1.This Act may be cited as the
United States Secret Service Uniformed
Division Modernization Act of 2009
.
2.The purpose of this Act is 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.
3.Human resources for United States secret
service uniformed division
(a)Pay for members of the United States secret
service uniformed divisionSubpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
102UNITED 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.
10201.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.
10202.
(a)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)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)The Secretary may prescribe such
regulations as may be necessary to administer this chapter.
10203.
(a)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.
RankStep 1Step 2Step
3Step 4Step 5Step 6Step
7Step 8Step 9Step
10Step 11Step
12Step 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
Sergeant59,70862,74465,78068,81671,85274,88877,92480,96083,99687,032
Lieutenant69,01872,35875,69879,03882,37885,71889,05892,39895,738
Captain79,59483,26886,94290,61694,29097,964101,638105,312
Inspector91,53395,75899,983104,208108,433112,658116,883121,108
Deputy ChiefThe 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 ChiefThe 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.
ChiefThe rate of
basic pay the Chief position will be equal to the rate of pay for level V of
the Executive Schedule.
(b)
(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.
10204.Rate of pay for original
appointments
(a)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 NeedThe 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.
10205.
(a)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)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.
10206.
(a)(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)(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.
10207.
(a)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)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.
10208.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.
10209.
(a)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 authorizedA clothing allowance authorized under this
section shall not exceed $500 per
annum.
.
(b)Annual leave limitation for members in the
Deputy Chief, Assistant Chief, and Chief ranksSection 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
IllnessesSection 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.
.
4.
(a)Conversion to new salary schedule in
calendar year 2010
(1)
(A)Effective the first day of the first pay
period beginning on or after May 1, 2010, 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 3(a) of this Act) in accordance with the provisions of this
subsection.
(B)Rate based on creditable service
(i)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 3(a) of this Act (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).
Full
Years of Creditable ServiceStep Assigned Upon Conversion
01
12
23
34
55
76
97
118
139
1510
1711
1912
2213
(ii)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)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)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)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)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)For the purpose of applying section 10207
of title 5, United States Code, relating to promotions, (as added by section
3(a) of this Act) an employee receiving a rate above the maximum rate as
provided under this clause shall be deemed to be at step 13.
(2)Each member whose position is converted to
the salary schedule under chapter 102 of title 5, United States Code, (as added
by section 3(a) of this Act) 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 transitionThe 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 which begins on the date
of enactment of this Act through the day before the effective date 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
(A)The increases in pay as a result of this
Act shall be deemed to be an increase of 2.93 percent in salary of current
members for the purposes of section 5–744 or section 5–745 of the District of
Columbia Code.
(B)Conversion and initial
adjustmentThe conversion of
positions and members of the United States Secret Service Uniformed Division to
appropriate ranks in the salary schedule under section 5–545.01(c) of the
District of Columbia Code, and the initial adjustments of rates of basic pay of
those positions and individuals in accordance with section 5–561.02(a) of the
District of Columbia Code, shall not be treated as an increase in salary for
purposes of section 5–744 or section 5–745 of the District of Columbia
Code.
(2)Treatment of Retirement Benefits and
Pensions of Current and Former MembersExcept 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.
5.Technical and conforming
amendments
(a)To the extent that any provision of the
District of Columbia 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 the
District of Columbia CodeThe
District of Columbia Code is amended as follows:
(1)In section 5–521.01, by striking the
United States Secret Service Uniformed Division,
.
(2)In section 5–521.02, by striking, “the
United States Secret Service Uniformed Division and”.
(3)In section 5–521.03, by striking—
(A)in the section heading
United States Secret Service
Uniformed Division and
;
(B)the United States Secret Service
Uniformed Division and
;
(C)the Secretary of the Treasury
and
; and
(D), respectively
.
(4)In section 5–542.02, by striking
United States Secret Service Uniformed Division,
.
(5)In section 5–543.01(b), by striking
the United States Secret Service Uniformed Division,
.
(6)In section 5–543.02, by striking—
(A)in subsection (a), the Secretary of
Treasury, in the case of the United States Secret Service Uniformed
Division,
;
(B)in subsection (b), the United States
Secret Service Uniformed Division or
; and
(C)in subsection (e), the United States
Secret Service Uniformed Division or
.
(7)In section 5–543.03(a)(5), by striking
the United States Secret Service Uniformed Division and
.
(8)In section 5–543.04, by striking in
subsection (d)(1) the United States Secret Service Uniformed Division
or
.
(9)In section 5–543.05, by striking—
(A)the United States Secret Service
Uniformed Division,
; and
(B)or the Secretary of the
Treasury,
.
(10)In section 5–545.01, by striking—
(A)in the section heading,
and the United States Secret
Service Uniformed Division
;
(B)in subsection (a), and the United
States Secret Service Uniformed Division
;
(C)in subsection (c)(1)—
(i)by striking the United States Secret
Service Uniformed Division and
; and
(ii)in the matter following paragraph (1), by
striking from the Salary Schedule United States Secret Service Uniformed
Division
;
(D)in subsection (c)(2), by striking
the annual rates of basic compensation
and all that follows
through the Secretary of the Treasury, and
;
(E)in subsection (c)(5), by striking
officers and members of the United States Secret Service Uniformed
Division or
;
(F)in subsection (c)(6)(A), by striking
the United States Secret Service Uniformed Division or
;
and
(G)in subsection (c)(7)(A), by striking
the United States Secret Service Uniformed Division or
.
(11)In section 5–545.06, by striking ,
the Secretary of the Treasury,
.
(12)By striking section 5–561.01.
(13)In section 5–561.02(a)(1), by striking
the Secretary of Treasury
and all that follows through
United States Secret Service Uniformed Division, and
.
(14)In section 5–716(b)(2), 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
.
(15)In section 5–1304—
(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
.
(16)In section 5–1305 by striking—
(A)the United States Secret Service
Uniformed Division,
; and
(B)the Secretary of the
Treasury,
.
(c)Technical and conforming amendments to the
United States CodeTitle 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
.
6.This Act (including the
amendments made by this Act) shall take effect the first day of the first pay
period beginning on or after May 1, 2010.
Passed the Senate
October 13, 2009.
Secretary