Senate Report 111-86 - UNITED STATES SECRET SERVICE UNIFORMED DIVISION MODERNIZATION ACT OF 2009

[Senate Report 111-86]
[From the U.S. Government Publishing Office]

111th Congress
1st Session SENATE Report
111-86
_______________________________________________________________________

Calendar No. 171

UNITED STATES SECRET SERVICE

UNIFORMED DIVISION MODERNIZATION

ACT OF 2009

__________

R E P O R T

of the

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

UNITED STATES SENATE

to accompany

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

October 5, 2009.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware JOHN McCAIN, Arizona
MARK L. PRYOR, Arkansas GEORGE V. VOINOVICH, Ohio
MARY L. LANDRIEU, Louisiana JOHN ENSIGN, Nevada
CLAIRE McCASKILL, Missouri LINDSEY GRAHAM, South Carolina
JON TESTER, Montana ROBERT F. BENNETT, Utah
ROLAND W. BURRIS, Illinois
PAUL G. KIRK, Jr., Massachusetts

Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Jason M. Yanussi, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Amanda Wood, Minority Director for Governmental Affairs
Trina Driessnack Tyrer, Chief Clerk
C O N T E N T S

Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................3
IV. Section by Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............7
Calendar No. 171
111th Congress
SENATE
Report
1st Session 111-86

======================================================================

UNITED STATES SECRET SERVICE UNIFORMED DIVISION MODERNIZATION ACT OF
2009

_______

October 5, 2009.--Ordered to be printed

_______

Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following

R E P O R T

[To accompany S. 1510]

The Committee on Homeland Security and Governmental
Affairs, to which was referred the 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, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.

I. Purpose and Summary

The purpose of this legislation is to transfer the
statutory entitlements for pay and hours of work for current
members of the United States Secret Service Uniformed Division
from the District of Columbia Code to the United States Code;
to create a new, stable salary table for the Uniformed
Division; to simplify the administration of pay; and to provide
the Secret Service with flexibility when it hires personnel
with previous law enforcement experience.

II. Background and Need for the Legislation

Most individuals think of the Secret Service as the Special
Agents who investigate counterfeit currency or jog alongside
the Presidential motorcade. But those agents comprise only
approximately half of the agency's 6,500 personnel. The Secret
Service also employs approximately 2,000 technical,
professional and administrative support personnel, and
approximately 1,300 Uniformed Division law enforcement officers
who help protect the President, the White House, foreign
dignitaries and mission offices. This legislation deals
specifically with the Secret Service's Uniformed Division.
Originally separate from the Secret Service, the protection
force began in 1860 with some members from the U.S. military
and the Washington, D.C. Metropolitan Police Force. The White
House Military Aide directed the protection force until 1922,
when a White House Police Force was formally established. At
that time, the White House Police Force was a local law
enforcement agency, akin to the D.C. Metropolitan Police Force,
but with a smaller jurisdiction. Following a White House
intrusion in 1930, the White House Police Force was transferred
and placed under the supervision of the Chief of the Secret
Service to ensure the agency had exclusive control over every
facet of Presidential protection. The force was renamed the
Executive Protection Service in 1970 when its mission was
expanded to include diplomatic missions, and then again renamed
in 1977--this time the United States Secret Service Uniformed
Division--as its protection mission continued to gradually
expand.
This legislation has multiple purposes. First, it effects a
long overdue migration of the Uniformed Division's statutory
authorities, from the District of Columbia Code to the U.S.
Code, to reflect the change of responsibility for protecting
the White House from a local responsibility to a federal one.
Second, the legislation gives the Uniformed Division the
ability to compete better in recruiting and retaining officers
with other federal, state and local law enforcement
organizations operating in the area, including the Capitol
Police, the Pentagon Force Protection Agency, and FBI Police
Officers, among others. According to statistics provided to the
Committee by the Secret Service, the agency has been
experiencing significant resignations (frequently referred to
as non-retirement separations) from Uniformed Division
Officers, particularly those with fewer than ten years of
service. It believes that junior officers are resigning to join
other forces with better pay and benefits than the Uniformed
Division can currently offer.
The following chart illustrates the retention problems
facing the Uniform Division:

