[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
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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.
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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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