[Congressional Record Volume 155, Number 147 (Tuesday, October 13, 2009)]
[Senate]
[Pages S10378-S10380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 UNITED STATES SECRET SERVICE UNIFORMED DIVISION MODERNIZATION ACT OF 
                                  2009

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 171, S. 1510.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 1510) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1510) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1510

       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

[[Page S10379]]

     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

[[Page S10380]]

       (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 Pers10201''.....

     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.

                          ____________________