[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Enrolled Bill (ENR)]
S.1510
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 Personnel10201''.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.