[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[House]
[Pages 11797-11804]
[From the U.S. Government Publishing Office, www.gpo.gov]




 UNITED STATES SECRET SERVICE UNIFORMED DIVISION MODERNIZATION ACT OF 
                                  2010

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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, as amended.
  The Clerk read the title of the bill.
  The text of the amendments is as follows:

       Amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Secret Service 
     Uniformed Division Modernization Act of 2010''.

  TITLE I--PERSONNEL RULES FOR UNITED STATES SECRET SERVICE UNIFORMED 
                                DIVISION

     SEC. 101. PURPOSE.

       The purpose of this title 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. 102. 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.


[[Page 11798]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                          ``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.

     ``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. 103. MISCELLANEOUS PROVISIONS.

       (a) Conversion to New Salary Schedule.--

[[Page 11799]]

       (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 102(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 
     102(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).


------------------------------------------------------------------------
   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 102(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 102(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.--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 
     title and the amendments made by this title, and the initial 
     adjustments of rates of basic pay of those positions and 
     individuals in accordance with this title and the amendments 
     made by this title, shall be treated as an increase of 2.50 
     percent in the salary of current members 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).
       (2) Treatment of retirement benefits and pensions of 
     current and former members.--Except as otherwise provided in 
     this title, nothing in this title 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. 104. 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 title, 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

[[Page 11800]]

       (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 Pers10201''.....

     SEC. 105. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on the first day of the first pay period which begins 
     after the date of the enactment of this Act.

          TITLE II--FEDERAL REAL PROPERTY DISPOSAL ENHANCEMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Federal Real Property 
     Disposal Enhancement Act of 2010''.

     SEC. 202. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND 
                   EXECUTIVE AGENCIES.

       (a) In General.--Section 524 of title 40, United States 
     Code, is amended to read as follows:

     ``Sec. 524. Duties of the General Services Administration and 
       executive agencies

       ``(a) Duties of the General Services Administration.--
       ``(1) Guidance.--The Administrator shall issue guidance for 
     the development and implementation of agency real property 
     plans. Such guidance shall include recommendations on--
       ``(A) how to identify excess properties;
       ``(B) how to evaluate the costs and benefits involved with 
     disposing of real property;
       ``(C) how to prioritize disposal decisions based on agency 
     missions and anticipated future need for holdings; and
       ``(D) how best to dispose of those properties identified as 
     excess to the needs of the agency.
       ``(2) Annual report.--(A) The Administrator shall submit an 
     annual report, for each of the first 5 years after 2010, to 
     the congressional committees listed in subparagraph (C) based 
     on data submitted from all executive agencies, detailing 
     executive agency efforts to reduce their real property assets 
     and the additional information described in subparagraph (B).
       ``(B) The report shall contain the following information 
     for the year covered by the report:
       ``(i) The aggregated estimated market value and number of 
     real property assets under the custody and control of all 
     executive agencies, set forth government-wide and by agency, 
     and for each at the constructed asset level and at the 
     facility/installation level.
       ``(ii) The aggregated estimated market value and number of 
     surplus real property assets under the custody and control of 
     all executive agencies, set forth government-wide and by 
     agency, and for each at the constructed asset level and at 
     the facility/installation level.
       ``(iii)(I) The aggregated cost for maintaining all surplus 
     real property under the custody and control of all executive 
     agencies, set forth government-wide and by agency, and for 
     each at the constructed asset level and at the facility/
     installation level.
       ``(II) For purposes of subclause (I), costs for real 
     properties owned by the Federal Government shall include 
     recurring maintenance and repair costs, utilities, cleaning 
     and janitorial costs, and roads and grounds expenses.
       ``(III) For purposes of subclause (I), costs for real 
     properties leased by the Federal Government shall include 
     lease costs, including base and operating rent and any other 
     relevant costs listed in subclause (II) not covered in the 
     lease contract.
       ``(iv) The aggregated estimated deferred maintenance costs 
     of all real property under the custody and control of all 
     executive agencies, set forth government-wide and by agency, 
     and for each at the constructed asset level and at the 
     facility/installation level.
       ``(v) For each surplus real property facility/installation 
     disposed of, an indication of--
       ``(I) its geographic location with address and description;
       ``(II) its size, including square footage and acreage;
       ``(III) the date and method of disposal; and
       ``(IV) its estimated market value.
       ``(vi) Such other information as the Administrator 
     considers appropriate.
       ``(C) The congressional committees listed in this 
     subparagraph are as follows:
       ``(i) The Committee on Oversight and Government Reform and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       ``(ii) The Committee on Homeland Security and Governmental 
     Affairs and the Committee on Environment and Public Works of 
     the Senate.
       ``(3) Assistance.--The Administrator shall assist executive 
     agencies in the identification and disposal of excess real 
     property.
       ``(b) Duties of Executive Agencies.--
       ``(1) In general.--Each executive agency shall--
       ``(A) maintain adequate inventory controls and 
     accountability systems for property under its control;
       ``(B) continuously survey property under its control to 
     identify excess property;
       ``(C) promptly report excess property to the Administrator;
       ``(D) perform the care and handling of excess property; and
       ``(E) transfer or dispose of excess property as promptly as 
     possible in accordance with authority delegated and 
     regulations prescribed by the Administrator.
       ``(2) Specific requirements with respect to real 
     property.--With respect to real property, each executive 
     agency shall--
       ``(A) develop and implement a real property plan in order 
     to identify properties to declare as excess using the 
     guidance issued under subsection (a)(1);
       ``(B) identify and categorize all real property owned, 
     leased, or otherwise managed by the agency;
       ``(C) establish adequate goals and incentives that lead the 
     agency to reduce excess real property in its inventory; and
       ``(D) when appropriate, use the authorities in section 
     572(a)(2)(B) of this title in order to identify and prepare 
     real property to be reported as excess.
       ``(3) Additional requirements.--Each executive agency, as 
     far as practicable, shall--
       ``(A) reassign property to another activity within the 
     agency when the property is no longer required for the 
     purposes of the appropriation used to make the purchase;
       ``(B) transfer excess property under its control to other 
     Federal agencies and to organizations specified in section 
     321(c)(2) of this title; and
       ``(C) obtain excess properties from other Federal agencies 
     to meet mission needs before acquiring non-Federal 
     property.''.
       (b) Clerical Amendment.--The item relating to section 524 
     in the table of sections at

