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112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-205
_______________________________________________________________________

                                     

                                                       Calendar No. 496

 
          UNITED STATES SECRET SERVICE RETIREMENT ACT OF 2012

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1515

   TO PERMIT CERTAIN MEMBERS OF THE UNITED STATES SECRET SERVICE AND 
CERTAIN MEMBERS OF THE UNITED STATES SECRET SERVICE UNIFORMED DIVISION 
WHO WERE APPOINTED IN 1984, 1985, OR 1986 TO ELECT TO BE COVERED UNDER 
    THE DISTRICT OF COLUMBIA POLICE AND FIREFIGHTER RETIREMENT AND 
DISABILITY SYSTEM IN THE SAME MANNER AS MEMBERS APPOINTED PRIOR TO 1984




                August 28, 2012.--Ordered to be printed

  Filed, under authority of the order of the Senate of August 2, 2012
        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           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
JON TESTER, Montana                  RAND PAUL, Kentucky
MARK BEGICH, Alaska                  JERRY MORAN, Kansas

                  Michael L. Alexander, Staff Director
       Beth M. Grossman, Deputy Staff Director and Chief Counsel
                        Kenya N. Wiley, Counsel
               Nicholas A. Rossi, Minority Staff Director
                Mark B. LeDuc, Minority General Counsel
            John A. Kane, Minority Professional Staff Member
                  Trina Driessnack Tyrer, Chief Clerk
                                                       Calendar No. 496
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-205

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




            UNITED STATES SECRET SERVICE RETIREMENT OF 2012

                                _______
                                

                August 28, 2012.--Ordered to be printed

  Filed, under authority of the order of the Senate of August 2, 2012

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1515]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1515) to permit 
certain members of the United States Secret Service and certain 
members of the United States Secret Service Uniformed Division 
who were appointed in 1984, 1985, or 1986 to elect to be 
covered under the District of Columbia Police and Firefighter 
Retirement and Disability System in the same manner as members 
appointed prior to 1984, having considered the same, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I.  Purpose and Summary.............................................1
 II.  Background and Need for the Legislation.........................2
III.  Legislative History.............................................3
 IV.  Section-by-Section Analysis.....................................4
  V.  Evaluation of Regulatory Impact.................................5
 VI.  Congressional Budget Office Estimate............................5
VII.  Changes in Existing Law Made by the Bill, as Reported...........8

                         I. Purpose and Summary

    The purpose of S. 1515 is to permit certain employees of 
the U.S. Secret Service (USSS) who were hired between January 
1, 1984 and December 31, 1986, to transfer from the Federal 
Employees' Retirement System (FERS) to the District of Columbia 
Police and Firefighter Retirement and Disability System (DC 
Retirement System). The bill would thereby resolve a 
longstanding dispute between the federal government and these 
employees regarding the employees' appropriate retirement 
coverage and help ensure that the USSS does not lose a 
significant number of highly experienced and critical 
personnel.

