[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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