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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1510 Referred in House (RFH)]

111th CONGRESS
  1st Session
                                S. 1510

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 2009

      Referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 AN ACT

 
To transfer statutory entitlements to pay and hours of work authorized 
  by the District of Columbia Code for current members of the United 
States Secret Service Uniformed Division from the District of Columbia 
                    Code to the United States Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Secret Service 
Uniformed Division Modernization Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of this Act is to transfer statutory entitlements to 
pay and hours of work authorized by the District of Columbia Code for 
current members of the United States Secret Service Uniformed Division 
from the District of Columbia Code to the United States Code.

SEC. 3. HUMAN RESOURCES FOR UNITED STATES SECRET SERVICE UNIFORMED 
              DIVISION.

    (a) Pay for Members of the United States Secret Service Uniformed 
Division.--Subpart I of part III of title 5, United States Code, is 
amended by adding at the end the following:

    ``CHAPTER 102--UNITED STATES SECRET SERVICE UNIFORMED DIVISION 
                               PERSONNEL

``Sec.
``10201. Definitions.
``10202. Authorities.
``10203. Basic pay.
``10204. Rate of pay for original appointments.
``10205. Service step adjustments.
``10206. Technician positions.
``10207. Promotions.
``10208. Demotions.
``10209. Clothing allowances.
``Sec. 10201. Definitions
    ``In this chapter--
            ``(1) the term `member' means an employee of the United 
        States Secret Service Uniformed Division having the authorities 
        described under section 3056A(b) of title 18;
            ``(2) the term `Secretary' means the Secretary of the 
        Department of Homeland Security; and
            ``(3) the term `United States Secret Service Uniformed 
        Division' has the meaning given that term under section 3056A 
        of title 18.
``Sec. 10202. Authorities
    ``(a) In General.--The Secretary is authorized to--
            ``(1) fix and adjust rates of basic pay for members of the 
        United States Secret Service Uniformed Division, subject to the 
        requirements of this chapter;
            ``(2) determine what constitutes an acceptable level of 
        competence for the purposes of section 10205;
            ``(3) establish and determine the positions at the Officer 
        and Sergeant ranks to be included as technician positions; and
            ``(4) determine the rate of basic pay of a member who is 
        changed or demoted to a lower rank, in accordance with section 
        10208.
    ``(b) Delegation of Authority.--The Secretary is authorized to 
delegate to the designated agent or agents of the Secretary, any power 
or function vested in the Secretary under in this chapter.
    ``(c) Regulations.--The Secretary may prescribe such regulations as 
may be necessary to administer this chapter.
``Sec. 10203. Basic pay
    ``(a) In General.--The annual rates of basic pay of members of the 
United States Secret Service Uniformed Division shall be fixed in 
accordance with the following schedule of rates, except that the 
payable annual rate of basic pay for positions at the Lieutenant, 
Captain, and Inspector ranks is limited to 95 percent of the rate of 
pay for level V of the Executive Schedule under subchapter II of 
chapter 53.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                          ``Rank                            Step 1    Step 2    Step 3    Step 4    Step 5    Step 6    Step 7    Step 8     Step 9    Step 10    Step 11    Step 12    Step 13
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Officer..................................................   $44,000   $46,640   $49,280   $51,920   $54,560   $57,200   $59,840   $62,480    $65,120    $67,760    $70,400    $73,040    $75,680
Sergeant.................................................  ........  ........  ........    59,708    62,744    65,780    68,816    71,852     74,888     77,924     80,960     83,996     87,032
Lieutenant...............................................  ........  ........  ........  ........    69,018    72,358    75,698    79,038     82,378     85,718     89,058     92,398     95,738
Captain..................................................  ........  ........  ........  ........  ........    79,594    83,268    86,942     90,616     94,290     97,964    101,638    105,312
Inspector................................................  ........  ........  ........  ........  ........    91,533    95,758    99,983    104,208    108,433    112,658    116,883    121,108
Deputy Chief.............................................       The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive
                                                                                                                         Schedule.
Assistant Chief..........................................      The rate of basic pay the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive
                                                                                                                         Schedule.
Chief....................................................             The rate of basic pay the Chief position will be equal to the rate of pay for level V of the Executive Schedule.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    ``(b) Schedule Adjustment.--
            ``(1)(A) Effective at the beginning of the first pay period 
        commencing on or after the first day of the month in which an 
        adjustment in the rates of basic pay under the General Schedule 
        takes effect under section 5303 or other authority, the 
        schedule of annual rates of basic pay of members (except the 
        Deputy Chiefs, Assistant Chief and Chief) shall be adjusted by 
        the Secretary by a percentage amount corresponding to the 
        percentage adjustment made in the rates of pay under the 
        General Schedule.
            ``(B) The Secretary may establish a methodology of schedule 
        adjustment that--
                    ``(i) results in uniform fixed-dollar step 
                increments within any given rank; and
                    ``(ii) preserves the established percentage 
                differences among rates of different ranks at the same 
                step position.
            ``(2) Notwithstanding paragraph (1), the payable annual 
        rate of basic pay for positions at the Lieutenant, Captain, and 
        Inspector ranks after adjustment under paragraph (1) may not 
        exceed 95 percent of the rate of pay for level V of the 
        Executive Schedule under subchapter II of chapter 53.
