[Congressional Record Volume 170, Number 16 (Monday, January 29, 2024)]
[House]
[Pages H258-H260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            OVERTIME PAY FOR PROTECTIVE SERVICES ACT OF 2023

  Mr. DONALDS. Madam Speaker, I move to suspend the rules and pass the 
bill (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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3427

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Overtime Pay for Protective 
     Services Act of 2023''.

     SEC. 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

[[Page H259]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Donalds) and the gentleman from Maryland (Mr. Raskin) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. DONALDS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. DONALDS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of S. 3427, the Overtime Pay for 
Protective Services Act of 2023.
  As we all know, the members of the Secret Service are tasked with 
protecting Presidents, other high-ranking government officials, and 
their families from harm.
  They staff public events, providing a visible police presence, 
securing vital property in our Nation's Capital and nationwide.
  They are trained and prepared to act at the first sign of danger.
  While this career can be extremely rewarding, the job itself is 
challenging and stressful, with agents and officers often working long 
hours around the clock, including on holidays and weekends.
  Through these sacrifices, Secret Service agents and officers commit 
their lives to public service and deserve to be fairly compensated for 
their work, which is why in 2016, Congress authorized allowing Secret 
Service officers and agents to earn overtime pay above their GS pay 
scale level.
  Unfortunately, on December 31 of last year, the Secret Service's 
authority to pay special agents and uniformed division officers 
adequate overtime expired, compromising the ability to pay many 
commensurate with their duties.
  With the upcoming elections and other high-profile events of global 
significance this year and beyond, the Secret Service will be called 
upon to help protect events and people serving in positions vital to 
national security.
  That is why I am pleased that the Overtime Pay for Protective 
Services Act, which would renew the authority needed to provide Secret 
Service members with the respect, gratitude, and compensation that they 
deserve, is before us today.
  This bill has been endorsed by the Federal Law Enforcement Officers 
Association.
  Madam Speaker, I thank my House colleagues, Homeland Security 
Committee Chairman Green, and Ranking Member Bennie Thompson, for 
leading the bipartisan companion in the House.
  I also thank House Oversight Committee Chairman   James Comer and 
Ranking Member Jamie Raskin for their work addressing this important 
U.S. Secret Service workforce issue, and I reserve the balance of my 
time.
  Mr. RASKIN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise to support S. 3427, the Overtime Pay for 
Protective Services Act. The legislation would see to it that Secret 
Service agents who work overtime get paid for the time they have 
worked.
  The bill authorizes an extension of the Secret Service's current pay 
cap level of level II of the Executive Schedule through 2028 so that 
agents are permitted to receive compensation for the hours of overtime 
they work. Without this legislation, the pay of Secret Service agents 
would be capped at GS-15 level.
  The Presidential campaign years place great challenges and strain on 
Secret Service personnel. According to the most recent data available, 
in 2022, nearly 1,600 agents worked so many hours that they maxed out 
their annual overtime in salary.
  The amount of overtime worked resulted, on average, in more than 
$11,000 per agent.
  This bill also includes extensive reporting requirements, including 
both quarterly and annual reporting on the number of individuals 
receiving overtime and estimates for future years.
  This will help keep the agency focused on its personnel management 
problem, and keep Congress informed on the issue and funding needs of 
the agency.
  This elevated pay cap for Secret Service agents has been in place 
since 2016. While the agency has made some progress in recruiting, this 
is, in essence, a management problem. The Secret Service must be able 
to pay its people in order to attract and retain the best talent that 
is available. The Secret Service needs to hire more people to reduce 
its heavy overtime expenses.
  Madam Speaker, I reserve the balance of my time.
  Mr. DONALDS. Madam Speaker, I am prepared to close, and I reserve the 
balance of my time.
  Mr. RASKIN. Madam Speaker, I have no further speakers, and I yield 
back the balance of my time.
  Mr. DONALDS. Madam Speaker, I encourage my House colleagues on both 
sides of the aisle to unite behind the brave men and women of the 
Secret Service and support this commonsense bipartisan bill, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Donalds) that the House suspend the rules 
and pass the bill, S. 3427.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page H260]]

  

  Mr. DONALDS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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