[[Page 11801]]

     the beginning of chapter 5 of such title is amended to read 
     as follows:

``524. Duties of the General Services Administration and executive 
              agencies.''.

     SEC. 203. ENHANCED AUTHORITIES WITH REGARD TO PREPARING 
                   PROPERTIES TO BE REPORTED AS EXCESS.

       Section 572(a)(2) of title 40, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Additional authority.--(i) From the fund described in 
     paragraph (1), subject to clause (iv), the Administrator may 
     obligate an amount to pay the direct and indirect costs 
     related to identifying and preparing properties to be 
     reported excess by another agency.
       ``(ii) The General Services Administration shall be 
     reimbursed from the proceeds of the sale of such properties 
     for such costs.
       ``(iii) Net proceeds shall be dispersed pursuant to section 
     571 of this title.
       ``(iv) The authority under clause (i) to obligate funds to 
     prepare properties to be reported excess does not include the 
     authority to convey such properties by use, sale, lease, 
     exchange, or otherwise, including through leaseback 
     arrangements or service agreements.
       ``(v) Nothing in this subparagraph is intended to affect 
     subparagraph (D).''.

     SEC. 204. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL 
                   PROPERTY.

       (a) Authority To Pay Expenses Related to Reverted Real 
     Property.--Section 572(a)(2)(A) of title 40, United States 
     Code, is amended by adding at the end the following:
       ``(iv) The direct and indirect costs associated with the 
     reversion, custody, and disposal of reverted real 
     property.''.
       (b) Requirements Related to Sales of Reverted Property 
     Under Section 550.--Section 550(b)(1) of title 40, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(1) In general.--''; and
       (2) by adding at the end the following: ``If the official, 
     in consultation with the Administrator, recommends reversion 
     of the property, the Administrator shall take control of such 
     property, and, subject to subparagraph (B), sell it at or 
     above appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(B) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 553 and 554 of this title.''.
       (c) Requirements Related to Sales of Reverted Property 
     Under Section 553.--Section 553(e) of title 40, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``This Section.--''; and
       (2) by adding at the end the following: ``If the 
     Administrator determines that reversion of the property is 
     necessary to enforce compliance with the terms of the 
     conveyance, the Administrator shall take control of such 
     property and, subject to paragraph (2), sell it at or above 
     appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(2) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 550 and 554 of this title.''.
       (d) Requirements Related to Sales of Reverted Property 
     Under Section 554.--Section 554(f) of title 40, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``This Section.--''; and
       (2) by adding at the end the following: ``If the Secretary, 
     in consultation with the Administrator, recommends reversion 
     of the property, the Administrator shall take control of such 
     property and, subject to paragraph (2), sell it at or above 
     appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(2) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 550 and 553 of this title.''.