            ``(3) Locality-based comparability payments authorized 
        under section 5304 shall be applicable to the basic pay for all 
        ranks under this section, except locality-based comparability 
        payments may not be paid at a rate which, when added to the 
        rate of basic pay otherwise payable to the member, would cause 
        the total to exceed the rate of basic pay payable for level IV 
        of the Executive Schedule.
``Sec. 10204. Rate of pay for original appointments
    ``(a) In General.--Except as provided in subsection (b), all 
original appointments shall be made at the minimum rate of basic pay 
for the Officer rank set forth in the schedule in section 10203.
    ``(b) Exception for Superior Qualifications or Special Need.--The 
Director of the United States Secret Service or the designee of the 
Director may appoint an individual at a rate above the minimum rate of 
basic pay for the Officer rank based on the individual's superior 
qualifications or a special need of the Government for the individual's 
services.
``Sec. 10205. Service step adjustments
    ``(a) Definition.--In this section, the term `calendar week of 
active service' includes all periods of leave with pay or other paid 
time off, and periods of non-pay status which do not cumulatively equal 
one 40-hour workweek.
    ``(b) Adjustments.--Each member whose current performance is at an 
acceptable level of competence shall have a service step adjustment as 
follows:
            ``(1) Each member in service step 1, 2, or 3 shall be 
        advanced successively to the next higher service step at the 
        beginning of the first pay period immediately following the 
        completion of 52 calendar weeks of active service in the 
        member's service step.
            ``(2) Each member in service step 4, 5, 6, 7, 8, 9, 10, or 
        11 shall be advanced successively to the next higher service 
        step at the beginning of the first pay period immediately 
        following the completion of 104 calendar weeks of active 
        service in the member's service step.
            ``(3) Each member in service step 12 shall be advanced 
        successively to the next higher service step at the beginning 
        of the first pay period immediately following the completion of 
        156 calendar weeks of active service in the member's service 
        step.
``Sec. 10206. Technician positions
    ``(a) In General.--(1) Each member whose position is determined 
under section 10202(a)(3) to be included as a technician position 
shall, on or after such date, receive, in addition to the member's 
scheduled rate of basic pay, an amount equal to 6 percent of the sum of 
such member's rate of basic pay and the applicable locality-based 
comparability payment.
    ``(2) A member described in this subsection shall receive the 
additional compensation authorized by this subsection until such time 
as the member's position is determined under section 10202(a)(3) not to 
be a technician position, or until the member no longer occupies such 
position, whichever occurs first.
    ``(3) The additional compensation authorized by this subsection 
shall be paid to a member in the same manner and at the same time as 
the member's basic pay is paid.
    ``(b) Exceptions.--(1) Except as provided in paragraph (2), the 
additional compensation authorized by subsection (a)(1) shall be 
considered as basic pay for all purposes, including section 8401(4).
    ``(2) The additional compensation authorized by subsection (a)(1) 
shall not be considered as basic pay for the purposes of--
            ``(A) section 5304; or
            ``(B) section 7511(a)(4).
    ``(3) The loss of the additional compensation authorized by 
subsection (a)(1) shall not constitute an adverse action for the 
purposes of section 7512.
``Sec. 10207. Promotions
    ``(a) In General.--Each member who is promoted to a higher rank 
shall receive basic pay at the same step at which such member was being 
compensated prior to the date of the promotion.
    ``(b) Credit for Service.--For the purposes of a service step 
adjustment under section 10205, periods of service at the lower rank 
shall be credited in the same manner as if it was service at the rank 
to which the employee is promoted.
``Sec. 10208. Demotions
    ``When a member is changed or demoted from any rank to a lower 
rank, the Secretary may fix the member's rate of basic pay at the rate 
of pay for any step in the lower rank which does not exceed the lowest 
step in the lower rank for which the rate of basic pay is equal to or 
greater than the member's existing rate of basic pay.
``Sec. 10209. Clothing allowances
    ``(a) In General.--In addition to the benefits provided under 
section 5901, the Director of the United States Secret Service or the 
designee of the Director is authorized to provide a clothing allowance 
to a member assigned to perform duties in normal business or work 
attire purchased at the discretion of the employee. Such clothing 
allowance shall not to be treated as part of the member's basic pay for 
any purpose (including retirement purposes) and shall not be used for 
the purpose of computing the member's overtime pay, pay during leave or 
other paid time off, lump-sum payments under section 5551 or section 
5552, workers' compensation, or any other benefit. Such allowance for 
any member may be discontinued at any time upon written notification by 
the Director of the United States Secret Service or the designee of the 
Director.
    ``(b) Maximum Amount Authorized.--A clothing allowance authorized 
under this section shall not exceed $500 per annum.''.
    (b) Annual Leave Limitation for Members in the Deputy Chief, 
Assistant Chief, and Chief Ranks.--Section 6304(f)(1) of title 5, 
United States Code, is amended--
            (1) in subparagraph (F), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (G), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) a position in the United States Secret 
                Service Uniformed Division at the rank of Deputy Chief, 
                Assistant Chief, or Chief.''.
    (c) Sick Leave for Work-Related Injuries and Illnesses.--Section 
6324 of title 5, United States Code, is amended--
            (1) in subsection (a), by striking ``Executive Protective 
        Service force'' and inserting ``United States Secret Service 
        Uniformed Division'';
            (2) in subsection (b)(3), by striking ``the Treasury for 
        the Executive Protective Service force'' and inserting 
        ``Homeland Security for the United States Secret Service 
        Uniformed Division''; and
            (3) by adding at the end the following:
    ``(c) This section shall not apply to members of the United States 
Secret Service Uniformed Division who are covered under chapter 84 for 
the purpose of retirement benefits.''.