              II. Background and Need for the Legislation

    The Uniformed Division (UD) of the USSS has its origins in 
a local District of Columbia special police force dedicated to 
protecting the White House, known as the White House Police. 
Although UD officers became federal employees in the first half 
of the last century, the local origins of the USSS led to an 
unusual situation in which these federal employees, as well as 
their colleagues in the Secret Service division responsible for 
protecting current and former Presidents and their families 
(USSS agents),\1\ received their retirement coverage under the 
DC Retirement System.\2\ That began to change in the mid-1980s, 
when Congress enacted sweeping reforms to Federal employees' 
retirement coverage. The Federal Employees' Retirement System 
Act of 1986 (the FERS Act) began the process of phasing out the 
Civil Service Retirement System (CSRS) by putting most federal 
employees hired after December 31, 1983 into the Federal 
Employees' Retirement System, which was slated to be up and 
running in 1987. The FERS Act required Federal employees 
participating in FERS to make Social Security contributions and 
made them eligible for Social Security benefits upon 
retirement. The FERS Act also established the Thrift Savings 
Plan (TSP), a defined contribution plan through which each 
employee contributes into an individual retirement savings 
account. The Executive Branch has long interpreted the FERS Act 
as requiring USSS agents and UD officers hired after December 
31, 1983 to receive their retirement coverage through FERS, not 
the DC Retirement System.\3\
---------------------------------------------------------------------------
    \1\Unlike Uniformed Division Officers, who were automatically 
placed into the DC Retirement System, agents who were hired before 
January 1, 1984 who had accrued 10 years of protection time were 
eligible to transfer into the DC Retirement System.
    \2\The USSS reimburses the District of Columbia on a monthly basis 
to cover the cost of annuity benefits for UD officers and agents, 
pursuant to P.L. 71-221 and P.L. 76-847.
    \3\See USSS memorandum on the District of Columbia Police and 
Firefighters Retirement and Disability System, March 27, 2001.
---------------------------------------------------------------------------
    Many USSS agents and UD officers hired between January 1, 
1984 and December 31, 1986, however, have since their hiring 
alleged that the USSS, in part as a recruiting and subsequently 
as a retention tool, promised them eligibility for retirement 
under the more generous DC Retirement System.\4\ Many of them 
have filed judicial or administrative actions seeking to obtain 
coverage under the DC Retirement System, but they have thus far 
been unsuccessful in obtaining relief.\5\
---------------------------------------------------------------------------
    \4\Numerous agents and officers submitted letters to senior USSS 
employees attesting that when they were recruited, they were informed 
of the generous retirement system and the ability to participate in the 
DC Retirement System.
    \5\The USSS agents and UD officers have pursued actions to 
participate in the DC Retirement System through the Office of Personnel 
Management (OPM), the Merit Systems Protection Board (MSPB), the U.S. 
Secret Service, and the U.S. District Court for the District of 
Columbia.
---------------------------------------------------------------------------
    After reviewing the matter, the Committee has determined 
that the interests of the government in retaining the services 
of these highly qualified and experienced USSS employees 
warrant enabling certain USSS agents and UD officers to 
transfer from the FERS system to the DC Retirement System. As 
an increasing number of this group of agents and officers 
become eligible for retirement\6\ without the option to elect 
into the DC Retirement System, many are leaving the Secret 
Service for higher-paying positions in the private sector.\7\ 
The reasons are clear: Secret Service employees participating 
in the DC Retirement System have a significantly greater 
incentive to continue working after 20 years of service than do 
those covered by FERS. Those covered by the DC Retirement 
System receive an additional 3 percent of their pay for each 
year they work after twenty years of service, while FERS 
employees receive only an additional 1 percent for each year 
over twenty.
---------------------------------------------------------------------------
    \6\The number of FERS retirees covered under S. 1515 retiring every 
year has increased from 4 retirees in Fiscal Year 2004 to 10 retirees 
in Fiscal Year 2009. Currently, 121 agents and officers hired between 
1984 and 1986 are eligible to retire.
    \7\According to the USSS, more than 65 percent of the agents and 
officers eligible to retire hold senior leadership positions within the 
agency.
---------------------------------------------------------------------------
    To remedy this situation, S. 1515 would offer a very 
carefully defined group of UD officers and Secret Service 
agents the opportunity to transfer into the DC Retirement 
System.\8\ Only agents and officers hired between January 1, 
1984 and December 31, 1986 would be eligible to transfer into 
the DC Retirement System. In order to make the transfer, the 
employees would have to apply and would agree to give up 
certain benefits established under the FERS Act, such as the 
agency contributions in their individual TSP accounts. Also, S. 
1515 would only apply to current Secret Service employees, and 
thus, this legislation would not be applicable to current 
retirees who were hired between January 1, 1984 and December 
31, 1986.
---------------------------------------------------------------------------
    \8\The USSS informs the Committee that the bill would apply to 
approximately 121 employees.
---------------------------------------------------------------------------

                        III. Legislative History

    S. 1515 was introduced by Senator Lieberman on September 6, 
2011, and referred to the Committee. The Committee considered 
the bill at a business meeting on May 16, 2012. The Committee 
adopted by voice vote a substitute amendment offered by Senator 
Lieberman and then voted to report the bill, also by voice 
vote. Chairman Lieberman, Senators Levin, Akaka, Carper, Pryor, 
Tester, Begich, Collins, and Brown were present for both votes. 
Senators Coburn, Johnson, and Moran asked by proxy to be 
recorded as voting against S. 1515.
    The substitute amends S. 1515 to require the USSS agents 
and UD officers covered under S. 1515 to make a lump sum 
payment for deposit into the USSS appropriations account in 
order to participate in the DC Retirement System. The 
substitute also requires the USSS agents and officers who 
transition into the DC Retirement System to forfeit all 
contributions to the Thrift Savings Fund made by the Secret 
Service. Finally, the substitute clarifies that those electing 
to transfer into the DC Retirement System will be subject to 
the same provisions governing federal reemployment as other 
federal retirees, which restrict individuals' ability to 
receive both a full pension and a salary at the same time.