     SEC. 205. AGENCY RETENTION OF PROCEEDS.

       The text of section 571 of title 40, United States Code, is 
     amended to read as follows:
       ``(a) Proceeds From Transfer or Sale of Real Property.--Net 
     proceeds described in subsection (d) shall be deposited into 
     the appropriate real property account of the agency that had 
     custody and accountability for the real property at the time 
     the real property is determined to be excess. Such funds 
     shall be expended only for activities as described in section 
     524(b) of this title and disposal activities, including 
     paying costs incurred by the General Services Administration 
     for any disposal-related activity authorized by this title. 
     Such funds may also be expended by the agency for maintenance 
     and repairs of the agency's real property necessary for its 
     disposal or for the repair or alteration of the agency's 
     other real property. Such funds are available only to the 
     extent and in the amounts provided in annual appropriations 
     Acts, except that such funds shall not be authorized for 
     expenditure in an appropriations Act for any repair or 
     alteration project that is subject to the requirements of 
     section 3307 of this title without a prospectus submitted by 
     the General Services Administration and approved by the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate.
       ``(b) Effect on Other Sections.--Nothing in this section is 
     intended to affect section 572(b), 573, or 574 of this title.
       ``(c) Disposal Agency for Reverted Property.--For the 
     purposes of this section, for any real property that reverts 
     to the United States under sections 550, 553, and 554 of this 
     title, the General Services Administration, as the disposal 
     agency, shall be treated as the agency with custody and 
     accountability for the real property at the time the real 
     property is determined to be excess.
       ``(d) Net Proceeds.--The net proceeds referred to in 
     subsection (a) are proceeds under this chapter, less expenses 
     of the transfer or disposition as provided in section 572(a) 
     of this title, from a--
       ``(1) transfer of excess real property to a Federal agency 
     for agency use; or
       ``(2) sale, lease, or other disposition of surplus real 
     property.
       ``(e) Proceeds From Transfer or Sale of Personal 
     Property.--(1) Except as otherwise provided in this 
     subchapter, proceeds described in paragraph (2) shall be 
     deposited in the Treasury as miscellaneous receipts.
       ``(2) The proceeds described in this paragraph are proceeds 
     under this chapter from--
       ``(A) a transfer of excess personal property to a Federal 
     agency for agency use; or
       ``(B) a sale, lease, or other disposition of surplus 
     personal property.
       ``(3) Subject to regulations under this subtitle, the 
     expenses of the sale of personal property may be paid from 
     the proceeds of sale so that only the net proceeds are 
     deposited in the Treasury. This paragraph applies whether 
     proceeds are deposited as miscellaneous receipts or to the 
     credit of an appropriation as authorized by law.''.

     SEC. 206. DEMONSTRATION AUTHORITY.

       (a) In General.--Subchapter II of chapter 5 of title 40, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 530. Demonstration program of inapplicability of 
       certain requirements of law

       ``(a) Authority.--Effective for fiscal years 2011 and 2012, 
     the requirements of section 501(a) of the McKinney Vento 
     Homeless Assistance Act (42 U.S.C. 11411(a)) shall not apply 
     to eligible properties.
       ``(b) Eligible Properties.--A property is eligible for 
     purposes of subsection (a) if it meets both of the following 
     requirements:
       ``(1) The property is selected for demolition by an agency 
     and is a Federal building or other Federal real property 
     located on land not determined to be excess, for which there 
     is an ongoing Federal need, and not to be used in any lease, 
     exchange, leaseback arrangement, or service agreement.
       ``(2) The property is--
       ``(A) located in an area to which the general public is 
     denied access in the interest of national security and where 
     alternative access cannot be provided for the public without 
     compromising national security; or
       ``(B) the property is--
       ``(i) uninhabitable;
       ``(ii) not a housing unit; and
       ``(iii) selected for demolition by an agency because 
     either--

       ``(I) the demolition is necessary to further an identified 
     Federal need for which funds have been authorized and 
     appropriated; or
       ``(II) the property poses risk to human health and safety 
     or has become an attractive nuisance.

