Secret
Service Uniformed Division and''.
(E) In section 304(d)(1) (sec. 5-543.04(d)(1)), by
striking ``the United States Secret Service Uniformed
Division or''.
(F) In section 305 (sec. 5-543.05, D.C. Official
Code)--
(i) by striking ``the United States Secret
Service Uniformed Division,''; and
(ii) by striking ``or the Secretary of the
Treasury,''.
(G) In section 501 (sec. 5-545.01, D.C. Official
Code)--
(i) in subsection (a), by striking ``and
the United States Secret Service Uniformed
Division'';
(ii) in subsection (c)(1)--
(I) by striking ``the United States
Secret Service Uniformed Division
and''; and
(II) in the schedule set forth in
such subsection, by striking ``United
States Secret Service Uniformed
Division'';
(iii) in subsection (c)(2), by striking
``the annual rates of basic compensation'' and
all that follows through ``the Secretary of the
Treasury, and'';
(iv) in subsection (c)(5), by striking
``officers and members of the United States
Secret Service Uniformed Division or'';
(v) in subsection (c)(6)(A), by striking
``the United States Secret Service Uniformed
Division or''; and
(vi) in subsection (c)(7)(A), by striking
``the United States Secret Service Uniformed
Division or''.
(H) In section 506 (sec. 5-545.06, D.C. Official
Code), by striking ``, the Secretary of the
Treasury,''.
(3) Section 118 of the Treasury and General Government
Appropriations Act, 1998, is amended by striking subsection (b)
(sec. 5-561.01, D.C. Official Code).
(4) Section 905(a)(1) of the Law Enforcement Pay Equity Act
of 2000 (Public Law 106-554; sec. 5-561.02(a)(1), D.C. Official
Code) is amended by striking ``the Secretary of Treasury'' and
all that follows through ``United States Secret Service
Uniformed Division, and''.
(5) Subsection (k)(2)(B) of the Policemen and Firemen's
Retirement and Disability Act (sec. 5-716(b)(2), D.C. Official
Code) is amended by inserting ``, or, for a member who was an
officer or member of the United States Secret Service Uniformed
Division, or the United States Secret Service Division, 40
percent of the corresponding salary for step 5 of the Officer
rank in section 10203 of title 5, United States Code'' after
``member's death''.
(6) Section 1 of the Act entitled ``An Act to provide a 5-
day week for officers and members of the Metropolitan Police
force, the United States Park Police force, and the White House
Police force, and for other purposes'', approved August 15,
1950 (sec. 5-1304, D.C. Official Code), is amended--
(A) in subsection (a)(1)--
(i) by inserting ``and'' before ``the
Secretary of the Interior''; and
(ii) by striking ``, and the Secretary of
the Treasury in the case of the United States
Secret Service Uniformed Division'';
(B) in subsection (a)(9)--
(i) by inserting ``or'' before ``the United
States Park Police force''; and
(ii) by striking ``or the United States
Secret Service Uniformed Division'';
(C) in subsection (b)--
(i) by inserting ``or'' before ``the
Secretary of the Interior''; and
(ii) by striking ``or the Secretary of the
Treasury,'';
(D) in subsection (h)(3)(A), by striking ``of the
United States Secret Service Uniformed Division or'';
and
(E) in subsection (h)(3)(B), by striking ``of the
United States Secret Service Uniformed Division or''.
(7) Section 117(a) of the District of Columbia Police and
Firemen's Salary Act Amendments of 1972 (sec. 5-1305, D.C.
Official Code) is amended--
(A) by striking ``the Fire Department of the
District of Columbia,'' and all that follows through
``or the United States Park Police force'' and
inserting ``the Fire Department of the District of
Columbia, or the United States Park Police force''; and
(B) by striking ``, the Secretary of the
Treasury,''.
(c) Technical and Conforming Amendments to the United States
Code.--Title 5 of the United States Code is amended--
(1) in section 5102(c)(5), by striking ``the Executive
Protective Service'' and inserting ``the United States Secret
Service Uniformed Division'';
(2) in section 5541(2)(iv)(II), by striking ``a member of
the United States Secret Service Uniformed Division,''; and
(3) in the table of chapters for subpart I of part III by
adding at the end the following:
``102. United States Secret Service Uniformed Division 10201''.
Personnel.
SEC. 105. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on the first day of the first pay period which begins after the date of
the enactment of this Act.
TITLE II--FEDERAL REAL PROPERTY DISPOSAL ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Real Property Disposal
Enhancement Act of 2010''.
SEC. 202. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE
AGENCIES.