PERCENTAGE OF UNIFORMED DIVISION OFFICERS WITH THE SPECIFIED LENGTH OF SERVICE WHO ARE SEPARATING FROM THE
DIVISION EACH YEAR
[FY 2005--FY 2009*]
----------------------------------------------------------------------------------------------------------------
Length of service FY 2006 FY 2007 FY 2008 FY 2009*
----------------------------------------------------------------------------------------------------------------
Less than a year................................................ 7.6% 6.6% 18.7% 23.7%
1-3 years....................................................... 58.0% 53.8% 39.6% 33.9%
4-5 years....................................................... 10.9% 14.2% 15.6% 29.4%
6-10 years...................................................... 3.4% 7.5% 14.8% 8.8%
11-15 years..................................................... 3.4% 3.8% 3.0% 2.9%
16-20 years..................................................... 1.7% .......... 1.5% 2.9%
21-25 years..................................................... 3.4% 6.6% 3.7%
26-30 years..................................................... 5.0% 4.7% 1.5%
More than 30 years.............................................. 6.7% 2.8% 1.5%
----------------------------------------------------------------------------------------------------------------
*FY 2009 to date (October 1, 2008--May 31, 2009).

The legislation is intended to provide sufficient
incentives to more junior officers to stay with the Secret
Service. It would do so by creating a new, stable salary table,
which establishes specific rates of pay for each officer rank
and step (a level of pay within a rank based on several
factors, such as years of service and quality of work), for the
Uniformed Division. It rectifies anomalies, like varying pay
increases between steps in the salary table, and would also
simplify the administration of pay by ensuring that all
personnel are compensated for all time worked, consistent with
other federal employees. It also provides the Secret Service
with some additional flexibility to hire personnel with
previous relevant experience or superior qualifications at a
higher rank or step. No current employees pay or benefits will
be reduced as a result of the legislation.

III. Legislative History

S. 1510 was introduced by Chairman Joseph I. Lieberman on
July 23, 2009 and was referred to the Senate Committee on
Homeland Security and Governmental Affairs. On July 29, 2009,
the Committee considered S. 1510. The bill was adopted by the
Committee by voice vote, and favorably reported to the Senate.
Members present for the vote on the bill were Chairman
Lieberman; Senators Akaka, Carper, Pryor, Landrieu, McCaskill
and Burris; Ranking Minority Member Collins; and Senators
Coburn and Voinovich.

IV. Section-by-Section Analysis

Section 1. Short title

The short title of the bill is the United States Secret
Service Uniformed Division Modernization Act of 2009.

Section 2. Purpose

This section states the purpose of the legislation, to
transfer the statutory entitlements for pay and benefits for
current officers in the Uniformed Division from the District of
Columbia Code to the United States Code.

Section 3. Human Resources for United States Secret Service Uniformed
Division

Subsection (a) amends subpart I of part III of title 5,
U.S. Code to give the Secretary of Homeland Security the
authority to fix and adjust pay and benefits for employees of
the Uniformed Division. The subsection establishes a new
schedule of rates for Uniformed Division personnel; gives the
Director of the Secret Service authority to hire an officer at
a rate above the minimum rate for individuals with superior
qualifications; changes the number of steps per rank, to
thirteen; sets compensation levels for individuals holding a
technical position; establishes processes for determining pay
rates following a promotion or demotion; and increases the
clothing allowance benefit, from $300 annually to $500
annually.
Subsection (b) sets an annual leave limitation for the
three most senior officials in the Uniformed Division,
consistent with the ceiling for members of the Senior Executive
Service and other similar categories of Federal employees.
Subsection (c) makes a technical fix to title 5 of the U.S.
Code to allow members of the Uniformed Division covered under
the Federal Employees' Compensation Act (FECA), upon their
request, to use sick leave in connection with a work-related
injury or illness, as other FECA-covered employees may do.

Section 4. Miscellaneous provisions

Subsection (a) requires the new salary schedule be
implemented on or after May 1, 2010, and clarifies which step
officers will begin at within a specific rank, based on full
years of creditable service.
Subsection (b) provides a 2.92 percent increase in the
annuity paid to retired members of the Uniformed Division.

