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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3427 Engrossed in Senate (ES)]

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118th CONGRESS
  1st Session
                                S. 3427

_______________________________________________________________________

                                 AN ACT

 
   To extend the authority to provide employees of the United States 
 Secret Service with overtime pay beyond other statutory limitations, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overtime Pay for Protective Services 
Act of 2023''.

SEC. 2. EXTENSION OF OVERTIME PAY EXCEPTION THROUGH 2028 FOR PROTECTIVE 
              SERVICES.

    (a) Amendments.--Section 2 of the Overtime Pay for Protective 
Services Act of 2016 (5 U.S.C. 5547 note) is amended--
            (1) in the section heading, by striking ``2023'' and 
        inserting ``2028'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Definition'' and inserting ``Definitions'';
                    (B) by striking ``In this section, the term'' and 
                inserting the following: ``In this section--
            ``(1) the term''; and
                    (C) by striking ``2023.'' and inserting the 
                following: ``2028; and
            ``(2) the term `protective services' does not include 
        routine administrative or technical work that supports the 
        daily operations of the United States Secret Service.''; and
            (3) in subsection (b)(1), by striking ``during each of 
        calendar years 2016 through 2023'' and inserting ``for 
        protective services during each of calendar years 2016 through 
        2028''.
    (b) Retroactive Effective Date.--If this Act is enacted after 
December 31, 2023, the amendments made by subsection (a) shall take 
effect as if enacted on December 31, 2023.
    (c) Reports.--
            (1) Definitions.--In this subsection:
                    (A) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--
                            (i) the Committee on Appropriations of the 
                        Senate;
                            (ii) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (iii) the Committee on the Judiciary of the 
                        Senate;
                            (iv) the Committee on Appropriations of the 
                        House of Representatives;
                            (v) the Committee on Homeland Security of 
                        the House of Representatives;
                            (vi) the Committee on Oversight and 
                        Accountability of the House of Representatives; 
                        and
                            (vii) the Committee on the Judiciary of the 
                        House of Representatives.
                    (B) Director.--The term ``Director'' means the 
                Director of the United States Secret Service.
            (2) Report on plans to reduce overtime usage.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Director shall 
                submit to the appropriate committees of Congress a 
                report describing the steps that the United States 
                Secret Service is taking to address the increased 
                protective service demands placed upon United States 
                Secret Service personnel.
                    (B) Elements.--The report required under 
                subparagraph (A) shall include the following:
                            (i) An analysis of the current (as of the 
                        date on which the report is submitted) 
                        operational demands and staffing levels with 
                        respect to the United States Secret Service.
                            (ii) Recommended strategies for reducing 
                        overtime requirements for United States Secret 
                        Service personnel, including--
                                    (I) the appointment of additional 
                                personnel;
                                    (II) solutions such that sufficient 
                                resources are available throughout each 
                                year without the need for exceptions 
                                to, or waivers of, premium pay 
                                limitations;
                                    (III) the redistribution of 
                                workload among United States Secret 
                                Service personnel; and
                                    (IV) other improvements in 
                                operational efficiency with respect to 
                                the United States Secret Service.
            (3) Annual projections.--
                    (A) In general.--
                            (i) Requirement.--In accordance with the 
                        schedule described in clause (ii), the Director 
                        shall submit to the appropriate committees of 
                        Congress a report that contains projections for 
                        the information described in paragraphs (1) 
                        through (7) of section 2(c) of the Secret 
                        Service Recruitment and Retention Act of 2018 
                        (Public Law 115-160; 132 Stat. 1246), which 
                        shall be divided by calendar quarter.
                            (ii) Schedule described.--The schedule 
                        described in this clause is as follows:
                                    (I) Not later than 30 days after 
                                the date of enactment of this Act, a 
                                report with respect to calendar year 
                                2024.
                                    (II) Not later than December 31 of 
                                each of calendar years 2024 through 
                                2027, a report with respect to the 
                                calendar year following the calendar 
                                year in which the report is submitted.
                    (B) Quarterly updates.--With respect to each annual 
                report required under subparagraph (A), the Director 
                shall, on the last day of each calendar quarter of the 
                calendar year that is covered by the report, submit to 
                the appropriate committees of Congress an updated 
                version of that report that contains projections for 
                the information described in that subparagraph for the 
                remainder of that calendar year, which shall be divided 
                by calendar quarter.
                    (C) Deeming of period.--Solely for the purposes of 
                a report required under this paragraph, a reference in 
                any of paragraphs (1) through (7) of section 2(c) of 
                the Secret Service Recruitment and Retention Act of 
                2018 (Public Law 115-160; 132 Stat. 1246) to a 
                numerical value for a previous calendar year shall be 
                deemed to be a projection of that numerical value for 
                an upcoming calendar year or for the remainder of a 
                calendar year, as applicable.
            (4) Effect of amendments.--Not later than January 30 of 
        each of calendar years 2025 through 2029, the Director shall 
        submit to the appropriate committees of Congress a report on 
        the effects of the amendments made by subsection (a), which 
        shall include, with respect to the calendar year preceding the 
        calendar year in which the report is submitted, the following:
                    (A) The information described in paragraphs (1) 
                through (7) of section 2(c) of the Secret Service 
                Recruitment and Retention Act of 2018 (Public Law 115-
                160; 132 Stat. 1246).
                    (B) A comparison between the final data reported 
                under subparagraph (A) and the annual projections 
                reported for that calendar year under paragraph (3)(A), 
                including an explanation for any substantial variance 
                between that final data and those annual projections.

            Passed the Senate December 18, 2023.

            Attest:

                                                             Secretary.
118th CONGRESS

  1st Session

                                S. 3427

_______________________________________________________________________

                                 AN ACT

   To extend the authority to provide employees of the United States 
 Secret Service with overtime pay beyond other statutory limitations, 
                        and for other purposes.
```