[114th Congress Public Law 311]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 1531]]

Public Law 114-311
114th Congress

                                 An Act


 
  To provide an increase in premium pay for protective services during 
  2016, and for other purposes. <<NOTE: Dec. 16, 2016 -  [H.R. 6302]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Overtime Pay for 
Protective Services Act of 2016. 5 USC 5547 note.>> 
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) <<NOTE: 5 USC 5547 note.>>  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.

[[Page 130 STAT. 1532]]

    (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.

    Approved December 16, 2016.

LEGISLATIVE HISTORY--H.R. 6302:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-837 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Nov. 30, considered and passed House.
            Dec. 9, considered and passed Senate.
            Dec. 13, House concurred in Senate amendment.

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