(a) In General.--Section 524 of title 40, United States Code, is
amended to read as follows:
``Sec. 524. Duties of the General Services Administration and executive
agencies
``(a) Duties of the General Services Administration.--
``(1) Guidance.--The Administrator shall issue guidance for
the development and implementation of agency real property
plans. Such guidance shall include recommendations on--
``(A) how to identify excess properties;
``(B) how to evaluate the costs and benefits
involved with disposing of real property;
``(C) how to prioritize disposal decisions based on
agency missions and anticipated future need for
holdings; and
``(D) how best to dispose of those properties
identified as excess to the needs of the agency.
``(2) Annual report.--(A) The Administrator shall submit an
annual report, for each of the first 5 years after 2010, to the
congressional committees listed in subparagraph (C) based on
data submitted from all executive agencies, detailing executive
agency efforts to reduce their real property assets and the
additional information described in subparagraph (B).
``(B) The report shall contain the following information
for the year covered by the report:
``(i) The aggregated estimated market value and
number of real property assets under the custody and
control of all executive agencies, set forth
government-wide and by agency, and for each at the
constructed asset level and at the facility/
installation level.
``(ii) The aggregated estimated market value and
number of surplus real property assets under the
custody and control of all executive agencies, set
forth government-wide and by agency, and for each at
the constructed asset level and at the facility/
installation level.
``(iii)(I) The aggregated cost for maintaining all
surplus real property under the custody and control of
all executive agencies, set forth government-wide and
by agency, and for each at the constructed asset level
and at the facility/installation level.
``(II) For purposes of subclause (I), costs for
real properties owned by the Federal Government shall
include recurring maintenance and repair costs,
utilities, cleaning and janitorial costs, and roads and
grounds expenses.
``(III) For purposes of subclause (I), costs for
real properties leased by the Federal Government shall
include lease costs, including base and operating rent
and any other relevant costs listed in subclause (II)
not covered in the lease contract.
``(iv) The aggregated estimated deferred
maintenance costs of all real property under the
custody and control of all executive agencies, set
forth government-wide and by agency, and for each at
the constructed asset level and at the facility/
installation level.
``(v) For each surplus real property facility/
installation disposed of, an indication of--
``(I) its geographic location with address
and description;
``(II) its size, including square footage
and acreage;
``(III) the date and method of disposal;
and
``(IV) its estimated market value.
``(vi) Such other information as the Administrator
considers appropriate.
``(C) The congressional committees listed in this
subparagraph are as follows:
``(i) The Committee on Oversight and Government
Reform and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(ii) The Committee on Homeland Security and
Governmental Affairs and the Committee on Environment
and Public Works of the Senate.
``(3) Assistance.--The Administrator shall assist executive
agencies in the identification and disposal of excess real
property.
``(b) Duties of Executive Agencies.--
``(1) In general.--Each executive agency shall--
``(A) maintain adequate inventory controls and
accountability systems for property under its control;
``(B) continuously survey property under its
control to identify excess property;
``(C) promptly report excess property to the
Administrator;
``(D) perform the care and handling of excess
property; and
``(E) transfer or dispose of excess property as
promptly as possible in accordance with authority
delegated and regulations prescribed by the
Administrator.
``(2) Specific requirements with respect to real
property.--With respect to real property, each executive agency
shall--
``(A) develop and implement a real property plan in
order to identify properties to declare as excess using
the guidance issued under subsection (a)(1);
``(B) identify and categorize all real property
owned, leased, or otherwise managed by the agency;
``(C) establish adequate goals and incentives that
lead the agency to reduce excess real property in its
inventory; and
``(D) when appropriate, use the authorities in
section 572(a)(2)(B) of this title in order to identify
and prepare real property to be reported as excess.
``(3) Additional requirements.--Each executive agency, as
far as practicable, shall--
``(A) reassign property to another activity within
the agency when the property is no longer required for
the purposes of the appropriation used to make the
purchase;
``(B) transfer excess property under its control to
other Federal agencies and to organizations specified
in section 321(c)(2) of this title; and
``(C) obtain excess properties from other Federal
agencies to meet mission needs before acquiring non-
Federal property.''.
(b) Clerical Amendment.--The item relating to section 524 in the
table of sections at the beginning of chapter 5 of such title is
amended to read as follows:
``524. Duties of the General Services Administration and executive
agencies.''.
SEC. 203. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO
BE REPORTED AS EXCESS.
Section 572(a)(2) of title 40, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Additional authority.--(i) From the fund
described in paragraph (1), subject to clause (iv), the
Administrator may obligate an amount to pay the direct
and indirect costs related to identifying and preparing
properties to be reported excess by another agency.
``(ii) The General Services Administration shall be
reimbursed from the proceeds of the sale of such
properties for such costs.
