79–006 

115TH CONGRESS REPT. 115–435 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

SECRET SERVICE RECRUITMENT AND RETENTION ACT 

OF 2017 

DECEMBER 4, 2017.—Ordered to be printed 

Mr. GOWDY, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 3731] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 3731) to provide overtime pay for employees of the United States Secret Service, and for other purposes, 

having considered the same, report favorably thereon without 

amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 1 

Section-by-Section .................................................................................................... 4 

Explanation of Amendments ................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Roll Call Votes ......................................................................................................... 5 

Application of Law to the Legislative Branch ....................................................... 5 

Statement of Oversight Findings and Recommendations of the Committee ...... 5 

Statement of General Performance Goals and Objectives .................................... 5 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Federal Advisory Committee Act ............................................................................ 6 

Unfunded Mandates Statement .............................................................................. 6 

Earmark Identification ............................................................................................ 6 

Committee Estimate ................................................................................................ 6 

Budget Authority and Congressional Budget Office Cost Estimate .................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 3731, the Secret Service Recruitment and Retention Act of 

2017, extends until the end of calendar year 2018 the U.S. Secret 

2 

1 18 U.S.C. § 3056. 

2 Reporting Computer, Internet-Related, or Intellectual Property Crime, DEP’T OF JUSTICE, https://www.justice.gov/criminal-ccips/reporting-computer-internet-related-or-intellectual-property-crime (last accessed Sept. 22, 2017). 3Join, U.S. SECRET SERVICE, https://www.secretservice.gov/join/careers/ (last accessed Sept. 

22, 2017). 4 H. COMM. ON OVERSIGHT & GOV’T REFORM, UNITED STATES SECRET SERVICE: AN AGENCY IN

CRISIS 18 (Dec. 9, 2015) [hereinafter ‘‘Committee Report’’]. 5 Id. at 117. 6 Briefing by Susan Yarwood, Chief Human Capital Officer, U.S. Secret Service, to staff, H. 

Comm. on Oversight & Gov’t Reform (Sept. 15, 2017) [hereinafter ‘‘Secret Service Briefing’’]. 7Leg. Proposal from U.S. Secret Service to Congress, USSS and DHS Aggregate Pay Cap Legislative Proposal (n.d.), at 7 [hereinafter ‘‘Secret Service Leg. Proposal’’]. 8 5 U.S.C. § 5547. 

Service-specific waiver of the pay cap for basic and premium overtime pay. Congress authorized this waiver in the Overtime Pay for 

Protective Services Act of 2016. Lifting the pay cap allows Secret 

Service personnel to be partially compensated for overtime hours 

that result in owed compensation above the cap. The additional 

premium overtime pay will not be creditable for retirement annuity 

or annual leave calculations. In addition, the bill mandates a series 

of reports and information to Congress to assess future changes 

that might reduce the agency’s reliance on premium overtime pay. 

BACKGROUND AND NEED FOR LEGISLATION

The United States Secret Service is a federal law enforcement 

agency whose chief responsibility is the protection of the President 

of the United States, the Vice President of the United States, immediate families of the occupants of both positions, and select other 

individuals and events of national significance.1 The Secret Service 

also has a role in investigating certain cybercrimes and currency 

counterfeiting.2 The agency has three main personnel types: special 

agents; uniformed division officers; and administrative, professional, and technical staff.3

There is no margin for failure with respect to the Secret Service’s 

protective mission. Unfortunately, a December 2015 Committee investigative report found the Secret Service ‘‘is experiencing a staffing crisis that threatens to jeopardize [that] critical mission.’’ 4

When the report was released, the Secret Service had fewer employees (6,306) than at any point over the previous decade.5 Since 

then, the agency has moved to increase staffing levels, reaching its 

goal of 6,800 personnel for FY2017.6 Even with these modest gains, 

Secret Service personnel have been required to work excessive 

overtime to fully staff the agency’s protective mission. In addition, 

due to the size of the President’s family, the Secret Service is responsible for 11 more permanent protectees than during the previous Administration.7 Together, the agency’s staffing shortages 

and increased protective responsibilities have caused Secret Service 

personnel to reach the statutory pay cap before the end of the year, 

meaning some overtime is not compensated. 