Section 5. Technical and conforming amendments

This section makes several conforming amendments to the
U.S. Code and the District of Columbia Code, to reflect the
transfer of governing authorities for Uniformed Division pay
out of the District of Columbia Code and into title 5 of the
United States Code.

Section 6. Effective date

This section requires this legislation take effect on the
first day of the first pay period on or after May 1, 2010.

V. Evaluation of Regulatory Impact

Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate the Committee has
considered the regulatory impact of this bill. CBO states that
the bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.

VI. Estimated Cost of Legislation

U.S. Congress,
Congressional Budget Office,
Washington, DC, September 8, 2009.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1510, the U.S.
Secret Service Uniformed Division Modernization Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Barry Blom.
Sincerely,
Douglas W. Elmendorf, Director.
Enclosure.

S. 1510--United States Secret Service Uniformed Division Modernization
Act of 2009

Summary: S. 1510 would transfer the authority that governs
pay and hours of work for current members of the U.S. Secret
Service Uniformed Division from the District of Columbia Code
to the U.S. Code. That transfer would result in several changes
to the pay and benefits of Uniformed Division members,
including a revised salary schedule. In addition, retired
members of the Uniformed Division who also are members of the
District of Columbia Police and Firefighters Retirement and
Disability System would receive an increase of nearly 3 percent
in their retirement compensation.
CBO estimates that implementing this legislation would cost
$39 million between 2010 and 2014, assuming appropriation of
the necessary amounts. The bill also contains provisions that
increase direct spending for retirement benefits of the
Uniformed Division. CBO estimates that, if enacted, S. 1510
would increase direct spending by $14 million over the 2010-
2019 period. Enacting the bill would have no effect on
revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the federal government: The costs of this
legislation fall within budget functions 600 (income security)
and 750 (administration of justice).

Estimated Authorization Level........... 3 9 9 9 9 10 10 10 10 11 40 90
Estimated Outlays....................... 3 9 9 9 9 10 10 10 10 11 39 90

CHANGES IN DIRECT SPENDING

Estimated Budget Authority.............. * 1 1 1 1 1 1 2 2 2 6 14
Estimated Outlays....................... * 1 1 1 1 1 1 2 2 2 6 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

Basis of estimate: For this estimate, CBO assumes that S.
1510 would be enacted near the beginning of fiscal year 2010.

Spending subject to appropriation

S. 1510 would increase discretionary spending for pay and
benefits for members of the U.S. Secret Service Uniformed
Division. CBO estimates that implementing those changes would
cost $39 million over the 2010-2014 period, assuming
appropriation of the necessary amounts. In addition, CBO
assumes that the conversion to the new salary schedule will
occur in May 2010, as required under the legislation.
S. 1510 would set forth a schedule of pay rates for members
of the U.S. Secret Service Uniformed Division to be paid under
the U.S. Code. That schedule is composed of 13 steps (one fewer
than under the current schedule) for each of the different
ranks that comprise the Uniformed Division. Under the
legislation, the increments between steps of a given rank would
be adjusted so that the dollar increase between each step is
the same. S. 1510 also would reduce the amount of service time
required to advance to the highest step from 30 years to 22
years. As a result of those changes, most members would receive
a small salary increase upon conversion to the new pay scale.
Several other changes in pay or benefits would occur as a
result of the legislation. Those changes include moving the
provisions governing premium pay (such as overtime) from the
District of Columbia Code to the U.S. Code, granting an
additional 6 percent salary increase to members deemed to hold
technician positions, and increasing the maximum annual
clothing allowance to plainclothes members from $300 to $500.
No current employee's pay or benefits would be reduced as a
result of the legislation.

Direct spending

In addition, S. 1510 would increase by nearly 3 percent the
annuity paid to retired members of the Secret Service Uniformed
Division who currently participate in the District of Columbia
Police and Firefighters Retirement and Disability System. CBO
estimates that this change would increase payments to retired
Secret Service employees by about $14 million over the 2010-
2019 period.
Intergovernmental and private-sector impact: S. 1510
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Pay--Barry Blom,
Retirement--Santiago Vallinas; Impact on State, Local, and
Tribal Governments: Elizabeth Cove Delisle; Impact on the
Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.

