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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).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2010     2011     2012     2013     2014     2015     2016     2017     2018     2019   2010-2014  2010-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
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.