69–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–837 

OVERTIME PAY FOR SECRET SERVICE AGENTS ACT OF 

2016 

NOVEMBER 29, 2016.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 6302] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 6302) to provide an increase in premium 

pay for United States Secret Service agents performing protective 

services during 2016, 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 ........................................................................... 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Roll Call Votes ......................................................................................................... 4 

Application of Law to the Legislative Branch ....................................................... 4 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

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

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandate Statement ............................................................................... 5 

Earmark Identification ............................................................................................ 5 

Committee Estimate ................................................................................................ 5 

Budget Authority and Congressional Budget Office Cost Estimate .................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

Additional Views ...................................................................................................... 8 


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1 18 U.S.C. § 3056. 

2Pub. L. No. 90–331 (1968). 

3 H. Comm. on Oversight and Government Reform, United States Secret Service: An Agency 

in Crisis, 114th Cong. (Dec. 9, 2015). 4 Id. 

5 H. Comm. on Oversight and Government Reform, Oversight of the Secret Service, 114th 

Cong. (Nov. 15, 2016) (written statement of Thomas E. Dougherty, Chief Strategy Officer, Office 

of Strategic Planning and Policy, United States Secret Service). 6 5 U.S.C. § 5547. 

7 U.S. Secret Service, U.S. Secret Service Workforce Retention Initiatives Legislative Proposals 

(Feb. 24, 2016). 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 6302, the Overtime Pay for Secret Service Agents Act of 

2016, lifts the biweekly pay cap for basic and premium overtime 

pay to Level II of the Executive Schedule for the 2016 calendar 

year for Secret Service special agents. Lifting the pay cap allows 

Secret Service special agents who worked on the 2016 presidential 

election to be partially compensated for the overtime hours they 

worked that were in excess of the normal biweekly pay cap. The 

additional premium overtime pay would not be creditable for retirement annuity or annual leave calculations. 

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 and his or her family.1 In 1968, the mission 

of the Secret Service was expanded to include the protection of 

major presidential candidates and their spouses during a presidential election year.2

In December 2015, the Committee issued an investigative report 

finding the Secret Service ‘‘is experiencing a staffing crisis that 

threatens to jeopardize its critical mission.’’ 3 At the time of the report’s publication, the Secret Service had fewer employees than at 

any point over the previous decade.4 Special agents have been required to work excessive overtime to fulfill the agency’s protective 

mission and, in some cases, this overtime is not compensated. 

The ‘‘protective mission [of the Secret Service] requires continued, uninterrupted coverage for . . . protectees’’ 5, meaning overtime hours for special agents can be high relative to other law enforcement agencies. While increased overtime in a presidential election year is normal, the agency’s staffing shortages have exacerbated the amount of overtime worked by special agents in 2016. 

Total aggregate compensation for a pay period, which includes 

basic and premium overtime pay, for special agents on the General 

Schedule is capped at the biweekly pay equivalent of an annual 

salary of $160,300.6 As a result, during any pay period Secret Service special agents can only be compensated for the overtime hours 

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

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

issue affecting employee morale and retention.7

H.R. 6302 would raise the biweekly pay cap for special agents 

who worked on the presidential campaign in calendar year 2016 to 

the pay period equivalent of Level II of the Executive Schedule, 

$185,100. Under the proposal, every Secret Service special agent 


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8 Email from U.S. Secret Service to H. Comm. on Oversight and Government Reform staff 

(Nov. 4, 2016). 9 Email and phone calls from U.S. Secret Service to H. Comm. on Oversight and Government 

Reform staff (Nov. 7, 2016). 10 H. Comm. on Oversight and Government Reform, Oversight of the Secret Service, 114th 

Cong. (Nov. 15, 2016). 

with overtime for which they were not compensated would receive 

partial relief for their unpaid overtime. In 2016, 1,077 Secret Service employees exceeded the present pay cap by some amount.8 The 

Committee calculates that special agents with outstanding overtime will receive, on average, $20,427 in additional compensation 

for the overtime they have worked under this legislation. The Committee urges that appropriations sufficient to fund this additional 

overtime be included in any measure making appropriations for the 

remainder of 2016. Based on information provided by the Secret 

Service, the Committee estimates that approximately 170 employees will still have some unpaid overtime under the bill.9