SEC. 4. MISCELLANEOUS PROVISIONS.

    (a) Conversion to New Salary Schedule in Calendar Year 2010.--
            (1) In general.--
                    (A) Rates of pay fixed.--Effective the first day of 
                the first pay period beginning on or after May 1, 2010, 
                the Secretary shall fix the rates of basic pay for 
                members of the United States Secret Service Uniformed 
                Division, as defined under section 10201 of title 5, 
                United States Code, (as added by section 3(a) of this 
                Act) in accordance with the provisions of this 
                subsection.
                    (B) Rate based on creditable service.--
                            (i) In general.--Each member shall be 
                        placed in and receive basic pay at the 
                        corresponding scheduled rate under chapter 102 
                        of title 5, United States Code, as added by 
                        section 3(a) of this Act (after any adjustment 
                        under paragraph (3) of this subsection) in 
                        accordance with the member's total years of 
                        creditable service, as provided in the table in 
                        this clause. If the scheduled rate of basic pay 
                        for the step to which the member would be 
                        assigned in accordance with this paragraph is 
                        lower than the member's rate of basic pay 
                        immediately before the date of enactment of 
                        this paragraph, the member shall be placed in 
                        and receive basic pay at the next higher 
                        service step, subject to the provisions of 
                        clause (iv). If the member's rate of pay 
                        exceeds the highest step of the rank, the rate 
                        of basic pay shall be determined in accordance 
                        with clause (iv).