Total aggregate compensation for a pay period, which includes 

basic and premium overtime pay, for Secret Service personnel on 

the General Schedule is capped at the biweekly pay equivalent of 

an annual salary of $161,900.8 As a result, during any pay period 

Secret Service personnel can only be compensated for the overtime 

hours they work until they reach the biweekly pay cap. This overtime cap, commonly referred to as a ‘‘max out’’ within the Secret 

3 

9Secret Service Briefing, supra note 6. 10Secret Service Leg. Proposal, supra note 7, at 5. 11Secret Service Briefing, supra note 6. 12 Id. 13 Committee Report, supra note 4, at 178. 

Service, has consistently been reported to the Committee as a top 

issue affecting employee morale and retention.9

H.R. 3731 extends the pay cap waiver Congress granted to the 

Secret Service in 2016 as part of the Overtime Pay for Protective 

Services Act. That bill raised the cap for all protective work conducted during the 2016 presidential election cycle. For the aforementioned reasons, the Secret Service needs an extended waiver. 

H.R. 3731 extends the waiver to the end of calendar year 2018 for 

work on the agency’s protective mission. As in the previous Act, 

H.R. 3731 subjects Secret Service personnel to a new aggregate pay 

cap of Level II of the Executive Schedule, or $187,000 in 2017. Approximately 1,300 Secret Service personnel will benefit from the 

legislation in 2017—with approximately 144 still having some unpaid overtime if the legislation is enacted.10 However, the bill will 

provide at least partial relief to all Secret Service personnel with 

overtime for which they were not compensated. 

As the Committee has made clear, the Secret Service cannot continue to rely on expensive premium overtime pay to meet its mission. The agency needs to improve both hiring and retention at the 

agency so it has an appropriate number of personnel. The Secret 

Service has made improvements on this front, having decreased its 

agency-wide attrition by 1.37 percent over the past year.11 The 

time-to-hire also decreased from an average of 406 days to 117 

days.12 Work remains, however, and the legislation directs the Secret Service to issue a report to Congress on further recruitment 

and retention initiatives at the agency. It also requires the Secret 

Service to submit the questions used during polygraph examinations for agency job applicants to Congress so Congress can understand the extent to which the questions might be affecting the 

agency’s effort to recruit and hire new talent. 

In addition, the bill will require the Secret Service provide Congress information on the scope of its mission. The Committee’s investigative report in 2015 found the Secret Service’s mission has 

dramatically expanded, and the agency and Congress need to assess the effect of the agency’s investigative mission on the protective mission in a time of low staffing levels.13 The scope of the protective mission should also be assessed. The bill directs the Secret 

Service to submit updated threat assessments, with some exceptions, to Congress so that it can evaluate if statutory changes are 

needed to revise who must be protected by the agency. For similar 

reasons, the bill also directs the Secret Service to notify Congress 

and provide an updated threat assessment if a protective detail is 

extended. 

Ultimately, H.R. 3731 remedies an immediate problem and does 

so in a timely manner, as a stop-gap measure. It is incumbent upon 

the agency to continue making progress with the recruitment and 

retention of personnel and on Congress to remain engaged with 

finding a solution to the agency’s scope of mission problem. Finally, 

the bill is tailored for the unique circumstances the agency faces 

regarding staffing its protective mission, and the Committee will 

4 

14Oversight of the Secret Service: Hearing Before the H. Comm. on Oversight & Gov’t Reform, 

114th Cong. (2016). 

not regard it as precedent for waiving pay caps for any other agency. 

LEGISLATIVE HISTORY

On September 11, 2017, Representative John Katko (R–NY) introduced H.R. 3731, the Secret Service Recruitment and Retention 

Act of 2017, with Chairman Trey Gowdy (R–SC); Ranking Member 

Elijah Cummings (D–MD); Chairman Michael McCaul (R–TX) and 

Ranking Member Bennie Thompson (D–MS) of the Committee on 

Homeland Security; Representatives Daniel Donovan (R–NY), Sheila Jackson Lee (D–TX), John Ratcliffe (R–TX), and Bonnie Watson 

Coleman (D–NJ); and Delegate Eleanor Holmes Norton (D–DC). 