VII. Changes in Existing Law Made by the Bill, As Reported

In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):

UNITED STATES CODE

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

* * * * * * *

SUBPART I--MISCELLANEOUS

95. Personnel Flexibilities Relating to the Internal
Revenue Service......................................... 9501
97. Department of Homeland Security....................... 9701
98. National Aeronautics and Space Administration......... 9801
99. Department of Defense National Security Personnel
System.................................................. 9901
101. Federal Emergency Management Agency Personnel........ 10101
102. United States Secret Service Uniformed Division
10201ersonnel...............................................

* * * * * * *

PART III--EMPLOYEES

* * * * * * *

SUBPART D--PAY AND ALLOWANCES

* * * * * * *

CHAPTER 51--CLASSIFICATION

* * * * * * *

Sec. 5102. Definitions; application

* * * * * * *

(c) * * *
(5) members of the Metropolitan Police, the Fire
Department of the District of Columbia, the United
States Park Police, and [the Executive Protective
Service] the United States Secret Service Uniformed
Division; members of the police force of the National
Zoological Park whose pay is fixed under section 5375
of this title; and members of the police forces of the
Bureau of Engraving and Printing and the United States
Mint whose pay is fixed under section 5378 of this
title;

* * * * * * *

CHAPTER 55--PAY ADMINISTRATION

* * * * * * *

Sec. 5541. Definitions

* * * * * * *

(2) * * *
(iv) * * *
(II) [a member of the United States
Secret Service Uniformed Division,] a
member of the United States Park
Police, other than for purposes of
section 5545(a) and 5546;

* * * * * * *

SUBPART E--ATTENDANCE AND LEAVE

* * * * * * *

CHAPTER 63--LEAVE

* * * * * * *

Sec. 6304. Annual leave; accumulation

* * * * * * *

(f)(1) * * *
(F) a position to which section 5376 applies; [or]
(G) a position designated under section 1607(a) of
title 10 as an Intelligence Senior Level position[.];
or
(H) a position in the United States Secret Service
Uniformed Division at the rank of Deputy Chief,
Assistant Chief, or Chief.

* * * * * * *

Sec. 6324. Absence of certain police and firemen

(a) Sick leave may not be charged to the account of a
member of the Metropolitan Police force or the Fire Department
of the District of Columbia, the United States Park Police
force, or the [Executive Protective Service force] United
States Secret Service Uniformed Division for an absence due to
injury or illness resulting from the performance of duty.
(b) * * *
(3) the Secretary of [the Treasury for the Executive
Protective Service force] Homeland Security for the
United States Secret Service Uniformed Division.
(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.

* * * * * * *

Subpart I--Miscellaneous

* * * * * * *

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% of the rate of pay for level V of the Executive
Schedule.
Assistant Chief............... The rate of basic pay for Assistant Chief position will be equal to 95% of the rate of pay for level V of the Executive
Schedule.
Chief......................... The rate of basic pay for 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 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.

DISTRICT OF COLUMBIA CODE

TITLE 5--POLICE, FIREFIGHTERS, AND CHIEF MEDICAL EXAMINER

* * * * * * *

CHAPTER 5--SALARIES

* * * * * * *

SUBCHAPTER II--HOLIDAY COMPENSATION

* * * * * * *

Sec. 5-521.01. Compensation for working on holidays

Under regulations promulgated by the Council of the
District of Columbia, each officer and member of the
Metropolitan Police force and of the Fire Department of the
District of Columbia, when he may be required to work on any
holiday, shall be compensated for such duty, excluding periods
when he is in a leave status, in lieu of his regular rate of
basic compensation for such work, at the rate of twice such
regular rate of basic compensation; provided, that for the
purpose of this subchapter, each such officer or member who
works 8 hours or less on any holiday shall be compensated for
such duty in addition to his regular rate of basic compensation
for such work, at the rate of one eighth of his daily rate of
basic compensation for each hour so worked, computed to the
nearest hour, counting 30 minutes or more as a full hour;
provided further, that, when an officer or member is authorized
or directed to work on a holiday and such officer or member is
required to work longer than his regular tour of duty, he shall
be compensated for such overtime in accordance with the
provisions of subsection (e) of Sec. 5-1304. Appropriations for
personal services for the Metropolitan Police force, the Fire
Department of the District of Columbia, [the United States
Secret Service Uniformed Division,] and the United States Park
Police force shall be available for payment of the additional
compensation authorized by this subchapter.