----------------------------------------------------------------------------------------------------------------
                    Full Years of Creditable Service                          Step Assigned Upon Conversion
----------------------------------------------------------------------------------------------------------------
0                                                                        1
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1                                                                        2
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2                                                                        3
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3                                                                        4
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5                                                                        5
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7                                                                        6
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9                                                                        7
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11                                                                       8
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13                                                                       9
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15                                                                       10
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17                                                                       11
----------------------------------------------------------------------------------------------------------------
19                                                                       12
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22                                                                       13
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                            (ii) Creditable service.--For the purposes 
                        of this subsection, a member's creditable 
                        service is any police service in pay status 
                        with the United States Secret Service Uniformed 
                        Division, the United States Park Police, or the 
                        District of Columbia Metropolitan Police 
                        Department.
                            (iii) Step 13 conversion maximum rate.--
                                    (I) In general.--A member who, at 
                                the time of conversion, is in step 13 
                                of any rank below Deputy Chief, is 
                                entitled to that rate of basic pay 
                                which is the greater of--
                                            (aa) the rate of pay for 
                                        step 13 under the new salary 
                                        schedule; or
                                            (bb) the rate of pay for 
                                        step 14 under the pay schedule 
                                        in effect immediately before 
                                        conversion.
                                    (II) Step 14 rate.--Clause (iv) 
                                shall apply to a member whose pay is 
                                set in accordance with subclause 
                                (I)(bb).
                            (iv) Adjustment based on former rate of 
                        pay.--
                                    (I) Definition.--In this clause, 
                                the term ``former rate of basic pay'' 
                                means the rate of basic pay last 
                                received by a member before the 
                                conversion.
                                    (II) In general.--If, as a result 
                                of conversion to the new salary 
                                schedule, the member's former rate of 
                                basic pay is greater than the maximum 
                                rate of basic pay payable for the rank 
                                of the member's position immediately 
                                after the conversion, the member is 
                                entitled to basic pay at a rate equal 
                                to the member's former rate of basic 
                                pay, and increased at the time of any 
                                increase in the maximum rate of basic 
                                pay payable for the rank of the 
                                member's position by 50 percent of the 
                                dollar amount of each such increase.
                                    (III) Promotions.--For the purpose 
                                of applying section 10207 of title 5, 
                                United States Code, relating to 
                                promotions, (as added by section 3(a) 
                                of this Act) an employee receiving a 
                                rate above the maximum rate as provided 
                                under this clause shall be deemed to be 
                                at step 13.
            (2) Credit for service.--Each member whose position is 
        converted to the salary schedule under chapter 102 of title 5, 
        United States Code, (as added by section 3(a) of this Act) in 
        accordance with this subsection shall be granted credit for 
        purposes of such member's first service step adjustment made 
        after conversion to the salary schedule under that chapter for 
        all satisfactory service performed by the member since the 
        member's last increase in basic pay before the adjustment under 
        this section.
            (3) Adjustments during transition.--The schedule of rates 
        of basic pay shall be increased by the percentage of any annual 
        adjustment applicable to the General Schedule authorized under 
        section 5303 of title 5, United States Code, or any other 
        authority, which takes effect during the period which begins on 
        the date of enactment of this Act through the day before the 
        effective date of this Act. The Secretary of Homeland Security 
        may establish a methodology of schedule adjustment that results 
        in uniform fixed-dollar step increments within any given rank 
        and preserves the established percentage differences among 
        rates of different ranks at the same step position.
    (b) Impact on Benefits Under the District of Columbia Police and 
Firefighters' Retirement and Disability System.--
            (1) Salary increases for purposes of certain pensions and 
        allowances.--
                    (A) Deemed increase.--The increases in pay as a 
                result of this Act shall be deemed to be an increase of 
                2.93 percent in salary of current members for the 
                purposes of section 5-744 or section 5-745 of the 
                District of Columbia Code.
                    (B) Conversion and initial adjustment.--The 
                conversion of positions and members of the United 
                States Secret Service Uniformed Division to appropriate 
                ranks in the salary schedule under section 5-545.01(c) 