Ultimately, H.R. 6302 remedies an immediate problem facing the 

Secret Service and does so in a timely manner. It provides additional compensation for hours already worked to individuals who 

put their lives on hold and at risk during the 2016 presidential 

election. However, this legislation does not solve the challenges facing the Secret Service. In fact, it remains incumbent on Secret 

Service management to take action to immediately address all of 

the causes that have led to its poor staffing levels and high attrition rates. The agency must continue to improve its hiring practices and management effectiveness and reduce collateral or nonessential aspects of Secret Service’s mission. Additionally, the bill 

is specifically tailored for the circumstances regarding the agency’s 

staffing and protective mission and is not intended to serve as 

precedent for waiving pay caps for any other agency. 

LEGISLATIVE HISTORY

H.R. 6302 was introduced on November 14, 2016 by Chairman 

Jason Chaffetz (R–UT) and referred to the Committee on Oversight 

and Government Reform. On November 16, 2016, the Committee 

ordered H.R. 6302 favorably reported to the House by voice vote. 

Prior to consideration of H.R. 6302, the Committee held a hearing on compensation and staffing problems at the Secret Service on 

November 15, 2016.10 At that hearing, Members discussed the Secret Service’s challenges in hiring and retaining special agents necessary to ensure staffing levels sufficient to mitigate excessive overtime in violation of the pay cap. 

SECTION-BY-SECTION

Section 1. Short title 

Designates the short title of the bill as the ‘‘Overtime Pay for Secret Service Agents Act of 2016.’’ 

Section 2. Premium pay exception in 2016 for work authorized 

under Section 3056 of Title 18 

Subsection (a) authorizes Secret Service special agents who 

worked overtime during the presidential election in calendar year 

2016 to be paid for the overtime so long as their total annual comVerDate Sep 11 2014 06:20 Nov 30, 2016 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR837.XXX HR837

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pensation does not exceed the annual amount payable in basic pay 

to Level II of the Executive Schedule. 

Subsection (b) prohibits the overtime compensation authorized to 

be paid to Secret Service special agents during the presidential 

election in calendar year 2016 from being used to calculate a special agent’s retirement or annual leave benefits. 

Subsection (c) defines employee as a special agent of the Secret 

Service that is a law enforcement officer but is not a member of 

the Secret Service’s Uniformed Division or an officer, employee, 

agent, or law enforcement officer of any other Federal agency. 

Subsection (d) makes a conforming amendment to ensure that 

Secret Service special agents’ bi-weekly compensation may include 

the pay they receive for the overtime they have worked during the 

presidential election in calendar year 2016. 

EXPLANATION OF AMENDMENTS

During Full Committee consideration of the bill, Ranking Member Elijah Cummings (D–MD) offered an amendment that would 

raise the pay cap to Level I of the Executive Schedule and make 

it applicable to all future presidential elections. The amendment 

was ultimately withdrawn by Rep. Cummings after a colloquy with 

the Chairman during which it was agreed that the Committee 

would receive quarterly updates from the Secret Service to inform 

the Committee’s further consideration of the pay cap issue next 

year. 

COMMITTEE CONSIDERATION

On November 16, 2016, the Committee met in open session and 

ordered reported favorably the bill, H.R. 6302, by voice vote, a 

quorum being present. 

ROLL CALL VOTES

No roll call votes were requested or conducted during Full Committee consideration of H.R. 6302. 

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 provides an increase in 

premium pay for United States Secret Service agents performing 

protective services during 2016. 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. 


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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 and 

objective of the bill is to provide an increase in premium pay for 

United States Secret Service agents performing protective services 

during 2016. 

DUPLICATION OF FEDERAL PROGRAMS

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 

5 U.S.C. § 551. 

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 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

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 received a letter 

from the Congressional Budget Office included herein. 

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

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 


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Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 29, 2016. 

Hon. JASON CHAFFETZ, 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. 6302, the Overtime Pay 

for Secret Service Agents Act of 2016. 

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

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

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 6302—Overtime Pay for Secret Service Agents Act of 2016 

H.R. 6302 would remove certain limits on premium pay earned 

by special agents of the Secret Service who provided protective 

services in calendar year 2016; the bill’s provisions would not apply 

to years after 2016. The agency expects the legislation to benefit 

about 1,200 agents who would be paid about $13,000 more, on average, for hours worked in 2016. 

