Overtime Pay for Protective Services Act of 2023
PL 118-38 (S.3427), enacted 02/06/2024

[118th Congress Public Law 38]
[From the U.S. Government Publishing Office]



[[Page 138 STAT. 13]]

Public Law 118-38
118th Congress

                                 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. <<NOTE: Feb. 6, 2024 -  [S. 3427]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Overtime Pay for 
Protective Services Act of 2023.>> 
SECTION 1. <<NOTE: 5 USC 101 note.>> 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) <<NOTE: 5 USC 5547 note.>> 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;

[[Page 138 STAT. 14]]

                          (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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- 
                      tions. Strategies.>> 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

[[Page 138 STAT. 15]]

                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.

    Approved February 6, 2024.

LEGISLATIVE HISTORY--S. 3427:
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CONGRESSIONAL RECORD:
                                                        Vol. 169 (2023):
                                    Dec. 18, considered and passed 
                                        Senate.
                                                        Vol. 170 (2024):
                                    Jan. 29, considered and passed 
                                        House.

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