       ``(c) Limitations.--
       ``(1) No property of the Department of Veterans Affairs may 
     be considered an eligible property for purposes of subsection 
     (a).
       ``(2) With respect to an eligible property described in 
     subsection (b), the land underlying the property remains 
     subject to all public benefit requirements and notifications 
     for disposal.
       ``(d) Notification to Congress.--(1) A list of each 
     eligible property described in subsection (b) that is 
     demolished or scheduled for demolition, by date of demolition 
     or projected demolition date, shall be sent to the 
     congressional committees listed in paragraph (2) and 
     published on the Web site of the General Services 
     Administration biannually beginning 6 months after the date 
     of the enactment of this section.
       ``(2) The congressional committees listed in this paragraph 
     are as follows:
       ``(A) The Committee on Oversight and Government Reform and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       ``(B) The Committee on Homeland Security and Governmental 
     Affairs and the Committee on Environment and Public Works of 
     the Senate.
       ``(e) Relationship to Other Provisions of Law.--Nothing in 
     this section may be construed as interfering with the 
     requirement

[[Page 11802]]

     for the submission of a prospectus to Congress as established 
     by section 3307 of this title or for all demolitions to be 
     carried out pursuant to section 527 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of title 40, United States Code, is 
     amended by inserting after the item relating to section 529 
     the following new item:

``530. Demonstration program of inapplicability of certain requirements 
              of law.''.

     SEC. 207. PUBLIC BENEFIT CONVEYANCES.

       Nothing in this title or the amendments made by this title 
     shall be construed to modify preferences and priorities for 
     public benefit conveyances to State or local governments or 
     other eligible recipients as authorized under section 550 of 
     title 40, United States Code, or other relevant law.

 TITLE III--WAIVER OF RECOVERY OF CERTAIN PAYMENTS UNDER DOD CIVILIAN 
            EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM

     SEC. 301. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN 
                   PAYMENTS PREVIOUSLY MADE UNDER DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES VOLUNTARY SEPARATION 
                   INCENTIVE PROGRAM.

       (a) Authority for Waiver.--Subject to subsection (c), the 
     Secretary of Defense may waive the requirement under 
     subsection (f)(6)(B) of section 9902 of title 5, United 
     States Code, for repayment to the Department of Defense of a 
     voluntary separation incentive payment made under subsection 
     (f)(1) of such section 9902 in the case of an employee or 
     former employee of the Department of Defense described in 
     subsection (b).
       (b) Persons Covered.--Subsection (a) applies to any 
     employee or former employee of the Department of Defense--
       (1) who during the period beginning on April 1, 2004, and 
     ending on March 1, 2008, received a voluntary separation 
     incentive payment under subsection (f)(1) of section 9902 of 
     title 5, United States Code;
       (2) who was reappointed to a position in the Department of 
     Defense during the period beginning on June 1, 2004, and 
     ending on May 1, 2008; and
       (3) who, as determined by the Secretary of Defense--
       (A) before accepting the reappointment referred to in 
     paragraph (2), received a written representation from an 
     officer or employee of the Department of Defense that 
     recovery of the amount of the payment referred to in 
     paragraph (1) would not be required or would be waived, and
       (B) reasonably relied on that representation in accepting 
     reappointment.
       (c) Required Determination.--The Secretary of Defense may 
     grant a waiver under subsection (a) in the case of any 
     individual only if the Secretary determines that recovery of 
     the amount of the payment referred to in that subsection 
     would be against equity and good conscience or would be 
     contrary to the best interests of the United States.
       (d) Refund.--At the discretion of the Secretary of Defense, 
     a person who has repaid to the United States all or part of 
     the voluntary separation incentive payment for which 
     repayment is waived under this section may receive a refund 
     of the amount previously repaid to the United States. The 
     Secretary may use funds authorized to be appropriated for 
     civilian personnel for fiscal year 2011 or any year 
     thereafter.

