[Congressional Record Volume 169, Number 208 (Monday, December 18, 2023)]
[Senate]
[Page S6025]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            OVERTIME PAY FOR PROTECTIVE SERVICES ACT OF 2023

  Mr. SCHUMER. Madam President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
S. 3427 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3427) to extend the authority to provide 
     employees of the United States Secret Service with overtime 
     pay beyond other statutory limitations, and for other 
     purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time and passed and the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3427) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

                                S. 3427

       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.

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