[111th Congress Public Law 282]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 3033]]
Public Law 111-282
111th Congress
An Act
An Act to transfer statutory entitlements to pay and hours of work
authorized by laws codified in the District of Columbia Official Code
for current members of the United States Secret Service Uniformed
Division from such laws to the United States Code, and for other
purposes. <<NOTE: Oct. 15, 2010 - [S. 1510]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Secret Service Uniformed Division Modernization Act of 2010.>>
SECTION 1. <<NOTE: 5 USC 101 note.>> SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``United States
Secret Service Uniformed Division Modernization Act of 2010''.
(b) Purpose.--The <<NOTE: 5 USC 10201 note.>> purpose of this Act is
to transfer statutory entitlements to pay and hours of work authorized
by laws codified in the District of Columbia Official Code for current
members of the United States Secret Service Uniformed Division from such
laws to the United States Code.
SEC. 2. HUMAN RESOURCES FOR UNITED STATES SECRET SERVICE UNIFORMED
DIVISION.
(a) Pay for Members of the United States Secret Service Uniformed
Division.--Subpart I of part III of title 5, United States Code, is
amended by adding at the end the following:
``CHAPTER 102--UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL
``Sec.
``10201. Definitions.
``10202. Authorities.
``10203. Basic pay.
``10204. Rate of pay for original appointments.
``10205. Service step adjustments.
``10206. Technician positions.
``10207. Promotions.
``10208. Demotions.
``10209. Clothing allowances.
``10210. Reporting requirement.
``Sec. 10201. Definitions
``In this chapter--
``(1) the term `member' means an employee of the United
States Secret Service Uniformed Division having the authorities
described under section 3056A(b) of title 18;
``(2) the term `Secretary' means the Secretary of the
Department of Homeland Security; and
``(3) the term `United States Secret Service Uniformed
Division' has the meaning given that term under section 3056A of
title 18.
[[Page 124 STAT. 3034]]
``Sec. 10202. Authorities
``(a) In General.--The Secretary is authorized to--
``(1) fix and adjust rates of basic pay for members of the
United States Secret Service Uniformed Division, subject to the
requirements of this chapter;
``(2) determine what constitutes an acceptable level of
competence for the purposes of section 10205;
``(3) establish and determine the positions at the Officer
and Sergeant ranks to be included as technician positions; and
``(4) determine the rate of basic pay of a member who is
changed or demoted to a lower rank, in accordance with section
10208.
``(b) Delegation of Authority.--The Secretary is authorized to
delegate to the designated agent or agents of the Secretary, any power
or function vested in the Secretary under in this chapter.
``(c) Regulations.--The Secretary may prescribe such regulations as
may be necessary to administer this chapter.
``Sec. 10203. Basic pay
``(a) In General.--The annual rates of basic pay of members of the
United States Secret Service Uniformed Division shall be fixed in
accordance with the following schedule of rates, except that the payable
annual rate of basic pay for positions at the Lieutenant, Captain, and
Inspector ranks is limited to 95 percent of the rate of pay for level V
of the Executive Schedule under subchapter II of chapter 53.
[[Page 124 STAT. 3035]]
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``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
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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.
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[[Page 124 STAT. 3036]]
``(b) Schedule Adjustment.--
``(1)(A) Effective <<NOTE: Effective date.>> 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
[[Page 124 STAT. 3037]]
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
[[Page 124 STAT. 3038]]
allowance to a member assigned to perform duties in normal business or
work attire purchased at the discretion of the employee. Such clothing
allowance shall not to be treated as part of the member's basic pay for
any purpose (including retirement purposes) and shall not be used for
the purpose of computing the member's overtime pay, pay during leave or
other paid time off, lump-sum payments under section 5551 or section
5552, workers' compensation, or any other benefit. Such allowance for
any member may be discontinued at any time upon written notification by
the Director of the United States Secret Service or the designee of the
Director.
``(b) Maximum Amount Authorized.--A clothing allowance authorized
under this section shall not exceed $500 per annum.
