[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.


------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                          ``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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    ``(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
----------------------------------------------------------------------------------------------------------------
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

_______________________________________________________________________

                               AMENDMENTS