Sec. 5-521.02. ``Holiday'' defined

As used in Sec. 5-521.01, the word ``holiday'' means the
following: The 1st day of January, the 3rd Monday in February,
the 4th day of July, the last Monday in May, the 1st Monday in
September, the 2nd Monday in October, the 4th Monday in
October, Thanksgiving Day, the 25th day of December, and, with
respect to officers and members of the Metropolitan Police
force and the Fire Department of the District of Columbia, such
other holidays as may be designated by the Council of the
District of Columbia, and with respect to officers and members
of [the United States Secret Service Uniformed Division and]
the United States Park Police force, such other holidays as may
be designated by executive order.

Sec. 5-521.03. Applicability of subchapter to [the United States Secret
Service Uniformed Division and] the United States
Park Police force

The provisions of this subchapter shall be applicable to
[the United States Secret Service Uniformed Division and] the
United States Park Police force, under regulations promulgated
by [the Secretary of the Treasury and] the Secretary of the
Interior[, respectively].

* * * * * * *

SUBCHAPTER III--SALARY CLASSIFICATIONS

* * * * * * *

PART B--METHOD OF ASSIGNMENT OF EMPLOYEES TO SALARY SCHEDULES

* * * * * * *

Sec. 5-542.02. Additional compensation for helicopter pilot, bomb
disposal, or scuba diving duty

Each officer or member of the Metropolitan Police Force,
including, notwithstanding any other law or regulation, each
officer or member appointed pursuant to Sec. 1-610.72, [United
States Secret Service Uniformed Division,] and United States
Park Police force assigned on or after the effective date of
the District of Columbia Police and Firemen's Salary Act
Amendments of 1972: (1) to perform the duty of a helicopter
pilot; or (2) to render explosive devices ineffective or to
otherwise dispose of such devices shall receive, in addition to
his scheduled rate of basic compensation, $ 2,270 per annum,
except in the case of an officer or member of the United States
Park Police, who shall receive a per annum amount equal to 7
percent of the sum of such officer's or member's rate of basic
compensation plus locality pay adjustments, so long as he
remains in such assignment. Further, each officer or member of
the metropolitan police force assigned on or after August 29,
1972, to the Harbor Patrol division within the Metropolitan
Police Department as scuba divers shall receive in addition to
his or her scheduled rate of basic compensation, $2,710 per
annum so long as he or she remains in such assignment. The
additional compensation authorized by this section shall be
paid to an officer or member in the same manner as he is paid
basic compensation to which he is entitled, except that when
such an officer or member ceases to be in such an assignment,
the loss of such additional compensation shall not constitute
an adverse action for the purposes of Sec. 7511 et seq. of
Title 5 of the United States Code. No officer or member who
receives the additional compensation authorized by this section
may receive additional compensation under Sec. 5-543.02.

* * * * * * *

PART C--METHOD OF APPOINTMENT, ADVANCEMENT, PROMOTION, AND DEMOTION

* * * * * * *

Sec. 5-543.01. Minimum rate for appointments; rates for reappointments

* * * * * * *

(b) Any officer or member of the Metropolitan Police force,
the Fire Department of the District of Columbia, [the United
States Secret Service Uniformed Division,] or the United States
Park Police force who separates from that force, Department, or
Division, and who is subsequently reappointed to such force,
Department, or Division within 3 years after the date of such
separation shall receive any scheduled rate of basic
compensation provided in salary class 1 of the salary schedule
in Sec. 5-541.01(a) which does not exceed the scheduled rate of
basic compensation being paid at the time of such reappointment
for the class and service step he had attained at the time of
his separation. For purposes of this subsection, no additional
compensation authorized by this subchapter shall be used in
determining service step placement.

