[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Page S7059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5178. Mr. PORTMAN (for Mr. Johnson) proposed an amendment to the 
bill H.R. 6302, to provide an increase in premium pay for protective 
services during 2016, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Overtime Pay for Protective 
     Services Act of 2016''.

     SEC. 2. PREMIUM PAY EXCEPTION IN 2016 FOR PROTECTIVE 
                   SERVICES.

       (a) Definition.--In this section, the term ``covered 
     employee'' means any officer, employee, or agent employed by 
     the United States Secret Service who performs protective 
     services for an individual or event protected by the United 
     States Secret Service during 2016.
       (b) Exception to the Limitation on Premium Pay for 
     Protective Services.--
       (1) In general.--Notwithstanding any other provision of 
     law, during 2016, section 5547(a) of title 5, United States 
     Code, shall not apply to any covered employee to the extent 
     that its application would prevent a covered employee from 
     receiving premium pay, as provided under the amendment made 
     by paragraph (2).
       (2) Technical and conforming amendment.--Section 118 of the 
     Treasury and General Government Appropriations Act, 2001 (as 
     enacted into law by section 1(3) of Public Law 106-554; 114 
     Stat. 2763A-134) is amended, in the first sentence, by 
     inserting ``or, if the employee qualifies for an exception to 
     such limitation under section 2(b)(1) of the Overtime Pay for 
     Protective Services Act of 2016, to the extent that such 
     aggregate amount would exceed the rate of basic pay payable 
     for a position at level II of the Executive Schedule under 
     section 5313 of title 5, United States Code'' after ``of that 
     limitation''.
       (c) Treatment of Additional Pay.--If subsection (b) results 
     in the payment of additional premium pay to a covered 
     employee of a type that is normally creditable as basic pay 
     for retirement or any other purpose, that additional pay 
     shall not--
       (1) be considered to be basic pay of the covered employee 
     for any purpose; or
       (2) be used in computing a lump-sum payment to the covered 
     employee for accumulated and accrued annual leave under 
     section 5551 or section 5552 of title 5, United States Code.
       (d) Aggregate Limit.--With respect to the application of 
     section 5307 of title 5, United States Code, the payment of 
     any additional premium pay to a covered employee as a result 
     of subsection (b) shall not be counted as part of the 
     aggregate compensation of the covered employee.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect as if enacted on December 
     31, 2015.
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