H.R. 3731 was referred to the House Committee on the Judiciary 

and in addition the House Committee on Oversight and Government Reform. The Committee on Oversight and Government Reform considered H.R. 3731 at a business meeting on September 13, 

2017, and ordered the bill reported favorably, without amendment, 

by voice vote. 

In the 114th Congress, Representative Jason Chaffetz (R–UT) introduced a similar bill to H.R. 3731, which was H.R. 6302, the 

Overtime Pay for Protective Services Act of 2016. On November 16, 

2016, the Committee on Oversight and Government Reform ordered H.R. 6302 reported favorably, without amendment, by voice 

vote, and on November 30, 2016, the House passed the bill by voice 

vote under suspension of the rules. The Senate passed H.R. 6302, 

as amended, on December 10, 2016 by unanimous consent. The 

House then concurred to the Senate amendments on December 13, 

2016 by unanimous consent. On December 16, 2016 President 

Obama signed H.R. 6302 into law, with the bill becoming Public 

Law No. 114–311. 

Prior to consideration of H.R. 6302, the Committee on Oversight 

and Government Reform held a hearing on compensation and staffing problems at the Secret Service. The hearing was held on November 15, 2016.14 At that hearing, Members discussed the Secret 

Service’s challenges in hiring and retaining a sufficient number of 

special agents in order to mitigate excessive overtime in violation 

of the pay cap. 

SECTION-BY-SECTION

Sec. 1. Short title 

Section 1 establishes the short title of the bill. 

Sec. 2. Extension of overtime pay exception through 2018 for protective services 

Section 2 amends the Overtime Pay for Protective Services Act 

of 2016 by extending the pay cap waiver for covered employees of 

the Secret Service from December 31, 2016, to December 31, 2018. 

Section 2 also requires two reports to the Committee on Homeland 

Security and the Committee on Oversight and Government Reform 

of the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate on the effects of 

5 

the changes, including the total number of Secret Service personnel 

receiving additional premium pay; the total amount of additional 

premium pay paid under the waiver; and other information. 

Sec. 3. Recruitment and retention efforts 

Section 3 requires the Director of the Secret Service to conduct 

and transmit to the appropriate committees of Congress, updated 

threat assessments on most individuals protected by the Secret 

Service within 180 days of enactment. Relatedly, this section requires the Department to notify those committees when the President exercises the authority to designate additional protectees and 

threat assessments on them. Section 3 also requires a report on the 

Secret Service’s efforts to remedy the personnel shortage within the 

agency, and a list of polygraph examination questions be submitted 

to the committees. 

EXPLANATION OF AMENDMENTS

There were no amendments to H.R. 3731 offered or adopted during Committee consideration of the bill. 

COMMITTEE CONSIDERATION

On September 13, 2017, the Committee met in open session and, 

with a quorum being present, ordered the bill favorably reported by 

voice vote. 

ROLL CALL VOTES

There were no roll call votes requested or conducted during Full 

Committee consideration of H.R. 3731. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill extends the U.S. Secret 

Service-specific waiver of the pay cap for basic and premium overtime pay until the end of calendar year 2018. As such, this bill does 

not relate to employment or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of this bill is to provide overtime pay for employees of the 

United States Secret Service on a temporary basis. 

6 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII no provision of this 

bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

section 551 of title 5, United States Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of Section 5(b) of the appendix to title 5, United States 

Code. 

UNFUNDED MANDATES STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement as to whether 

the provisions of the reported include unfunded mandates. In compliance with this requirement, the Committee has included below 

a letter received from the Congressional Budget Office. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of the 

House of Representatives, the Committee includes below a cost estimate of the bill prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act 

of 1974. 

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the House of Representatives, the cost estimate prepared by the Congressional Budget Office and submitted pursuant to section 402 of the Congressional 

Budget Act of 1974 is as follows: 

7 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 14, 2017. 

