II 

118TH CONGRESS 

1ST SESSION S. 3427 

To extend the authority to provide employees of the United States Secret 

Service with overtime pay beyond other statutory limitations, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2023 

Mr. GRAHAM (for himself, Ms. KLOBUCHAR, Mr. GRASSLEY, and Mr. COONS) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To extend the authority to provide employees of the United 

States Secret Service with overtime pay beyond other 

statutory limitations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Overtime Pay for Pro5 tective Services Act of 2023’’. 

2 

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1 SEC. 2. EXTENSION OF OVERTIME PAY EXCEPTION 

2 THROUGH 2028 FOR PROTECTIVE SERVICES. 

3 (a) AMENDMENTS.—Section 2 of the Overtime Pay 

4 for Protective Services Act of 2016 (5 U.S.C. 5547 note) 

5 is amended— 

6 (1) in the section heading, by striking ‘‘2023’’ 

7 and inserting ‘‘2028’’; 

8 (2) in subsection (a)— 

9 (A) in the subsection heading, by striking 

10 ‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’; 

11 (B) by striking ‘‘In this section, the term’’ 

12 and inserting the following: ‘‘In this section— 

13 ‘‘(1) the term’’; and 

14 (C) by striking ‘‘2023.’’ and inserting the 

15 following: ‘‘2028; and 

16 ‘‘(2) the term ‘protective services’ does not in17 clude routine administrative or technical work that 

18 supports the daily operations of the United States 

19 Secret Service.’’; and 

20 (3) in subsection (b)(1), by striking ‘‘during 

21 each of calendar years 2016 through 2023’’ and in22 serting ‘‘for protective services during each of cal23 endar years 2016 through 2028’’. 

24 (b) RETROACTIVE EFFECTIVE DATE.—If this Act is 

25 enacted after December 31, 2023, the amendments made 

3 

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1 by subsection (a) shall take effect as if enacted on Decem2 ber 31, 2023. 

3 (c) REPORTS.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) APPROPRIATE COMMITTEES OF CON6 GRESS.—The term ‘‘appropriate committees of 

7 Congress’’ means— 

8 (i) the Committee on Appropriations 

9 of the Senate; 

10 (ii) the Committee on Homeland Se11 curity and Governmental Affairs of the 

12 Senate; 

13 (iii) the Committee on the Judiciary 

14 of the Senate; 

15 (iv) the Committee on Appropriations 

16 of the House of Representatives; 

17 (v) the Committee on Homeland Secu18 rity of the House of Representatives; 

19 (vi) the Committee on Oversight and 

20 Accountability of the House of Representa21 tives; and 

22 (vii) the Committee on the Judiciary 

23 of the House of Representatives. 

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1 (B) DIRECTOR.—The term ‘‘Director’’ 

2 means the Director of the United States Secret 

3 Service. 

4 (2) REPORT ON PLANS TO REDUCE OVERTIME

5 USAGE.— 

6 (A) IN GENERAL.—Not later than 180 

7 days after the date of enactment of this Act, 

8 the Director shall submit to the appropriate 

9 committees of Congress a report describing the 

10 steps that the United States Secret Service is 

11 taking to address the increased protective serv12 ice demands placed upon United States Secret 

13 Service personnel. 

14 (B) ELEMENTS.—The report required 

15 under subparagraph (A) shall include the fol16 lowing: 

17 (i) An analysis of the current (as of 

18 the date on which the report is submitted) 

19 operational demands and staffing levels 

20 with respect to the United States Secret 

21 Service. 

22 (ii) Recommended strategies for re23 ducing overtime requirements for United 

24 States Secret Service personnel, includ25 ing— 

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1 (I) the appointment of additional 

2 personnel; 

3 (II) solutions such that sufficient 

4 resources are available throughout 

5 each year without the need for excep6 tions to, or waivers of, premium pay 

7 limitations; 

8 (III) the redistribution of work9 load among United States Secret 

10 Service personnel; and 

11 (IV) other improvements in oper12 ational efficiency with respect to the 

13 United States Secret Service. 

14 (3) ANNUAL PROJECTIONS.— 

15 (A) IN GENERAL.— 

16 (i) REQUIREMENT.—In accordance 

17 with the schedule described in clause (ii), 

18 the Director shall submit to the appro19 priate committees of Congress a report 

20 that contains projections for the informa21 tion described in paragraphs (1) through 

22 (7) of section 2(c) of the Secret Service 

23 Recruitment and Retention Act of 2018 

24 (Public Law 115–160; 132 Stat. 1246), 

25 which shall be divided by calendar quarter. 

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1 (ii) SCHEDULE DESCRIBED.—The 

2 schedule described in this clause is as fol3 lows: 

4 (I) Not later than 30 days after 

5 the date of enactment of this Act, a 

6 report with respect to calendar year 

7 2024. 

8 (II) Not later than December 31 

9 of each of calendar years 2024 

10 through 2027, a report with respect to 

11 the calendar year following the cal12 endar year in which the report is sub13 mitted. 

14 (B) QUARTERLY UPDATES.—With respect 

15 to each annual report required under subpara16 graph (A), the Director shall, on the last day 

17 of each calendar quarter of the calendar year 

18 that is covered by the report, submit to the ap19 propriate committees of Congress an updated 

20 version of that report that contains projections 

21 for the information described in that subpara22 graph for the remainder of that calendar year, 

23 which shall be divided by calendar quarter. 

24 (C) DEEMING OF PERIOD.—Solely for the 

25 purposes of a report required under this paraVerDate Sep 11 2014 19:31 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3427.IS S3427
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1 graph, a reference in any of paragraphs (1) 

2 through (7) of section 2(c) of the Secret Service 

3 Recruitment and Retention Act of 2018 (Public 

4 Law 115–160; 132 Stat. 1246) to a numerical 

5 value for a previous calendar year shall be 

6 deemed to be a projection of that numerical 

7 value for an upcoming calendar year or for the 

8 remainder of a calendar year, as applicable. 

9 (4) EFFECT OF AMENDMENTS.—Not later than 

10 January 30 of each of calendar years 2025 through 

11 2029, the Director shall submit to the appropriate 

12 committees of Congress a report on the effects of 

13 the amendments made by subsection (a), which shall 

14 include, with respect to the calendar year preceding 

15 the calendar year in which the report is submitted, 

16 the following: 

17 (A) The information described in para18 graphs (1) through (7) of section 2(c) of the 

19 Secret Service Recruitment and Retention Act 

20 of 2018 (Public Law 115–160; 132 Stat. 

21 1246). 

22 (B) A comparison between the final data 

23 reported under subparagraph (A) and the an24 nual projections reported for that calendar year 

25 under paragraph (3)(A), including an explaVerDate Sep 11 2014 19:31 Dec 12, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3427.IS S3427
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1 nation for any substantial variance between 

2 that final data and those annual projections. 

Æ