                       TITLE IV--PAYGO COMPLIANCE

     SEC. 401. PAYGO COMPLIANCE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
       Amend the title so as to read: ``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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from California 
(Mr. Bilbray) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 1510, the United States Secret 
Service Uniformed Division Modernization Act of 2010. The bill was 
introduced by Senator Joseph Lieberman. It passed the Senate by 
unanimous consent on October 13, 2009. S. 1510 makes a long overdue 
change by transferring the personnel and pay authorities for the Secret 
Service's Uniformed Division from the District of Columbia Code to the 
United States Code. The bill creates a new salary table for the 
Uniformed Division and also provides the Secret Service with enhanced 
hiring flexibilities.
  S. 1510 deals specifically with the Secret Service's Uniformed 
Division. There are approximately 1,300 Uniformed Division law 
enforcement officers who help protect the President, the White House, 
foreign dignitaries, and mission offices. The Uniformed Division helps 
provide protective arrangements for the President and other foreign 
dignitaries at venues around the world. The measure in S. 1510 was 
endorsed by the Bush and Obama administrations to respond to ongoing 
concerns about recruitment and retention within the UD.
  According to the Secret Service, the Uniformed Division is currently 
operating under a salary schedule that is out of parity with other 
Federal police forces. It performs similar protective tasks as Federal 
police forces but has the additional duties and responsibility of 
frequent travel in support of the Service's protective mission. In 
addition, the Uniformed Division has stricter suitability requirements. 
Every officer must hold a top secret clearance and undergo a polygraph 
exam. The Secret Service tells us that staffing shortfalls have 
continued to increase, despite new recruitment initiatives, and these 
shortfalls result in the Division incurring overtime costs that would 
not be required if it were at full staffing.
  This is an important bill that ultimately will build a better, more 
effective Uniformed Division. However, there are costs associated with 
these improvements. CBO estimates that this legislation would increase 
direct spending by $14 million over 10 years. Under House and statutory 
PAYGO rules, this direct spending must be offset--and this bill is 
offset. The Oversight Committee has identified an appropriate set of 
costs associated with the Secret Service bill. The bill we are 
considering today will actually result in a small amount of net savings 
for the government. The savings are captured in title II of the 
suspension amendment, which would add the text of H.R. 2495 to the 
Secret Service legislation.
  H.R. 2495, or the Federal Real Property Disposal Enhancement Act, 
which is now title II of S. 1510, will make it easier for Federal 
agencies to sell property that they no longer need. This addresses a 
longstanding concern of the Government Accountability Office, the 
Oversight Committee, as well as both the Bush and Obama 
administrations.
  H.R. 2495 was introduced by Representative Dennis Moore of Kansas on 
May 19, 2009. It enjoys bipartisan support, as similar legislation did 
in the last Congress. The Oversight Committee approved a similar bill 
in the 110th Congress, and it also passed by voice vote when it reached 
the House floor.
  Lastly, in addition to strengthening the Secret Service and enhancing 
government efficiency, this legislation would correct an injustice for 
approximately 40 individuals who returned to government service after 
September 11. The provisions in title III authorize the Secretary of 
Defense to retroactively waive repayment of voluntary separation pay 
for certain individuals who were reemployed in temporary positions by 
DOD to help respond to terrorist attacks. Before accepting 
reemployment, these individuals were assured in writing that they would 
not be required to repay their separation pay. In making these 
assurances, the DOD components were apparently following guidance from 
the Office of Personnel Management on filling emergency positions. 
Unfortunately, this guidance was not applicable to DOD at that time, 
and DOD lawyers have determined they do not currently have the 
authority to retroactively waive the repayment requirement. As a 
result, even though these individuals received written assurances that 
they would not be required to repay, the Department has

[[Page 11803]]

since taken steps to collect the payments for these individuals. This 
is an injustice created by bureaucratic error and needs to be 
corrected. This bill provides the Secretary of Defense with the 
discretionary authority he needs to waive the repayment requirement for 
these individuals.
  I want to thank Representative Hank Johnson and the Armed Services 
Committee for their work and support on title III of this legislation.
  I encourage all Members to support the good government efforts in 
this legislation. These efforts will strengthen the Secret Service, 
enhance government efficiency, and correct an injustice for civilian 
DOD employees.

