Overtime Pay for Protective Services Act of 2023

Bill: 118-s-3427
Sponsor: full_name: Sen. Graham, Lindsey [R-SC]
Introduced: 2023-12-06
Policy area: Government Operations and Politics
Subjects: Congressional oversight

Government employee pay, benefits, personnel management

Government information and archives

Protection of officials
Latest action: action_date: 2024-02-06
text: Became Public Law No: 118-38.

Summaries:
action_date: 2023-12-06
action_desc: Introduced in Senate
text: <p><b>Overtime Pay for Protective Services Act of 2023</b></p> <p>This bill extends through 2028 and modifies the authority to provide premium pay for protective services employees of the U.S. Secret Service that exceeds certain statutory limits on premium pay. The bill also requires the Secret Service to provide related information to Congress. </p> <p>The bill provides that, if the bill is enacted after December 31, 2023, the extension applies as if it were enacted on December 31, 2023. The bill also specifies that employees who perform routine administrative or technical work are not eligible for this premium pay.</p> <p>Next, within 180 days of the bill's enactment, the Secret Service must report to Congress on how it is addressing the demand for Secret Service protection personnel and recommend strategies for reducing the use of overtime.</p> <p>The bill also requires the Secret Service to report to Congress: (1) the number of employees receiving premium pay above the statutory cap; (2) the number of employees who were not fully compensated due to the statutory cap and the total amount that employees would have been paid without the cap; (3) the total, median, mean, and greatest amounts of premium pay above the cap; and (4) a list of personnel who received premium pay above the cap and separated from the agency. This information must be provided for each calendar year and updated quarterly. Further, the Secret Service must report to Congress on the effect that the bill has had on this data. </p>

action_date: 2024-01-29
action_desc: Passed House
text: <p><strong>Overtime Pay for Protective Services Act of 2023</strong></p><p>This bill extends through 2028 and modifies the authority to provide premium pay for protective services employees of the U.S. Secret Service that exceeds certain statutory limits on premium pay. The bill also requires the Secret Service to provide related information to Congress.</p><p>The bill provides that, if the bill is enacted after December 31, 2023, the extension applies as if it were enacted on December 31, 2023. The bill also specifies that employees who perform routine administrative or technical work are not eligible for this premium pay.</p><p>Next, within 180 days of the bill's enactment, the Secret Service must report to Congress on how it is addressing the demand for Secret Service protection personnel and recommend strategies for reducing the use of overtime.</p><p>The bill also requires the Secret Service to report to Congress (1) the number of employees receiving premium pay above the statutory cap; (2) the number of employees who were not fully compensated due to the statutory cap and the total amount that employees would have been paid without the cap; (3) the total, median, mean, and greatest amounts of premium pay above the cap; and (4) a list of personnel who received premium pay above the cap and separated from the agency. This information must be provided for each calendar year and updated quarterly. Further, the Secret Service must report to Congress on the effect that the bill has had on this data.</p>

action_date: 2024-02-06
action_desc: Public Law
text: <p><strong>Overtime Pay for Protective Services Act of 2023</strong></p><p>This act generally extends through 2028 the authority to provide premium pay to protective services employees of the U.S. Secret Service even if it causes the employee's annual pay to exceed&nbsp;the statutory cap. The act also requires the Secret Service to provide related information to Congress.</p><p>Under the act, a protective services employee may receive premium pay even if the premium pay causes the employee's total annual pay to exceed the statutory cap that applies to these employees. (Generally, protective services employees' pay may not exceed the rate of basic pay payable for General Schedule 15 or the maximum rate payable for level V of the Executive Schedule.)&nbsp;Secret Service employees who perform routine administrative or technical work are not eligible for this premium pay.</p><p>The act provides that, if the act is enacted after December 31, 2023, the extension applies as if it were enacted on December 31, 2023.</p><p>Next, within 180 days of the act's enactment, the Secret Service must report to Congress on how it is addressing the demand for Secret Service protection personnel and recommend strategies for reducing the use of overtime. The act provides that such strategies must include the appointment of additional personnel, redistributing the workload amongst Secret Service personnel, solutions such that premium pay exceptions or waivers are not needed, and other improvements in operational efficiency.</p><p>The act also requires the Secret Service to report to Congress&nbsp;its projections for the following: (1) the number of employees receiving premium pay above the statutory cap; (2) the number of employees who were not fully compensated due to the statutory cap and the total amount that employees would have been paid without the cap; (3) the total, median, mean, and greatest amounts of premium pay above the cap; and (4) a list of personnel who received premium pay above the cap and separated from the agency.&nbsp;</p><p>This information must be provided&nbsp;no later than 30 days after the act's enactment for calendar year 2024. Thereafter, the report must be provided by December 31 for each calendar year through 2027 and updated quarterly.&nbsp;Further, the Secret Service must report to Congress on the effect that the&nbsp;act has had on this data.</p>

tv_txt: One Hundred Eighteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four S. 3427 IN THE SENATE OF THE UNITED STATES 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.

1. Short title This Act may be cited as the Overtime Pay for Protective Services Act of 2023 . 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) 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; (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) 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) 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 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.

Speaker of the House of Representatives Vice President of the United States and President of the Senate

tv_txt: 118th CONGRESS 1st Session S. 3427 IN THE SENATE OF THE UNITED STATES 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.

1. Short title This Act may be cited as the Overtime Pay for Protective Services Act of 2023 . 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) 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; (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) 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) 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 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.

Passed the Senate December 18, 2023. Secretary

tv_txt: II 118th CONGRESS 1st Session S. 3427 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. Short title This Act may be cited as the Overtime Pay for Protective Services Act of 2023 . 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) 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; (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) 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) 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 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.