``Sec. 10210. Reporting requirement
``Not later than 3 years after the date of the enactment of this
chapter, the Secretary shall prepare and transmit to Congress a report
on the operation of this chapter. The report shall include--
``(1) an assessment of the effectiveness of this chapter
with respect to efforts of the Secretary to recruit and retain
well-qualified personnel; and
``(2) recommendations for any legislation or administrative
action which the Secretary considers appropriate.''.
(b) Annual Leave Limitation for Members in the Deputy Chief,
Assistant Chief, and Chief Ranks.--Section 6304(f)(1) of title 5, United
States Code, is amended--
(1) in subparagraph (F), by striking ``or'' after the
semicolon;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) a position in the United States Secret Service
Uniformed Division at the rank of Deputy Chief,
Assistant Chief, or Chief.''.
(c) Sick Leave for Work-Related Injuries and Illnesses.--Section
6324 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``Executive Protective
Service force'' and inserting ``United States Secret Service
Uniformed Division'';
(2) in subsection (b)(3), by striking ``the Treasury for the
Executive Protective Service force'' and inserting ``Homeland
Security for the United States Secret Service Uniformed
Division''; and
(3) by adding at the end the following:
``(c) This section shall not apply to members of the United States
Secret Service Uniformed Division who are covered under chapter 84 for
the purpose of retirement benefits.''.
SEC. 3. MISCELLANEOUS <<NOTE: 5 USC 10201 note.>> PROVISIONS.
(a) Conversion to New Salary Schedule.--
(1) In general.--
(A) Rates of pay fixed.--Effective <<NOTE: Effective
date.>> the first day of the first pay period which
begins after the date of the enactment of this Act, the
Secretary shall fix the rates of basic pay for members
of the United States Secret Service Uniformed Division,
as defined under section 10201 of title 5, United States
Code, (as added by section 2(a)) in accordance with the
provisions of this subsection.
[[Page 124 STAT. 3039]]
(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 2(a)
(after any adjustment under paragraph (3) of this
subsection) in accordance with the member's total
years of creditable service, as provided in the
table in this clause. If the scheduled rate of
basic pay for the step to which the member would
be assigned in accordance with this paragraph is
lower than the member's rate of basic pay
immediately before the date of enactment of this
paragraph, the member shall be placed in and
receive basic pay at the next higher service step,
subject to the provisions of clause (iv). If the
member's rate of pay exceeds the highest step of
the rank, the rate of basic pay shall be
determined in accordance with clause (iv).
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Full Years of Creditable Service Step Assigned Upon Conversion
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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
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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
[[Page 124 STAT. 3040]]
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 <<NOTE: Applicability.>> (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 2(a))
an employee receiving a rate above the
maximum rate as provided under this
clause shall be deemed to be at step 13.
(2) Credit for service.--Each member whose position is
converted to the salary schedule under chapter 102 of title 5,
United States Code, (as added by section 2(a)) in accordance
with this subsection shall be granted credit for purposes of
such member's first service step adjustment made after
conversion to the salary schedule under that chapter for all
satisfactory service performed by the member since the member's
last increase in basic pay before the adjustment under this
section.
(3) Adjustments during transition.--The schedule of rates of
basic pay shall be increased by the percentage of any annual
adjustment applicable to the General Schedule authorized under
section 5303 of title 5, United States Code, or any other
authority, which takes effect during the period beginning on
January 1, 2010, through the last day of the last pay period
preceding the first pay period which begins after the date of
the enactment of this Act. The Secretary of Homeland Security
may establish a methodology of schedule adjustment that results
in uniform fixed-dollar step increments within any given rank
and preserves the established percentage
[[Page 124 STAT. 3041]]
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.--For purposes of section 3 of the Act entitled ``An
Act to provide increased pensions for widows and children of
deceased members of the Police Department and the Fire
Department of the District of Columbia'', approved August 4,
1949 (sec. 5-744, D.C. Official Code) and section 301 of the
District of Columbia Police and Firemen's Salary Act of 1953
(sec. 5-745, D.C. Official Code)--
(A) the conversion of positions and members of the
United States Secret Service Uniformed Division to
appropriate ranks in the salary schedule set forth in
this Act and the amendments made by this Act shall not
be treated as an increase in the salary of individuals
who are members of the United States Secret Service
Uniformed Division on the date of the enactment of this
Act; and
(B) any adjustment of rates of basic pay of those
positions and individuals in accordance with this Act
and the amendments made by this Act which is made after
such conversion shall be treated as an increase in the
salary of individuals who are members of the United
States Secret Service Uniformed Division on the date of
the enactment of this Act.