* * * * * * *

Sec. 5-543.02. Technicians' positions

(a) The Mayor of the District of Columbia, in the case of
the Metropolitan Police force and the Fire Department of the
District of Columbia, [the Secretary of the Treasury, in the
case of the United States Secret Service Uniformed Division,]
and the Secretary of the Interior, in the case of the United
States Park Police force, are authorized to establish and
determine, from time to time, the positions in salary classes
1, 2, and 4 to be included as technicians' positions.
(b) Each officer or member: (1) Who immediately prior to
the effective date of the District of Columbia Police and
Firemen's Salary Act Amendments of 1972: (A) Was in a position
assigned to subclass (b) of salary class 1 or 2 or subclass (c)
of salary class 4; or (B) was in salary class 4 and was
performing the duty of a dog handler; or (2) whose position is
determined under subsection (a) of this section to be included
in salary class 1, 2, or 4 on or after such date as a
technician's position shall on or after such date receive, in
addition to his scheduled rate of basic compensation, $ 810 per
annum, except in the case of an officer or member of [the
United States Secret Service Uniformed Division or] the United
States Park Police, who shall receive a per annum amount equal
to 6 percent of the sum of such officer's or member's rate of
basic compensation plus locality pay adjustments. An officer or
member described in clause (1)(A) or (2) of this subsection
shall receive the additional compensation authorized by this
subsection until his position is determined under subsection
(a) of this section not to be included in salary class 1, 2, or
4, as a technician's position or until he no longer occupies
such position, whichever occurs first. An officer or member
described in clause (1)(B) of this subsection shall receive
such compensation until the position of dog handler is
determined under subsection (a) of this section not to be
included in salary class 4 as a technician's position or until
he no longer performs the duty of dog handler, whichever first
occurs. If the position of dog handler is included under
subsection (a) of this section as a technician's position, an
officer or member performing the duty of a dog handler may not
receive both the additional compensation authorized for an
officer or member occupying a technician's position and the
additional compensation authorized for officers and members
performing the duty of a dog handler.

* * * * * * *

(e) Whenever any officer or member (other than an officer
or member of [the United States Secret Service Uniformed
Division or] the United States Park Police) receiving
additional compensation authorized by subsection (b) or (c) of
this section is no longer entitled to receive such additional
compensation, without a change in salary class, he shall
receive, irrespective of any subsequent salary schedule or
service step adjustment authorized by this subchapter, basic
compensation equal to the sum of his existing scheduled rate of
basic compensation and the amount of such additional
compensation until his scheduled rate of basic compensation
equals or exceeds such sum.

* * * * * * *

Sec. 5-543.03. Service step adjustments

(a) * * *
(5) Each officer and member of [the United States
Secret Service Uniformed Division and] the United
States Park Police with a current performance rating of
``satisfactory'' or better, shall have a service step
adjustment in the following manner:

* * * * * * *

Sec. 5-543.04. Promotion or transfer

* * * * * * *

(d)(1) Each officer and member of [the United States Secret
Service Uniformed Division or] the United States Park Police
who is promoted or transferred to a higher salary shall receive
basic compensation in accordance with the officer's or member's
total creditable service.

* * * * * * *

Sec. 5-543.05. Demotion

Whenever any officer or member of the Metropolitan Police
force, including, notwithstanding any other law or regulation,
any employee appointed pursuant to Sec. 1-610.72, the Fire
Department of the District of Columbia, [the United States
Secret Service Uniformed Division,] or the United States Park
Police force is changed or demoted from any class to a lower
class, the Mayor of the District of Columbia, [or the Secretary
of the Treasury,] or the Secretary of the Interior, as the case
may be, may, in his discretion, in changing or demoting such
officer or member, fix his rate of compensation at any rate
provided for the class to which he is changed or demoted which
does not exceed his existing rate of compensation, except that
if his existing rate falls between 2 step rates provided in
such lower class, he may receive the higher of such rates.

* * * * * * *

PART E--MISCELLANEOUS PROVISIONS

* * * * * * *

Sec. 5-545.01. Basic compensation of officers and members of United
States Park Police [and United States Secret
Service Uniformed Division]

(a) Except as provided in subsections (b) and (c) of this
section, the rates of basic compensation of officers and
members of the United States Park Police [and the United States
Secret Service Uniformed Division] shall be the same as the
rates of compensation, including longevity increases, provided
in this subchapter, for officers and members of the
Metropolitan Police force in corresponding or similar classes.