                    IV. Section-by-Section Analysis


Section 1. Short title

    This section provides that the short title of the bill is 
the ``United States Secret Service Retirement Act of 2012.''

Section 2. Sense of the Senate

    This section provides that it is the sense of the Senate 
that Secret Service agents and officers hired between January 
1, 1984 and December 31, 1986, were promised that, in part as a 
recruitment and retention tool, that they would be eligible to 
participate in the District of Columbia Police and Firefighters 
Retirement System.

Section 3. Authority of certain members of United States Secret Service 
        to elect coverage under District of Columbia Police and 
        Firefighter Retirement System.

    This section sets forth the criteria for coverage under S. 
1515 and the procedures for transferring covered USSS employees 
from FERS to the DC Retirement System.
    Subsection (a) provides that covered employees, after 
receiving notification of the transition costs, must make a 
lump sum payment for deposit into the USSS appropriations 
account in order to participate in the DC Retirement System. 
The covered employees who transition into the DC Retirement 
System will continue to make Social Security contributions and 
will be entitled to the same benefits, subject to existing 
offset requirements designed to ensure against overlapping or 
duplicative contributions and benefits.
    Subsection (a) defines ``covered employees'' as individuals 
who: (1) were hired as members of the U.S. Secret Service 
Division (USSS agents) or the U.S. Secret Service Uniformed 
Division (UD officers) between January 1, 1984 through December 
31, 1986; (2) actively performed duties directly related to the 
protection mission of the USSS for 10 or more years; (3) serve 
as agents or UD officers on the enactment date of S. 1515; and 
(4) are covered under FERS on the date of enactment.
    Subsection (b) provides that not later than 30 days after 
the date of enactment of this Act, the Director of the Secret 
Service must notify each covered employee that he or she is 
covered by this law. The Director must also notify each covered 
employee of the transition costs not later than 15 days after 
determining the costs to transition from FERS to the DC 
Retirement System.
    Subsection (c) provides that within 60 days after the date 
of enactment of S. 1515, the Office of Pay and Retirement 
Services of the District of Columbia must calculate the 
transition costs for each agent and officer covered under S. 
1515.

Section 4. Forfeiture of employer contributions for Thrift Savings plan

    This section provides that the USSS agents and officers 
covered under S. 1515 must forfeit all contributions to the 
Thrift Savings Fund made by an employing agency.

Section 5. Treatment of reemployed annuitants

    This section provides that USSS annuitants covered under S. 
1515 who transition into the DC Retirement System and accept 
full time employment with another federal agency will be 
subject to the same pension offset provisions under title 5, 
United States Code, that currently apply to reemployed 
annuitants under the Federal Employees Retirement System and 
the Civil Service Retirement System.

Section 6. PAYGO compliance

    This section provides that the budgetary effects of the 
Secret Service Retirement Act shall be determined by the 
``Budgetary Effects of PAYGO Legislation.''

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of S. 1515. The Committee 
agrees with the Congressional Budget Office (CBO) that the bill 
would impose an intergovernmental mandate as defined in the 
Unfunded Mandates Reform Act (UMRA). The Committee also agrees 
with CBO that the bill contains no new private-sector mandates 
as defined in UMRA. The enactment of this legislation will not 
have significant regulatory impact.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 1, 2012.
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. 1515, the United 
States Secret Service Retirement Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Santiago 
Vallinas.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

