[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 27, 2010.
Resolved, That the Senate agrees to the House of Representatives
amendment to the title of the bill (S. 1510) entitled ``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.''.
Resolved, That the Senate concurs in the House of Representatives
amendment to the above-entitled bill, with the following
SENATE AMENDMENT TO HOUSE AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``United States
Secret Service Uniformed Division Modernization Act of 2010''.
(b) Purpose.--The purpose of this Act 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. 2. 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. 3. 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 2(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 2(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 2(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 2(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.--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)--
(A) 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 Act and the amendments made by this Act shall not
be treated as an increase in the salary of individuals
who are members of the United States Secret Service
Uniformed Division on the date of the enactment of this
Act; and
(B) any adjustment of rates of basic pay of those
positions and individuals in accordance with this Act
and the amendments made by this Act which is made after
such conversion shall be treated as an increase in the
salary of individuals who are members of the United
States Secret Service Uniformed Division on the date of
the enactment of this Act.
(2) Treatment of retirement benefits and pensions of
current and former members.--Except as otherwise provided in
this Act, nothing in this Act 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. 4. 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 Act, 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. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the first day of the first pay period which begins after the date of
the enactment of this Act.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 1510
_______________________________________________________________________
SENATE AMENDMENT TO HOUSE AMENDMENT