                                         House of Representatives,


                            House Committee on Armed Services,

                                    Washington, DC, June 28, 2010.
     Hon. Edolphus Towns,
     Chairman, Committee on Oversight and Government, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Towns: I am writing to you concerning S. 
     1510, the United States Secret Service Uniformed Division 
     Modernization Act. There are certain provisions in the 
     legislation which fall within the Rule X jurisdiction of the 
     Committee on Armed Services.
       In the interest of permitting your committee to proceed 
     expeditiously to floor consideration of this important 
     resolution, I am willing to waive this committee's right to 
     jurisdiction. I do so with the understanding that by waiving 
     consideration of the resolution, the Committee on Armed 
     Services does not waive any future jurisdictional claim over 
     the subject matters contained in the bill which fall within 
     its Rule X jurisdiction.
       Please place this letter into the committee report on S. 
     1510 and into the Congressional Record during consideration 
     of the measure on the House floor. Thank you for the 
     cooperative spirit in which you have worked regarding this 
     matter and others between our respective committees.
           Very truly yours,
                                                      Ike Skelton,
     Chairman.
                                  ____

         House of Representatives, Committee on Oversight and 
           Government Reform,
                                    Washington, DC, June 28, 2010.
     Hon. Ike Skelton,
     Chairman, Committee on Armed Services, Rayburn House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding S. 
     1510, the United States Secret Service Uniformed Division 
     Modernization Act.
       I appreciate your willingness to work cooperatively on this 
     legislation and I recognize that the Oversight Committee's 
     floor amendment to this bill contains provisions that fall 
     within the jurisdiction of the Committee on Armed Services. I 
     agree that your inaction with respect to this bill does not 
     prejudice the House Armed Services Committee's interests and 
     prerogatives regarding this bill or similar legislation.
       I will ensure that our exchange of letters is included in 
     the Congressional Record during consideration on the House 
     Floor of S. 1510.
           Sincerely,
                                                   Edolphus Towns,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. BILBRAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I compliment the author of this bill. It is one where 
priorities are being made. It may be small in the bigger picture, but 
at least the priority is being made. Right now, we're talking about 
that we have a need in this country to help enhance the compensation 
for some very critical public servants--not just us personally, but for 
the country at large.
  The fact is, this bill will create a $15 million savings by looking 
at surplus property that the taxpayers not only own but have to 
maintain at this time. Sadly, Mr. Speaker, that $15 million is a drop 
in the bucket of what we could be doing. As the Office of Management 
and Budget estimated, the Federal Government has $18 billion worth of 
real property it does not need, and rather than selling this property 
or marketing it, we usually give it away one way or the other to local 
governments, States, or nonprofits, rather than getting the fair market 
value.
  I know historically we have always taken this attitude of, if the 
Federal Government can't use it, let's give it to somebody else. But I 
think we all agree with the budget crisis the way it is, we need to 
rethink those priorities and make sure that we recognize that the 
Federal Government is not in the position of giving their largesse out 
to other governments or nonprofits.
  I have to remind all of us that this bill does make that priority 
decision. Instead of issuing it to other governments or to nonprofits, 
it says we need the money within the Federal family, and thus we will 
liquidate this asset and create the revenue so we can spend it at 
another location which is a higher priority.
  I join in supporting this bill. I think that it sets an example that 
we should all be looking at, and that is: As we take this step, the 
question will be, If $15 million is a good idea, where do we go when 
we're looking at the $18 billion that is out there? I think most of us 
on Government Oversight, especially on the subcommittee that I have the 
privilege of being the ranking member on, Organization and Procurement, 
not only have a right, but a responsibility, to take a look at where 
else do we have resources that are not being tapped for the American 
people. Where else should we be liquidating our real estate and putting 
it back into the private market and allowing it to do the magic that 
the private sector has done for this country for so long? And how much 
longer will we horde this real estate when we do not have a foreseen or 
foreseeable use for it?
  Mr. Speaker, I join in not only providing the resources to be able to 
pay our men and women who protect us every day, but I also join in a 
policy that says we will now look at the resources of the American 
people as being that of the American people as a general welfare issue 
and that we will look at how best to be able to pay our bills with the 
resources we can generate by liquidating unneeded assets.
  Mr. Speaker, I think that Mr. Chaffetz of Utah just 2 weeks ago 
brought up a bill that looked a lot like this. I know this body did not 
support his bill to go after and try to create that $18 billion fund 
for the American people, but I think this bill gives us something we 
can work with, following the leadership of the gentleman from Utah, and 
that is, Let's take a look like any family is doing today--what do we 
own that we do not think we can use, and how do we liquidate that so we 
can get the resources and the funds that we desperately need to pay our 
bills?
  So at this time I would again encourage my colleagues to join with us 
in passing this bill.
  I yield back the balance of my time.