S. 1515--United States Secret Service Retirement Act of 2012

    Summary: S. 1515 would permit certain current employees of 
the U.S. Secret Service hired between January 1, 1984, and 
December 31, 1986, to move from the Federal Employees 
Retirement System (FERS) to the District of Columbia Police and 
Firefighter Retirement and Disability System (D.C. system). The 
bill would require that agents who elect to change systems pay 
for the additional retirement benefits provided under the D.C. 
system over the next 11 years (referred to in the bill as 
transition costs). This bill also would require Secret Service 
agents who choose to be covered under the D.C. system to 
forfeit all contributions to the Thrift Savings Plan (TSP) made 
on their behalf by the Secret Service or any other agencies.
    Pay-as-you-go procedures apply because enacting the 
legislation would affect direct spending and revenues.
    CBO estimates that enacting S. 1515 would, on net, generate 
an insignificant amount of budgetary savings over the 2013-2022 
period. Increased direct spending resulting from the additional 
retirement benefits under the D.C. system would total $7 
million over the 10-year period, but those costs would be 
offset by the payment in 2013 of transition costs by employees 
who switch retirement plans. Such employees would also convert 
from contributing to FERS (which would reduce revenues), to 
contributing to the D.C. system (which would increase 
offsetting receipts by a similar amount).
    Because S. 1515 would require the District of Columbia to 
determine the cost for some members of the Secret Service to 
switch to the D.C. system, the bill would impose an 
intergovernmental mandate as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO estimates that the cost of the mandate 
would be minimal and would not exceed the threshold established 
in UMRA for intergovernmental mandates ($73 million in 2012, 
adjusted annually for inflation). This bill contains no new 
private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1515 is shown in the following table. 
The costs of this legislation fall within budget function 600 
(income security).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, in millions of dollars--
                                                                ----------------------------------------------------------------------------------------
                                                                                                                                                   2013-
                                                                  2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2013-2017   2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDINGa

Estimated Budget Authority.....................................     -7      1      1      1      1      1      1      1      1      1        -4        *
Estimated Outlays..............................................     -7      1      1      1      1      1      1      1      1      1        -4        *

                                                                   CHANGES IN REVENUES

Estimated Revenues.............................................      *      *      *      0      0      0      0      0      0      0         *       *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: *= between -$500,000 and zero: Components may not sum to totals because of rounding.
aCBO estimates that discretionary costs of S. 1515 would not be significant.

    Basis of estimate: For the purposes of this estimate, CBO 
assumes that S. 1515 will be enacted late in 2012. Based on 
information from the Secret Service and the Office of 
Management and Budget, CBO estimates that 121 employees would 
be eligible to transfer to the D.C. retirement system under 
this bill. However, based on an analysis of the costs and 
benefits to individuals faced with the option of making the 
switch, CBO estimates that it is unlikely that more than 10 
percent of eligible employees would choose to make that change. 
The number of employees taking advantage of this option would 
probably be small because the cost they would face to switch 
retirement systems (on average, between $300,000 and $400,000) 
would be very high. Furthermore, the net benefit over time of 
switching would not be large.

Direct spending and revenues

    Because the D.C. system provides a higher basic pension 
than FERS, the current retirement plan for the eligible Secret 
Service employees, CBO estimates that enacting the bill would 
result in additional federal costs of about $7 million for 
benefit payments over the 2013-2022 period if 10 percent of 
eligible employees transfer. (The D.C. system is run by the 
government of Washington, D.C., but receives a payment from the 
federal government to cover certain federal employees.) That 
additional spending would be partially offset by the higher 
contributions totaling less than $500,000 that employees would 
make to the D.C. system over the 10-year period. The bill also 
would require that all employees electing to move to the D.C. 
system pay for the additional retirement benefits they would 
receive through 2022. The transactions for this cohort of 
employees in the D.C. system would be recorded in the federal 
budget. CBO estimates those one-time payments would increase 
offsetting receipts (a credit against direct spending) by about 
$7 million in 2013.
    In addition, the bill would reduce revenues by less than 
$500,000 over the 2013-2022 period, because individuals who 
elect to transfer to the D.C. system would no longer contribute 
to FERS. (Contributions to FERS are classified as revenues.)

Spending subject to appropriation

    The bill would authorize an appropriation of $75,000 to the 
District of Columbia to calculate the transition costs. CBO 
estimates that the other discretionary costs would not be 
significant. All of the discretionary budgetary effects of 
implementing S. 1515 would be subject to the availability of 
appropriated funds.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1515, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ON MAY 16,
                                                                          2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2012   2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0     -7      1      1      1      1      1      1      1      1      1        -4         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Estimated impact on state, local, and tribal governments: 
The bill would impose an intergovernmental mandate by requiring 
the Office of Pay and Retirement Services of the District of 
Columbia to determine the cost for some members of the Secret 
Service to change retirement plans. Based on information from 
agency sources, CBO estimates that the cost of the mandate 
would be minimal and would not exceed the threshold established 
in UMRA for intergovernmental mandates ($73 million in 2012, 
adjusted annually for inflation). The bill would authorize the 
appropriation of $75,000 for the District to carry out the 
requirement.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Santiago Vallinas and 
Sheila Dacey; Impact on State, Local, and Tribal Governments: 
Elizabeth Cove Delisle; Impact on the Private Sector: Paige 
Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy 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):

