USC Chapter 102

USC Chapter 102
in effect

5 U.S.C. § 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.

5 U.S.C. § 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 11 So in original. this chapter. (c) Regulations.—The Secretary may prescribe such regulations as may be necessary to administer this chapter.

5 U.S.C. § 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. RankStep 1Step 2Step 3Step 4Step 5Step 6Step 7Step 8Step 9Step 10Step 11Step 12Step 13 1 So in original. Probably should be followed by “for”. 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..............................59,70862,74465,78068,81671,85274,88877,92480,96083,99687,032 Lieutenant........................................69,01872,35875,69879,03882,37885,71889,05892,39895,738 Captain..................................................79,59483,26886,94290,61694,29097,964101,638105,312 Inspector..................................................91,53395,75899,983104,208108,433112,658116,883121,108 Deputy ChiefThe 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 ChiefThe rate of basic pay 1 the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. ChiefThe rate of basic pay 1 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

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