Hon. TREY GOWDY, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3731, the Secret Service 

Recruitment and Retention Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R. 3731—Secret Service Recruitment and Retention Act of 2017 

Summary: H.R. 3731 would remove certain limits on premium 

pay earned by employees of the Secret Service who either provided 

protective services in calendar year 2017 or will provide them in 

2018. The bill’s provisions would not apply to years after 2018. 

CBO estimates that enacting the bill would increase direct spending by $10 million in fiscal year 2018. We also estimate that implementing the bill would increase spending subject to appropriation 

by about $7 million in fiscal year 2018 and $3 million in fiscal year 

2019. 

Because enacting H.R. 3731 would affect direct spending, pay-asyou-go procedures apply. Enacting the bill would not affect revenues. 

CBO estimates that enacting H.R. 3731 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 3731 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 3731 is shown in the following table. The costs 

of this legislation fall within budget function 750 (administration 

of justice). 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018– 

2022 

2018– 

2027 

INCREASES IN DIRECT SPENDING 

Estimated Budget Authority .. 10 0 0 0 0 0 0 0 0 0 10 10 

Estimated Outlays ................. 10 0 0 0 0 0 0 0 0 0 10 10 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level 7 3 0 0 0 0 0 0 0 0 10 10 

Estimated Outlays ................. 7 3 0 0 0 0 0 0 0 0 10 10 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted in early 2018 and that the necessary amounts will 

be appropriated for fiscal years 2018 and 2019. Estimated outlays 

are based on the historical rate of spending for Secret Service pay. 

8 

Direct spending (Retroactive pay) 

H.R. 3731 would remove certain limits on premium pay earned 

by employees of the Secret Service who provided protective services 

in calendar year 2017. Assuming the bill is enacted in early 2018, 

nearly all the additional pay earned in calendar year 2017 would 

be paid retroactively in fiscal year 2018. The retroactive pay authorized by H.R. 3731 would be considered an entitlement for federal employees who have already performed the work for which the 

bill would provide compensation. 

Based on 2017 pay records through September of this year, the 

Secret Service expects that the legislation would benefit about 

1,200 employees who would be paid about $8,600 more, on average, 

for hours worked in calendar year 2017. Thus, CBO estimates that 

enacting the bill would increase direct spending by about $10 million in fiscal year 2018. (For comparison purposes, the Secret Service disbursed about $13 million in similar additional premium pay 

in calendar year 2016, which was a presidential election year and 

for which limits on employee compensation also were lifted.) If the 

bill is enacted later in 2018, then it would increase direct spending 

by more than $10 million because more retroactive pay would be 

required. 

Spending subject to appropriation 

For any hours worked in calendar year 2018—after the assumed 

enactment of the bill—we expect that any additional compensation 

would not be retroactive, but would be paid on a regular basis 

(probably biweekly) as those hours are worked by employees. Based 

on an analysis of information provided by the Secret Service, CBO 

estimates that enacting the bill would cost about $7 million in fiscal year 2018 and about $3 million in fiscal year 2019, assuming 

appropriation of the necessary amounts. If the bill is enacted later 

in 2018, then 2018 spending subject to appropriation would be less 

than $7 million because more compensation would be paid retroactively (direct spending). 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3731, THE SECRET SERVICE RECRUITMENT 

AND RETENTION ACT OF 2017, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM ON SEPTEMBER 13, 2017. 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018– 

2022 

2018– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ................................... 10 0 0 0 0 0 0 0 0 0 10 10 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

9 

Mandates: H.R. 3731 contains no intergovernmental or privatesector mandates as defined in UMRA and would impose no costs 

on state, local, or tribal governments. 

Estimate prepared by: Federal costs: Mark Grabowicz; Mandates: 

Zach Byrum. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

OVERTIME PAY FOR PROTECTIVE SERVICES ACT OF 

2016 

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 ø2016¿ 2016 THROUGH 2018 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 øduring 2016¿ during 2016 through 2018. 

(b) EXCEPTION TO THE LIMITATION ON PREMIUM PAY FOR PROTECTIVE SERVICES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, øduring 2016¿ during 2016 through 2018, 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) 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 

10 

(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) EFFECTIVE DATE.—This section and the amendments made by 

this section shall take effect as if enacted on December 31, 2015. 

Æ