                of the District of Columbia Code, and the initial 
                adjustments of rates of basic pay of those positions 
                and individuals in accordance with section 5-561.02(a) 
                of the District of Columbia Code, shall not be treated 
                as an increase in salary for purposes of section 5-744 
                or section 5-745 of the District of Columbia Code.
            (2) Treatment of retirement benefits and pensions of 
        current and former members.--Except as otherwise provided in 
        this Act, nothing in this Act shall affect retirement benefits 
        and pensions of current members and former members who have 
        retired under the District of Columbia Police and Firefighters' 
        Retirement and Disability System.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--To the extent that any provision of the District 
of Columbia Code that authorizes an entitlement to pay or hours of work 
for current members of the United States Secret Service Uniformed 
Division is not expressly revoked by this Act, such provision shall not 
apply to such members after the effective date of this Act.
    (b) Technical and Conforming Amendments to the District of Columbia 
Code.--The District of Columbia Code is amended as follows:
            (1) In section 5-521.01, by striking ``the United States 
        Secret Service Uniformed Division,''.
            (2) In section 5-521.02, by striking, ``the United States 
        Secret Service Uniformed Division and''.
            (3) In section 5-521.03, by striking--
                    (A) in the section heading ``United States Secret 
                Service Uniformed Division and'';
                    (B) ``the United States Secret Service Uniformed 
                Division and'';
                    (C) ``the Secretary of the Treasury and''; and
                    (D) ``, respectively''.
            (4) In section 5-542.02, by striking ``United States Secret 
        Service Uniformed Division,''.
            (5) In section 5-543.01(b), by striking ``the United States 
        Secret Service Uniformed Division,''.
            (6) In section 5-543.02, by striking--
                    (A) in subsection (a), ``the Secretary of Treasury, 
                in the case of the United States Secret Service 
                Uniformed Division,'';
                    (B) in subsection (b), ``the United States Secret 
                Service Uniformed Division or''; and
                    (C) in subsection (e), ``the United States Secret 
                Service Uniformed Division or''.
            (7) In section 5-543.03(a)(5), by striking ``the United 
        States Secret Service Uniformed Division and''.
            (8) In section 5-543.04, by striking in subsection (d)(1) 
        ``the United States Secret Service Uniformed Division or''.
            (9) In section 5-543.05, by striking--
                    (A) ``the United States Secret Service Uniformed 
                Division,''; and
                    (B) ``or the Secretary of the Treasury,''.
            (10) In section 5-545.01, by striking--
                    (A) in the section heading, ``and the United States 
                Secret Service Uniformed Division'';
                    (B) in subsection (a), ``and the United States 
                Secret Service Uniformed Division'';
                    (C) in subsection (c)(1)--
                            (i) by striking ``the United States Secret 
                        Service Uniformed Division and''; and
                            (ii) in the matter following paragraph (1), 
                        by striking from the Salary Schedule ``United 
                        States Secret Service Uniformed Division'';
                    (D) in subsection (c)(2), by striking ``the annual 
                rates of basic compensation'' and all that follows 
                through ``the Secretary of the Treasury, and'';
                    (E) in subsection (c)(5), by striking ``officers 
                and members of the United States Secret Service 
                Uniformed Division or'';
                    (F) in subsection (c)(6)(A), by striking ``the 
                United States Secret Service Uniformed Division or''; 
                and
                    (G) in subsection (c)(7)(A), by striking ``the 
                United States Secret Service Uniformed Division or''.
            (11) In section 5-545.06, by striking ``, the Secretary of 
        the Treasury,''.
            (12) By striking section 5-561.01.
            (13) In section 5-561.02(a)(1), by striking ``the Secretary 
        of Treasury'' and all that follows through ``United States 
        Secret Service Uniformed Division, and''.
            (14) In section 5-716(b)(2), by inserting ``, or, for a 
        member who was an officer or member of the United States Secret 
        Service Uniformed Division, or the United States Secret Service 
        Division, 40 percent of the corresponding salary for step 5 of 
        the Officer rank in section 10203 of title 5, United States 
        Code'' after ``member's death''.
            (15) In section 5-1304--
                    (A) in subsection (a)(1)--
                            (i) by inserting ``and'' before ``the 
                        Secretary of the Interior''; and
                            (ii) by striking ``, and the Secretary of 
                        the Treasury in the case of the United States 
                        Secret Service Uniformed Division'';
                    (B) in subsection (a)(9)--
                            (i) by inserting ``or'' before ``the United 
                        States Park Police force''; and
                            (ii) by striking ``or the United States 
                        Secret Service Uniformed Division'';
                    (C) in subsection (b)--
                            (i) by inserting ``or'' before ``the 
                        Secretary of the Interior''; and
                            (ii) by striking ``or the Secretary of the 
                        Treasury,'';
                    (D) in subsection (h)(3)(A), by striking ``of the 
                United States Secret Service Uniformed Division or''; 
                and
                    (E) in subsection (h)(3)(B), by striking ``of the 
                United States Secret Service Uniformed Division or''.
            (16) In section 5-1305 by striking--
                    (A) ``the United States Secret Service Uniformed 
                Division,''; and
                    (B) ``the Secretary of the Treasury,''.
    (c) Technical and Conforming Amendments to the United States 
Code.--Title 5 of the United States Code is amended--
            (1) in section 5102(c)(5), by striking ``the Executive 
        Protective Service'' and inserting ``the United States Secret 
        Service Uniformed Division'';
            (2) in section 5541(2)(iv)(II), by striking ``a member of 
        the United States Secret Service Uniformed Division,''; and
            (3) in the table of chapters for subpart I of part III by 
        adding at the end the following:

``102. United States Secret Service Uniformed Division         10201''.
                            Personnel.

SEC. 6. EFFECTIVE DATE.

    This Act (including the amendments made by this Act) shall take 
effect the first day of the first pay period beginning on or after May 
1, 2010.

            Passed the Senate October 13, 2009.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```