S. 3427 (ENR) - Overtime Pay for Protective Services Act of 2023

[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.