``(iii) Net proceeds shall be dispersed pursuant to
section 571 of this title.
``(iv) The authority under clause (i) to obligate
funds to prepare properties to be reported excess does
not include the authority to convey such properties by
use, sale, lease, exchange, or otherwise, including
through leaseback arrangements or service agreements.
``(v) Nothing in this subparagraph is intended to
affect subparagraph (D).''.
SEC. 204. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY.
(a) Authority To Pay Expenses Related to Reverted Real Property.--
Section 572(a)(2)(A) of title 40, United States Code, is amended by
adding at the end the following:
``(iv) The direct and indirect costs
associated with the reversion, custody, and
disposal of reverted real property.''.
(b) Requirements Related to Sales of Reverted Property Under
Section 550.--Section 550(b)(1) of title 40, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(1) In general.--''; and
(2) by adding at the end the following: ``If the official,
in consultation with the Administrator, recommends reversion of
the property, the Administrator shall take control of such
property, and, subject to subparagraph (B), sell it at or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(B) Prior to sale, the Administrator shall make such
property available to State and local governments and certain
non-profit institutions or organizations pursuant to this
section and sections 553 and 554 of this title.''.
(c) Requirements Related to Sales of Reverted Property Under
Section 553.--Section 553(e) of title 40, United States Code, is
amended--
(1) by inserting ``(1)'' after ``This Section.--''; and
(2) by adding at the end the following: ``If the
Administrator determines that reversion of the property is
necessary to enforce compliance with the terms of the
conveyance, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 554 of this title.''.
(d) Requirements Related to Sales of Reverted Property Under
Section 554.--Section 554(f) of title 40, United States Code, is
amended--
(1) by inserting ``(1)'' after ``This Section.--''; and
(2) by adding at the end the following: ``If the Secretary,
in consultation with the Administrator, recommends reversion of
the property, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 553 of this title.''.
SEC. 205. AGENCY RETENTION OF PROCEEDS.
The text of section 571 of title 40, United States Code, is amended
to read as follows:
``(a) Proceeds From Transfer or Sale of Real Property.--Net
proceeds described in subsection (d) shall be deposited into the
appropriate real property account of the agency that had custody and
accountability for the real property at the time the real property is
determined to be excess. Such funds shall be expended only for
activities as described in section 524(b) of this title and disposal
activities, including paying costs incurred by the General Services
Administration for any disposal-related activity authorized by this
title. Such funds may also be expended by the agency for maintenance
and repairs of the agency's real property necessary for its disposal or
for the repair or alteration of the agency's other real property. Such
funds are available only to the extent and in the amounts provided in
annual appropriations Acts, except that such funds shall not be
authorized for expenditure in an appropriations Act for any repair or
alteration project that is subject to the requirements of section 3307
of this title without a prospectus submitted by the General Services
Administration and approved by the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574 of this title.
``(c) Disposal Agency for Reverted Property.--For the purposes of
this section, for any real property that reverts to the United States
under sections 550, 553, and 554 of this title, the General Services
Administration, as the disposal agency, shall be treated as the agency
with custody and accountability for the real property at the time the
real property is determined to be excess.
``(d) Net Proceeds.--The net proceeds referred to in subsection (a)
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a) of this title, from a--
``(1) transfer of excess real property to a Federal agency
for agency use; or
``(2) sale, lease, or other disposition of surplus real
property.
``(e) Proceeds From Transfer or Sale of Personal Property.--(1)
Except as otherwise provided in this subchapter, proceeds described in
paragraph (2) shall be deposited in the Treasury as miscellaneous
receipts.
``(2) The proceeds described in this paragraph are proceeds under
this chapter from--
``(A) a transfer of excess personal property to a Federal
agency for agency use; or
``(B) a sale, lease, or other disposition of surplus
personal property.
``(3) Subject to regulations under this subtitle, the expenses of
the sale of personal property may be paid from the proceeds of sale so
that only the net proceeds are deposited in the Treasury. This
paragraph applies whether proceeds are deposited as miscellaneous
receipts or to the credit of an appropriation as authorized by law.''.
SEC. 206. DEMONSTRATION AUTHORITY.
(a) In General.--Subchapter II of chapter 5 of title 40, United
States Code, is amended by adding at the end the following new section:
``Sec. 530. Demonstration program of inapplicability of certain
requirements of law
``(a) Authority.--Effective for fiscal years 2011 and 2012, the
requirements of section 501(a) of the McKinney Vento Homeless
Assistance Act (42 U.S.C. 11411(a)) shall not apply to eligible
properties.