(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. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--To <<NOTE: 5 USC 10201 note.>> the extent that any
provision of any law codified in the District of Columbia Official Code
that authorizes an entitlement to pay or hours of work for current
members of the United States Secret Service Uniformed Division is not
expressly revoked by this Act, such provision shall not apply to such
members after the effective date of this Act.
(b) Technical and Conforming Amendments to Laws Codified in District
of Columbia Official Code.--The following laws codified in the District
of Columbia Official Code are amended as follows:
(1) The Act entitled ``An Act to provide for granting to
officers and members of the Metropolitan Police force, the Fire
Department of the District of Columbia, and the White House and
United States Park Police forces additional compensation for
working on holidays'', approved October 24, 1951, is amended--
(A) in the second sentence of section 1 (sec. 5-
521.01, D.C. Official Code), by striking ``the Fire
Department of the District of Columbia,'' and all that
follows through ``and the United States Park Police
Force'' and inserting ``the Fire Department of the
District of Columbia, and the United States Park Police
Force'';
[[Page 124 STAT. 3042]]
(B) in section 2 (sec. 5-521.02, D.C. Official
Code), by striking ``and with respect'' and all that
follows through ``United States Park Police force'' and
inserting ``and with respect to officers and members of
the United States Park Police force''; and
(C) in section 3 (sec. 5-521.03, D.C. Official
Code), by striking ``shall be applicable'' and all that
follows and inserting the following: ``shall be
applicable to the United States Park Police force under
regulations promulgated by the Secretary of the
Interior.''.
(2) The District of Columbia Police and Firemen's Salary Act
of 1958 is amended as follows:
(A) In section 202 (sec. 5-542.02, D.C. Official
Code), by striking ``United States Secret Service
Uniformed Division,''.
(B) In section 301(b) (sec. 5-543.01(b), D.C.
Official Code), by striking ``the United States Secret
Service Uniformed Division,''.
(C) In section 302 (sec. 5-543.02, D.C. Official
Code)--
(i) in subsection (a), by striking ``the
Secretary of Treasury, in the case of the United
States Secret Service Uniformed Division,'';
(ii) in subsection (b), by striking ``the
United States Secret Service Uniformed Division
or''; and
(iii) in subsection (e), by striking ``the
United States Secret Service Uniformed Division
or''.
(D) In section 303(a)(5) (sec. 5-543.03(a)(5), D.C.
Official Code), by striking ``the United States Secret
Service Uniformed Division and''.
(E) In section 304(d)(1) (sec. 5-543.04(d)(1)), by
striking ``the United States Secret Service Uniformed
Division or''.
(F) In section 305 (sec. 5-543.05, D.C. Official
Code)--
(i) by striking ``the United States Secret
Service Uniformed Division,''; and
(ii) by striking ``or the Secretary of the
Treasury,''.
(G) In section 501 (sec. 5-545.01, D.C. Official
Code)--
(i) in subsection (a), by striking ``and the
United States Secret Service Uniformed Division'';
(ii) in subsection (c)(1)--
(I) by striking ``the United States
Secret Service Uniformed Division and'';
and
(II) in the schedule set forth in
such subsection, by striking ``United
States Secret Service Uniformed
Division'';
(iii) in subsection (c)(2), by striking ``the
annual rates of basic compensation'' and all that
follows through ``the Secretary of the Treasury,
and'';
(iv) in subsection (c)(5), by striking
``officers and members of the United States Secret
Service Uniformed Division or'';
(v) in subsection (c)(6)(A), by striking ``the
United States Secret Service Uniformed Division
or''; and
(vi) in subsection (c)(7)(A), by striking
``the United States Secret Service Uniformed
Division or''.