* * * * * * *

(c)(1) The annual rates of basic compensation of officers
and members of [the United States Secret Service Uniformed
Division and] the United States Park Police, serving in classes
corresponding or similar to those in the salary schedule in
Sec. 5-541.01 shall be fixed in accordance with the following
schedule of rates:

SALARY SCHEDULE

* * *
11. Chief of the [United States Secret Service Uniformed
Division,] United States Park Police
* * *
(2) Effective at the beginning of the first applicable pay
period commencing on or after the first day of the month in
which an adjustment takes effect under section 5303 of title 5,
United States Code (or any subsequent similar provision of
law), in the rates of pay under the General Schedule (or any
pay system that may supersede such schedule), [the annual rates
of basic compensation of officers and members of the United
States Secret Service Uniformed Division shall be adjusted by
the Secretary of the Treasury, and] the annual rates of basic
compensation of officers and members of the United States Park
Police shall be adjusted by the Secretary of the Interior, by
an amount equal to the percentage of such annual rate of pay
which corresponds to the overall percentage of the adjustment
made in the rates of pay under the General Schedule, except
that in no case may the annual rate of basic compensation for
any such officer or member exceed the rate of basic pay payable
for level IV of the Executive Schedule contained in subchapter
II of chapter 53 of title 5, United States Code.

* * * * * * *

(5) Any reference in any law to the salary schedule in
Sec. 5-541.01 with respect to [officers and members of the
United States Secret Service Uniformed Division or] officers
and members of the United States Park Police shall be
considered to be a reference to the salary schedule in
paragraph (1) of this subsection as adjusted in accordance with
this subsection.
(6)(A) Except as otherwise permitted by or under law, no
allowance, differential, bonus, award, or other similar cash
payment under this part or under Title 5, United States Code,
may be paid to an officer or member of [the United States
Secret Service Uniformed Division or] the United States Park
Police in a calendar year if, or to the extent that, when added
to the total basic pay paid or payable to such officer or
member for service performed in such calendar year as an
officer or member, such payment would cause the total to exceed
the annual rate of basic pay payable for level I of the
Executive Schedule, as of the end of such calendar year.

* * * * * * *

(7)(A) Any amount which is not paid to an officer or member
of [the United States Secret Service Uniformed Division or] the
United States Park Police in a calendar year because of the
limitation under paragraph (6) of this section shall be paid to
such officer or member in a lump sum at the beginning of the
following year.

* * * * * * *

Sec. 5-545.06. Delegation of powers and functions

The Mayor of the District of Columbia[, the Secretary of
the Treasury,] and the Secretary of the Interior are hereby
authorized to delegate, from time to time, to their designated
agent or agents, any power or function vested in them by
Sec. Sec. 5-541.01 to 5-545.06, except those powers and
functions vested in them by Sec. Sec. 5-543.05 and 5-545.04.

* * * * * * *

SUBCHAPTER IV--CONVERSION OF A NEW SALARY SCHEDULE

[Sec. 5-561.01. Conversion to a new salary schedule, 1997

(a)(1) Effective on the first day of the first pay period
beginning after October 10, 1997, the Secretary of the Treasury
shall fix the rates of basic pay for members of the United
States Secret Service Uniformed Division in accordance with
this paragraph.
(2) Subject to paragraph (3) of this subsection, each
officer and member receiving basic compensation, immediately
prior to the effective date of this section, at one of the
scheduled rates in the salary schedule in Sec. 5-541.01, as
adjusted by law and as in effect prior to the effective date of
this section, shall be placed in and receive basic compensation
at the corresponding scheduled service step of the salary
schedule under Sec. 5-545.01(c).
(3)(A) The Assistant Chief and the Chief of the United
States Secret Service Uniformed Division shall be placed in and
receive basic compensation in salary class 10 and salary class
11, respectively, in the appropriate service step in the new
salary class in accordance with Sec. 5-543.04.
(B) Each member whose position is to be converted to the
salary schedule under Sec. 5-545.01(c) as amended by this
section, in accordance with Sec. 118(a) of Pub. L. 105-61, and
who, prior to October 10, 1997 has earned, but has not been
credited with, an increase in his or her rate of pay shall be
afforded that increase before such member is placed in the
corresponding service step in the salary schedule under Sec. 5-
545.01(c).
(b) Except in the cases of the Assistant Chief and the
Chief of the United States Secret Service Uniformed Division,
the conversion of positions and individuals to appropriate
classes of the salary schedule under Sec. 5-545.01(c), and the
initial adjustments of rates of basic pay of those positions
and individuals, in accordance with subsection (a) of this
section, shall not be considered to be transfers or promotions
within the meaning of Sec. 5-543.04.
(c) Each member whose position is converted to the salary
schedule under Sec. 5-545.01(c), in accordance with Sec. 118(a)
of Pub. L. 105-61, shall be granted credit for purposes of such
member's first service step adjustment under the salary
schedule in such Sec. 5-545.01(c) for all satisfactory service
performed by the member since the member's last increase in
basic pay prior to the adjustment under that section.]