``(b) Eligible Properties.--A property is eligible for purposes of
subsection (a) if it meets both of the following requirements:
``(1) The property is selected for demolition by an agency
and is a Federal building or other Federal real property
located on land not determined to be excess, for which there is
an ongoing Federal need, and not to be used in any lease,
exchange, leaseback arrangement, or service agreement.
``(2) The property is--
``(A) located in an area to which the general
public is denied access in the interest of national
security and where alternative access cannot be
provided for the public without compromising national
security; or
``(B) the property is--
``(i) uninhabitable;
``(ii) not a housing unit; and
``(iii) selected for demolition by an
agency because either--
``(I) the demolition is necessary
to further an identified Federal need
for which funds have been authorized
and appropriated; or
``(II) the property poses risk to
human health and safety or has become
an attractive nuisance.
``(c) Limitations.--
``(1) No property of the Department of Veterans Affairs may
be considered an eligible property for purposes of subsection
(a).
``(2) With respect to an eligible property described in
subsection (b), the land underlying the property remains
subject to all public benefit requirements and notifications
for disposal.
``(d) Notification to Congress.--(1) A list of each eligible
property described in subsection (b) that is demolished or scheduled
for demolition, by date of demolition or projected demolition date,
shall be sent to the congressional committees listed in paragraph (2)
and published on the Web site of the General Services Administration
biannually beginning 6 months after the date of the enactment of this
section.
``(2) The congressional committees listed in this paragraph are as
follows:
``(A) The Committee on Oversight and Government Reform and
the Committee on Transportation and Infrastructure of the House
of Representatives.
``(B) The Committee on Homeland Security and Governmental
Affairs and the Committee on Environment and Public Works of
the Senate.
``(e) Relationship to Other Provisions of Law.--Nothing in this
section may be construed as interfering with the requirement for the
submission of a prospectus to Congress as established by section 3307
of this title or for all demolitions to be carried out pursuant to
section 527 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 40, United States Code, is amended by inserting
after the item relating to section 529 the following new item:
``530. Demonstration program of inapplicability of certain requirements
of law.''.
SEC. 207. PUBLIC BENEFIT CONVEYANCES.
Nothing in this title or the amendments made by this title shall be
construed to modify preferences and priorities for public benefit
conveyances to State or local governments or other eligible recipients
as authorized under section 550 of title 40, United States Code, or
other relevant law.
TITLE III--WAIVER OF RECOVERY OF CERTAIN PAYMENTS UNDER DOD CIVILIAN
EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM
SEC. 301. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS
PREVIOUSLY MADE UNDER DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) Authority for Waiver.--Subject to subsection (c), the Secretary
of Defense may waive the requirement under subsection (f)(6)(B) of
section 9902 of title 5, United States Code, for repayment to the
Department of Defense of a voluntary separation incentive payment made
under subsection (f)(1) of such section 9902 in the case of an employee
or former employee of the Department of Defense described in subsection
(b).
(b) Persons Covered.--Subsection (a) applies to any employee or
former employee of the Department of Defense--
(1) who during the period beginning on April 1, 2004, and
ending on March 1, 2008, received a voluntary separation
incentive payment under subsection (f)(1) of section 9902 of
title 5, United States Code;
(2) who was reappointed to a position in the Department of
Defense during the period beginning on June 1, 2004, and ending
on May 1, 2008; and
(3) who, as determined by the Secretary of Defense--
(A) before accepting the reappointment referred to
in paragraph (2), received a written representation
from an officer or employee of the Department of
Defense that recovery of the amount of the payment
referred to in paragraph (1) would not be required or
would be waived, and
(B) reasonably relied on that representation in
accepting reappointment.
(c) Required Determination.--The Secretary of Defense may grant a
waiver under subsection (a) in the case of any individual only if the
Secretary determines that recovery of the amount of the payment
referred to in that subsection would be against equity and good
conscience or would be contrary to the best interests of the United
States.
(d) Refund.--At the discretion of the Secretary of Defense, a
person who has repaid to the United States all or part of the voluntary
separation incentive payment for which repayment is waived under this
section may receive a refund of the amount previously repaid to the
United States. The Secretary may use funds authorized to be
appropriated for civilian personnel for fiscal year 2011 or any year
thereafter.
TITLE IV--PAYGO COMPLIANCE
SEC. 401. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Amend the title so as to read: ``An Act to transfer
statutory entitlements to pay and hours of work authorized by
laws codified in the District of Columbia Official Code for
current members of the United States Secret Service Uniformed
Division from such laws to the United States Code, and for
other purposes.''.
Attest:
Clerk.
111th CONGRESS
2d Session
S. 1510
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AMENDMENTS