(H) In section 506 (sec. 5-545.06, D.C. Official
Code), by striking ``, the Secretary of the Treasury,''.
[[Page 124 STAT. 3043]]
(3) Section 118 of the Treasury and General Government
Appropriations Act, 1998, is <<NOTE: 18 USC 3056A
note.>> amended by striking subsection (b) (sec. 5-561.01, D.C.
Official Code).
(4) Section 905(a)(1) of the Law Enforcement Pay Equity Act
of 2000 (Public Law 106-554; sec. 5-561.02(a)(1), D.C. Official
Code) is <<NOTE: 18 USC 3056A note.>> amended by striking ``the
Secretary of Treasury'' and all that follows through ``United
States Secret Service Uniformed Division, and''.
(5) Subsection (k)(2)(B) of the Policemen and Firemen's
Retirement and Disability Act (sec. 5-716(b)(2), D.C. Official
Code) is amended by inserting ``, or, for a member who was an
officer or member of the United States Secret Service Uniformed
Division, or the United States Secret Service Division, 40
percent of the corresponding salary for step 5 of the Officer
rank in section 10203 of title 5, United States Code'' after
``member's death''.
(6) Section 1 of the Act entitled ``An Act to provide a 5-
day week for officers and members of the Metropolitan Police
force, the United States Park Police force, and the White House
Police force, and for other purposes'', approved August 15, 1950
(sec. 5-1304, D.C. Official Code), is amended--
(A) in subsection (a)(1)--
(i) by inserting ``and'' before ``the
Secretary of the Interior''; and
(ii) by striking ``, and the Secretary of the
Treasury in the case of the United States Secret
Service Uniformed Division'';
(B) in subsection (a)(9)--
(i) by inserting ``or'' before ``the United
States Park Police force''; and
(ii) by striking ``or the United States Secret
Service Uniformed Division'';
(C) in subsection (b)--
(i) by inserting ``or'' before ``the Secretary
of the Interior''; and
(ii) by striking ``or the Secretary of the
Treasury,'';
(D) in subsection (h)(3)(A), by striking ``of the
United States Secret Service Uniformed Division or'';
and
(E) in subsection (h)(3)(B), by striking ``of the
United States Secret Service Uniformed Division or''.
(7) Section 117(a) of the District of Columbia Police and
Firemen's Salary Act Amendments of 1972 (sec. 5-1305, D.C.
Official Code) is amended--
(A) by striking ``the Fire Department of the
District of Columbia,'' and all that follows through
``or the United States Park Police force'' and inserting
``the Fire Department of the District of Columbia, or
the United States Park Police force''; and
(B) by striking ``, the Secretary of the
Treasury,''.
(c) Technical and Conforming Amendments to the United States Code.--
Title 5 of the United States Code is amended--
(1) in section 5102(c)(5), by striking ``the Executive
Protective Service'' and inserting ``the United States Secret
Service Uniformed Division'';
(2) in section 5541(2)(iv)(II), by striking ``a member of
the United States Secret Service Uniformed Division,''; and
[[Page 124 STAT. 3044]]
(3) in the <<NOTE: 5 USC 9501.>> table of chapters for
subpart I of part III by adding at the end the following:
``102. United States Secret Service Uniformed Division Personnel10201''.
SEC. 5. <<NOTE: 5 USC 5102 note.>> EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the first day of the first pay period which begins after the date of the
enactment of this Act.
Approved October 15, 2010.
LEGISLATIVE HISTORY--S. 1510:
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SENATE REPORTS: No. 111-86 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 155 (2009):
Oct. 13, considered and passed
Senate.
Vol. 156 (2010):
June 28, considered and passed
House, amended.
Sept. 27, Senate concurred in House
amendments with an
amendment.
Sept. 29, House concurred in Senate
amendment.
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