[118th Congress Public Law 38]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 13]]
Public Law 118-38
118th Congress
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. <<NOTE: Feb. 6, 2024 - [S. 3427]>>
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 2023.>>
SECTION 1. <<NOTE: 5 USC 101 note.>> 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) <<NOTE: 5 USC 5547 note.>> 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;
[[Page 138 STAT. 14]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda-
tions. Strategies.>> 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
[[Page 138 STAT. 15]]
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.
Approved February 6, 2024.
LEGISLATIVE HISTORY--S. 3427:
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CONGRESSIONAL RECORD:
Vol. 169 (2023):
Dec. 18, considered and passed
Senate.
Vol. 170 (2024):
Jan. 29, considered and passed
House.
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