Sec. 5-561.02. Conversion to a new salary schedule, 2000

(a)(1) Effective on the first day of the 1st pay period
beginning 6 months after December 21, 2000, [the Secretary of
the Treasury shall fix the rates of basic pay for officers and
members of the United States Secret Service Uniformed Division,
and] the Secretary of the Interior shall fix the rates of basic
pay for officers and members of the United States Park Police,
in accordance with this subsection.

* * * * * * *

CHAPTER 7--POLICE AND FIREFIGHTERS RETIREMENT AND DISABILITY

SUBCHAPTER I--RETIREMENT AND DISABILITY, 1916

* * * * * * *

Sec. 5-716. Survivor benefits and annuities

* * * * * * *

(b) * * *
(2) Forty per centum of the corresponding salary for
step 6 of salary class 1 of the District of Columbia
Police and Firemen's Salary Act salary schedule
currently in effect at the time of such member or
former member's death, 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; provided, that such annuity shall
not exceed the current rate of compensation of the
position occupied by such member at the time of death,
or by such former member immediately prior to
retirement.

* * * * * * *

CHAPTER 13--MISCELLANEOUS PROVISIONS

SUBCHAPTER I--GENERAL PROVISIONS

* * * * * * *

Sec. 5-1304. Basic worksheet established; overtime; special
assignments; court duty

(a) * * *
(1) ``Authorizing official'' means the Mayor of the
District of Columbia in the cases of the Metropolitan
Police force and the Fire Department of the District of
Columbia, and the Secretary of the Interior in the case
of the United States Park Police force[, and the
Secretary of the Treasury in the case of the United
States Secret Service Uniformed Division].

* * * * * * *

(9) ``Officer or member'' means any employee in the
Metropolitan Police force or the Fire Department of the
District of Columbia, or the United States Park Police
force,[ or the United States Secret Service Uniformed
Division] whose compensation is fixed and adjusted in
accordance with subchapter III of Chapter 5 of this
title.

* * * * * * *

(b) The Mayor of the District of Columbia, or the Secretary
of the Interior, [or the Secretary of the Treasury,] as the
case may be, is authorized and directed to establish a basic
workweek of 40 hours to be scheduled on 5 days for the
respective police forces referred to in this section; provided,
that roll-call time shall be without compensation or credit to
the time of the basic workweek.

* * * * * * *

(h) * * *
(3)(A) No premium pay provided by this section shall
be paid to, and no compensatory time is authorized for,
any officer or member [of the United States Secret
Service Uniformed Division or] of the United States
Park Police whose rate of basic pay, combined with any
applicable locality-based comparability payment, equals
or exceeds the lesser of:
(i) * * *
(B) In the case of any officer or member [of the
United States Secret Service Uniformed Division or] of
the United States Park Police whose rate of basic pay,
combined with any applicable locality-based
comparability payment, is less than the lesser of--

* * * * * * *

Sec. 5-1305. Payment of certain tuition expenses

If an officer or member of the Metropolitan Police force,
the Fire Department of the District of Columbia, [the United
States Secret Service Uniformed Division,] or the United States
Park Police force engages in educational course work in police
or fire science or administration, and, if he is eligible for
payments or reimbursements under Sec. 4109(a)(2)(C) of Title 5
of the United States Code for tuition expenses for such course
work, the Mayor of the District of Columbia, [the Secretary of
the Treasury,] and the Secretary of the Interior shall, in
accordance with such Sec. 4109(a)(2)(C), pay or reimburse each
such officer and member under their jurisdiction for all his
tuition expenses for such course work.