[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3427 Enrolled Bill (ENR)]
S.3427
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.