Based on that information provided by the Secret Service, CBO 

estimates that enacting the bill would increase direct spending by 

$16 million in fiscal year 2017. The cost could be more depending 

on the number of hours worked by agents in December. The retroactive pay authorized by H.R. 6302 would be considered an entitlement for federal employees who have already performed the work 

for which the bill would provide compensation. Thus, the bill would 

increase direct spending and pay-as-you-go procedures apply. Enacting the legislation would not affect revenues. 

CBO estimates that enacting H.R. 6302 would not increase net 

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

10-year periods beginning in 2027. 

H.R. 6302 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

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

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was 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 (new matter is printed in italic 

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

roman): 


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TREASURY AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2001 

* * * * * * * 

TITLE I—DEPARTMENT OF THE 

TREASURY 

* * * * * * * 

SEC. 118. Hereafter, and except as provided in section 2 of the 

Overtime Pay for Secret Service Agents Act of 2016, funds made 

available by this or any other Act may be used to pay premium pay 

for protective services authorized by section 3056(a) of title 18, 

United States Code, without regard to the restrictions contained in 

section 5547 of title 5, United States Code, except that such premium pay shall not be payable to an employee to the extent that 

the aggregate of the employee’s basic and premium pay for the year 

would otherwise exceed the annual equivalent of that limitation. 

The term premium pay refers to the provisions of law cited in the 

first sentence of section 5547(a) of title 5, United States Code. Payment of additional premium pay payable under this section may be 

made in a lump sum on the last payday of the calendar year. 

* * * * * * * 


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1 House Committee on Oversight and Government Reform, United States Secret Service: An 

Agency in Crisis (Dec. 9, 2015). 

ADDITIONAL VIEWS 

Committee Democrats support H.R. 6302, the Overtime Pay for 

Secret Service Agents Act of 2016. The bill would authorize an increase in the annual salary and overtime limit up to level II of the 

Executive Schedule so that Secret Service agents would be eligible 

to receive additional back pay for overtime they worked in 2016. 

Last year, the Committee adopted a bipartisan report concluding 

that the Secret Service ‘‘is experiencing a staffing crisis that threatens to jeopardize its critical mission’’ due in large part to ‘‘significant cuts imposed by the Budget Control Act of 2011.’’ The unanimous report recommended that Congress ‘‘ensure that Secret Service has sufficient funds to restore staffing to required levels.’’ 1

Although 2016 has been a year of extraordinary demand and 

strain on the Secret Service, significant hours of overtime are required in every presidential campaign year. In addition to providing protection at large-scale national security events, additional 

staffing resources will be needed in future presidential election 

years for national political conventions and around-the-clock protection of candidates and their families. 

For these reasons, all Committee Democrats joined together to 

introduce more substantial legislation to ensure that Secret Service 

agents are paid for the overtime they have worked in 2016 and will 

work in all future presidential years. On November 16, 2016, they 

introduced H.R. 6318, the Fair Pay for Presidential Protection Act 

of 2016, which would also authorize a greater level of overtime 

compensation than H.R. 6302. 

The Federal Law Enforcement Officers Association, which represents rank-and-file Secret Service agents, testified before the 

Committee that there should be a legislative fix to raise the overtime pay cap ‘‘at a minimum, during a presidential campaign year.’’ 

The witness added that although ‘‘this last election season was unprecedented in many respects, we do not believe it will prove to be 

unique in the years ahead,’’ and he stressed ‘‘the importance of 

working together to find a permanent solution to the effect that the 

pay cap has on the USSS.’’ 

During the markup of H.R. 6302 on November 16, 2016, Ranking 

Member Cummings offered an amendment that would have incorporated provisions of H.R. 6318 by proposing a permanent solution 

that would have authorized increasing the salary caps in all future 

presidential election years. 

Ranking Member Cummings withdrew the amendment after a 

colloquy in which Chairman Chaffetz agreed that the Committee 

will ask the Secret Service to provide additional updates on the 

overtime pay issue and staffing on a quarterly basis. Chairman 


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Chaffetz also agreed to hold a roundtable or public hearings with 

the Secret Service on these issues in 2017. 

ELIJAH E. CUMMINGS, 

Ranking Member. 

Æ 


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