                              {time}  1500

  Ms. NORTON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. I, first of all, want to thank the gentlewoman 
from the District of Columbia for yielding.
  Mr. Speaker, I rise to support the United States Secret Service 
Uniform Division Modernization Act, but I also rise today to 
congratulate the Chicago Blackhawks on their Stanley Cup win over the 
Philadelphia Flyers. As every sports fan in Chicago knows, the Hawks 
are proud to share the United Center which is in the heart of my 
district with that other historic team known as the Bulls. Mr. Speaker, 
as my daddy used to say: ``Life is 95 percent anticipation.'' Or to use 
the words of the great American balladeer Bruce Springsteen: ``It's 
been a long time comin', my dear. It's been a long time comin', but now 
it's here.''
  Hockey doesn't always get its due share of attention in many parts of 
America, but some of the most memorable moments in sports are found in 
hockey. Mr. Speaker, who doesn't know of the ``Miracle on Ice'' during 
the 1980 Winter Olympics at Lake Placid, New York, where Team USA 
defeated the Soviet team which was considered the best in the world. 
Well, Mr. Speaker, this year's Stanley Cup winner, the Chicago 
Blackhawks, were like Team USA, the underdogs, the David to the 
Goliaths of Philadelphia. We weren't the fastest or the highest-scoring 
team. But what we had was grit, drive, courage, determination, and 
vision to go with the fired-up fan base.
  This is the first Stanley Cup win for the Blackhawks since 1961. The 
Blackhawks' recent victory has inspired all of Chicago and aroused fans 
of the team to a fever pitch. Chicago is red and black all over. The 
Hawks dominated because of their perseverance, hard work, and 
dedication to the

[[Page 11804]]

sport. Johann Gottfried Herder once said, ``What destiny sends, bear. 
Whatever perseveres will be crowned.'' The Blackhawks have persevered 
and have been rightly crowned.
  I congratulate the Blackhawks' head coach Joel Quenneville for giving 
his team direction and instilling the determination necessary to 
achieve this well-deserved victory. And while handing out 
congratulations, let us not forget the Blackhawks' team captain 
Jonathan Toews. The youngest Mr. Toews possesses superior leadership 
skills and ability and was able to guide his team through to victory.
  So I thank, again, the gentlewoman from the District of Columbia for 
yielding. I was rushing hard to try to get here before this ended 
because I am, indeed, proud to represent the world-famous, world-known, 
world-renowned Chicago Blackhawks who make up a part of the heart and 
the spirit of the congressional district that I have the good fortune 
to represent.
  Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my 
support for S. 1510, the United States Secret Service Uniformed 
Division Modernization Act. I support the underlying bill but I want to 
highlight language that would allow the Department of Defense to waive, 
on a case by case basis, repayment of Voluntary Separation Pay for 
certain individuals. I worked on this issue during the National Defense 
Authorization Act markup and am pleased that the House will approve 
this important language within this bill.
  Many individuals, who had voluntarily retired, responded to their 
country's call and returned to service at DOD following 9/11, and 
several more returned following Hurricane Katrina. According to the 
House Armed Services Committee, an estimated 22 individuals would 
benefit from this language in my home State of Georgia, and an 
estimated 40 individuals would benefit across the nation.
  Current law allows the Department of Defense to offer voluntary 
separation incentive pay for individuals to voluntarily retire. If an 
employee receives this separation pay and returns to federal service 
within 5 years, the individual must repay the amount received--unless 
the individual is considered to be the only qualified applicant 
available for the position. Before being rehired, these individuals 
were assured that they would not have to repay the VSIP--because their 
country needed them. This language provides short-term, limited 
authority to the Secretary of Defense to waive on a case-by-case basis 
repayment of the separation pay.
  This limited, case-by-case waiver authority, meets the objectives of 
the Civilian Human Resources Strategic Plan to: ``provide effective 
policies and programs related to stability of employment that support 
management's ability to restructure organizations while retaining 
needed skills of affected employees and accommodating their needs in an 
efficient and humane manner.''
  Passage of this bill, with this language, will ensure that those 
heroic Americans, who responded to their country's call to duty, are 
not penalized. I urge my colleagues to support this bill.
  Ms. NORTON. Mr. Speaker, in closing, I would like to reiterate my 
strong support for S. 1510, as amended. The bill is PAYGO-neutral. It 
makes important improvements that will strengthen the Secret Service. 
It improves government efficiency and helps a handful of DOD civilian 
employees who have been wronged. I encourage all Members to support 
this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, S. 1510, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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