DISTRICT OF COLUMBIA OFFICIAL CODE

           *       *       *       *       *       *       *


DIVISION I--GOVERNMENT OF DISTRICT

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *



CHAPTER 7--POLICE AND FIREFIGHTERS RETIREMENT AND DISABILITY

           *       *       *       *       *       *       *



Sec. 5-703. United States Secret Service Division; transfer of civil 
                    service funds; credit for prior service with other 
                    police forces

    [Whenever any member] (1) In General.--Whenever any member 
of the United States Secret Service Division has actively 
performed duties other than clerical for 10 years or more 
directly related to the protection of the President, such 
member shall be authorized to transfer all funds to his credit 
in the Civil Service Retirement and Disability Fund continued 
by Sec. Sec. 8331(5) and 8348 of Title 5, United States Code, 
to the general revenues of the District of Columbia and after 
the transfer of such funds the salary of such member shall be 
subject to the same deductions for credit to the general 
revenues of the District of Columbia as the deductions from 
salaries of other members under this subchapter, and he shall 
be entitled to the same benefits as the other members to whom 
such sections apply. Any member of the United States Secret 
Service Division appointed from the United States Secret 
Service Uniformed Division and assigned to duties directly 
related to the protection of the President shall receive credit 
for periods of prior service with the Metropolitan Police 
force, the United States Park Police force, or the United 
States Secret Service Uniformed Division toward the required 10 
years or more service.
    (2) Coverage of Certain Other Employees of Secret 
Service.--
          (A) In general.--Paragraph (1) shall apply with 
        respect to a covered employee in the same manner as 
        such paragraph applies to an individual who is 
        authorized to make a transfer of funds under such 
        paragraph, but only if--
                  (i) not later than 60 days after receiving 
                notification of the transition cost associated 
                with the application of paragraph (1) to the 
                covered employee (as provided under section 
                3(b)(2) of the United States Secret Service 
                Retirement Act of 2012), the covered employee 
                provides a notification to the Director of the 
                United States Secret Service containing such 
                information and assurances as the Director may 
                require; and
                  (ii) on or before the date the covered 
                employee provides a notification under clause 
                (i), the employee makes a lump sum payment in 
                an amount equal to the transition cost 
                associated with the application of paragraph 
                (1) to the covered employee, determined in 
                accordance with section 3(c) of the United 
                States Secret Service Retirement Act of 2012, 
                for deposit into the Contributions for Annuity 
                Benefits, United States Secret Service 
                appropriations account of the Department of 
                Homeland Security.
          (B) Adjustment to reflect social security 
        contributions and benefits.--In the case of a covered 
        employee who authorizes a transfer of funds under 
        paragraph (1), such covered employee shall be subject 
        to the same deductions and shall be entitled to the 
        same benefits as provided for under paragraph (1), 
        subject to offset in accordance with section 103(e) of 
        Public Law 100-238 (5 U.S.C. 8334 note).
          (C) Covered employee defined.--In this paragraph, the 
        term ``covered employee'' means an individual who--
                  (i) was appointed during 1984, 1985, or 
                1986--
                          (I) as a member of the United States 
                        Secret Service Uniformed Division as 
                        defined under section 10201(1) of title 
                        5, United States Code; or
                          (II) to the United States Secret 
                        Service as a criminal investigator as 
                        defined under section 5545a(a)(2) of 
                        title 5, United States Code;
                  (ii) has actively performed duties other than 
                clerical for 10 or more years directly related 
                to the protection mission of the United States 
                Secret Service described under section 3056 of 
                title 18, United States Code;
                  (iii) is serving as an officer or member of 
                the United States Secret Service Uniformed 
                Division as defined under section 10201(1) of 
                title 5, United States Code, or is employed by 
                the United States Secret Service as a criminal 
                investigator as defined under section 
                5545a(a)(2) of title 5, United States Code; and
                  (iv) is covered under the Federal Employees' 
                Retirement System under chapter 84 of title 5, 
                United States Code, on the date of enactment of 
                this paragraph.

           *       *       *       *       *       *       *