[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Referred in House (RFH)]
111th CONGRESS
1st Session
S. 1510
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 14, 2009
Referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Secret Service
Uniformed Division Modernization Act of 2009''.
SEC. 2. PURPOSE.
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.
SEC. 3. 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.
``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.''.
(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. 4. MISCELLANEOUS PROVISIONS.
(a) Conversion to New Salary Schedule in Calendar Year 2010.--
(1) In general.--
(A) Rates of pay fixed.--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) 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 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 Service Step Assigned Upon Conversion
----------------------------------------------------------------------------------------------------------------
0 1
----------------------------------------------------------------------------------------------------------------
1 2
----------------------------------------------------------------------------------------------------------------
2 3
----------------------------------------------------------------------------------------------------------------
3 4
----------------------------------------------------------------------------------------------------------------
5 5
----------------------------------------------------------------------------------------------------------------
7 6
----------------------------------------------------------------------------------------------------------------
9 7
----------------------------------------------------------------------------------------------------------------
11 8
----------------------------------------------------------------------------------------------------------------
13 9
----------------------------------------------------------------------------------------------------------------
15 10
----------------------------------------------------------------------------------------------------------------
17 11
----------------------------------------------------------------------------------------------------------------
19 12
----------------------------------------------------------------------------------------------------------------
22 13
----------------------------------------------------------------------------------------------------------------
(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 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) 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 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 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 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) Deemed increase.--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 adjustment.--The
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 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. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--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
Code.--The 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
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. 6. EFFECTIVE DATE.
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.
Attest:
NANCY ERICKSON,
Secretary.