Sec. 6232. OVERTIME PAY EXCEPTION FOR PROTECTIVE SERVICES
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## SEC. 6232 OVERTIME PAY EXCEPTION FOR PROTECTIVE SERVICES **[**[5 U.S.C. 5547 note](/us/usc/t5/s5547)**]** ###
(a)Covered Employee Defined In this section, the term “covered employee” means any individual employed by, and conducting protective services on behalf of, the Diplomatic Security Service for an individual. ###
(b)Exception to the Limitation on Premium Pay for Protective Services Notwithstanding the restrictions contained in section 5547 of title 5, United States Code, any covered employee may receive premium pay for overtime officially ordered or approved and performed while conducting protective security functions in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a) of such title, except that such premium pay shall not be payable to an employee 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 such title. ###
(c)Treatment of Additional Pay If the application of 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)Report ####
(1)In general Not later than 180 days after the date of the enactment of this division, the Secretary shall submit to the appropriate committees of Congress a report describing the steps the Department is taking to address the increased protective service demands placed upon individuals by the Diplomatic Security Service. ####
(2)Elements The report required under paragraph
(1)shall include the following elements: #####
(A)An analysis of the current operational demands and staffing levels. #####
(B)Recommended strategies for reducing overtime requirements, including— ######
(i)hiring additional personnel; ######
(ii)solutions such that sufficient resources are available throughout each year without the need for waivers of premium pay limitations; ######
(iii)redistribution of workload; and ######
(iv)other improvements in operational efficiency. ####
(3)Appropriate committees of congress defined In this subsection, the term “appropriate committees of Congress” means— #####
(A)the appropriate congressional committees; #####
(B)the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and #####
(C)the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives. ###
(f)Effective Date This section shall take effect as if enacted on Jan 1, 2023. ###
(g)Sunset This section shall terminate on December 31, 2027. # TITLE LXIII INFORMATION SECURITY AND CYBER DIPLOMACY
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Sec. 6232
OVERTIME PAY EXCEPTION FOR PROTECTIVE SERVICES
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